Oroville City Council
November 5, 2024

November 05, 2024~4:00 PM Oroville City Council Meeting Agenda Page 1 of 6

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
November 05, 2024

REGULAR MEETING
CLOSED SESSION 3:30 PM
OPEN SESSION 4:30 PM
AGENDA

PUBLIC ACCESS AND PARTICIPATION
Please review the options below for ways to participate 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. 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 non-agenda 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 54956.8, the Council will meet with the City Administrator and City Attorney to discuss Real Property Negotiations regarding 1931 Arlin Rhine Memorial Drive 95965

2. Pursuant to Government Code Section 54957, the Council will meet with the Personnel Officer and City Attorney to the Public Employee appointment of the Interim Police Chief. 1 November 05, 2024~4:00 PM Oroville City Council Meeting Agenda Page 2 of 6

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

4. Pursuant to Government Code Section 54957, the Council will meet with the Personnel Officer to discuss Public Employee Performance Evaluations. Position Title: Department Heads and Contract Employees

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. PENSION UNFUNDED ACCRUED LIABILITY UPDATE
Every fall the City receives an updated Actuarial report from CalPERS. This report contains information regarding the CalPERS unfunded accrued liability (UAL) that is of great concern to the City. The report contains information regarding the success (or lack thereof) of the investment earnings achieved by CalPERS for each year.

ACTION REQUESTED -
ACCEPT FOR INFORMATION.

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

1. Council Announcements and Reports

2. Administration Reports
2 November 05, 2024~4:00 PM Oroville City Council Meeting Agenda Page 3 of 6

CONSENT CALENDAR
Consent calendar items 1 - 7 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.

1. A RESOLUTION OF THE CITY COUNCIL OF OROVILLE, CALIFORNIA RECOGNIZING NOVEMBER 2024 AS HOMELESS YOUTH AWARENESS MONTH
The City Council shall consider adopting a resolution recognizing November 2024 as Homeless Youth Awareness Month.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9326 AND AUTHORIZE THE MAYOR TO SIGN.

2. DISTRIBUTION OF MEDICAL ACCOUNT FUNDS TO ELIGIBLE FIRE DEPARTMENT

RETIREES FOR FUTURE MEDICAL EXPENDITURES
The City Council will consider the distribution of medical account funds to eligible fire department retirees for future medical expenditures.

ACTION REQUESTEDAPPROVE THE DISTRIBUTION OF MEDICAL ACCOUNT FUNDS TO FOUR FIRE

DEPARTMENT RETIREES, EITHER VIA CASHOUT OR ROLLED OVER INTO A TAX-FREE ACCOUNT TO BE USED FOR FUTURE MEDICAL EXPENSES.

3. AMENDMENT TO PAYROLL TIME KEEPING POLICY
The City Council may consider updates to the City’s Payroll Time Keeping Policy.

ACTION REQUESTED -
APPROVE UPDATES TO THE CITY’S PAYROLL TIME KEEPING POLICY

4. CONTRACT WITH CIVIC PLUS FOR CITY WEBSITE REDESIGN
The City Council will consider utilizing Civic Plus to redesign and host the City’s website, utilizing the Public, Education, and Government (PEG) Fund, in the amount of $42,287.95. Annual cost after implementation would be $19,415.25.

ACTION REQUESTED -

APPROVE THE AWARD OF CONTRACT FOR THE CITY WEBSITE REDESIGN TO CIVIC PLUS IN THE AMOUNT OF $42,287.95 FOR IMPLEMENTATION AND $19,415.25 ANNUALLY AND AUTHORIZE STAFF TO SIGN.
3 November 05, 2024~4:00 PM Oroville City Council Meeting Agenda Page 4 of 6

5. STATE ROUTE 162 ACTIVE TRANSPORTATION PROGRAM PROJECT – BUDGET ADJUSTMENT AND CONSULTANT AMENDMENT NO. 4 FOR DESIGN AND SUPPORT

SERVICES
The City Council will consider a design contract amendment and budget adjustment in the amount of $163,148.00 for the State Route (SR) 162 Active Transportation Program (ATP) Project for construction/design support, as-built drawings, and record-of-survey/monumentation efforts. This additional work is required to complete the project.

ACTION REQUESTED -
APPROVE AMENDMENT NO. 4 FOR MARK THOMAS TO PROVIDE ADDITIONAL

CONSTRUCTION/DESIGN SUPPORT, AS-BUILT DRAWINGS, AND RECORD-OF-SURVEY DOCUMENTS AND MONUMENTATION.

6. 2025 CITY OF OROVILLE MEETING SCHEDULE
The City Council may consider adopting the proposed meeting schedule for the 2025 year.

ACTION REQUESTED -
APPROVE THE REVISED CITY OF OROVILLE 2025 MEETING SCHEDULE. .

7. APPROVAL OF THE OCTOBER 15, 2024 CITY COUNCIL REGULAR MEETING MINUTES The City Council shall consider approving the Regular Meeting Minutes of the October 15, 2024 City Council meeting.

ACTION REQUESTED -
APPROVE MINUTES AND AUTHORIZE THE MAYOR TO SIGN.

REGULAR BUSINESS

8. UPDATE ON THE MISSION ESPERANZA PALLET SHELTER PROJECT AND REQUEST FOR

GRANT FOR OPERATIONAL EXPENSES
The City Council will receive a presentation from Suzi Kochems, city consultant, regarding the Mission Esperanza Project.

Additionally, Council will consider approving a Housing Program Fund grant in the amount of $100,000 to Mission Esperanza for operating expenses until Mission Esperanza begins servicing clients at the new shelter site.

ACTION(S) REQUESTED -

1. RECEIVE PRESENTATION REGARDING MISSION ESPERANZA.

2. APPROVE GRANT REQUEST IN THE AMOUNT OF $100,000 TO MISSION ESPERANZA

TO BRIDGE THE OPERATIONAL GAP UNTIL THE MISSION IS ABLE TO OPEN ITS DOORS AND ACCEPT NEW CLIENTELE.
4 November 05, 2024~4:00 PM Oroville City Council Meeting Agenda Page 5 of 6

9. RESOLUTION IMPLEMENTING CALFIRE 66-HOUR WORKWEEK
The City Council shall consider approving an amendment to the CAL FIRE contract, reducing the current workweek from 72 hours to 66 hours. This amendment will result in an annual increase in contract costs of approximately $693,067. It is estimated that the change in workweek will increase costs by approximately $404,289 this fiscal year.

ACTION REQUESTED -
APPROVE RESOLUTION NO. 9327 DIRECTING STAFF TO BRING BACK AN AMENDMENT

TO THE CALFIRE CONTRACT INCREASING FIREFIGHTER STAFFING LEVELS IN AN AMOUNT OF APPROXIMATELY $404,289 FOR A TOTAL OF APPROXIMATELY $5,431,753 FOR FIRE PROTECTION SERVICES AND AUTHORIZE THE MAYOR TO SIGN.

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

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

10. 4:30PM - MODIFICATIONS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

FIRST TIME HOMEBUYER PROGRAM GUIDELINES
The City Council will conduct a public hearing to solicit comments regarding modifications to the Community Block Development Grant (CDBG) First Time Homebuyer Program Guidelines.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9324 _ A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING MODIFICATIONS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FIRST TIME HOMEBUYER PROGRAM GUIDELINES.
5 November 05, 2024~4:00 PM Oroville City Council Meeting Agenda Page 6 of 6

11. 5:00PM - PUBLIC HEARING REGARDING THE ADOPTION OF AN ORDINANCE AMENDING CHAPTER 9 SECTION 04.030 CITY PARKS USE REGULATIONS INCORPORATING

LANGUAGE RESTRICTING CAMPING IN PARKS AND PUBLIC SPACES The City Council shall consider adopting an ordinance amending Chapter 9, section 04.030 of the Oroville Municipal Code incorporating language to restrict camping in parks and public spaces.

ACTION(S) REQUESTED -

1. INTRODUCE AMENDMENTS TO CHAPTER 9 SECTION 04.030 OF THE OROVILLE MUNICIPAL CODE REGARDING CAMPING IN PARKS AND PUBLIC SPACES;

2. WAIVE THE FIRST READING AND INTRODUCE BY TITLE ONLY ORDINANCE NO. 1883 – AN ORDINANCE AMENDING CHAPTER 9 SECTION 04.030 CITY PARKS USE

REGULATIONS INCORPORATING LANGUAGE RESTRICTING CAMPING IN PARKS AND PUBLIC SPACES;

3. DIRECT STAFF TO RETURN TO COUNCIL FOR A SECOND READING AND PUBLIC HEARING.

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.

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items

2. Correspondence
i. Butte County Mosquito & Vector Control District
ii. CalWater WaterSense Excellence Award Announcement
iii. PG&E Notice Rate Change Rates (A.24-09-014)

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on November 19, 2024 at 4:00 p.m.

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

Recordings - All meetings are recorded and broadcast live on cityoforoville.org and YouTube. 6

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: RUTH DUNCAN, ASSISTANT CITY ADMINISTRATOR,

ADMINISTRATIVE SERVICES
RE: PENSION UNFUNDED ACCRUED LIABILITY UPDATE
DATE: NOVEMER 5, 2024

SUMMARY
Every fall the City receives an updated Actuarial report from CalPERS. This report contains information regarding the CalPERS unfunded accrued liability (UAL) that is of great concern to the City. The report contains information regarding the success (or lack thereof) of the investment earnings achieved by CalPERS for each year.

DISCUSSION
The pension costs for the City continue to be of great concern. Staff scheduled this presentation working with our financial advisors, NHA Advisors to bring us up to date with the UAL portion of our pension costs.

A discussion will follow in a few months to review and discuss strategies to address fiscal sustainability with regard to unfunded pension costs.

FISCAL IMPACT
None

ACTION REQUESTED
Receive information only.

ATTACHMENTS
NHA Pension Investment Performance Presentation
7 Item 1.

CITY OF OROVILLE

CALPERS UNFUNDED ACCRUED LIABILITY (UAL) AND PENSION UPDATE NOVEMBER 5, 2024
8 Item 1.
2 Presentation Objectives
 Executive Summary
 Background – What is a UAL?
 Historical and Projected CalPERS UAL Payment Schedule  Considerations for Continued CalPERS UAL Cost Management 9 Item 1.
3 Executive Summary
 City of Oroville has a projected $15.2M CalPERS Unfunded Accrued Liability (“UAL”), as of the latest CalPERS valuation estimates for 6/30/2023
 Miscellaneous Plan: $6.0M | Safety Plan: $9.2M
 Increase from $12.8M in prior year (6/30/2022) due to CalPERS investment underperformance  CalPERS FY 2023-24 Investment Returns: 9.3%
 Projected to decrease UAL to $14.3M (as of 6/30/2024)  City’s UAL payments will not be impacted by this change until FY 2026-27  City also has $17.1M of outstanding Pension Obligation Bonds (POBs)  Issued in 2021 to restructure $19M of UAL and 2007 POBs at a 3.21% interest rate  Continuing to monitor and manage ongoing debt liabilities (i.e. UAL + POB) will be critical for fiscal resiliency
 Resources: City maintains $3.9M Section 115 Trust balance for pensions 10 Item 1.
4 $82.7 Million $97.9 Million
$15.2 Million
$-
$10
$20
$30
$40
$50
$60
$70
$80
$90
$100
Millions
CalPERS Pension Funded Status
Background on How CalPERS Works
Two Payments Made to CalPERS Annually
 (1) Normal Cost (NC) = Annual cost for current employees  (2) Unfunded Accrued Liability (UAL): Annual payment to amortize the “debt” to CalPERS
 CalPERS actuaries calculate how much the City is required to have in its account with them to pay out benefits to City’s retirees over the next 30-40 years (Actuarial Liability)  CalPERS annually calculates the Market Value of City’s assets held on account with them; Most public agencies have less assets than required to meet Actuarial Liability
 This shortfall (i.e., the “UAL”) is not repaid all at once but amortized over time with the City paying down a portion each year (principal and interest)
 CalPERS uses a “discount (i.e., interest) rate” of 6.80%  CalPERS annually adjusts this repayment schedule by adding a new “base” (i.e., layer) which adds to (in bad investment years) or lowers (good investment years) the overall repayment schedule  Over the past 20 years, the addition of these “layers,” along with other CalPERS assumption changes, has created a very irregular repayment shape for most CalPERS public agencies
Market Value of
Assets
Actuarial
Liability
Shortfall (UAL)
*Figures in chart based on CalPERS 6/30/2022 valuation report data. 11 Item 1.
5 UAL
Balance
(FYE):
2023:
$15.2M
2024:
$14.2M
$0.0
$0.5
$1.0
$1.5
$2.0
$2.5
$3.0
$3.5
201820192020202120222023202420252026202720282029203020312032203320342035203620372038203920402041204220432044 Millions
Historical and Projected CalPERS UAL Payment Schedule
Source: CalPERS Pension Outlook Tool & Actuarial Valuation Reports Returns: 21.3% -7.5% 6.1% 9.3%
Historical UAL
Payments
 UAL balance is projected
to decrease to $14.2M
from 9.3% returns in FY
2023-24
 City has benefitted from
lower payments in FY
2022/23 to FY 2024/25
due to 2021 POB and
strong 21.3% CalPERS
returns in FY 2020/21
 City has prudently
leveraged these savings
to build up $3.9M in its
Section 115 Trust
2022:
$12.8M
2007 POB
2021 POB: $17.1M outstanding
Projected Payments on $14.2M of CalPERS UAL
2021:
$0.0M
12 Item 1.
6 $-
$0.5
$1.0
$1.5
$2.0
$2.5
$3.0
$3.5
20252026202720282029203020312032203320342035203620372038203920402041204220432044 Millions
Projected UAL Payments (CalPERS Pension Outlook Tool)*
2021 POB
Net Payments (Incl. Deposits & Withdrawals)
Leveraging Section 115 Trust Assets to Stabilize Future Costs  Assumptions:
 $3.9M current balance from the
Section 115 Trust stays invested
 No additional contributions
 4.5% long-term investment returns
rate for Section 115 Trust
 Funds could be withdrawn from
the 115 Trust during higher
payment years to reduce impact to
the General Fund
 If the City can make additional
contributions to the Section 115
Trust in FY 2025, it can reduce future
impact to General Fund even further
*Source: CalPERS Pension Outlook Tool (assumes CalPERS earns

9.3% in FY 2023-24, and 6.8% every year thereafter)
Potential Section 115 Trust Withdrawals
(2028 – 2040) to Help Offset UAL Costs
13 Item 1.
7 Conclusion
 City of Oroville has taken several pro-active measures over the last several years to better manage rising pension costs
 2021 POB (UAL Restructuring)
 City would have a >$32M UAL and more escalating payment schedule if no POB was issued  Section 115 Trust - $3.9M balance
 City must stay vigilant to combat the continued impact of rising pension costs  Annual review of cost projections + Section 115 Trust analysis to assess cost-smoothing strategy  City currently has $8M of fund balance assigned to pensions  As part of FY 2025/26 budget process, City can explore leveraging some of this to further enhance cost mitigation strategies
 Analyze bolstering 115 Trust vs. paying down UAL quicker with CalPERS (ADPs and Fresh Start Amortization)  City should make sure to incorporate recent projections and cost management strategy into long term forecast/planning to ensure fiscal sustainability  Model out pessimistic scenarios as well to ensure ideal reserve thresholds maintained 14 Item 1.

QUESTIONS?
15 Item 1.

CITY OF OROVILLE
RESOLUTION NO. 9326

A RESOLUTION OF THE CITY COUNCIL OF OROVILLE, CALIFORNIA RECOGNIZING NOVEMBER 2024 AS HOMELESS YOUTH AWARENESS MONTH WHEREAS, homelessness among youth is a significant issue nationwide, affecting thousands of children and young adults each year; and
WHEREAS, the City of Oroville acknowledges that homeless youth are often vulnerable to exploitation, hunger, lack of access to education, and limited opportunities for personal growth and well-being; and
WHEREAS, the challenges faced by homeless youth often include separation from their families, barriers to healthcare, mental health services, stable housing, and educational attainment, all of which hinder their ability to lead healthy, productive lives; and WHEREAS, national studies estimate that on any given night, over 4 million youth and young adults between the ages of 13 and 25 experience homelessness or housing instability across the United States; and
WHEREAS, organizations in the City of Oroville, along with concerned citizens, service providers, and public institutions, work tirelessly to support homeless youth and provide essential services such as emergency shelters, counseling, education, job training, and mentorship programs; and
WHEREAS, Homeless Youth Awareness Month, observed in November, brings attention to the issues facing homeless youth and highlights the need for continued efforts to prevent homelessness and provide adequate support to these vulnerable young individuals; and
WHEREAS, raising awareness of youth homelessness encourages community action, strengthens support networks, and promotes policies that address the root causes of homelessness among youth in Oroville and beyond.

NOW, THEREFORE, BE IT RESOLVED, that the Oroville City Council does hereby proclaim the month of November 2024 as Homeless Youth Awareness Month in the City of Oroville, and encourages all citizens, businesses, and organizations to participate in activities, programs, and initiatives that support and uplift homeless youth, and to advocate for solutions that address the challenges faced by homeless youth in our community.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on November 5, 2024 by the following vote:
16 Item 1.

AYES:

NOES:

ABSTAINED:

ABSENT:

APPROVED AS TO FORM:

Scott E. Huber, City Attorney
___________________________
David Pittman, Mayor
ATTEST:

Kayla Reaster, Asst City Clerk
17 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: LIZ EHRENSTROM, HUMAN RESOURCE/RISK MANAGER
RE: DISTRIBUTION OF MEDICAL ACCOUNT FUNDS TO ELIGIBLE FIRE

DEPARTMENT RETIREES FOR FUTURE MEDICAL EXPENDITURES
DATE: NOVEMBER 5, 2024

SUMMARY
The City Council will consider the distribution of medical account funds to eligible fire department retirees for future medical expenditures.

DISCUSSION
The City Council is aware that the City is changing medical plan vendors for the calendar year 2025. Approximately half of the City employees will be enrolling in Teamsters medical plans and half of the City is enrolling in Vanasek medical plans. The City has four fire department retirees who have medical accounts on file with the City which provide for retiree medical benefits. These accounts were set up upon retirement at the retiree’s request to fund medical premiums post retirement. The benefit at the time allowed for accumulated sick leave to be converted into a dollar value account to pay for medical, dental and vision premiums as retirees.

With the change in medical providers and the fact that the City no longer has a City fire department (fire services are contracted out to Cal Fire), Teamsters will not accept them into their medical plans as there is no labor group to associate them with. These retirees can get a medical plan through Vanasek insurance however it will be at a higher premium because the cost of medical plans with Vanasek is based upon age. Staff have reached out to Nationwide Retirement Solutions to inquire if they had a tool that would allow the City to roll over these medical funds into individual accounts for these retirees where they could use the funds to pay for their own healthcare plans. This would allow transfer of funds without taxation and give the fire department retirees use of their full funds for retiree medical benefits, as it was intended.

Retirees would have the option to cash their accounts out to be used for future medical expenses or roll them over into another tax-free account to be used for future retiree costs.

Staff have spoken to these retirees and are requesting authorization to distribute the funds to the four fire department retirees. The value of all four accounts is $200,844.38.

FISCAL IMPACT
The Funds will be paid from account 100.1150.5310 the Health Insurance Account.

RECOMMENDATION
18 Item 2.

Approve the distribution of medical account funds to four fire department retirees, either via cashout or rolled over into a tax-free account to be used for future medical expenses.

ATTACHMENTS
None
19 Item 2.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: RUTH DUNCAN, ASSISTANT CITY ADMINISTRATOR-ADMINISTRATIVE

SERVICES
RE: AMENDMENT TO PAYROLL TIME KEEPING POLICY
DATE: NOVEMBER 5, 2024

SUMMARY
The Council may consider updates to the City’s Payroll Time Keeping Policy.

DISCUSSION
The City has been transitioning to a new payroll software for some time now. Currently, the payroll process includes using timesheets in the old software and calculating the payroll in the new software. Staff are now ready to implement the timekeeping portion of the new software which will require a few minor updates to the Payroll Time Keeping Policy.

The attached policy was implemented on 12/01/21. Updates are shown in redline.

FISCAL IMPACT
None

RECOMMENDATION
Approve updates to the City’s Payroll Time Keeping Policy

ATTACHMENTS
Payroll Time Keeping Policy with redline updates.
20 Item 3.

PAYROLL TIME KEEPING POLICY
City of Oroville
Finance Department
Current Effective Date: 11/05/24
Previous Revision Date: 12/10/21
A. Purpose
To outline the policies and procedures adopted by the City Council regarding provisions for keeping and submitting time for the purpose of paying payroll to the employees of the City of Oroville.

B. Policy Scope
This policy is applicable to all employees of the City of Oroville who keep and submit time records to the Finance Department for purposes of payroll.

C. Policy
Submitting and processing timesheets.
 The Finance Department will develop and maintain procedures that employees, supervisors and timekeepers will follow to ensure timesheets and payroll are processed accurately and timely.
 This policy will help ensure that employees are completing their own timesheets and submitting them to their department supervisors and timekeepers in a timely manner.
21 Item 3.

1. All employees are required to accurately complete and submit , sign and date a timesheet. Employees will be held accountable and responsible for the accuracy of the information provided on the timesheet. Employees are expected to thoroughly complete a timesheet and present it to their supervisor in a timely manner. The deadline for this requirement is at the end of each shift and submitting their timesheet to their supervisor at the end of their last shift for the pay period. Employees may not complete a timesheet for another employee unless a supervisor, manager or department director has granted permission. The employee must submit still sign and date the timesheet to indicate that the employee has reviewed and agrees with the entries on the timesheet. Timesheets must be submitted by the employee and approved by their supervisor using an electronic signature through the timesheet software program.

Employees utilizing software for reporting and/or approving timesheets will obtain a confidential sign-on and password.

2. All supervisors are required to review and verify the accuracy of information provided on timesheets by their assigned personnel. Supervisors are expected to complete their review in a timely manner and forward them to their Supervisor. Supervisors are responsible for ensuring that all employees who worked during the pay period have provided a timesheet. The deadline for this supervisory review is 12:00 noon on the Monday after the end of the pay period. If an employee is absent due to illness, out-of-town assignment, authorized absence, or emergency and is unable to complete a timesheet, the supervisor is responsible to ensure that the employee’s time is submitted in an accurate and timely manner. Upon return of the employee, the supervisor will ensure the employee has reviewed the accuracy and completeness of the employee’s electronic timesheet. Timesheets must be approved using an electronic signature through the timesheet software program.

3. All timekeepers Supervisors are required to ensure that all timesheets submitted to them have been accurately, completely, and thoroughly processed and the data is submitted in in a timely manner. Timekeepers Supervisors are expected to submit review and approve payroll changes to Payroll Change Forms to correct any inaccurate or late timesheet information 22 Item 3.
to be processed the following pay period. Upon discovery of errors, corrections are to be made in conjunction with the processing of the next payroll period. Corrections must be reviewed by Supervisors and the Finance Department. Time for one pay period may not be entered with another pay period to correct a previous error; a Payroll Change Form must be submitted.

The above timelines will be adjusted whenever a holiday occurs on the Monday prior to payday. The Finance Department will provide advance notice and guidelines, via email, to all timekeepers in such situations.

D. Responsibilities
 Employee
o Maintain an accurate daily time record of hours worked and the correct charge codes. Timekeeping should be done daily. o Clocking in and out using the technology provided. Including clocking in and out for lunch breaks.
o Exempt employees are not required to clock in and out. o Obtain approvals for overtime and leaves.
o Prepare and submit the completed time record in the format required by the time designated.
 Time not submitted by the designated cut off time will be estimated by the supervisor. and a payroll change request can be approved for the next payroll. submitted for any changes at a later date.
 Supervisor
o Ensuring that employees reporting to the supervisor have the correct time and leave on their timesheet.
o Ensuring the accuracy of the timesheet.
o Approving of overtime.
o Approval of the timesheet and submission by noon on the Monday following a payroll cycle.
o
 Finance Department
23 Item 3.
o Final review of timesheet information, reconcile overtime and leave used.
o Ensure that all employees are paid on appropriate dates in accordance with federal and state regulations.
o Process and post payroll and interface with the financial software.

E. Enforcement
 Employees who don’t adhere to this policy will be subject to disciplinary action at the discretion of their supervisors and the City Administrator. o First time offenders will be:
 Counseled to ensure that timesheet reporting
requirements are understood.
 Advised of the consequences of further infractions
 Provided with a copy of this policy and acknowledgement receipt that it has been communicated and understood.
o Second time offenders will:
 Receive a written warning in their personnel files.
 Be subject to spot checks by their supervisors.
 Be required to attend a training session on timekeeping. o Third time offenders will meet with their supervisors and City Administrator that this infraction will be noted in the employee’s next annual performance evaluation, and they will receive a second written warning in their personnel file.
o Fourth time offenders will have their case presented by their supervisor to the City Administrator a disciplinary review committee for review. Punitive actions up to and including termination if the actions continue.

PROCEDURES
Procedures are being developed as the time sheet process is being built by the IT Department and Finance Department.
24 Item 3.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: TYSON PARDEE, MANAGER

INFORMATION TECHNOLOGY DIVISION
RE: CONTRACT WITH CIVIC PLUS FOR CITY WEBSITE REDESIGN
DATE: NOVEMBER 5, 2024

SUMMARY
City Council will consider utilizing Civic Plus to redesign and host the City’s website, utilizing the Public, Education, and Government (PEG) Fund, in the amount of $42,287.95. Annual cost after implementation would be $19,415.25.

DISCUSSION
The City of Oroville’s current website is nearly 10 years old and is beginning to show its age.

A redesign will give the City an opportunity to modernize the site's technology, improve the user experience, increase security and maintain compliance with federal regulations for Americans with Disabilities Act (ADA) compliance.

On August 19, 2024, City staff released the Request for Proposals for the redesign of the City Web site. The City of Oroville was seeking the best proposal that centralizes content management, is ADA compliant, easier for the public to navigate, and allows for any City Staff member to manage items within their department. Part of the process was also finding a provider that would be equipped to integrate additional features that may be needed or new technologies that may be developed in the future.

Thirteen companies bid on the project and of those, four were selected to provide a demonstration of their product. After the demonstrations, City staff agreed that Civic Plus fulfilled all RFP requirements and provided a powerful and simplistic user interface. Civic Plus also has a few other features that set them apart. A couple of these items include a greater ADA compliance, ability to graphically create better designed department landing pages and the ability to push news and calendar events directory from the website.

FISCAL IMPACT
Funding is available with the PEG fund.

RECOMMENDATION
25 Item 4.

Approve the award of contract for the City website redesign to Civic Plus in the amount of $42,287.95 for implementation and $19,415.25 annually and authorize staff to sign.

ATTACHMENTS
1) CivicPlus RFP Submission
2) CivicPlus Quote
3) Bids Received
26 Item 4.

Website Redesign & Hosting
Services
City of Oroville, California
PRESENTED BY:

Taylor Wilson, Account Executive
September 6, 2024
27 Item 4.
civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888.228.2233 | FEIN: 48-1202104 September 6, 2024
Tyson Pardee, IT Manager
1735 Montgomery St.

Oroville, CA 95965
RE: Website Redesign & Hosting Services
Dear Mr. Pardee and Selection Committee:

Every interaction between a member of your community and your local government is an opportunity to create a positive civic experience. At CivicPlus, LLC (CivicPlus), our mission is to help make local governments work better. To do that, we build technology solutions to empower you and your staff to create digital interactions that are personal, one-stop, and frictionless.

With CivicPlus’ Municipal Websites Central (Web Central) content management system (CMS) Oroville won’t simply be getting a website—you’ll also obtain the tools to build a trusted and long-term relationship between you and your residents. By partnering with CivicPlus, you’ll receive:
• Responsive design that is available to your residents from anywhere on any device • Comprehensive suite of modules and tools tailored to the functionality you need most • Hands-on migration of existing content by our team of experts • Guaranteed redesign after four years of service to keep your website fresh and innovative • 24/7/365 emergency support with secure hosting and maintenance Your new website will be developed on the most robust and flexible CMS systems available. Web Central is an easy-to-use suite of cloud-based tools built specifically for local government. You’ll be able to inform and empower your residents and staff in more efficient ways.

CivicPlus will be the only provider of services and systems for this response and will not be utilizing subcontractors. This proposal is valid for 90 days from September 6, 2024.

I welcome the opportunity to discuss our proposed solution for Oroville and answer any questions you may have about partnering with CivicPlus.

Sincerely,

TAYLOR WILSON
Account Executive
[email protected]
785.323.1508
28 Item 4.
civicplus.com
Table of Contents
Experience Summary. 1
Firm Capabilities. 8
Cost. 14
Draft Scope of Work. 19
Exceptions to Model Contract. 22
29 Item 4.
civicplus.com 1
Experience Summary
CivicPlus History
CivicPlus began in 1998 when we decided
to focus on helping local governments work
better and engage their residents through their
web environment. Over the years, CivicPlus
implemented new technologies and merge with
industry forerunners to maintain the highest
standards of excellence and efficiency for our
customers.

Our portfolio includes solutions for website design
and hosting, parks and recreation management,
emergency and mass communications, agenda
and meeting management, 311 and CRM, process
automation and digital services, codification,
licensing and permits, web governance and ADA
remediation, social media archiving, and FOIA
management.

Our commitment to deliver the right solutions in
design and development, end-user satisfaction,
and secure hosting has been instrumental in
making us a leader in government web technology.

Contact Information
RFP Contact – Taylor Wilson, Account Executive |
785.323.1508 | [email protected]
Primary Office – 302 S. 4th Street, Suite 500,
Manhattan, KS 66502 | Toll Free: 888.228.2233 |
Fax: 785.587.8951
Website – civicplus.com

POWERING & EMPOWERING

GOVERNMENT
Government leaders tell us that one of their most
pressing needs is to improve how residents access
and experience municipal services; however, they
struggle with budget cutbacks and technology
constraints. CivicPlus empowers municipal leaders
to transform interactions between residents and
government into consistently positive experiences.

What sets us apart is our Civic Experience
Platform. CivicPlus is the only government
technology company exclusively committed
to powering and empowering governments to
efficiently operate, serve, and govern using our
innovative and integrated technology solutions
built and supported by former municipal leaders
and award-winning support teams. With it,
municipalities increase revenue and operate more
efficiently while fostering trust among residents.

Experience
25+ Years | 10,000+ Customers | 850+ Employees
Recognition
Inc. 5000 11-time Honoree
GovTech 2024 Top 100 Company
Stevie® Awards Multiple Global Awards for Service
Excellence
30 Item 4.
civicplus.com 2
Experience with Websites
CivicPlus has over 25 years of experience working
with municipal organizations across the US and
Canada with over 3,300 customers utilizing the
Web Central CMS. With such experience, we are
confident that we can provide the best solution for
Oroville.

Key Personnel
From project management to design and
development to training and support, a
professional and experienced project team will
assist you throughout the development process
to ensure your project’s success and your
complete satisfaction. Based on our years of
experience administering projects, it has become
our policy to assign individual team members at
the project start that connect with your style and
municipality’s needs. As such, we do not provide
names or resumes of team members during the
RFP process. Rest assured that your project team,
once assigned, will deliver the attention and effort
you need and deserve to create a website that
achieves your vision of success.

Project Manager – Provides communication,
establishes project plan, schedules project
resources, facilitates project tasks, ensures
requirements are met according to scope
Consultant – Examines current state, recommends
solutions to challenges, provides actionable steps
for implementation
Art Director – Establishes vision for website
design, collaborates with graphic design team
to create website design to meet your needs,
coordinates design application to functioning
website
Web Content Specialist – Guides content
development process, ensuring application of best
practices for usability and accessibility
Trainer – Educates your team to use the Web
Central system and demonstrates effective use of
tools and functionality

PROJECT TEAM LEADERS
Our expert team leaders will coordinate qualified
specialists who will work directly with you
throughout your project development and beyond.

Tiffany Williamson, Senior Vice
President of Product
• Education – BA Speech Communication, JD
Pepperdine University School of Law
• Resume – Chief Technology Officer &
General Manager, VP Operations & Global
Segment Marketing, VP Global Segment
Planning & Marketing, Director, Strategic
Planning
• 15+ Years Experience – Building and
scaling SaaS platforms for the Government,
Education, and Legal markets
Adam Block, Senior Director of
Professional Services
• Education – BS Business Administration
Management; Economics
• Resume – Lead Project Manager; Financial
Services
• 10+ Years Experience – Project
Management; Business Management; Team
Building; Customer Service
Jeremy Wilson, Senior Director of
Customer Success
• Education – BS Political Science
• Resume – Assistant Manager of Account
Management; Solutions Specialist
• 5+ Years Experience – Customer Service;
Leadership Sales; Team Building
Jim Flynn, Director of Information
Security
• Education – BA Computer Information
Systems
• Resume – Chief Systems Architect;
Information Technology Director; Software
Engineer
• 20+ Years Experience – Cybersecurity;
Hosting; Network Infrastructure; System
and Software Architecture
31 Item 4.
civicplus.com 3
Project Timeline
A typical ultimate project ranges from 16 – 28
weeks. Oroville’s exact project timeline will be
created based on detailed project scope, project
enhancements purchased, availability for meeting
coordination, action item return and completion,
approval dates, and other factors. Your project
timeline, tasks, due dates, and communication
will be managed and available in real-time via our
project management software, Cloud Coach.

Phased Approach
PHASE 1: INITIATE
Project Kickoff – During this initial meeting, your
project manager will perform introductions, detail
deliverables needed, provide a high-level overview
of the development process, and introduce tools
and resources used to manage your project.

Planning & Scheduling – Your project manager will
create a comprehensive project timeline based on
the project scope and your specific needs.

PHASE 2: ANALYZE
Customer Deliverables – Oroville will be
responsible for submitting deliverables as outlined.

Align Consulting – Align Consulting involves
establishing goals for a project, addressing
stakeholder needs, and establishing collective
goals. All stakeholders will understand the project’s
scope, resources, and tasks required—achieving a
shared vision for a successful website project.

Design Discovery Meeting – Your project manager
and art director will meet with you to discuss
design preferences and establish design structure
from flexible layout options.

Content Process Meeting – Meet with your project
manager and web content specialist to detail our
content development process.

Mood Board & Layout Proposal – A custom layout
in greyscale format and recommended color
palette will be created by your art director, to
which you’ll have the ability to review and provide
feedback and approval.

P H AS E 3: D E S I G N &

CONFIGURE
Design Concept Development – You’ll have
the chance to review a responsive, functioning
design concept prototype in an actual production
environment. You will have the opportunity to
evaluate the presented design concept and
collaborate with your project team on any feedback
and then final approval.

PHASE 1: INITIATE
2-4 Weeks
• Project Kickoff Meeting
• Planning & Scheduling
PHASE 2: ANALYZE
4-6 Weeks
• Customer Deliverable Submission
• Consulting Engagement
• Design Discovery Meeting
• Content Process Meeting
• Mood Board & Layout Proposal
P H AS E 3: D E S I G N &

CONFIGURE
6-10 Weeks
• Design Concept Development
• Design Concept Meeting
• Content Development
• Agendas & Minutes Migration
• Website Completion
PHASE 4: OPTIMIZE
1-2 Weeks
• Website Finalization
PHASE 5: EDUCATE
1-2 Weeks
• Training Engagement
PHASE 6: LAUNCH
2-4 Weeks
• Website Launch Confirmation Meeting
• Website Launch
32 Item 4.
civicplus.com 4
Content Development – Our Content Development
team will migrate the agreed upon number of
pages of content (including their text, documents,
and images) from your current website to your
new, Web Central website. Content will be
enhanced for usability and accessibility, and we
will organize your website pages to make them
easy to navigate.

Agendas & Minutes Migration – The Content
Development team will download, upload, and
organize an agreed upon number of meetings to
the Agenda Center module.

Website Completion – Oroville will receive a
completed production website featuring your
approved design combined with the finished
content.

PHASE 4: OPTIMIZE
Website Finalization – Both the Web Central
project team and you will prepare your website for
launch. During this time, you will be able to make
final adjustments to the content on your production
website, as well as ensure overall satisfaction with
your website.

PHASE 5: EDUCATE
Training Engagement – The training plan aims
to equip staff with the necessary skills and
tools to maintain and update your website, with
customized sessions for both administrators and
users. Training will utilize your production site for
experience with your website.

PHASE 6: LAUNCH
Website Launch Confirmation Meeting – Your Web
Central project team confirms all the details that
are necessary to take your website live and explain
what you can expect on launch day.

Website Launch – After final confirmation, your
website will be made live and available to the
public.

Your Role
• Collect photos and logos for your website’s
branding and design.
• Share website statistics for content,
navigation, and design adjustments (if
available).
• Complete the Design Form to communicate
design preferences.
• Provide technical information in the DNS
form for the set-up of your website domain
name(s).
• Review and approve project milestones.
• Update current website content and
remove unnecessary pages.
• Track website updates to update during
training.
• Confirm up-to-date web browsers on
organizations computers.
• Compile a list of your website users and
desired permission levels.
• Reserve training location and necessary
resources (computers, conference phone,
etc.).
33 Item 4.
civicplus.com CONFIDENTIAL | 5
Past Projects

KEY WEST, FL
A City of Key West Web Specialist recalls that when
the City was searching for a new website provider,
it wanted a system that provided integrated
functionality designed to fit the needs of local
governments, but that also allowed for some
flexibility and custom configurations presented
with a modern, easily navigable interface.
“We wanted more online capabilities for
applications and communications with the public,”
they said. “Before CivicPlus, applications were
only available on our website as PDF forms. So a
key factor in a solution partner was the ability to
convert them to digital forms and help us improve
our ADA compliance.”
Upon launch of its new website, Key West’s
residents immediately noticed and appreciated the
aesthetic and functional improvements.
“People loved how beautifully it was laid out and
how easy it was to navigate,” they said.

Key West’s CivicPlus website also helped the
City meet its communication goals by using its
Web Central Send newsletter functionality and
NotifyMe® subscription tool.
“The core group of citizens who live here yearround are a tight-knit community,” said the Web Specialist. “Our long-term residents have been
here for generations. They are the unspoken
stakeholders in our community. Our newsletter
helps us send targeted messages and gather
feedback from citizens and make the changes they
want to see.”

READING, MA
In January 2023, Reading, Massachusetts
was awarded the Massachusetts Municipal
Association’s (MMA) Website of the Year award for
its size community. To achieve this goal, both the
design (look and feel) and functional capabilities
(like the ability to minimize the number of clicks
residents needed to make before finding what
they are looking for) were essential to a quality
municipal website.

When asked what ultimately led to Reading moving
forward with CivicPlus, Jayne Wellman, Director of
Operations, noted:
"CivicPlus offered the only platform we were
interested in working with at the time...We looked
at other websites, we looked at the website
providers and we did not think that any other
provider integrated the website piece with the
functionality piece that we needed to have. We
needed payments to integrate with multiple
different kinds of payment systems. All our backend systems — like Assessing or GIS — had to work seamlessly on the website. We post all
our procurement on the website. It's not just a
brochure for a municipality. It is a complicated,
integrated system. When we brought the project
to CivicPlus and we talked a lot about what our
options were, how to do this or that, how far down
the road, how to construct the contract for design
refreshes in the future. All of that was part of the
conversation we had at the very beginning of the
process, before even signing the contract, we
came up with a lot of different pieces about how
and the website would develop longitudinally,
because we're designing a system now that will
probably be still running in eight years, it was a
heavy lift and we wanted to be really intelligent
about how we did that. CivicPlus gave us the ability
to sort that out in the beginning and be able to
anticipate and build for future needs. We needed
that, and CivicPlus has since acquired a number of
different companies in this space like SeeClickFix
who we have had a great partnership with."
“CivicPlus has done a fantastic job of
engaging customers, soliciting feedback,
and using that feedback to enhance its
products.”
— City of Key West Web Specialist
34 Item 4.
civicplus.com CONFIDENTIAL | 6

TUSTIN, CALIFORNIA
tustinca.org
Contact: Stephanie Najera, Communications
Manager
Address: 300 Centennial Way, Tustin, CA 92780
Email: [email protected]
Phone: 714.573.3107
Fax: N/A
Description of Services: Ultimate package website
redesign, development, and implementation
including content migration, and training. Project Enhancements include Platinum Security, Monsido, and 4-Year Redesign. CivicPlus continues to provide hosting, support, and maintenance.

CHINO, CALIFORNIA
cityofchino.org
Contact: Vivian Castro, Deputy City Manager/
Public Information Officer
Address: 13220 Central Avenue, Chino, CA 91710
Email: [email protected]
Phone: 909.334.3307
Fax: N/A
Description of Services: Ultimate package website
redesign, development, and implementation
including content migration, and training. Project Enhancements include Monsido and 4-Year Redesign.

CivicPlus continues to provide hosting, support, and maintenance.

References
35 Item 4.
civicplus.com CONFIDENTIAL | 7

LODI, CALIFORNIA
lodi.gov
Contact: Benjamin Buecher, IT Manager
Address: 221 W Pine Street, Lodi, CA 95240
Email: [email protected]
Phone: 209.333.6800
Fax: N/A
Description of Services: Ultimate package website
redesign, development, and implementation
including content migration, and training. Project
Enhancements include Platinum Security and 4-Year Redesign. CivicPlus continues to provide hosting, support, and maintenance.

DUBLIN, CALIFORNIA
dublin.ca.gov
Contact: Shari Jackman, Communications
Manager/Public Information Office
Address: 100 Civic Plaza, Dublin, CA 94568
Email: [email protected]
Phone: 925.556.4555
Fax: N/A
Description of Services: Ultimate package website
redesign, development, and implementation
including content migration, and training. Project Enhancements include AudioEye and 4-Year Redesign.

CivicPlus continues to provide hosting, support, and maintenance.

BREA, CALIFORNIA
ci.brea.ca.us
Contact: Anthony Sanchez, Tax and Accounting
Specialist
Address: 1 Civic Center Circle, Brea, CA 92821
Email: [email protected]
Phone: 714.671.3658
Fax: N/A
Description of Services: Ultimate package website
redesign, development, and implementation
including content migration, and training. Project Enhancement includes 4-Year Redesign. CivicPlus continues to provide hosting, support, and maintenance. 36 Item 4.
civicplus.com 8
Firm Capabilities
To ensure project success, our dedicated team
of professionals work hand in hand with our
customers’ staff and leadership. This consultative
approach of our time-tested and refined
implementation process ensures stakeholders
are aligned in objectives and target outcome of
project. We also provide a robust, full-featured
CMS to meet your needs.

Meeting Your Required
Elements
Developed & Managed by Vendor
CivicPlus delivers a completed website on a hosted
platform. CivicPlus has 26 years of experience
building and supporting local government
websites, and there are over 3,300 current
customers on the Web Central platform. The
content development process begins with your
team meeting with the CivicPlus production team
assigned to your project. They will cover best
practices for content, the type of content to be
carried over, the migration timeline, agenda and
minutes migration, best practices related to colors
and images, creating engaging content, and the
development of online forms. The production
team will hold an initial meeting with your team to
identify the mood, look, and feel of your website.

There will be multiple opportunities to proof your
presented designs until you feel the options
truly portray your organization. Every project is
designed from scratch and is highly collaborative.

During implementation, you'll be assigned a project
team to assist you throughout development to
ensure your project’s success and satisfaction.

Your team will consist of a project manager, art
director, web content specialist, and trainer. The
project manager coordinates the process from
start to finish and will be your primary connection.

The art director is the creative voice, working
with you to clarify your vision into a cohesive look
and layout. Web content specialists will provide
feedback and guidance on the layout of content
on your new website. Your trainer will provide
on-site/online training to equip your staff with the
knowledge and comfort level needed to prepare
your website for launch and maintain it in the
future.

After the Go Live of your website, your dedicated
customer success manager will help find solutions
for your changing needs by creating an ongoing
strategy to better engage your residents using
the tools and products we offer and when
your staff has technical questions, our support
personnel are ready to provide answers and ensure
their confidence in using our system. The Web
Central product is designed for ease of use for
all administrative users in all areas. No need for
knowledge of HTML to update pages or images
with drag-and-drop creation of content. Widgets
are used at the page level not only to place content
but to organize it and present it in a user-friendly
way.

Software as a Service (SaaS) Model
Web Central is a SaaS-based solution.

Designed for Government Use
The Web Central CMS is developed specifically
for local government and includes modules and
tools offering unique functionality to streamline
your processes, self-service options to reduce
call volume and walk-ins for common requests,
and permission-based access for website
management. We believe Web Central to be a
robust solution that exceeds the functionality of
your current website, but would like to discuss any
specific items or concerns with you in detail.

Americans with Disabilities Act (ADA) Compliant
CivicPlus website designs are currently built using
WCAG 2.1 Level AA guidelines. With the addition
of AudioEye, included in this proposal, the website
will be compliant with WCAG 2.2 AA, the latest
published and accepted standard for accessibility.
37 Item 4.
civicplus.com 9
With the optional enhancement of Monsido, you
have the ability to quickly locate and fix issues
such as broken links, misspellings, outdated
content, SEO errors, web accessibility errors,
and more. Monsido helps you keep your website
up-to-date with current guidelines, optimize your
website, and keep track of all of your progress
from one place. Monsido offers automated scans
and error detection to eliminate guesswork and
the need for endless manual checks, leaving
you to focus on what matters the most: offering
your users a great web experience. WCAG 2.2 is
now available as testing criteria in the Monsido
Platform. Monsido is committed to staying at
the forefront of accessibility testing, aligning
our solution with all iterations of the WCAG. As
accessibility guidelines evolve you can be sure
Monsido will incorporate any revisions.

Hosted in Diverse Data Centers with Diverse
Network Connections
Included with this proposal is the CivicPlus
Guardian Hosting & Security package. Hosting is
with Netsolus in a Tier II SOC 2 Compliant Data
Center with Cloudflare's DDoS protection and
Regional Content Delivery Network (CDN) services.

Platinum Security, an optional enhancement, is
hosted in Microsoft Azure for the US Government.

Services Monitored by Support 24/7
Our award-winning Technical Support Team is
available from 7 a.m. to 7 p.m. (CST) by phone,
email, and live chat. Online support can be
accessed through your website dashboard. Any
ongoing tickets are available online to track the
status. Additionally, you will have a dedicated
customer success manager.

Emergency services are available after
regular hours with our on-call staff 24/7/365
and are provided free of charge for true
emergencies (i.e., website is down, applications
are malfunctioning, etc.). However, customers
may incur support charges for non-emergency
requests during off hours (i.e., basic functionality/
usage requests regarding system operation and
management). A self-service training tool known
as the CivicPlus Help Center is also available and
accessible at any time. The Help Center includes
click-by-click tutorials and instructions on how to
create content throughout the system.

Further, CivicPlus provides proactive maintenance
by identifying potential system issues through
regular reviews of site logs, error messages,
servers, router activity, and the internet. Includes
daily backups, scheduled upgrades, testing,
development, and operating system patches.

Site-Wide SSL Encryption
Regulated data is encrypted at rest and during
transmission. CivicPlus will include an SSL for your
site, or you may bring your own.

Site-Wide Messaging Capability for Emergency
Notifications (I.e. Evacuation Warnings)
The Web Central CMS includes an Alert Center
module, which will activate a custom banner at
the top of all your pages, just a department and
its pages, or just the home page. Site visitors can
subscribe to those alerts by email and/or text
message using the Notify Me module. In addition,
you can also create a "splash screen" that is
completely customizable.

Granular Permissions Set for Individual Pages,
Designated Sections, & the Entire Website
Our solution is permissions-based, meaning
workflow and approvals are handled through
Group and User Administration. Permission groups
for your staff can be set as Author (Save and
Submit), Publisher (Save and Publish), Owner
(system administrator access for a controlled
area), as well as the Full System Administrator.

Guest permissions are used for the public. Multiple
permission levels can be set for all content on the
website. These permission levels include removing
guest rights to any pages, documents, or modules,
allowing them to only be viewed by those in
your organization through the use of a login and
password (or Custom IdP Integration with ADFS

4.0, 5.0, Entra ID (formerly Azure AD), or Okta).

Active Directory and/or Azure Active Directory
Custom Identity Provider (IdP) integration, included
with your project, supports ADFS 4.0, ADFS 5.0,
38 Item 4.
civicplus.com 10
Microsoft Entra ID (formerly Azure AD), or Okta
to allow your staff to authenticate with network
credentials for the CivicPlus Authentication Service.

Software Upgrades Performed Semi-Annually
Updates happen twice a month from 10 p.m.

Saturday evening to 6 a.m. Sunday morning.

You'll be advised in your Web Central Dashboard
and via emailed communication. These activities
are performed on alternate Saturdays with one
Saturday being used for Hosting & Patching, and
other Saturday for software patches, bug fixes,
enhancements, and upgrades. Most of the updates
are done within a short window and are expected
to be completed in 15 minutes or less. If extended
outages are expected, notices are provided at a
minimum of two weeks.

Customizable Forms
Web Central CMS includes a Form Center module
that provides this functionality. The Form Center
helps content creators easily develop every aspect
of an online form with no programming knowledge
necessary. Forms are created through a simple
drag-and-drop interface similar to web pages.

Process Automation and Digital Services is an
optional enhancement that would provide the
organization with the ability to create encrypted
forms, progressive web apps, and robust
workflows leveraging a number of APIs.

Facility Directory
Web Central includes a Facilities Module that
provides this functionality.

Job Postings
The Web Central CMS includes a Jobs module
that can be used to post job openings and collect
applications utilizing our Form Center. Please note
that the built-in fillable forms functionality is not
encrypted.

Web Central CMS
The Web Central CMS, developed specifically for
municipalities, is robust and flexible with all the
features and functionality you need.

Resident Engagement
Notices and Alerts – Post emergency or important
information on your website and notify residents
through email and SMS, via Alert Center.

Blog – Post opinions/information on various topics
and allow resident comments and subscriptions.

Calendar – Create multiple calendars and events
to inform residents of upcoming activities that are
viewable by list, week, or month.

Submit Requests and Report Issues – Allow
residents to report a problem and provide followup communication with the point of contact (includes five user licenses & 10 request types) via
Citizen Request Tracker (CRT).

Form Center – Create custom, online forms via
simple drag-and-drop functionality. Track form
submissions within the CMS and route email
notifications to the appropriate individual(s).

Get Community Input – Post initiatives and project
ideas to receive feedback and interact with your
residents via Community Voice.

News – Post news items to keep your residents up
to date on important information via News Flash.

Opinion Poll – Poll your residents on important
topics by showing the Opinion Poll widget on
relevant pages.

Notifications – Allow your residents to subscribe to
receive text and email notifications on topics that
are important to them via Notify Me (includes up to
500 SMS users).

Pop-up Modal – Call attention to important
information sitewide or on specific pages.

Asset Management
Agenda Center – Create and display meetings
and agendas on the website utilizing our built-in
Agenda Center module.

Archive Center – Manage and retain serial and
older documents.

Document Center – Organize and manage
documents in one central repository.

Public Assets – Store and resize all your images
in one central location. Images are optimized for
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performance, mobile responsiveness, and contain
alt text for accessibility compliance.

Information & Navigation
Easy for Residents to Navigate – An intuitive
design, mega menu options, prominent buttons,
and dynamic breadcrumbs throughout your site, all
allow residents to easily find what they need.

Frequently Asked Questions (FAQs) – Provide
answers to the most frequently asked questions to
reduce phone and foot traffic for staff.

Graphic Links – Create visually appealing buttons
to direct users to important information.

Info Advanced – Use Info Advanced to create
engaging displays of information for reuse
throughout the website.

Quick Links – Provide links to highly requested
services and information (commonly displayed in
website footers and right-hand navigation).

Resource Directory – Showcase information on
local businesses and/or community resources.

Staff Directory – Provide contact information for
departments and individual staff members. The
Staff Directory widget allows you to quickly place
specific persons or departments on relevant pages.

Department-Specific
Activities – Create and post activities, events, and
classes so residents can register for them and
even pay online.

Facilities & Reservations – Display facilities on
your site for residents to browse. Allow them to
filter by amenities, view facility details, and even
make reservations online.

Job Postings – Post available jobs online and
accept online applications.

Bids – Post open bid opportunities with supporting
documentation and allow onine submittal.

Commonly-Used Widget Library
Community Voice Widget – Encourage civic
participation and engagement by adding specific
discussion areas to relevant pages.

Custom HTML Widget – Embed videos or other
HTML features in your page.

Editor Widget – Edit text with word processing
tools, plus web tools like code view and the
Accessibility Checker.

Form Center Widget – Embed simple forms.

Image Widget – Add images to a page.

Notify Me Widget – Place specific Notify Me
subscriptions lists on pages to allow users to sign
up for the exact lists you recommend.

Related Documents Widget – Create a dynamic list
of documents referenced in the Document Center.

Slideshow Widget – Add a slideshow of images.

Tabbed Widget – Organize larger pages of
information in horizontal, vertical, or stacked vertical or accordion style tabs.

Administrative Features
Browser-Based – Update your website from an
internet connection on any platform (Mac or PC).

Administrative Dashboard – Quick access to
messages, recent activities, pending approvals,
and expiring items.

Content Scheduling & Versioning – Set content to
auto-publish and auto-expire, with an archive of all
published content and previous versions.

Dynamic Page Components – Modules such as
Calendar, FAQs, and News Flash, may be included
as dynamic page components on any page.

History Log – Track changes made to your website.

Intranet – Use permissions to set a secure location
on your website that allows employees to login and
access non-public resources and information.

Levels of Permissions – Assign staff members
to groups with different levels of permissions of
access and authority throughout the CMS.

Pending Approval Items – Administrators
have access to a queue of pending items to be
published or reviewed.

Website Statistics – Provided website analytics for
analysis.

User-Friendly Features
Automatic Alt Tags – Built-in features assist with
ongoing ADA compliance of your website.
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Credit Card Processing – With the add-on feature
CivicPlus Pay (Pay), you can integrate with an
approved payment processor to accept payments
on your website (separate agreement must be
made directly between you and the chosen
approved processor). Additional fees apply.

Preset Styling Standards and Ongoing Styling
Flexibility – Site changes automatically inherit your
design standards, keeping your website clean and
consistent. You can easily adjust the placement
and style of widgets, content, and more to match
your desired look.

Link Redirects – Instead of sending your users to
http://civicplus.com/248/Awards-and-Recognition,
you can send them to http://civicplus.com/awards.

Live Edit – See where your information will be
posted on a page before you make any changes
with our WYSIWYG editor and drag-and-drop tools.

Maps – Easily embed maps from Google, ESRI, and
more using the HTML widget.

Mega Menu – A main navigation menu makes it
easy to get to any page on your website quickly.

Predictive Site Search – Our powerful site search
functionality automatically indexes all content
making it easy for visitors to find information
across pages, documents, and images.

Site Search Log – All search words kept in a log.

Real Simple Syndication (RSS) Feeds –
Administrators and website visitors can use RSS
feeds to display content or be notified of content
updates.

Responsive Design – With responsive design, your
website adjusts to the screen size regardless of
what device is being used.

Social Media – Set various modules to
automatically post to your Facebook and/
or X (formerly Twitter) feeds and incorporate
compatible social media feeds and widgets into
your website.

Supported Browsers – View your website in
the latest versions of major browsers including
Microsoft Edge, Firefox, Safari, and Chrome.

Third-Party Access – Utilize iframes, embeds, and/
or links to most of your third-party services. Or use
our growing list of APIs to build applications.

Translation – Integration with Google Translate
translates web pages into over 100 languages.

The Civic Experience
Platform
Administrative – Staff have access to single signon (SSO), a dashboard for administrative access, APIs for better integration, and a centralized data
store with robust automation and integration
capabilities.

CivicPlus Portal – Allow residents to build a
customizable dashboard with quick links to the
pages and services on your website that they use
most frequently, they’ll be more likely to conduct
regular revenue-generating business with your
municipality, and your staff will benefit from
reduced phone calls, walk-ins, and emails.

Integration Hub – Access simplified developer
integrations and data sharing between CivicPlus
and third-party solutions. (Additional fees may
appy.) Examples include:
• A News Flash update in a specific category
to immediately post to the Alert Center
• Push a new Calendar Event to post directly
in the News Flash module
• Automatically create an issue in SeeClickFix
311 CRM after sending a notification via
Notify Me or posting in the Alert Center
Ultimate Package Designs
You’ll meet with your art director to discuss your
website vision and build your custom layout. We
will then collaborate with you to create a custom
design that represents your community. We will
focus on including the functionality to meet your
website needs, including an option for up to
three Advanced Design Components, if desired.

Advanced Design Components provide next-level
user engagement by leveraging the latest design
enhancements in the Web Central product. Your art
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director will help you choose the components that
work best for your website goals and desired site
maintenance level.

MOOD BOARD & LAYOUT PROPOSAL
Your project team will present a custom mood
board reflecting the colors and/or imagery that
will set the tone for your design. A mood board is
a collection of colors and/or images used to align
the visual direction of the project. This process
involves conversing with your art director on the
order, placement, and format of your homepage
content and design elements, aimed at achieving
your usability goals. Your preferences will be
solidified into a homepage layout wireframe,
which will provide the structural blueprint for the
visual design application. Aligning project goals
and design through the layout proposal ensures a
timely and efficient implementation of your Web
Central website. Once approved, the mood board
and layout proposal will be used to guide the
design concept for your website.
48-Month Redesign
CivicPlus understands daily trends and analyzes
website design to make it easier for residents to
navigate. That’s why we have included a recurring
redesign every 48-months, providing a brand-new
website design and layout, with quality control
reviews to ensure content is consistent. This
approach ensures a welcoming and familiar virtual
hub for community engagement.

Guardian Security
Our Enterprise Level Hosting Solution is designed
with local governments in mind, offering
unparalleled DDoS protection to safeguard your
digital infrastructure from the most aggressive
cyber threats. With our state-of-the-art security
measures, you can ensure the continuity of critical
services, even in the face of sophisticated attacks.

We guarantee a high availability of **99.9%
uptime**, ensuring your services are accessible
when your residents need them the most.

Data Center
• Redundant Power Supply
• Uninterruptible Power Supply (UPS) Systems
• Enhanced Cooling Infrastructure
• Diesel Engine Generators
• Energy Storage
• Redundant HVAC Systems
• N+1 Redundancy
• Fully Redundant Network
• System Monitoring − 24/7/365
Security
• Web Application Firewall (WAF) Protects Against
SQL Injection, Cross-Site Scripting, & Other
Threats
• OWASP Modsecurity Core Rule Set Guards
Against OWASP Top 10 Vulnerabilities
• Server Management Services Ensure Smooth
Operation & Optimal Performance
• Regular Software Updates & Security Patches
• Antivirus Management & Updates Protect
Against Malware
• Continuous System Monitoring for Health &
Performance
Gulf Shores, AL
gulfshoresal.gov
Riverside, IL
riverside.il.us
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Cost
CivicPlus can appreciate the monetary constraints facing our governments each day. To help ease these concerns and assist with budgeting and planning, our proposed project and pricing are valid for 90 days from September 6, 2024.

Features & Functionality
• Web Central CMS Tools, Widgets, &
Features
• DNS Setup for URL cityoforoville.org
• AudioEye Managed
• Custom IdP Integration
Implementation
• Ultimate Package
o 1 Custom Website Layout Proposal
o 1 Custom Design Built Using Approved
Custom Layout & up to 3 Advanced
Design Components
• 362 pages Content Development from URL
cityoforoville.org
• Up to 100 Meetings Worth of Agendas &
Minutes PDF/DOC Migration
• Up to 2 Days Virtual Align Consulting
• 8 Blocks of Virtual System Training (up to 3
hours/block)
Annual Recurring Services
• Guardian Hosting & Security
• 1 SSL Certificate
• DNS Hosting for URL cityoforoville.org
• Software Maintenance Including Service
Patches & System Enhancements
• 24/7 Technical Support & Access to the
CivicPlus Help Center
• Dedicated Customer Success Manager
• 48-Month Ultimate Website Redesign
Oroville’s Investment One-Time
Fees
Year 2
Annual Fees
Website CMS & Implementation $20,540.25 $10,418.10
AudioEye Managed N/A $4,373.25
Custom IdP Integration $1,575.00 $1,967.70
Consulting $3,000.00 N/A
Training $6,000.00 N/A
Total Investment - Year 1
(includes one-time fees and Year 1 annual services)
$42,287.95
(Reflects a Total $13,513.05 Year 1 Discount)
Annual Recurring Services - Year 2
(includes 5% uplift) $16,759.05
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Pricing & Invoicing
CivicPlus prices on a per-project, all-inclusive
basis (stated in U.S. dollars). This type of pricing
structure eliminates surprise costs, the uncertainty
of paying by the hour, and is overall more cost
effective for our customers. It provides you with
a price based on the products and features listed
in this proposal that only varies if additional
functionality, custom development, security,
escrow requirements, or other design or project
enhancements, outside of the included scope, are
added prior to contract signing.

CIVICPLUS OFFERS:

Standard Invoicing
• 100% of Initial Term invoiced upon
signature date
• First-year Annual Services fee is included
with your Initial Term cost
• Subsequent annual invoicing occurs on the
anniversary of the contract signing date,
and is subject to a 5% technology fee uplift
each year starting Year 2 of your contract
Customized Billing/Invoicing
• Other billing options can be discussed
before contract signing and, if feasible, a
plan developed that works for all parties
• Not available with all CivicPlus products—
please reach out for more details
We will work with you before contract signing
to determine which of our billing processes will
meet both your needs for budget planning and our
accounting processes.

Optional Enhancements
We are confident in the ability of our proposed
project to meet your needs as outlined in the
RFP. Please consider the following additional
enhancements to elevate your overall experience
with CivicPlus and our solutions. Additional
information and a quote can be provided upon
request.

MONSIDO
As a government organization, your website is
vital for providing information to the public so that
they can access essential information, services,
and resources. Monsido’s tools help you identify,
prioritize and address content quality assurance
and accessibility issues on your website so
that you can achieve and maintain compliance
according to WCAG 2.1 standards. Further, we
can help you meet the latest data privacy and
government policy standards.

Accessibility – Government organizations choose
Monsido’s accessibility module because it helps
them achieve a more accessible web experience
for all their users and helps them comply with the
stringent international accessibility regulations,
such as the ADA, Section 508, the AODA, The
Disability Discrimination Act, European standard
EN 301 549. Our accessibility module helps
organizations build accessibility into their digital
presence by scanning websites for accessibility
issues according to the latest WCAG standard and
provides recommendations on how to improve
compliance.

Content Policies – The website user experience
of residents and community weighs heavily on an
organization’s content. Ensuring that content is
clear, consistent, and up to date is vital to the user
experience, and with content editors distributed
across the organization, errors like inaccurate or
outdated content can slip through the cracks.

Monsido’s Policies tool helps government
organizations set up automated rules that scan
their sites to find content that violates brand,
regulatory, and industry standards.

Quality Assurance – Support residents and
community by improving their web user experience
and making sure they can effectively navigate your
site. Monsido equips you and your team with the
tools to find and fix errors like broken links, broken
images, misspellings, and difficult to understand
content, before your users catch them.

Data Privacy – Govern personal data on your
website by scanning your domain and documents
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to locate sensitive information and potential
privacy risks such as exposed social security
numbers/ personal identification numbers or credit
card numbers. Monsido’s Data Privacy Module also
minimizes your risk by categorizing and prioritizing
the high-risk violations so that you can react to
them first.

DEPARTMENT HEADER

PACKAGES
A Department Header Package is a cost-effective
way for a department or division to informatively
and graphically differentiate themselves from
the look of the main website while leveraging
consistent CMS administration. The Department
Header site shares CMS login and modules with
the main website. Further, it inherits the structural
layout from the main website.

Standard Department Header Package Includes:
• Site URL (if applicable)
• SSL Certificate / DNS & Hosting (if
applicable)
• Site Identifier / Logo
• Global Navigation and Menus
• Banner Image(s) and/or Slideshow Image(s)
(if applicable)
• Graphic Links
• Widget Content
• Main Website Widgets & Design Styles
Upgrade to Premium Department Header
Package Includes:
• Widget Content and Placement
• Custom Color Palette
• Main Website Widgets & Design Styles
Upgrade to Ultimate Department Header Package
Includes:
• Widget Content, Placement, and Selection
• Unique Design Styles
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P L AT I N U M H O S T I N G &

SECURITY
Our Platinum package solution comes with
enterprise-level Cloudflare software and adds the
peace of mind of comprehensive and continuous
DDoS protection. From Azure’s geographically
distributed regions and Cloudflare’s Content
Delivery Network (CDN) to constant and vigilant
monitoring and updating of your system,
including 99.9% guaranteed up-time (excluding
maintenance), we’ve got you covered.

Hosting & Security
• Azure hosting
• Web application firewall
• OWASP ModSecurity core rule set
• FedRAMP, PCI, DSS, NIST, and FIPS compliant
Virtual Machines and Databases
• Reverse Proxy Server
• Wildcard SSL (TLS)
• Server management; software updates &
security patches; antivirus management &
updates
• System monitoring – 24/7/365
Performance & Bandwidth
• Server-side Caching
• Regional Content Delivery Network
• Unlimited bandwidth
• Burst bandwidth − Azure (variable)
Disaster Recovery
• Emergency after-hours support, live agent
(24/7)
• On-line status monitor by Data Center
• 2-hour guaranteed recovery TIME objective
(RTO)
• 1-hour guaranteed recovery POINT objective
(RPO)
• Pre-emptive monitoring for disaster situations
• Multiple, geographically diverse data centers
Insights
• Security Analytics Dashboard with graphs &
charts
• Information on traffic, threat types mitigated,
top threat countries, and number of requests
received through Cloudflare
DDoS Mitigation & Advanced Security Coverage
• Defined DDoS Attack Process
• Identify attack source and type
• DDoS attack mitigation with continuous
coverage
• Content Distribution Network & Proxy server
support
• Live User Detection service

CIVICPLUS CHATBOT
You want to give your residents the highest
quality, most responsive, and personalized
customer service experiences. However, with
less staff, fewer resources than ever before,
and building pressure to enable contactless
government, how can you continue to delight your
community members? With smart customer service
automation.

CivicPlus Chatbot is designed to convincingly
simulate the way a human would behave during
a customer service interaction. Our advanced
technology combines the power of site search and
artificial intelligence (AI), to deliver exceptional
customer experiences to people using your
CivicPlus website.

Our Chatbot crawls your website and other linked
databases to create a continually, automatically
updated AI-powered knowledgebase. The result is
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less time spent on common, transactional inquiries
and happier residents who know they can quickly
and effortlessly receive what they need from their
municipality.

Automated Customer Service – Chatbot simulates
the quality service experiences your staff has with
residents; saving you time from answering common
questions by email, phone, and walk-in.

Answers from Multiple Sources – Chatbot crawls
your website and other linked databases to create
a continually updated AI-powered knowledgebase.

No Content Silos – Our smart Chatbot scans your
content and routinely refines its responses for
improved results.

Insightful Analytics – Use Chatbot’s reports to
identify content gaps on your website and add the
information, tools, and resources that people are
searching for most frequently.

An Experience Designed for the Public Sector –
Unlike chatbots intended to facilitate retail sales,
the CivicPlus Chatbot is designed to simulate
government-resident interactions.

CIVICPLUS PROCESS

AUTOMATION AND DIGITAL

SERVICES
CivicPlus’ Process Automation and Digital Services
solution lets you automate tasks and daily
processes to free up more time to govern, serve,
and operate your administration. It also allows
you to provide resident-facing digital services,
increasing revenue and reducing time spent by
both staff and residents.

Forms & Apps– We offer 150+ form templates
pre-built and ready to implement, customize, and
deploy instantly. Our solution’s simple app tools
allow users to group forms in one downloadable
app and accessible online or off-line.

Data Manager Module – Review comprehensive
data reporting on form submissions, with two
key features: a console view for administrative
users and an Applet for non-administrative users,
allowing tabular layout, sorting, filtering, and
exporting to .csv.

Power Automate Connector – Enhances the
system’s data movement functionality, enabling
direct data feed to Office 365 products,
automating daily routines and functions for staff.

Workflow & Approvals Module – The Workflow
& Approvals Module simplifies transactions for
residents and staff by automatically routing
requests and applications to stakeholders across
the municipality. It allows residents to review,
accept, access applications, provide electronic
signatures, approve, deny, comment, or request
clarification.

Scheduling – Allow residents to book appointments
with government entities 24/7, eliminating the need
for walk-ins and rescheduling. It automatically
syncs calendars with employees and collects and
validates data and payment before scheduling.

The service offers a branded, local experience,
empowers residents, is ready-to-go, and is
optimized for mobile use. It also ensures efficiency
and transparency in appointment scheduling.

SDK & Developer Tool Module – Enable your more
tech-savvy staff to perform their own technical
modification to the system, forms, and data flow.

It provides developers with access to source code
and API documentation for product development
using our software as the foundation for their
desired solution.

Credit Card Processing with CivicPlus Pay – With
CivicPlus Pay (Pay), you can integrate with an
approved payment gateway to accept payments on
your website (separate agreement must be made
directly between you and the chosen approved
gateway provider).
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Draft Scope of Work
The following outlines many of the items identified in the City's Attachment III Scope of Work from the Model Contract. We reserve the right to negotiate this Attachment before contract signing.

Sample Ultimate Project Timeline
Please note: Timelines may vary in duration dependent on customer, CivicPlus Team, and resource availability, the pace at which deliverables and approvals are submitted, add-ons, and the CivicPlus Team.

Task When Task Owner
Initiate (~4 weeks)
Project Initiation Week 1 CivicPlus Team
Project Kickoff Meeting (~ 1 hour) ~Week 2 CivicPlus Team & Customer
Planning & Scheduling ~Week 3 CivicPlus Team
Project Timeline Approval ~Weeks 3-4 Customer
Analyze (~5 weeks)
Deliverables ~Weeks 3-4 Customer
Design Discovery Meeting (~ 1 hour) ~Week 5 CivicPlus Team & Customer
Layout & Color Proposal Creation ~Weeks 5-6 CivicPlus Team Layout & Color Proposal Approval ~Weeks 6-7 Customer
Content (~10 weeks) Up to ~300 contracted pages - more pages would be at least 1 week to timeline Site Map Creation ~Week 3 CivicPlus Team
Website Content Review ~Weeks-4-5 CivicPlus Team
Content Process Meeting (~1 hour) ~Weeks 6-7 CivicPlus Team & Customer
Content Preparation & Updates ~Weeks 7-8 Customer
Content Implementation Setup ~Week 9 CivicPlus Team
Content Change Tracking ~Weeks 9-12 Customer
Content Implementation ~Week 10 CivicPlus Team
Quality Control - Content ~Week 11 CivicPlus Team
Final Content Report Creation ~Week 12 CivicPlus Team
SAMPLE
48 Item 4.
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Task When Task Owner
Design & Creation (~5 weeks)
Design Creation/Prep/Setup ~Week 8 CivicPlus Team
Quality Control - Design/Setup ~Week 9 CivicPlus Team
Design Concept Meeting (~1 hour) ~Week 10 CivicPlus Team & Customer
Design Concept Revisions ~Weeks 11-12 CivicPlus Team
Design Concept Approval ~Weeks 11-12 Customer
Training (~6 weeks)
Reserve Training ~Week 9 CivicPlus Team
Training Engagement (up to 6 blocks of training - more
blocks would add at least 1 week to timeline) ~Week 14 CivicPlus Team & Customer
Optimize (~5 weeks)
DNS Form ~Weeks 9-10 CivicPlus Team &
Customer
DNS Configuration ~Weeks 13-14 CivicPlus Team
SSL Certificate ~Weeks 13-14 CivicPlus Team
Website Reveal Meeting (~1 hour) ~Week 13 CivicPlus Team & Customer
Google Analytics Account Creation ~Week 14 CivicPlus Team Website Corrections ~Week 14 CivicPlus Team
Website Finalization ~Week 14 Customer
Launch (~3 weeks)
Website Launch Preparation ~Week 15 Customer
Website Launch Confirmation Meeting (~1 hour) ~Week 15 CivicPlus Team & Customer
Website Acceptance ~Week 16 Customer
Website Launch ~Week 16 CivicPlus Team &
Customer
Project Close Procedures ~Week 17 CivicPlus Team
SAMPLE
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ADD-ONS
Task Additional Weeks Added to Timeline
Additional Design 0
Agenda & Minutes/Meetings 1 Week per 500 Agendas/Meetings AudioEye 0
Chatbot 0
CivicSend 0
Consulting Per Contract
Content 1 Week per 300 Additional Contracted Pages
CivicPlus Pay 4 Weeks
Custom IdP 0
Standard Department Header Package 1 Week
Premium Department Header Package 1 Week
Ultimate Department Header Package 2 Weeks
Department Header Search 0
Encrypted Forms 0
Focus Groups 0 with No Training; 1 Week if Has Training Launch Assistance 0
Logo & Branding Development 19 Weeks
CivicPlus Mobile App 2 Weeks
Platinum Security 0
Portal Page 0
Recommended Navigation 0
User Testing 2-4 Weeks
SAMPLE
50 Item 4.
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Exceptions to Model Contract
Proposal as Non-Binding
Document
A successful project begins with a contract that
meets the needs of both parties. This proposal
(including all supporting, technical, or specification
documents required for submittal with the current
RFP) is intended as a non-binding document, and
the contents hereof may be superseded by an
agreement for services. Its purpose is to provide
information on a proposed project we believe
will meet your needs based on the information
available. If awarded the project, CivicPlus
reserves the right to negotiate the contractual
terms, obligations, covenants, and insurance
requirements as provided in the RFP before a final
agreement is reached. Subject to the terms of
the final controlling agreement, CivicPlus requires
its standard Master Services and Solutions and
Service Terms to be incorporated and linked in
the final agreement. For reference, the CivicPlus
standard Master Services and Solutions and
Service Terms can be found online at civicplus.
help/hc/en-us/sections/10985404533271. We
look forward to developing a mutually beneficial
contract with Oroville.

Exceptions
Included below are our exceptions to the Model
Contract included with the RFP. Consider these as
our reservations thereto and a starting point for
negotiations of a final agreement with Oroville.

5. Confidentiality and Ownership
Strike language and replace with:

Upon full and complete payment of amounts owed
for Project Development under the applicable
SOW, City will own any website graphic designs,
Services content, module content, importable/
exportable data, and archived information (“City
Content”) created by Contractor on behalf of City
pursuant to this Agreement. “City Content” also
includes, without limitation, any elements of text,
graphics, images, photos, audio, video, designs,
artworks, logos, trademarks, services marks, and
other materials or content which City provides to
Contractor for processing, transmission, storage,
or inputs into any website, software or module
in connection with any Services. City Content
excludes any content in the public domain and
any content owned or licensed by Contractor,
whether in connection with providing Services or
otherwise.

Upon completion of the Project Development,
City will take over the management and control
of the Services and City will assume full
responsibility for City Content maintenance and
administration. City, not Contractor, shall have
sole responsibility for the accuracy, quality,
integrity, legality, reliability, appropriateness, and
intellectual property ownership or right to use of
all City Content. City hereby grants Contractor
a worldwide, non-exclusive right and license
to reproduce, distribute and display the City
Content as necessary to provide the Services.

City represents and warrants that City owns all
City Content or that City has permission from the
rightful owner to use each of the elements of City
Content and that City has all rights necessary for
Contractor to use the City Content in connection
with providing the Services. City agrees that
Contractor shall not be responsible or liable for
the content of messages created by City or by
City’s Users or end-users who access Service.

Notwithstanding the foregoing, Contractor retains
the right, but not the obligation, to remove any
City Content that is libelous, harassing, abusive,
fraudulent, defamatory, excessively profane,
obscene, abusive, hate related, violent, harmful
to minors, that advocates racial or ethnic
intolerance, intended to advocate or advance
computer hacking or cracking, or other material,
products or services that violate or encourage
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conduct that would violate any laws or third-party
rights.

At any time during the term of the applicable SOW,
City will have the ability to download the City
Content and export the data that is processed
through the Services (“City Data”). City may
request Contractor to perform the export of
City Data and provide the City Data to City in a
commonly used format, at any time, for a fee to
be quoted at time of request and approved by
City. Upon termination of the applicable SOW for
any reason, whether or not City has retrieved or
requested the City Data, Contractor reserves the
right to permanently and definitively delete the
City Content and City Data held in the Services
thirty (30) days following termination of the
applicable SOW. During the thirty (30) day period
following termination of the SOW, regardless of
the reason for its termination, City will not have
access to the Services.

Intellectual Property in the software or other
original works created by or licensed to
Contractor, including all software source code,
documents, and materials used in performing
the Services (“Contractor Property”) will remain
the property of Contractor. Contractor Property
specifically excludes City Content. City shall not:
• license, sublicense, sell, resell, reproduce,
transfer, assign, distribute or otherwise
commercially exploit or make available to
any third party any Contractor Property in
any way, except as specifically provided in
the applicable SOW;
• adapt, alter, modify, or make derivative
works based upon any Contractor
Property;
• create internet “links” to the Contractor
Property software or “frame” or “mirror”
any Contractor Property administrative
access on any other server or wireless
or internet-based device that may allow
third-party entities, other than City, to use
the Services;
• reverse engineer, decompile, disassemble,
or otherwise attempt to obtain the
software source code to all or any portion
of the Services;
• make any attempt to gain unauthorized
access to the Services and/or any of
Contractor’ systems or networks; or
• access any Contractor Property in order
to:
o build a competitive product or service,
o build a product using similar ideas,
features, functions or graphics of any
Contractor Property, or
o copy any ideas, features, functions or
graphics of any Contractor Property.

The Contractor name, the Contractor logo, and
the product and module names associated
with any Contractor Property are trademarks of
Contractor, and no right or license is granted to
use them outside of the licenses set forth in this
Agreement.

Provided City complies with the terms and
conditions herein, the relevant SOW, and
license restrictions set forth in §10, Contractor
hereby grants City a limited, nontransferable,
nonexclusive, non-assignable license to access
and use the Contractor Property associated
with any valid and effective SOW, for the term
of the respective SOW. The license set forth
herein, shall only apply to the extent that City is
using the Services for legitimate business use
as intended by the purpose of the Services and
not for the purpose of comparing the Services
to a competitor or similar product of Contractor.

City hereby warrants and affirms its purpose in
accessing or otherwise using the Services is for
their intended purpose only and understands and
agrees that any other use shall be considered
fraud.

7. Indemnification.

Contractor agrees to accept responsibility for loss
or damage to any person or entity, and to defend
with counsel of choice by City, indemnify, hold
harmless and release the City, its officers, agents
and employees from and against any and all third52
Item 4.
civicplus.com 24
party actions, claims, damages, disabilities or
expenses that may be asserted by any person or
entity, including Contractor, to the extent arising
out of or in connection with the sole negligent
acts or omissions or willful misconduct in the
performance by Contractor hereunder, whether or
not there is concurrent negligence on the part of
the City, but excluding liability due to the active
negligence or willful misconduct of the City. This
indemnification obligation is not limited in any way
by any limitation on the amount or type of damages
or compensation payable to or for Contractor
or its agents under worker’s compensation acts,
disability benefit acts, or other employee benefits
acts. Contractor shall be liable to City for any loss
of or damage to City property arising out of or in
connection with Contractor’s negligence, willful
misconduct or failure to ensure the work product
complies with all applicable laws at the time of
providing the professional services. This provision
shall survive the termination or expiration of this
Contract.

16. No Delegation or Assignment:

Contractor shall not delegate, transfer or assign
its duties or rights under this Agreement without
prior written consent. Such consent shall not
be unreasonably withheld. Notwithstanding
the foregoing, Contractor may assign this
Agreement upon merger or the sale of a majority
of its assets., either in whole or in part, directly
or indirectly, by acquisition, asset sale, merger,
change of control, operation of law or otherwise,
without the prior written consent of City and any
prohibited delegation or assignment shall render
the contract in breach. Upon consent to any
delegation, transfer or assignment, the parties will
enter into an amendment to reflect the transfer and
successor to Provider. City will not be obligated
to make payment under the Agreement until such
time that the amendment is entered into.

ADDITIONAL TERM:

17. Contractor Terms and Conditions:

This Agreement shall be subject to the terms and
conditions of the Master Services Agreement
(“MSA”) and the applicable Solutions and
Products terms found at: www.civicplus.help/
hc/p/legal-stuff.
53 Item 4.

CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Statement of Work
Quote #: Q-81738-1
Date: 8/21/2024 3:35 PM
Expires On: 11/30/2024
Client:

City of Oroville, CA
Bill To:

OROVILLE CITY, CALIFORNIA
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Taylor Wilson [email protected] Net 30
Ultimate Website Package

QTY PRODUCT NAME DESCRIPTION TOTAL

1.00 Annual - CivicEngage Central Annual - CivicEngage Central USD 3,853.00

1.00 Website Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount USD -1,155.90

1.00 Hosting & Security Annual Fee -
CivicEngage Central
Hosting & Security Annual Fee - CivicEngage Central USD 1,188.00

1.00 Website Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount USD -356.40

1.00 Guardian Security (Cloudflare

WAF/CDN)
Cloudflare Tier 1 WAF/CDN security protection USD 600.00

1.00 Website Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount USD -180.00

1.00 SSL Management CivicPlus
Provided
SSL Management – CP Provided Only 1 per domain
(Annually Renews)
USD 89.00

1.00 Website Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount USD -26.70

1.00 DNS and Domain Hosting Setup DNS and Domain Hosting Setup (http://URL) USD 158.00

1.00 DNS and Domain Hosting
Annual Fee
DNS and Domain Hosting Annual Fee (http://URL) USD 189.00

1.00 Website Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount USD -56.70

1.00 Ultimate Implementation -
CivicEngage Central
Ultimate Implementation - CivicEngage Central USD 10,635.15 V. PD 06.01.2015-0048

City of Oroville Agreement No. 3526
54 Item 4.

QTY PRODUCT NAME DESCRIPTION TOTAL

1.00 48 Month Redesign Ultimate
Annual - CivicEngage Central
48 Month Redesign Ultimate Annual - CivicEngage
Central
USD 4,003.00

1.00 Website Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount USD -2,450.90
362.00 Website Content Development -
1 Page
Content Development - 1 Page - CivicEngage USD 9,412.00

8.00 Website New Customer Virtual
System Training - Up to 3 hours
CivicEngage System Training - Virtual, Up to 3 Hours, up to 12 Attendees
USD 6,000.00

1.00 Alignment Virtual Consulting Up to 2 days virtual consult. Recommended group 8 or less.

USD 3,000.00
Additional Enhancements

QTY PRODUCT NAME DESCRIPTION TOTAL

1.00 AudioEye Managed AudioEye Managed: URL USD 4,500.00

1.00 Accessibility Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount USD -1,249.40

1.00 Custom IdP Integration Package Custom IdP Integration Package USD 0.00

1.00 Website Custom IdP Integration
Annual Fee
Custom IdP Integration Annual Fee USD 1,874.00

1.00 Website Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount USD -562.20

1.00 Website Custom IdP Integration
Implementation Fee
Custom IdP Integration Implementation Fee USD 1,575.00

1.00 Website Design Center Pro
Annual Fee
Design Center Pro Annual Fee USD 3,119.25

1.00 Website Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount USD -3,119.25

1.00 Website Design Center Pro
Implementation
Design Center Pro Implementation USD 0.00

1.00 Design Center Pro Virtual
Training - up to 3 hours
Up to 3 hours virtual instruction with live instructor. (Pricing per two seats)
USD 1,250.00
List Price - Initial Term Total USD 62,333.00
Total Investment - Initial Term USD 42,287.95
Annual Recurring Services (Subject to Uplift) USD 19,415.25 V. PD 06.01.2015-0048

55 Item 4.

Initial Term 12 Months
Initial Term Invoice Schedule 100% Invoiced upon Signature Date Renewal Procedure Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date
Annual Uplift 5% to be applied in year 2
This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/legalstuff (collectively, the "Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW.

V. PD 06.01.2015-0048

56 Item 4.

Acceptance
The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date:

For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/ Authorized Client Signature CivicPlus
By (please sign):
___________________________________
By (please sign):
___________________________________
Printed Name:
___________________________________
Printed Name:
___________________________________
Title:
___________________________________
Title:
___________________________________
Date:
___________________________________
Date:
___________________________________
Organization Legal Name:
___________________________________
Billing Contact:
___________________________________
Title:
___________________________________
Billing Phone Number:
___________________________________
Billing Email:
___________________________________
Billing Address:
___________________________________
___________________________________
Mailing Address: (If different from above)
___________________________________
___________________________________
PO Number: (Info needed on Invoice (PO or Job#) if required) ___________________________________
V. PD 06.01.2015-0048

57 Item 4.

Consultant Phone Sales Rep. Email Year 1 Cost Annual
Civic Plus (785) 323-1508 Taylor Wilson [email protected] $42,287.95 $16,759.05 GHD Services (GovStack) (437) 294-2968 Love Mills [email protected] $28,370.00 $9,030.00 Granicus (720) 640-8341 Jordan Pryczynski [email protected] $49,877.13 $17,630.53 Planeteria (707) 843-3773 Tyler Coffin [email protected] $54,850.00 $3,500.00 Future Cybernetics (706) 503-3030 Johnny Martin [email protected] $64,324.00 Jonajo (415) 377-4619 Kristian Widjaja [email protected] $133,398.00 $16,800.00 Nation Media Design (616) 888-5050 Kaleb Nation [email protected] $21,000.00 $8,200.00 Eyemagine (703) 967-6144 Gage Short [email protected] $74,000.00 $11,500.00 JJC Creative (212) 675-7424 Jim Tormey [email protected] $61,500.00 JuiceBox (515) 401-7891 Dale Bentage [email protected] $63,750.00 Mandala Creative (619) 736-1322 Marisa Crocker [email protected] $74,950.00 $33,250.00 Terra (914) 552-8565 Cooper Pickett $89,000.00 $17,500.00 Zencon Group (212) 281-9910 Priyanka Ghatak [email protected] $77,405.00 $92,800.00 Request For Proposal
Website Redesign
Bids Received - September 6, 2024 at 3pm
Received From:
58 Item 4.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: ALYSSA STUTZ, CITY ENGINEER
RE: STATE ROUTE 162 ACTIVE TRANSPORTATION PROGRAM
PROJECT – BUDGET ADJUSTMENT AND CONSULTANT
AMENDMENT NO. 4 FOR DESIGN AND SUPPORT SERVICES
DATE: NOVEMBER 5, 2024

SUMMARY
The Council will consider a design contract amendment and budget adjustment in the amount of $163,148.00 for the State Route (SR) 162 Active Transportation Program (ATP) Project for construction/design support, as-built drawings, and record-ofsurvey/monumentation efforts. This additional work is required to complete the project.

DISCUSSION
In January of 2020, City Council approved $580,000 for Mark Thomas to design and engineer the sidewalk improvements on SR162. In June of 2021, City Council approved Amendment No.1, a supplementary $330,742 for additional design work and assistance with right-of-way acquisition. In June of 2022, City Council approved Amendment No. 2, an additional $88,518 for extra topographic surveys, drainage facility design, and signal modifications. In November of 2022, City Council approved Amendment No. 3, an increase of $52,986 for additional design at the Olive Hwy and Lower Wyandotte intersection. Todate, the contract amount has a Not-to-Exceed limit of $1,052,246.00.

Mark Thomas has been providing tremendous construction/design support in responding to contractor requests for information and reviewing contractor submittals. There have been many challenges and changes to design during the course of construction including:
access to existing businesses, unforeseen field conditions, and third-party utility coordination.

Additionally, creating a final as-built package for project completion is needed for records moving forward. There are approximately 106 plan sheets to be reviewed and finalized.

The City has acquired the right-of-way needed for the project along the southerly right-ofway of SR 162. This additional right-of-way will become part of the SR 162 highway system 59 Item 5.

and will need to be transferred to the State. A Record of Survey, Record Map, and Rightof-Way Monuments are needed for this transfer.

Summary of project design budget and amendments:

Contract Cost
Original Contract $580,000a
Amendment No.1 – ROW additional design $330,742b
Amendment No. 2 – Design Modifications $88,518c
Amendment No. 3 – Design Mods $52,986 d
Amendment No. 4 – Const. Support, as-builts, record-ofsurvey (Pending) $163,148 Total Contract $1,215,394
City Funded Contract portion (Local Transportation Fund) $635,394

aCMAQ and ATP Grant Reimbursable

bApproved by City Council on 6/15/2021

cApproved by City Council on 6/21/2022

dApproved by City Council on 11/15/2022

FISCAL IMPACT
$163,148.00 from the Local Transportation Fund.

ACTION REQUESTED -
Staff recommend approving Amendment No. 4 for Mark Thomas to provide additional construction/design support, as-built drawings, and record-of-survey documents and monumentation.

ATTACHMENTS

1. Agreement No. 3296, Amendment No. 4

2. Scope of Work for Agreement No. 3296, Amendment No. 4

3. Fee Estimate for Agreement No. 3296, Amendment No. 4

4. Agreement No. 3296, including all Amendments to-date 60 Item 5.

Agreement No 3296
AMENDMENT TO PROJECT CONTRACT AGREEMENT NO. 3296

FOR PROJECT CONTRACT BETWEEN THE CITY OF OROVILLE
AND MARK THOMAS & COMPANY, INC.
(Amendment No. 4)
This Amendment dated _____________________, 2024, is to the Project Contract Agreement No. 3296 between the City of Oroville ("City") and Mark Thomas & Company, Inc. ("Contractor").

A copy of Contract Agreement No. 3296 is attached as Attachment C including all prior amendments.

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

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

2. The fee for additional project management, construction support, asbuilt preparation, and Record of Survey as outlined in Attachment A is $163,148.00.

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

CITY OF OROVILLE
___________________________
David Pittman, Mayor
ATTEST:
__________________________
Kayla Reaster, Assist. City Clerk
MARK THOMAS & COMPANY, INC.
______________________________
By:

APPROVED AS TO FORM:
_____________________________
Scott E. Huber, City Attorney
61 Item 5.

August 30, 2024
Mr. Fred Mayo
City of Oroville
Director of Public Works
1735 Montgomery Street
Oroville, CA 95965
62 Item 5.

August 30, 2024
Scope of Work
Task 1 - Project Management and Meetings
Project Management
•
•
•
•
Meetings
•
Task 2 - Respond to Request for Information (RFIs), Review Shop Drawings and Design Support for Design Changes
•
•
•
63 Item 5.

August 30, 2024
•
•
Task 3 - Prepare As-Built Plans
Task 4 - Record of Survey/Monumentation
•
64 Item 5.

August 30, 2024
•
•
•
monuments will
be
65 Item 5.

August 30, 2024
Fee
Sincerely,
Matt Brogan, PE Kenneth E. Doty, PE, QSD
Principal and Vice President Project Manager
66 Item 5.

Principal
Sr. Project ManagerTechnical LeadProject EngineerDesign Engineer IIDesign Engineer ISurvey ManagerProject SurveyorSr. SurveyorLead Survey TechnicianSr. Survey Technician2 Person Field CrewProject CoordinatorBennett Engineering $370 $270 $223 $170 $140 $125 $350 $210 $150 $145 $140 $375 $120

1.0 PROJECT MANAGEMENT

1.1 Project Management and Meetings 4 20 8 32 $7,840 500 $8,340 Subtotal Task 1 4 20 0 0 0 0 0 0 0 0 0 0 8 32 $7,840 $500 $8,340

2.0 CONSTRUCTION SUPPORT

2.1 RFIs/Submittals/Design Changes 40 72 72 96 280 $43,240 3,500 $46,740 Subtotal Task 2 0 0 40 72 72 96 0 0 0 0 0 0 0 280 $43,240 $3,500 $46,740

3.0 PREPARE AS BUILTS

3.1 Prepare As Builts 56 156 212 $31,988 3,000 $34,988
Subtotal Phase 3 0 0 56 0 0 156 0 0 0 0 0 0 0 212 $31,988 $3,000 $34,988

4.0 RECORD OF SURVEY/MONUMENTATION

4.1 Transfer Deeds (4 Deeds) 12 36 12 8 60 128 $23,120 $23,120

4.2 Record Map 4 20 4 36 64 $11,220 $11,220

4.3 Record of Survey 8 30 8 8 64 118 $20,420 $20,420

4.4 Right of Way Monumentation 2 16 4 32 8 62 $17,620 $17,620 Subtotal Phase 4 0 0 0 0 0 0 26 102 24 20 160 32 8 372 $72,380 $0 $72,380 TOTAL HOURS 4 20 96 72 72 252 26 102 24 20 160 32 16 896 OTHER DIRECT COSTS $700 $700
TOTAL COST $1,480 $5,400 $21,408 $12,240 $10,080 $31,500 $9,100 $21,420 $3,600 $2,900 $22,400 $12,000 $1,920 $156,148 $7,000 $163,148 COST PROPOSAL - SA-20105 - Oroville: SR 162 Bike/Ped Mobility & Safety - Construction Support (AM#4)

TOTAL COST
Subconsultants
Total
Hours
Total MT
Cost
8/30/2024
67 Item 5.

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered Into as of January 7, 2020, by and between the City of Oroville ("City") and Mark Thomas and Company, inc. ("Consultant").

RECITALS
A. The Consultant is licensed, trained, experienced and competent to provide design and construction documents for the Engineering Design of State Route 162 Pedestrian/Bicycle Disabled Mobility and Safety Improvement Project (Project) as required by this Agreement; and
B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

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

AGREEMENT

1. Scope of Services. The Consultant shall complete all services in a professional manner. Consultant shall complete the scope of services described in the Mark Thomas and Company proposal attached as Attachment "A" which is incorporated herein by reference.

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

68 Item 5.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fee budget set forth in Attachment "B," which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed the amount of $580,000 without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects in Consultant's services, even if such defects were known to the City at the time of payment.

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

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

6. Termination. This Agreement may be terminated by the City immediately

69 Item 5.
for cause or by either party without cause upon fifteen days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services properly performed up to the effective date of termination.

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

8. Licensing of Intellectual Prooertv. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in documents or works of authorship fixed in any tangible medium of expression, including but not limited to, data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents and Data").

Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant

Item 5.
represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which may be provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

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

Item 5.

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

Item 5.
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 Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to its

Item 5.
rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

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

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

15. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession.

Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are required by the City for its business.

16. Indemnitv. Consultant agrees to indemnify and hold harmless the City, its

74 Item 5.
officers, officials, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including reimbursement of reasonable costs and expenses in connection therein), arising from its negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising from the negligence or willful misconduct of the City, its officers, agents, employees or volunteers.

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

17. Insurance Requirements. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the Agreement, the insurance coverage and policies as set forth in Exhibit "10-R" attached hereto.

18. Notices. Any notice required to be given under this Agreement shall be in writing and either sen/ed 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 Oroviiie
1735 Montgomery Street
Oroviiie, CA 95965-4897

Item 5.

If to Consultant: Mark Thomas and Co
701 University Avenue
Suite 200
Sacramento, OA 95825
Attn: James Pangburn

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

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

21. Assignment and Subcontracting. The parties recognize that a substantial Inducement to City for entering Into this Agreement Is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express prior written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City. If City consents to such subcontract. Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing In this Agreement shall create any contractual relationship between City and subcontractor nor shall It create any obligation on the part of the City to pay or to see to the payment of any monies due to any such

Item 5.
subcontractor other than as othenwise required by law.

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

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

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

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

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

Item 5.
counterpart.

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

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

29. Eoual 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 nonPage 11 of 12 AGREEMENT NO. 3296 78 Item 5.
discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

CITY OF OROVILLE
Chuc^;;^%nolds, Mayor
By:

Zach Siviglia, Vice President, Mark
Thomas and Co.

APPROVED AS TO FORM:

Huber, City Attorney
ATTEST:

By:^^
Bill LaGrone, City M^istrator
Attachments: Exhibit A - Consultant Scope
Exhibit B - Fee Proposal
Exhibit 10-R - Caltrans Contract with Insurance Requirements

79 Item 5.

CITY OF OROVILLE

CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is made on January 7, 2020, between the City of Oroville ("the City"), and Mark Thomas and Company, Inc., ("Consultant").

WITNESSETH:

WHEREAS, the City proposes to design and construct the Oroville SR162 Pedestrian/Bicvclist/Disabled Mobility and Safety Tmnrovements.: and
WHEREAS, the Consultant has presented a proposal for such services to the City, dated on June 11,2019, (attached hereto and incorporated herein as Attachment "A" and "B") and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

ARTICLE I INTRODUCTION
A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the "CONSULTANT" is as follows: Mark Thomas and Company, Inc.

Incorporated in the State of California
The Project Manager for the "CONSULTANT" will be James Pangbum The name of the "LOCAL AGENCY" is as follows: City of Oroville.

The Contract Administrator for LOCAL AGENCY will be Bill LaGrone.

B. The work to be performed imder this contract is described in Article n entitled Statement of Work and the approved CONSULTANT'S Cost Proposal dated September 10, 2019. The approved CONSULTANT'S Cost Proposal is attached hereto (Attachment I) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this contract, this contract shall take precedence.

C. CONSULTANT agrees to indemnify and hold harmless LOCAL AGENCY, its officers, agents, and employees fi-om any and all claims, demands, costs, or liability arising from or connected with the services provided hereunder due to negligent acts, errors, or omissions of CONSULTANT. CONSULTANT will reimburse LOCAL AGENCY for any expenditure, including reasonable attorney fees, incurred by LOCAL AGENCY in defending against claims ultimately determined to be due to negligent acts, errors, or omissions of CONSULTANT.

D. CONSULTANT and the agents and employees of CONSULTANT, in the performance of this contract, shall act in an independent capacity and not as officers or employees or agents of LOCAL AGENCY.

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E. Without the written consent of LOCAL AGENCY, this contract is not assignable by CONSULTANT either in whole or in part.

F. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

G. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT'S expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE 11 STATEMENT OF WORK
A. The CONSULTANT shall complete the task list as referenced in the Consultant's scope of work, attached as "Exhibit A".

ARTICLE III CONSULTANT'S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B, consultant's Project Manager shall meet with LOCAL AGENCY'S Contract Administrator, as needed, to discuss progress on the contract.

ARTICLE IV PERFORMANCE PERIOD
A. This contract shall go into effect on December 17,2019 contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY'S Contract Administrator. The contract shall end on December 31, 2021, unless extended by contract amendment.

B. CONSULTANT is advised that any recommendation for contract award is not binding on LOCAL AGENCY until the contract is fully executed and approved by LOCAL AGENCY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this contract will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article II Statement of Work of this contract. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by LOCAL AGENCY.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination.

C. CONSULTANT shall not commence performance of work or services until this contract has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY'S Contract City of OroviUe, Contract 3296 Page 2 of 14
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Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract.

D. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60-calendar days after completion of CONSULTANT'S work. Invoices shall be mailed to LOCAL AGENCY'S Contract Administrator at the following address:

Bill LaGrone
City Administrator
City of Oroville
735 Montgomery St
Oroville, CA 95965
E. The total amount payable by LOCAL AGENCY shall not exceed $580.000.

F. All subcontracts in excess of $25,000 shall contain the above provisions.

ARTICLE VI TERMINATION
A. LOCAL AGENCY reserves the right to terminate this contract upon thirty (30) calendar days written notice to CONSULTANT with the reasons for termination stated in the notice.

B. LOCAL AGENCY may terminate this contract with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, LOCAL AGENCY may proceed with the work in any manner deemed proper by LOCAL AGENCY. If LOCAL AGENCY terminates this contract with CONSULTANT, LOCAL AGENCY shall pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination, unless the cost of completion to LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due CONSULTANT under this contract and the balance, if any, shall be paid to CONSULTANT upon demand.

C. The maximum amount for which the LOCAL AGENCY shall be liable if this contract is terminated is based upon the percentage of work completed at the time of completion.

ARTICLE Vn COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items.

B. CONSULTANT also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to LOCAL AGENCY.

D. All subcontracts in excess of $25,000 shall contain the above provisions.

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ARTICLE Vm RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and LOCAL AGENCY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract.

The state. State Auditor, LOCAL AGENCY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CONSULTANT and it's certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by LOCAL AGENCY'S Chief Financial Officer.

B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY'S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this contract.

D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 (3FR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT'S responsibility to ensure federal, state, or local government officials are allowed full access to the CPA's work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY contract manager to conform to the audit or review recommendations.

CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.

The provisional ICR will apply to this contract and all other contracts executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this contract or otherwise, shall create any contractual relation between LOCAL AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL AGENCY for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT'S obligation to pay its subconsultant(s) is an independent obligation from LOCAL AGENCY'S obligation to make payments to the CONSULTANT.

B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by City of Oroville, Contract 3296 Page 4 of 14
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LOCAL AGENCY'S Contract Administrator, except that, which is expressly identified in the approved Cost Proposal.

C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to CONSULTANT by LOCAL AGENCY.

D. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants.

E. Any substitution of subconsultant(s) must be approved in writing by LOCAL AGENCY'S Contract Administrator prior to the start of work by the subconsultant(s).

ARTICLE XI EQUIPMENT PURCHASE
A. Prior authorization in writing, by LOCAL AGENCY'S Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service or consulting work not covered in CONSULTANT'S Cost Proposal and exceeding $5,000 prior authorization by LOCAL AGENCY'S Contract Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.

C. Any equipment purchased as a result of this contract is subject to the following: "CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT'S expense, on the basis of a competent independeut appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.

D. All subcontracts in excess of $25,000 shall contain the above provisions.

ARTICLE Xn STATE PREVAILING WAGE RATES
A. CONSULTANT shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work.

B. Any subcontract entered into as a result of this contract, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations.

C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov.

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ARTICLE Xm CONFLICT OF INTEREST
A. CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project.

CONSULTANT shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing LOCAL AGENCY construction project, which will follow.

B. CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract.

C. CONSULTANT hereby certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise.

D. Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract.

E. Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBmON OF EXPENDING LOCAL AGENCY STATE OR FEDERAL FUNDS

FOR LOBBYING
A. CONSULTANT certifies to the best of his or her knowledge and belief that:

1. No state, federal or local agency appropriated funds have been paid, or will be paid by-or-on behalf of CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; CONSULTANT shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this City of Oroville, Contract 3296 Page 6 of 14
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transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

ARTICLE XVI STATEMENT OF COMPLIANCE
A. consultant's signature affixed herein, and dated, shall constitute a certification under penalty of peijury under the laws of the State of California that CONSULTANT has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.

B. During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including fflV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the Sapplicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full.

Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of Califomia shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

D. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment.

ARTICLE XVn DEBARMENT AND SUSPENSION CERTIFICATION
A. CONSULTANT'S signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of Califomia, that CONSULTANT has complied with Title 2 CFR, Part 180, "0MB Guidelines to Agencies on Government wide Debarment and Suspension (non-procurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any City of OroviUe, Contract 3296 Page 7 of 14
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matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to LOCAL AGENCY.

B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration.

ARTICLE XVm FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of fimds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contract were executed after that determination was made.

B. This contract is valid and enforceable only, if sufficient funds are made available to LOCAL AGENCY for the purpose of this contract. In addition, this contract is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this contract in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to void the contract under the 30-day termination clause pursuant to Article VI, or by mutual agreement to amend the contract to reflect any reduction of funds.

ARTICLE XIX CHANGE IN TERMS
A. This contract may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY'S Contract Administrator.

C. There shall be no change in CONSULTANT'S Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this contract without prior written approval by LOCAL AGENCY'S Contract Administrator.

ARTICLE XX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This contract is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal.

B. The goal for DBE participation for this contract is 18%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10- 01), or in the Consultant Contract DBE Information (Exhibit 10-02) attached hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.

CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assisted agreements. Failure by CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as LOCAL AGENCY deems appropriate.

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D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section.

E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting LOCAL AGENCY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f).

F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is canying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industiy practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors.

G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

I. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

J. Upon completion of the Contract, a summaiy of these records shall be prepared and submitted on the form entitled, "Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants" CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by CONSULTANT or CONSULTANT'S authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. TTie amount will be returned to CONSULTANT when a satisfactory "Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants" is submitted to the Contract Administrator.

K. If a DBE subconsultant is decertified during the life of the contract, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Contract, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY'S Contract Administrator within 30 days.

ARTICLE XXI CONTINGENT FEE
CONSULTANT warrants, by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the frll amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXn DISPUTES
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A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY'S Contract Administrator and City Manager, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this contract.

ARTICLE XXin INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the state, and the FHWA if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on a daily basis.

ARTICLE XXIV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Section 591 of the Vehicle Code, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11,12,13, 14, and 15 of the Vehicle Code.

CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

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

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

1. Insurance Services Office Commercial General Liability Coverage (occurrence form CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87) Coverage Automobile Liability, code 1 (any auto).

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

4. Errors and Omissions liability insurance appropriate to the consultant's profession.

Architects' and engineers' coverage is to be endorsed to include contractual liability.

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

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply City of Orovilie, Contract 3296 Page 10 of 14
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separately to this project/location or the general aggregate limit shall be twice the required occurrence limit

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

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

4. Errors and omissions liability: $1,000,000 per claim & $1,000,000 aggregate.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions exceeding $25,000 must be declared to and approved by the LOCAL AGENCY. At the option of the LOCAL AGENCY, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the LOCAL AGENCY, its officers, officials, employees and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the LOCAL AGENCY guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

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

2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance respects the LOCAL AGENCY, its officers, officials, employees and volimteers. Any insurance or self-insurance maintained by the LOCAL AGENCY, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the LOCAL AGENCY.

AcceptabUUy ofInsurers
Insurance is to be placed with insurers with a current A. M. Best's rating of no less than A:

Vn, unless otherwise acceptable to the LOCAL AGENCY.

Verification of Coverage
Consultant shall furnish the LOCAL AGENCY with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the LOCAL AGENCY or on other than the LOCAL AGENCY'S forms provided, those endorsements conform to LOCAL AGENCY requirements. All certificates and endorsements are to be received and approved by the LOCAL AGENCY before work commences. The LOCAL AGENCY on reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required.

ARTICLE XXVI OWNERSHIP OF DATA
A. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this contract will automatically be vested in LOCAL AGENCY; and no further agreement will be necessary to transfer ownership to LOCAL AGENCY.

CONSULTANT shall furnish LOCAL AGENCY all necessaiy copies of data needed to complete the review and approval process.

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B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this contract has been entered into.

C. CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by LOCAL AGENCY of the machine-readable information and data provided by CONSULTANT under this contract; further, CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by LOCAL AGENCY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by CONSULTANT.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVn CLAIMS FILED BY LOCAL AGENCY'S CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY'S construction contractor relating to work performed by CONSULTANT'S personnel, and additional information or assistance from CONSULTANT'S personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. consultant's personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT'S personnel services under this contract.

C. Services of CONSULTANT'S personnel in connection with LOCAL AGENCY'S construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this contract in order to resolve the construction claims.

D. All subcontracts in excess of $25,000 shall contain the above provisions.

ARTICLE XXVra CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY'S operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this contract, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the contract, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the contract or LOCAL AGENCY'S actions on the same, except to LOCAL AGENCY'S staff, CONSULTANT'S own personnel City of Oroville, Contract 3296 Page 12 of 14
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involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY'S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity other than LOCAL AGENCY.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under penalty of peijuiy that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT'S failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT'S performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the contract record.

ARTICLE XXXI RETENTION OF FUNDS
A. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section.

B. No retainage will be withheld by the Agency from progress payments due the prime consultant. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultants and subconsultants.

ARTICLE XXXn NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this contract and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT: Zach Siviglia
Mark Thomas
701 University Ave #200
Sacramento, CA 95825
LOCAL AGENCY: Bill LaGrone
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City of Oroville
735 Montgomery St
Orovilie, CA 95965

ARTICLE XXXIII CONTRACT
The two parties to this contract, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this contract constitutes the entire agreement which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this contract as evidenced by the signatures below. [SIGNATURES ON NEXT PAGE]

ARTICLE XXXIV SIGNATURES
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year firet above written.

CITY OF OROVILLE
Bill LaGroM
City Administrator

CONSULTANT NAME
Zach Siviglia,
Vice President
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SR 162 PEDESTRIAN/BICYCLIST/DISABLED
! Attachment A mobility and safety
IMPROVEMENTS PROJECT , ^ p

SCOPE OF WORK
Mark Thomas wil! follow the scope of work below for the Oroville SR 162 Pedestrian/Bicyclist/Disabled Mobility and Safety Improvements in the City of Oroville (City). In the performance of this scope of services, Mark Thomas will diligently perform this scope of work and will be responsible for items of work under this contract to the extent that issues arising from the performance of these services are within our reasonable control, and the Mark Thomas' obligation to indemnify and defend are limited to the extent actually caused by Mark Thomas in the performance of this scope of work. Mark Thomas will provide contract documents (final) design services needed to perform the tasks noted below. All reports and/or studies, renderings and exhibits, plans and specifications, calculations, etc. developed by Mark Thomas will at a minimum comply with Caltrans and the City of Oroville standards. Electronic file deliverables will be in PDF (Portable Document Format), Microsoft (MS) Word, Microsoft (MS) Excel, and/or CAD (Autodesk AutoCAD Civil 3D 2018 format).

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

Task 1.2. Meetings
We will hold Project Development Team (PDT) meetings with subconsultants, City and Caltrans District 3 staff to ensure mutual understanding of the intended purposes, objectives, milestones and deliverables of the project.

Mark Thomas will distribute a master Critical Path Method (CPM) schedule as a draft for review by the PDT. The draft CPM schedule will then be updated using comments received from the PDT. The CPM schedule will be updated at major project milestones and will be prepared using Microsoft Project software.

Meetings will generally be held centered on or near key project milestones. Mark Thomas will take the lead in conducting the meetings including preparation and distribution of the meeting agenda, arrangement of attendance of meeting participants, and preparation and distribution of meeting minutes, including the recap of actions to be taken prior to the next meeting. This scope assumes a PDT meeting once per month until the project is completed for a total of 12 PDT meetings. CPA will hold one (1) Kick-off meeting face to face followed by four (4) conference call meetings by phone.

Task 1.3. Quality Assurance/QualityControl
The Mark Thomas Quality Control plan consists of established procedures for performing the work (which are reassessed with each project), including methods for design calculations, establishing appropriate levels of design development for intermediate submittals, identification of regularly scheduled plan reviews, design checklists, and methods of project documentation. Specific methods for QA/QC will include:
• The Mark Thomas Quality Assurance Manager will perform an independent review of the project plans, estimates, and reports at each submittal for consistency, constructability, and accuracy. • Design Technicians will use a "review stamp" for each round of changes which will track who commented on the plans, who checked the drafting, and when the final product was reviewed again by the design engineer.

Mark Thomas will implement and maintain these quality control procedures during the preparation of plans and documents throughout the project.
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TASK 1 DELIVERABLES:-
• Meeting Agendas and Minutes (12 Meetings)
• Monthly Status Reports
• CRM Master Schedule, Updated Monthly
TASK 2. TOPOGRAPHIC SURVEY AND MAPPING
Task 2.1. Control Surveys
Project control will be based on the California State Plane Coordinate system (CCS83), Zone 2, and vertically based on NAVD88. Horizontal values will be derived from static GPS observations to local NGS stations. Vertical values will be established by differential level run along Oro Dam Boulevard and Olive Highway based on NGS vertical benchmarks, unless other project control and datum is provided. It is assumed set project control will not be required to go through Caltrans review.

Task 2.2. Record Level Right of Way Mapping
Record research will be performed to locate recorded maps including, right of way maps, records of survey, corner records, and other official maps of record necessary to determine the right of way within the project area (approximately 3.6 miles). Right of way Lines as shown on record maps in the area will be plotted. The location of the right of way lines will be based solely on record mapping and a best fit of the line work based on the topographic data and/or monumentation found during the topographic survey. Time is not included to find physical evidence necessary to resolve the parcel lines. No Title reports or plotting of easements is included in this scope of work.

Task 2.3. Supplemental Topographic Surveys
Mark Thomas will conduct topographic surveys to supplement existing topographic data provided by Ben-en and conducted by Unico. Mark Thomas will verify the provided topographic survey by collecting a sample of spot shots within the provided topographic area but assumes the topographic data provided is accurate and suitable for design and takes no liability for errors or inaccuracies in the provided topo data. If any conflicts are discovered, the design team will be notified, and a path forward will be discussed, Mark Thomas will use existing provided datum and project control.

Supplemental topographic survey will be conducted along Oro Dam Blvd. (Hwy 162) between Hwy 70 southbound ramps and Feather River Blvd. also along Olive Hwy between Lower Wyandotte Rd. and Foothill Blvd. including approximately 430 LF along Lower Wyandotte Rd., and approximately 100 LF along Lincoln St. in the City of Oroville, California.

Topographic surveys will be performed using a combination of standard cross-sectioning techniques, intermediate survey ties, break lines and spot elevations using conventional total station methods, GPS and terrestrial scanning within the project limits to generate a digital terrain model (DTM).

Surveys will be conducted in areas described above designated as the following design improvements:
• 10' Multi-use Pathway (Approx. 760 LF)
• Sidewalk Gap Closure (Approx. 3750 LF)
Surveys will be limited to existing fence line or approximate right of way, and edge of traveled way. Data collected will include back of walk, curb and gutter, edge of pavement, edge of traveled way, above ground surface visible utilities. No underground facility locating is included for this scope of work. No crown of road is included in this scope. Up to one additional shot per cross section will be collected within the roadway to produce roadway cross slopes.
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PROPOSAL MOBILITY AND SAFETY
IMPROVEMENTS PROJECT ^ ^
Task 2.4. Orthoimagery
Mark Thomas will coordinate with subconsultant Quantum Spatial (QSI) to establish flight control for Digital Orthophotography. QSI will adjust flight parameters to collect imagery with a native pixel size (ground sample distance) to meet 3" (7.5 cm) pixel resolution. Overall flight tolerances will be set to industry standards to support engineering accuracies and orthophotography specifications for design, utilizing the most nadir portion of each image to minimize lean effects inherent with photography. Photos will be collected during peak sun angles for the day (sun angle of s 30°), under clear conditions with no clouds or cloud shadows. Images will be clipped to the approximately 300 feet past the existing edge of pavement (both sides of road) within the project limits. It is assumed set flight markers will not be required to go through Caltrans review.

Task 2.5. Utility Mapping
Mark Thomas will perform research at the City, County, State, utility companies and other agencies to obtain as-builts and record maps of the project limits. This includes preparation and mailing of the Utility "A" letter upon City approval. Mark Thomas will obtain utility mapping from utility companies and develop a utility base map. A Utility Matrix will be created to track discussions and data received from utility agencies.

Mark Thomas, with City staff, will perform a walking audit prior to concept development and 30% plans to identify anticipated ADA upgrades at intersections and driveways along the corridor. This effort will define the limits of ADA improvements to be included in the final design plans, TASK 2 DELIVERABLES:
• AutoCAD C3D file with planimetric and DTM
• Topographic Survey point file in ASCII (PNEZD) format • AutoCAD C3D file with Right of Way lines
• 4-band Color Orthophotos, tiled, TIF/TFW format fixed to CCS83, Zone2. • Utility Base Mapping
TASK 3. ENVIRONMENTAL STUDIES AND DOCUMENTATION
Task 3.1. Preliminary Environmental Study (RES)
At project initiation, CPA will work closely with the design team and the City to define a project description and delineate a project study area sufficient to support the completion of the Preliminary Environmental Study (PES) form. The project description will identify the project purpose and need, project objectives, project components, project location, and timing of the project. CPA will perform a review of available information to ensure that all pertinent information related to the existing site is considered.

Once all the necessary information is gathered and reviewed, CPA will prepare a PES Form and provide it to the City for their submittal to Caltrans. It is anticipated that Caltrans will require a field review of the project site during the PES process, which CPA will attend.

Task 3.2. NEPA Technical Studies
The following technical studies are anticipated to be required from Caltrans through the NEPA process. If Caltrans identifies the need for preparation of additional technical studies as part of the PES and/or Caltrans review process, CPA will complete these studies under a separate scope of work.

Task 3.2.1. Visual Impact Assessment Technical Memorandum 96 Item 5.

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GPA assumes that the project will have negligible impacts on visual resources and that a Visual Impact Assessment CVIA) Technical Memorandum wItt be the appropriate tevel of documentation to supportrthe NtEPA " analysis. The VIA Memo will be prepared in accordance with the Caltrans SEP. The memo will describe the existing visual setting and analyze visual impacts resulting from the project. GPA will summarize the results of the analysis in a technical memorandum that will outline the existing setting, project impacts, and recommended minimization measures, if necessary. GPA assumes that visual simulations will not be required for the project. 97 Item 5.

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Task 3.2.2. Temporary Occupancy Memo (Section 4f)
As the project includes the addition of a bicycle path to connect to and existing path, if required by Caltrans, a Section 4(f) Temporary Occupancy Technical Memorandums (for signature by the Parks Department, or whichever local agency maintains the bike path) would be required in order to document that the project would not adversely affect the existing bike path. GPA will draft the required notification for the Parks Department as well as a template letter for signature. Caltrans District 3 will contact the Parks Department in order to obtain concurrence.

Task 3.2.3. Initial Site Assessment
Crawford & Associates, Inc. (CAInc) will provide an Initial Site Assessment (ISA) to evaluate the project corridor and adjacent properties for evidence of recognized environmental conditions (RECs) and/or potential RECs that may significantly impact the project. Crawford & Associates will coordinate and obtain the following permits necessary to complete our field work: City Encroachment Permit. We assume that the City of Oroville will waive their encroachment permit fee.

Task 3.2.4. Location Hydraulic Study Form and Summary Fioodplain Encroachment Report Preliminary research has identified that a portion of the project (i.e., the bicycle path connection) would be located within a 100-year flood zone and is also within a Central Valley Flood Protection Board "Designated Floodway". Because of this, it is anticipated that a Location Hydraulic Study (LHS) and Summary Fioodplain Encroachment Report (SFER) would be required for the project. As part of the GPA Team, Avila and Associates will provide services to complete an LHS and SFER for the proposed project in accordance with 23 CFR 650.113.

The GPA team will transmit the draft reports to Caltrans on behalf of the City, respond to one round of Caltrans comments, and coordinate with Caltrans to obtain Caltrans approval and signatures on the final reports.

Task 3.3. Notice of Exemption/Categorical Exemption
it is assumed that the project would qualify as categorically exempt from CEQA under either CEQA Guidelines Section 15301; Existing Facilities or Section 15304 Minor Alterations to Land. GPA will prepare a Notice of Exemption (NOE) for the City's use in documenting the categorical exemption after project approval. The NOE will include all elements as required pursuant to CEQA Guidelines Section 15062 and will include supporting documentation demonstrating the project's compliance with the requirements of a CEQA CE. GPA assumes that City will file the NOE with the Butte County Clerk's Office and pay applicable fees. GPA will file the NOE with the California State Clearinghouse.

TASK 3 DELIVERABLES:
• One (1) electronic copy and two (2) hard copies of the PES. • One electronic copy and up to one hard copy will be provided of the Visual Impact Assessment Technical Memorandum.
• One electronic copy and one hard copy of the Section 4(f) Temporary Occupancy Technical Memorandum • Draft and Final Initial Site Assessment (ISA)
• One (1) electronic copy and two (2) hard copies of the LHS and SFER • One (1) electronic copy of the Notice of Exemption and supporting documentation for City's use in filing with the Butte County Clerk's Office. One (1) electronic copy of the Notice of Exemption filed with the California State Clearinghouse.
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TASK 4. PUBLIC AND STAKEHOLDEROUTREACH
Mark Thomas and AIM will assist the City with the public outreach associated with the project.

Task 4.1. Stakeholder Database and Outreach Management
AIM will provide strategic advice and counsel, review study materials and reports, and monitor team communications. In addition, AIM will attend a project kick-off meeting in person and up to four regular Project Design Team (PDT) meetings by phone. AIM will develop and maintain a stakeholder database throughout the project's duration. This database will include stakeholder name, contact information as well as the preferred method of contact and potential key concerns and/or areas of study interest. AIM will work with the City and other consultants on the team to further identify key stakeholders.

Task 4.2. Public Workshops (2)
AIM will facilitate, plan, and coordinate two public workshops throughout the project's duration. AIM will secure the workshop venues, which will be located in and near the project area, develop a run of show for the workshops, and provide all workshop supplies. In coordination with the City and design team, AIM will design and develop informational materials to present and obtain input on proposed active transportation improvements.

These materials may include but are not limited to board displays, fact sheets, comment cards, and sign-in sheets.

Attendees will be asked to sign in and provide their contact information and will be added to the notification distribution list. AIM will record all comments and questions from the workshop and take photographs. AIM will then provide the City and project team with a comprehensive summary of the workshops.

AIM will develop and implement a comprehensive notification plan to ensure each public workshop is welladvertised by partnering with key stakeholders including local schools and businesses. AIM will also coordinate with the City and their existing communication channels to disseminate information and ensure that the community is informed throughout the study's duration. AIM will design and develop notification materials which may include but are not limited to electronic flyers and posters, social media content, and webpage updates.

Task 4.3. Property Owner Coordination Meetings
AIM will plan and coordinate up to six C63 focus group meetings with adjacent property owners nearby the project area. The focus group meetings will take place early on in the project process and provide an opportunity for the City and design team to introduce the project and discuss access points, driveway locations, and potential opportunities and challenges as they relate to proposed active transportation improvements in the area. AIM plans to schedule the focus group meetings over the course of several days.

AIM will schedule and coordinate the meeting venues, which will be located in and near the project area and provide a meeting supplies checklist for the City to use. In coordination with the City and project team, AIM will design and develop an agenda, facilitation plan, and informational project fact sheet for the City to use at the meetings. The City and Mark Thomas will be responsible for attending and facilitating the meetings, as well as providing all printed materials, equipment, and supplies.

Task 4.4. City Council Presentations
Mark Thomas, along with the City of Oroville, will coordinate and prepare a presentation to the City Council.

This task includes time to prepare presentation and any visual aids needed for meeting.

TASK 5. UTILITY COORDINATION
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PROPOSAL
SR 162 PEDESTRIAN/BICYCLfST/DISABLEO

MOBILITY AND SAFETY

IMPROVEMENTS PROJECT
Task 5.1. Prepare Conflict Mapping
Mark Thomas will build on the coordination performed in Task 2.3, which includes:
• Utility "B" Letter - Maps showing the utility mapping and the proposed improvements will be sent to the utility companies for verification.
• Utility "C" Letter - Final plans along with a letter will be sent to the utilitycompanies showing the existing utilities and the final design.
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Item 5.

SR 162 PEDESTRIAN/8ICYCLIST/DISABLE0 MOBILITY
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Task 5.2. Utility CoordinationMeetings
Based on utility conflict mapping, Mark Thomas will coordinate meetings with utility owners to determine the correct conflict resolution. Utilities along the corridor consist of overhead joint utility poles, underground gas, water, and storm drains. We will work with the utility owner to determine liability and time frame on relocations.

Task 5.3. Prepare Caltrans LAPM Utility Certification Documentation In order for the City to obtain their right of way certification for their E76, they must complete the Caltrans LAPM Utility Coordination Process, and all forms associated with it. Mark Thomas wilt complete the Notice to Owner, Report of Investigation, and any Utility Agreements needed for all utilities within the limits of the project corridor. Mark Thomas will coordinate this utility package with Caltrans and ensure that everything is included that is needed to receive a signed right of way certification before bidding.

TASK 5 DELIVERABLES:
• Utility "B" Letters
• Utility "C" Letters
• Notice to Owner C14-D)
• Report of Investigation (14-E)
• Utility Agreements (14-F), if required for any relocations TASK 6. PLANS,SPECIFICATIONS AND ESTIMATE
Task 6.1. Preliminary Design
We will prepare preliminary (30%) concept plans for the Project based on Caltrans and City standards and guidelines. The concept plans will include review of design features (such as lane widths, bike lane locations, buffer widths, sidewalk gap closures, mid-block crossing treatments, intersection modifications, and preferred trail alignments) and will be shared with the City for feedback. Refinements will be made during the PS&E task.

Plan sheets will be prepared at T'=40'.'
Task 6.1.1 Storm Water Data Report
Mark Thomas will prepare a Storm Water Data Report summarizing the Project impacts to water quality, general minimization measures, and recommended best management practices (BMPs), The report will address only the impacts from the roadway improvements, and will utilize current Caltrans standard checklists.

Task 6.1.2 Roadway Drainage Memo
Mark Thomas will prepare a Roadway Drainage Memo that will summarize the findings from the Storm Water Data Report and provide recommended drainage inlet spacing and spreadwidth calcs for the Project.

TASK 6 DELIVERABLES:
• 30% Concept Plans
• Storm Water Data Report
• Roadway Drainage Memo
Task 6.2. 65% PS&E
Mark Thomas team will build upon the 30% plans and prepare draft construction documents for the Project using Caltrans and City standards and guidelines. The PS&E package will be submitted to the City for review. The plans will include the following sheets:
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SR 162 PEDESTRIAN/BICYCLtST/DlSABLED

MOBILITY AND SAFETY

IMPROVEMENTS PROJECT

DESCRIPTION SCALE SHEET COUNT
Title Sheet n/a 1
Typical Cross Sections n/a 2
Key Map and Control n/a 1
Project Control n/a 1
Layouts 1"=40' 13
Temporary Water Pollution Control 1"^40' 13
Construction Details Varies 4
Drainage and Utility Plans r'=40' 13
Drainage and Utility Profiles V'MO' 4
Drainage and Utility Details Varies 4
Traffic Handling Plans VMO' 13
Traffic Handling Quantities n/a 1
Signing and Striping Plans 1"=40' 13
Signing and Striping Quantities n/a 1
Summary of Quantities n/a 1
Electrical Plans, Quantities and Details Varies 8
Total Roadway Sheets 93
Task 6.3. 95% PS&E
Following the 65% PS&E submittal, the Mark Thomas team will revise the plans based on comments from the City and Caltrans. Mark Thomas will prepare the contract documents using the City's standard boilerplate. This task will include the effort needed to obtain final design approval and produce the final construction documents.

Task 6.4.100% PS&E
Following the 95% PS&E submittal, the Mark Thomas team will revise the plans based on comments from the City and Caltrans, Final plans, specifications, and estimate will be produced for bidding purposes.

Task 6.5. Request for Authorization Package
Mark Thomas will prepare/complete Caltrans local assistance procedure form 3-D, Request for Authorization to Proceed with Construction. Additional local assistance forms required as a part of form 3-D will also be completed and combined for the project to create the RFA Package to submit to Caltrans. The City will assist Mark Thomas in providing information needed to complete the forms.

TASK 6 DELIVERABLES:
• Preliminary Concept Plans (30%) - Full Size PDF's or Hard Copies as Needed • Plans (65%, 95%, 100% Submittals) - Full Size PDF's or Hard Copies as Needed • Special Provisions (95% and 100%) - MS Word
• Construction Cost Estimate (60%, 95%, and 100%) - MS Excel • Request for Authorization for Construction Package (all required forms) 102
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TASK 7. PERMITTING
Task 7.1. Permits to Enter and Construct
It is anticipated that Permits to Enter and Construct (PTE's) will be required along the project corridor. From previous project experience, sidewalk gap closures usually require driveway reconstruction in order to tie into adjacent properties. Mark Thomas will require PTE's to enter parcels outside the right of way in order to construct new project improvements. Mark Thomas will support the City in acquiring signed PTE's by providing exhibits and letters for the City to send.

Task 7.2. Caltrans Encroachment Permit(PEER)
Mark Thomas will prepare a PEER document for project approval of the improvements along the SR 162 corridor.

It is assumed that one (1) round of plan review will be needed to have the PEER document approved.

Task 7.3. CPUC Coordination
The SR 162 corridor has a grade separated crossing with Union Pacific Rail Road (UPRR) between Veatch Street and Lincoln Street, where SR 162 crosses underneath the rail line. Any modifications do the existing lane widths and striping (including adding bike lanes) will require coordination with the California Public Utilities Commission (CPUC) and UPRR. Modifications will require an approval using the GO 88-B Request Form. Mark Thomas will create exhibits and coordinate with CPUC and UPRR on the project and will obtain a signed Request Form for the crossing modifications.

Task 7.4. CVFPB Encroachment Permit
According to information provided by the CVFPB and its staff, the Feather River is a Designated Floodway (DF) that has been adopted by the CVFPB, without a federal levee. Encroachments within 300 feet of a DF require a CVFPB Encroachment Permit. Construction of bicycle/pedestrian trails from SR 162 to existing trails in Riverbend Park may require a CVFPB Encroachment Permit. To support acquisition of an Encroachment Permit, CPA will an application package for submittal to CVFPB, which would include:
• 3615 Form - Application for a Central Valley Flood Protection Board Encroachment Permit; • 3615a Form - Environmental Assessment Questionnaire for Applications for Central Valley Flood Protection Board Encroachment Permits;
• Regional and Vicinity Maps;
• Photos of project site;
• CEQA documentation.

Following submittal of the Application Package, CPA will coordinate with CVFPB to respond to questions and support their issuance of the Encroachment Permit. It is anticipated that issuance of the Encroachment Permit would take up to one year from the time that the Application Package was submitted to CVFPB.

TASK/DELIVERABLES:
• Property Impact Exhibits/Signed Permit to Enter and Construct • GO-88B Application
• Caltrans Encroachment Permit (PEER Process)
• CVFPB Encroachment Permit Application
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TASK 8. BIDDING AND CONSTRUCTION ASSISTANCE
Task 8.1. Bidding Assistance
We will provide assistance to the City during the bidding process of the project. Work may include answering bid inquiries from prospective bidders, attending pre-bid meetings, and preparing addenda to the PS&E documents during the advertisement period. Mark Thomas has provided a "budget" amount to be used on a time and materials basis as requested by the City. Any time spent beyond this budget will require a contract amendment.

Task 8.2. Construction Assistance
We will provide assistance to the City during construction of the project. The work may include responding to Requests for Information (RFIs) by the contractor, providing consultation and interpretation of the contract documents, preparing Contract Change Orders (CCDs), reviewing shop drawings, and attending construction meetings and field visits. Mark Thomas has provided a "budget" amount to be used on a time and materials basis as requested by the City. Any time spent beyond this budget will require a contract amendment.

Task 8.3. As-Built Drawings
Upon completion of construction and during project closeout, Mark Thomas will prepare record drawings from a redlined set (provided by the City) documenting revisions to the final conformed bid set for City records.

TASK 8 DELIVERABLES:
• Record Drawings (As-Builts) in Electronic Format

OPTIONAL TASKS
Optional Task 6.2.1 Signal Modification at SR 162/Feather River Blvd Y&C will obtain electronic base plans and as-built signal plan for the Oro Dam Blvd (SR 162)/Feather River Blvd intersection from Mark Thomas and verify them in the field. Based on the obtained information, Y&C will prepare 65%, 95%, and 100% traffic signal modification plans, specifications, and cost estimates (PS&E) for the SR 162/Feather River Blvd intersection, which will reflect widening on the southwest corner to add an eastbound RT lane.

Optional Task 6.2.2 Signal Modifications for Upgrading Detection Loops, APS's, and Push Buttons
Y&C will obtain electronic base plans and as-built signal plan for the following intersection from Mark Thomas and verify them in the field:

SR 70 SB Off-ramp/SR 162 (Oro Dam Road)
SR 70 NB Off-ramp/SR 162
SR 162/5'^ Street
SR 162/Veatch Street
SR 162/Lincoln Street
SR 162/Meyer Street
SR 162/Washington Ave-Olive Hwy
Oro Dam Rod/Oroville Quincy Hwy
Olive Hwy (SR 162)/Medical Center Drive
Olive Hwy/Lower Wyandotte Rd
mmmmmmm
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• Olive Hwy/Foothill Blvd

PROPOSAL
Based on the obtained information, Y&C will prepare 65%, 95%, and 100% traffic signal modification plans, specifications, and cost estimates (P5&E) for these intersections. The signal modifications will include installation of Type D detector loops for bike lanes and vehicle lanes to pick up bike detection (or using video detection system if approved by Caltrans), upgrade pedestrian pushbutton assembles (PBA) to accessible pedestrian signals (APS), upgrade pedestrian signal heads to "count-down" type, and re-install PBA posts/conduits/pull boxes due to construction of curb ramps. It is assumed that all existing major mastarm signal poles will remain.
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MOBILITY AND SAFETY

IMPROVEMENTS PROJECT

ASSUMPTIONS AND EXCLUSIONS
• PTE'S Wil l be letters only. Mark Thomas will not negotiate or discussion compensation. • Potholing may be required to install new drainage facilities for the project. It is assumed that Mark Thomas can prepare utility base mapping and determine the need for potholing at a later date. • As-builts will be provided by City/Caltrans.
• PEER Project Approval. A Project Report is not assumed at this time. • No SWPPP/SMARTS Support needed from Mark Thomas
• Design Files for BTA Project Provided by City.
• The City will be responsible for securing the workshop venues, including obtaining insurancecertificates. • The City will responsible for printing and distributing all notification materials such as fliers and posters, as well as posting social media updates to the City's existing communication channels. • No hydraulic modeling will be completed as part of the proposed project. • No insurable structures will be impacted by the proposed project. • Assume that the project will not cause a significant encroachment into the floodplain or a change in the water surface elevation. No FEMA coordination, or Conditional Letter of Map Revision (CLOMR) will be required.
• No Central Valley Flood Protection Board (CVFPB) coordination will be required. • Avila will complete and sign the forms for items 3, 4, 5,7 and 9 of the Location Hydraulic Study Report.

Others will sign 1, 2, 6 and 8.
• The project area is outside of a federal levee and authorization from U.S. Army Corps of Engineers 408 Division would not be required. The Encroachment Permit would be processed and approved under CVFPB's Executive Officer Delegation and would not require full Board hearing and approval. Hydrology and Hydraulic Analysis would not be required. If a Local Maintaining Agency (LMA) has jurisdiction over the project site, the LMA would endorse the encroachment without conditions.
• Phase 2 ADL testing is not included in this scope. This item will be revisited upon completion of the ISA. • No title reports will be required.
• No traffic control required for topographic surveys.
• No boundary resolution is included with this scope
V,////. '///'//.
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August 27, 2021
James Pangburn, PE
Mark Thomas & Company, Inc.
701 University Avenue, Suite 200
Sacramento, CA 95825
Subject: Oroville SR 162 Pedestrian/Bicyclist/Disabled Mobility and Safety Improvements (Federal Project ATPCML-5142 (036), Contract A-3284) – Amendment Notification Dear Mr. Pangburn:

The amendment was approved at the June 15, 2021 City Council Meeting.

The contract not to exceed fee has increased by $330,742 to $910,742.

Amended Project Budget by Task.

Task Original Budget Amended Budget

1.0 Project Management $56,709 $72,321

2.0 Topographic Survey $56,404 $56,404

3.0 Environmental Studies $30,085 $57,931

4.0 Public & Stakeholder Outreach $66,519 $66,519

5.0 Utility Coordination $25,280 $25,280

6.0 Plans, Specifications, & Estimate $259,638 $384,264

7.0 Permitting & ROW (added) $39,210 $178,606

8.0 Bidding & Construction Assistance $22,762 $22,762
ODC’s $23,393 $46,655
TOTAL $580,000 $910,742
Please provide an updated project schedule including the new tasks and the extension of previously scoped tasks.

Sincerely,
Mike Massaro, PE
Project Manager
Attached: City Council Minutes, Amendment Scope of Work, Amendment Cost Detail Copy: File; Matt Thompson, PE - Acting City Engineer; Dawn Nevers, Assistant Community Development Director Amendment No. 1
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PROJECT UNDERSTANDING
This scope of work has been prepared to cover additional work activities not covered by the original contract. The additional activities are generally centered around environmental and right of way requirements that were not envisioned in the Request for Proposals (RFP).

Environmental – The original scope of work assumed preparation of a Visual Impact Technical Memorandum, Temporary Occupancy Memo (Section 4F), Initial Site Assessment, and Location Hydraulic Study. These NEPA technical studies were included on the Preliminary Environmental Study (PES) form and submitted to Caltrans for approval.

After reviewing the project and proposed technical studies, Caltrans is requiring additional technical studies to support the NEPA clearance. The additional studies include a Construction Noise Technical Memorandum, Construction Air Quality Memorandum, Water Quality Memorandum, and a Community Impact Assessment Memorandum, and Historical Records search requested by Caltrans for the CR Screened Undertaking. The Visual Impact Technical Memorandum is no longer required.

As discussed in further detail below, the project will also require right of way acquisitions, resulting in the need for a Community Impact Assessment. This scope of this study needs to be confirmed with Caltrans.

Right of Way – The SR 162 Corridor Plan assumed no right of way would be required for the project, and this assumption was carried forward to the ATP application and the RFP for design services. Based on evidence in the field, including long stretches of previously constructed sidewalk, assuming no right of way was justified for planning purposes. Readily available right of way record information such as GIS data transferred from Assessor Parcel Information is not always accurate, nor will it provide the necessary detail to determine right of way needs at the early project stages.

Mark Thomas reconciled the highway right of way using records of survey provided by Caltrans and Butte County and tied out monumentation to accurately reflect the existing right of way conditions. With the record right of way delineated, Mark Thomas observed “jogs” in the existing right of way where the existing sidewalks end. Using 30% level design drawings, the potentially impacted parcels were identified, and Preliminary Title Reports (PTR’s) were requested from the City. The PTR’s were reviewed to determine if there were pre-existing easements (roadway, pedestrian, utility, etc) on these parcels that would provide the necessary rights to construct the project without additional acquisitions.

After a detailed review of the PTR’s it was determined that additional right of way would be required on 15 parcels along the corridor. This scope of work includes the required activities to acquire these parcels in accordance with Caltrans Local Assistance guidelines.

Additional Design – The original contract scope of work was based on the figures included in the RFP, which showed existing sidewalk along the south side of SR 162 from 7th Street to 5th Street. This segment needs to be included to close all the sidewalk gaps within the project limits. This scope includes additional labor to design this additional segment and perform the necessary topographic surveys.

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

Task 1.2. Supplemental Meetings
We will hold Project Development Team (PDT) meetings with subconsultants, City and Caltrans District 3 staff to ensure mutual understanding of the intended purposes, objectives, milestones and deliverables of the project.

Meetings will generally be held centered on or near key project milestones. Mark Thomas will take the lead in conducting the meetings including preparation and distribution of the meeting agenda, arrangement of attendance of meeting participants, and preparation and distribution of meeting minutes, including the recap of actions to be taken prior to the next meeting. This scope assumes two (4) additional PDT meetings to coordinate the scope items listed below. The CPM project schedule will be updated to include the additional scope items below.

TASK 1 DELIVERABLES
 Meeting Agendas and Minutes (4 Meetings)
 Updated CPM Master Schedule
TASK 2. NEPA TECHNICAL STUDIES
California Department of Transportation (Caltrans) completed its Preliminary Environmental Study Form for the City or Oroville (City) State Route (SR) 162 Pedestrian/Bicycle Disabled Mobility and Safety Improvements Project (EA 4H360) (“project”), approved July 29, 2020. Amendment 1 adds the following tasks to GPA’s Subcontract with Mark Thomas for this project (GPA Project No. 00349). In addition, the Visual Impact Assessment Technical Memorandum (Original Contract Task 3.2.1) is no longer needed for the project. No work has been completed on Task 3.2.1 and the budget for Task 3.2.1 will be reallocated to the below tasks.

Task 2.1. Construction Noise Technical Memorandum
GPA’s Subconsultant, AMBIENT Air Quality & Noise Consulting [AMBIENT], will prepare a construction noise memorandum for the project. Existing noise conditions and applicable regulatory framework will be summarized and included in the report. Relevant background information, including noise fundamentals, descriptors, and applicable regulatory framework, will be summarized and included in the report. Ambient noise measurement surveys are not anticipated to be required and are not included.
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To assess potential construction noise impacts, sensitive land uses and their relative exposure to the proposed project area (considering topographic barriers and distance) will be identified. Noise levels of specific construction equipment will be summarized in included in the report. Predicted construction-generated noise levels at nearby land uses will be calculated using the Federal Highway Administration’s (FHWA) Roadway Construction Noise Model. The analysis of longterm operational noise impacts is not anticipated to be required and is not included.

Measures for the control of construction noise levels will be discussed, to the extent necessary. This discussion will address Caltrans-recommended control practices, as well as applicable local noise ordinance requirements.

Task 2.2. Construction Air Quality Memorandum
GPA’s Subconsultant, AMBIENT, will prepare a construction air quality memorandum for the project. Existing air quality conditions and applicable regulatory framework will be summarized and included in the report.

Short-term construction emissions of criteria air pollutants and greenhouse gas emissions will be quantified using the Sacramento Metropolitan Air Quality Management District’s Road Construction Emissions Model. Emissions modeling will be conducted based on project-specific construction information and schedules, to be provided. The analysis of localized pollutant concentrations and long-term operational air quality impacts is not anticipated to be required and is not included.

Measures for the control of construction emissions will be discussed, to the extent necessary. This discussion will address Caltrans-recommended control practices, as well as applicable Butte County Air Quality Management District rules and regulations.

Task 2.3. Water Quality Memorandum
Caltrans has requested that a water quality memorandum be prepared for the project. This memorandum will include a brief discussion on how the project could affect the physical/chemical, biological, and human use characteristics of the aquatic environment. GPA will refer to the Location Hydraulic Study and Storm Water Data Report for supporting data, if available. GPA will identify and describe existing waterways and watersheds and identify specific water quality concerns in the area. Construction-related impacts and long-term impacts to water quality will be qualitatively evaluated, and both direct and cumulative impacts related to the project will be described. The memorandum will also address regulatory compliance, including conformance with the National Pollutant Discharge Elimination System permit requirements, and identify applicable best management practices included in the project design. It is assumed that no water quality mitigation will be required for the project.

Task 2.4. Community Impact Assessment Memorandum
Mark Thomas has determined that the project has the potential to require acquiring up to 0.5 acres of right-of-way (ROW) from eleven parcels. Caltrans has asked that GPA prepare a Community Impact Assessment (CIA) Memorandum for the project that would focus primarily on the acquisition of parking spaces.

Per Caltrans’ Guidance, a CIA memorandum can be used to simply state there are no community issues or resources of concern in the project area. It can also state that community resources exist, but studies show there are no or minimal potential impacts from the project. The memorandum addresses the resources, impacts, and any project measures to 110
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reduce impacts. GPA will base the CIA memo on Caltrans’ approved memorandum template and CIA Scoping checklist.

It is assumed that Mark Thomas will coordinate with property owners, provide logs regarding this coordination, and identify whether any parking spaces will need to be relocated and where.

GPA will perform a windshield survey/site visit to specific neighborhoods and community facilities. Fieldwork efforts may be aided by the production of field maps and photographs. Data gathering activities would include collection of census data, local general plans, economic data report, and other applicable sources, as needed.

Task 2.5. CHRIS Data Request and Coordination
GPA Consulting will complete a California Historical Resources Information System (CHRIS) data request form and submit it to the Northeast Information Center (NEIC). The NEIC will conduct a records search and provide the results to GPA as digital files. GPA will transmit the digital files to the client for submittal to Caltrans. Based on the project area and a ¼- miles radius, the records search fees charged by the NEIC are assumed to be approximately $2,000. The actual records search fees will be determined by the NEIC and will vary depending on how long it takes their staff to compile the records, and the number of digital files provided. This scope of work is limited to completing the CHRIS data request form, correspondence with the NEIC as needed to fulfill the request, and transmittal of the results to the client/Caltrans. No additional review or analysis by GPA will be performed under this scope.

TASK 2 DELIVERABLES
 Task 2.1: One (1) electronic copy and one (1) hard copy of the Construction Noise Tech Memorandum.  Task 2.2: One (1) electronic copy and one (1) hard copy of the Construction Air Quality Memorandum.  Task 2.3: One (1) electronic copy and one (1) hard copy of the Water Quality Memorandum.  Task 2.4: One (1) electronic copy and one (1) hard copy of the CIA Memo.  Task 2.5: CHRIS records search results provided as digital files TASK 3. RIGHT OF WAY ENGINEERING
Task 3.1. Determine New Right of Way Requirements
This task includes determining the new right of way requirements to complete the project. Mark Thomas will review the reconciled highway right of way limits and PTR’s to set the new right of way limits. The new right of way limits will be presented on a property impact exhibit, along with anticipated parking space losses.

Task 3.2. Right of Way Retracement
Mark Thomas will perform record research to locate recorded information such as right of way maps, records of survey, corner records, and other official maps of record available at the office of the County Recorder that will be necessary to determine the right of way limits of Oro Dam Blvd (SR162) and the demarcation of State and City right of way limits.

Mark Thomas will perform a field survey to search and locate existing survey monuments and physical evidence required to retrace the existing right of way of the 15 listed parcels below. Side lot lines of the 15 parcels will only be retraced where necessary to successfully transfer right of way needs of the project. This data will be analyzed, and the existing Right of Way will be delineated. Mark Thomas assumes centerline monuments or reference marks thereto shown on various maps will be available to retrace right of way without convoluted surveys outside the project limits. 111
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Monument will provide preliminary title reports including vesting info and all documents referenced in the title report.

Easements and encumbrances described in the title reports and supporting documents will be plotted and included in the right of way retracement deliverable.

APN Number Approximate Acquisition Area (Acres)
035-260-019 0.07
035-260-005 0.02
035-260-009 0.05
035-260-010 0.03
035-260-011 0.04
035-260-063 0.02
035-050-051 0.01
013-190-053 0.05
013-190-054 0.03
035-030-062 0.04
035-030-065 0.04
035-260-022 0.01
035-260-023 0.01
035-260-048 0.02
035-260-049 0.01
Task 3.3. Right of Way Engineering
Mark Thomas will perform professional services for right of way acquisition, which includes appraisal mapping, record mapping, support transfer of right of way acquisition, and file a post construction Record of Survey. Tasks will require coordination with Caltrans right of way engineering and the City of Oroville (City) to acquire updated Preliminary Title Reports (PTR), review PTR contents, submit Appraisal maps, Record Maps and descriptions of the land transferring to the City and State, assist with clearing encumbrances, set monuments and file a record of survey. The general order of operation is outlined as follows:
 Acquire PTR’s of all 15 parcels
 Record record right of way limits and property lines for affected parcels using monumentation  Submit Appraisal mapping to Caltrans standards
 Write 15 plat & legals transferring right of way from private to City  Coordinate ‘clear title’ with City and Caltrans
 Obtain/ review pro-forma PTR’s
 Write Transfer Deeds of right of way from City to State  Submit Record Maps to Caltrans standards
 Set approximately 14 monuments at new right of way
 File Post Construction Record of Survey with County (also reviewed by Caltrans) TASK 3 DELIVERABLES
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 Appraisal Map Prepared to Caltrans Standards (PDF)
 Fifteen (15) Plats and Legals
 Fifteen (15) Transfer Deeds (MS Word)
 Record Map Prepared to Caltrans Standards (PDF)
 Post Construction Record of Survey (PDF)
TASK 4. APPRAISALS AND ACQUSITIONS
As part of the City of Oroville’s active transportation plan, the City is proposing to construct a bike lane and pedestrian safety improvements to State Route 162 between 7th Avenue and Lincoln Boulevard. Monument has reviewed the Property Impact Exhibit provided in the Mark Thomas and analyzed the potential right of way requirements at each location. The project will require partial acquisitions affecting 15 parcels consisting of commercial, retail and vacant land uses.

It is assumed that State Route 162 is a State-owned facility and/or federal funds will be utilized for the project, and as such, Monument has developed the Scope of Work below to comply with the Caltrans Right of Way Manual, as well as the Uniform Act and FHWA regulations. This includes appraisal, appraisal review, property negotiations, escrow coordination and right-of-way certification. Additionally, in cases where the proposed acquisition is uncomplicated and the fair market value is less than $25,000, Monument is proposing to utilized “Waiver Valuations in lieu of Appraisal” as the basis in establishing the amount of just compensation and conduct good faith negotiations with the subject property owners. Based on our preliminary analysis, we believe 5 parcels meet this qualification.

Task 4.1. Right of Way Appraisals
Task 4.1.1. Fee Appraisal / Waiver Evaluation
Monument will prepare fee appraisals and Waiver Evaluations. This will include the following activities:
 All appraisals will be prepared by individuals licensed with the State of California, Office of Real Estate Appraisers, as a Certified General Real Estate Appraiser. Our appraisers both retain the requisite qualifications and experience necessary to competently complete appraisals in a competent and professional manner, in accordance to applicable laws and policies.
 All Waiver Valuations will be completed according to Caltrans ROW Manual Requirements.  Prepare the Notice of Decision to Appraise letter for each property, advising the property owner of the proposed project, introducing the appraiser, enclosing an Acquisition Brochure describing the City’s acquisition process, and contract information to answer questions and concerns.  The appraisal report will comply with laws that are applicable to the specific appraisal assignment and the Uniform Standards of Professional Appraisal Practice (USPAP).  Afford the property owner or the owner’s designated representative the opportunity to accompany the appraiser on the inspection of the property.
 Perform an inspection of the subject property. The inspection should be appropriate for the appraisal problem, and the Scope of Work should address:
o The extent of the inspection and description of the neighborhood and proposed project area, o The extent of the subject property inspection, including interior and exterior areas, o The level of detail of the description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, the remaining property). 113
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 In the appraisal report, identify the highest and best use. If highest and best use is in question or different from the existing use, provide an appropriate analysis identifying the market-based highest and best use.  Present and analyze relevant market information.
 In developing and reporting the appraisal, disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project.
 Report the appraiser’s analysis, opinions, and conclusions in the appraisal report.

Task 4.1.2. Appraisal Review
Review appraisals will be provided for each appraisal, and in accordance with State and Federal law and City policy as required. The review appraiser will, as appropriate:
 Identify the reviewer’s client and intended users, the intended use of the reviewer’s opinions and conclusions, and the purpose of the assignment.
 Identify the following:
o Subject of the appraisal review assignment.
o Effective date of the review.
o Property and ownership interest appraised (if any) in the work under review. o Date of the work under review and the effective date of the opinion or conclusion in the work under review.
o Appraiser(s) who completed the work under review, unless the identity was withheld.  Identify the scope of work to be performed.
 Develop an opinion as to the completeness of the material under review, given the scope of work applicable in the assignment.
 Develop an opinion as to the apparent adequacy and relevance of the data and the propriety of any adjustments to the data, given the scope of work applicable in the assignment.  Develop an opinion as to the appropriateness of the appraisal methods and techniques used, given the scope of work applicable in the assignment, and develop the reasons for any disagreement.  Develop an opinion as to whether the analyses, opinions, and conclusions are appropriate and reasonable, given the scope of work applicable in the assignment, and develop the reasons for any disagreement.  Review appraisals will be forwarded to the City for establishment of just compensation prior to the preparation of offers to acquire the proposed land rights for the project.

Task 4.2. Right of Way Acquisitions and Negotiation
Monument will provide ROW delivery services required for the City to purchase ROW required to construct the Project.

The tasks will be performed in accordance with applicable Federal, State and local regulations, Caltrans Policies and Procedures and City’s ROW Policies and Procedures.

Task 4.2.1. Acquisition and Negotiation
Monument will provide the following services under the direction of the City staff:
 Provide the Acquisition and Negotiations Services to acquire the property interests required for the Project in a timely, efficient manner and at a reasonable cost. Work shall be performed in accordance with Caltrans and the City’s Policies and Procedures and applicable Federal, State and local regulations. 114
Item 5.

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

8 OF 10
 Coordinate and manage the acquisition process with the City, legal counsel, design team, property owners, and tenants along with the title company, appraisers and other consultants to insure effective cross-discipline communications.
 Review ROW plans, appraisal reports, title reports, appraisal maps and legal descriptions and all other pertinent documents.
 Prepare acquisition offer packages consisting of the City’s written purchase offer, appraisal summary statement, acquisition brochure, acquisition agreement, conveying instruments (Grant Deed, Permanent and/or Temporary Easements, etc.), Certificate of Acceptance, recommendation of Amount of Just Compensation, plat maps and legal descriptions, and Title VI Information.
 Monument’s acquisition agent will meet personally with each property owner to present the City’s purchase offer, explain the project design requirement and inform him or her of the City’s ROW acquisition process.  Negotiate personally in good faith for up to 60 days with each property owner, his/her agent or representative.

The ROW agent will discuss the appraisal and valuation of the property interests, gather information from the property for consideration and address any questions or concerns that may arise during the acquisition process.  Establish and maintain an acquisition file for each property owner or property interest acquired and maintain a file checklist pursuant to the City’s specifications.
 As may be required to secure Right of Entry Agreements; licenses or permits from property owners for purposes of performing hazardous waste, archeological and other inspections.  Promptly transmit executed documents (acquisition agreements, executed deeds, rental agreements, statements of information, offset statements, and the like) to the City for acceptance and processing. A report summarizing the pertinent information relative to the transaction will be included.  Prepare and submit a Letter of Recommendation to the City for any proposed administrative settlements with property owners. The letter will include a chronology of the negotiation efforts, provide supporting evidence and documentation and an explanation of the benefits and rationale behind the recommendation.  Provide bilingual acquisition agents, if necessary.
 Prepare all applicable forms, secure property owner’s approval and signature and submit the forms to the City for review and acceptance.

Task 4.2.2. Escrow Coordination
Monument will coordinate opening of escrows with direction from the project manager, assist the escrow company in obtaining additional documentation as necessary to provide clear title to the City, supervise and review the closing of escrows, and review closing statements for completeness and accuracy. We will serve as liaison between the title company, escrow holder, and the City. Upon closing of escrow, tax cancelation letters will be prepared for City signature, as necessary, for fee interest acquisitions.

Monument will recommend condemnation action when negotiations have reached an impasse. The required justification will be submitted in writing to the City. Our primary goal will be to reach an acceptance of the offer with each property owner. We will work with the City in recommending solutions to achieve acceptance of the offer.

Upon completion of the acquisition process for each property or property interest, or at project completion, Monument will provide the City with the original acquisition file as well as electronic copy of files for future audit purposes. 115
Item 5.

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

9 OF 10
Task 4.3. Right of Way Certification
Monument will prepare and submit to Caltrans, and FHWA, if necessary, a right-of-way certification form and other required documents in accordance with the Caltrans Right of Way Manual and FHWA requirements.

TASK 4 DELIVERABLES
 Task 4.1.1 Fee Appraisals - Formal appraisal reports for 10 parcels in compliance with URA and USPAP.  Task 4.1.1 Waiver Valuations – “Waiver Valuations in Lieu of Appraisal” in accordance with the Caltrans R/W Manual and federal regulations
 Task 4.1.2 Appraisal Reviews – Copies of independent appraisal reviews of each fee appraisal in compliance with URA and Caltrans R/W Manual
 Task 4.2 – Copies of written offers, records of good faith negotiations, and acquisition documents and perform closing activities.
 Task 4.3 - Right of way certification package and coordinate with functional disciplines for appropriate supporting documentation.

TASK 5. ADDITIONAL DESIGN
Task 5.1. Design for Additional Sidewalk Segments
This task includes additional hours to design the missing segment of sidewalk from 7th Street to 5th Street, as this segment wasn’t included in the SR 162 corridor plan. This will include developing geometric layouts, designing curb profiles and roadway cross-slopes, preparing general cross-sections, and including this work in the PS&E package.

Task 5.2. Supplemental Field Survey – Additional Sidewalk Segments This task includes additional hours to survey the additional sidewalk segments discussed in Task 5.1. This will include field surveys and updating base mapping.

Task 5.3. Caltrans CAPM Coordination
Coordination is required with Caltrans between the City’s project and the future CAPM road rehab project to be performed by Caltrans. This future project will require coordination in the form of exhibits, file transfers, and meetings.

This task includes the additional hours required to facilitate this coordination and ensure the City’s future bike facility in constructed with the CAPM Project.

ASSUMPTIONS AND EXCLUSIONS
o Right of Entry letters, if required, will be sent to property owners by City o Caltrans approved traffic control may be required to locate and survey existing monuments o Encroachment Permit will be required and obtained by Mark Thomas o City will obtain PTR’s and Pro Forma PTR’s
o All plats and legals will go through one review by the County (and/or Caltrans) before stamped and signed packages are submitted for recordation
o Utility relocation and TCE Plat & Legals are not included in this scope 116
Item 5.

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

10 OF 10
o All fees with the Butte County Planning Department, Surveyor or Recorder paid by Mark Thomas will be reimbursable under this contract
o Record of Survey will require two reviews with the County Surveyor. Review and filing fees are not included in this scope
o Preparing legal descriptions to clear title are not included in this scope o Right of Way “Show-Me” stakes are not included in this scope o One alternative will be analyzed as part of this scope of work. If additional alternatives are included in the analysis, then a budget amendment would be required.
o The City has determined that the project would be categorically exempt under CEQA. Caltrans has determined that the project would be categorically excluded under NEPA. o Caltrans will periodically change Annotated Outlines (AO) and templates without prior notification. If an AO or template is prepared using the most current version available, but changes are made to the AO or template prior to signing the document, Caltrans will require that the document be updated or revised accordingly. If such changes are made or requested, additional scope and budget may be needed. o FHWA approval will not be required for the project.
o Caltrans will prepare the Biological Resources Memo and timely provide it for preparation of the water quality memo and NOE/CE. Aquatic resources delineations and Section 401, 404, or 1602 permitting will not be needed. o Caltrans will prepare the Area of Potential Effects (APE) Map and the Screened Undertaking Memo for this project and timely provide them for preparation of the NOE/CE. No built environment or archaeological resources will require detailed documentation and/or evaluation. If Caltrans or the City requests the preparation of more detailed studies, such as the completion of a Historical Resources Evaluation Report (HRER), GPA will request a scope and cost amendment for this additional work.
o It is assumed that the proposed project will not cause a significant encroachment into the floodplain or a change in the water surface elevation. No FEMA coordination or Conditional Letter of Map Revision (CLOMR) will be required.
o No Central Valley Flood Protection Board (CVFPB) coordination will be required by Avila. o Avila will complete and sign the forms for items 3, 4, 5, 7 and 9 of the Location Hydraulic Study Report. Others will sign 1, 2, 6 and 8.
o The project area is outside of a federal levee and authorization from U.S. Army Corps of Engineers 408 Division would not be required. The Encroachment Permit would be processed and approved under CVFPB’s Executive Officer Delegation and would not require full Board hearing and approval. Hydrology and Hydraulic Analysis would not be required. If a Local Maintaining Agency (LMA) has jurisdiction over the project site, the LMA would endorse the encroachment without conditions.
o Although there would be ROW acquisitions, including the loss of parking spaces, it is not anticipated that the ROW acquisitions would result in the relocation of residents, businesses, farms, or nonprofit organizations. Should the project require the need for relocations or replacement property, then additional scope and budget would be needed to prepare a Relocation Impact Document to support the CIA. o U.S. Census Bureau data (e.g., American Community Survey data) will be used to determine the characteristics of potentially affected communities, using publicly available census tract and/or census block group data. o No Eminent Domain support is included.
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Item 5.

Principal Sr. Project Manager Sr. Project Engineer Design Engineer I Survey Manager Project Surveyor Survey Technician 2 Person Field Crew Sr. Project Accountant Sr. Project Coordinator Project Coordinator GPA Monument $372 $224 $158 $98 $176 $146 $78 $278 $127 $116 $91 DBE DBE

1.0 PROJECT MANAGEMENT

1.1 Project Management 4 24 24 2 6 60 $11,606 - $11,606

1.2 Supplemental Meetings 8 8 2 6 24 $4,006 - - $4,006
Subtotal Phase 1 4 32 32 0 0 0 0 0 4 12 0 84 $15,612 $0 $0 $15,612

2.0 NEPA TECHNICAL STUDIES

2.1 Construction Noise Technical Memorandum 4 4 $632 4,122 - $4,754

2.2 Construction Air Quality Memorandum 4 4 $632 4,022 - $4,654

2.3 Water Quality Memorandum 4 4 $632 7,477 - $8,109

2.4 Community Impact Assessment Memorandum 4 4 $632 7,696 - $8,328

2.5 CHRIS Data Request and Coordination 0 $0 2,000 - $2,000 Subtotal Phase 2 0 0 16 0 0 0 0 0 0 0 0 16 $2,528 $25,318 $0 $27,846

3.0 RIGHT OF WAY ENGINEERING

3.1 Determine New Right of Way Requirements 6 40 46 $4,868 - $4,868

3.2 Right of Way Retracement 4 16 24 40 40 40 4 168 $26,867 - $26,867

3.3 Right of Way Engineering 4 16 66 144 308 32 16 586 $69,211 - $69,211 Subtotal Phase 3 0 0 14 72 90 184 348 72 0 0 20 800 $100,946 $0 $0 $100,946

4.0 APPRAISALS & ACQUISITIONS

4.1 Right of Way Appraisals 4 4 $632 70,000 $70,632

4.2 Right of Way Acquisitions & Negotiation 4 4 $632 65,000 $65,632

4.3 Right of Way Certification 4 4 $632 2,500 $3,132
Subtotal Phase 4 0 0 12 0 0 0 0 0 0 0 0 12 $1,896 $0 $137,500 $139,396

5.0 ADDITIONAL DESIGN

5.1 Design for Additional Sidewalk Segments 20 80 100 $11,000 - - $11,000

5.2 Segments 4 8 16 16 44 $7,496 - - $7,496

5.3 Caltrans CAPM Coordination 8 40 48 $5,184 - - $5,184 Subtotal Phase 5 0 0 32 120 0 8 16 16 0 0 0 192 $23,680 $0 $0 $23,680 TOTAL HOURS 4 32 106 192 90 192 364 88 4 12 20 1104
OTHER DIRECT COSTS $4,116 $6,645 $12,500 $23,261
TOTAL COST $1,488 $7,168 $16,748 $18,816 $15,839 $28,030 $28,388 $24,465 $508 $1,392 $1,820 $148,779 $31,963 $150,000 $330,742 COST PROPOSAL FOR PROJECT SCOPE: Oroville-SR 162 Bike/Ped Mobility & Safety (AM #1)

TOTAL COST
Subconsultants
Total
Hours
Total MT
Cost
5/27/2021
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Sr. Project Manager
Technical LeadDesign Engineer IIProject SurveyorSurvey Technician2 Person Field CrewSr. Project AccountantSr. Project CoordinatorY&C Choose Classification =>
Sr.

Project
Manage
r
Technic
al Lead
Design
Engineer
II
Project
Surveyo
r
Survey
Technici
an
2 Person
Field
Crew
Project
Account
ant
Sr.

Project
Coordin
ator
Enter Staff Names if Necessary =>
Hourly Rate (average if classification, actual if named) => $73 $61 $39 $47 $28 $83 $32 $38 $224 $172 $111 $146 $78 $278 $127 $116 DBE DBE

1.0 PROJECT MANAGEMENT

1.1 Project Management 4 2 2 4 12 $1,958 - $1,958
Subtotal Phase 1 4 2 0 0 0 0 2 4 12 $1,958 $0 $0 $1,958

2.0 ADDITIONAL Design

2.1 Supplemental Field Survey 4 2 4 8 18 $3,272 - $3,272

2.2 Sidewalk and Curb Ramp Design 8 16 32 56 $8,096 - $8,096

2.3 Traffic Signal Relocation Design 2 4 6 12 $1,802 10,054 - $11,856 Subtotal Phase 2 10 20 42 2 4 8 0 0 86 $13,170 $10,054 $0 $23,224

3.0 OFFSITE IMPROVEMENTS

3.1 Offsite Improvements 16 32 80 8 24 16 176 $25,456 - $25,456 0 $0 - - $0
Subtotal Phase 3 16 32 80 8 24 16 0 0 176 $25,456 $0 $0 $25,456 TOTAL HOURS 30 54 122 10 28 24 2 4 274
OTHER DIRECT COSTS $2,348 $2,348
TOTAL COST $6,720 $9,288 $13,542 $1,460 $2,184 $6,672 $254 $464 $42,932 $10,054 $0 $52,986 COST PROPOSAL FOR PROJECT SCOPE: Oroville-SR 162 Bike/Ped Mobility & Safety (AM #3)

TOTAL COST
Subconsultants
Total
Hours
Total MT
Cost
10/10/2022
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Item 5.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: KAYLA REASTER, ASSISTANT CITY CLERK
RE: 2025 CITY OF OROVILLE MEETING SCHEDULE
DATE: NOVEMBER 5, 2024

SUMMARY
The Council may consider adopting the proposed meeting schedule for the 2025 year.

DISCUSSION
City Council meetings are held on the first and third Tuesdays of each month, with the ability to alter the schedule by a majority vote. The meeting dates in July, November, and December may be altered now, or at a later date, to accommodate holiday breaks. The proposed 2025 City of Oroville Meeting Schedule is attached to this Staff Report for Council consideration.

FISCAL IMPACT
None.

RECOMMENDATION
Approve the revised City of Oroville 2025 Meeting Schedule

ATTACHMENTS
Draft 2025 City of Oroville Meeting Schedule
127
Item 6.

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O c t o b e r N o v e m b e r D e c e m b e r
J u l y A u g u s t S e p t e m b e r
A p r i l M a y J u n e
J a n u a r y F e b r u a r y M a r c h

CITY OF OROVILLE
Meeting Schedule 2025
City Council Meeting (1st &3rd Tuesday of each month at 4PM) Planning Commission Meeting (4th Thursday of each month at 6PM) Art/Park Commission Meeting (2nd Tuesday every other month at 4PM (Art) and 5:15PM(Park) Supplemental Benefits Fund Committee (Bi-annually at 2PM) Housing Loan Advisory Committee (2nd Tuesday of each month at 10AM) Citizen’s Oversight Committee - Measure U (4th Tuesday of each quarter at 6PM) Holiday 128
Item 6.

October 15, 2024~4:00 PM Oroville City Council Meeting Agenda Page 1 of 4

OROVILLE CITY COUNCIL
Oroville State Theatre
1489 Myers Street
Oroville, CA. 95965
October 15, 2024

REGULAR MEETING

MINUTES
The agenda for this meeting was posted on Friday, October 11, 2024. The video for this meeting can be viewed on our website at www.cityoforoville.org, or on our YouTube channel.

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

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

1. Pursuant to Government Code Section 54957, the Council met with the Personnel Officer and City Attorney to the Public Employee appointment of the Interim Police Chief.

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

OPEN SESSION

1. Announcement from Closed Session – No action taken.

2. Pledge of Allegiance – Led by CalFire Chief Chris Tenns

3. Adoption of Agenda –
Motioned by: Council Member Riggs Seconded by: Vice Mayor Smith AYES: Council Member(s) Johnstone, Riggs, Thomson, Webber, Vice Mayor Smith, Mayor Pittman
NOES: None
ABSTAINED: None
ABSENT: Council Member Goodson

PRESENTATIONS AND PROCLAMATIONS
None this meeting.
129
Item 7.

October 15, 2024~4:00 PM Oroville City Council Meeting Agenda Page 2 of 4 PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following member(s) of the public submitted public comment on this item: Donna Cyr, The CameraMan, Bill Speer, Kevin Thompson.

REPORTS / DISCUSSIONS

1. Council Announcements and Reports –
Mayor Pittman: Reported his attendance the Hmong New Year Festival, stated that it was very beautiful and well organized.

Council Member Johnstone: Reported her attendance at the Drive-In movie event at the Oroville airport. She stated it was a great event.

2. Administration Reports –
Fred Mayo, Director of Public Work: Reported on the Montgomery project and provided the Council with an update.

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.

Motioned by: Council Member Riggs Seconded by: Council Member Johnstone AYES: Council Member(s) Johnstone, Riggs, Thomson, Webber, Vice Mayor Smith, Mayor Pittman
NOES: None
ABSTAINED: None
ABSENT: Council Member Goodson

1. UPDATED JOB DESCRIPTION FOR CITY OF OROVILLE RECYCILING COORDINATOR The Council updated the job description for the City of Oroville Recycling Coordinator by adopting Resolution No. 9322 and authorizing the Mayor to sign.

2. MODIFICATION TO THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) OWNEROCCUPIED REHABILITATION LOAN PROGRAM GUIDELINES The Council approved modifications to the Permanent Local Housing Allocation Program Guidelines for the Owner-Occupied Rehabilitation Loan Program by adopting Resolution No. 9321 and authorizing the Mayor to sign.
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Item 7.

October 15, 2024~4:00 PM Oroville City Council Meeting Agenda Page 3 of 4

3. ADOPTION OF THE 2024 LOCAL HAZARD MITIGATION PLAN UPDATE The Council adopted the 2024 Local Hazard Mitigation Plan Update by adopting Resolution No. 9323 and authorizing the Mayor to sign.

The following member of the public submitted public comment on this item: Linda Oslin.

4. LETTER OF SUPPORT FOR BOND MEASURE E ON THE NOVEMBER 5, 2024 ELECTION BALLOT
The Council approved a Letter of Support for Bond Measure E, due to be placed on the November 5, 2024 election ballot, and authorize the Mayor to sign.

The following member of the public submitted public comment on this item: Spencer Holtom.

5. APPROVAL OF THE OCTOBER 1, 2024 CITY COUNCIL REGULAR MEETING MINUTES The Council approved the regular meeting minutes of October 1, 2024 City Council meeting and authorized the Mayor to sign.

6. MEMORANDUM OF UNDERSTANDING WITH THE BUTTE COUNTY BEHAVIORAL

HEALTH DEPARTMENT FOR MOBILE CRISIS TEAM SERVICES
The Council approved a memorandum of understanding (MOU) with the Butte County Behavioral Health Department for Mobile Crisis Team services and authorized the Mayor to sign.

REGULAR BUSINESS

7. DISCUSSION OF THE SALE AND USE OF FIREWORKS WITHIN THE CITY Council Members and staff discussed current and future sales and use of fireworks within the City limits. This item to be brought back in December of 2024 for discussion and consideration.

The following member(s) of the public submitted public comment on this item:

Electronically received public comment: Joseph Peterson, Jim Bruggeman, Jason, Seven Sage, Elain Brown, Diane Brown, Ronald Olsen, Jason Hood, Anonymous, Linda Oslin.

In-person received public comment: Joseph Peterson, Linda Oslin, Johnathan Taylor, Craig Henson, Robert Fager, Chris Fager, Diana Byers, Olie Firpo, Michael Brown, Bonita Malone, Michelle Huffman, Amme Michels, Joan Ticknor, The CameraMan, Rodger Edmundson, Jennifer Martin, Bill Black, Jackie Glover, Mike Ramsey, Christopher Whitley, Lisa Torres, Dena Taylor, George McRae, Tammy Flicker, Carol Anderson.

PUBLIC HEARINGS
None this meeting.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
No additional speaker cards submitted.
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Item 7.

October 15, 2024~4:00 PM Oroville City Council Meeting Agenda Page 4 of 4

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items – None.

2. Correspondence
i. Notice from PGE

ADJOURN THE MEETING
The meeting adjourned at 7:03PM.
___________________________________ ___________________________________ Kayla Reaster, Assistant City Clerk David Pittman, Mayor 132
Item 7.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: AMY BERGSTRAND, BUSINESS ASSISTANCE AND HOUSING

DEVELOPMENT DIRECTOR
RE: UPDATE ON THE MISSION ESPERANZA PALLET SHELTER PROJECT

AND REQUEST FOR GRANT FOR OPERATIONAL EXPENSES
DATE: NOVEMBER 5, 2024

SUMMARY
The City Council will receive a presentation from Suzi Kochems, city consultant, regarding the Mission Esperanza Project.

Additionally, Council will consider approving a Housing Program Fund grant in the amount of $100,000 to Mission Esperanza for operating expenses until Mission Esperanza begins servicing clients at the new shelter site.

DISCUSSION
As presented in earlier Council meetings, since the time of the first Encampment Resolution Grant application in December 2021 and the construction bid of $1,968,000 in June 2023, the costs of labor and required changes to the design have increased the construction costs by approximately $1.3M. To date, much of the expenses have been covered by moving grant funds that were previously budgeted for operations to the construction budget. Construction Change Orders have included the following:
 $414,125 - Base bid and perimeter fencing, relocating women’s restroom  $294,694 - Site Revision Package - Architectural layout revisions, electrical for added shelters, demolition of concrete slabs, sewer manholes, rough excavation, base rock, added sidewalk for Americans with Disabilities Act of 1990 (ADA), additional perimeter fencing, revised gate, concrete retaining wall, etc.
 $71,728 - Plan revisions, added doors, storage rooms, wall footage for framing, drywall, paint, and fire plan additions.
 $99,193.25 - Various change orders including insulation for interior walls of the navigation center/congregate shelter, additional architectural design and engineering, occupancy change and design coordination, permit fees, hospitality tent foundation  $55,966.94 - Private fire hydrant.

Additional costs that were not initially included:
 New roof for the congregate shelter will be approximately $100,000:
 Pacific Gas and Electric Company (PG&E) power pole will be approximately $30,000:
133
Item 8.

 Required change in flooring due to no vapor barrier approximately $10,000; and  Additional concrete for outdoor dining area $10,000.

Although necessary, these changes have left a gap in operational funding needed for hiring new staff to ramp up for Mission Esperanza opening this winter. Once Mission Esperanza starts servicing clients, they will be able to bill CalAIM for enhanced care management, community support and case management which will reimburse the project enough to sustain operations.

On September 23, 2024, staff received a request from Mission Esperanza to provide a grant for gap funding to bridge the time period until the time in which they can begin to bill Medi-Cal for these services.

FISCAL IMPACT
There is no General Fund Impact.

A grant in the amount of $100,000 would be funded by the Housing Program Fund 220. The available fund balance as of October 10, 2024, is approximately $539,265.00.

RECOMMENDATION

1. Receive presentation regarding Mission Esperanza

2. Approve grant request in the amount of $100,000 to Mission Esperanza to bridge the operational gap until the Mission is able to open its doors and accept new clientele.

ATTACHMENTS
Presentation and
Site photos.
134
Item 8.

CITY COUNCIL MEETING
November 5, 2024
135
Item 8.

Mission Esperanza Construction Updates
 Pre-development has been finished.
 Construction components currently in progress:
Perimeter fence near complete for the exception of a couple of man gates  Navigation center roof materials have been ordered and will be started when materials arrive
Navigation center siding has been ordered and replacement will start when materials arrive Navigation center interior framing is occurring now
Exterior storage area is underway
Power disconnect boxes for shelter units is complete
Pallet Shelter units are completely installed! 2% slope for ADA units confirmed Wood perimeter fence protecting the neighbors to the north is installed and looks great LOAPUD updates have wrapped up
136
Item 8.

Funding & Costs of the Mission Esperanza
Project
 To recap the funding for Mission Esperanza that has been secured includes:
 ERF Grant Funding (Round 2L and 3L)-$4,463,824
ARPA City of Oroville-$750,000
ARPA County of Butte-$500,000
Total funding: $5,713,824
137
Item 8.

Funding & Costs of the Mission Esperanza
Project
Budget Category Expended to Date Change Orders Budget Balance a Pre-development $65,020 0 $65,000 ($20.00)
Construction $1,980,654 $925,377 $3,148,587 $242,556 PG&E pole Administration $113,134 0 $211,168 $98,034
Operations $177,130 0 $1,556,452 $1,379,322 Original ops budget:
$2,778,118.11
Sheltering $720,117 $12,500 $732,617 0
Totals $3,056,055 $937,877 $5,713,824 $1,719,892 Balance will used for staffing, utilities and
food over 3
years=$573,297 (per
year)
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Item 8.

Leveraging Funds for Sustainability
 In order to sustain current Oroville Resource Center & Rescue Mission (ORC) operations, as well as the expansion of Mission Esperanza operations, the team has made taken significant steps to increase revenue to the organization, including:
The ORC is now a Medi-Cal Managed Care Plan Provider of Enhanced Care Management and Community Supports and is able to bill Medi-Cal for eligible services that the Mission provides to its clients. This funding will eventually support all staffing costs and a small portion of operational costs once Esperanza has increased its participants.

Payroll for 2024 through September 30th: $355,198
Operating costs through September 30th: $555,501
Revenue generated through Medi-Cal claims: $186,984
Other revenue YTD: $491,741
YTD Total Revenue vs. YTD Total Expenses: ($231,974.06) (Current sheltering programs)  There are two grant opportunities being released in 2025 that the Mission has a high probability of receiving-PATH CITED with a $1M potential, and CalAIM Incentives funding for $250,000. Awards on these grants will be made in late summer 2025.
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Anticipated Project Milestones
Concentrated encampment outreach and engagement activities; partnering with the community navigators, the housing navigator and the outreach specialist from ORC
November 2024
Construction wraps up and the exterior of the navigation center gets painted
December 2024
Begin to conduct a handful of intakes/enrollment into the Esperanza program (soft rollout of program) (5 clients) Late December 2024
Open House (for service provider organizations)
Grand opening & Ribbon Cutting (for elected and public
officials and media)
December 2024/January 2025
Full Opening of Mission Esperanza January 2025
Transition larger numbers of individuals from the encampment area to Esperanza
January 2025
Begin remediation of encampment area and begin outreach to other camps/areas where unsheltered individuals are residing February 2025
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Questions and Comments
 Suzi Kochems, Consultant
 [email protected]
 (530) 228-7811
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Item 8.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: CHRIS TENNS, ASSISTANT CHIEF
RE: RESOLUTION IMPLEMENTING CALFIRE 66-HOUR WORKWEEK
DATE: NOVEMBER 5, 2024

SUMMARY
The City Council shall consider approving an amendment to the CAL FIRE contract, reducing the current workweek from 72 hours to 66 hours. This amendment will result in an annual increase in contract costs of approximately $693,067. It is estimated that the change in workweek will increase costs by approximately $404,289 this fiscal year.

DISCUSSION
The Governor’s budget will allocate $199 million and 338 positions, three designated to the Oroville contract, for fiscal year 2024-25 to implement a reduction in the standard workweek from 72 hours to 66 hours, as outlined in the CALFIRE Firefighters (2881) Memorandum of Understanding. The shift has been finalized and will take effect on November 25th, 2024.

As part of this change, the number of firefighters will need to increase from 18 to 21 in the City. This increase in personnel will help ensure that the community is adequately protected under the new workweek schedule.

This amendment will result in an annual increase in contract costs of approximately $693,067. It is estimated that the change in workweek will increase costs by approximately $404,289 this Fiscal Year. It is anticipated that there will be some cost savings this fiscal year to help offset this increase.

FISCAL IMPACT
Approximately $693,067 annually, $404,289 this fiscal year. A budget adjustment will be brought forward at a later date.

ACTION REQUESTED -
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Approve resolution directing staff to bring back an amendment to the CALFIRE contract increasing firefighter staffing levels in an amount of approximately $404,289 for a total of approximately $5,431,753 for fire protection services and authorize the Mayor to sign.

ATTACHMENTS
Resolution No. 9327
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CITY OF OROVILLE
RESOLUTION NO. 9327

A RESOLUTION OF THE OROVILLE CITY COUNCIL DIRECTING STAFF

TO BRING FORWARD CONTRACT AMENDMENT WITH CAL FIRE

INCREASING MAXIMUM AMOUNT PAYABLE ASSOCIATED WITH
TRANSITIONING FROM A 72-HOUR WORKEEK TO A 66-HOUR WORKWEEK BE IT HEREBY RESOLVED by the Oroville City Council as follows:
a. The Council hereby directs staff to bring forward a contract amendment for contract #3492 with CAL FIRE, to increase the maximum amount payable in transitioning from a 72-hour workweek to a 66-hour workweek. b. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on November 5, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
David Pittman Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Kayla Reaster Acting City Clerk 148
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: AMY BERGSTRAND, DIRECTOR BUSINESS ASSISTANCE/HOUSING

DEVELOPMENT
RE: MODIFICATIONS TO THE COMMUNITY DEVELOPMENT BLOCK
(CDBG) FIRST TIME HOMEBUYER PROGRAM GUIDELINES
DATE: NOVEMBER 5, 2024

SUMMARY
The Council will conduct a public hearing to solicit comments regarding modifications to the Community Block Development Grant (CDBG) First Time Homebuyer Program Guidelines.

DISCUSSION
Staff is proposing modifications to the Combined Community Block Development Grant CDBG/HOME First Time Homebuyer Program Guidelines, to remove any mention of the HOME Investment Partnership (HOME) Program as HOME is now requiring the combined guidelines to be separate.

Historically, the CBDG and HOME Programs allowed jurisdictions to combine First Time Homebuyer Program Guidelines and to merely highlight areas in the guidelines where the programs were different. After a recent Housing and Urban Development (HUD) monitoring, the State HOME Program was required to make significant changes to the way the HOME Program was run at the jurisdictional level. Separating program guidelines is one of the results from that monitoring.

Once the State HOME Program has approved the draft HOME First Time Home Buyer Guidelines staff also will bring the new guidelines to Council requesting approval.

FISCAL IMPACT
No Financial Impact

RECOMMENDATION
Adopt Resolution No. 9324 _ A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING MODIFICATIONS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FIRST TIME HOMEBUYER PROGRAM GUIDELINES.
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ATTACHMENTS
A-Resolution No. 9324
B-CDBG First Time Homebuyer Program Guidelines.
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CITY OF OROVILLE
RESOLUTION NO. 9324

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING MODIFICATIONS TO THE

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FIRST TIME HOMEBUYER PROGRAM

GUIDELINES
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Oroville City Council hereby authorizes the modification to the Community Development Block Grant (CDBG) Program Guidelines. A copy of the changes to the Program Guidelines have been attached hereto as Exhibit "A".

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on November 5, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ ______________________________ David G. Ritchie, City Attorney Kayla Reaster, Assistant City Clerk 151
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HCD Version 5/2016
City of Oroville
Homebuyer
Program Guidelines

For:

HOME Investment Partnerships Program
Community Development Block Grant
(CDBG) Program
Serving the City of Oroville
March 1, 2022
CDBG Approved (date)
HOME Approved (2/1/2023)
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City of Oroville Homebuyer Program Guidelines Page 2

HOMEBUYER PROGRAM GUIDELINES
Table of Contents

1.0. GENERAL

1.1. PROGRAM OUTREACH AND MARKETING

1.2. APPLICATION PROCESS AND SELECTION

1.3. THE HOME PURCHASE PROCESS

1.4. HOMEBUYER COSTS

1.5. HOMEBUYER EDUCATION

1.6. CONFLICT OF INTEREST REQUIREMENTS

1.7. NON-DISCRIMINATION REQUIREMENTS

2.0. APPLICANT QUALIFICATIONS

2.1. CURRENT INCOME LIMITS

2.2 MINIMUM CREDIT SCORE

2.3. INCOME QUALIFICATION CRITERIA

2.4. DEFINITION OF AN ELIGIBLE HOMEBUYER

3.0. HOUSING UNIT ELIGIBILITY

3.1. LOCATION AND CHARACTERISTICS

3.2. CONDITIONS

3.3. ANTI-DISPLACEMENT POLICY AND RELOCATION ASSISTANCE

3.4. PROPER NOTIFICATION AND DISCLOSURES

4.0. PURCHASE PRICE LIMITS

5.0. THE PRIMARY LOAN
A. QUALIFYING RATIOS
B. INTEREST RATE
C. LOAN TERM
D. IMPOUND ACCOUNT

6.0. THE PROGRAM LOAN
A. MAXIMUM AMOUNT OF PROGRAM ASSISTANCE
B. NON-RECURRING CLOSING COSTS
C. AFFORDABILITY PARAMETERS FOR HOMEBUYERS
D. RATES AND TERMS FOR PROGRAM LOANS
E. LOAN-TO-VALUE RATIO

7.0. PROGRAM LOAN REPAYMENT

7.1. PAYMENTS ARE VOLUNTARY

7.2. RECEIVING LOAN REPAYMENTS

7.3. DUE UPON SALE OR TRANSFER

7.4. LOAN SERVICING POLICIES AND PROCEDURES

7.5. LOAN MONITORING PROCEDURES

8.0. PROGRAM LOAN PROCESSING AND APPROVAL

8.1. COMPLETION OF UNDERWRITING AND APPROVAL OF PROGRAM LOAN

8.2. PRIMARY AND PROGRAM LOAN DOCUMENT SIGNING

8.3. ESCROW PROCEDURES

9.0. SUBORDINATE FINANCING

10.0. EXCEPTIONS AND SPECIAL CIRCUMSTANCES

10.1. DEFINITION OF EXCEPTION

10.2. PROCEDURES FOR EXCEPTIONAL CIRCUMSTANCES

11.0. DISPUTE RESOLUTION AND APPEALS PROCEDURE
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TABLE OF CONTENTS (CONTINUED)

ATTACHMENTS
ATTACHMENT A: 24 CFR PART 5 ANNUAL INCOME INCLUSIONS AND EXCLUSIONS ATTACHMENT B: ANNUAL INCOME NET FAMILY ASSET INCLUSIONS AND EXCLUSIONS ATTACHMENT C: MAXIMUM PURCHASE PRICE/AFTER-REHAB VALUE LIMITS; HOME PER UNIT SUBSIDY LIMITS PER UNIT; CURRENT INCOME LIMITS
ATTACHMENT D: LOAN SERVICING POLICIES AND PROCEDURES
ATTACHMENT E: SELLER'S LEAD-BASED PAINT DISCLOSURE
ATTACHMENT F: DISCLOSURE TO SELLER WITH VOLUNTARY, ARM'S LENGTH,

PURCHASE OFFER
ATTACHMENT H: LEAD-BASED PAINT NOTICE OF PRESUMPTION AND HAZARD REDUCTION FORM
ATTACHMENT I: HOMEBUYER PROGRAM LEAD COMPLIANCE DOCUMENT CHECKLIST 154
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CITY OF OROVILLE

HOMEBUYER PROGRAM GUIDELINES

1.0. GENERAL
The above–named entity, hereinafter referred to as the “City,” has entered into a contractual relationship with the California Department of Housing and Community Development (“HCD”) to administer one or more HCD-funded homebuyer programs. The homebuyer program described herein (the “Program”) is designed to provide assistance to eligible homebuyers in purchasing homes, also referred to herein as “housing units”, located within the Program’s eligible area, as described in Section 3.1.A. The Program provides this assistance in the form of deferred payment “silent” second priority loans as “Gap” financing toward the purchase price and closing costs of affordable housing units that will be occupied by the homebuyers as their primary residence.

1.1. PROGRAM OUTREACH AND MARKETING
All outreach efforts will be done in accordance with state and federal fair lending regulations to assure nondiscriminatory treatment, outreach and access to the Program.

No person shall, on the grounds of age, ancestry, color, creed, physical or mental disability or handicap, marital or familial status, medical condition, national origin, race, religion, gender or sexual orientation be excluded, denied benefits or subjected to discrimination under the Program. The City will ensure that all persons, including those qualified individuals with handicaps, have access to the Program.

A. The Fair Housing Lender and Accessibility logos will be placed on all outreach materials. Fair housing marketing actions will be based upon a characteristic analysis comparison (census data may be used) of the Program’s eligible area compared to the ethnicity of the population served by the Program (includes, separately, all applications given out and those receiving assistance) and an explanation of any underserved segments of the population. This information is used to show that protected classes (age, gender, ethnicity, race, and disability) are not being excluded from the Program. Flyers or other outreach materials, in English and any other language that is the primary language of a significant portion of the area residents, will be widely distributed in the Program-eligible area and will be provided to any local social service agencies. The City will provide homebuyer classes to help educate homebuyers about the home buying process and future responsibilities. Persons who have participated in local homebuyer seminars will be notified about the Program.

B. The City will work with local real estate agents and primary lenders to explain the Program requirements for eligible housing units and homebuyers, and to review Program processes. Local real estate agents and primary lenders will also be encouraged to have their customers participate in the Program.

C. Section 504 of the Rehabilitation Act of 1973 prohibits the exclusion of an otherwise qualified individual, solely by reason of disability, from participation under any program receiving Federal funds. The City will take appropriate steps to ensure effective communication with disabled housing applicants, residents and members of the public.
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1.2. APPLICATION PROCESS AND SELECTION
A. The City maintains a waiting list of applicants. Each applicant is asked to complete an application form, which asks for sufficient information concerning income, employment, and credit history to establish preliminary eligibility for Program participation. Completed applications are processed on a first-come-first-served basis. Applications are deemed complete only if all information is completed, the application is signed and dated, and a primary lender’s pre-qualification letter is attached to the application. Incomplete applications are returned to the applicant and will not be date/time stamped until complete.

B. Once the applicant’s name comes to the top of the waiting list, their Program eligibility is confirmed, and City will contact the applicant to ensure they are still interested.

If the City encounters material discrepancies and/or misrepresentations, and/or there is income, asset, household composition, or other important questions that can't be resolved, the City reserves the right to deny assistance to the household.

In this case, the applicant may re-apply after six months have elapsed from the time of written assistance denial.

C. Each applicant must participate in individual Homebuyer Counseling As required by 24 CFR 92.254 (a)(3) and 24 CFR 5.111, to be provided by a HUD-certified homebuyer counselor employed by an entity approved by HUD to provide housing counseling.

Housing counseling is independent, expert advice customized to the need of the consumer to address the consumer’s housing barriers and to help achieve their housing goals and must include the following processes: intake; financial and housing affordability analysis; an action plan, exept for reverse mortgage counseling; and a reasonable effort to have follow-up communication with the client when possible. The content and process of housing counseling must meet the standards outlinedin 24 CFR part 214, which include:
• Addressing unique financial circumstances or housing issues, • Focusing on ways of overcoming specific obstacles to achieving a housing goal such as repairing credit,
• Addressing a rental dispute, purchasing a home, locating cash for a down payment, and being informed of fair housing and fair lending requirements of the Fair Housing Act,
• Finding units accessible to persons with disabilities, • Avoiding Foreclosure,
• Resolving a Financial crisis,
• Except for reverse mortgage counseling, all counseling shall involve the creation of an action plan
Acceptable forms of housing counseling include in-person, phone, and/or internet, as long as the client and counselor can have an individual dialogue, with guidance and advice tailored to client’s needs. This includes creating a 156
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client budget, financial analysis, and action plan, and referrals to relevant resources such as down payment assistance programs or legal services.

A copy of each borrower’s certificate of completion must be placed into each homebuyer file maintained by the City.

D. The potential homebuyer is given 90 days in order to find a qualified home and begin securing a primary loan for the housing unit. If during the 90-day time frame, the potential homebuyer is unable to purchase a home, an extension may be given. However, if it appears the potential homebuyer cannot participate in the Program, the reservation of funds expires and the next person on the waiting list is given an opportunity to participate in the Program.

1.3. THE HOME PURCHASE PROCESS
A. The following is a simplified example of how a primary lender would analyze a homebuyer’s finances to determine how much the homebuyer could afford to borrow from the primary lender towards homeownership

DEBT SERVICE
FOR A FAMILY OF FOUR EARNING $3,388 PER MONTH

HOUSING PAYMENTS TOTAL OVERALL PAYMENTS
Principal & Interest Payment $ 865 $1,180 Housing
Insurance 82 +200 Other Debt Service
Taxes 233 $1,380 Total Debt Service
Total Housing Expense $1,180 (Overall debt service per month is 41% of $3,388) (PITI is 35% of $3,388)

OTHER HOUSEHOLD DEBT SERVICE
Car Payment $ 150
Credit Card Payment 50
Total Other Debt $ 200
A $865 per month loan payment equates to borrowing $143,000 at 5.88% for a 30-year term.

SUBSIDY CALCULATION
FOR A FAMILY OF FOUR EARNING $3,388 PER MONTH
Purchase Price of Property $ 239,000
Less Primary loan amount 138,000
Less down required down payment 1,000

Equals “GAP” $ 100,000
B. The housing unit selection process will be conducted by the homebuyers. Prior to making an offer to purchase an eligible housing unit (see Section 3.0), homebuyer shall provide seller with a disclosure containing the following provisions:
1) Homebuyer has no power of eminent domain and, therefore, will not acquire the property if negotiations fail to result in an amicable agreement; and
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2) Homebuyer’s offer is an estimate of the fair market value of the housing unit, to be finally determined by a state licensed appraiser. 3) The housing unit will be subject to inspection. The housing unit must comply with local codes at the time of construction and local health and safety standards.
4) All housing units built prior to January 1, 1978 will require a lead paint disclosure to be signed by both the homebuyer and Seller (Attachment E); 5) Since the purchase would be voluntary, the seller would not be eligible for relocation payments or other relocation assistance.
6) The seller understands that the housing unit must be either: currently owner-occupied, newly constructed, or vacant for three months prior to submission of the purchase offer.
7) If the seller is not provided with a statement of the above six provisions prior to the purchase offer, the seller may withdraw from the agreement after this information is provided.

C. Applicant submits executed standard form purchase and sale agreement and primary lender prequalification letter to City. The purchase and sale agreement will be contingent on the household and housing unit meeting Program eligibility requirements and receiving Program loan approval. City verifies applicant eligibility, housing unit and loan eligibility and amount of assistance to be provided consistent with these guidelines.

D. At this point, an escrow account should be opened and a tentative date for closing shall be established. The applicant is required to place a minimum of $1,000 deposit in the escrow account and provide a receipt to City. The $1,000 must be applied towards the purchase price of the property and shall not be refunded to the buyer at the close of escrow. The purchase agreement shall be written in such a way that if the sale of the home does not come to completion, the deposited will be returned in full to the applicant. The Title Company is to provide a copy of the Preliminary Title Report. A forty-five to sixty-day escrow is required for all Homeownership loans. It’s the responsibility of the applicant to notify the City that escrow has been opened.

E. When all items are received, City submits a recommendation to the City Loan Advisory Committee (LAC) for approval or denial, including reasons for the recommendation. Any changes to the loan amount, term, rate, etc. on the primary loan shall be approved by the LAC. An exception to this rule would be if the interest rate should change before escrow closes due to unforeseen reason. If this should occur, the Manager Director of Business Assistance and Housing Development shall have the authority to accept minor changesd to the primary loan as long as the applicant still meets minimum housing expense ratio between 25% and 35% and the total debt to income (DTI) falls between 28% and 42%. , and does not exceed the HOME requirements stated in the current Notice of Funding Availability (NOFA).

E.

F. All properties must be inspected and cleared by the City prior to the close of escrow. It is the responsibility of the applicant/agent to schedule an appointment with the City. If the property is in need of repairs, a list of corrections or deficiencies will be submitted to the seller/agent. It will be the responsibility of the parties involved to make the necessary corrections prior to close of escrow. The property will also be inspected for lead based paint hazards.

Formatted: Indent: Left: 0"
Formatted: Justified, Indent: Left: 0", Hanging: 0.5",
Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.81" + Tab after:

1.06" + Indent at: 1.06", No widow/orphan control, Tab
stops: 0.5", List tab
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G. When requirements are met, program funds are deposited into escrow, with required closing instructions and loan documents.

H. At the time of escrow closing, the City shall be named as an additional loss payee on fire, flood (if required), and extended coverage insurance for the length of the loan and in an amount sufficient to cover all encumbrances or full replacement cost of the housing unit. A policy of Title Insurance naming the City as insured is also required.

1.4. HOMEBUYER COSTS
A. Eligible households must document that they have the funds necessary for down payment and closing costs as required by the Primary Lender and the City. The Program’s down payment requirement (below) is in place even if the Primary Lender has a lower down payment requirement. If the Primary Lender has a higher down payment requirement, there is no additional down payment requirement required by the Program.

B. Homebuyer must contribute a minimum down payment of $1,000 but may contribute more if desired.

C. City will not provide a subsidy that is greater than the amount of the primary mortgage. Additionally, City will not provide a loan greater than 45% of the purchase price or $100,000, whichever is less. The subsidy will write down the cost of the primary lender’s loan so that the payments of PITI are within approximately 25% to 35% of the gross household income. The City will determine the level of subsidy and affordability during underwriting of the Program’s loan to make sure that it conforms to the requirements of the HCD funding Program.

1.5. HOMEBUYER EDUCATION
Buying a home can be one of the most confusing and complicated transactions anyone can make. Providing the future homebuyer with informative homebuyer education training, can bring success to the City, the Program and most importantly, the homebuyer.

It has been documented that first-time homebuyers that have had homebuyer education have the ability to handle problems that occur with homeownership.

All Program participants are required to receive housing counseling prior to Program approval, delivered by a HUD-certified housing counselor who works for an organization certified by HUD to perform housing counseling. A list of such counseling entities is at https://apps.hud.gov/offices/hsg/sfh/hcc/hcs.cfm?searchstate=CA&filterLng=&filterSvc=&filter MultiState=&searchName=&searchCity=&searchZip=&searchService=PPC&searchLang=&search Affiliation=&webListAction=Search. See section 1.2.C above for housing counseling requirements.

1.6. CONFLICT OF INTEREST REQUIREMENTS
Field Code Changed
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When the City’s program contains Federal funds, the applicable Conflict of Interest requirements of 24 CFR Section 570.611 shall be followed for CDBG assistance. . Section

92.356 of the HOME Final Rule shall be followed for HOME assistance, as follows:
(a) Conflicts prohibited. No persons described in paragraph (b) of this section who exercises or has exercised any functions or responsibilities with respect to activities assisted with HOME CDBG funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOMECDBG-assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to the HOMECDBGassisted activity, or the proceeds from such activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. Immediate family ties include (whether by blood, marriage or adoption) the spouse, parent (including stepparent), child (including stepchild), brother, sister (including a stepbrother or stepsister), grandparent, grandchild and in-laws of a covered person. (b) Persons covered. The conflict-of-interest provisions of paragraph (a) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the participating jurisdiction, State recipient, or subrecipient which are receiving HOME CDBG funds.
(c) Exceptions: Threshold requirements. Upon the written request of the participating jurisdiction to HCD, HUD may grant an exception to the provisions of paragraph (a) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the HOME Investment PartnershipsCDBG Program and the effective and efficient administration of the participating jurisdiction's program or project. See 24 CFR

92.356(d)(1-6) for details on the documentation needed in order to submit an exception request to HUD.

A contractor with a vested interest in the property cannot bid on a rehabilitation job. Such a contractor may act as owner/builder, subject to standard construction procedures.

Owner/builders are reimbursed for materials purchased which are verified by invoice/receipt and used on the job. Reimbursement occurs after the installation is verified by the Program Operator to be part of the scope of work. Owner/builders are not reimbursed for labor.

1.7. NON-DISCRIMINATION REQUIREMENTS
The Program will be implemented in ways consistent with the City’s commitment to nondiscrimination. No person shall be excluded from participation in, denied the benefit of, or be subject to discrimination under any program or activity funded in whole or in part with State funds on the basis of his or her religion or religious affiliation, age, race, color, creed, gender, sexual orientation, marital status, familial status (children), physical or mental disability, national origin, or ancestry, or other arbitrary cause.

2.0 APPLICANT QUALIFICATIONS

2.1. CURRENT INCOME LIMITS FOR THE AREA, BY HOUSEHOLD SIZE All applicants must certify that they meet the household income eligibility requirements for the applicable HCD program(s) and have their household income documented. The Formatted: Not Highlight
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income limits in place at the time of loan approval will apply when determining applicant income eligibility. All applicants must have incomes at or below 80% of the County’s area median income (AMI), adjusted for household size, as published by HCD. (Attachment C).

Household: Means one or more persons who will occupy a housing unit. Unborn children count in family size determination.

Annual Income: Generally, the gross amount of income of all adult household members that is anticipated to be received during the coming 12-month period.

2.2. MINIMUM CREDIT SCORE
All applicants must have a minimum credit score of at least 620 and demonstrate the ability to receive a prime interest rate no more than 1% of the Fannie MaeFreddie Mac 90 day published rate.

Additionally, applicant can’t have had a Foreclosure or Bankruptcy in the past two (2) years.

2.3. INCOME QUALIFICATION CRITERIA
Projected annual gross income of the applicant household will be used to determine whether they are above or below the published HCD income limits. Income qualification criteria, as shown in the most recent HCD program-specific guidance at http://www.hcd.ca.gov/fa/cdbg/GuideFedPrograms.html, will be followed to independently determine and certify the household’s annual gross income. The City should compare this annual gross income to the income the Primary Lender used when qualifying the household. The Primary Lender is usually underwriting to FHA or conventional guidelines and may not calculate the household income or assets in the same way as required by the Program. Income will be verified by reviewing and documenting tax returns, copies of wage receipts, subsidy checks, bank statements and third-party verification of employment forms sent to employers. All documentation shall be dated within six months prior to loan closing and kept in the applicant file and held in strict confidence.

A. HOUSEHOLD INCOME DEFINITION:

Household income is the annual gross income of all adult household members that is projected to be received during the coming 12-month period and will be used to determine program eligibility. Refer to Income Inclusions and Exclusions for further guidance to the types of incomes to be included or excluded when calculating gross annual income. For those types of income counted, gross amounts (before any deductions have been taken) are used. Two types of income that are not considered would be income of minors and live-in aides. Certain other household members living apart from the household also require special consideration. The household’s projected ability to pay must be used, rather than past earnings, when calculating income.

The link to Annual Income Inclusions and Exclusions is:
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http://www.hcd.ca.gov/fa/cdbg/FedProgGuideDocs/AppendixB_AnnualIncomeInc lusionsExclusions.doc
See Attachment A: 24 CFR Part 5 Annual Income Inclusions and Exclusions B. ASSETS:

There is no asset limitation for participation in the Program. Income from assets, however, is recognized as part of annual income under the Part 5 definition. An asset is a cash or non-cash item that can be converted to cash. The value of necessary items such as furniture and automobiles are not included. (Note: it is the income earned – e.g. interest on a savings account – not the asset value, which is counted in annual income.)
An asset’s cash value is the market value less reasonable expenses required to convert the asset to cash, including, for example, penalties or fees for converting financial holdings, and costs for selling real property. The cash value (rather than the market value) of an item is counted as an asset.

The Link to Asset Inclusions and Exclusions is:
http://www.hcd.ca.gov/fa/cdbg/FedProgGuideDocs/AppendixC_AnnualIncomeAs setInclusionsExclusions.doc
See Attachment B: Part 5 Annual Income Net Family Asset Inclusions and Exclusions

2.4. DEFINITION OF AN ELIGIBLE HOMEBUYER
For CDBG, an eligible homebuyer means an individual or individuals or an individual and his or her spouse who meets the income eligibility requirements and is/are not currently on title to real property. Persons may be on title of a manufactured home unit, who are planning to sell the unit as part of buying a home located on real property. Documentation of homebuyer status will be required for all homebuyers. CDBG-funded programs may assist eligible homebuyers who are not “first-time” homebuyers.

HOME -funded Programs are required to use the following definition of an eligible homebuyer, which is a “first-time homebuyer” from 8201(l) Title 25 California Code of Regulations:
“First-time homebuyer” means an individual or individuals or an individual and his or her spouse who have not owned a home during the three-year period before the purchase of a home with subsidy assistance, except that the following individual or individuals may not be excluded from consideration as a first-time homebuyer under this definition:

1. a displaced homemaker who, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse. A displaced homemaker is an adult who has not, within the preceding two years, worked on a full-time basis as a member of the labor force for a consecutive twelve-month period and who has been unemployed or 162
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underemployed, experienced difficulty in obtaining or upgrading employment and worked primarily without remuneration to care for his or her home and family;

2. a single parent who, while married, owned a home with his or her spouse or resided in a home owned by the spouse. A single parent is an individual who is unmarried or legally separated from a spouse and has one or more minor children for whom the individual has custody or joint custody or is pregnant; or

3. an individual or individuals who owns or owned, as a principal residence during the three-year period before the purchase of a home with assistance, a dwelling unit whose structure is:
a. not permanently affixed to a permanent foundation in accordance with local or state regulations; or
b. not in compliance with state, local, or model building codes and cannot be brought into compliance with such codes for less than the cost of constructing a permanent structure.

3.0. HOUSING UNIT ELIGIBILITY

3.1. LOCATION AND CHARACTERISTICS
A. Housing units to be purchased must be located within the eligible area. The eligible area is described as follows: “Within the City-limits of Oroville”.

B. Housing unit types eligible for the homebuyer Program are new or previously owned single-family residences; condominiums; or manufactured homes in mobile home parks, in common-interest developments or on a single-family lot and placed on a permanent foundation system. HOME does not allow manufactured homes unless on a permanent foundation system.

B.

C. All housing units must be in compliance with State and local codes and ordinances.

D. Housing units located within a 100-year flood zone will be required to provide proof of flood insurance with an endorsement naming the City limits of Oroville as loss payee in order to close escrow.

E. Housing that is for acquisition by a family must meet the affordability requirements of this paragraph (a).
(1) The housing must be single-family housing.(2) The housing must be “modest” housing as follows:
(i) In the case of acquisition of newly constructed housing or standard housing, the housing has a purchase price for the type of single family housing that does not exceed 95 percent of the median purchase price for the area, as described in paragraph (a)(2)(iii) of this section.

Formatted
Formatted: Justified, Indent: Left: 0.5", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25", Tab stops: 0.5", List tab
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(ii) If a participating jurisdiction intends to use HOME funds for homebuyer assistance, the participating jurisdiction must use the HOME affordable homeownership limits provided by HUD for newly constructed housing and for existing housing. HUD will provide limits for affordable newly constructed housing based on 95 percent of the median purchase price for the area using Federal Housing Administration(FHA) single family mortgage program data for newly constructed housing, with a minimum limit based on 95 percent of the U.S. median purchase price for new construction for nonmetropolitan areas. HUD will provide limits for affordable existing housing based on 95 percent of the median purchase price for the area using Federal FHA single family mortgage program data for existing housing data and other appropriate data that are available nation-wide for sales of existing housing, with a minimum limit based on 95 percent of the state-wide nonmetropolitan area median purchase price using this data. In lieu of the limits provided by HUD, the participating jurisdiction may determine 95 percent of the median area purchase price for single family housing in the jurisdiction annually, as follows. The participating jurisdiction must set forth the price for different types of single family housing for the jurisdiction. The participating jurisdiction may determine separate limits for existing housing and newly constructed housing. For housing located outside of metropolitan areas, a State may aggregate sales data from more than one county, if the counties are contiguous and similarly situated. The following information must be included in the annual action plan of the Consolidated Plan submitted to HUD for review and updated in each action plan.

3.2. CONDITIONS
A. Construction Inspection and Determining Need for Repairs.

Once the participating homebuyer has executed a purchase agreement for a housing unit, and prior to a commitment of Program funds, the following steps must be taken for the housing unit to be eligible for purchase under the Program:
1) When the City’s Program utilizes Federal funds and if the housing unit was constructed prior to 1978 then the lead-based paint requirements of Section 3.2.C will apply.
2) The City or a certified housing inspector representative will walk through the housing unit, determine if it is structurally sound, and identify any code related and health and safety deficiencies that need to be corrected. A list of code related repair items will be given to the homebuyers and their Realtor to be negotiated with the seller. Only new construction and homes built within the previous 12 months and not previously occupied are not subject to a home inspection.
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3) Upon completion of all work required by the City, appraiser, pest inspector and/or certified housing inspector, a final inspection will be conducted prior to close of escrow. The inspector will sign off on all required construction work assuring that each housing unit receiving Program assistance is in compliance with local codes and health and safety requirements at the time of purchase and prior to occupancy.

B. Per Section 8208 of the State HOME regulations, no additional HOME assistance, including rehabilitation funds, may be provided during the period starting one year following the filing of the Project Completion Report through the end of the Affordability Period.

The HOME Affordability Period is as follows (amount does not include Activity Delivery Costs paid to the State Recipient by HCD):

Amount of HOME Assistance Period of Affordability in Years Under $15,000 5 years
$15,000 to $40,000 10 years
Over $40,000 15 years
C.B. Lead-Based Paint Hazards: All housing units built prior to 1978 for which HOME or CDBG funding is anticipated are subject to the requirements of this section

3.2.C. Such homes must undergo a visual assessment by a person who has taken HUD’s online Visual Assessment course. Deteriorated paint must be stabilized using work safe methods. Clearance must be obtained after paint stabilization by a DHS certified LBP Risk Assessor/Inspector. HOME and CDBG general administrative and activity delivery funds may be used to pay for lead-based paint visual assessments, and if lead mitigation and clearance costs are incurred, these programs may incorporate the costs into the calculation of Program assistance.

The following requirements must be met:
1) Notification: a) Prior to homebuyer’s obligation to purchase a pre-1978 home, the Buyer will be given the most recent copy of and asked to read the EPA pamphlet “Protect Your Family from Lead in Your Home” (EPA 747-K-94-001). A signed receipt of the pamphlet will be kept in the Sponsor’s homebuyer file; b) A notice to residents is required following a risk assessment/inspection using form DHS 8552, which is provided by the DHS-certified Risk Assessor/Inspector; c) a notice to residents is required following lead-based paint mitigation work using Visual Assessment and Lead-based Paint Notice of Presumption and Hazard Reduction form, LBP – 1 (Attachment H).
2)c. Disclosure: Prior to the homebuyer’s obligation to purchase a pre-1978 housing unit, the HUD disclosure (Attachment E), “Seller’s Lead-based Paint Disclosure” notice must be provided by the seller to the homebuyer.

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3) Inspections: The Inspector shall conduct a “Visual Assessment” of all the dwelling unit’s painted surfaces in order to identify deteriorated paint. All deteriorated paint will be stabilized in accordance with CFR 35.1330 (a) and (b); and a Clearance shall be made in accordance with CFR 35.1340. 4) Mitigation: If stabilization is required, the contractor performing the mitigation work must use appropriately trained workers. Prior to the contractor starting mitigation work the Program Operator shall obtain copies of the contractor’s and workers’ appropriate proof of LBP training, as applicable to the job in order to assure that only qualified contractors and workers are allowed to perform the mitigation.

D.C. The City will: 1) confirm that the housing unit is within the eligible area, 2) will review each proposed housing unit to ensure that it meets all eligibility criteria before funding, and 3) ensure a completed Lead Compliance Document Checklist is placed in each purchaser’s file (see Attachment I).

3.3 ANTI-DISPLACEMENT POLICY AND RELOCATION ASSISTANCE
Eligible homes will be those that are currently owner-occupied or have been vacant for three months prior to the acceptance of a contract to purchase. A unit is ineligible if its purchase would result in the displacement of a tenant. It is not anticipated that the implementation of the Program will result in the displacement of any persons, households, or families. However, if tenant-occupied homes are included in the Program and relocation becomes necessary, the activity will be carried out in compliance with City’s relocation plan, which describes how those permanently displaced will be relocated and paid benefits in accordance with the following Federal laws.

A. Uniform Relocation Assistance (URA) and Real Property Acquisition Policies Act of 1970
The federal URA and Real Property Acquisition Policies, as amended by the URA Amendments of 1987, contains requirements for carrying out real property acquisition or the displacement of a person, regardless of income status, for a project or program for which HUD financial assistance (including CDBG and HOME) is provided. Requirements governing real property acquisition are described in Chapter VIII. The implementing regulations, 49 CFR Part 24, require developers and owners to take certain steps in regard to tenants of housing to be acquired, rehabbed or demolished, including tenants who will not be relocated even temporarily.

B. Section104(d) of the Housing and Community Development Act of 1974 Section 104(d) requires each contractor (CHDO or State Recipient), as a condition of receiving assistance under HOME or CDBG, to certify that it is following a residential anti-displacement plan and relocation assistance plan. Section 104(d) Formatted: Indent: Left: 1", Hanging: 0.25"
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also requires relocation benefits to be provided to low-income persons who are physically displaced or economically displaced as the result of a HOME or CDBG assisted project, and requires the replacement of low-income housing, which is demolished or converted. The implementing regulations for Section 104(d) can be found in 24 CFR Part 570(a).

3.4. PROPER NOTIFICATION AND DISCLOSURES
A. Upon selection of a housing unit, a qualified seller and homebuyer will be given the necessary disclosures for the Program. The homebuyer must have read and signed all Program disclosure forms. Any and all property disclosures must be reviewed and signed by the homebuyer and seller.

B. All owners who wish to sell their housing units must receive an acquisition notice (Attachment F) prior to submission of the homebuyer’s original offer. This notice will be included in the contract and must be signed by all owners on title. The disclosure must contain the items listed in 1.3.B. (required for federally-funded programs).

4.0. PURCHASE PRICE LIMITS
The purchase price limits for this Program shall not exceed the Maximum HOME Program Purchase Price/After-Rehab Value Limit for Sponsor’s County as updated by HCD.

Note: For HOME and CDBG-funded Programs the value cannot exceed the Maximum Purchase Price/After-Rehabilitation Value Limits as established by HCD and HUD.

Attachment C: MAXIMUM PURCHASE PRICE/AFTER-REHAB VALUE LIMITS *City will update these limits annually as HCD provides new information.

5.0. THE PRIMARY LOAN
Prior to obtaining a loan from the City, a homebuyer must provide evidence of financing for the maximum amount the Primary Lender is willing to loan (the “primary loan”).

A. QUALIFYING RATIOS
The front-end (housing) debt-to-income ratio shall be between 25% and 35% and is the percentage of a borrower’s gross monthly income (before deductions) that would cover the cost of the loan principal and interest payment, property taxes, property insurance, mortgage insurance, and HOA dues, if any.

The back-end (total) debt-to-income ratio shall be between 28% and 42% and is the percentage of a borrower’s gross monthly income that would cover the cost of housing as described in the paragraph above, plus any other monthly debt payments like car or personal loans and credit card debt, as well as child support and alimony payments.

B. INTEREST RATE
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The primary loan must have a fixed interest rate that does not exceed, by greater than one percent, the FNMA Freddie Mac 90-day rate, found at:
https://singlefamily.fanniemae.com/pricing-execution/historical-daily-required-net-yields. https://www.freddiemac.com/pmms
The applicable FNMA Freddie Mac rate should be from the date the primary mortgage rate was locked, or else the date of loan approval. No temporary interest rate buy-downs are permitted.

C. LOAN TYPE AND TERM
The primary loan shall be fully amortized and have a term “all due and payable” in no fewer than 30 years. There shall not be a balloon payment due before the maturity date of the Program loan. Additionally, stated income, adjustable rate mortgage, interest only and balloon payments due before maturity date are not allowed.

D. IMPOUND ACCOUNT
All households will be required to have impound accounts for the payment of taxes and insurance to ensure they remain current.

6.0. THE PROGRAM LOAN
The amount of Program assistance to a homebuyer toward purchase of a home shall not exceed the maximum HOMEHOME subsidy limit for City’s County per bedroom per the HCD website at http://www.hcd.ca.gov/financial-assistance/home-investmentpartnerships-program/homelimits.html and shall never exceed the amount of the primary mortgage. See Attachment C of these Program Guidelines for current limits.

Any approved “grant” amount for lead-based paint evaluation and reduction activities or for relocation assistance shall be included in this amount, as shall Activity Delivery Costs.

B. NON-RECURRING CLOSING COSTS
Non-recurring costs such as credit report, escrow, closing and recording fees, and title report and title insurance, title updates and/or related costs may be included in the Program loan.

C. AFFORDABILITY PARAMETERS FOR HOMEBUYERS
The actual amount of a buyer’s Program subsidy shall be computed according to the housing ratio parameters specified in Section 5.0.A. Each borrower shall receive only the subsidy needed to allow them to become homeowners (“the Gap”) while keeping their housing costs affordable. The City will use the “front-end ratio” of housing-expense-toincome to determine if the amount of the proposed primary loan is acceptable and, ultimately, the Program subsidy amount required, bridging the gap between the acquisition cost (purchase price plus closing costs) less down payment, and the amount of the primary loan.

D. RATE AND TERMS FOR PROGRAM LOAN
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All Program assistance to individual households shall be made in the form of deferred payment (interest and principal) loan (DPL).

The Program loan’s term shall be for at least as long as the primary loan. The interest rate shall be 3% simple interest per annum for the first fifteen (15) years of the term. On the fifteenth (15th) year following the date of the loan execution, simple interest will stop accruing and 50% of the interest accrued thus far will be forgiven. On the twentieth (20th) year following the date of loan execution, all interest shall be forgiven and only the principal loan amount is due.

All Program loan payments shall be deferred because the borrowers will have their repayment ability fully utilized under the primary loan. Loan principal shall not be forgiven, and the loan period cannot be extended, except for loans that are resubordinated when a rate and term refinance is approved, per Attachment D.

E. COMBINED LOAN-TO-VALUE RATIO
The loan-to-value ratio for a Program loan, when combined with all other indebtedness to be secured by the property, shall not exceed 100 percent of the sales price plus a maximum of up to 5 percent of the sales price to cover actual closing costs.

6.1 LOAN ADVISORY COMMITTEE PURPOSE AND COMPOSITION

1. Loan Advisory Committee Purpose- the function of the LAC will be to review and act on applications for financing recommended by the Housing staff. The LAC shall specifically review funding proposals and base their recommendation on eligibility, compliance with all program requirements, consistency of staff recommendations regarding the type of assistance. The LAC will also review/approve program guidelines changes and make recommendation to council to approve or deny the changes.

2. Composition- The LAC will consist of three (3) members of the City Council to be appointed by majority vote of the City Council for a maximum two-year term; two (2) individuals that reside in the Oroville City limits and/or own a business or work within the City Limits of Oroville., to be appointed by majority vote of the City Council for a maximum two-year term; two (2) individual alternates to be appointed by the City Council. The Manager of Housing exofficio member without a vote. Terms may be extended by a majority vote of the City Council

7.0. PROGRAM LOAN REPAYMENT

7.1. PAYMENTS ARE VOLUNTARY
Borrowers may begin making voluntary payments at any time with no penalty to the borrower.

7.2. RECEIVING LOAN PAYMENTS
A. Program loan payments will be made to:

City of Oroville
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Business Assistance and Housing Development
1735 Montgomery St.

Oroville CA 95965
B. The City will be the receiver of loan payments or recaptured funds and will maintain a financial record-keeping system to record payments and file statements on payment status. Payments shall be deposited and accounted for in the City’s CDBG Program Income Account, as required by HCD programs. The Program lender will accept loan payments from borrowers prepaying deferred loans, and from borrowers making payments in full upon sale or transfer of the property. All loan payments are payable to the City. The City may at its discretion, enter into an agreement with a third party to collect and distribute payments and/or complete all loan servicing aspects of the Program.

7.3. DUE UPON SALE OR TRANSFER
In the event that an owner sells, transfers title, or discontinues residence in the purchased property for any reason, the principal balance of the DPL is due and payable, except:

A. The owner shall be assured a fair return on investment including the owner’s investment and any capital improvement. If the Net proceeds are insufficient for the City to recapture the balance of Program Loan owed, the City shall share the Net proceeds with the owner in proportion to each party’s investment in the property. The Net proceeds are the sales price less repayment of the primary loan, and closing costs.

B. If the owner of the property dies, and the heir to the property meets income requirements, the First-Time Homebuyer definition, and intends to occupy the home as a principal residence, the heir may be permitted, upon approval of the City, to assume the loan at the rate and terms the heir qualifies for under the current participation guidelines. If the property owner dies and the heir does not meet eligibility requirements, the loan is due and payable.

C. If an owner wants to convert the property to a rental unit, or any commercial or non-residential use, the loan is due and payable.

D. The loan will be in default if the borrower fails to maintain required fire or flood insurance or fails to pay property taxes. See Attachment D on loan defaults for further information on property restrictions.

7.4. LOAN SERVICING POLICIES AND PROCEDURES
See Attachment D for local loan servicing policies and procedures. While the attached policy outlines a system that can accommodate a crisis that restricts borrower repayment ability, it should in no way be misunderstood: The loan must be repaid. All legal means to ensure the repayment of a delinquent loan as outlined in the Loan Servicing Policies and Procedures will be pursued.

7.5. LOAN MONITORING PROCEDURES
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City will monitor Borrowers and their housing units annually to ensure adherence to Program requirements including, but not limited to, the following:

A. Owner-occupancy
B. Property tax payment
C. Hazard insurance coverage
D. Good standing on Primary loans
E. General upkeep of housing units

8.0. PROGRAM LOAN PROCESSING AND APPROVAL
A. Loan Processing
All homebuyers or their representatives will be sent out an eligibility packet with all the necessary forms, disclosures, information, and application. They should submit a complete application packet with all the City’s Program loan documents executed as well as all the information from the Primary Lender. The Primary Lender should submit: 1) accepted property sales contract with proper seller notification; 2) mortgage application with good faith estimates and first mortgage disclosures; 3) full mortgage credit report and rent verification; 4) current third party income verifications and verifications of assets; 5) homeownership education certificate, if applicable; and 6) signed underwriting transmittal summary and final signed loan application, both from primary lender. Staff will work with local lenders to ensure qualified participants receive only the benefit from the City’s Program needed to purchase the housing unit and that leveraged funds will be used when possible.

B. Creditworthiness
Qualifying ratios are only a rough guideline in determining a potential borrower’s creditworthiness. Many factors such as excellent or poor credit history, amount of down payment, and size of loan will influence the decision to approve or disapprove a particular loan. The borrower’s credit history will be reviewed by the City and documentation of such maintained in the loan file. The City may elect to obtain a credit report or rely on a current copy obtained by the primary lender.

C. Documents from Primary Lender
After initial review of the qualified homebuyer's application packet, the City will request any additional documents needed. Documents may be faxed, but originals shall be received through the mail before Program funds are committed to escrow.

Based on receipt and review of the final documents, the City will do an income certification (using most recent HCD program’s guidance on income calculation and determination), and homebuyer certification (review of credit report and income taxes). Documentation of affordability will then be verified and subsidy requirement determined.

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qualifications of the borrower with and without Program assistance. Housing ratios with and without Program assistance are also outlined in these guidelines.

Information on the Program’s application will be documented with third party verifications in the file. For example, the sales contact will provide the final purchase price and outline how much of the closing costs are to be paid by the seller, etc. The appraisal, termite and title report will provide information to substantiate the information in the sales contract and guide the construction inspection. The Program loan application will provide current debt and housing information and will be documented by the credit report and income/asset verifications. The Primary Lender’s approval letter and estimated closing cost statement should reflect all the information in the loan package and show any contingencies of loan funding. Reviewing the Primary Lender’s loan underwriting documentation will provide basic information about the qualification of the applicant and substantiate the affordability provided by the Program loan. By reviewing and crosschecking all the Primary Lender information, the final Program loan amount approved will fall within the affordability parameters of the Program.

8.1. COMPLETION OF UNDERWRITING AND APPROVAL OF PROGRAM LOAN Once the loan approval package has been completed City will review the request and may approve it with or without conditions. Upon approval, a final closing date for escrow is set and Program funds are accessed for the homebuyer.

8.2. PRIMARY AND PROGRAM LOAN DOCUMENT SIGNING
The homebuyer(s) sign promissory notes, loan agreements, deeds of trust, and statutory lending notices (Truth In Lending (TIL), etc.); the Deeds of Trust are recorded with the County Clerk/Recorder at the same time, and the request(s) for copy of Notice of Default are also recorded with the County Clerk/Recorder.

8.3. ESCROW PROCEDURES
The escrow/title company shall review the escrow instruction provided by the Program lender and shall issue a California Land Title Association (CLTA) and the American Land Title Association (ALTA) after closing. The CLTA policy is issued to the homebuyer and protects them against failure of title based on public records and against such unrecorded risks as forgery of a deed. The ALTA is issued to each lender providing additional coverage for the physical aspects of the property as well as the homebuyer’s title failure.

These aspects include anything which can be determined by only physical inspection, such as correct survey lines; encroachments; mechanics liens; mining claims and water rights. The Program lender instructs the escrow/title company in the escrow instructions as to what may show on the policy; the amount of insurance on the policy (all liens should be covered) and the loss payee (each lender should be listed as a loss payee and receive an original ALTA).

9.0. SUBORDINATE FINANCING
With today’s high costs, in order for a low-income household to obtain a home, several funding sources might be required. Subordinate loans may be used to cover mortgage subsidy costs that exceed the Program maximum loan amount. All subordinate liens must have the payments deferred and the term must be for at least as long as the term of the 172
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Program loan.

10.0. EXCEPTIONS AND SPECIAL CIRCUMSTANCES
The City may make amendments to these Participation Guidelines. Any changes shall be made in accordance with regulations and approved by the City Council. Changes shall then be sent to HCD for approval.

10.1. DEFINITION OF EXCEPTION
Any case to which a standard policy or procedure, as stated in the guidelines, does not apply or an applicant treated differently from others of the same class would be an exception.

10.2. PROCEDURES FOR EXCEPTIONAL CIRCUMSTANCES
A. The City or its agent may initiate consideration of an exception and prepare a report. This report shall contain a narrative, including the City’s recommended course of action and any written or verbal information supplied by the applicant.

B. The City shall make a determination of the exception. The request can be presented to the City’s loan committee and/or governing body for a decision.

11.0. DISPUTE RESOLUTION AND APPEALS PROCEDURE
Any applicant denied assistance from the Program has the right to appeal. Complaints concerning the Program should be made to the City first. If unresolved in this manner, the complaint or appeal must be made in writing and filed with the City. The City will then schedule a meeting with the Loan Review Committee. Their written response will be made within thirty (30) working days. If the applicant is not satisfied with the Committee's decision, a request for an appeal may be filed with the City’s governing body. Final appeal must be filed in writing with HCD within one year after denial.

The Appeals Board is made up of three (3) members, consisting of the Mayor and two (2) City Council members to be appointed by the Mayor. The two council members appointed by the Mayor cannot be the same as the LAC members.
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ATTACHMENT A
24 CFR Part 5 ANNUAL INCOME INCLUSIONS AND EXCLUSIONS
Part 5 Inclusions
This table presents the Part 5 income inclusions as stated in the HUD Technical Guide for Determining Income and Allowances for HOME Program (Third Edition; January 2005).

General Category (Last Modified: January 2005)

1. Income from
wages, salaries,
tips, etc.

The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services.

2. Business Income
The net income from the operation of a business or profession.

Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income.

An allowance for depreciation of assets used in a business or profession may be deducted, based on straight-line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family.

3. Interest &
Dividend Income
Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in number 2 (above). Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD.

4. Retirement &
Insurance Income
The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic payment (except for certain exclusions, listed in Income Exclusions, number 14).

5. Unemployment &
Disability Income
Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (except for certain exclusions, listed in Income Exclusions, number 3).

6. Welfare
Assistance
Welfare Assistance. Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income:
• Qualify as assistance under the TANF program definition at 45 CFR 260.31; and
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• Are otherwise excluded from the calculation of annual income per 24 CFR 5.609(c).

If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of:
• the amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus:
• the maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family welfare assistance is reduced from the standard of need by applying a percentage, the amount calculated under 24 CFR 5.609 shall be the amount resulting from one application of the percentage.

7. Alimony, Child
Support, & Gift
Income
Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling.

8. Armed Forces
Income
All regular pay, special day, and allowances of a member of the Armed Forces (except as provided in number 8 of Income Exclusions).

Part 5 exclusions
This table presents the Part 5 income exclusions as stated in the HUD Technical Guide for Determining Income and Allowances for HOME Program (Third Edition; January 2005).

General Category (Last Modified: January 2005)

1. Income of
Children
Income from employment of children (including foster children) under the age of 18 years.

2. Foster Care
Payments
Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone).

3. Inheritance and
Insurance Income
Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains, and settlement for personal or property losses (except for certain exclusions, listed in Income Inclusions, number 5).

4. Medical Expense
Reimbursements
Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member.

5. Income of Live-in
Aides Income of a live-in aide (as defined in 24 CFR5.403).

6. Income from a
Disabled Member
Certain increase in income of a disabled member of qualified families residing in HOME-assisted housing or receiving HOME tenant-based rental assistance (24 CFR 5.671 (a)).

7. Student Financial
Aid
The full amount of student financial assistance paid directly to the student or to the educational institution.
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8. "Hostile Fire" Pay The special pay to a family member serving in the Armed Forces who is exposed to hostile fire.

9. Self-Sufficiency
Program Income
a. Amounts received under training programs funded by HUD. b. Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set side for use under a Plan to Attain Self-Sufficiency (PASS). c. Amounts received by a participant in other publicly assisted programs that are specifically for, or in reimbursement of, out-ofpocket expenses incurred (special equipment, clothing, transportation, childcare, etc.) and which are made solely to allow participation in a specific program.
d. Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving s a member of the PHA’s governing board. No resident may receive more than one such stipend during the same period of time.
e. Incremental earnings and benefits resulting to any family member from participation in qualifying state or local
employment training programs (including training not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment-training program.

10. Gifts Temporary, nonrecurring, or sporadic income (including gifts).

11. Reparation
Payments
Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era.

12. Income from
Full-time Students
Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household or spouse).

13. Adoption
Assistance
Payments
Adoption assistance payments in excess of $480 per adopted child.

14. Social Security
& SSI Income
Deferred periodic amounts from supplemental security income and social security benefits that are received in a lump sum amount or in prospective monthly amounts.

15. Property Tax
Refunds
Amounts received by the family in the form of refunds or rebates under state or local law for property taxes paid on the dwelling unit. 176
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16. Home Care
Assistance
Amounts paid by a state agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep this developmentally disabled family member at home.

17. Other Federal
Exclusions
Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the Federal Register and distributed to housing owners identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary. The following is a list of income sources that qualify for that exclusion:

The value of the allotment provided to an eligible household under the Food Stamp Act of 1977;
Payments to volunteers under the Domestic Volunteer Service Act of 1973 (employment through AmeriCorps, VISTA, Retired Senior Volunteer Program, Foster Grandparents Program, youthful offender incarceration alternatives, senior companions); Payments received under the Alaskan Native Claims Settlement Act;
Income derived from the disposition of funds to the Grand River Band of Ottawa Indians;
Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes;
Payments or allowances made under the Department of Health and Human Services’ Low-Income Home Energy Assistance Program.

Payments received under the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1721);
The first $2,000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the U.S. Claims Court and the interests of individual Indians in trust or restricted lands, including the first $2,000 per year of income received by individual Indians from funds derived from interests held in such trust or restricted lands;
Amounts of scholarships funded under Title IV of the Higher Education Act of 1965, including awards under the Federal workstudy program or under the Bureau of Indian Affairs student assistance programs;
Payments received from programs funded under Title V of the Older Americans Act of 1985 (Green Thumb, Senior Aides, Older American Community Service Employment Program);
Payments received on or after January 1, 1989, from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.);
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Earned income tax credit refund payments received on or after January 1, 1991, including advanced earned income credit payments;
The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990;
Payments received under programs funded in whole or in part under the Job Training Partnership Act (employment and training programs for Native Americans and migrant and seasonal farm workers, Job Corps, veterans employment programs, state job training programs and career intern programs, AmeriCorps).

Payments by the Indians Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation;
Allowances, earnings, and payments to AmeriCorps participants under the National and Community Services Act of 1990;
Any allowance paid under the provisions of 38 U.S.C. 1805 to a child suffering from spina bifida who is the child of a Vietnam veteran;
Any amount of crime victim compensation (under the Victims of Crime Act) received through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims of Crime Act because of the commission of a crime against the applicant under the Victims of Crime Act; and Allowances, earnings, and payments to individuals participating in programs under the Workforce Investment Act of 1998.
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ATTACHMENT B
PART 5 ANNUAL INCOME NET FAMILY ASSET INCLUSIONS AND EXCLUSIONS This table presents the Part 5 asset inclusions and exclusions as stated in the HUD Technical Guide for Determining Income and Allowances for HOME Program (Third Edition; January 2005).

Statements from 24 CFR Part 5 – Last Modified: January 2005 Inclusions

1. Cash held in savings accounts, checking accounts, safe deposit boxes, homes, etc. For savings accounts, use the current balance. For checking accounts, use the average 6-month balance.

Assets held in foreign countries are considered assets.

2. Cash value of revocable trusts available to the applicant.

3. Equity in rental property or other capital investments. Equity is the estimated current market value of the asset less the unpaid balance on all loans secured by the asset and all reasonable costs (e.g., broker fees) that would be incurred in selling the asset. Under HOME, equity in the family's primary residence is not considered in the calculation of assets for owner-occupied rehabilitation projects.

4. Cash value of stocks, bonds, Treasury bills, certificates of deposit and money market accounts.

5. Individual retirement, 401(K), and Keogh accounts (even though withdrawal would result in a penalty).

6. Retirement and pension funds.

7. Cash value of life insurance policies available to the individual before death (e.g., surrender value of a whole life or universal life policy).

8. Personal property held as an investment such as gems, jewelry, coin collections, antique cars, etc.

9. Lump sum or one-time receipts, such as inheritances, capital gains, lottery winnings, victim's restitution, insurance settlements and other amounts not intended as periodic payments.

10. Mortgages or deeds of trust held by an applicant.

Exclusions

1. Necessary personal property, except as noted in number 8 of Inclusions, such as clothing, furniture, cars and vehicles specially equipped for persons with disabilities.

2. Interest in Indian trust lands.

3. Assets not effectively owned by the applicant. That is, when assets are held in an individual's name, but the assets and any income they earn accrue to the benefit of someone else who is not a member of the household and that other person is responsible for income taxes incurred on income generated by the asset.

4. Equity in cooperatives in which the family lives.

5. Assets not accessible to and that provide no income for the applicant.

6. Term life insurance policies (i.e., where there is no cash value).

7. Assets that are part of an active business. "Business" does not include rental of properties that are held as an investment and not a main occupation.
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ATTACHMENT C

MAXIMUM PURCHASE PRICE/AFTER-REHAB VALUE LIMIT FOR CITY OF OROVILLE (HOME Value Limits as of 6/1/202109/1/2024)

EXISTING

CONSTRUCTION
NEW
CONSTRUCTION (less
than 12 months old)
$314,000
$398,000$375,000
$314,000
$398,000$392,000

HOME SUBSIDY LIMITS PER UNIT FOR CITY OF OROVILLE
(Limits are effective 6/2/202004/07/2023)
O-BDR 1-BDR 2-BDR 3-BDR 4 & 5-BDR
$153,314173,
011
$175,752198,
331
$213,718241,1
76 $276,482312,0
05 $303,490342,
482
INCOME LIMITS FOR CITY OF OROVILLE*
(Limits became effective 6/1/2021 5/1/2024(CDBG) and 7/1/2020(HOME) Number of Persons in Household
1 2 3 4 5 6 7 8
80% of
AMI
$39,050
$50,750
$44,600
$58,000
$50,200
$65,250
$55,750
$72,500
$60,250
$78,300
$64,700
$84,100
$69,150
$89,900
$73,600
$95,700
*Sponsor will insert the limits for the county in which the Program is located and will update the income limits annually as HCD provides new information. The link to the official, HCD-maintained, income limits is: http://www.hcd.ca.gov/grants-funding/incomelimits/state-and-federal-income-limits.shtml (choose CDBG and HOME limits, not State limits.)

SPONSOR STANDARDS FOR BEDROOMS AND BATHROOMS TO PREVENT

OVERCROWDING
Maximum No. of
Persons in the
Household
Number of
Bedrooms
Number of
Bathrooms
1 SRO 1
1 0-BR 1
2 1-BR 1
4 2-BR 2
6 3-BR 2
8 4-BR 3
10 5-BR 3
12 6-BR 4
• Children may share a bedroom, up to 2 children per bedroom. 180
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• Children shall be permitted a separate bedroom from their parents. (See additional guidance on next page)
• 4 or more people – a second bathroom is allowable.
• 8 or more people – a third bathroom is allowable.
• Same rules apply to mobile home units.
• Adults not in a partner relationship may have their own bedroom The chart above is used as a guide to overcrowding.
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ATTACHMENT D

LOAN SERVICING POLICIES AND PROCEDURES

FOR CITY OF OROVILLE
The City of Oroville, hereafter called “Lender,” has adopted these policies and procedures in order to preserve its financial interest in properties whose “Borrowers” have been assisted with public funds. The Lender will to the greatest extent possible follow these policies and procedures, but each loan will be evaluated and handled on a case-by-case basis. The Lender has formulated this document to comply with state and federal regulations regarding the use of these public funds and any property restrictions, which are associated with them.

The policies and procedures are broken down into the following areas: 1) making required monthly payments or voluntary payments on a loan’s principal and interest; 2) required payment of property taxes and insurance; 3) required Request for Notice of Default on all second mortgages; 4) loans with annual occupancy restrictions and certifications 5) required noticing and limitations on any changes in title or use of property; 6) required noticing and process for requesting a subordination during a refinance; 7) processing of foreclosure in case of default on the loan.

1. Loan Repayments:

The Lender will collect monthly payments from those borrowers who are obligated to do so under Notes which are amortized promissory notes. Late fees will be charged for payments received after the assigned monthly due date.

For Notes which are deferred payment loans, the Lender must accept voluntary payments on the loan. Loan payments will be credited to principal. The Borrower may repay the loan balance at any time with no penalty.

2. Payment of Property Taxes and Insurance:

As part of keeping the loan from going into default, borrower must maintain property insurance coverage naming the Lender as loss payee. Except for HOME-funded loans, Iif borrower fails to maintain the necessary insurance, the Lender may take out force placed insurance to cover the property while the Borrower puts a new insurance policy in place. All costs for installing the necessary insurance will be added to the loan balance at time of installation of Borrower’s new insurance.

When a property is located in a 100-year flood plain, the Borrower will be required to carry the necessary flood insurance. A certificate of insurance for flood and for standard property insurance with an endorsement naming the City of Oroville as lender loss payee will be required at close of escrow. The lender will verify the insurance on an annual basis.

Property taxes must be kept current during the term of the loan. If the Borrower fails to maintain payment of property taxes then the lender may pay the taxes current and add the balance of the tax payment plus any penalties to the balance of the loan (not permissible when funded with HOME). Wherever possible, the Lender encourages Borrower to have impound accounts set up with their first mortgagee wherein they pay their taxes and insurance as part of their monthly mortgage payment.

3. Required Request for Notice of Default:
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When the Borrower’s loan is in second position behind an existing first mortgage, it is the Lender's policy to prepare and record a "Request for Notice of Default" for each senior lien in front of Lender’s loan. This document requires any senior lienholder listed in the notice to notify the lender of initiation of a foreclosure action. The Lender will then have time to contact the Borrower and assist them in bringing the first loan current, if possible. The Lender can also monitor the foreclosure process and go through the necessary analysis to determine if the loan can be made whole or preserved. When the Lender is in a third position and receives notification of foreclosure from only one senior lienholder, it is in their best interest to contact any other senior lienholders regarding the status of their loans.

4. Annual Occupancy Restrictions and Certifications:

On owner-occupant loans, the Lender will require that Borrowers submit utility bills and/or other documentation annually to prove occupancy during the term of the loan. For CDBG, some loans may have income and housing cost evaluations, which require a household to document that they are not able to make amortized loan payments, typically every five years. These loan terms are incorporated in the original Note and Deed of Trust. On HOME-funded loans, annual occupancy verification will occur between January 1 and June 30 of each year.

5. Required Noticing and Restrictions on Any Changes of Title or Occupancy:

In all cases where there is a change in title or occupancy or use, the Borrower must notify the Lender in writing of any change. Lender and Borrower will work together to ensure the property is kept in compliance with the original Program terms and conditions such that it remains available as an affordable home for low-income families. These types of changes are typical when Borrowers do estate planning (adding a relative to title) or if a Borrower dies and property is transferred to heirs or when the property is sold or transferred as part of a business transaction.

In some cases, the Borrower may move and turn the property into a rental unit without notifying the Lender. Changes in title or occupancy must be in keeping with the objective of benefit to lowincome households (below 80 percent of AMI).

Change from owner-occupant to owner-occupant occurs at a sale. When a new owner-occupant is not low-income, the loan is not assumable and the loan balance is immediately due and payable. If the new owner-occupant qualifies as low-income, the purchaser may either pay the loan in full or assume all loan repayment obligations of the original owner-occupant, subject to the approval of the Lender’s Loan Committee (depends on the HCD program).

If a transfer of the property occurs through inheritance, the heir (as owner-occupant) may be provided the opportunity to assume the loan at an interest rate based on household size and household income, provided the heir is income eligible. If the heir intends to occupy the property and is not low-income, the balance of the loan is due and payable. For CDBG only, if the heir intends to act as an owner-investor (not permitted under HOME), the balance of the loan may be converted to an owner/investor interest rate and loan term and a rent limitation agreement is signed and recorded on title. All such changes are subject to the review and approval of the Lender’s Loan Committee.

Change from owner-occupant to owner-investor occurs when an owner-occupant decides to move out and rent the assisted property, or if the property is sold to an investor. If the owner converts any assisted unit from owner-occupied to rental, the loan is due in full. 183
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Conversion to use other than residential use is not allowable where the full use of the property is changed from residential to commercial or other. In some cases, Borrowers may request that the Lender allow for a partial conversion where some of the residence is used for a business but the household still resides in the property. Partial conversions can be allowed if it is reviewed and approved by any and all agencies required by local statute. If the use of the property is converted to a fully non-residential use, the loan balance is due and payable.

6. Requests for Subordinations:

When a Borrower wishes to refinance their existing first mortgage, they must submit a subordination request to the Sponsor. The Sponsor will subordinate their loan only when there is no “cash out” as part of the refinance. No cash out means there are no additional charges on the transaction above loan and escrow closing fees. There can be no third-party debt payoffs or additional encumbrances on the property above traditional refinance transaction costs. The refinance should lower the existing housing cost of the household. The total indebtedness on the property should not exceed the current market value except when the borrower is obtaining a HARP II or other similar federally approved refinance loan. If the HARP II or other similar financing is approved and meets all other requirements, combined Loan-To-Value will not be considered when reviewing the subordination request.

Also, the loan must:

1. be fully amortized and have a fixed interest rate that does not exceed the current market rate, as established by an index identified in the most recent NOFA;

2. not have a temporary interest rate buy-down;

3. have a term “all due and payable” that matures prior to or concurrently with the maturity date of the Promissory Note. Therefore, the maturity date of the existing Promissory Note should be modified to coincide with the maturity date of the new first mortgage; and,

4. not have a balloon payment due before the maturity date of the Program loan.

Upon receiving the proper documentation from the refinance lender, the request will be considered by the Manager of Business Assistance and Housing Development for review and approval. Upon approval, the escrow company will provide the proper subordination document for execution and recordation by the Sponsor.

7. Process for Loan Foreclosure:

Upon any condition of loan default: 1) non-payment; 2) lack of insurance or property tax payment; 3) change in title or use without approval; 4) default on senior loans, the Lender will send out a letter to the Borrower notifying them of the default situation. If the default situation continues then the Lender may start a formal process of foreclosure.

When a senior lienholder starts a foreclosure process and the Lender is notified via a Request for Notice of Default, the Lender, who is the junior lienholder, may cancel the foreclosure proceedings by "reinstating" the senior lienholder. The reinstatement amount or payoff amount must be obtained by contacting the senior lienholder. This amount will include all delinquent payments, late charges and fees to date. Lender must confer with Borrower to determine if, upon paying the senior lienholder current, the Borrower can provide future payments. If this is the case, then the Lender may cure the foreclosure and add the costs to the balance of the loan with a Notice of Additional Advance on the existing note.
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If the Lender determines, based on information on the reinstatement amount and status of Borrower, that bringing the loan current will not preserve the loan, then staff must determine if it is cost effective to protect their position by paying off the senior lienholder in total and restructure the debt such that the unit is made affordable to the Borrower. If the Lender does not have sufficient funds to pay the senior lienholder in full, then they may choose to cure the senior lienholder and foreclose on the property themselves. As long as there is sufficient value in the property, the Lender can afford to pay for the foreclosure process and pay off the senior lienholder and retain some or all of their investment.

If the Lender decides to reinstate, the senior lienholder will accept the amount to reinstate the loan up until five (5) days prior to the set "foreclosure sale date." This "foreclosure sale date" usually occurs about four (4) to six (6) months from the date of recording of the "Notice of Default." If the Lender fails to reinstate the senior lienholder before five (5) days prior to the foreclosure sale date, the senior lienholder would then require a full pay off of the balance, plus costs, to cancel foreclosure. If the Lender determines the reinstatement and maintenance of the property not to be cost effective and allows the senior lienholder to complete foreclosure, the Lender's lien may be eliminated due to insufficient sales proceeds.

Lender as Senior Lienholder
When the Lender is first position as a senior lienholder, active collection efforts will begin on any loan that is 31 or more days in arrears. Attempts will be made to assist the homeowner in bringing and keeping the loan current. These attempts will be conveyed in an increasingly urgent manner until loan payments have reached 90 days in arrears, at which time the Lender may consider foreclosure. Lender’s staff will consider the following factors before initiating foreclosure:
1) Can the loan be cured and can the rates and terms be adjusted to allow for affordable payments such that foreclosure is not necessary?
2) Can the Borrower refinance with a private lender and pay off the Lender? 3) Can the Borrower sell the property and pay off the Lender? 4) Does the balance warrant foreclosure? (If the balance is under $5,000, the expense to foreclose may not be worth pursuing.)
5) Will the sales price of home "as is" cover the principal balance owing, necessary advances, (maintain fire insurance, maintain or bring current delinquent property taxes, monthly yard maintenance, periodic inspections of property to prevent vandalism, etc.) foreclosure, and marketing costs?
If the balance is substantial and all of the above factors have been considered, the Lender may opt to initiate foreclosure. The Borrower must receive, by certified mail, a thirty-day notification of foreclosure initiation. This notification must include the exact amount of funds to be remitted to the Lender to prevent foreclosure (such as, funds to bring a delinquent BMIR current or pay off a DPL).

At the end of thirty days, the Lender should contact a reputable foreclosure service or local title company to prepare and record foreclosure documents and make all necessary notifications to the owner and junior lienholders. The service will advise the Lender of all required documentation to initiate foreclosure (Note and Deed of Trust usually) and funds required from the owner to 185
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cancel foreclosure proceedings. The service will keep the Lender informed of the progress of the foreclosure proceedings.

When the process is completed, and the property has "reverted to the beneficiary" at the foreclosure sale, the Lender could sell the home themselves under a homebuyer program or use it for an affordable rental property managed by a local housing authority or use it for transitional housing facility or other eligible use. The Lender could contract with a local real estate broker to list and sell the home and use those funds for program income eligible uses. 186
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ATTACHMENT E

SELLERS LEAD-BASED PAINT DISCLOSURE
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards Lead Warning Statement
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.

Seller’s Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
(i) ____ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). ________________________________________________________ (ii)____ Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the seller (check (i) or (ii) below):
(i) ____ Seller has provided the purchaser with all available records and reports pertaining to Lead-based paint and/or lead-based paint hazards in the housing (list documents below). ————————————————————————————————————————
(ii) ____Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

Purchaser’s Acknowledgment (initial)
(c)____Purchaser has received copies of all information listed above. (d)____Purchaser has received the pamphlet Protect Your Family from Lead in Your Home. (e)____Purchaser has (check (i) or (ii) below):
(i) _____ received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or
(ii) _____waived the opportunity to conduct a risk assessment or inspection for the presence of Lead-based paint and/or lead-based paint hazards (NOT PERMISSIBLE FOR HOME AND CDBG).

Agent’s Acknowledgment (initial)
(f)____ Agent has informed the seller of the seller’s obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance.

Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. —————————— —————————— ————————— —————————
Seller Date Seller Date
—————————— —————————— ————————— —————————
Purchaser Date Purchaser Date
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—————————— —————————— ————————— —————————
Agent Date Agent Date
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ATTACHMENT F
Disclosure to Seller with Voluntary, Arm's Length Purchase Offer

DECLARATION
This is to inform you that would like to purchase the property, located at , if a satisfactory agreement can be reached. We are prepared to pay $____________ for a clear title to the property under conditions described in the attached proposed contract of sale.

Because Federal funds may be used in the purchase, however, we are required to disclose to you the following information:

1. The sale is voluntary. If you do not wish to sell, the buyer, ___________________, thru the agency, _____________ will not acquire your property. The buyer does not have the power of eminent domain to acquire your property by condemnation (i.e. eminent domain) and the agency/Sponsor ________________________________ will not use the power of eminent domain to acquire the property.

2. The estimated fair market value of the property is $__________ and was estimated by _______________________________________, to be finally determined by a professional appraiser prior to close of escrow.

Since the purchase would be a voluntary, arms-length, transaction you would not be eligible for relocation payments or other relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), or any other law or regulation. Also, as indicated in the contract of sale, this offer is made on the condition that no tenant will be permitted to occupy the property before the sale is completed.

Again, please understand that if you do not wish to sell your property, we will take no further action to acquire it. If you are willing to sell the property under the conditions described in the attached contract of sale, please sign the contract and return it to us at:
_______________________________________________. If you have any questions about this matter, please contact __________________________at ______________________.

Sincerely,
____________________________________
Title
_________________________________ _____________________ Buyer Date
_________________________________ _____________________ Buyer Date
Form continues on next page with Seller’s Acknowledgment Disclosure to Seller with Voluntary, Arm's Length Purchase Offer (Page 2) 189
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Acknowledgement
As the Seller I/we understand that the will inspect the property for health and safety deficiencies. I/we also understand that public funds may be involved in this transaction and, as such, if the property was built before 1978, a lead-based paint disclosure must be signed by both the buyer and seller, and that a Visual Assessment will be conducted to determine the presence of deteriorated paint.

As the Seller, I/we understand that under the City of Oroville program, the property must be currently owner-occupied, vacant for three months at the time of submission of purchase offer, new (never occupied), or renter purchasing the unit. I/we hereby certify that the property is:

Vacant at least 3 months; Owner-occupied; New; or Being Purchased by Occupant I/we hereby certify that I have read and understand this “Declaration” and a copy of said Notice was given to me prior to the offer to purchase. If received after presentation of the purchase offer, I/We choose to withdraw or not to withdraw, from the Purchase Agreement.
__________________________________ _______________________ Seller Date
__________________________________ _______________________ Seller Date
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ATTACHMENT H

EXTERIOR

INTERIOR
Walls: Pass Correction
Doors: Pass Correction
Lead Based Paint: Pass Correction

MECHANICAL
Water Heater Seismic Strapping: Pass Correction
Ventilation Installed Property: Pass Correction
Adequate Combustion Air: Pass Correction
Pressure Temperature Relief Valve (PTR) Value Terminated to Approval Location Pass Corrections Contact Person: Date of Inspection: Assessor’s Parcel Number:
- -
Property Address: Year Built: Square Feet:

# of Bedrooms: # of Bathrooms:

Telephone:
( )
E-Mail: Inspector: Jim Gollihar

Realtor:

Grading: Pass Correction
Driveway: Pass Correction
Deck/Patio: Pass Correction
Foundation: Pass Correction
Roof: Pass Correction
Chimney: Pass Correction
Stucco: Pass Correction
Siding: Pass Correction
Exterior Trim: Pass Correction
Windows: Pass Correction
Door(s): Pass Correction
First Time Home Buyer’s Inspection
Checklist
City of Oroville
Business Assistance
and Housing Development Department
Office (530) 538-2495 Fax (530) 538-2539
Email: www.cityoforoville.com
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Heating Ventilation and Air Conditioning System: Pass Corrections Miscellaneous Items

ELECTRICAL
Service/Subpanel Circuit Breakers
Labeled : Pass Correction
Lighting: Pass Correction
Hazardous Wiring: Pass Correction
Grounding Protection: Pass Correction
Other Electrical Items: Pass Correction

PLUMBING
Non-Removable back flow
prevention devise on all hose
bibs: Pass Correction
Water Piping : Pass Correction
Drains, Vents, Cleanouts: Pass Correction
Miscellaneous Plumbing Items:

ATTIC
Insulation Type:

Approximate RValue
Adequate Cross
Ventilation: Pass Correction
Evidence of Water
Intrusion: Pass Correction
Roof Structure: Pass Correction

BASEMENT
Basement: Pass Correction N/A
Evidence of Water
Intrusion: Pass Correction
MISCELLANEOUS ITEMS:

Exposed Dry Rot: Pass Correction
Smoke Detectors Installed in Bedrooms, Rooms Leading to Bedrooms, and on Every Level: Pass Correction
Carbon Monoxide Detectors installed outside the bedroom, and on each level: Pass Correction

SWIMMING POOL IN GROUND/ ABOVE GROUND
Pool Condition: Pass Correction N/A
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Pool Equipment/ Pool
Deck: Pass Correction
Pool Alarms: Pass Correction
Pool Fence/Gate: Pass Correction
*** Please keep in mind this is not an all inclusive list of items that may need repair on the property and is not a pest inspection. It is highly recommended that you hire a third party inspection company to thoroughly investigate the property prior to purchasing.

Date: Signature:

ATTACHMENT I
Homebuyer Program Lead Compliance Document Checklist
The following documents should be in each Homebuyer unit file to document compliance with the lead requirements:

Document Name Purpose
✓
Lead Safe Housing Rule Screening Sheet Documents exemptions Physical inspection form (HQS or equivalent) Documents visual assessment results
Seller Certification Seller certifies that
paint was stabilized by
qualified workers and
that safe work practices
were followed during
paint stabilization
Clearance Report and Clearance Review Worksheet Documents that unit passed clearance
Disclosure Form Documents that buyer
received disclosure and
pamphlet.

1. 2.

Miscellaneous:
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Lead Hazard Reduction Notice Documents that buyer
received required lead
hazard reduction
notification.

This was taken from the HUD Website at:
http://www.hud.gov/offices/cpd/affordablehousing/training/leadsafe/usefulforms/index.cfm#cross cutting
194
Item 10.