Paradise City Council
October 10, 2023

Form Approved for Optional Use NOTICE OF ENTRY OF JUDGMENT OR ORDER Judicial Council of California www.courtinfo.ca.gov CIV-130 [New January 1, 2010]

OR ORDER

LIMITED CASE
(Amount demanded was
$25,000 or less)

2. A copy of the judgment, decree, or order is attached to this notice. ‰‰
‰‰
Samuel L. Emerson SBN 222783

COLE HUBER LLP
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
(916) 780-9009 (916) 780-9050
[email protected]
Town of Paradise
Butte
1775 Concord Avenue
Chico, CA 95928
North Butte County Courthouse
Town of Paradise, a municipal
corporation
Rohit Sharma Burton, and Does
1 through 50
22CV02074
X
June 22, 2023
August 24, 2023
Samuel L. Emerson
X
Paradise, Town of
8/24/2023
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Town of Paradise
Council Agenda Summary
Date: October 10, 2023
Agenda Item: 6(b)
ORIGINATED BY: Marc Mattox, Public Works Director/Town
Engineer
Eric Reinbold, Police Chief
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Animal Shelter Expansion – PSE Approval and Authorize Advertisement for Bids.

LONG TERM
RECOVERY PLAN:

N/A
COUNCIL ACTION REQUESTED:

1. Consider adopting Resolution No. 2023- , “A Resolution of the Town Council of the Town of Paradise Approving the Plans and Specifications for the Animal Shelter Expansion Project and Authorizing Advertisement for Bids on the Project.” (ROLL CALL VOTE)
Background:

The Town of Paradise Animal Control Shelter facility has been identified for need of expansion to address the operational needs of the staff, volunteers, and animals served. The Shelter was originally constructed in 1981 with minimal modifications since this time.

During the 2022/2023 Fiscal Year, Paradise Town Council agreed to accept an in-kind donation from Paradise Animal Shelter Helpers (PASH) for the preparation of design building plans.

Further, the Town of Paradise Town Council approved combined funding of $600,000 for the construction of the expansion. As part of this arrangement, PASH agreed to infill the new facility with the necessary furniture, equipment and operations items to complete the project.

Analysis:

PASH has completed the project design and recently received Town-approved building plans/permits. The plans are included in this agenda summary for review. In summary, the expansion includes improvements as follows:
 More than doubling the capacity for the cat population  Improved outdoor access and exercise areas for both cats and dogs  A meet and greet room for people to interact with potential adoptees  Separate cat and dog isolation and quarantine areas
 Enhanced public reception and staff work areas
 Much needed exam, treatment and bathing rooms
 An indoor storage room for shelter supplies
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With Council approval of the plans and specifications and authorization to advertise for bids, staff proposes the following schedule:

Advertise for bid: October 2023
Award Contract: November 14, 2023
Construction: Winter-Spring 2024
The plans and specifications for the project are on file in the Public Works office for review.

Financial Impact:

Funding for the Animal Shelter Expansion Project is proposed to come from approved FY23/24 Budget as noted below:
- $400,000 American Rescue Plan Act (ARPA)
- $200,000 Measure V
The Engineer’s Estimate for the project is $534,000.

Attachments:

A. Resolution
B. 2023 Project Vicinity Map
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1 TOWN OF PARADISE
RESOLUTION NO. 2023- ___

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE

APPROVING THE PLANS AND SPECIFICATIONS FOR THE ANIMAL

SHELTER EXPANSION PROJECT AND AUTHORIZING ADVERTISEMENT

FOR BIDS ON THE PROJECT
WHEREAS, the original Paradise Animal Shelter was constructed in 1981 and is in need of additional capacity to meet the need of staff, volunteers and animals served: and,
WHEREAS, expansion of the Animal Shelter will:
 More than doubling the capacity for the cat population  Improved outdoor access and exercise areas for both cats and dogs
 A meet and greet room for people to interact with potential adoptees
 Separate cat and dog isolation and quarantine areas
 Enhanced public reception and staff work areas
 Much needed exam, treatment and bathing rooms
 An indoor storage room for shelter supplies
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:

Section 1. The design, plans, specifications and estimates for the ANIMAL SHELTER EXPANSION PROJECT described in the Town Council Agenda Summary for this Resolution are hereby approved.

Section 2. The Public Works Department is authorized to advertise the ANIMAL SHELTER EXPANSION PROJECT.

Section 3. The ANIMAL SHELTER EXPANSION PROJECT is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations Section 15301.
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2 PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 10
th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Greg Bolin, Mayor
ATTEST:

Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:

Scott E. Huber, Town Attorney
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Town of Paradise
Council Agenda Summary
Date: October 10, 2023
Agenda Item: 6(c)
ORIGINATED BY: Jessica Erdahl, Sr. Capital Projects Manager REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Interim Striping Safety Project 2023– Award
Construction Contract

LONG TERM
RECOVERY PLAN:

Yes, Tier 1, Evacuation Routes
COUNCIL ACTION REQUESTED:

1. Consider adopting Resolution No 2023- , “A Resolution of The Town Council of The Town of Paradise Awarding Contract No. 9429.CON, Interim Striping Safety Project 2023 to Specialized Pavement Marking, LLC in the amount of their base bid and designating authority to the Town Manager to execute an agreement with Specialized Pavement Marking, LLC and to approve contingency expenditures not exceeding 10%. (ROLL CALL VOTE)
Background:

As an interim safety project, staff has identified portions of Skyway, Bille Road, Oliver Road, Valley View Drive, Honey Run Road, Foster Road, Academy Drive, North and Middle Libby Road, and Rocky Lane for thermoplastic long-line striping, and three intersections in need of thermoplastic markings. A project exhibit is included in this Agenda Summary.

The list of streets and intersections in need of striping/marking is extensive Town-wide.

This interim safety project will address the highest priority areas, evacuation routes, in order to ensure safety for drivers and pedestrians. The approved On and Off-System Road Rehabilitation projects, will replace thermoplastic striping and markings on all federal-aid roads throughout the Town.

On September 12, 2023 Paradise Town Council adopted a resolution approving the Plans & Specifications for the Interim Striping Safety Project 2023. Council further directed staff to advertise for bids.

Analysis:

On September 28, 2023 at 2:00 PM, 2 bids were received by the Town Clerk and publicly opened. A list of bids received are shown in the table below:

Bid No. Item Description Base Bid Amount
X Engineer's Estimate $87,368.35
1 Specialized Pavement Marking, LCC $206,252.80
2 Chrisp Company $208,378.30
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Per the contract specifications, the award of the contract, if it be awarded, will be to the lowest responsible, responsive bidder based upon the base bid whose bid complies with all the requirements prescribed.

Staff is recommending award of Contract No. 9429.CON, Interim Striping Safety Project 2023 to Specialized Pavement Marking, LLC in the amount of their base bid $206,252.80.

This recommendation is made after careful review of the Contractor’s bid submittals.

Financial Impact:

Funding for the Interim Striping Safety Project 2023 is proposed to come from local transportation funds (Transit). The total estimated construction and construction management cost at time of bid was $100,000. The Engineer’s Estimate was based on historical Town project data and Caltrans cost data. Increased labor costs and low competition due to existing workloads resulted in higher than anticipated bid prices.

However, staff is recommending increasing the project budget utilizing available Transit funds and proceed with award to the lowest responsible, responsive bidder. The estimated funding breakdown is shown below.

Contract Items Total Cost LTF
Base Bid $206,252.80 $206,252.80
Construction Contingency (10%) $20,625.28 $20,625.28
Construction Management $4,125.06 $4,125.06
Total $231,003.14 $231,003.14
Approved Funding $100,000.00 $100,000.00
Requested Budget Modification $131,003.14 $131,003.14
Attachments:

A. Resolution
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1 TOWN OF PARADISE
RESOLUTION NO. 2023-____

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AWARDING CONTRACT NO. 9429.CON, INTERIM STRIPING SAFETY PROJECT 2023 TO SPECIALIZED PAVEMENT MARKING, LLC IN THE AMOUNT OF THEIR

BASE BID AND DESIGNATING AUTHORITY TO THE TOWN MANAGER TO

EXECUTE AN AGREEMENT WITH SPECIALIZED PAVEMENT MARKING, LLC AND TO APPROVE CONTINGENCY EXPENDITURES NOT EXCEEDING 10%.

WHEREAS, staff has identified portions of Skyway, Bille Road, Oliver Road, Valley View Drive, Honey Run Road, Foster Road, Academy Drive, North and Middle Libby Road, and Rocky Lane for thermoplastic long-line striping, and three intersections in need of thermoplastic markings: and,
WHEREAS, maintenance of the Town’s traffic striping and markings is critical to public safety; and,
WHEREAS, the Town Council approved the Plans, Specification and Estimates and authorized advertisement for bids on the Interim Striping Safety Project 2023 on the 12th day of September 2023.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE AS FOLLOWS:

Section 1. The Town Manager is authorized to award and execute the construction contract with Specialized Pavement Marking, LLC in the amount of $206,252.80 for the Interim Striping Safety Project 2023 and approve continency expenditures not to exceed $20,625.28, which amounts to 10% of the base bid.

Section 2. A budget adjustment for the subject project is approved in the amount of $130,000 using available Local Transportation Funds/Transit funding allocated from Butte County Association of Governments.

PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 10th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Greg Bolin, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Dina Volenski, CMC, Town Clerk Scott E. Huber, Town Attorney 323
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Town of Paradise
Council Agenda Summary
Date: October 10, 2023
Agenda Item: 6(d)
ORIGINATED BY: Jessica Erdahl, Sr. Capital Projects Manager REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Paradise Transit Center Agreement

LONG TERM
RECOVERY PLAN:

Yes, Walkable Downtown
COUNCIL ACTION REQUESTED:

1. Consider adopting Resolution No. 2023- , “A Resolution of The Town Council of The Town of Paradise to Adopt an Agreement for Right of Access and Use of the Paradise Transit Center Between the Town of Paradise and Butte County Association of Governments and Authorize the Town Manager to Execute the Agreement, in Substantial Form, Subject to Minor Modifications Acceptable to the Town Attorney.” (ROLL CALL VOTE)
Background:

The Butte County Association of Governments (BCAG) is the administrative and policy-making agency for the region’s public transit services, known as Butte Regional Transit or “B-Line.” BLine is a consolidated transit system that provides urban and rural fixed route service throughout Butte County, including the Town of Paradise. Paradise is the second most utilized destination for service between the cities of Chico, Oroville and the greater Butte County region.

In late 2016, BCAG determined a more developed stop or transit center could better accommodate the routes moving to, from, around and within Paradise. In early 2017, BCAG received a Federal Transit Administration (FTA) grant to complete environmental review and develop plans, specifications and estimate (PS&E) for a transit center located at Birch St. and Black Olive Drive. Subsequently, construction funding was secured, and the project was advertised for bid in August 2023. Construction is planned to start in the fall of 2023.

Analysis:

The Town and BCAG wish to enter into an agreement setting forth the terms and conditions of access, use and maintenance of the Paradise Transit Center. The purpose of the agreement is to allow BCAG to construct on, operate the B-Line system and all affiliated public transportation services offered through B-Line on or adjacent to Town property. BCAG’s construction and operation of the B-Line system benefits the Town.

BCAG will be the sole owner of and responsible for maintenance of all structures, related surrounding hardscape, landscape areas, along with their physical appurtenance, including plumbing, landscaping, irrigation, electrical, lighting, benches/shelters, route signs, and trash cans. BCAG has no ownership interest in the land to which the Paradise Transit Center is affixed.

Financial Impact:

All costs associated with the construction, operation and maintenance of the Paradise Transit Center will be borne by BCAG.

Attachments:

A. Resolution
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B. Paradise Transit Center Agreement
C.
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1 TOWN OF PARADISE
RESOLUTION NO. _________

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE TO

ADOPT AN AGREEMENT FOR THE RIGHT OF ACCESS AND USE OF THE

PARADISE TRANSIT CENTER BETWEEN THE TOWN OF PARADISE AND BUTTE

COUNTY ASSOCIATION OF GOVERNMENTS AND AUTHORIZE THE TOWN

MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIAL FORM, SUBJECT TO MINOR MODIFICATIONS ACCEPTABLE TO THE TOWN ATTORNEY.

WHEREAS, The Town of Paradise owns certain real property located at the corner of Birch Street and Black Olive Drive in the Town of Paradise, Butte County, California, commonly referred to as the Paradise Transit Center; and, WHEREAS, Butte County Association of Governments is the administrative and policy-making agency for the region’s public transit services, known as Butte Regional Transit that provides urban and rural fixed route service throughout Butte County, including the Town of Paradise; and,
WHEREAS, Paradise is the second most utilized destination for service between the cities of Chico, Oroville and the greater Butte County region, and the Butte County Association of Governments has determined a more developed stop or transit center could better accommodate the routes moving to, from, around and within Paradise; and, WHEREAS, Butte County Association of Governments received Federal Transit Administration funding to design and construct the Paradise Transit Center; and, WHEREAS, The Town of Paradise and Butte County Association of Governments wish to enter into an Agreement setting forth the terms and conditions of access and use of the Paradise Transit Center.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE AS FOLLOWS:

Section1. The Town Manager is authorized to execute the Paradise Transit Center Agreement, in substantial form, subject to minor modifications acceptable to the Town Attorney.

PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 10th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Greg Bolin, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________ ______________________________ Dina Volenski, CMC, Town Clerk Scott E. Huber, Town Attorney 327
RECORDING REQUESTED BY:

Butte County Association of Governments
326 Huss Drive, Suite 150
Chico, CA 95928
WHEN RECORDED MAIL TO:

Butte County Association of Governments
326 Huss Drive, Suite 150 No recording fee pursuant to
Chico, CA 95928 Government Code §6103
APN’s 052-203-034-000 and 053-222-015-000

PERPETUAL EXCLUSIVE LICENSE FOR RIGHT OF

ACCESS AND USE BETWEEN TOWN OF PARADISE AND

BUTTE COUNTY ASSOCIATION OF GOVERNMENTS

AND NOTICE OF TITLE
This Agreement is intended to provide notice of title to and interest in the real property and structure(s) described herein in order to rebut any presumption that such structure(s) constitute a fixture(s), as that term is defined in Civil Code Section 660, et seq., on the real property to which the same are attached.

It further is intended to create a non-possessory ongoing right of access and use on the Town property for the BCAG structures and activities related to those structures.

RECITALS
A. The Town of Paradise, an incorporated Town duly existing under the laws of the State of California (hereinafter “Town”), owns a certain public roadway and public right of way commonly referred to as Birch Street, and located in Paradise, California (hereinafter, the "Town Property"). The Town Property is depicted in Exhibit “A,” consisting of photos of the areas included within APN’s 052-203-034-000 and 052- 222-015-000, attached and incorporated as if fully set forth herein. 328
B. Butte County Association of Governments, a public entity duly existing under the laws of the State of California and located at 326 Huss Drive, Suite 150, in Chico, California (hereinafter “BCAG”), is the sole owner of certain structure(s) existing within the Town Property, a n d c o m m o n l y known as the Paradise Transit Center, (hereinafter "Transit Center") consisting of the Transit Center, and related surrounding hardscaped as well as landscape areas, along with their physical appurtenances, including, plumbing, landscaping, irrigation, electrical, lighting, benches/shelters, route signs and posts and trash cans. BCAG wishes to expand and to operate the B-line transit system and provide affiliated services on or adjacent to the Town Property.

C. BCAG has no ownership interest in the land in the Town Property, nor does it intend to create an ownership interest in this public roadway by recording this agreement.

D. The Town has no ownership interest in the Transit Center which is affixed to the land which comprises the Town Property, nor does it intend to create an ownership interest in this Transit Center by recording this Agreement.

E. To provide for BCAG construction at the Transit Center and ongoing use of the Town Property, the Town and BCAG enter into this Agreement.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Purpose: The purpose of this agreement is to allow BCAG to construct on, operate the B-Line system and all affiliated public transportation services offered through BLine on or adjacent to the Town Property. BCAG’s construction and operation of the B-Line system benefits the Town.

2. Term: This Agreement provides a perpetual on-going, non-possessory license for BCAG’s use of the Town Property commencing as of the date of its execution. 329

3. Amendments: The agreement may be amended for any reason as required and determined and agreed upon in writing by both BCAG and the Town of Paradise.

4. Maintenance: BCAG shall maintain the exterior and interior of the Transit Center in good, sanitary and neat condition and repair and shall be responsible for all regular maintenance of, and all repairs due to regular wear and tear, to the interior of the Transit Center. BCAG shall be responsible for janitorial services, trash collection, exterior building(s) wall maintenance, graffiti maintenance, and all appurtenant fixtures of the structure(s)which comprise the Transit Center. Utility connections and services including gas, electrical, water and telecommunications shall be the sole responsibility of BCAG as agreed upon by the City and according to any restrictions or covenants required or allowed by those entities providing those services. Landscaping shall be the responsibility of BCAG as determined by the Town and BCAG.

5. Insurance
BCAG 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 and the results of that work by the Contractor, his agents, representatives, employees or subcontractors as well as the operation of the Transit Center.

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): in the amount of $2M set out on the attached certificates of insurance including property damage and bodily injury with limits no less than $2,000,000 per occurrence.

2. Excess coverage of $5M as evidenced by certificates of insurance acceptable to Town.

3. If BCAG, the Contractor or operator maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. 330

4. BCAG shall require its Contractor to provide evidence that the Town is covered by the Contractor’s insurance coverage for the Transit Center project in the same amounts as set out above an in a form acceptable to Town., which shall include but not be limited to CGL coverage, equivalent excess coverage, automobile and workers’ compensation coverage..

5. BCAG also shall require its operator, TransDey, to provide the same coverage for the Town.

Such coverage shall include CGL coverage, equivalent excess coverage and automobile and workers compensation coverage.

6. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status
The Town its officers, officials, employees, and authorized volunteers are to be covered as additional insureds on the BCAG, Contractor’s and Operator’s commercial liability policies with respect to liability arising out of work or operations performed by or on behalf of BCAG and/or the Contractor including materials, parts, or equipment furnished in connection with such work or operations.
b. Primary Coverage
For any claims related to this contract, the Contractor’s and Operator’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the Town, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any excess or umbrella liability policies.
c. Umbrella or Excess Policy
BCAG, Contractor or Operator may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be 331
provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
d. Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
e. Waiver of Subrogation
BCAG, Contractor and Operator hereby grant to Town a waiver of any right to subrogation which any of them may acquire against the Town by virtue of the payment of any loss under such insurance. They agree to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Town has received a waiver of subrogation endorsement from the insurer.
f. Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Town. g. Verification of Coverage
BCAG, Contractor and Operator shall furnish the Town with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages should be received and approved by the Town before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive their obligations to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 332
h. Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

6. Indemnification: Regardless of the limits of any insurance, BCAG, Contractor and Operator each separately shall indemnify, defend and hold free and harmless the Town, its boards and commissions and members thereof, its officers, employees, and agents (collectively, the “Town”) from any and all liability arising out of or relating to this agreement and/or BCAG' s possession and use of the Transit Center. Should the Town be named in any suit, or should any claim be made against it by suit or otherwise, whether the same be groundless or not, arising out of or relating to this Agreement and/or BCAG's possession and use of the Transit Center, BCAG shall defend the Town, with counsel acceptable to Town, and shall indemnify Town for any judgment rendered against Town or any sums paid out in settlement or otherwise.

Miscellaneous: This Agreement may be amended only in writing, signed by both Parties.

No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

As Executive Director of BCAG, I, Jon A. Clark/Andy Newsum am authorized to act on behalf of BCAG. I assert under penalty of perjury under the laws of the State of California that this Agreement is not recorded for the purpose of slandering title to real property and I am informed and believe that the information contained in this Agreement is true.

As Town Manager of the Town of Paradise, I, Jim Goodwin, am authorized to act on behalf of the Town of Paradise. I assert under penalty of perjury under the laws of the State of California that this Agreement is not recorded for the purpose of slandering title to real property and I am informed and believe that the information contained in this Agreement is true.

Dated and Attested to this XXXX, day of Month, 2023, by:
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Jon A. Clark/Andy Newsum
Executive Director
Butte County Association of Governments
Jim Goodwin
Town Manager
Town of Paradise
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CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Butte
On , before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I Certify under PENALTY OF PERJURY under the laws of the State of California that the Foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public
Dated and attested to this day of Month, Day, 2023
Jon A. Clark/Andy Newsum
Executive Director
Butte County Association of Governments
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CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document." The disclaimer must be legible and in an enclosed box.

State of California
County of Butte
On , before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I Certify under PENALTY OF PERJURY under the laws of the State of California that the Foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public
Dated and attested to this day of Month, Day, 2023
Jim Goodwin
Town Manager
Town of Paradise
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Town of Paradise
Council Agenda Summary
Date: October 10, 2023
Agenda Item: 6(e)
ORIGINATED BY: Marc Mattox, Public Works Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Evacuation Zone Sign Project – PSE Approval and Authorize Advertisement for Bids.

LONG TERM
RECOVERY PLAN:

Yes, Tier 1, Evacuation Routes
COUNCIL ACTION REQUESTED:

1. Consider adopting Resolution No. , “A Resolution of The Town Council of The Town of Paradise Awarding Contract No. 9433.CON, Evacuation Zone Sign Project to McGuire Pacific Constructors in the amount of their base bid and designating authority to the Town Manager to execute an agreement with McGuire Pacific Constructors and to approve contingency expenditures not exceeding 20%. (ROLL CALL VOTE) Background:

As a component of the Town’s efforts to increase safety and awareness of evacuation zones in Paradise, staff has prepared a project to deploy roadside signs which notify motorists of the changes of evacuation zones throughout Town. A project exhibit is included in this Agenda Summary.

Understanding evacuation zones is especially critical for individual’s residence, however, in an actual emergency, many may not know the spatial layout of evacuation zones elsewhere. The intent of the roadside signs planned will be to notify the motorist of the zone entering and leaving at designated locations, similar to Tsunami Hazard areas along coastlines. Lastly, installation of roadside signs will increase the versatility of the Town’s Early Warning Sirens, allowing for specific zone information to be communicated more broadly, as needed. An example sign is shown below:
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On September 12, 2023, Paradise Town Council approved the Plans & Specifications for the subject project and authorized staff to advertise the project.

Analysis:

On October 3, 2023 at 2:00 PM, 4 bids were received by the Town Clerk and publicly opened. A list of bids received are shown in the table below:

Bid No. Bidder Base Bid Amount
X Engineer's Estimate $83,100
1 McGuire Pacific Constructors $70,777
2 Santos Excavating $77,036
3 Statewide Traffic Safety & Signs $82,460
4 Chrisp Company $91,180
Financial Impact:

Funding for the Evacuation Zone Sign Project is proposed to come from local gas tax funds. The total estimated construction and construction management cost is $100,000. A detailed project accounting description is provided below:

Contract Items Total Cost
Base Bid $70,777
Construction Contingency (20%) $14,155
Construction Management $15,068
Total $100,000
Available Funding $100,000
Attachments:

A. Resolution
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1 TOWN OF PARADISE
RESOLUTION NO. 2023-____

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AWARDING CONTRACT NO. 9433.CON, EVACUATION ZONE SIGN

PROJECT TO MCGUIRE PACIFIC CONSTRUCTORS IN THE AMOUNT OF

THEIR BASE BID AND DESIGNATING AUTHORITY TO THE TOWN MANAGER

TO EXECUTE AN AGREEMENT WITH MCGUIRE PACIFIC CONSTRUCTORS AND TO APPROVE CONTINGENCY EXPENDITURES NOT EXCEEDING 20%.

WHEREAS, staff has identified project to deploy roadside signs which notify motorists of the changes of evacuation zones throughout Town: and, WHEREAS, understanding evacuation zones is especially critical for individual’s residence, however, in an actual emergency, many may not know the spatial layout of evacuation zones elsewhere. The intent of the roadside signs planned will be to notify the motorist of the zone entering and leaving at designated locations, similar to Tsunami Hazard areas along coastlines; and,
WHEREAS, installation of roadside signs will increase the versatility of the Town’s Early Warning Sirens, allowing for specific zone information to be communicated more broadly, as needed: and,
WHEREAS, the Town Council approved the Plans, Specification and Estimates and authorized advertisement for bids on the Interim Striping Safety Project 2023 on the 12th day of September 2023.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE AS FOLLOWS:

Section1. The Town Manager is authorized to award and execute the construction contract with McGuire Pacific Constructors in the amount of their base bid for the Evacuation Zone Sign Project and approve continency expenditures not exceeding 20%.

PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 10th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Greg Bolin, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ________________________________ Dina Volenski, CMC, Town Clerk Scott E. Huber, Town Attorney 341
Town of Paradise
Council Agenda Summary
Date: October 10, 2023
Agenda Item: 6(f)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Receipt and Authorization of CalFire California Climate Investments Program Grant for Category 4 Tree Removal
Match.

LONG TERM
RECOVERY PLAN:

Yes
COUNCIL ACTION REQUESTED:

1. Consider acknowledging receipt and authorizing the Town Manager to execute the attached CAL FIRE California Climate Investment Grant agreement in order to receive up to $2,469,159.00 in match funding for Phase 2 Tree Removal. (ROLL CALL VOTE)
Background:

The Town Category 4 Tree Removal Program Completed Phase 1 in December of 2022. The assessment phase of the project identified nearly 12,000 eligible trees on 574 parcels. The Town has been concerned that the 25% property owner match requirement could exponentially decrease the number of property owners able to proceed with Phase 2 removal and ultimately result in a large percentage of eligible trees remaining in the community that are a fire hazard, safety hazard, and impediment to recovery post Camp Fire.

Analysis:

The Town has pursued grant opportunities to fulfill this 25% match requirement and was recently granted funding through the CalFire California Climate Investment Program. This grant for up to $2,469,159.00 will cover the entirety of the property owner and Town match requirements for Phase 2 of the tree removal program.

The Town continues to work with FEMA and CalOES in order to move forward with removal of identified trees and currently anticipates removal beginning in Spring of 2024.

This grant partnership with CAL FIRE is essential to the success of the Category 4 tree removal program. We are grateful for their support and efforts in assisting our community in reducing hazardous fuels.

Financial Impact
This grant agreement will provide up to $2,469,159.00 in funding to cover match requirements for property owners as well as match requirements for Town expenses. This alleviates expense concerns for this project for both enrolled private property owners and the Town of Paradise. 342
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY Gavin Newsom, Governor “The Department of Forestry and Fire Protection serves and safeguards the people and protects the property and resources of California.”

DEPARTMENT OF FORESTRY AND FIRE PROTECTION
P.O. Box 944246
SACRAMENTO, CA 94244-2460
(916) 653-7772
Website: www.fire.ca.gov
September 29, 2023
Brian Solecki
Town of Paradise
5555 Skyway
Paradise, CA 95969
5GG22132; Town of Paradise “Category 4 Tree Removal Program - Paradise, CA”

This Agreement cannot be considered binding on either party until approved by appropriate authorized CAL FIRE designee. No services should be provided prior to approval, as the State is not obligated to make any payments on any Agreement prior to final approval. FAILURE TO RETURN ALL DOCUMENTS BY DATE BELOW MAY RESULT IN LOSS OF FUNDING.

Please contact Dave Derby at (530) 872-6334 if you have questions concerning services to be performed.

1. Full grant agreement including terms and conditions, project grant application form, scope of work, budget, map, and other exhibits enclosed. Please sign, scan, and return the agreement to Bobby Nguyen at [email protected] no later than October 31, 2023.

Alternatively, you may opt to print (single sided), sign in blue ink, and return the agreement with original signature to:

CAL FIRE
Attn: Grants Management Unit/WP Grants
P.O. Box 944246
Sacramento, CA 94244-2460
In order to expedite your agreement, a scanned/electronic signature copy of the agreement is preferred.

2. Enclosed for your record is one fully executed copy of the agreement referenced above. When billing for services performed under this agreement, your invoices must reference the agreement number above and be submitted to the contract manager.

Thank you,
Bobby Nguyen
Grants Analyst
Grants Management Unit
Enclosures
343
State of California
Department of Forestry and Fire Protection (CAL FIRE)
Office of the State Fire Marshall

GRANT AGREEMENT
APPLICANT: Town of Paradise
PROJECT TITLE: Category 4 Tree Removal Program - Paradise, CA GRANT AGREEMENT: 5GG22132
PROJECT PERFORMANCE PERIOD is from date of latter signature by CAL FIRE Deputy Director or Grantee through March 15, 2029.

Under the terms and conditions of this Grant Agreement, the applicant agrees to complete the project as described in the project description, and the State of California, acting through the Department of Forestry & Fire Protection, agrees to fund the project up the total state grant amount indicated.

PROJECT DESCRIPTION: Removal of approximately 12,118 trees on 574 parcels across the town of Paradise.

Total State Grant not to exceed $ 2,469,159.00 (or project costs, whichever is less). *The Special and General Provisions attached are made a part of and incorporated into this Grant Agreement.

Town of Paradise

STATE OF CALIFORNIA

DEPARTMENT OF FORESTRY

AND FIRE PROTECTION
Applicant
By By
Signature of Authorized Representative
Print Name/
Title:

Title: Daniel Berlant, Deputy Director
Date Date

CERTIFICATION OF FUNDING

GRANT AGREEMENT NUMBER PO ID SUPPLIER ID
5GG22132

FUND FUND NAME
See Attached See Attached

PROJECT ID
N/A

ACTIVITY ID
N/A

AMOUNT OF ESTIMATE FUNDING
$ 2,469,159.00

GL UNIT
3540

BUD REF
See Attached
ADJ. INCREASING ENCUMBRANCE
$ 0.00
PROGRAM NUMBER ENY ADJ. DECREASING ENCUMBRANCE
2470010 See Attached $ 0.00

ACCOUNT
5340580

ALT ACCOUNT
5340580000

UNENCUMBERED BALANCE
$ 2,469,159.00

REPORTING STRUCTURE
35405909

SERVICE LOCATION
See Attached
Acknowledged - I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

Certification of CAL FIRE Accounting Officer Date
344
State of California
Department of Forestry Fire Protection

State Contract #: Project #: Purchase Order ID# Supplier ID# 5GG22132 22-WP-BTU-47345920
$ 2,469,159.00
Fund
3228
Project ID Activity ID *GL Unit Bud Ref
N/A N/A 3540 601
Program Number ENY *Account Alt Acct
2470010 2021 5340580 5340580000
Rptg Structure Svc Loc
35405909 96217
12,113.00
-
-
$ 12,113.00
Fund
0001
Project ID Activity ID *GL Unit Bud Ref
22WFFPGRANTS GRANTS 3540 101
Program Number ENY *Account Alt Acct
2470010 2022 5340580 5340580000
Rptg Structure Svc Loc
35405909 91047
2,457,046.00
-
-
$ 2,457,046.00
Fund
Project ID Activity ID *GL Unit Bud Ref
Program Number ENY *Account Alt Acct
Rptg Structure Svc Loc
-
-
-
$ -
Agreement Funding Certification
Amount Encumbered by this Document:

Grantee Name
Town of Paradise
Participant / Trustee
Fund Name
Greenhouse Gas Reduction Fund
Fund Name
General Fund
Grant Grand Total:

Prior Amount Encumbered for this Agreement:

Projected Expenditure INCREASE Encumbrance by:

Projected Expenditure DECREASE Encumbrance by:

Amount Encumbered by this Document:

Prior Amount Encumbered for this Agreement:

Projected Expenditure INCREASE Encumbrance by:

Projected Expenditure DECREASE Encumbrance by:

Amount Encumbered by this Document:

Prior Amount Encumbered for this Agreement:

Projected Expenditure INCREASE Encumbrance by:

Projected Expenditure DECREASE Encumbrance by:

Fund Name
345
GRANT NUMBER 5GG22132
Town of Paradise
Category 4 Tree Removal Program - Paradise, CA
1 TERMS AND CONDITIONS OF GRANT AGREEMENT
I. RECITALS

1. This Agreement, is entered into between the State of California, by and through the California Department of Forestry and Fire Protection (CAL FIRE), hereinafter referred to as “STATE” and, Town of Paradise, hereinafter referred to as “GRANTEE”.

2. The STATE hereby grants to GRANTEE a sum (hereinafter referred to as “GRANT FUNDS”) not to exceed Two Million Four Hundred Sixty Nine Thousand One Hundred Fifty Nine Dollars ($2,469,159.00).

3. In addition to the terms and conditions of this Agreement, the STATE and GRANTEE agree that the terms and conditions contained in the documents set forth below are hereby incorporated and made part of this agreement. a. California Climate Investments Department of Forestry and Fire Protection Wildfire Prevention Grants Program Procedural Guide 2022-2023 b. The submitted Application, Scope of Work, Project Workbook, GHG Emissions Workbook and Exhibits
c. ADDENDUM – CALIFORNIA CLIMATE INVESTMENTS (CCI) GRANT

PROJECTS
II. SPECIAL PROVISIONS

1. Recipients of GRANT FUNDS pursuant to California Public Resources Code Section §4124.5 shall abide by the provisions in this Agreement. This includes the requirement that work shall not commence prior to the execution of this Agreement by both parties. Any work started prior to the execution of this Agreement will not be eligible for funding under the terms of this Agreement.

2. As precedent to the STATE’s obligation to provide funding, GRANTEE shall provide to the STATE for review and approval a detailed budget, specifications, and project description. Approval by the STATE of such plans and specifications, or any other approvals provided for in this Agreement, shall be for scope and quality of work, and shall not relieve GRANTEE of the obligation to carry out any other obligations required by this Agreement, in accordance with applicable law or any other standards ordinarily applied to such work or activity.

3. All informational products (e.g., data, studies, findings, management plans, manuals, photos, etc.) relating to California’s natural environment produced with the use of GRANT FUNDS shall be available for public use. 346
GRANT NUMBER 5GG22132
Town of Paradise
Category 4 Tree Removal Program - Paradise, CA
2 III. GENERAL PROVISIONS

1. Definitions
a. The term “Agreement” means grant agreement number 5GG22132. b. The term “GRANT FUNDS” means the money provided by the STATE to the GRANTEE in this Agreement.
c. The term “GRANTEE” means an applicant who has a signed Agreement for the award for GRANT FUNDS.
d. The term “Other Sources of Funds” means all matching fund sources that are required or used to complete the Project beyond the GRANT FUNDS provided by this Agreement.
e. The term “STATE” means the State of California, Department of Forestry and Fire Protection (CAL FIRE).
f. The term “Project” means the development or other activity described in the “Project Scope of Work”.
g. The term “Project Budget Detail” as used herein defines the approved budget plan.
h. The term “Project Scope of Work” as used herein means the individual scope of work describing in detail the approved tasks.

2. Project Representatives
The project representatives during the term of the agreement will be:

STATE: CAL FIRE GRANTEE: Town of Paradise
Section/Unit: BTU Section/Unit: N/A
Attention: Dave Derby Attention: Brian Solecki
Mailing Address:
6640 Steiffer Road
Magalia, CA 95954
Mailing Address:
5555 Skyway
Paradise, CA 95969
Phone Number: (530) 872-6334 Phone Number: 530-872-6291 x165 Email Address:

[email protected]
Email Address:
[email protected]
347
GRANT NUMBER 5GG22132
Town of Paradise
Category 4 Tree Removal Program - Paradise, CA
3 Changes to the project representatives during the term of the agreement shall be made in writing. Notice shall be sent to the above representative for all notice provisions of this Agreement.

3. Project Execution
a. Subject to the availability of grant monies, the STATE hereby grants to the GRANTEE a sum of money (GRANT FUNDS) not to exceed the amount stated on Section I. RECITALS, Paragraph 2 in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the terms and conditions set forth in this Agreement.
b. GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the Project. Any amendment to the Project as set forth in the Application on file with the STATE must be submitted to the STATE for approval in writing. No amendment is allowed until written approval is given by the STATE.
c. GRANTEE shall complete the Project in accordance with the time of Project performance set forth in this Agreement, unless an amendment has been approved and signed by the STATE under the terms and conditions of this Agreement. Amendments must be requested in advance and will be considered in the event of circumstances beyond the control of the GRANTEE, but no less than 60 days from the Agreement expiration date. The STATE may waive the minimum timeframe for amendments at their discretion. Approval of amendment is at the STATE’s discretion.
d. GRANTEE certifies that the Project Scope of Work complies with all local, State, and federal laws and regulations.
e. GRANTEE shall comply with the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000, et. seq. Title 14, California Code of Regulations, Section 15000 et. seq.) and all other local, State, and federal environmental laws. A copy of the certified CEQA document must be provided to STATE before any GRANT FUNDS are made available for any Project activity that could directly impact the environment (e.g. cutting, piling or burning bush, masticating, dozer work, etc.). CEQA compliance shall be completed within one (1) year from start date of the Agreement. The start date is considered the latter date of signature by the Grantee Authorized Representative or CAL FIRE Deputy Director. GRANT FUNDS will be made available in advance of CEQA compliance for project activities that do not have the potential to cause a direct environmental impact (e.g. project planning, locating and marking 348
GRANT NUMBER 5GG22132
Town of Paradise
Category 4 Tree Removal Program - Paradise, CA
4 property or project boundaries, contacting and signing up landowners, etc.).
f. GRANTEE shall permit periodic site visits by representative(s) of the STATE to ensure program compliance and that work is in accordance with the approved Project Scope of Work, including a final inspection upon Project completion.
g. GRANTEE, and the agents and employees of GRANTEE, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents, of the STATE. No person who, as an officer, employee, or agent of the STATE participated in the preparation or creation of or determination to award this Grant Agreement shall serve as an agent or employee of GRANTEE including but not limited to those acts prohibited by Government Code Sections 1090, and 87100.

4. Project Costs and Payment Documentation
a. Payment by the STATE shall be made after receipt of an acceptable invoice and approval by a duly authorized representative of the STATE.

GRANTEE shall submit an invoice for payment to the CAL FIRE Project Representative of the STATE. A final invoice shall be submitted no later than 30 days after completion, expiration, or termination of this Agreement.
b. For services satisfactorily rendered, and upon receipt and approval of invoices for payment, the STATE agrees to compensate GRANTEE for actual expenditures incurred in accordance with the rates and activities specified in the Final Project Budget Detail, Application, Scope of Work and Exhibits, and made a part of this Agreement.
c. Equipment purchased using GRANT FUNDS, wholly or in part, must be used by the GRANTEE for the project for which it was acquired. STATE retains a vested interest in the equipment for the useful life of the equipment, even after completion of the grant. GRANTEE shall provide written disposition of the equipment upon completion of the grant and upon any changes to the disposition of the equipment. Such disposition must be approved in advance by STATE. Equipment purchased using GRANT FUNDS cannot be used as collateral, financed, or sold without prior written approval from the STATE. Grantee must provide reporting on equipment disposition no less frequently than biannually to CAL FIRE or upon CAL FIRE’s request after completion of the grant project until notified in writing by the CAL FIRE Wildfire Prevention Grant Program that additional reporting is no longer required.
349
GRANT NUMBER 5GG22132
Town of Paradise
Category 4 Tree Removal Program - Paradise, CA
5 d. GRANTEE shall submit, in arrears, not more frequently than once a month, and required quarterly, an invoice to the STATE for costs paid by GRANTEE pursuant to this Agreement. In the event no expenses are incurred, GRANTEE shall identify that no costs have been incurred within the respective quarterly progress report in lieu of submitting a zero balance invoice. Each invoice shall contain the following information: the Agreement number, the dates or time period during which the invoiced costs were incurred, signature of an authorized representative of GRANTEE, expenditures for the current invoice and cumulative expenditures to date by major budget category (e.g., salaries, benefits, supplies, etc.), match funds when applicable, and appropriate supporting documentation consistent with the Project Costs section, as detailed in the California Climate Investments Department of Forestry and Fire Protection Wildfire Prevention Grants Program Procedural Guide 2022- 2023.
e. GRANT FUNDS in this Agreement have a limited period in which they must be expended. All GRANTEE expenditures must occur prior to the end of the Project performance period of this Agreement. f. Except as otherwise provided herein, GRANTEE shall expend GRANT FUNDS in the manner described in the Budget approved by the STATE.

The dollar amount of an item in a budget category may be increased or decreased by up to ten percent (10%) of the budget item through reallocation of funds from other budget categories, without approval by the STATE; however, GRANTEE shall notify the STATE in writing when any such reallocation is made, and shall identify both the item(s) being increased and those being decreased. Any increase or decrease of an item of more than ten percent (10%) of the budget category must be approved in writing by the STATE before any such increase or decrease is made. A formal approved amendment is required to increase the total amount of GRANT FUNDS.
g. GRANTEE shall promptly submit any and all records at the time and in the form as the STATE may request.
h. GRANTEE shall submit each invoice for payment electronically using the grants management system identified by CAL FIRE. Hard copy submissions will not be accepted.
i. Notwithstanding any of the provisions stated within this Agreement, the STATE may at its discretion make advance payment from the grant awarded to the GRANTEE if GRANTEE is a nonprofit organization, a local agency, a special district, a private forest landowner or a Native American tribe. Advance payment made by the STATE shall be subject to the following provisions.
350
GRANT NUMBER 5GG22132
Town of Paradise
Category 4 Tree Removal Program - Paradise, CA
6 • GRANTEE shall submit a written request identifying how funds will be used over a six-month period. The written request must be accompanied by an invoice that contains the same level of detail as a regular invoice.
• GRANTEE shall file an accountability report with STATE four months from the date of receiving the funds and every four months thereafter.
• Multiple advance payments may be made to a GRANTEE over the life of a project.
• No single advance payment shall exceed 25% of the total grant amount. For grants funding equipment, the maximum advance request may be increased up to 50% of the total grant amount or cost of equipment purchase, whichever is less. Advance funds and must be spent on eligible costs within six months of the advance payment receipt.
• GRANTEE may request additional time to spend advance funds but must be approved in writing by the STATE. CAL FIRE will bill for the return of unliquidated advance funds after the approved timeframe..
• All work under a previous advance payment must be fully liquidated via an invoice and supporting documentation and completed to the STATE’s satisfaction before another advance payment will be made.
• Any advance payment received by a GRANTEE and not used for project eligible costs within the time period approved by STATE shall be returned to the STATE. The amount will be returned to the grant balance.
• Advance payments must be deposited into an interest-bearing account. Any interest earned on advance payment funds must be accounted for and used toward offsetting the project cost or returned to the STATE.
j. The GRANTEE shall immediately reimburse or credit, as determined by the STATE, the STATE for any over payment of any invoice, including final invoice, when either party determines an overpayment was made.

5. Budget Contingency Clause
a. If STATE funding for any fiscal year is reduced or deleted for purposes of the Wildfire Prevention Program California Climate Investments Grant Program, the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or if possible and desirable, offer an Agreement amendment to GRANTEE to reflect the reduced amount available for the Project.
351
GRANT NUMBER 5GG22132
Town of Paradise
Category 4 Tree Removal Program - Paradise, CA
7 6. Project Administration
a. GRANTEE must report to the STATE all sources of other funds for the Project. If this provision is deemed to be violated, the STATE will request an audit of GRANTEE and can delay the disbursement of funds until the matter is resolved.
b. GRANTEE shall promptly submit written Project reports as the STATE may request throughout the term of this Agreement.
c. GRANTEE shall submit a final accomplishment report, final invoice with associated supporting documentation, and copies of materials developed using GRANT FUNDS, including but not limited to plans, educational materials, etc. within 30 days of Project completion.

7. Financial Records
a. GRANTEE shall retain all records described in Section 7(c) below for three (3) years after final payment by the STATE. In the case an audit occurs, all such records shall be retained for one (1) year from the date the audit is completed or the three (3) years, whichever date is later. b. GRANTEE shall maintain satisfactory financial accounts, documents, and records for the Project and make them available to the STATE for review during reasonable times. This includes the right to inspect and make copies of any books, records, or reports of GRANTEE pertaining to this Agreement or matters related thereto.
c. GRANTEE shall keep such records as the STATE shall prescribe, including, but not limited to, records which fully disclose (a) the disposition of the proceeds of state funding assistance, (b) the total cost of the Project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the Project cost supplied by other sources, and (d) any other such records as will facilitate an effective audit. All records shall be made available to the STATE, other State of California agency, or other entity as determined by the State of California for auditing purposes at reasonable times.
d. GRANTEE shall use any generally accepted accounting system.

8. Research
a. GRANTEE that receives funding, in whole or in part, in the form of a research grant shall provide for free public access to any publication of a peer-reviewed manuscript describing STATE funded knowledge, STATE 352
GRANT NUMBER 5GG22132
Town of Paradise
Category 4 Tree Removal Program - Paradise, CA
8 funded invention, or STATE funded technology shall be subject to the following conditions:
i. GRANTEE is responsible for ensuring that any publishing or copyright agreements concerning peer-reviewed manuscripts fully comply with this section
ii. GRANTEE shall report to STATE the final disposition of the peerreviewed manuscript, including, but not limited to, if it was published, date of publication, where it was published, and, when the 12-month time period from official date of publication expires, where the peer-reviewed manuscript will be available for open access.
b. For a peer-reviewed manuscript that is accepted for publication pursuant to the terms and conditions of this Agreement, the GRANTEE shall ensure that an electronic version of the peer-reviewed manuscript is available to STATE and on an appropriate publicly accessible repository approved by the state agency, including, but not limited to, the University of California’s eScholarship Repository at the California Digital Library, the California State University’s ScholarWorks at the Systemwide Digital Library, or PubMed Central, to be made publicly available not later than 12 months after the official date of publication. GRANTEE shall make reasonable efforts to comply with this requirement by ensuring that the peer-reviewed manuscript is accessible on an approved publicly accessible repository, including notifying the state agency that the manuscript is available on a state-agency-approved repository. If the grantee is unable to ensure that his or her manuscript is accessible on an approved, publicly accessible repository, the grantee may comply by providing the manuscript to the state agency not later than 12 months after the official date of publication. c. For publications other than those described in (b), including scientific meeting abstracts, GRANTEE shall comply by providing the manuscript to the STATE not later than 12 months after the official date of publication. d. The grant shall not be construed to authorize use of a peer-reviewed manuscript that would constitute an infringement of copyright under the federal copyright law described in Section 101 of Title 17 of the United States Code and following.
e. Use of GRANT FUNDS for publication costs, including fees charged by a publisher for color and page charges, or fees for digital distribution are allowable costs but must be within the GRANT FUNDS and item 4 of the agreement.
353
GRANT NUMBER 5GG22132
Town of Paradise
Category 4 Tree Removal Program - Paradise, CA
9 f. GRANTEE may request a waiver to the publication requirement if GRANTEE has an existing publication requirement that meets or exceeds the requirements of the research provision. Waiver shall include information on GRANTEE’s existing requirements. Approval of the waiver is at STATE’s discretion.

9. Project Termination
a. This Agreement may be terminated by the STATE or GRANTEE upon 30- days written notice to the other party.
b. If either party terminates the Agreement prior to the completion of the Project, GRANTEE shall take all reasonable measures to prevent further costs to the STATE under the Agreement and the STATE shall be responsible for any reasonable and non-cancelable obligations incurred by GRANTEE in the performance of this Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.
c. Failure by GRANTEE to comply with the terms of this Agreement may be cause for suspension of all obligations of the STATE hereunder at the discretion of the STATE.
d. Failure of GRANTEE to comply with the terms of this Agreement shall not be cause for the suspension of all obligations of the STATE hereunder if in the judgment of the STATE such failure was due to no fault of GRANTEE.

At the discretion of the STATE, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.
e. Final payment to GRANTEE may not be made until the STATE determines the Project conforms substantially to this Agreement.

10. Hold Harmless
a. GRANTEE shall defend, indemnify and hold the STATE, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of GRANTEE, its officers, agents, or employees. The duty of GRANTEE to indemnify and hold harmless includes the duty to defend as set forth in Civil Code Section 2778. This Agreement supersedes GRANTEE’s right as a public entity to indemnity 354
GRANT NUMBER 5GG22132
Town of Paradise
Category 4 Tree Removal Program - Paradise, CA
10 (see Government Code Section 895.2) and contribution (see Government Code Section 895.6) as set forth in Government Code Section 895.4. b. GRANTEE waives any and all rights to any type of express or implied indemnity or right of contribution from the STATE, its officers, agents, or employees for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement.
c. Nothing in this Agreement is intended to create in the public or in any member of it rights as a third-party beneficiary under this Agreement.

11. Tort Claims
FEDERAL:

The United States shall be liable, to the extent allowed by the Federal Tort Claims Act 28 United States Code 2671-2680, for claims of personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United States while acting within the scope of his or her employment, arising out of this Agreement.

STATE:

The State of California shall be liable, to the extent allowed by law and subject to California Government Code, Title 1, Division 3.6, providing for the filing of tort claims against the State of California, for personal injuries or property damage resulting from the negligent or wrongful act or omission of State of California employees while acting within the scope of his or her employment, arising out of this Agreement.

12. Nondiscrimination
The State of California prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, sex, marital status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. GRANTEE shall not discriminate against any person on any of these bases.

13. Conflict of Interest
GRANTEE or anyone acting on behalf of GRANTEE shall not have any conflicting personal and/or financial interests in carrying out the duties of the Agreement.
355
GRANT NUMBER 5GG22132
Town of Paradise
Category 4 Tree Removal Program - Paradise, CA
11 14. Incorporation
The grant guidelines and the Project Scope of Work, Project Budget Detail and any subsequent amendments or modifications to the Project Scope of Work and Project Budget Detail approved in writing by the STATE are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.

15. Severability
If any provision of this Agreement or the Project Scope of Work thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.

16. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.

17. Assignment
This Agreement is not assignable by GRANTEE either in whole or in part.

18. Survival Clause
The obligations of the Parties under Section III General Provisions, Items 4 (c) and (j) of the Project Costs and Payment Documentation and Item 10 Hold Harmless of this Agreement shall survive the termination or expiration of the Agreement.
356
GRANT NUMBER 5GG22132
Town of Paradise
Category 4 Tree Removal Program - Paradise, CA
1 ADDENDUM – CALIFORNIA CLIMATE INVESTMENTS (CCI) GRANT PROJECTS I. SPECIAL PROVISIONS

1. Grant funds shall be used on projects with the primary goal of reducing greenhouse gases (GHGs) and furthering the purposes of California’s Global Warming Solutions Act of 2006, Division 25.5 (commencing with Section 38500) of the Health and Safety Code, and related statutes.

2. Grant funds shall be used on projects limited to specific activities as described in CCI Grants Procedural Guides.

3. Grantee shall report project and benefits information when requested by the State.

This may include, but is not limited to, funding expended, acres treated, GHG emissions, trees planted, disadvantaged community benefits, energy/water savings, job creation, and other co-benefits.

4. Grantee shall maintain accurate and detailed records documenting project description, project location, and schedule, CCI dollars allocated, and leveraged funds throughout the duration of the project.

5. Failure of Grantee to meet the agreed upon terms of achieving required GHG reduction may result in project termination and recovery of funds.

II. MONITORING AND REPORTING REQUIREMENTS
All funds expended through CCI are subject to emissions reporting and requirements.

Grantee is expected to provide the appropriate materials for completing program quantification methodology. Grantee shall use the current reporting template provided by the STATE. The reporting shall be submitted to the STATE no less frequently than quarterly. In addition, STATE may request additional information in order to meet current CARB reporting requirements. The requirements are available on the CARB CCI Quantification, Benefits and Reporting Materials webpage:
https://ww2.arb.ca.gov/resources/documents/cci-quantification-benefits-and-reportingmaterials. 357
GRANT NUMBER 5GG22132
Town of Paradise
Category 4 Tree Removal Program - Paradise, CA
2 III. PROGRAM ACKNOWLEDGEMENT/RECOGNITION

1. All projects funded both fully and partially by the GGRF must clearly display, identify and label themselves as being part of the “California Climate Investments” program. The acknowledgement must contain the California Climate Investments and CAL FIRE logos as well as the following statement:
“Funding for this project provided by the California Department of Forestry and Fire Protection’s Wildfire Prevention Program as part of the California Climate Investments Program.”
A draft of the acknowledgement must be approved by the STATE prior to publication.

For stationary projects, acknowledgement may include, but is not limited to, a sign on the project site. For other project types, such as vehicles, equipment, and consumer-based incentives, acknowledgement is encouraged by using a decal, sticker or other signage.

Guidance on California Climate Investments logo usage, signage guidelines, and high-resolution files are contained in a style guide available at:
www.caclimateinvestments.ca.gov/logo-graphics-request.

2. In addition, all projects funded both fully and partially by GGRF must contain the following statement in public announcements or press releases on said projects:
“Category 4 Tree Removal Program - Paradise, CA is part of California Climate Investments, a statewide program that puts billions of Cap-and-Trade dollars to work reducing GHG emissions, strengthening the economy, and improving public health and the environment– particularly in disadvantaged communities. The Cap-andTrade program also creates a financial incentive for industries to invest in clean technologies and develop innovative ways to reduce pollution. California Climate Investments projects include affordable housing, renewable energy, public transportation, zero-emission vehicles, environmental restoration, more sustainable agriculture, recycling, and much more. At least 35 percent of these investments are located within and benefiting residents of disadvantaged communities, low-income communities, and low-income households across California. For more information, visit the California Climate Investments website at:
www.caclimateinvestments.ca.gov.”
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Applications: 22-WP-BTU 47345920
Application Form
Profile
[email protected]
Project Information
Project Name/Title
Category 4 Tree Removal Program - Paradise, CA
In which county is the majority of your project located? Butte County = BTU
The full Project Tracking Number will be auto-generated within Grants Portal. Please use the format 22-WP-UUU and replace your 3- character unit identifier from your selected county above. 22-WP-BTU
Are there additional counties?
No
In which California State Assembly district(s) is your project located? 3rd - Butte, Glenn, Placer, Sutter, Tehama, Yuba
In which California State Senate district(s) is your project located? 1st - Butte, Colusa, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Sutter, Tehama, Yuba Project End Date
12/31/2025
Project Description Summary
Please provide a paragraph summarizing proposed project including the location, habitable structures, acres treated, etc.

This proposed project is to remove the standing burnt and dying trees within the Town of Paradise (Category 4 trees) which are dead or dying due to the 2018 Camp Fire. This proposed project targets Standing Burnt Trees outside of the scope of the previous tree removal programs reimbursed through Public Assistance. Phase 1 of this project was recently completed with 574 enrolled parcels consisting of nearly 1,000 total acres across the Town. Phase 1 TRAC certified arborists have identified 12,118 trees eligible for removal upon full FEMA approval of Phase 2 of this project. We anticipate tree removal operations will begin in Summer 2023.

This grant is a request for CAL FIRE assistance in providing the 25% match requirement for the project. The Town is concerned that the 25% match requirement could exponentially decrease the number of property owners able to proceed with Phase 2 removal and ultimately result in a large percentage of eligible trees remaining in the community that are a fire hazard, safety hazard, and impediment to recovery post Camp Fire.

Award Request Amount
Total Amount of Award Request
$2,469,159.00
Indirect Cost Rate
Are you requesting an Indirect Cost Rate in excess of 12%? No
Organization Information
Organization Type
Incorporated Cities and Counties
359
Board Resolution or Attesting Document
Board Resolution Calfire Grant.pdf
Sponsoring Organization
Town of Paradise
Project Manager Name
Brian Solecki
Project Manager Mailing Address
5555 Skyway
Project Manager Mailing Address Line 2
City
Paradise
State
California
Zip Code
95969
Project Manager Phone Number
530-872-6291 x165
Project Manager Email
[email protected]
Project Activities
For which primary activity is funding being requested?
Hazardous Fuels Reduction
Primary Vegetation Management Practice Type
Shaded fuelbreak /Understory clearing
Does the project include Grazing as a component of the hazardous fuels reduction project? No
Does the project include transportation and/or disposal of woody biomass Yes
Project Treatment Area
Primary Land Cover Type
Woodland
Primary Land Ownership Class
Private
Does your project include work on Tribal Lands?
No
Limiting Factors: Check the box if there are any existing forest or land management plans; Conservation Easements; Covenant, Conditions & Restrictions (CC&R’s); matters related to zoning; use restrictions, or other factors that can or will limit the fire prevention proposed activity?
360
Timber Harvest Plans (THP): For Hazardous Fuels Reduction projects, If there is a timber harvesting document on any portion of the proposed project area for which a “Notice of Completion” has not been filed with CAL FIRE check the box.

California Environmental Quality Act (CEQA) Compliance: Describe how compliance with CEQA will be achieved in the Scope of Work. Is there an existing CEQA document that addresses this project or can be used to meet CEQA requirements? Please indicate the CEQA document type (For planning, education and other projects that are exempt from CEQA, select “Not Applicable”)
Notice of Exemption
Existing Document Identification Number
N/A
Federal Responsibility Area: Does your project include work on Federal Lands that might require a National Environmental Policy Act (NEPA) document, or use a framework similar to Good Neighbor Authority? Yes
If yes, select all that apply:

National Environmental Policy Act
Community Metrics
Fire Risk Reduction Community List (FRRC)
Is the Sponsoring Organization a local agency? ( city, county, or other publicly funded entity serving a city and/or county) No
Community at Risk: Is the project associated with a community that is listed as a Community at Risk? Yes
Number of Risk Communities in the project area
1 Disadvantaged/Low Income Community: Is the project associated with a disadvantaged/low-income community? Yes
If Yes, select all that applies:

Both
Project Area Statistics: For all Hazardous Fuels Reduction projects, provide an estimate of the Treatment Influence Zone (TIZ) acres. Include Local Responsibility Area (LRA), Federal Responsibility Area (FRA) and State Responsibility Area (SRA) as applicable for TIZ.

The Treatment Influence Zones (TIZ) are the treatment areas within a project, where on-the-ground activities are accomplished. There can be multiple treatment areas associated with a project. Wildfire Prevention Planning and Wildfire Prevention Public Education projects will NOT have treatment areas.

Local Responsibility Area (LRA) TIZ acres
943.00
Federal Responsibility Area (FRA) TIZ acres
State Responsibility Area (SRA) TIZ acres
361
Total TIZ Acres
943.00
Fire Hazard Severity Zones (FHSZ)
What Fire Hazard Severity Zones (FHSZ) are in the project area? Fire Hazard Severity Zone ratings are available at:
https://osfm.fire.ca.gov/divisions/community-wildfire-preparedness-and-mitigation/wildfire-preparedness/fire-hazard-severity-zones/. Copy and paste the link or right-click to open in a new tab. Please provide an approximate number of acres or percentage of the project area in each zone.

Number of Acres in the Very High SRA FHSZ
943
Number of Acres in the Very High LRA FHSZ
Number of Acres in the High SRA FHSZ
Number of Acres in the High LRA FHSZ
Number of Acres in the Moderate SRA FHSZ
FHSZ Total Acres
943.00
Document Uploads
Letters of Support
2023 CF Wildfire Prevention Cat 4 Tree Grant Letter.pdf Letters of Commitment
In addition to the online project mapping program treatment Geopoint and polygons, include a pdf map(s) of the project with the project application. The maps shall meet the requirements of Appendix G in the Procedural Guide.

PDF Project Map
Category 4 Trees.pdf
The below required standard forms can be found in the forms section of the solicitation.

To get to the Solicitation Link click back to the solicitation, then click on the three lines next to the application and click the solicitation link.

STD 19 Nondiscrimination Compliance Statement form
std019 10.2019 Version COMPLETE.pdf
STD 21 A Drug-Free Workplace Certification form
std021 10.2019 Version COMPLETE.pdf
STD 204 Payee Data Record form
std204 3.2021 Version COMPLETE.pdf
Miscellaneous Form Upload Field #1
362
Miscellaneous Form Upload Field #2
Miscellaneous Form Upload Field #3
Project Mapping Program
Project Mapping Program: Create a Geopoint and Polygon(s) via the weblink. copy and paste the link or right-click to open in a new tab: https://grantaccess-calfire-forestry.hub.arcgis.com The Online Project Mapping Component is a requirement for a complete application submission.

View Budget Worksheet
https://portal.ecivis.com/#/peerBudget/4AD74426-BF11-4D0F-BE36-D966BA55980F Average Score

0.00 Application Goals
View Application Goals
https://portal.ecivis.com/#/peerGoals/169681B3-0296-4C96-B877-3EC183994250 # of Reviews
1 # of Denials
0 363
Scope of Work: Category 4 Tree Removal Program - Paradise, CA Linked Form Profile
Linked Form Submissions
22-WP-BTU 47345920
Scope of Work
Project Name
Category 4 Tree Removal Program - Paradise, CA
Project Tracking Number
22-WP-BTU-47345920
Please use the Tracking Number that was automatically assigned by Grants Portal. The format will be 22-WP-UUU-XXXXXXXX Project Description
Please provide a comprehensive project description including the location, habitable structures, acres treated, etc. (please note there are no space limitations)
The Camp Fire broke out on November 8, 2018 and has damaged or destroyed nearly 19,000 structures. Most of the structures damaged or destroyed were in the Town of Paradise (“Town”). Paradise is a town of 26,000 people, approximately 90 miles from Sacramento. On November 21, 2018, the fire was 75 percent contained and, on November 25, 2018, the fire reached 100 percent containment after a total of 17 days with most of the damage occurring within the first four hours.

The Camp Fire has been the deadliest and most destructive wildfire in California history to date. It has also been the deadliest wildfire in the United States since the Cloquet fire in 1918, is ranked the sixth among the U.S. deadliest wildfires, and is high on the list of the world's deadliest wildfires.

According to the Town’s Insurance carrier, the Camp Fire was the world's costliest natural disaster in 2018. The fire covered an area of 153,336 acres (almost 240 sq. miles), destroyed 18,804 structures, and caused at least 86 civilian fatalities.

The economic recovery will be challenging and require a concerted effort in the overall needs of the community in order to rebuild the Town. The ongoing consolidated debris operations are a first step on the road to recovery. In addition, the enormity of the standing burnt trees throughout the town will need to be addressed before rebuilding will be possible.

The Standing Burnt Trees will have significant impact on the economic recovery of the Town to the point of without the removal of these trees, recovery is NOT POSSIBLE. The program’s impacts to the economic recovery of the Town are significant and this program will permit the Town to recover from the devastating Camp Fire through mitigating the threat of these hazardous trees. The mitigation measures will reduce the health and safety threat, reduce the risk of infestation of the Bark Beetle, and allow the Town the ability to recover.

Section I
Primary Activity Type
Hazardous Fuels Reduction
Hazardous Fuels Reduction

1. Describe the geographic scope of the project, including an estimate of the number of habitable structures and the names of the general communities that will benefit.

This FEMA/CALOES HMGP Project encompasses the entirety of the Town of Paradise. 11,496 Parcels were eligible to apply for the program.

During the summer and fall of 2022, we opened the application process and ultimately had 574 parcels enroll. These parcels are evenly dispersed across the town and are parcels that create severe fire and safety hazards to the overall community and neighboring parcels.

In many cases these parcels are larger and have high numbers of trees and are a severe detriment to rebuilding in that neighborhood. While we have not seen the impact of these dead and dying trees causing wildfire, we have many instances of damage caused to neighboring parcels due to falling trees. This has included injuries and nearly complete destruction of recently rebuilt homes. 364

2. Describe the goals, objectives, and expected outcomes of the project.

Phase 1 of the project has identified 12,118 trees on 574 parcels across the town of Paradise. We anticipate that with CalFire Grant Funding to assist with the match portion of the phase 2 removal project, the vast majority will be removed. Without additional grant support to alleviate the financial burden on property owners of the 25% match requirement, we anticipate that less than 50% of the identified trees would ultimately be removed. The objective and expected outcome of this project is to remove as many of these identified trees as possible and reduce the wildfire threat to this community struggling to recover.

3. Provide a clear rationale for how the proposed project will reduce the risks associated with wildfire to habitable structures.

The FEMA HMGP (Hazard Mitigation Grant Program) Tree Removal Project in Paradise, CA can reduce the risks associated with wildfire in several ways:

1. Fuel Reduction: Dead and dying trees in the area can serve as fuel for wildfires. By removing these trees, the project can reduce the amount of fuel available for wildfires, which can decrease the likelihood and severity of wildfires.

2. Improved Access for Emergency Services: The removal of hazardous trees that are in danger of falling on roadways, buildings, and other structures can improve access for emergency services during a wildfire. This can reduce response times and improve the ability of firefighters to control and extinguish wildfires.

3. Creation of Firebreaks: The project can create firebreaks by removing trees and other vegetation in strategic locations. Firebreaks can help to slow or stop the spread of wildfires by reducing the amount of fuel available to the fire.

4. Mitigation of Ember Attacks: The project can also reduce the risks associated with ember attacks. Dead and dying trees can produce large amounts of embers during a wildfire, which can travel long distances and start new fires. By removing these trees, the project can reduce the amount of embers produced, which can decrease the likelihood of new fires starting.

4. Identify any additional assets at risk from wildfire that will benefit from the proposed project. These may include, but are not limited to, domestic and municipal water supplies, power lines, communication facilities and community centers.

As the Town of Paradise rebuilds, the entirety of the Town infrastructure is in danger from additional wildfire events. We have been working to rebuild this community, increase fire resiliency and protect the upgraded and rebuilt infrastructure systems. Water, power, communication systems, the 1,200 surviving homes, and the nearly 2,500 newly rebuilt homes face threats from wildfire.

5. How will the project/activity utilize the left over woody biomass? Will the project/activity use a biomass facility to reduce greater greenhouse gas emissions?
Felled trees would be removed from the stump location with heavy equipment or by crane to move trees to the nearest road, where they would be loaded onto trucks. Trees may be left on the ground for a few days where they were dropped before being removed to roadsides for transport. Logs would be transported out of town either as whole logs to end-use facilities or to the Green Waste Yard for disposal. All FEMA EA required disposal requirements to be implemented. This will include requiring the LTO(s) to produce delivery tickets if material is disposed of at a biomass facility, or firewood disposal, or receipt if material needs to be paid for to be disposed of. Photos will be taken at the loading site and disposal site to match the delivery ticket as additional backup documentation. Slash (i.e., limbs under 6 inches in diameter) may be chipped and spread on disturbed soil for erosion control. Stumps and root balls would not be removed.

6. Does the project include grazing as a component of the hazardous fuels reduction project? Section II
Degree of Risk

1. Discuss the location of the project in relation to areas of moderate, high, or very high fire hazard severity zone as identified by the latest Fire and Resource Assessment Program maps.

The entirety of the Town of Paradise and the project area is identified as a very high fire hazard severity zone.

2. Describe the geographic proximity of the project to structures at risk to damage from wildfire in the WUI.

All 11,496 parcels within the town are in direct proximity to the project and are at risk from damage caused by wildfire in the WUI.

Section III
Community Support
365

1. Does the project include any matching funds from other funding sources or any in-kind contributions that are expected to extend the impact of the proposed project?
The Town of Paradise Category 4 Tree Removal Program is an approved and funded FEMA/CalOES HMGP project. $10,830,179.68 has been approved for the phase 2 removal portion of the project. This CalFire grant application is to be used to fulfill the 25% match requirement ($2,469,159.00) that would otherwise be provided by the enrolled parcel owners and the Town of Paradise general fund. There are no other contributions expected to extend the impact of the proposed project.

2. Describe plans for external communications during the life of the project to keep the effected community informed about the goals, objectives and progress of the project. Activities such as planned press releases, project signage, community meetings, and field tours are encouraged.

The Town of Paradise has been working on this project since 2019. We have been working to keep the community updated through the town website, social media, newsletters, press releases, community meetings and direct outreach to property owners. We anticipate this outreach will continue through the close of the project.

3. Describe any plans to maintain the project after the grant period has ended.

Annual defensible space requirements will continue to be enforced and properties unable to comply due to safety threats from dead trees will now be able to come into compliance. The project will also manage any required longer term environmental mitigations required by the water board or other environmental agencies.

4. Does the proposed project work with other organizations or agencies to address fire hazard reduction at the landscape level? This project aligns with the Town defensible space requirements and will provide a path for non-compliant property owners to move forward with rebuilding or selling vacant parcels as defensible space compliance is required for permits and selling of property.

Section IV
Project Implementation

1. Discuss the anticipated timeline for the project. Make sure to take seasonal restrictions into account.

Phase 1 of the project opened in August with property owner outreach and the application process. The application period closed on September 30, 2022 with all 574 properties being accepted in to the program.

Property assessments by TRAC certified arborists occurred between September 2022 and January 2023. We have spent multiple years working on a programmatic FEMA led environmental assessment that would encompass this and other projects. That EA should be complete in the next couple of months and will allow us to proceed with Phase 2 removal of trees.

We anticipate tree removal to begin in Summer of 2023 and will continue until project completion. We have built in time for the project to move into 2024 if winter weather requires us to pause removal for a season.

2. Verify the expected timeframes to complete the project will fall under the required completion dates depending on the source of the funds awarded.

We anticipate no difficulty in completing this project by the end of 2024. 366

3. Using bullets, list the milestones that will be used to measure the progress of the project.

Tree Removal Process
-After obtaining the approvals and verifying availability of funding, move to the tree removal process with Town of Paradise organizational partner, the Butte Fire Safe Council (BCFSC)
BCFSC will stand up a team to facilitate the oversight of the tree removal process utilizing local tree contractors who have been pre-vetted to fulfill HMGP reimbursement requirements.

The Town of Paradise will oversee the application portion of Phase 2 that will consist of reaching out to all Phase 1 parcel owners for ROE paperwork to authorize the start of Phase 2 work on a parcel.

BCFSC Team will consist of:
-.Registered Professional Forester
-Two Forestry Technicians
-One Project Manager
-Two Field Coordinators
-GIS/Admin Support
BCFSC Tree Removal Process:
-With Town Staff, confirm all paperwork, sign ROE forms, match requirements forms, and other required paperwork prior to contractor starting work -Contact Parcel Owners for site visit with RPF/Field Technician to prepare sites -site prep includes infrastructure flagging, identifying and prioritizing trees based on estimated matching funds required, and GIS for project map(s) -RFP and contracting process once a minimum of 30 sites are prepared with ROE and paperwork in place -RFP’s are issued to contractors who have expressed interest in being on the BCFSC contractor list. BCFSC RFP process will comply with all Federal procurement requirements. -Contractors submitting proposals and selected for the work will need to be a Class A Licensed Timber Operator (LTO), have and have valid Loggers Broad Insurance. The appropriate contractors who meet minimum requirements to conduct the work will be selected through the BCFSC Board of Directors.
-Notify landowner and RPF prior to contractor starting work at each site -BCFSC staff and/or RPF/Field Tech to be on site while contractor(s) are removing trees to ensure proper compliance -Review progress of work with Landowner and coordinate with RPF to ensure contractor is removing required trees -All FEMA required disposal requirements to be implemented as noted below. This will be done by requiring the LTO(s) to produce delivery tickets if material is disposed of at a biomass facility, or firewood disposal, or receipt if material needs to be paid for to be disposed of. Photos will be taken at the loading site and disposal site to match the delivery ticket as additional backup documentation. -Final site inspection after tree removal for sign off with landowner, RPF, and contractor. -Notify TOP of site(s) completed and ready for invoicing. -Assist with any coordination needed between LO and Contractor for invoicing on Match. -RPF to visit site 2-3 times post operations to ensure water quality is being met.

4. Using bullets, list the measurable outcomes (i.e. project deliverables) that will be used to measure the project’s success. -All FEMA required disposal requirements to be implemented as noted below. -This will be done by requiring the LTO(s) to produce delivery tickets if material is disposed of at a biomass facility, or firewood disposal, or receipt if material needs to be paid for to be disposed of.
-Photos will be taken at the loading site and disposal site to match the delivery ticket as additional backup documentation. -Photos will be taken of all tree stumps from removed trees. 367

5. If applicable, how will the requirements of the California Environmental Quality Act (CEQA) be met?

NOT APPLICABLE
This project is a CEQA Exempt project, yet we will fully comply with all requirements of our Federal Environmental Assessement and any other mitigation requirements to limit the impacts of this project.

Monitoring
The tree removal activities will be monitored by a Registered Private Forester and Environmental Biologist. Both of these functions are consistent with the Cal OES program. The project monitor will be monitoring the Tree Removal contractors, removal of the trees, and the appropriate documentation. These functions are identical to the functions of the Public Assistance Debris Monitor. The Environmental Biologist will be monitoring for and meeting the compliance requirements of the Endangered Species Act as related law and regulation under the National Environmental Policy Act (NEPA).

All required monitors will be procured and contracted by the Town of Paradise and be overseen by the RPF Project lead from BCFSC.

FEMA requires the Applicant to monitor all contracted debris operations to document this information and ensure that its contractor removes eligible debris. If the Applicant does not monitor contracted debris removal operations, it will jeopardize its PA funding for that work. Eligible activities associated with debris monitoring include, but are not limited to:

Field supervisory oversight
Monitoring contracted debris removal at both the loading and disposal sites Compiling documentation, such as load tickets and monitor reports, to substantiate eligible debris Training debris monitors on debris removal operations, monitoring responsibilities and documentation processes, and FEMA debris eligibility criteria To address the environmentally sensitive work within the project, we will handle NEPA compliance similar to Cal OES through a number of biological monitors to develop best practices for aquatic and animal species, watercourses, and habitat where the felling of trees may pose a threat. These best practices will be a part of the Environmental Protection Plan and coordinated with Cal OES. The Plan includes a set of mitigations where biological monitors may be involved in reviewing and/or deciding strategies and tactics to remove standing burnt trees from environmentally sensitive areas.

6. List any existing forest or land management plans; Conservation Easements; Covenant, Conditions & Restrictions (CC&R’s); matters related to zoning; use restrictions, or other factors that can or will limit the wildfire prevention proposed activity? There are no known restrictions that will limit the project.

Section V
Administration

1. Describe any previous experience the project proponent has with similar projects. Include a list of recent past projects the proponent has successfully completed if applicable. Project applicant or manager having no previous experience with similar projects should discuss any past experiences that may help show a capacity to successfully complete the project being proposed. This may include partnering with a more experienced organization that can provide project support.

The Town of Paradise has extensive experience with Tree Removal projects since the 2018 Camp Fire. We have partnered with FEMA/CalOES on multiple projects resulting in the removal of the vast majority of dead trees limiting our ability to recover. The implementation of this project will include partnering with the Butte Fire Safe Council who has managed large scale tree removal projects across the county. This partnership will result in an efficient and effective partnership for the removal of the eligible trees during the Phase 2 portion of our project.

2. Identify who will be responsible for tracking project expenses and maintaining project records in a manner that allows for a full audit trail of any awarded grant funds.

The Town of Paradise and the Butte Fire Safe Council will be responsible for tracking project expenses. Upon completion of the project, the Town of Paradise will be the custodian of records for the future.

Section VI
Budget
A detailed project budget should be provided in the online budget included in this solicitation. The space provided here is to allow for a narrative description to further explain the proposed budget.
368

1. Explain how the grant funds, if awarded, will be spent to support the goals and objectives of the project. If equipment grant funds are requested, explain how the equipment will be utilized and maintained beyond the life of the grant.

One of the primary goals of the budget of this project was to increase efficiency of the project by managing the entirety of the project through the Town of Paradise and the Butte Fire Safe Council.

The majority of the project budget is used to directly increase the number of trees assessed and ultimately removed by the project. No equipment will be purchased by the project and the overall management costs of the project are exponentially lower than if we had utilized outside consultants and contractors. Managing the project internally allowed us to increase the Phase 1 Assessment Budget from 20% of the total, to 80% when we removed all the funds originally allotted to outside management.

2. Are the costs for each proposed activity reasonable for the geographic area where they are to be performed? Identify any costs that are higher than usual and explain any special circumstances within the project that makes these increased costs necessary to achieve the goals and objectives of the project.

The scale of the project should allow for a lower than average cost per tree for removal and utilizing Town Staff and the non-profit Butte Fire Safe Council will allow us to keep costs low.

3. Is the total project cost appropriate for the size, scope, and anticipated benefit of the project? We believe that the cost is exceptionally appropriate for the scale of the project. The number of trees ultimately removed will have an incredible impact on the continued recovery and increased fire resiliency of our community.

4. Using bullets please list each object category amount that you are requesting and the detail of how that would support meeting the grant objectives.

We have designed this project to be highly efficient and spending funds that will directly reduce the fire hazards of dead and dying trees in our community and increase our fire resiliency and wildfire protection. Nearly 90% of the project funds will be utilized for tree removal and environmental protection.

CalFire Grant Request (25% of total project expenses per category) - Butte Fire Safe Council Management Contract: $146,395.25 - Project Manager, Field Coordinators, Registered Professional Forester, Mileage, IT/Misc - Tree Removal Vendors: $1,785,961.00
- Project Monitors: $272.250.00
- Indirect Costs (12%): $264,552.75
Total Request: $2,469,159.00

5. Does your project include the purchase of capital equipment (more than $5,000 per item)? No
Section VII
California Climate Investments
The space provided here is to allow for a narrative description to further explain how the project/activity will reduce Greenhouse Gas emissions.

1. How will the project/activity reduce Greenhouse Gas emissions? The two primary ways this project will reduce Greenhouse gas emissions is through reducing forest fire risk and increasing the efficiency of tree removal across the Town of Paradise.

Reduced Forest Fire Risk: By removing dead and dying trees in the area, the project can reduce the risk of forest fires. Forest fires release significant amounts of carbon dioxide and other greenhouse gases into the atmosphere. By mitigating this risk, the project can reduce the amount of greenhouse gas emissions associated with forest fires.

Efficient Tree Disposal: The project may include the disposal of the removed trees through chipping, mulching, or other methods that can convert the wood into a beneficial resource. This can reduce the amount of wood waste that is sent to landfills, which can produce methane, a potent greenhouse gas. Additionally, this project will create efficiency in removing trees by batching properties together geographically requiring less vehicle trips to a given area over time in order for properties to be cleared. 369
Passthrough Agency: Report Date: 08/09/2023
Program: Requested By: Town of Paradise
Stage: [email protected]
Budget Items
Category Title Description Units Unit Cost Extended Cost Direct Cost Indirect Cost GL Account Cost Share Type Use Titles to briefly describe
each item. Cost Share from the
grantee and from a partner can
be tracked on separate lines.

Note that your indirect cost rate
setting (which must be between
0 and 12%) will automatically
apply to each line
In each rows
Description, enter the unit
of measurement and
choose from only the
following labels: Hours,
Days, Each, Report,
Contract, Miles, Daily,
Acres
0 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost
ddfs sdf 0 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost
0 $0.00 $0.00 $0.00 $0.00 $0.00
Use Titles to briefly describe
each item. Cost Share from the
grantee and from a partner can
be tracked on separate lines.

Note that your indirect cost rate
setting (which must be between
0 and 12%) will automatically
apply to each line
In each rows
Description, enter the unit
of measurement and
choose from only the
following labels: Hours,
Days, Each, Report,
Contract, Miles, Daily,
Acres
0 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost
0 $0.00 $0.00 $0.00 $0.00 $0.00
Use Titles to briefly describe
each item. Cost Share from the
grantee and from a partner can
be tracked on separate lines.

Note that your indirect cost rate
setting (which must be between
0 and 12%) will automatically
apply to each line
In each rows
Description, enter the unit
of measurement and
choose from only the
following labels: Hours,
Days, Each, Report,
Contract, Miles, Daily,
Acres
0 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost
Project Monitors Contract 0 $0.00 $0.00 $272,250.00 $32,670.00 $0.00 Direct Cost FEMA EHP Expenses Contract 0 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost FEMA 5% Contingency Contract 0 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost Tree Removal Contractors Contract 0 $0.00 $0.00 $1,785,961.00 $214,315.32 $0.00 Direct Cost Butte Fire Safe Council Project
Management
Contract 0 $0.00 $0.00 $146,395.25 $17,567.43 $0.00 Direct Cost Town of Paradise Project
Management
Contract 0 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost
0 $0.00 $0.00 $2,204,606.25 $264,552.75 $0.00
Use Titles to briefly describe
each item. Cost Share from the
grantee and from a partner can
be tracked on separate lines.

Note that your indirect cost rate
setting (which must be between
0 and 12%) will automatically
apply to each line
In each rows
Description, enter the unit
of measurement and
choose from only the
following labels: Hours,
Days, Each, Report,
Contract, Miles, Daily,
Acres
0 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost
0 $0.00 $0.00 $0.00 $0.00 $0.00
Use Titles to briefly describe
each item. Cost Share from the
grantee and from a partner can
be tracked on separate lines.

Note that your indirect cost rate
setting (which must be between
0 and 12%) will automatically
apply to each line
In each rows
Description, enter the unit
of measurement and
choose from only the
following labels: Hours,
Days, Each, Report,
Contract, Miles, Daily,
Acres
0 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost
0 $0.00 $0.00 $0.00 $0.00 $0.00
Equipment
Contractual Total
Travel & Per Diem
Travel & Per Diem Total
Supplies
Supplies Total
Salaries & Wages
Salaries & Wages Total
Employee Benefits
Employee Benefits Total
Contractual
Budget Report
California Department of Forestry and Fire Protection (CAL FIRE) FY 2022-2023 Wildfire Prevention Grants
Pre-Award
370
Passthrough Agency: Report Date: 08/09/2023
Program: Requested By: Town of Paradise
Stage: [email protected]
Budget Items
Category Title Description Units Unit Cost Extended Cost Direct Cost Indirect Cost GL Account Cost Share Type Budget Report
California Department of Forestry and Fire Protection (CAL FIRE) FY 2022-2023 Wildfire Prevention Grants
Pre-Award
NOTE: Indirect cost rates do not
apply to Equipment. Use Titles to
briefly describe each item. Cost
Share from the grantee and from
a partner can be tracked on
separate lines.

In each rows
Description, enter the unit
of measurement and
choose from only the
following labels: Hours,
Days, Each, Report,
Contract, Miles, Daily,
0 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost
0 $0.00 $0.00 $0.00 $0.00 $0.00
Use Titles to briefly describe
each item. Cost Share from the
grantee and from a partner can
be tracked on separate lines.

Note that your indirect cost rate
setting (which must be between
0 and 12%) will automatically
apply to each line
In each rows
Description, enter the unit
of measurement and
choose from only the
following labels: Hours,
Days, Each, Report,
Contract, Miles, Daily,
Acres
0 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost
0 $0.00 $0.00 $0.00 $0.00 $0.00
To be used by CAL FIRE staff
only
To be used by CAL FIRE
staff only
1 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost
Paradise Indirect Costs Indirect Project
Expenses
1 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost
2 $0.00 $0.00 $0.00 $0.00 $0.00
Other
Category Title Description Units Unit Cost Extended Cost Direct Cost Indirect Cost GL Account Cost Share Type 0 $0.00 $0.00 $0.00 $0.00 $0.00
2 $0.00 $0.00 $2,204,606.25 $264,552.75 $0.00
$2,469,159.00 Total with IDC
Indirect Cost Total
Other
Other Total
Grant Total
Equipment Total
Other Costs
Other Costs Total
Indirect Cost
371
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community

J ERDAHL
FEB 2023

PROJECT LOCATION

MAP TTOOWWNN OOFF PPAARRAADDIISSEE
CCAATTEEGGOORRYY 44 EELLIIGGIIBBLLEE TTRREEEESS

TOWN OF PARADISE

PUBLIC WORKS DEPARTMENT
5555 Skyway Road
Paradise, California 95969
±
0 0.5 1
Miles
372
Town of Paradise
Council Agenda Summary
Date: October 10, 2023
Agenda Item: 6(g)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Community Development Block Grant Disaster Recovery, Workforce Development Update

LONG TERM
RECOVERY PLAN:

Yes
COUNCIL ACTION REQUESTED:

1. Hear an update on the CDBG DR Workforce Development allocation to Butte County for $18.7 million and a potential project and concur with continuing to work with partner agencies
Background:

After the 2018 Camp Fire, funding was appropriated by Congress through the Community Development Block Grant Disaster Recovery (CDBG DR) Program to provide recovery funding for disaster affected communities, including Butte County, and the Town of Paradise. CDBG DR funding was allocated for the 2017/2018 disasters in four areas:

1. Housing

2. Infrastructure

3. Workforce Development

4. Mitigation
The Housing and Infrastructure tranches of funding have already been allocated, and the Town is in various stages of project development and implementation utilizing these funds. The funding for Workforce Development was allocated at the beginning of 2023, awaiting the official Notice of Funding Availability (NOFA) which will specifically outline the eligible projects and steps needed to qualify a project for these funds.

Butte County was allocated $18.7 Million, by far the largest percentage of allocation for the 2017/18 year. To utilize these funds, the Town must submit an eligible project within the application period to be awarded funding. In anticipation of this NOFA release, the Town has been meeting with our local Economic Development and Workforce partners over the last 3 years to conceptualize a project that could benefit our region. The partners that have been meeting on this topic include:

Butte County
Butte College
Butte Fire Safe Council
Oroville Adult School
Nortec
3CORE
373
Valley Contractor’s Exchange
CSU Chico
Alliance For Workforce Development
Butte College – The Training Place
Paradise Unified School District
Butte County Office of Education
Red Cross
City of Chico
Analysis:

Pending the release of the NOFA, the partners listed above are interested in a project that would construct a workforce training center on the Paradise High School Property which would focus on resilient building and forestry technologies, as well as companion training, and be a resiliency hub for training in the region. The funds would be utilized to pay for the rehab or reconstruction of two existing buildings on the Paradise High School campus, and for the various training programs which would be run by our local training partners. The project is still in the conceptual stage, with the details waiting on the NOFA.

Once the project has been finalized, Staff will present the project to Council for approval prior to submitting the application to the California Department of Housing and Community Development (HCD) which is administering CDBG DR. The Town of Paradise intends to be the lead applicant, and depending on the NOFA, may include our partners as co- or sub- applicants.

Financial Impact:

Butte County has been allocated $18.7 million through CDBG DR Workforce Development. An application for an eligible project would have to be submitted in order to utilize any of these funds. 374