Town of Paradise
Town Council Meeting Agenda
6:00 PM – November 14, 2023
Town of Paradise Council Chamber – 5555 Skyway, Paradise, CA
Meeting Procedures
I. The Mayor is the Presiding Chair and is responsible for maintaining an orderly meeting. The Mayor calls the meeting to order and introduces each item on the agenda.
II. The Town staff then provides a report to Council and answers questions from the Council.
III. Citizens are encouraged to participate in the meeting process and are provided several opportunities to address Council. Any speaker addressing the Council is limited to three minutes per speaker - fifteen minutes per agenda item A. If you wish to address the Council regarding a specific agenda item, please complete a “Request to Address Council” card and give it to the Town Clerk prior to the beginning of the meeting. This process is voluntary and allows for citizens to be called to the speaker podium in alphabetical order.
Comments and questions from the public must be directed to the Presiding Chair and Town Council Members (please do not address staff.) Town staff is available to address citizen concerns Monday through Thursday at Town Hall between the hours of 8am and 5pm.
B. If you wish to address Council regarding an item not on the agenda, you may do so under Item 4, “Public Communication.” Again, please fill out a card and give it to the Town Clerk before the meeting. State Law prohibits Council action on items not listed on a public agenda.
In compliance with the Americans with Disabilities Act (ADA) Compliance, persons who need special accommodations to participate in the Town Council meeting may contact the Town Clerk at least three business days prior to the date of the meeting to provide time for any such accommodation.
Town Manager, Jim Goodwin
Town Attorney, Scott E. Huber
Town Clerk/Elections Official, Dina Volenski
CDD, Planning & Onsite, Susan Hartman
CDD, Building & Code Enforcement, Tony Lindsey
Finance Director/Town Treasurer, Aimee Beleu
Public Works Director/Town Engineer, Marc Mattox
Division Chief, CAL FIRE/Paradise Fire, Garrett Needles Chief of Police, Eric Reinbold
Recovery & Economic Development Director, Colette Curtis Human Resources & Risk Management Director, Crystal Peters Information Systems Director, Luis Marquez
Mayor, Greg Bolin
Vice Mayor, Rose Tryon
Council Member, Steve Crowder
Council Member, Steve “Woody” Culleton
Council Member, Ron Lassonde
1 1. OPENING
1a. Call to Order
1b. Pledge of Allegiance to the Flag of the United States of America 1c. Invocation
1d. Roll Call
1e. Proclamation recognizing November as Homeless and Runaway Youth Awareness Month.
1f. p5 Colette Curtis, Recovery and Economic Development Director - Recovery Projects, Advocacy, Economic Recovery and Development, Communications and Emergency Operations
p8 Marc Mattox, Public Works Director/Town Engineer - Infrastructure and Sewer Update
p10 Tony Lindsey, CDD-Building and Code Enforcement - Code Enforcement Update
p14 Kate Anderson, Business and Housing Manager - Business and Housing Update
2. CONSENT CALENDAR
One roll call vote is taken for all items. Consent items are considered to be routine business that does not call for discussion.
2a. p16 Approve Special and Regular minutes of the October 10, 2023 Town Council meeting.
2b. p23 Approve the October 2023 Cash Disbursements in the amount of $3,373,922.96.
2c. p31 Review and file the 1st Quarter Investment Report for the fiscal year ending June 30, 2024.
2d. p60 Approve Resolution No. 2023-51, “A Resolution of the Town Council of the Town of Paradise Adopting Administrative Policy 225, a Personally Identifiable Information Policy (PII).”
2e. p66 1. Declare the attached described equipment as surplus property; and
2. Adopt Resolution No. 2023-52, “A Resolution of the Town Council of the Town of Paradise, Declaring Certain Town Equipment to be Surplus and Obsolete and Authorizing Disposal by the Town Manager or His Designee.” 2f. p68 1. Approve Program Supplement Agreement No. 00000A280 to the Master Agreement Administering Agency-State Agreement for State Funded Projects, Agreement No. 03-5425S21 for Go Paradise: Skyway Link.
2. Adopt Resolution 2023-53 “A Resolution of the Town Council of the Town of Paradise Designating Authority to the Paradise Town Manager to Sign the Program Supplement Agreement No. 00000A280 Between the California Department of Transportation and the Town of Paradise for the 2 3
Active Transportation Program Corresponding to Project Go Paradise:
Skyway Link.”
3. Approve Program Supplement Agreement No. F022 Rev. 2 to the Master Agreement Administering Agency-State Agreement for Federal-Aid Projects, Agreement No. 03-5425F15 for Go Paradise: Pentz Student Pathway.
4. Adopt Resolution 2023-54 “A Resolution of the Town Council of the Town of Paradise Designating Authority to the Paradise Town Manager to Sign the Program Supplement Agreement No. F022 Rev. 2 Between the California Department of Transportation and the Town of Paradise for the Active Transportation Program Corresponding to Project Go Paradise:
Pentz Student Pathway.”
5. Approve the attached Master Agreement No. 03-5425S21 Administering Agency-State Agreement for State-Funded Projects.
6. Adopt Resolution 2023-55“A Resolution of the Town Council of the Town of Paradise Designating Authority to the Paradise Town Manager to Sign the Master Agreement No. 03-542S21 Between the California Department of Transportation and the Town of Paradise for State-Funded Projects.” 2g. p105 Adopt Resolution No. 2023-56, “A Resolution of the Town Council of the Town of Paradise Authorizing the Town Manager or Their Designee to Execute Grant of Easement to Pacific Gas & Electric Company for the Purposes of the Town’s Installation of Electric Vehicle Charging Stations at 220 Pearson Road.”
3. ITEMS REMOVED FROM CONSENT CALENDAR
4. PUBLIC COMMUNICATION
For matters that are not on the Council business agenda, speakers are allowed three (3) minutes to address the Council. The Town Council is prohibited from taking action on matters that are not listed on the public agenda. The Council may briefly respond for clarification and may refer the matter to the Town staff.
5. PUBLIC HEARINGS - None
6. COUNCIL CONSIDERATION
Action items are presented by staff and the vote of each Council Member must be announced. A roll call vote is taken for each item on the action calendar. Citizens are allowed three (3) minutes to comment on agenda items.
6a. p114 1. Consider waiving the first reading of Town Ordinance No. ______ and read by title only; and, 2. Introduce Town Ordinance No. _____. “An Ordinance Amending Paradise Municipal Code Section 10.20.100 Relating To Parades And Compliance With Parade Permits Terms; or, 3. Adopt an alternative directive to Town staff. (ROLL CALL VOTE)
6b. p119 1. Consider concurring with staff’s recommendation of Coastland|DCCM to perform professional civil engineering services on a variety of federally, state, and locally funded efforts contingent upon 3 Caltrans Office of Audits and Investigation acceptance of financial document submittals; and,
2. Approve the attached Professional Services Agreement RFQ 2023-004 with Coastland|DCCM; and,
3. Adopt Resolution 2023 - __ “A Resolution of the Town Council of the Town of Paradise Designating Authority to the Paradise Town Manager To Execute The Agreement for Professional Services and Individual Task Orders Under the Professional Services Agreement for RFQ 2023-004 OnCall Professional Civil Engineering Services – Skyway Corridor up to the Maximum Contract Aggregate Amount of Five Million Dollars to Expedite and Facilitate Camp Fire Recovery Efforts”. (ROLL CALL VOTE) 6c. p149 Provide Town Council with an update on the Town's storm drainage systems. No action is requested; this item is for information only. 6d. p159 Consider adopting Town of Paradise Resolution No. 2023-_____, “A Resolution of the Town Council of the Town of Paradise Amending the Local Agency Management Program (LAMP) Relating to Onsite Sewage Disposal Regulations.” (ROLL CALL VOTE)
7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items
7b. Council reports on committee representation
7c. Future Agenda Items
8. STAFF COMMUNICATION
8a. Town Manager Report
Community Development Director
9. CLOSED SESSION - None
10. ADJOURNMENT
4 Town of Paradise
Council Agenda Summary
Date: November 14, 2023
Agenda Item: 1(f)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Monthly Recovery Update
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. None
Background:
This report continues the Monthly Updates provided to keep the Town Council apprised of important developments related to the recovery of the Town of Paradise from the Camp Fire.
Included in this update are items related to recovery projects, advocacy economic recovery and development, communications and emergency operations.
Analysis:
ECONOMC DEVELOPMENT
Commercial Sign Removal Program
o Application period opened January 16th, 2023.
o $71,921.95 is left in the program.
o Less than 20 non-compliant signs remain.
o All properties with non-compliant signs have received a notice of violation and information about the program.
CDBG-DR Economic Development
The Butte County allocation for CDBG DR Economic Development has been announced at $18.7 million.
The Program Policies and Procedures Manual was released in spring 2023. Notice of Funding Availability (NOFA) was released on September 29th, 2023. The Town is working with our regional workforce partners on an application for a workforce training center, located on the Paradise High School campus, that would focus on resilient building techniques.
Our partners include Paradise Unified School District, Butte College, Valley Contractor’s Exchange, Oroville Adult School, Alliance for Workforce Development, and 3Core. Staff will present information on this effort on the December Council Agenda. 5 Paradise Ridge Brand Campaign
Rebranding effort led by the Paradise Ridge Chamber of Commerce Goal is to create a cohesive brand strategy to market the ridge to businesses and residents.
The next step is a website for new residents which is currently being developed by the consultant who drafted the study and strategy.
The website is fully funded through existing grant funds received by the Chamber of Commerce.
Advocacy Day and Legislative Tour
The Town collaborated with the Campfire Collaborative, Rebuild Paradise Foundation, North Valley Community Foundation, and Assemblyman Gallagher’s Office on a gratitude day on November 2
nd in Sacramento.
The focus was on gratitude for the help we’ve received over the last five years. A legislative tour is also being planned for January for state legislators to see firsthand what progress has been made and the continued need in recovery.
RECOVERY
Category 4 Tree Removal Program
Program opened to applicants in July of 2022 and received 577 applicants. This represents 1,014 acres of private property across the Town. The assessment Phase has been completed. Nearly 11,000 standing dead trees have been identified, tagged and catalogued for review by FEMA/CalOES Phase 2 continues to be in Federal Environmental Review. We were recently notified that FEMA expect to complete this review in early 2024. Town Council has approved a management contract with Butte County Fire Safe Council to manage removal. Contract will be executed upon Phase 2 FEMA Approval. Tree cutting process would commence after full phase 2 approval of submitted tree inventory.
After extensive work with Cal Fire, the Town was recently notified that we have been awarded the CAL FIRE CALIFORNIA CLIMATE INVESTMENTS(CCI) WILDFIRE PREVENTION (WP) GRANT that will cover the entirety of the 25% property owner match requirement. This will mean no cost to property owners for tree removal and a much simpler process of tree removal overall.
FEMA recently authorized work to begin in some planning activities in order to save time when the project is awarded.
Early Warning Sirens
The Early Warning Sirens were fully approved in April 2022 and a contract was awarded in July 2022.
20 of the 21 Towers are fully operational.
The final phase of construction is ongoing as tree aesthetics are installed, control units are installed, and training begins, and permanent PG&E power hookups are completed. 6 Residential Ignition Resistant Retrofit Program
This project was opened to residents to apply in May 2023 and closed July 31, 2023. 118 property owners have submitted applications.
Assessments will be completed by Oct. 6th and all Phase 1 closeout documents will be transferred to CalOES/FEMA by Oct. 13th.
Phase 2 retrofits will occur upon full approval of the environmental process in early 2024.
Hazardous Fuels Reduction Program
Undergoing Federal Environmental Review. We were recently notified that FEMA expects to complete this review in early 2024.
All other Town required action items are complete.
Defensible Space Code Enforcement
Defensible Space Code Enforcement was determined to be an area that could be completed sooner, with a revised timeline for approval in November 2023. All other Town required action items are complete.
COMMUNICATIONS
5
th Anniversary of the Camp Fire
o Events to mark the anniversary were held in coordination with our partner organizations and include:
Support for the Phoenix 5k on Sat. Nov. 4th with a pancake breakfast. (about 350 attendees)
Daffodil planting on Nov. 5th at Paradise Community Park with Paradise Garden Club and Rebuild Paradise. (about 100 attendees) Street Eats and Local Beats at the PPAC on Nov. 6 (about 500 attendees) “Paint your Paradise” A guided painting event at Terry Ashe in coordination with the Paradise Art Center on Nov. 7 (80 RSVPs)
A community moment of silence and time capsule ceremony on Nov. 8th.
EMERGENCY MANAGEMENT
A winter storm tabletop exercise is being held with cooperating agencies on Nov. 15th. The Town is working on an agreement with Butte County for a virtual EOC platform to streamline EOC processes.
EOC Training for staff specific to sections and additional EOC wide tabletop exercises are being planned for fall.
Financial Impact:
None.
7 1
TOWN OF PARADISE
Council Agenda Summary
Date: November 14, 2023
Agenda No. 1(f)
ORIGINATED BY: Marc Mattox, Public Works Director / Town Engineer REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Camp Fire Recovery Updates - Infrastructure
COUNCIL ACTION REQUESTED:
1. None, written monthly update only.
Background:
This report continues the Monthly Disaster Recovery Updates provided to keep the Town Council apprised of important developments related to the recovery of the Town of Paradise from the Camp Fire.
Analysis:
Road Rehabilitation
In August, Town Council awarded a contract to Hat Creek Construction for road rehabilitation work in areas such as lower Honey Run Road, Circlewood Drive, Glen Drive, Stearns Road, DeMille Road, Malibu Drive, Nunneley Road, Kibler Road and others. The project’s first phase is complete, paving the Circlewood neighborhood, Honey Run Road and downtown streets.
Remaining work will be completed in spring of 2024. A map of the project areas is provided below:
Paving projects for 2024 are slated to reach Town Council for approval to advertise for bids in December 2023 – an additional 20 miles of work planned.
Complete
Complete
8 2
Paradise Sewer Project
Accomplishments in Past Month
Released the Request for Qualifications (RFQ) for Progressive Design Build (PDB) Services for the Paradise Sewer Project on October 30, 2023. Statement of Qualifications (SOQ) are due December 8, 2023. The Selection Committee intends to recommend a PDB team to proceed with no later than December 20, 2023. All 6 teams previously committed to propose on the project have formally submitted their intent to submit a SOQ.
Kicked off the IMA required Project Coordination Team (PCT) with project partners from the City of Chico and Butte County.
Kicked off monthly alignment meetings with the DFA team.
Supported and took part in the 5 Year Camp Fire Commemorative Events.
Key Activities in the Next Month
Respond to PDB RFQ questions.
Schedule initial informal consultations with all permitting entities.
Submit Task Order 2 Amendment to provide Permitting services through acceptance of permits.
Meet with municipal entities that have completed a similar Septic-to-Sewer project, such as Los Osos, Yucca Valley and High Desert to gain lessons learned. 9
Town of Paradise
Council Agenda Summary
Date: November 14, 2023
Agenda Item: 1(f)
ORIGINATED BY: Tony Lindsey, Community Development
Director, Building & Code Enforcement
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Camp Fire Recovery Updates – Code Enforcement
LONG-TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED: None
Background:
The Code Enforcement Division is committed to fostering a safe and appealing living and working environment. Our mission is to uphold and enhance our community's overall quality through the fair and impartial implementation of an enforcement program to rectify violations of municipal codes and land use regulations. In collaboration with residents, neighborhood associations, public service agencies, and other Town departments, we strive to:
Promote voluntary compliance with Town codes.
Identify and address violations promptly and fairly.
Foster collaboration efforts to address community concerns. Actively engage with the community in navigating the code enforcement process.
Analysis:
Temporary Use Permits (TUPs) issued under the Urgency Ordinance (Exhibit A).
October September
Parcels with RV Storage only 62 63
Parcels permitted to occupy an RV 146 147
Accessory structures 13 14
RV Code Enforcement activity. (Exhibit B):
October September
Occupied sites without TUPs 29 31
Occupied sites with TUP Violations 4 6
Compliance gained/RV cases closed 8 7
The Community Enhancement Outreach Team, consisting of Disaster Case Managers, Fire Prevention, Housing, Police Department, and Code Enforcement personnel, visited permitted and unpermitted RV sites. During these visits, the team interacted with community members to support unaddressed needs and disseminate information about available assistance programs. 10
October September
Sites Visited 60 46
Community members contacted 21 25
Tenants 10 6
Owner-occupied 11 19
Supplied contact information 15 21
Do not qualify 7 4
Fire Prevention is crucial to our community's safety and supports our continued economic growth, focusing on three primary goals: Education, Engineering, and Enforcement. Our defensible space and hazardous fuel management ordinance requires property owners to uphold fire-safe conditions, regardless of residency. The dedicated Fire Prevention team conducts weed abatement inspections on 11,100 parcels throughout our community to ensure compliance and reduce fire hazards.
Escrow defensible space inspections October September
Clearance requests received 72 74
Certificates issued 57 60
Land Surveyor's Certifications 9 9
First inspection compliance rate 78% 68%
Weed abatement inspections
Compliant parcels 8,427 – 76% 8,284 – 74%
Active Code cases 285 304
Commercial parcels 22 19
Residential parcels 263 285
Other Code Enforcement Items:
Abandoned Vehicle Authority October September
Abatements 7 13
Commercial Sign October September
Violations 15 39
Complaints have been received concerning a range of issues, encompassing waste and refuse, zoning violations related to signs, construction without the necessary permits, fire hazards, concerns linked to vehicles, vending violations, absence of garbage service, grading issues, and the presence of unpermitted laydown yards.
11 TUPs under ORD 612 5/31/22
RV TUP STORAGE ONLY RV TUP OCCUPIED 7/27/2022
12/21/2022 12
TUPs under ORD 612
RV TUP STORAGE ONLY RV TUP OCCUPIED
TUP Violations 5/31/22
Violations w/ TUP RV no TUP
12/21/2022 7/27/2022
13 Town of Paradise
Council Agenda Summary
Date: November 14, 2023
Agenda Item: 1(f)
ORIGINATED BY: Kate Anderson, Housing Program Manager
REVIEWED BY: James Goodwin, Town Manager
SUBJECT: Housing Recovery Update
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
None
Background:
This report provides the Town Council with an update on Housing activities. A summary of the programs, with overall interest and change from the last month, follows.
Analysis:
We have 32.51% of our pre-disaster housing stock to-date (1,377 surviving units + 2,577 new CofOs to-date [an increase of 48 from last month] = 3,954 habitable dwellings / 12,015 housing units before the Camp Fire). An additional 814 permits have been issued (up 17 from last month) but have not received their CofO yet.
Town of Paradise Owner-Occupied Rehabilitation/Reconstruction Program ($16 million) -- This program helps homeowners rehabilitate or reconstruct their home. We have completed 48 homes, have 12 under construction, and 20 applications in process (up 5 from last month).
Town of Paradise First-Time Homebuyer Program ($7 million) -- Helping to make home ownership more affordable by providing assistance towards the purchase price and closing costs of an owner-occupied, affordable housing unit. We have assisted 26 households with their purchase and have 11 applications in process (up 4 from last month).
Town of Paradise Septic Grant Program ($570,000) -- Grants to assist Camp Fire survivors to repair or replace septic systems damaged or destroyed during the Camp Fire or subsequent clean-up efforts. We have assisted 28 households with the repair or replacement of their system, 1 is under construction and 15 applicants are pending but we only have remaining funds for one more system. We are now referring people to Rebuild Paradise Foundation for their septic grant.
CDBG-DR Multifamily Rental Housing Program ($55 million) -- Goal is to create affordable rental housing.
Seven (7) projects were submitted for a total of 290 units. One project (4 units) is currently leasing up and two projects (55 units) should be available by fall 2024. Two other projects (91 units) have received tax credits and are working through environmental review, and 2 projects (140 units) will apply for tax credits in the spring.
HOME Infill New Construction ($700,000) -- Create affordable housing for first-time homebuyers. Grant has been awarded but waiting for Standard Agreement from HCD. 14 Permanent Local Housing Allocation (PLHA) ($399,166) -- Housing-related projects and programs that assist in addressing unmet needs. We are working with North Valley Housing Trust to administer funds to multifamily project(s) for short-term, pre-development loans. Matching funds are required NVHT.
CDBG (2023 Annual Allocation=$100,691; unspent funds=$130,473.63) -- Continuing to fund public services and lot acquisition for affordable homeownership. CV funds ($208,244 not included above) will assist households living in RVs with emergency rental assistance. Program is now available.
Financial Impact:
None.
15 MINUTES
PARADISE TOWN COUNCIL
SPECIAL MEETING – 5:30 PM – October 10, 2023
1. OPENING
The Special meeting of the Paradise Town Council was called to order by Mayor Bolin at 5:30 p.m. in the Council Chambers located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America.
COUNCIL MEMBERS PRESENT: Steve Crowder, Steve “Woody” Culleton, Ron Lassonde, Rose Tryon and Greg Bolin, Mayor.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Jim Goodwin, Town Clerk/Elections Official Dina Volenski, and Town Attorney Scott E. Huber.
At 5:32 p.m. Mayor Bolin announced that the Town Council would adjourn to Closed Session for the following item:
2. CLOSED SESSION
2a. Pursuant to Government Code section 54956.9(d)(4), the Town Council will meet with the Interim Town Manager and Town Attorney to consider initiation of litigation - two (2) potential cases.
After reconvening from Closed Session at 6:00 p.m. Mayor Bolin announced that no reportable action was taken, direction was given.
3. ADJOURNMENT
Mayor Bolin adjourned the Council meeting at 6:00 p.m.
Date approved:
By: Attest:
________________________ _________________________
Greg Bolin, Mayor Dina Volenski, CMC, Town Clerk
16 Comm TOWN COUNCIL
Meeting Minutes
6:00 PM – October 10, 2023
1. OPENING
The Regular meeting of the Paradise Town Council was called to order by Mayor Bolin at 6:01 p.m. in the Town Council Chamber located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America. An invocation was offered by Council Member Lassonde.
COUNCIL MEMBERS PRESENT: Steve Crowder, Steve “Woody” Culleton, Ron Lassonde, Rose Tryon and Greg Bolin, Mayor
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Jim Goodwin, Town Attorney Scott E. Huber, Town Clerk/Elections Official Dina Volenski, Community Development Director Tony Lindsey, Public Works Director/Town Engineer Marc Mattox, Finance Director/Town Treasurer Aimee Beleu, Recovery and Economic Development Director Colette Curtis, Business and Housing Manager Kate Anderson, Project Manager Brian Solecki, Police Chief Eric Reinbold, Police Lieutenant Anthony Borgman and Fire Chief Patrick Purvis. 1a. Mayor Bolin presented a proclamation recognizing James Bozzer for 20 years of service as a Volunteer in Police Service (VIP). (180-40-027) 1b. Mayor Bolin presented a proclamation recognizing Habitat for Humanity of Butte County for 30 years of service to the community. Tom Baker and Executive Director Nichole Bateman accepted the proclamation on behalf of Habitat for Humanity of Butte County. (180-40-027)
1c. Camp Fire Recovery Update - Written reports are included in the agenda packet. (110-60-061)
Colette Curtis, Recovery and Economic Development Director-Recovery Projects, Advocacy, Economic Recovery and Development,
Communications and Emergency Operations
Marc Mattox, Public Works Director/Town Engineer - Infrastructure and Sewer Update
Tony Lindsey, CDD-Building and Code Enforcement - Code Enforcement Update
Kate Anderson, Business and Housing Manager - Business and Housing Update
17 2. CONSENT CALENDAR
MOTION by Tryon, seconded by Culleton, approved consent calendar items 2a, 2b, 2c, 2e, and 2g with items 2d, 2f, and 2h removed from the consent calendar.
Roll call vote was unanimous.
2a. Approved minutes of the September 12, 2023 Special and Regular Town Council meetings.
2b. Approved September 2023 Cash Disbursements in the amount of $3,200,888.31. (310-10-034)
2c. 1. Waived the second reading of Town Ordinance No. 628 and read by title only; and, 2. Adopted Town Ordinance No. 628 “An Ordinance Rezoning Certain Real Property from “RR-1” (Rural Residential 1-acre minimum) to an RR ½ (Rural Residential ½-acre minimum) Zone Pursuant to Paradise Municipal Code Sections 17.45.500 Et. Seq. (Fisher: PL23-00111)”. (540-16-197)
2d. ITEM REMOVED FROM CONSENT CALENDAR
2e. Reviewed and filed the 3rd and 4th Quarter Investment Reports for the Fiscal Year Ending June 30, 2023. (360-30-006)
2f. ITEM REMOVED FROM CONSENT CALENDAR
2g. 1. Waived the second reading of Town Ordinance No. 629 and read by title only; and, 2. Adopted Ordinance No. 629, “An Ordinance Amending Section
10.02.060 of the Paradise Municipal Code Regarding Vehicular Speed Limits”. (540-16-198)
1. Ward Habriel commented that there are some people who think Paradise PD do not like writing speeding tickets.
2h. ITEM REMOVED FROM CONSENT CALENDAR
3. ITEMS REMOVED FROM CONSENT CALENDAR
2d. Vice Mayor Tryon requested item 2d be removed from the consent calendar. Public Works Director/Town Engineer Marc Mattox explained the cost savings/financial impacts over the next three years with the proposed reclassifications.
MOTION by Tryon, seconded by Lassonde, Approved the recommended personnel change to Engineering position control as follows. Roll call vote was unanimous. (610-10-015, 610-10-017, 610-10-018)
1. Approved the Job Description and Salary Pay Plan of Supervising Project Manager
2. Reallocated the budgeted and vacant Engineering Division Manager position to Supervising Project Manager position.
3. Reclassified the budgeted and filled Sr. Capital Projects Manager to Supervising Project Manager.
18 4. Reallocated the budgeted and vacant Infrastructure Program Manager and Capital Projects Manager positions to (2) Associate Engineer positions. 2f. Mayor Bolin recused himself from the dais due to a potential conflict of interest.
MOTION by Lassonde, seconded by Crowder, Approved the
Professional Services Agreement with the Butte Fire Safe Council and authorized the Town Manager to execute the contract in order to proceed with recent FEMA/CalOES approved Pre-Phase 2 award work. Roll call vote was unanimous with Mayor Bolin absent and not voting. (510-20-381) Mayor Bolin returned to the dais.
2h. Vice Mayor Tryon requested item 2h be removed from the consent calendar. Police Chief Eric Reinbold explained the financial impacts with the proposed addition of one full time officer to position control for the 2023/24 Fiscal Year.
1. Ward Habriel spoke in favor of this item.
MOTION by Tryon, seconded by Lassonde, Authorized one additional Police Officer Full Time Equivalent (FTE) to be temporarily added to the position control for the 23/24 fiscal year. Roll call vote was unanimous. (610-10-017)
4. PUBLIC COMMUNICATION
1. Ward Habriel invited Council to the Butte County Fire Safe Council promotional movie night, “Wilder than Wild” and shared that he bought the property next to his to use it as a fire break.
5. PUBLIC HEARINGS – None
6. COUNCIL CONSIDERATION
6a. Town Attorney Scott Huber presented proposed Resolution 2023-46, which was a requirement set forth by the County in order to record liens and special assessments on properties for the cost of code enforcement abatement activities.
MOTION by Culleton, seconded by Crowder, Adopted Resolution No. 2023-46, “A Resolution of the Town Council of the Town of Paradise Confirming Costs of Abatement and Approving Liens and Special Assessments against Specific Properties for Code Enforcement Activities.” Roll call vote was unanimous. (350-50-001)
19 6b. Public Works Director/Town Engineer Marc Mattox presented proposed Resolution No. 2023-47 relating to the Plans and Specifications for the Animal Shelter Expansion Project.
MOTION by Culleton, seconded by Tryon, Adopted Resolution No. 2023- 47, “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 was unanimous. (410-50-002)
6c. Public Works Director/Town Engineer Marc Mattox presented proposed Resolution No. 2023-48 relating to the Interim Striping Safety Project 2023.
MOTION by Culleton, seconded by Tryon, Adopted Resolution No 2023- 48, “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 was unanimous. (510-20-402, 950-40-069) 6d. Public Works Director/Town Engineer Marc Mattox presented proposed Resolution No. 2023-49 relating to the Paradise Transit Center.
1. Carrie Max asked who would maintain the proposed transit center.
Mr. Mattox explained that the Butte County Association of Governments would maintain the Transit Center, if approved.
MOTION by Tryon, seconded by Lassonde, Adopted Resolution No. 2023-49, “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 was unanimous. (510-20-403, 150-10-082) 6e. Public Works Director/Town Engineer Marc Mattox presented proposed Resolution No. 2023-50 relating to the Evacuation Zone Sign Project.
MOTION by Culleton, seconded by Lassonde, Adopted Resolution No 2023-50, “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 was unanimous. (510-20-404, 420-30-010) 20 6f. Recovery and Economic Development Director Colette Curis provided an overview of the proposed CAL FIRE California Climate Investment Grant Agreement.
MOTION by Crowder, seconded by Culleton, Acknowledged receipt and authorized the Town Manager to execute the 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 was unanimous. (510-20-405, 420-25-009)
6g. Recovery and Economic Development Director Colette Curis provided an update on the CDBG DR Workforce Development allocation to Butte County for $18.7 million and a potential project. (710-10-104) All Council concurred with continuing to work with partner agencies.
7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items – None
7b. Council reports on committee representation:
Council Member Lassonde attended BCAG and BCAMD meetings; the Snoop Sister’s Ribbon Cutting; and Johnny Apple Seed Days where he worked the Town booth.
Council Member Crowder had a phone call with Kathy Yani of the Fire Victims Trust who shared that there should be one more payout from the Trust. He shared that AB556 has been extended for an additional three years, allowing residents of Butte County to rebuild their houses under the same tax basis as before the Fire. Council Member Crowder attended Johnny Apple Seed Days where he worked the Town booth, as well as several ribbons cuttings; Ross’ grand opening, and shared that the Rotary Club had a Zoom call with Maui officials.
Vice Mayor Tryon attended the Legislative Committee meeting to review the Town’s platform; attended Butte County Association of Governments and Butte County Air Quality District meetings; the Solid Waste Committee meeting; a seminar on biomass and waste, and attended Johnny Apple Seed Days where she worked the Town booth.
Council Member Culleton attended Johnny Apple Seed Days where he worked the Town booth and the Solid Waste Committee meeting.
Mayor Bolin attended the monthly LAFCo meeting.
7c. Future Agenda Items
Council Member Lassonde requested the Town’s drainage concerns be addressed on the next Town Council agenda.
21 8. STAFF COMMUNICATION
8a. Town Manager Goodwin reported that he attended Johnny Apple Seed Days.
9. CLOSED SESSION – None
10. ADJOURNMENT
Mayor Bolin adjourned the meeting at 7:34 p.m.
Date approved:
By: Attest:
________________________ _________________________
Greg Bolin, Mayor Dina Volenski, CMC, Town Clerk
22 TOWN OF PARADISE
CASH DISBURSEMENTS REPORT
FOR THE PERIOD OF
October 1, 2023 - October 31, 2023
23 CASH DISBURSEMENTS REPORT
October 1, 2023 - October 31, 2023
Check Date Pay Period End Description Amount Total
10/13/2023 10/8/2023 Net Payroll - Direct Deposits and Checks 210,395.73 $ 10/27/2023 10/22/2023 Net Payroll - Direct Deposits and Checks 226,804.38 $ $ 437,200.11
Accounts Payable
Payroll Vendors: Taxes, PERS, Dues, Insurance, Etc. 471,541.54Operations Vendors: Supplies, Contracts, Utilities, Etc. 2,465,181.31 TOTAL CASH DISBURSEMENTS ACCOUNTS PAYABLE 2,936,722.85GRAND TOTAL CASH DISBURSEMENTS 3,373,922.96 $ APPROVED BY:
Aimee Beleu - Finance Director/Town Treasurer
APPROVED BY:
Jim Goodwin - Town Manager
24 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
AP - US Bank TOP AP Checking
Check
84448 10/02/2023 Open Accounts Payable ICMA 457 - MissionSquare $1,810.28 84449 10/02/2023 Open Accounts Payable STATE DISBURSEMENT UNIT $634.26 84450 10/05/2023 Open Accounts Payable 4LEAF, Inc $7,553.00 84451 10/05/2023 Open Accounts Payable Angelo, Kilday & Kilduff, LLP $1,320.00 84452 10/05/2023 Open Accounts Payable AT&T & CALNET3 - CIRCUIT LINES $102.47 84453 10/05/2023 Open Accounts Payable AT&T MOBILITY $89.46 84454 10/05/2023 Open Accounts Payable AT&T/CALNET3 - REPEATER LINES $196.20 84455 10/05/2023 Open Accounts Payable AT&T/CALNET3 - COMMUNITY PARK
$29.03
84456 10/05/2023 Open Accounts Payable AT&T/CALNET3 - Summary $2,174.31 84457 10/05/2023 Open Accounts Payable AT&T/CALNET3 - Summary $29.52 84458 10/05/2023 Open Accounts Payable AT&T/CALNET3 - TH/FDPD FIBER LINES
$1,053.16
84459 10/05/2023 Open Accounts Payable AWARDS COMPANY $17.32 84460 10/05/2023 Open Accounts Payable Big O Tires $174.83 84461 10/05/2023 Open Accounts Payable Biometrics4ALL, Inc $20.25 84462 10/05/2023 Open Accounts Payable Blue Flamingo Marketing Advocates $11,725.00 84463 10/05/2023 Open Accounts Payable Broad & Gusman $4,000.00 84464 10/05/2023 Open Accounts Payable Browns Towing $625.00 84465 10/05/2023 Open Accounts Payable Bug Smart $124.00 84466 10/05/2023 Open Accounts Payable BUTTE CO SHERIFF'S OFFICE $94,752.16 84467 10/05/2023 Open Accounts Payable Butte County Construction Inc $33,500.00 84468 10/05/2023 Open Accounts Payable BUTTE REGIONAL TRANSIT $228.25 84469 10/05/2023 Open Accounts Payable Consolidated Electrical Distributors, INC.
$632.09
84470 10/05/2023 Open Accounts Payable Creative Composition Inc $402.68 84471 10/05/2023 Open Accounts Payable CSG Consultants, Inc. $23,288.75 84472 10/05/2023 Open Accounts Payable DOBRICH & SONS SEPTIC $1,177.50 84473 10/05/2023 Open Accounts Payable Dokken Engineering, Inc. $6,931.56 84474 10/05/2023 Open Accounts Payable Eidhammer, Trenton $300.00 84475 10/05/2023 Open Accounts Payable EVERGREEN JANITORIAL SUPPLY, INC.
$361.14
84476 10/05/2023 Open Accounts Payable FEDERAL EXPRESS $7.70 84477 10/05/2023 Open Accounts Payable FP/FRANCOTYP-POSTALIA
MAILING SOLUTIONS
$135.00
84478 10/05/2023 Open Accounts Payable Free Style Embroidery $304.59 84479 10/05/2023 Open Accounts Payable Golden State Emergency Vehicle Service, Inc.
$3,822.31
84480 10/05/2023 Open Accounts Payable GOVERNOR'S OFFICE OF
EMERGENCY SERVICES
$525.25
84481 10/05/2023 Open Accounts Payable GREAT AMERICA LEASING CORP. $145.47 84482 10/05/2023 Open Accounts Payable GREEN RIDGE LANDSCAPING $5,746.00 84483 10/05/2023 Open Accounts Payable HINDERLITER, DE LLAMAS & ASSOCIATES INC.
$600.00
84484 10/05/2023 Open Accounts Payable Hope Crisis Response Network, Inc $4,600.00 84485 10/05/2023 Open Accounts Payable Hope Crisis Response Network, Inc $17,900.00 84486 10/05/2023 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV
SVCS/US BANCORP
$7,723.68
84487 10/05/2023 Open Accounts Payable INTERSTATE OIL COMPANY $103.96 user: Aimee Beleu Pages: 1 of 6 Thursday, November 2, 2023 Payment Register
TOWN OF PARADISE
From Payment Date: 10/1/2023 - To Payment Date: 10/31/2023 25 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
84488 10/05/2023 Open Accounts Payable INTERSTATE SALES $786.58 84489 10/05/2023 Open Accounts Payable JOHNNY ON THE SPOT
PORTABLES
$566.60
84490 10/05/2023 Open Accounts Payable KNIFE RIVER CONSTRUCTION $931,392.32 84491 10/05/2023 Open Accounts Payable KP Research Services, Inc. $1,500.00 84492 10/05/2023 Open Accounts Payable L.N. CURTIS & SONS $3,729.04 84493 10/05/2023 Open Accounts Payable LIFE ASSIST INC $21.51 84494 10/05/2023 Open Accounts Payable Mark Thomas & Company Inc $58,130.87 84495 10/05/2023 Open Accounts Payable Meyers Police K-9 Training, LLC $1,725.00 84496 10/05/2023 Open Accounts Payable MILLER GLASS INC $205.00 84497 10/05/2023 Open Accounts Payable Mt Shasta Spring Water Co., Inc $137.48 84498 10/05/2023 Open Accounts Payable MTECH Inc. $4,906.19 84499 10/05/2023 Open Accounts Payable NETMOTION WIRELESS, INC. $4,850.00 84500 10/05/2023 Open Accounts Payable North State Tire Co. Inc. $789.92 84501 10/05/2023 Open Accounts Payable Nutrien $5,522.84 84502 10/05/2023 Open Accounts Payable O'REILLY AUTO PARTS $359.41 84503 10/05/2023 Open Accounts Payable OFFICE DEPOT ACCT#36233169 $485.53 84504 10/05/2023 Open Accounts Payable PACIFIC GAS & ELECTRIC $1,132.71 84505 10/05/2023 Open Accounts Payable PARADISE IRRIGATION DIST $3,199.51 84506 10/05/2023 Open Accounts Payable PARADISE POST $95.89 84507 10/05/2023 Open Accounts Payable Peters, Habib, McKenna, JuhlRhodes & Cardoza, LLP$1,504.50 84508 10/05/2023 Open Accounts Payable PETTY CASH, CHRISTINA
SHOEMAKER
$125.00
84509 10/05/2023 Open Accounts Payable Powell Roofing Co $165.00 84510 10/05/2023 Open Accounts Payable Proframe Construction, Inc. $35,991.59 84511 10/05/2023 Open Accounts Payable RENTAL GUYS - CHICO $108.25 84512 10/05/2023 Open Accounts Payable Riebes Auto Parts- Motorpool $114.19 84513 10/05/2023 Open Accounts Payable SBA Monarch Towers III LLC $173.16 84514 10/05/2023 Open Accounts Payable Sierra Safety Associates $1,454.31 84515 10/05/2023 Open Accounts Payable SKYWAY TOWING & SERVICE $171.00 84516 10/05/2023 Open Accounts Payable Spherion Staffing $7,107.75 84517 10/05/2023 Open Accounts Payable SUTTER BUTTES
COMMUNICATIONS, INC.
$641.45
84518 10/05/2023 Open Accounts Payable T MOBILE USA, INC. $1,671.27 84519 10/05/2023 Open Accounts Payable Tahoe Pure Water Co. $47.73 84520 10/05/2023 Open Accounts Payable THOMAS ACE HARDWARE - ENG.
DEPT.
$541.22
84521 10/05/2023 Open Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
$138.14
84522 10/05/2023 Open Accounts Payable Thomas Welding and Machine Inc. $105.00 84523 10/05/2023 Open Accounts Payable Tri Flame Propane $58.96 84524 10/05/2023 Open Accounts Payable Urban Planning Partners Inc $315.00 84525 10/05/2023 Open Accounts Payable Visinoni Brothers Construction $37,535.00 84526 10/05/2023 Open Accounts Payable Wayne A. Murphy General Contractor $13,834.60 84527 10/05/2023 Open Accounts Payable Western State Design $593.50 84528 10/05/2023 Open Accounts Payable Williams Scotsman, Inc. (Mobile Mini) $475.93 84529 10/05/2023 Open Accounts Payable WILSON PRINTING $124.49 84530 10/05/2023 Open Accounts Payable WITTMEIER AUTO CENTER $59.95 84531 10/05/2023 Open Accounts Payable YOWZERS.COM $135.77 user: Aimee Beleu Pages: 2 of 6 Thursday, November 2, 2023 Payment Register
TOWN OF PARADISE
From Payment Date: 10/1/2023 - To Payment Date: 10/31/2023 26 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
84532 10/10/2023 Open Accounts Payable Aflac $57.98
84533 10/10/2023 Open Accounts Payable Met Life $11,560.48 84534 10/10/2023 Open Accounts Payable OPERATING ENGINEERS $1,071.00 84535 10/10/2023 Open Accounts Payable PARADISE POLICE OFFICERS
ASSOCIATION
$2,062.46
84536 10/10/2023 Open Accounts Payable SUN LIFE INSURANCE $7,384.40 84537 10/10/2023 Open Accounts Payable SUPERIOR VISION SVC INC $870.38 84538 10/10/2023 Open Accounts Payable TOP CONFIDENTIAL MID MGMT
ASSOCIATION
$105.00
84539 10/13/2023 Open Accounts Payable ICMA 457 - MissionSquare $1,310.28 84540 10/13/2023 Open Accounts Payable STATE DISBURSEMENT UNIT $634.26 84541 10/19/2023 Open Accounts Payable 4LEAF, Inc $8,217.00 84542 10/19/2023 Open Accounts Payable ACCESS INFORMATION
PROTECTED
$417.21
84543 10/19/2023 Open Accounts Payable ADVANCED DOCUMENT
CONCEPTS
$51.82
84544 10/19/2023 Open Accounts Payable Akin, David $506.25 84545 10/19/2023 Open Accounts Payable Alekseev, Nadia $39.89 84546 10/19/2023 Open Accounts Payable American Dream Construction, Inc $25,590.00 84547 10/19/2023 Open Accounts Payable Anaya, Andrew $15.00 84548 10/19/2023 Open Accounts Payable AT&T & CALNET3 - CIRCUIT LINES $760.72 84549 10/19/2023 Open Accounts Payable AT&T MOBILITY $85.60 84550 10/19/2023 Open Accounts Payable AT&T MOBILITY $212.58 84551 10/19/2023 Open Accounts Payable AWARDS COMPANY $40.00 84552 10/19/2023 Open Accounts Payable Axon Enterprise Inc $10,861.20 84553 10/19/2023 Open Accounts Payable BATTERIES PLUS $74.81 84554 10/19/2023 Open Accounts Payable Bear Electrical Systems, Inc $3,040.00 84555 10/19/2023 Open Accounts Payable BIDWELL TITLE & ESCROW $175.00 84556 10/19/2023 Open Accounts Payable BIDWELL TITLE & ESCROW $175.00 84557 10/19/2023 Open Accounts Payable Big O Tires $205.00 84558 10/19/2023 Open Accounts Payable Biometrics4ALL, Inc $22.50 84559 10/19/2023 Open Accounts Payable Blue Flamingo Marketing Advocates $7,736.10 84560 10/19/2023 Open Accounts Payable Bug Smart $83.00 84561 10/19/2023 Open Accounts Payable CALIFORNIA STATE DEPARTMENT
OF JUSTICE
$1,402.00
84562 10/19/2023 Open Accounts Payable COMCAST CABLE $406.40 84563 10/19/2023 Open Accounts Payable COMCAST CABLE $148.40 84564 10/19/2023 Open Accounts Payable COMCAST CABLE $401.40 84565 10/19/2023 Open Accounts Payable Conflux Construction Inc $12,008.54 84566 10/19/2023 Open Accounts Payable Cooper, Andrew $15.00 84567 10/19/2023 Open Accounts Payable Cordico Psychological Corporation $500.00 84568 10/19/2023 Open Accounts Payable Creative Composition Inc $172.40 84569 10/19/2023 Open Accounts Payable DATCO SERVICES CORPORATION $315.00 84570 10/19/2023 Open Accounts Payable De Lage Landen Public Finance LLC $781.25 84571 10/19/2023 Open Accounts Payable DURHAM PENTZ TRUCK CENTER $1,325.72 84572 10/19/2023 Open Accounts Payable Dutter's Automotive $5,000.00 84573 10/19/2023 Open Accounts Payable ENLOE MEDICAL CENTER, INC. $696.00 84574 10/19/2023 Open Accounts Payable Entersect $109.95 84575 10/19/2023 Open Accounts Payable Ernie's Towing and Automotive $687.50 84576 10/19/2023 Open Accounts Payable FEATHER RIVER CONSTRUCTION $19,200.00 user: Aimee Beleu Pages: 3 of 6 Thursday, November 2, 2023 Payment Register
TOWN OF PARADISE
From Payment Date: 10/1/2023 - To Payment Date: 10/31/2023 27 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
84577 10/19/2023 Open Accounts Payable Fraternal Order of Eagles Aerie 2968 $400.00 84578 10/19/2023 Open Accounts Payable Gentile, Caitlyn $15.00 84579 10/19/2023 Open Accounts Payable Golden State Emergency Vehicle Service, Inc.
$15,442.29
84580 10/19/2023 Open Accounts Payable HDR Engineering, Inc $185,627.45 84581 10/19/2023 Open Accounts Payable Hope Crisis Response Network, Inc $6,948.00 84582 10/19/2023 Open Accounts Payable Hope Crisis Response Network, Inc $4,500.00 84583 10/19/2023 Open Accounts Payable Hope Crisis Response Network, Inc $31,176.00 84584 10/19/2023 Open Accounts Payable Hope Crisis Response Network, Inc $22,500.00 84585 10/19/2023 Open Accounts Payable Hope Crisis Response Network, Inc $20,052.00 84586 10/19/2023 Open Accounts Payable Hope Crisis Response Network, Inc $15,000.00 84587 10/19/2023 Open Accounts Payable Hope Crisis Response Network, Inc $35,000.00 84588 10/19/2023 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV
SVCS/US BANCORP
$9,068.57
84589 10/19/2023 Open Accounts Payable INTERSTATE OIL COMPANY $219.71 84590 10/19/2023 Open Accounts Payable J.J.R. Enterprises Inc $1,395.28 84591 10/19/2023 Open Accounts Payable Jennifer Arbuckle $4,062.50 84592 10/19/2023 Open Accounts Payable JOHNNY ON THE SPOT
PORTABLES
$566.60
84593 10/19/2023 Open Accounts Payable Kevin Sharrah Designs $960.68 84594 10/19/2023 Open Accounts Payable KNIFE RIVER CONSTRUCTION $377,358.39 84595 10/19/2023 Open Accounts Payable Kovacs, Cameron $15.00 84596 10/19/2023 Open Accounts Payable Kruger, Christopher $246.00 84597 10/19/2023 Open Accounts Payable L.N. CURTIS & SONS $41.97 84598 10/19/2023 Open Accounts Payable Law Office of Gregory P. Einhorn $1,040.00 84599 10/19/2023 Open Accounts Payable LeonJimenez, Jose $3,606.00 84600 10/19/2023 Open Accounts Payable LES SCHWAB TIRE CENTER -
MOTORPOOL
$92.56
84601 10/19/2023 Open Accounts Payable LIFE ASSIST INC $13.60 84602 10/19/2023 Open Accounts Payable LOCATE PLUS CORPORATION $84.95 84603 10/19/2023 Open Accounts Payable Lofi Cafe $392.50 84604 10/19/2023 Open Accounts Payable Morgan Ridge Construction, Inc. $14,438.80 84605 10/19/2023 Open Accounts Payable MORGAN TREE SERVICE $3,500.00 84606 10/19/2023 Open Accounts Payable MUNIMETRIX SYSTEMS CORP $39.99 84607 10/19/2023 Open Accounts Payable NCCSIF TREASURER $54,584.75 84608 10/19/2023 Open Accounts Payable Northern California Glove & Safety $185.73 84609 10/19/2023 Open Accounts Payable NORTHERN RECYCLING & WASTE SERVICES, INC.
$4,863.46
84610 10/19/2023 Open Accounts Payable NORTHGATE PETROLEUM CO $11,481.95 84611 10/19/2023 Open Accounts Payable NORTHSTAR $392.00 84612 10/19/2023 Open Accounts Payable NORTHSTAR $588.00 84613 10/19/2023 Open Accounts Payable NORTHSTAR $98.00 84614 10/19/2023 Open Accounts Payable Nutrien $3,937.95 84615 10/19/2023 Open Accounts Payable O'REILLY AUTO PARTS $139.99 84616 10/19/2023 Open Accounts Payable OFFICE DEPOT ACCT#36233169 $58.19 84617 10/19/2023 Open Accounts Payable Oroville Tow & Salvage $720.00 84618 10/19/2023 Open Accounts Payable Pace Analytical Services, LLC $1,677.54 84619 10/19/2023 Open Accounts Payable PACIFIC GAS & ELECTRIC $1,823.24 84620 10/19/2023 Open Accounts Payable PARADISE POST $219.32 user: Aimee Beleu Pages: 4 of 6 Thursday, November 2, 2023 Payment Register
TOWN OF PARADISE
From Payment Date: 10/1/2023 - To Payment Date: 10/31/2023 28 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
84621 10/19/2023 Open Accounts Payable Peters, Habib, McKenna, JuhlRhodes & Cardoza, LLP$2,743.50 84622 10/19/2023 Open Accounts Payable Psomas $24,241.44 84623 10/19/2023 Open Accounts Payable Psomas $4,981.59 84624 10/19/2023 Open Accounts Payable Psomas $80,798.66 84625 10/19/2023 Open Accounts Payable Richard S. Petkus & Catherine Blazy $1,762.30 84626 10/19/2023 Open Accounts Payable Riebes Auto Parts- Motorpool $370.33 84627 10/19/2023 Open Accounts Payable Shelby's Pest Control, Inc. $180.00 84628 10/19/2023 Open Accounts Payable Spherion Staffing $5,319.00 84629 10/19/2023 Open Accounts Payable Stalker Radar Applied Concepts, Inc. $2,368.99 84630 10/19/2023 Open Accounts Payable Stratti $10,220.60 84631 10/19/2023 Open Accounts Payable T and S DVBE Inc. $616.34 84632 10/19/2023 Open Accounts Payable Tahoe Pure Water Co. $67.50 84633 10/19/2023 Open Accounts Payable The Ferguson Group $5,000.00 84634 10/19/2023 Open Accounts Payable THOMAS ACE HARDWARE $171.21 84635 10/19/2023 Open Accounts Payable THOMAS ACE HARDWARE - ENG.
DEPT.
$111.55
84636 10/19/2023 Open Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
$488.73
84637 10/19/2023 Open Accounts Payable THOMAS ACE HARDWARE -
MOTORPOOL
$69.10
84638 10/19/2023 Open Accounts Payable THRIFTY ROOTER $260.00 84639 10/19/2023 Open Accounts Payable Top Notch Commercial Cleaning Inc. $6,200.00 84640 10/19/2023 Open Accounts Payable Tuck, Kevin $129.50 84641 10/19/2023 Open Accounts Payable TUCKER PEST CONTROL INC $90.00 84642 10/19/2023 Open Accounts Payable VALLEY OAK VETERINARY CENTER
$364.05
84643 10/19/2023 Open Accounts Payable VERIZON WIRELESS $342.09 84644 10/19/2023 Open Accounts Payable VERIZON WIRELESS $1,236.28 84645 10/19/2023 Open Accounts Payable VERIZON WIRELESS $249.46 84646 10/19/2023 Open Accounts Payable Wallis, Roy $246.00 84647 10/19/2023 Open Accounts Payable Wayne A. Murphy General Contractor $23,940.00 84648 10/19/2023 Open Accounts Payable Westlake Ace Hardware $871.59 84649 10/19/2023 Open Accounts Payable WILSON PRINTING $82.49 84650 10/19/2023 Open Accounts Payable Wood, Montana, S $456.01 84651 10/30/2023 Open Accounts Payable ICMA 457 - MissionSquare $1,310.28 84652 10/30/2023 Open Accounts Payable STATE DISBURSEMENT UNIT $848.29 Type Check Totals: 205 Transactions $2,494,840.66
EFT
1482 10/02/2023 Open Accounts Payable CALPERS - RETIREMENT $56,921.36 1486 10/10/2023 Open Accounts Payable CALPERS $147,622.62 1487 10/13/2023 Open Accounts Payable CALPERS - RETIREMENT $57,560.96 1488 10/13/2023 Open Accounts Payable EMPLOYMENT DEVELOPMENT
DEPARTMENT
$10,133.85
1489 10/13/2023 Open Accounts Payable ING LIFE INS & ANNUITY COMPANY $9,950.76 1490 10/13/2023 Open Accounts Payable INTERNAL REVENUE SERVICE $36,177.73 1491 10/26/2023 Open Accounts Payable EMPLOYMENT DEVELOPMENT
DEPARTMENT
$12,277.59
1492 10/26/2023 Open Accounts Payable INTERNAL REVENUE SERVICE $42,719.14 1493 10/30/2023 Open Accounts Payable CALPERS - RETIREMENT $58,567.42 user: Aimee Beleu Pages: 5 of 6 Thursday, November 2, 2023 Payment Register
TOWN OF PARADISE
From Payment Date: 10/1/2023 - To Payment Date: 10/31/2023 29 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
1494 10/30/2023 Open Accounts Payable ING LIFE INS & ANNUITY COMPANY $9,950.76 Type EFT Totals: 10 Transactions $441,882.19
AP - US Bank TOP AP Checking Totals
Checks Status Count Transaction Amount Reconciled Amount Open 205 $2,494,840.66 $0.00
Reconciled 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 205 $2,494,840.66 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 10 $441,882.19 $0.00
Reconciled 0 $0.00 $0.00
Total 10 $441,882.19 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 215 $2,936,722.85 $0.00
Reconciled 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 215 $2,936,722.85 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount Open 205 $2,494,840.66 $0.00
Reconciled 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 205 $2,494,840.66 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 10 $441,882.19 $0.00
Reconciled 0 $0.00 $0.00
Total 10 $441,882.19 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 215 $2,936,722.85 $0.00
Reconciled 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 215 $2,936,722.85 $0.00
user: Aimee Beleu Pages: 6 of 6 Thursday, November 2, 2023 Payment Register
TOWN OF PARADISE
From Payment Date: 10/1/2023 - To Payment Date: 10/31/2023 30 Town of Paradise
Council Agenda Summary
Date: November 14, 2023
Agenda Item: 2(c)
ORIGINATED BY: Aimee Beleu, Finance Director/Town Treasurer REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Quarterly Investment Report
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
Review and file the 1st Quarter Investment Report for the Fiscal Year Ending June 30, 2024.
Background:
Attached is the report on the Town’s cash and investments for the quarter ending September 30, 2023.
A US Bank checking account is currently being used for payroll, accounts payable and other operating purposes. Most accounts payable disbursements are drawn through checks, and most payroll disbursements are processed through direct deposit.
The Town has historically utilized the State of California managed Local Agency Investment Fund (LAIF) for investment of General Fund cash in excess of immediately needed operating capital.
LAIF provides for same day liquidity as funds can be transferred electronically through computer authorization between LAIF and the Town checking account. LAIF has also provided historically competitive yields, with a return of 3.61% for the period ending September 30, 2023.
To provide additional opportunity for asset diversification, during the quarter ending September 30, 2022, the Town began utilizing the California Cooperative Liquid Assets Securities System (California CLASS) in conjunction with the aforementioned investment accounts to hold shortterm reserves. California CLASS is a joint exercise of powers entity authorized under Section 6509.7, California Government Code. California CLASS is a pooled investment option that was created via a joint exercise of powers agreement (JPA Agreement) by and among California public agencies. California CLASS provides the Town with a convenient method for investing in highquality, short- to medium-term securities carefully selected to optimize interest earnings while maximizing safety and liquidity. The California CLASS Prime fund has provided the Town with an opportunity to strengthen and diversify its cash management programs in accordance with the safety, liquidity, and yield hierarchy that governs the investment of public funds. During the third quarter of the fiscal year, CLASS has provided a very competitive yield, with a return of 5.52% for the quarter ending September 30, 2023.
31 In July 2020, the Town received a net settlement from PG&E related to the 2018 Camp Fire in the amount of $219,187,262. Since that time, the Town continues to utilize three investment vehicles to manage these funds. Securities purchases are held in a custodial account with US Bank. The Town has contracted with Meeder Investments to assist with management of these funds. Excess funds that are not invested in specific securities are held in the State of California managed Local Agency Investment Fund (LAIF) and California CLASS. Future use of these funds continues to be evaluated through a long-term fiscal sustainability model. Based on current rebuild rates and revenue growth trends, at this time it is expected that at least 80% of the total fund balance will be required to be utilized for long-term revenue backfill to ensure continued fiscal sustainability. US Bank Custodial has provided yields of 1.64% for the quarter ending September 30, 2023.
In June of 2011, the Town established an irrevocable trust to begin funding the future obligations associated with retiree health as required by GASB 45. The funds are being managed by SelfInsured Schools of California (SISC) and can only be used for the payment of retiree health benefits. The statement from September 2023 is not available yet. Entries are rolled from June 30, 2023.
Financial Impact:
Total investment earnings for the quarter ending September 30, 2023 are estimated at $673,966, as the investment revenue from SISC are not yet available. 32 TOWN OF PARADISE
QUARTERLY SUMMARY OF INVESTMENTS
QUARTER ENDING
September 30, 2023
Current Quarter Prior Quarter Current Quarter Prior Quarter Investments Accounts September June September June
Book Value Book Value Net Change Market Value Market Value Net Change LAIF (General) Savings 1,041,194 1,330,757 (289,563) 1,041,194 1,330,757 (289,563)LAIF (PG&E) Savings 47,804 47,431 372 47,804 47,431 372CALIFORNIA CLASS Savings 20,002,252 1,695,854 18,306,398 20,002,252 1,695,854 18,306,398US BANK INVESTMENT Various 194,239,778 195,611,333 (1,371,555) 181,853,441 182,410,999 (557,558)SISC GASB 45 TRUST B Various 281,643 281,643 - 281,643 281,643 - 198,967,017 215,612,670 16,645,653 203,226,333 185,766,684 17,459,649 Current Quarter Prior Quarter
September September June
Investments Accounts Yield Interest Earnings Interest Earnings LAIF (General) 3.61% 10,181 10,437LAIF (PG&E) 3.61% 431 372CALIFORNIA CLASS 5.52% 106,397 34,337US BANK INVESTMENT 1.64% 549,518 588,821SISC GASB 45 TRUST B - Delayed 0.00% 7,439 7,439 641,407 673,966
US BANK CHECKING ACCOUNTS 879,086FISCAL AGENT & PETTY CASH 1,350LAIF (General) 1,041,194LAIF (PG&E) 47,804CALIFORNIA CLASS 20,002,252US BANK INVESTMENT 194,239,778SISC GASB 45 TRUST B 281,643 216,493,106
*Book Value: holding investments until sale date**Market Value: if all investments were sold today /s/
INVESTMENT BALANCES AT A GLANCE
For Quarter Ended September 30, 2023
Total Cash & Investments
In compliance with the California Code Section 53646; the Treasurer of the Town of Paradise herby certifies that sufficient investment liquidity and anticipated revenues are available to meet the Town's budgeted expenditure requirements for the next six months. Investments in the report meet the requirements of the Town of Paradise's adopted investment policy.
Aimee BeleuFinance Director/Town Treasurer
Total Cash & Investments
US BANK CHECKING ACCOUNTS FISCAL AGENT & PETTY CASHLAIF (General) LAIF (PG&E)CALIFORNIA CLASS US BANK INVESTMENTSISC GASB 45 TRUST B 33 $-
$50
$100 $150 $200 $250
Sep-18
Dec-18
Mar-19
Jun-19
Sep-19
Dec-19
Mar-20
Jun-20
Sep-20
Dec-20
Mar-21
Jun-21
Sep-21
Dec-21
Mar-22
Jun-22
Sep-22
Dec-22
Mar-23
Jun-23
Sep-23
Sep-18 Dec-18 Mar-19 Jun-19 Sep-19 Dec-19 Mar-20 Jun-20 Jun-21 Sep-21 Dec-21 Mar-22 Jun-22 Sep-22 Dec-22 Mar-23 Jun-23 Sep-23 Series1 1.91 8.42 12.89 22.67 20.13 20.67 22.86 22.64 231.93 227.87 223.35 213.75 211.30 204.58 197.46 194.96 188.96 204.11
TOWN OF PARADISE
Timeline of Investment Market Value Balances (in millions) From Fiscal Year 2017/18 to Fiscal Year 2023/24
34 Town of Paradise Operating
Account
Quarterly Investment Report
September 30, 2023
Your Investment Representative:
Jim McCourt
(614) 923-1151
[email protected]
For questions about your account please contact your investment representative or contact [email protected] Dublin, Ohio | Lansing, Michigan | Long Beach, California | Austin, Texas | 866-633-3371 | www.meederpublicfunds.com 35 QUARTERLY RECONCILIATION
Beginning Book Value 195,611,332.71
Contributions 2,477,943.35
Withdrawals (4,377,943.35)
Prior Month Management Fees (16,500.00)
Prior Month Custodian Fees (4,572.12)
Realized Gains/Losses (39,288.74)
Purchased Interest (68,215.96)
Gross Interest Earnings 657,022.27
Ending Book Value 194,239,778.16
PORTFOLIO CHARACTERISTICS
Portfolio Yield to Maturity 1.64%
Portfolio Effective Duration 1.96 yrs
Weighted Average Maturity 2.09 yrs
Weighted Average Life 2.08 yrs
PROJECTED MONTHLY INCOME SCHEDULE
SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY
6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 2 of 25 Town of Paradise Operating Account
PORTFOLIO SUMMARY
As of September 30, 2023
36 CUSIP SECURITY DESCRIPTION Oct 2023 Nov 2023 Dec 2023 Jan 2024 Feb 2024 Mar 2024 Apr 2024 May 2024 Jun 2024 Jul 2024 Aug 2024 Sep 2024 023135BW5 Amazon.com, Inc. 0.450%
05/12/2024
4,500 5,280
023135CF1 Amazon.com, Inc. 3.300%
04/13/2027
33,000 33,000
03667PHD7 Antelope Valley
Community College District
0.545% 08/01/2024
613 613
03667PHE5 Antelope Valley
Community College District
0.866% 08/01/2025
736 736
037833DB3 Apple Inc. 2.900%
09/12/2027
14,500 14,500
037833EB2 Apple Inc. 0.700%
02/08/2026
17,500 17,500
05580AE67 BMW Bank of North
America 0.650%
10/08/2024
811 811
119174AC4 Buena Park, City of
0.595% 07/01/2024
2,975 2,975
13034AL65 California Infrastructure
and Economic
Development Bank 0.765%
10/01/2025
3,825 3,825
13063DC48 California, State of 1.700%
02/01/2028
7,650 7,650
13063DGB8 California, State of 3.375%
04/01/2025
8,016 8,016
13607EC15 Canadian Imperial
Holdings Inc. 03/01/2024
79,025
14913R2P1 Caterpillar Financial
Services Corporation
0.600% 09/13/2024
2,700 2,309
14913R2Q9 Caterpillar Financial
Services Corporation
1.150% 09/14/2026
14,375 14,375
155105NM7 Central School District
School Facilities
Corporation 1.022%
08/01/2024
715 715
17330Y4T4 Citigroup Global Markets
Holdings Inc. 5.500%
10/31/2023
37,125
6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 3 of 25 Town of Paradise Operating Account
PROJECTED INCOME SCHEDULE
As of September 30, 2023
37 CUSIP SECURITY DESCRIPTION Oct 2023 Nov 2023 Dec 2023 Jan 2024 Feb 2024 Mar 2024 Apr 2024 May 2024 Jun 2024 Jul 2024 Aug 2024 Sep 2024 20056XAA6 Commerce, City of 0.667%
08/01/2024
1,751 1,751
20056XAC2 Commerce, City of 1.212%
08/01/2026
3,182 3,182
206849GM7 Conejo Valley Unified
School District 0.702%
08/01/2024
702 702
206849GN5 Conejo Valley Unified
School District 0.974%
08/01/2025
998 998
20772KNX3 Connecticut, State of
1.123% 06/01/2026
12,353 12,353
21969AAE2 Corona, City of 1.361%
05/01/2026
13,100 13,100
21976THG0 Corona-Norco Unified
School District 0.667%
09/01/2024
8,271 8,271
223047AC5 Covina, City of 0.738%
08/01/2024
3,690 4,200
24422EWD7 John Deere Capital
Corporation 2.350%
03/08/2027
17,625 17,625
3130AKQF6 FHLB 0.400% 01/27/2025 5,000 5,000
3130ATUS4 FHLB 4.250% 12/10/2027 14,875 14,875
3133EMDZ2 FFCB 0.520% 10/21/2025 13,000 13,000
3133EMMR0 FFCB 0.470% 01/12/2026 5,499 5,499
3133EPNH4 FFCB 3.875 06/21/2028 21,313 21,313
3134GXCV4 FMCC 0.500% 05/30/2025 12,500 12,500
3134GXDZ4 FMCC 0.450% 11/25/2024 6,750 6,750
3134GXFA7 FMCC 0.650% 11/26/2025 9,750 9,750
3134GXFV1 FMCC 0.625% 12/17/2025 7,813 7,813
3134GXJQ8 FMCC 0.320% 01/06/2025 2,800 2,800
3134GXKU7 FMCC 0.375% 01/29/2025 6,563 6,563
3135G06E8 FNMA 0.420% 11/18/2024 10,500 10,500
6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 4 of 25 Town of Paradise Operating Account
PROJECTED INCOME SCHEDULE
As of September 30, 2023
38 CUSIP SECURITY DESCRIPTION Oct 2023 Nov 2023 Dec 2023 Jan 2024 Feb 2024 Mar 2024 Apr 2024 May 2024 Jun 2024 Jul 2024 Aug 2024 Sep 2024 3135G06Q1 FNMA 0.640% 12/30/2025 9,600 9,600
3135G06R9 FNMA 0.550% 01/28/2026 8,250 8,250
3135GA2A8 FNMA 0.580% 10/28/2025 14,500 14,500
3140LLEB3 Federal National Mortgage
Association, Inc. 4.390%
07/01/2028
4,505 4,437 4,369 4,300 4,231 4,162 4,092 4,023 3,952 3,882 3,811 3,740 31422B6K1 AGM 0.480% 01/15/2026 8,400 8,400
38149MZJ5 Goldman Sachs Bank USA
Holdings LLC 1.050%
09/08/2026
1,304 1,318
419792ZL3 Hawaii, State of 0.852%
10/01/2025
21,300 21,300
45818WDD5 IADB 0.39% 04/16/2024 5,850 5,580
459058JA2 IBRD 0.750% 03/11/2025 11,813 11,813
459058JL8 IBRD 0.500% 10/28/2025 12,500 12,500
459058JS3 IBRD 0.650% 02/10/2026 6,500 6,500
45950VPU4 IFC 0.75% 03/23/2026 7,500 7,500
478160CN2 Johnson & Johnson
0.550% 09/01/2025
8,250 8,250
48133PDZ3 JPMorgan Chase Financial
Company LLC 5.000%
02/29/2024
25,000 4,028
482124SN5 Jurupa Unified School
District 0.625% 08/01/2024
1,563 1,563
482124SP0 Jurupa Unified School
District 1.059% 08/01/2025
2,648 2,648
50420BDE9 La Quinta, City of 1.168%
09/01/2025
11,680 11,680
546417DQ6 State of Louisiana 0.840%
06/01/2025
1,680 1,680
56781RJJ7 Marin Community College
District 5.000% 08/01/2025
57,000 57,000
574193TR9 Maryland, State of 0.660%
08/01/2025
9,900 9,900
62479LD51 MUFG Bank, Ltd.
04/05/2024
184,371
6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 5 of 25 Town of Paradise Operating Account
PROJECTED INCOME SCHEDULE
As of September 30, 2023
39 CUSIP SECURITY DESCRIPTION Oct 2023 Nov 2023 Dec 2023 Jan 2024 Feb 2024 Mar 2024 Apr 2024 May 2024 Jun 2024 Jul 2024 Aug 2024 Sep 2024 62479MYQ0 MUFG Bank, Ltd.
11/24/2023
78,161
62479MZ63 MUFG Bank, Ltd.
12/06/2023
34,426
626905PP2 Murrieta Valley Unified
School District 0.698%
09/01/2024
1,745 1,745
649447VM8 Flagstar Bank, National
Association. 0.650%
09/10/2024
807 1,252
649791RA0 New York, State of 0.910%
03/15/2025
4,550 4,550
68609TWD6 Oregon, State of 0.895%
05/01/2025
7,831 7,831
69371RR99 PACCAR Financial Corp.
3.550% 08/11/2025
35,500 35,500
696735QQ5 Palmdale School District
1.071% 08/01/2026
1,339 1,339
742651DY5 PEFCO 1.400%
07/15/2028
20,475 20,475
742651DZ2 PEFCO 3.900%
10/15/2027
29,835 33,150
757696AQ2 Redondo Beach -
Community Financing
Authority, City of 0.741%
05/01/2024
5,317 5,317
7954507A7 Sallie Mae Bank 1.000%
07/14/2026
1,250 1,237
797299MM3 San Diego, City of 1.450%
10/15/2024
6,525 6,525
797412DM2 San Diego County Water
Authority 0.743%
05/01/2025
3,994 3,994
797412EK5 San Diego County Water
Authority 0.593%
05/01/2024
1,987 (352)
797412EL3 San Diego County Water
Authority 0.593%
05/01/2024
978 (173)
797686EL2 San Francisco Municipal
Transportation Agency
0.389% 03/01/2024
2,322
6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 6 of 25 Town of Paradise Operating Account
PROJECTED INCOME SCHEDULE
As of September 30, 2023
40 CUSIP SECURITY DESCRIPTION Oct 2023 Nov 2023 Dec 2023 Jan 2024 Feb 2024 Mar 2024 Apr 2024 May 2024 Jun 2024 Jul 2024 Aug 2024 Sep 2024 79771FFM4 San Francisco, City &
County of 0.723%
11/01/2024
542 542
79771FFP7 San Francisco, City &
County of 0.723%
11/01/2024
4,718 4,718
79773KBF0 San Francisco, City &
County of 0.616%
06/15/2024
770 770
79773KBG8 San Francisco, City &
County of 0.766%
06/15/2025
766 766
798153ND0 San Jose, City of 0.844%
06/01/2024
2,975 (2,757)
798186N73 San Jose Unified School
District 0.383% 08/01/2024
1,025 1,025
798186N81 San Jose Unified School
District 0.558% 08/01/2025
2,790 2,790
80182AAE9 Santa Cruz, County of
1.024% 06/01/2026
10,931 10,931
802649TH6 Santa Rosa, City of
0.827% 09/01/2024
4,135 (6,275)
802649TJ2 Santa Rosa, City of
0.977% 09/01/2025
7,474 7,474
87165HC32 Synchrony Bank 0.550%
09/03/2024
683 1,437
880591EZ1 TVA 3.875% 03/15/2028 40,688 40,688
89235MLN9 Toyota Financial Savings
Bank 0.650% 09/09/2024
807 1,438
89236THU2 Toyota Motor Credit
Corporation 0.450%
01/11/2024
4,840
89236TJG1 Toyota Motor Credit
Corporation 0.500%
06/14/2024
3,750 3,750
89236TJZ9 Toyota Motor Credit
Corporation 3.050%
03/22/2027
26,688 26,688
9128284N7 UST 2.875% 05/15/2028 31,625 31,625
91282CCP4 UST 0.625% 07/31/2026 7,813 7,813
6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 7 of 25 Town of Paradise Operating Account
PROJECTED INCOME SCHEDULE
As of September 30, 2023
41 CUSIP SECURITY DESCRIPTION Oct 2023 Nov 2023 Dec 2023 Jan 2024 Feb 2024 Mar 2024 Apr 2024 May 2024 Jun 2024 Jul 2024 Aug 2024 Sep 2024 91282CCW9 UST 0.750% 08/31/2026 9,375 9,375
91282CCZ2 UST 0.875% 09/30/2026 12,906 12,906
91282CEW7 UST 3.250% 06/30/2027 40,625 40,625
91282CFM8 UST 4.125% 09/30/2027 19,594 19,594
91282CGH8 UST 3.500% 01/31/2028 35,000 35,000
91282CGP0 UST 4.000% 02/29/2028 44,500 44,500
91282CHK0 UST 4.000% 06/30/2028 50,000 50,000
91282CHQ7 UST 4.125% 07/31/2028 51,563 51,563
91282CHX2 UST 4.375% 08/31/2028 44,844 44,844
91412HGE7 The Regents of the
University of California
0.883% 05/15/2025
25,519 25,519
91412HJL8 The Regents of the
University of California
0.670% 05/15/2025
5,025 5,025
969268DF5 William S. Hart Union High
School District 0.607%
08/01/2024
6,829 6,829
969268DG3 William S. Hart Union High
School District 0.757%
08/01/2025
3,785 3,785
TOTAL 190,792 227,233 216,245 189,727 273,392 303,602 340,670 145,947 175,671 159,455 269,454 212,876 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 8 of 25 Town of Paradise Operating Account
PROJECTED INCOME SCHEDULE
As of September 30, 2023
42 CUSIP Security
Description
Trade Date/
Settlement
Date
Par Value
Principal Cost/
Purchased
Interest
Total Cost Yield at
Cost
Maturity/
Duration
Market Price/
Market Value
Unrealized Gain/
(Loss)
% of
Assets
Moody's/
S&P
Rating
Cash and Cash Equivalents
00266CASH LAIF-PG&E 9/29/2023
9/29/2023
$47,803.58 $47,803.58 $47,803.58 3.61% 0.003
0.003
$1.00
$47,803.58
$0.00 0.02% NR
31846V567 First American
Funds, Inc.
9/29/2023
9/29/2023
$26,367.94 $26,367.94 $26,367.94 5.22% 0.003
0.003
$1.00
$26,367.94
$0.00 0.01%
AAAm
00343CASH California CLASS
Prime Fund
9/29/2023
9/29/2023
$20,002,251.61 $20,002,251.61 $20,002,251.61 5.52% 0.003
0.003
$1.00
$20,002,251.61
$0.00 9.91%
SubTotal $20,076,423.13 $20,076,423.13 $20,076,423.13 5.51% $20,076,423.13 $0.00 9.94% Agency Bond
3135G06E8 FNMA 0.420%
11/18/2024
11/23/2020
11/24/2020
$5,000,000.00 $4,996,250.00 $4,996,250.00 0.44% 1.140
1.106
$94.30
$4,714,750.00
($281,500.00) 2.34% Aaa
AA+
3134GXDZ4 FMCC 0.450%
11/25/2024
11/25/2020
11/30/2020
$3,000,000.00 $2,999,550.00 $2,999,550.00 0.45% 1.159
1.125
$94.25
$2,827,410.00
($172,140.00) 1.40% Aaa
AA+
3134GXJQ8 FMCC 0.320%
01/06/2025
1/27/2021
1/28/2021
$1,750,000.00 $1,749,125.00 $1,749,125.00 0.33% 1.274
1.238
$93.49
$1,636,075.00
($113,050.00) 0.81% Aaa
AA+
3130AKQF6 FHLB 0.400%
01/27/2025
1/19/2021
1/27/2021
$2,500,000.00 $2,499,250.00 $2,499,250.00 0.41% 1.332
1.293
$93.34
$2,333,550.00
($165,700.00) 1.16% Aaa
AA+
3134GXKU7 FMCC 0.375%
01/29/2025
1/11/2021
1/29/2021
$3,500,000.00 $3,495,450.00 $3,495,450.00 0.41% 1.337
1.298
$93.29
$3,265,045.00
($230,405.00) 1.62% Aaa
AA+
3134GXCV4 FMCC 0.500%
05/30/2025
11/19/2020
11/30/2020
$5,000,000.00 $5,000,000.00 $5,000,000.00 0.50% 1.668
1.618
$92.36
$4,618,150.00
($381,850.00) 2.29% Aaa
AA+
3133EMDZ2 FFCB 0.520%
10/21/2025
11/19/2020
11/20/2020
$5,000,000.00 $4,986,000.00 $4,986,000.00 0.58% 2.063
1.995
$90.72
$4,536,000.00
($450,000.00) 2.25% Aaa
AA+
3135GA2A8 FNMA 0.580%
10/28/2025
12/21/2020
12/22/2020
$5,000,000.00 $5,013,800.00 $5,013,800.00 0.43% 2.082
2.012
$90.76
$4,538,050.00
($475,750.00) 2.25% Aaa
AA+
3134GXFA7 FMCC 0.650%
11/26/2025
11/24/2020
11/30/2020
$3,000,000.00 $3,000,000.00 $3,000,000.00 0.65% 2.162
2.088
$90.70
$2,721,120.00
($278,880.00) 1.35% Aaa
AA+
3134GXFV1 FMCC 0.625%
12/17/2025
12/3/2020
12/17/2020
$2,500,000.00 $2,498,750.00 $2,498,750.00 0.64% 2.219
2.145
$90.27
$2,256,725.00
($242,025.00) 1.12% Aaa
AA+
3135G06Q1 FNMA 0.640%
12/30/2025
12/23/2020
12/30/2020
$3,000,000.00 $3,003,750.00 $3,003,750.00 0.61% 2.255
2.333
$90.18
$2,705,250.00
($298,500.00) 1.34% Aaa
AA+
3133EMMR0 FFCB 0.470%
01/12/2026
1/5/2021
1/12/2021
$2,340,000.00 $2,336,536.80 $2,336,536.80 0.50% 2.290
2.218
$89.71
$2,099,284.20
($237,252.60) 1.04% Aaa
AA+
6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 9 of 25 Town of Paradise Operating Account
POSITION STATEMENT
As of September 30, 2023
43 CUSIP Security
Description
Trade Date/
Settlement
Date
Par Value
Principal Cost/
Purchased
Interest
Total Cost Yield at
Cost
Maturity/
Duration
Market Price/
Market Value
Unrealized Gain/
(Loss)
% of
Assets
Moody's/
S&P
Rating
31422B6K1 AGM 0.480%
01/15/2026
1/7/2021
1/15/2021
$3,500,000.00 $3,496,500.00 $3,496,500.00 0.50% 2.299
2.231
$90.54
$3,169,005.00
($327,495.00) 1.57%
3135G06R9 FNMA 0.550%
01/28/2026
1/5/2021
1/28/2021
$3,000,000.00 $3,000,000.00 $3,000,000.00 0.55% 2.334
2.258
$89.72
$2,691,600.00
($308,400.00) 1.33% Aaa
AA+
742651DZ2 PEFCO 3.900%
10/15/2027
6/14/2023
6/16/2023
$1,700,000.00 $1,680,883.50
$7,919.17
$1,688,802.67 4.19% 4.047
3.623
$96.42
$1,639,106.00
($41,777.50) 0.81% Aaa
AA+
3130ATUS4 FHLB 4.250%
12/10/2027
12/20/2022
12/21/2022
$700,000.00 $710,829.00 $710,829.00 3.90% 4.200
3.746
$98.18
$687,232.00
($23,597.00) 0.34% Aaa
AA+
880591EZ1 TVA 3.875%
03/15/2028
3/28/2023
3/30/2023
$2,100,000.00 $2,088,678.90 $2,088,678.90 4.00% 4.463
4.027
$96.45
$2,025,387.00
($63,291.90) 1.00% Aaa
AA+
3133EPNH4 FFCB 3.875
06/21/2028
6/15/2023
6/21/2023
$1,100,000.00 $1,095,105.00 $1,095,105.00 3.97% 4.732
4.207
$96.06
$1,056,693.00
($38,412.00) 0.52% Aaa
AA+
742651DY5 PEFCO 1.400%
07/15/2028
9/8/2023
9/12/2023
$2,925,000.00 $2,532,336.30
$6,483.75
$2,538,820.05 4.52% 4.797
4.512
$85.74
$2,507,748.75
($24,587.55) 1.24% Aaa
AA+
SubTotal $56,615,000.00 $56,182,794.50
$14,402.92
$56,197,197.42 1.06% $52,028,180.95 ($4,154,613.55) 25.77% Commercial Paper
62479MYQ0 MUFG Bank, Ltd.
11/24/2023
2/27/2023
2/27/2023
$2,008,000.00 $1,929,838.60 $1,929,838.60 5.40% 0.153
0.152
$99.15
$1,990,952.08
$61,113.48 0.99% P-1
A-1
62479MZ63 MUFG Bank, Ltd.
12/06/2023
5/31/2023
6/2/2023
$1,205,000.00 $1,170,573.82 $1,170,573.82 5.66% 0.186
0.183
$98.95
$1,192,347.50
$21,773.68 0.59% P-1
A-1
13607EC15 Canadian Imperial
Holdings Inc.
03/01/2024
6/13/2023
6/14/2023
$2,000,000.00 $1,920,975.00 $1,920,975.00 5.67% 0.422
0.431
$97.66
$1,953,132.00
$32,157.00 0.97% P-1
A-1
62479LD51 MUFG Bank, Ltd.
04/05/2024
8/10/2023
8/11/2023
$4,980,000.00 $4,795,629.33 $4,795,629.33 5.82% 0.518
0.505
$96.96
$4,828,359.00
$32,729.67 2.39% P-1
A-1
SubTotal $10,193,000.00 $9,817,016.75 $9,817,016.75 5.69% $9,964,790.58 $147,773.83 4.94% Corporate Bond
17330Y4T4 Citigroup Global
Markets Holdings
Inc. 5.500%
10/31/2023
10/26/2022
10/31/2022
$2,700,000.00 $2,700,000.00 $2,700,000.00 5.50% 0.088
0.084
$99.26
$2,679,885.00
($20,115.00) 1.33% A2
A
89236THU2 Toyota Motor Credit
Corporation 0.450%
01/11/2024
1/7/2021
1/11/2021
$4,000,000.00 $4,004,160.00 $4,004,160.00 0.42% 0.285
0.279
$98.56
$3,942,240.00
($61,920.00) 1.95% A1
A+
6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 10 of 25 Town of Paradise Operating Account
POSITION STATEMENT
As of September 30, 2023
44 CUSIP Security
Description
Trade Date/
Settlement
Date
Par Value
Principal Cost/
Purchased
Interest
Total Cost Yield at
Cost
Maturity/
Duration
Market Price/
Market Value
Unrealized Gain/
(Loss)
% of
Assets
Moody's/
S&P
Rating
48133PDZ3 JPMorgan Chase
Financial Company
LLC 5.000%
02/29/2024
1/26/2023
1/31/2023
$1,000,000.00 $1,000,000.00 $1,000,000.00 4.99% 0.419
0.417
$100.00
$1,000,000.00
$0.00 0.50% A1
A023135BW5 Amazon.com, Inc.
0.450% 05/12/2024
5/11/2021
5/13/2021
$2,000,000.00 $1,999,220.00 $1,999,220.00 0.46% 0.619
0.603
$96.92
$1,938,360.00
($60,860.00) 0.96% A1
AA
89236TJG1 Toyota Motor Credit
Corporation 0.500%
06/14/2024
6/4/2021
6/14/2021
$1,500,000.00 $1,500,000.00 $1,500,000.00 0.50% 0.710
0.690
$96.38
$1,445,715.00
($54,285.00) 0.72% A1
A+
14913R2P1 Caterpillar Financial
Services
Corporation 0.600%
09/13/2024
9/9/2021
9/14/2021
$420,000.00 $420,151.20 $420,151.20 0.59% 0.959
0.933
$95.41
$400,722.00
($19,429.20) 0.20% A2
A
14913R2P1 Caterpillar Financial
Services
Corporation 0.600%
09/13/2024
9/8/2021
9/14/2021
$480,000.00 $480,240.00 $480,240.00 0.58% 0.959
0.933
$95.41
$457,968.00
($22,272.00) 0.23% A2
A
69371RR99 PACCAR Financial
Corp. 3.550%
08/11/2025
8/10/2022
8/12/2022
$2,000,000.00 $2,002,020.00 $2,002,020.00 3.51% 1.868
1.768
$96.71
$1,934,160.00
($67,860.00) 0.96% A1
A+
478160CN2 Johnson & Johnson
0.550% 09/01/2025
1/12/2021
1/14/2021
$3,000,000.00 $2,992,050.00 $2,992,050.00 0.61% 1.926
1.868
$91.44
$2,743,200.00
($248,850.00) 1.36% Aaa
AAA
037833EB2 Apple Inc. 0.700%
02/08/2026
2/2/2021
2/8/2021
$5,000,000.00 $4,988,750.00 $4,988,750.00 0.75% 2.364
2.285
$90.06
$4,503,100.00
($485,650.00) 2.23% Aaa
AA+
14913R2Q9 Caterpillar Financial
Services
Corporation 1.150%
09/14/2026
9/17/2021
9/21/2021
$2,500,000.00 $2,506,275.00 $2,506,275.00 1.10% 2.962
2.840
$88.99
$2,224,800.00
($281,475.00) 1.10% A2
A
24422EWD7 John Deere Capital
Corporation 2.350%
03/08/2027
3/8/2022
3/10/2022
$1,500,000.00 $1,497,345.00 $1,497,345.00 2.39% 3.441
3.224
$90.60
$1,358,985.00
($138,360.00) 0.67% A2
A
89236TJZ9 Toyota Motor Credit
Corporation 3.050%
03/22/2027
3/18/2022
3/22/2022
$1,750,000.00 $1,757,752.50 $1,757,752.50 2.95% 3.479
3.229
$92.68
$1,621,812.50
($135,940.00) 0.80% A1
A+
023135CF1 Amazon.com, Inc.
3.300% 04/13/2027
5/17/2022
5/19/2022
$2,000,000.00 $1,982,220.00 $1,982,220.00 3.50% 3.540
3.204
$94.05
$1,881,000.00
($101,220.00) 0.93% A1
AA
037833DB3 Apple Inc. 2.900%
09/12/2027
1/30/2023
2/1/2023
$1,000,000.00 $946,510.00 $946,510.00 4.19% 3.956
3.618
$92.27
$922,730.00
($23,780.00) 0.46% Aaa
AA+
SubTotal $30,850,000.00 $30,776,693.70 $30,776,693.70 1.94% $29,054,677.50 ($1,722,016.20) 14.39% 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 11 of 25 Town of Paradise Operating Account
POSITION STATEMENT
As of September 30, 2023
45 CUSIP Security
Description
Trade Date/
Settlement
Date
Par Value
Principal Cost/
Purchased
Interest
Total Cost Yield at
Cost
Maturity/
Duration
Market Price/
Market Value
Unrealized Gain/
(Loss)
% of
Assets
Moody's/
S&P
Rating
Mortgage-backed Security (Commercial)
3140LLEB3 Federal National
Mortgage
Association, Inc.
4.390% 07/01/2028
8/15/2023
8/18/2023
$1,250,000.00 $1,222,656.25 $1,222,656.25 4.94% 4.759
2.347
$96.46
$1,205,775.00
($16,881.25) 0.60% Aaa
AA+
SubTotal $1,250,000.00 $1,222,656.25 $1,222,656.25 4.94% $1,205,775.00 ($16,881.25) 0.60% Municipal Bond
797686EL2 San Francisco
Municipal
Transportation
Agency 0.389%
03/01/2024
9/16/2021
9/20/2021
$500,000.00 $498,650.00 $498,650.00 0.50% 0.422
0.412
$97.86
$489,280.00
($9,370.00) 0.24% Aa3
A+
757696AQ2 Redondo Beach -
Community
Financing Authority,
City of 0.741%
05/01/2024
7/2/2021
7/15/2021
$1,435,000.00 $1,435,000.00 $1,435,000.00 0.74% 0.589
0.572
$97.13
$1,393,829.85
($41,170.15) 0.69%
AA
797412EL3 San Diego County
Water Authority
0.593% 05/01/2024
8/18/2023
8/18/2023
$330,000.00 $331,151.70 $331,151.70 0.51% 0.589
0.573
$97.18
$320,707.20
($10,444.50) 0.16%
AAA
797412EK5 San Diego County
Water Authority
0.593% 05/01/2024
8/18/2023
8/18/2023
$670,000.00 $672,338.30 $672,338.30 0.51% 0.589
0.573
$97.16
$650,965.30
($21,373.00) 0.32%
NR
798153ND0 San Jose, City of
0.844% 06/01/2024
4/16/2021
4/20/2021
$705,000.00 $710,731.65 $710,731.65 0.58% 0.674
0.654
$96.76
$682,165.05
($28,566.60) 0.34% Aa2
AA
79773KBF0 San Francisco, City
& County of 0.616%
06/15/2024
11/20/2020
12/8/2020
$250,000.00 $250,000.00 $250,000.00 0.62% 0.712
0.693
$96.58
$241,452.50
($8,547.50) 0.12% Aaa
AAA
119174AC4 Buena Park, City of
0.595% 07/01/2024
8/18/2021
8/31/2021
$1,000,000.00 $1,000,000.00 $1,000,000.00 0.60% 0.756
0.736
$96.22
$962,190.00
($37,810.00) 0.48%
AA+
969268DF5 William S. Hart
Union High School
District 0.607%
08/01/2024
12/10/2020
12/23/2020
$2,250,000.00 $2,250,000.00 $2,250,000.00 0.61% 0.841
0.819
$96.07
$2,161,462.50
($88,537.50) 1.07% Aa2
798186N73 San Jose Unified
School District
0.383% 08/01/2024
1/8/2021
1/20/2021
$535,000.00 $535,000.00 $535,000.00 0.38% 0.841
0.819
$95.87
$512,904.50
($22,095.50) 0.25% Aaa
AA+
6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 12 of 25 Town of Paradise Operating Account
POSITION STATEMENT
As of September 30, 2023
46 CUSIP Security
Description
Trade Date/
Settlement
Date
Par Value
Principal Cost/
Purchased
Interest
Total Cost Yield at
Cost
Maturity/
Duration
Market Price/
Market Value
Unrealized Gain/
(Loss)
% of
Assets
Moody's/
S&P
Rating
482124SN5 Jurupa Unified
School District
0.625% 08/01/2024
4/13/2021
5/4/2021
$500,000.00 $500,000.00 $500,000.00 0.63% 0.841
0.818
$95.95
$479,735.00
($20,265.00) 0.24% Aa3
03667PHD7 Antelope Valley
Community College
District 0.545%
08/01/2024
8/11/2021
8/31/2021
$225,000.00 $225,000.00 $225,000.00 0.55% 0.841
0.818
$95.92
$215,824.50
($9,175.50) 0.11% Aa2
AA
20056XAA6 Commerce, City of
0.667% 08/01/2024
8/25/2021
8/31/2021
$525,000.00 $525,000.00 $525,000.00 0.67% 0.841
0.816
$95.71
$502,482.75
($22,517.25) 0.25%
AA206849GM7 Conejo Valley
Unified School
District 0.702%
08/01/2024
9/1/2021
9/22/2021
$200,000.00 $200,000.00 $200,000.00 0.70% 0.841
0.818
$95.97
$191,940.00
($8,060.00) 0.10% Aa3
223047AC5 Covina, City of
0.738% 08/01/2024
10/6/2021
10/8/2021
$1,000,000.00 $999,490.00 $999,490.00 0.76% 0.841
0.816
$95.81
$958,060.00
($41,430.00) 0.47%
AA
155105NM7 Central School
District School
Facilities
Corporation 1.022%
08/01/2024
11/17/2021
12/9/2021
$140,000.00 $140,000.00 $140,000.00 1.02% 0.841
0.817
$96.30
$134,824.20
($5,175.80) 0.07% Aa3
AA
802649TH6 Santa Rosa, City of
0.827% 09/01/2024
11/24/2020
12/1/2020
$1,000,000.00 $1,010,410.00 $1,010,410.00 0.55% 0.926
0.900
$95.77
$957,710.00
($52,700.00) 0.47%
AA
21976THG0 Corona-Norco
Unified School
District 0.667%
09/01/2024
4/23/2021
5/13/2021
$2,480,000.00 $2,480,000.00 $2,480,000.00 0.67% 0.926
0.900
$95.42
$2,366,391.20
($113,608.80) 1.17%
AA626905PP2 Murrieta Valley
Unified School
District 0.698%
09/01/2024
7/15/2021
7/28/2021
$500,000.00 $500,000.00 $500,000.00 0.70% 0.926
0.900
$95.63
$478,165.00
($21,835.00) 0.24% Aa2
797299MM3 San Diego, City of
1.450% 10/15/2024
4/12/2021
4/14/2021
$900,000.00 $921,672.00 $921,672.00 0.75% 1.047
1.008
$95.75
$861,777.00
($59,895.00) 0.43%
AA79771FFM4 San Francisco, City
& County of 0.723%
11/01/2024
8/24/2023
8/24/2023
$150,000.00 $152,005.50 $152,005.50 0.76% 1.093
1.060
$94.97
$142,459.50
($9,546.00) 0.07%
NR
79771FFP7 San Francisco, City
& County of 0.723%
11/01/2024
8/24/2023
8/24/2023
$1,305,000.00 $1,322,447.85 $1,322,447.85 0.76% 1.093
1.060
$94.98
$1,239,528.15
($82,919.70) 0.61%
AA649791RA0 New York, State of
0.910% 03/15/2025
4/19/2021
4/21/2021
$1,000,000.00 $1,007,440.00 $1,007,440.00 0.72% 1.460
1.416
$93.83
$938,320.00
($69,120.00) 0.46% Aa1
AA+
6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 13 of 25 Town of Paradise Operating Account
POSITION STATEMENT
As of September 30, 2023
47 CUSIP Security
Description
Trade Date/
Settlement
Date
Par Value
Principal Cost/
Purchased
Interest
Total Cost Yield at
Cost
Maturity/
Duration
Market Price/
Market Value
Unrealized Gain/
(Loss)
% of
Assets
Moody's/
S&P
Rating
13063DGB8 California, State of
3.375% 04/01/2025
12/23/2020
12/28/2020
$475,000.00 $531,610.50 $531,610.50 0.54% 1.507
1.419
$97.07
$461,063.50
($70,547.00) 0.23% Aa2
AA797412DM2 San Diego County
Water Authority
0.743% 05/01/2025
11/24/2020
11/27/2020
$1,075,000.00 $1,081,987.50 $1,081,987.50 0.59% 1.589
1.537
$93.07
$1,000,481.00
($81,506.50) 0.50% Aa2
AAA
68609TWD6 Oregon, State of
0.895% 05/01/2025
12/8/2020
12/10/2020
$1,750,000.00 $1,780,887.50 $1,780,887.50 0.49% 1.589
1.534
$93.22
$1,631,420.00
($149,467.50) 0.81% Aa1
AA+
91412HGE7 The Regents of the
University of
California 0.883%
05/15/2025
12/15/2020
12/17/2020
$1,425,000.00 $1,442,199.75 $1,442,199.75 0.61% 1.627
1.572
$93.20
$1,328,142.75
($114,057.00) 0.66% Aa2
AA
91412HGE7 The Regents of the
University of
California 0.883%
05/15/2025
12/21/2020
12/23/2020
$1,355,000.00 $1,372,736.95 $1,372,736.95 0.58% 1.627
1.572
$93.20
$1,262,900.65
($109,836.30) 0.63% Aa2
AA
91412HGE7 The Regents of the
University of
California 0.883%
05/15/2025
1/20/2021
1/22/2021
$3,000,000.00 $3,047,880.00 $3,047,880.00 0.51% 1.627
1.572
$93.20
$2,796,090.00
($251,790.00) 1.38% Aa2
AA
546417DQ6 State of Louisiana
0.840% 06/01/2025
8/24/2021
8/26/2021
$400,000.00 $401,512.00 $401,512.00 0.74% 1.674
1.618
$92.89
$371,576.00
($29,936.00) 0.18% Aa2
AA79773KBG8 San Francisco, City
& County of 0.766%
06/15/2025
11/20/2020
12/8/2020
$200,000.00 $200,000.00 $200,000.00 0.77% 1.712
1.657
$92.59
$185,186.00
($14,814.00) 0.09% Aaa
AAA
574193TR9 Maryland, State of
0.660% 08/01/2025
11/18/2020
11/20/2020
$3,000,000.00 $3,014,580.00 $3,014,580.00 0.56% 1.841
1.784
$92.04
$2,761,320.00
($253,260.00) 1.37% Aaa
AAA
56781RJJ7 Marin Community
College District
5.000% 08/01/2025
11/25/2020
11/30/2020
$2,280,000.00 $2,742,270.00 $2,742,270.00 0.59% 1.841
1.722
$99.26
$2,263,014.00
($479,256.00) 1.12% Aaa
AAA
969268DG3 William S. Hart
Union High School
District 0.757%
08/01/2025
12/10/2020
12/23/2020
$1,000,000.00 $1,000,000.00 $1,000,000.00 0.76% 1.841
1.782
$92.08
$920,760.00
($79,240.00) 0.46% Aa2
798186N81 San Jose Unified
School District
0.558% 08/01/2025
1/8/2021
1/20/2021
$1,000,000.00 $1,000,000.00 $1,000,000.00 0.56% 1.841
1.785
$91.70
$917,010.00
($82,990.00) 0.45% Aaa
AA+
482124SP0 Jurupa Unified
School District
1.059% 08/01/2025
5/27/2021
6/1/2021
$500,000.00 $504,265.00 $504,265.00 0.85% 1.841
1.776
$92.32
$461,585.00
($42,680.00) 0.23% Aa3
6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 14 of 25 Town of Paradise Operating Account
POSITION STATEMENT
As of September 30, 2023
48 CUSIP Security
Description
Trade Date/
Settlement
Date
Par Value
Principal Cost/
Purchased
Interest
Total Cost Yield at
Cost
Maturity/
Duration
Market Price/
Market Value
Unrealized Gain/
(Loss)
% of
Assets
Moody's/
S&P
Rating
03667PHE5 Antelope Valley
Community College
District 0.866%
08/01/2025
8/11/2021
8/31/2021
$170,000.00 $170,000.00 $170,000.00 0.87% 1.841
1.779
$92.07
$156,513.90
($13,486.10) 0.08% Aa2
AA
206849GN5 Conejo Valley
Unified School
District 0.974%
08/01/2025
9/1/2021
9/22/2021
$205,000.00 $205,000.00 $205,000.00 0.97% 1.841
1.777
$92.09
$188,784.50
($16,215.50) 0.09% Aa3
802649TJ2 Santa Rosa, City of
0.977% 09/01/2025
11/24/2020
12/1/2020
$1,530,000.00 $1,554,357.60 $1,554,357.60 0.64% 1.926
1.860
$91.95
$1,406,850.30
($147,507.30) 0.70%
AA
50420BDE9 La Quinta, City of
1.168% 09/01/2025
4/8/2021
4/14/2021
$2,000,000.00 $2,022,960.00 $2,022,960.00 0.90% 1.926
1.853
$91.53
$1,830,600.00
($192,360.00) 0.91%
AA419792ZL3 Hawaii, State of
0.852% 10/01/2025
11/19/2020
11/23/2020
$5,000,000.00 $5,052,250.00 $5,052,250.00 0.63% 2.008
1.934
$91.50
$4,575,150.00
($477,100.00) 2.27% Aa2
AA+
13034AL65 California
Infrastructure and
Economic
Development Bank
0.765% 10/01/2025
12/8/2020
12/17/2020
$1,000,000.00 $1,007,250.00 $1,007,250.00 0.61% 2.008
1.936
$91.34
$913,400.00
($93,850.00) 0.45%
AAA
21969AAE2 Corona, City of
1.361% 05/01/2026
9/30/2021
10/14/2021
$860,000.00 $860,000.00 $860,000.00 1.36% 2.589
2.466
$90.24
$776,046.80
($83,953.20) 0.38%
AA+
21969AAE2 Corona, City of
1.361% 05/01/2026
10/5/2021
10/14/2021
$1,065,000.00 $1,071,336.75 $1,071,336.75 1.23% 2.589
2.466
$90.24
$961,034.70
($110,302.05) 0.48%
AA+
20772KNX3 Connecticut, State of
1.123% 06/01/2026
6/4/2021
6/9/2021
$2,200,000.00 $2,213,090.00 $2,213,090.00 1.00% 2.674
2.561
$89.93
$1,978,372.00
($234,718.00) 0.98% Aa3
AA80182AAE9 Santa Cruz, County
of 1.024%
06/01/2026
9/21/2021
9/23/2021
$1,060,000.00 $1,060,763.20 $1,060,763.20 1.01% 2.674
2.559
$88.66
$939,743.00
($121,020.20) 0.47%
AAA
80182AAE9 Santa Cruz, County
of 1.024%
06/01/2026
9/28/2021
9/30/2021
$1,075,000.00 $1,071,237.50 $1,071,237.50 1.10% 2.674
2.559
$88.66
$953,041.25
($118,196.25) 0.47%
AAA
696735QQ5 Palmdale School
District 1.071%
08/01/2026
8/6/2021
9/2/2021
$250,000.00 $250,000.00 $250,000.00 1.07% 2.841
2.721
$88.56
$221,390.00
($28,610.00) 0.11% Aa3
20056XAC2 Commerce, City of
1.212% 08/01/2026
8/25/2021
8/31/2021
$525,000.00 $525,000.00 $525,000.00 1.21% 2.841
2.713
$88.44
$464,310.00
($60,690.00) 0.23%
AA13063DC48 California, State of
1.700% 02/01/2028
1/25/2023
2/1/2023
$900,000.00 $805,545.00 $805,545.00 4.04% 4.345
4.073
$87.07
$783,612.00
($21,933.00) 0.39% Aa2
AASubTotal $52,900,000.00 $53,655,056.25 $53,655,056.25 0.75% $49,391,571.55 ($4,263,484.70) 24.46% 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 15 of 25 Town of Paradise Operating Account
POSITION STATEMENT
As of September 30, 2023
49 CUSIP Security
Description
Trade Date/
Settlement
Date
Par Value
Principal Cost/
Purchased
Interest
Total Cost Yield at
Cost
Maturity/
Duration
Market Price/
Market Value
Unrealized Gain/
(Loss)
% of
Assets
Moody's/
S&P
Rating
Municipal Note
91412HJL8 The Regents of the
University of
California 0.670%
05/15/2025
2/24/2021
3/10/2021
$1,500,000.00 $1,500,000.00 $1,500,000.00 0.67% 1.627
1.574
$92.61
$1,389,210.00
($110,790.00) 0.69% Aa2
AA
SubTotal $1,500,000.00 $1,500,000.00 $1,500,000.00 0.67% $1,389,210.00 ($110,790.00) 0.69% Negotiable Certificate of Deposit
87165HC32 Synchrony Bank
0.550% 09/03/2024
8/31/2021
9/3/2021
$249,000.00 $248,253.00 $248,253.00 0.65% 0.932
0.906
$95.39
$237,526.08
($10,726.92) 0.12%
89235MLN9 Toyota Financial
Savings Bank
0.650% 09/09/2024
8/31/2021
9/9/2021
$249,000.00 $248,377.50 $248,377.50 0.73% 0.948
0.922
$95.40
$237,541.02
($10,836.48) 0.12%
649447VM8 Flagstar Bank,
National
Association. 0.650%
09/10/2024
8/30/2021
9/10/2021
$249,000.00 $248,564.25 $248,564.25 0.71% 0.951
0.924
$95.38
$237,506.16
($11,058.09) 0.12%
05580AE67 BMW Bank of North
America 0.650%
10/08/2024
9/30/2021
10/8/2021
$249,000.00 $248,315.25 $248,315.25 0.74% 1.027
0.996
$95.03
$236,624.70
($11,690.55) 0.12%
7954507A7 Sallie Mae Bank
1.000% 07/14/2026
7/14/2021
7/16/2021
$248,000.00 $246,760.00 $246,760.00 1.10% 2.792
2.677
$88.62
$219,780.08
($26,979.92) 0.11%
38149MZJ5 Goldman Sachs
Bank USA Holdings
LLC 1.050%
09/08/2026
8/31/2021
9/8/2021
$249,000.00 $247,879.50 $247,879.50 1.14% 2.945
2.824
$88.26
$219,777.36
($28,102.14) 0.11%
SubTotal $1,493,000.00 $1,488,149.50 $1,488,149.50 0.84% $1,388,755.40 ($99,394.10) 0.69% Supranational
45818WDD5 IADB 0.39%
04/16/2024
4/8/2021
4/16/2021
$3,000,000.00 $3,000,270.00 $3,000,270.00 0.39% 0.548
0.534
$97.30
$2,919,060.00
($81,210.00) 1.45% Aaa
AA+
459058JA2 IBRD 0.750%
03/11/2025
3/4/2021
3/9/2021
$3,150,000.00 $3,167,671.50 $3,167,671.50 0.61% 1.449
1.406
$93.52
$2,945,848.50
($221,823.00) 1.46% Aaa
AA+
459058JL8 IBRD 0.500%
10/28/2025
2/3/2021
2/8/2021
$5,000,000.00 $4,994,200.00 $4,994,200.00 0.52% 2.082
2.017
$90.97
$4,548,350.00
($445,850.00) 2.25% Aaa
AA+
6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 16 of 25 Town of Paradise Operating Account
POSITION STATEMENT
As of September 30, 2023
50 CUSIP Security
Description
Trade Date/
Settlement
Date
Par Value
Principal Cost/
Purchased
Interest
Total Cost Yield at
Cost
Maturity/
Duration
Market Price/
Market Value
Unrealized Gain/
(Loss)
% of
Assets
Moody's/
S&P
Rating
459058JS3 IBRD 0.650%
02/10/2026
5/27/2021
6/1/2021
$2,000,000.00 $1,981,720.00 $1,981,720.00 0.85% 2.370
2.291
$89.97
$1,799,420.00
($182,300.00) 0.89% Aaa
AA+
45950VPU4 IFC 0.75%
03/23/2026
3/4/2021
3/23/2021
$2,000,000.00 $1,994,880.00 $1,994,880.00 0.80% 2.482
2.399
$89.74
$1,794,880.00
($200,000.00) 0.89% Aaa
AA+
SubTotal $15,150,000.00 $15,138,741.50 $15,138,741.50 0.59% $14,007,558.50 ($1,131,183.00) 6.94% U.S. Treasury Note
91282CCP4 UST 0.625%
07/31/2026
9/23/2021
9/24/2021
$2,500,000.00 $2,462,792.97 $2,462,792.97 0.94% 2.838
2.745
$88.94
$2,223,525.00
($239,267.97) 1.10% Aaa
AA+
91282CCW9 UST 0.750%
08/31/2026
9/23/2021
9/24/2021
$2,500,000.00 $2,481,054.69 $2,481,054.69 0.91% 2.923
2.822
$88.98
$2,224,600.00
($256,454.69) 1.10% Aaa
AA+
91282CCZ2 UST 0.875%
09/30/2026
9/28/2021
9/30/2021
$2,950,000.00 $2,930,525.39 $2,930,525.39 1.01% 3.005
2.885
$89.16
$2,630,338.00
($300,187.39) 1.30% Aaa
AA+
91282CEW7 UST 3.250%
06/30/2027
8/21/2023
8/22/2023
$2,500,000.00 $2,383,886.72
$11,701.77
$2,395,588.49 4.58% 3.753
3.444
$94.95
$2,373,725.00
($10,161.72) 1.18% Aaa
AA+
91282CFM8 UST 4.125%
09/30/2027
3/3/2023
3/6/2023
$950,000.00 $941,835.94 $941,835.94 4.33% 4.005
3.565
$97.87
$929,774.50
($12,061.44) 0.46% Aaa
AA+
91282CGH8 UST 3.500%
01/31/2028
2/13/2023
2/14/2023
$2,000,000.00 $1,960,156.25 $1,960,156.25 3.95% 4.342
3.938
$95.37
$1,907,340.00
($52,816.25) 0.94% Aaa
AA+
91282CGP0 UST 4.000%
02/29/2028
2/23/2023
3/1/2023
$1,175,000.00 $1,165,866.21 $1,165,866.21 4.17% 4.422
3.980
$97.34
$1,143,745.00
($22,121.21) 0.57% Aaa
AA+
91282CGP0 UST 4.000%
02/29/2028
8/21/2023
8/22/2023
$1,050,000.00 $1,028,548.83 $1,028,548.83 4.50% 4.422
3.980
$97.34
$1,022,070.00
($6,478.83) 0.51% Aaa
AA+
9128284N7 UST 2.875%
05/15/2028
5/15/2023
5/16/2023
$2,200,000.00 $2,137,609.38
$171.88
$2,137,781.26 3.50% 4.630
4.202
$92.61
$2,037,332.00
($100,277.38) 1.01% Aaa
AA+
91282CHK0 UST 4.000%
06/30/2028
8/21/2023
8/22/2023
$2,500,000.00 $2,448,242.19
$14,402.17
$2,462,644.36 4.48% 4.756
4.226
$97.26
$2,431,550.00
($16,692.19) 1.20% Aaa
AA+
91282CHQ7 UST 4.125%
07/31/2028
8/21/2023
8/22/2023
$2,500,000.00 $2,463,964.84
$6,165.08
$2,470,129.92 4.45% 4.841
4.298
$97.77
$2,444,325.00
($19,639.84) 1.21% Aaa
AA+
91282CHX2 UST 4.375%
08/31/2028
9/27/2023
9/28/2023
$2,050,000.00 $2,027,818.36
$6,899.04
$2,034,717.40 4.62% 4.926
4.360
$98.94
$2,028,229.00
$410.64 1.00% Aaa
AA+
SubTotal $24,875,000.00 $24,432,301.77
$39,339.94
$24,471,641.71 3.28% $23,396,553.50 ($1,035,748.27) 11.59% Grand Total $214,902,423.13 $214,289,833.35
$53,742.86
$214,343,576.21 2.03% $201,903,496.11 ($12,386,337.24) 100.00% 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 17 of 25 Town of Paradise Operating Account
POSITION STATEMENT
As of September 30, 2023
51 Transaction
Type Trade Date Settlement Date CUSIP Security Description Par Value Principal Amount Purchased Interest Total Cost Yield at Cost
BUYKIND
BUYKIND 8/18/2023 8/18/2023 797412EL3 San Diego County
Water Authority 0.593%
05/01/2024
330,000.00 331,151.70 331,151.70 0.51%
BUYKIND 8/18/2023 8/18/2023 797412EK5 San Diego County
Water Authority 0.593%
05/01/2024
670,000.00 672,338.30 672,338.30 0.51%
BUYKIND 8/24/2023 8/24/2023 79771FFM4 San Francisco, City & County of 0.723%
11/01/2024
150,000.00 152,005.50 152,005.50 0.76%
BUYKIND 8/24/2023 8/24/2023 79771FFP7 San Francisco, City & County of 0.723%
11/01/2024
1,305,000.00 1,322,447.85 1,322,447.85 0.76%
Total 2,455,000.00 2,477,943.35 2,477,943.35
Purchase
Purchase 8/10/2023 8/11/2023 62479LD51 MUFG Bank, Ltd.
04/05/2024
4,980,000.00 4,795,629.33 4,795,629.33 5.82%
Purchase 8/15/2023 8/18/2023 3140LLEB3 Federal National Mortgage Association,
Inc. 4.390% 07/01/2028
1,250,000.00 1,222,656.25 2,591.32 1,225,247.57 4.94%
Purchase 8/21/2023 8/22/2023 91282CEW7 UST 3.250% 06/30/2027 2,500,000.00 2,383,886.72 11,701.77 2,395,588.49 4.58% Purchase 8/21/2023 8/22/2023 91282CGP0 UST 4.000% 02/29/2028 1,050,000.00 1,028,548.83 19,972.83 1,048,521.66 4.50% Purchase 8/21/2023 8/22/2023 91282CHK0 UST 4.000% 06/30/2028 2,500,000.00 2,448,242.19 14,402.17 2,462,644.36 4.48% Purchase 8/21/2023 8/22/2023 91282CHQ7 UST 4.125% 07/31/2028 2,500,000.00 2,463,964.84 6,165.08 2,470,129.92 4.45% Purchase 9/8/2023 9/12/2023 742651DY5 PEFCO 1.400%
07/15/2028
2,925,000.00 2,532,336.30 6,483.75 2,538,820.05 4.52%
Purchase 9/27/2023 9/28/2023 91282CHX2 UST 4.375% 08/31/2028 2,050,000.00 2,027,818.36 6,899.04 2,034,717.40 4.62% Total 19,755,000.00 18,903,082.82 68,215.96 18,971,298.78 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 18 of 25 Town of Paradise Operating Account
TRANSACTION STATEMENT
As of September 30, 2023
52 Transaction
Type Trade Date Settlement Date CUSIP Security Description Par Value Principal Cost Total Proceeds Realized Gain/Loss Called Securities
Called
Securities
8/1/2023 8/1/2023 155105NM7 Central School District School Facilities Corporation 1.022% 08/01/2024
140,000.00 140,000.00 140,000.00 0.00
Total 140,000.00 140,000.00 140,000.00 0.00
Maturity
Maturity 7/20/2023 7/20/2023 17330PSX8 Citigroup Global Markets Holdings Inc.
3.750% 07/20/2023
1,950,000.00 1,950,000.00 1,950,000.00 0.00
Maturity 8/1/2023 8/1/2023 482124SM7 Jurupa Unified School District 0.421% 08/01/2023
1,895,000.00 1,895,000.00 1,895,000.00 0.00
Maturity 8/1/2023 8/1/2023 03667PHC9 Antelope Valley Community College District 0.282% 08/01/2023
320,000.00 320,000.00 320,000.00 0.00
Maturity 8/14/2023 8/14/2023 21687BVE8 Cooperatieve Rabobank U.A. 08/14/2023 1,240,000.00 1,197,305.42 1,240,000.00 42,694.58 Maturity 9/1/2023 9/1/2023 626905PN7 Murrieta Valley Unified School District
0.449% 09/01/2023
500,000.00 500,000.00 500,000.00 0.00
Maturity 9/1/2023 9/1/2023 953321AB2 West Hollywood Community Development Commission 0.493% 09/01/2023
250,000.00 250,000.00 250,000.00 0.00
Maturity 9/6/2023 9/6/2023 63873KW60 Natixis 09/06/2023 3,043,000.00 2,963,618.27 3,043,000.00 79,381.73 Maturity 9/11/2023 9/11/2023 90348JS76 UBS Bank USA 0.350% 09/11/2023 249,000.00 248,626.50 249,000.00 373.50 Maturity 9/18/2023 9/18/2023 856285XE6 State Bank of India 0.400% 09/18/2023 249,000.00 248,738.55 249,000.00 261.45 Total 9,696,000.00 9,573,288.74 9,696,000.00 122,711.26 Sell
Sell 8/10/2023 8/11/2023 3133EMLV2 FFCB 0.270% 04/05/2024 5,000,000.00 4,996,250.00 4,834,250.00 (162,000.00) Sell 8/18/2023 8/18/2023 797412DL4 San Diego County Water Authority
0.593% 05/01/2024
330,000.00 331,151.70 331,151.70 0.00
Sell 8/18/2023 8/18/2023 797412DL4 San Diego County Water Authority
0.593% 05/01/2024
670,000.00 672,338.30 672,338.30 0.00
6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 19 of 25 Town of Paradise Operating Account
TRANSACTION STATEMENT
As of September 30, 2023
53 Transaction
Type Trade Date Settlement Date CUSIP Security Description Par Value Principal Cost Total Proceeds Realized Gain/Loss Sell 8/24/2023 8/24/2023 79771FAX5 San Francisco, City & County of 0.723% 11/01/2024
1,305,000.00 1,322,447.85 1,322,447.85 0.00
Sell 8/24/2023 8/24/2023 79771FAX5 San Francisco, City & County of 0.723% 11/01/2024
150,000.00 152,005.50 152,005.50 0.00
Total 7,455,000.00 7,474,193.35 7,312,193.35 (162,000.00) Transaction Type Payment Date Settlement Date CUSIP Security Description Interest Received Interest/Dividends
Interest/Dividends 7/3/2023 7/3/2023 119174AC4 Buena Park, City of 0.595% 07/01/2024 2,975.00 Interest/Dividends 7/3/2023 7/3/2023 31846V567 First American Funds, Inc. 21,275.37 Interest/Dividends 7/6/2023 7/6/2023 3134GXJQ8 FMCC 0.320% 01/06/2025 2,800.00 Interest/Dividends 7/10/2023 7/10/2023 90348JS76 UBS Bank USA 0.350% 09/11/2023 71.63 Interest/Dividends 7/11/2023 7/11/2023 89236THU2 Toyota Motor Credit Corporation 0.450% 01/11/2024 9,000.00 Interest/Dividends 7/12/2023 7/12/2023 3133EMMR0 FFCB 0.470% 01/12/2026 5,499.00 Interest/Dividends 7/14/2023 7/14/2023 7954507A7 Sallie Mae Bank 1.000% 07/14/2026 1,229.81 Interest/Dividends 7/17/2023 7/17/2023 31422B6K1 AGM 0.480% 01/15/2026 8,400.00 Interest/Dividends 7/20/2023 7/20/2023 17330PSX8 Citigroup Global Markets Holdings Inc. 3.750% 07/20/2023 6,093.75 Interest/Dividends 7/27/2023 7/27/2023 3130AKQF6 FHLB 0.400% 01/27/2025 5,000.00 Interest/Dividends 7/28/2023 7/28/2023 3135G06R9 FNMA 0.550% 01/28/2026 8,250.00 Interest/Dividends 7/31/2023 7/31/2023 91282CCP4 UST 0.625% 07/31/2026 7,812.50 Interest/Dividends 7/31/2023 7/31/2023 17330Y4T4 Citigroup Global Markets Holdings Inc. 5.500% 10/31/2023 37,125.00 Interest/Dividends 7/31/2023 7/31/2023 48133PDZ3 JPMorgan Chase Financial Company LLC 5.000% 02/29/2024
25,000.00
6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 20 of 25 Town of Paradise Operating Account
TRANSACTION STATEMENT
As of September 30, 2023
54 Transaction Type Payment Date Settlement Date CUSIP Security Description Interest Received Interest/Dividends 7/31/2023 7/31/2023 91282CGH8 UST 3.500% 01/31/2028 35,000.00 Interest/Dividends 7/31/2023 7/31/2023 3134GXKU7 FMCC 0.375% 01/29/2025 6,562.50 Interest/Dividends 8/1/2023 8/1/2023 574193TR9 Maryland, State of 0.660% 08/01/2025 9,900.00 Interest/Dividends 8/1/2023 8/1/2023 56781RJJ7 Marin Community College District 5.000% 08/01/2025 57,000.00 Interest/Dividends 8/1/2023 8/1/2023 969268DF5 William S. Hart Union High School District 0.607% 08/01/2024
6,828.75
Interest/Dividends 8/1/2023 8/1/2023 969268DG3 William S. Hart Union High School District 0.757% 08/01/2025
3,785.00
Interest/Dividends 8/1/2023 8/1/2023 798186N73 San Jose Unified School District 0.383% 08/01/2024 1,024.53 Interest/Dividends 8/1/2023 8/1/2023 798186N81 San Jose Unified School District 0.558% 08/01/2025 2,790.00 Interest/Dividends 8/1/2023 8/1/2023 482124SN5 Jurupa Unified School District 0.625% 08/01/2024 1,562.50 Interest/Dividends 8/1/2023 8/1/2023 482124SM7 Jurupa Unified School District 0.421% 08/01/2023 3,988.98 Interest/Dividends 8/1/2023 8/1/2023 482124SP0 Jurupa Unified School District 1.059% 08/01/2025 2,647.50 Interest/Dividends 8/1/2023 8/1/2023 696735QQ5 Palmdale School District 1.071% 08/01/2026 1,338.75 Interest/Dividends 8/1/2023 8/1/2023 03667PHD7 Antelope Valley Community College District 0.545% 08/01/2024
613.13
Interest/Dividends 8/1/2023 8/1/2023 03667PHC9 Antelope Valley Community College District 0.282% 08/01/2023
451.20
Interest/Dividends 8/1/2023 8/1/2023 03667PHE5 Antelope Valley Community College District 0.866% 08/01/2025
736.10
Interest/Dividends 8/1/2023 8/1/2023 20056XAA6 Commerce, City of 0.667% 08/01/2024 1,750.88 Interest/Dividends 8/1/2023 8/1/2023 20056XAC2 Commerce, City of 1.212% 08/01/2026 3,181.50 Interest/Dividends 8/1/2023 8/1/2023 206849GN5 Conejo Valley Unified School District 0.974% 08/01/2025 998.35 Interest/Dividends 8/1/2023 8/1/2023 206849GM7 Conejo Valley Unified School District 0.702% 08/01/2024 702.00 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 21 of 25 Town of Paradise Operating Account
TRANSACTION STATEMENT
As of September 30, 2023
55 Transaction Type Payment Date Settlement Date CUSIP Security Description Interest Received Interest/Dividends 8/1/2023 8/1/2023 223047AC5 Covina, City of 0.738% 08/01/2024 3,690.00 Interest/Dividends 8/1/2023 8/1/2023 155105NM7 Central School District School Facilities Corporation
1.022% 08/01/2024
1,430.80
Interest/Dividends 8/1/2023 8/1/2023 13063DC48 California, State of 1.700% 02/01/2028 7,650.00 Interest/Dividends 8/1/2023 8/1/2023 31846V567 First American Funds, Inc. 27,060.40 Interest/Dividends 8/8/2023 8/8/2023 037833EB2 Apple Inc. 0.700% 02/08/2026 17,500.00 Interest/Dividends 8/9/2023 8/9/2023 90348JS76 UBS Bank USA 0.350% 09/11/2023 74.02 Interest/Dividends 8/10/2023 8/10/2023 459058JS3 IBRD 0.650% 02/10/2026 6,500.00 Interest/Dividends 8/11/2023 8/11/2023 69371RR99 PACCAR Financial Corp. 3.550% 08/11/2025 35,500.00 Interest/Dividends 8/10/2023 8/11/2023 3133EMLV2 Federal Farm Credit Banks Funding Corporation 0.27% 04/05/2024
4,725.00
Interest/Dividends 8/31/2023 8/31/2023 91282CCW9 UST 0.750% 08/31/2026 9,375.00 Interest/Dividends 8/31/2023 8/31/2023 91282CGP0 UST 4.000% 02/29/2028 44,500.00 Interest/Dividends 9/1/2023 9/1/2023 797686EL2 San Francisco Municipal Transportation Agency 0.389% 03/01/2024
972.50
Interest/Dividends 9/1/2023 9/1/2023 953321AB2 West Hollywood Community Development Commission
0.493% 09/01/2023
616.25
Interest/Dividends 9/1/2023 9/1/2023 626905PP2 Murrieta Valley Unified School District 0.698% 09/01/2024 1,745.00 Interest/Dividends 9/1/2023 9/1/2023 626905PN7 Murrieta Valley Unified School District 0.449% 09/01/2023 1,122.50 Interest/Dividends 9/1/2023 9/1/2023 21976THG0 Corona-Norco Unified School District 0.667% 09/01/2024 8,270.80 Interest/Dividends 9/1/2023 9/1/2023 50420BDE9 La Quinta, City of 1.168% 09/01/2025 11,680.00 Interest/Dividends 9/1/2023 9/1/2023 478160CN2 Johnson & Johnson 0.550% 09/01/2025 8,250.00 Interest/Dividends 9/1/2023 9/1/2023 802649TJ2 Santa Rosa, City of 0.977% 09/01/2025 7,474.05 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 22 of 25 Town of Paradise Operating Account
TRANSACTION STATEMENT
As of September 30, 2023
56 Transaction Type Payment Date Settlement Date CUSIP Security Description Interest Received Interest/Dividends 9/1/2023 9/1/2023 802649TH6 Santa Rosa, City of 0.827% 09/01/2024 4,135.00 Interest/Dividends 9/1/2023 9/1/2023 31846V567 First American Funds, Inc. 27,361.21 Interest/Dividends 9/5/2023 9/5/2023 87165HC32 Synchrony Bank 0.550% 09/03/2024 690.38 Interest/Dividends 9/8/2023 9/8/2023 38149MZJ5 Goldman Sachs Bank USA Holdings LLC 1.050% 09/08/2026
1,317.99
Interest/Dividends 9/8/2023 9/8/2023 24422EWD7 John Deere Capital Corporation 2.350% 03/08/2027 17,625.00 Interest/Dividends 9/11/2023 9/11/2023 459058JA2 IBRD 0.750% 03/11/2025 11,812.50 Interest/Dividends 9/11/2023 9/11/2023 90348JS76 UBS Bank USA 0.350% 09/11/2023 78.79 Interest/Dividends 9/11/2023 9/11/2023 89235MLN9 Toyota Financial Savings Bank 0.650% 09/09/2024 815.90 Interest/Dividends 9/11/2023 9/11/2023 649447VM8 Flagstar Bank, National Association. 0.650% 09/10/2024 815.90 Interest/Dividends 9/12/2023 9/12/2023 037833DB3 Apple Inc. 2.900% 09/12/2027 14,500.00 Interest/Dividends 9/13/2023 9/13/2023 14913R2P1 Caterpillar Financial Services Corporation 0.600% 09/13/2024
2,700.00
Interest/Dividends 9/14/2023 9/14/2023 14913R2Q9 Caterpillar Financial Services Corporation 1.150% 09/14/2026
14,375.00
Interest/Dividends 9/15/2023 9/15/2023 649791RA0 New York, State of 0.910% 03/15/2025 4,550.00 Interest/Dividends 9/15/2023 9/15/2023 880591EZ1 TVA 3.875% 03/15/2028 37,296.88 Interest/Dividends 9/18/2023 9/18/2023 856285XE6 State Bank of India 0.400% 09/18/2023 504.82 Interest/Dividends 9/22/2023 9/22/2023 89236TJZ9 Toyota Motor Credit Corporation 3.050% 03/22/2027 26,687.50 Interest/Dividends 9/25/2023 9/25/2023 45950VPU4 IFC 0.75% 03/23/2026 7,500.00 Interest/Dividends 9/25/2023 9/25/2023 3140LLEB3 Federal National Mortgage Association, Inc. 4.390% 07/01/2028
4,725.35
Total 657,022.27
6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 23 of 25 Town of Paradise Operating Account
TRANSACTION STATEMENT
As of September 30, 2023
57 Transaction Type Trade Date Settlement Date Transaction Description Amount Custodian Fee
Custodian Fee 7/25/2023 7/25/2023 Cash Out (1,527.34)
Custodian Fee 8/25/2023 8/25/2023 Cash Out (1,524.75)
Custodian Fee 9/25/2023 9/25/2023 Cash Out (1,520.03)
Total (4,572.12)
Management Fee
Management Fee 7/13/2023 7/13/2023 Cash Out (5,500.00)
Management Fee 8/14/2023 8/14/2023 Cash Out (5,500.00)
Management Fee 9/18/2023 9/18/2023 Cash Out (5,500.00)
Total (16,500.00)
Withdrawal
Withdrawal 7/28/2023 7/28/2023 Cash Out (300,000.00)
Withdrawal 8/8/2023 8/8/2023 Cash Out (1,600,000.00)
Total (1,900,000.00)
6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 24 of 25 Town of Paradise Operating Account
TRANSACTION STATEMENT
As of September 30, 2023
58 Meeder provides monthly statements for its investment management clients to provide information about the investment portfolio. The information VKRXOGQRWEHXVHGIRUDXGLWRUFRQILUPDWLRQSXUSRVHV3OHDVHUHYLHZ\RXUFXVWRGLDOVWDWHPHQWVDQGUHSRUWDQ\LQDFFXUDFLHVRUGLVFUHSDQFLHV Certain information and data has been supplied by unaffiliated third parties. Although Meeder believes the information is reliable, it cannot warrant the accuracy of information offered by third parties. Market value may reflect prices received from pricing vendors when current market quotations are not available. Prices may not reflect firm bids or offers and may differ from the value at which the security can be sold.
Statements may include positions from unmanaged accounts provided for reporting purposes. Unmanaged accounts are managed directly by the client and are not included in the accounts managed by the investment adviser. This information is provided as a client convenience and the investment adviser assumes no responsibility for performance of these accounts or the accuracy of the data reported.
Investing involves risk. Past performance is no guarantee of future results. Debt and fixed income securities are subject to credit and interest rate risk. The investment return and principal value of an investment will fluctuate so that an investors shares, when redeemed, may be worth more or less than their original cost. Current performance may be lower or higher than the performance data quoted. 0HHGHU,QYHVWPHQW0DQDJHPHQWLVWKHJOREDOEUDQGIRUWKH0HHGHUJURXSRIDIILOLDWHGFRPSDQLHV,QYHVWPHQWDGYLVRU\VHUYLFHVDUHSURYLGHG through Meeder Public Funds, Inc. Please contact us if you would like to receive a copy of our current ADV disclosure brochure or privacy policy. 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 25 of 25 Town of Paradise Operating Account
STATEMENT DISCLOSURE
As of September 30, 2023
59 Town of Paradise
Council Agenda Summary
Date: November 14, 2023
Agenda Item: 2(d)
ORIGINATED BY: Aimee Beleu, Finance Director/Town Treasurer REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Personally Identifiable Information Policy
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Approve Resolution No. 2023-__, “A Resolution of the Town Council of the Town of Paradise Adopting Administrative Policy 225, a Personally Identifiable Information Policy (PII).”
Background:
It is the policy of the Town of Paradise to protect personally identifiable information (PII) of employees, volunteers, and program participants. The electronic restrictions and safeguards outlined in this policy provide guidance for employees, program participants, contractors and volunteers that have access to PII retained by the Town of Paradise to ensure compliance with state and federal regulations.
Analysis:
Town staff recommends the Town Council adopt the PII Policy. Approval of this policy will provide guidance in handling identifiable information as well as meet compliance thresholds with outside agencies.
Financial Impact:
None.
60 TOWN OF PARADISE
RESOLUTION NO. 2023-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PARADISE ADOPTING ADMINISTRATIVE POLICY NUMBER XXX,
A PERSONALLY IDENTIFIABLE INFORMATION POLICY.
WHEREAS, the Town of Paradise currently does not have an administrative policy that addresses the protection of Personally Identifiable Information; and, WHEREAS, it is prudent and responsible for the Town to establish policy and procedures related to Personally Identifiable Information usage and storage of information in order to minimize liability and safeguard information; and,
WHEREAS, the Human Resources & Risk Management Director has drafted a policy which establishes procedures and requirements for Personally Identifiable Information as set forth on the attached Exhibit “A”.
NOW, THEREFORE, the Town Council of the Town of Paradise does resolve as follows:
SECTION 1: The attached Exhibit “A” Administrative Policy XXX, A Personally Identifiable Information Policy is approved for implementation.
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 14th day of November, 2023, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
_________________________
Greg Bolin, Mayor
ATTEST:
_______________________________
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
________________________________
Dwight L. Moore, Town Attorney
61 “Exhibit A”
Town of Paradise
ADMINISTRATIVE POLICY
______________________________________________________________________ SUBJECT: Personally Identifiable Information Policy
APPROVED BY: Town Council NO. 225
DATE APPROVED: November 14, 2023
ADOPTED BY RESOULTION: Resolution No. 2023- ____
DEPARTMENTS(S) AFFECTED: All Departments
_____________________________________________________________________
POLICY STATEMENT
It is the policy of the Town of Paradise to protect personally identifiable information (PII) of employees, volunteers, and program participants. The electronic restrictions and safeguards outlined in this policy provide guidance for employees, program participants, contractors and volunteers that have access to PII retained by the Town of Paradise to ensure compliance with state and federal regulations.
DEFINITIONS
According to 2 CFR § 200.79 (in the Code of Federal Regulations for the United States of America), Personally Identifiable Information is …
“information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. Some information that is considered to be PII is available in public sources such as telephone books, public Web sites, and university listings. This type of information is considered to be Public PII and includes, for example, first and last name, address, work telephone number, email address, home telephone number, and general education credentials.”
“The definition of PII is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified. Non-PII can become PII whenever additional information is made publicly available, in any medium and from any source, that, when combined with other available information, could be used to identify an individual.” 62 A. Personally Identifiable Information (PII) is any information pertaining to an individual that can be used to distinguish or trace a person’s identity. Some information that is considered PII is available in public sources such as telephone books, public websites, etc. This type of information is considered to be as follows:
When alone When combined with other PII
Names Date and Place of birth
Social Security numbers Race and Ethnicity
Drivers License number Religion
Patient ID numbers Geographical indicators
Addresses Financial Information
Personal telephone number
Biometric Data
There is no comprehensive list of every piece of information that is PII. Instead, recipients and subrecipients must assess each participant record to determine whether it contains information that, either alone or when combined with other information in the record, constitutes PII.
PROCEDURES
This section provides guidelines on how to maintain and discard PII. If current procedures fall outside this policy or questions arise, please contact Human Resources & Risk Management Director to suggest more efficient procedures for protecting PII. All electronic files that contain Protected PII will reside within a protected information system location. All physical files that contain Protected PII will reside within a locked file cabinet or room when not being actively viewed or modified. Protected PII is not to be downloaded to personal or organization owned employee, program participant, volunteer, or contractor workstations or mobile devices (such as laptops, personal digital assistants, mobile phones, tablets or removable media). PII will also not be sent through any form of insecure electronic communication (documents can be sent when properly redacted) E.g., E-mail or instant messaging systems. Significant security risks emerge when PII is transferred from a secure location to a less secure location or is disposed of improperly. When disposing of PII the physical or electronic file should be shredded or securely deleted.
Town will limit the collection of PII unless needed to meet a requirement and with authorization to do so. The access to PII will be managed appropriately. PII will be shared only on a “need to know” basis, with authorization, and with confirmation of with whom you are sharing. Care will be given to where PII is discussed and who may overhear, meetings discussing PII will be planned with care to avoid unauthorized individuals from overhearing, meeting minutes with PII will be treated as confidential, and PII will never be shared via voicemail or text messaging. PII will not be sent via unencrypted email or between email servers that do not share security protocols.
Requirement Example:
Limit Collection • Only to meet requirement
• Only what you need
• Have authorization to collect
Manage Access • Only share on a “need to know” basis
• Never release without authorization
• Discuss discreetly
• Do not transmit PII on voicemail or text
63 INCIDENT REPORTING
Hurman Resources and Risk Management Director must be informed of a real or suspected disclosure of Protected PII data within 24 hours after discovery. E.g., Misplacing a paper report, loss of a laptop, mobile device, or removable media containing PII, accidental email of PII, possible virus, or malware infection or a computer containing PII.
Protecting Physical Files • Label files with PII
• Lock files
• Develop policy that specifies when files with
PII will be checked to ensure accuracy in
storage
Protecting Electronic files • Develop a policy that specifies where files containing PII will be stored in your digital
filing system
• Clearly distinguish between files that do and
do not contain PII.
• Consult with your organization’s information
technology experts to deploy appropriate
security measures
Additional File Protection Guidance • Do not remove PII from authorized facilities without approval from an appropriate party
• Require a signature from the recipient when
sending PII via courier or equivalent service.
Electronic transmissions of PII • When emailing PII: confirm the recipient’s email address, confirm receipt of the email,
and whenever possible, send PII exclusively
between two secure (encrypted) email
servers.
• Do not store PII on shared drives, calendars,
your intranet, or any unsecured or publicly
accessible location on the internet.
Keep secure and confidential all records
containing PII of any individual or family
who applies for and/or receives ESG
assistance
• The address or location of any domestic
violence, dating violence, sexual assault, or
stalking shelter project assisted under ESG
will not be made public except with written
authorization of the person responsible for the
operation of the shelter.
• The address or location of any housing of a
program participant will not be made public,
except as provided under a preexisting privacy
policy of the recipient or subrecipient and
consistent with state and local laws regarding
privacy and obligations of confidentiality.
Record Management, Retention, and
Disposal
• Do not maintain records for longer than
required
• Physical records should be shredded.
Data Breach Response • Report any breaches or suspected breaches of SPII within the ESG program to HUD’s
National Help
64 AUDITS
Periodic audits of organization owned equipment and physical locations may be performed to ensure that protected PII is stored in approved information systems or locations. The purpose of the audit is to ensure compliance with this policy and to provide information necessary to continuously improve practices.
ENFORCEMENT
An employee or volunteer found to be in violation of this policy may be subject to disciplinary action as deemed appropriate based on the facts and circumstances giving rise to the violation.
RECORDS DISPOSAL
Records containing personal data are to be disposed of so as to prevent inadvertent compromise of data. Paper records are disposed of by shredding or other method approved of by the National Institute of Standards and Technology. The disposal method will render all personal data unrecognizable and beyond reconstruction.
65 Town of Paradise
Council Agenda Summary
Date: November 14, 2023
Agenda Item: 2(e)
ORIGINATED BY: Marc Mattox, Town Engineer
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Declaration of Certain Town Equipment from the Public Works Department to be Surplus and Obsolete.
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Declare the attached described equipment as surplus property; and
2. Adopt Resolution No. 2023-___, “A Resolution of the Town Council of the Town of Paradise, Declaring Certain Town Equipment to be Surplus and Obsolete and Authorizing Disposal by the Town Manager or His Designee.” Background:
Over time, equipment purchased becomes obsolete. Vehicles and equipment listed below may be declared as unusable or outdated as they are no longer economical or effective to be used for Town purposes.
The vehicles listed below are well beyond their serviceable life. Maintenance costs are accumulating, and the cost of upkeep outweighs the benefit of having the vehicles. The vehicles have been replaced with a newer model, and the vehicle(s) is no longer able to maintain current emissions standards.
The shop equipment (brake lathe) is outdated and no longer suitable for use for newer model vehicles. Turning brake rotors is an antiquated method of performing a brake job. It takes up shop space and is never used.
The Public Works equipment listed below are well beyond their serviceable life. They are outdated, broken, and beyond repair. They have been replaced with new updated models and are taking up space.
Financial Impact:
The disposal of these items will have no negative impact on the General Fund.
Property to Surplus:
1. 2006 F550 Super Duty with attached dump bed, sander, and snowplow.
VIN #1FDAX57PX6EC11925
2. 2003 Ford Expedition: VIN #: FMPU16L63LB75281
3. AMMCO 4100 Brake Lathe Serial # 9909600106
4. (2) Pallet miscellaneous PW tools and equipment
66 TOWN OF PARADISE
RESOLUTION NO. 2023-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
DECLARING CERTAIN TOWN PROPERTY TO BE SURPLUS AND
AUTHORIZING DISPOSAL THEREOF
WHEREAS, the Town of Paradise wishes to dispose of certain equipment from various departments through public auction, internet sale, salvage or other legal method that is no longer functional or necessary to the Town’s operations.
NOW, THEREFORE, BE IT RESOLVED By the Town Council of the Town of Paradise as follows:
Section 1. The following equipment is declared to be surplus:
1. 2006 F550 Super Duty with attached dump bed, sander, and snowplow.
VIN #:1FDAX57PX6EC11925
2. 2003 Ford Expedition
VIN #: FMPU16L63LB75281
3. AMMCO 4100 Brake Lathe Serial # 9909600106
4. (2) Pallet miscellaneous PW tools and equipment
Section 2. Pursuant to Paradise Municipal Code Section 2.45.130, the Town Manager is hereby authorized to dispose of the property set forth in Section 1 through public auction, internet, sale, salvage, donation or other legal method.
PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 14 th day
of November, 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
67 Town of Paradise
Council Agenda Summary
Date: November 14, 2023
Agenda Item: 2(f)
ORIGINATED BY: Jessica Erdahl, Supervising Project Manager REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Program Supplemental Agreements -
Go Paradise: Skyway Link
Go Paradise: Pentz Student Pathway
LONG TERM
RECOVERY PLAN:
Yes, Tier 1, Evacuation Routes
COUNCIL ACTION REQUESTED:
1. Approve Program Supplement Agreement No. 00000A280 to the Master Agreement Administering Agency-State Agreement for State Funded Projects, Agreement No. 03- 5425S21 for Go Paradise: Skyway Link.
2. Adopt Resolution 2023-__ “A Resolution of the Town Council of the Town of Paradise Designating Authority to the Paradise Town Manager to Sign the Program Supplement Agreement No. 00000A280 Between the California Department of Transportation and the Town of Paradise for the Active Transportation Program Corresponding to Project Go Paradise: Skyway Link.”
3. Approve Program Supplement Agreement No. F022 Rev. 2 to the Master Agreement Administering Agency-State Agreement for Federal-Aid Projects, Agreement No. 03- 5425F15 for Go Paradise: Pentz Student Pathway.
4. Adopt Resolution 2023-__ “A Resolution of the Town Council of the Town of Paradise Designating Authority to the Paradise Town Manager to Sign the Program Supplement Agreement No. F022 Rev. 2 Between the California Department of Transportation and the Town of Paradise for the Active Transportation Program Corresponding to Project Go Paradise: Pentz Student Pathway.”
5. Approve the attached Master Agreement No. 03-5425S21 Administering Agency-State Agreement for State-Funded Projects.
6. Adopt Resolution 2023-__ “A Resolution of the Town Council of the Town of Paradise Designating Authority to the Paradise Town Manager to Sign the Master Agreement No. 03-542S21 Between the California Department of Transportation and the Town of Paradise for State-Funded Projects.”
68 Background:
On September 26, 2013, Governor Brown signed legislation creating the Active Transportation Program (ATP) in the Department of Transportation (Senate Bill 99, Chapter 359 and Assembly Bill 101, Chapter 354). The ATP consolidates existing federal and state transportation programs, including the Transportation Alternatives Program (TAP), Bicycle Transportation Account (BTA), and State Safe Routes to School (SR2S), into a single program with a focus to make California a national leader in active transportation. The ATP is administered by the Division of Local Assistance, Office of Active Transportation and Special Programs. The objective of the ATP is to achieve the following objectives:
• Increase the proportion of biking and walking trips,
• Increase safety for non-motorized users,
• Increase mobility for non-motorized users,
• Advance the efforts of regional agencies to achieve greenhouse gas reduction goals, • Enhance public health, including the reduction of childhood obesity through the use of projects eligible for Safe Routes to Schools Program funding, • Ensure disadvantaged communities fully share in program benefits, and • Provide a broad spectrum of projects to benefit many types of active transportation users.
In Spring 2022, Caltrans announced the Call-for-Projects for the Active Transportation Program Cycle 6. In June 2022, the Town of Paradise submitted five grant applications, two of which were the Go Paradise: Skyway Link Project and the Go Paradise: Pentz Student Pathway Project.
On December 7, 2022, the California Transportation Committee announced the adoption of Statewide and Small Urban and Rural components of the program, including three of the Town’s infrastructure applications – totaling over $41 million. Go Paradise: Skyway Link was one of the projects awarded for $6.7 million and Go Paradise: Pentz Student Pathway was another project awarded for $22,009,000.
The project description for Go Paradise: Skyway Link and Go Paradise: Pentz Student Pathway is in the table below. The project cost includes preliminary engineering, right-of-way, construction, and construction engineering.
Project Title Project
Limits Description
ATP
Programmed
Amount
Total
Project
Cost
Go Paradise:
Skyway Link
Project
Skyway
between
Bille Road
and Wagstaff
Road
Construct a Class I multi-use path,
sidewalk infill, and ADA ramps
along Skyway between Bille Road
and Wagstaff Road.
$6.704M $6.954M
Go Paradise:
Pentz Student
Pathway
Pentz Road
between
Skyway to
Wagstaff and
Bille Rd to
Pearson Rd
Construct a Class 1 multi-use path
along Pentz Road, between
Skyway to Wagstaff and Bille Road
to Pearson Road.
$22.009M $23.809M
69 Analysis:
In order to receive reimbursement payments on the projects through ATP funds, a Program Supplement Agreement has to be executed for each project. The Program Supplement Agreement is a project-specific agreement that supplements the Master Agreement between the Town of Paradise and Caltrans. The attached Program Supplement Agreements must be approved in order to start preliminary engineering on the Skyway Link Project and to continue moving forward with plan development and the right-of-way phase for the Pentz Student Pathway Project.
Financial Impact:
The overall funding breakdown for each project as well as by project phase is shown below:
Attachments:
1. Resolution Program Supplement Agreement for Go Paradise: Skyway Link
2. Program Supplement Agreement No. 00000A280 for Go Paradise: Skyway Link
3. Resolution Program Supplement Agreement for Go Paradise: Pentz Student Pathway
4. Program Supplement Agreement No. F022 Rev. 2 for Go Paradise: Pentz Student Pathway
5. Resolution Master Agreement for State-Funded Project
6. Master Agreement No. 03-5425S21 Administering Agency-State Agreement StateFunded Projects.
Project Title ATP CMAQ CDBG-DR LTF
Go Paradise - Pentz Student Pathway $22,009,000 $700,000 $1,000,000 $100,000 $23,809,000 Total
Funding Source
Project Title ATP CMAQ LTF Total ATP CDBG-DR Total ATP CDBG-DR Total Go Paradise - Pentz Student Pathway $150,000 $700,000 $100,000 $950,000 $1,948,000 $52,000 $2,000,000 $19,911,000 $948,000 $20,859,000 $23,809,000 PE - FY 23/24 RW - FY 23/24 CON/CE -FY 25/26
Total
70 TOWN OF PARADISE
RESOLUTION NO. 2023 - __
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE DESIGNATING
AUTHORITY TO THE PARADISE TOWN MANAGER TO SIGN THE PROGRAM SUPPLEMENT AGREEMENT NO. 00000A280 BETWEEN THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION AND THE TOWN OF PARADISE FOR THE ACTIVE TRANSPORTATION PROGRAM CORRESPONDING TO PROJECT GO PARADISE:
SKYWAY LINK.
WHEREAS, the State of California through its Department of Transportation administers the Active Transportation Program (ATP) and selects projects for funding; and, WHEREAS, the Go Paradise: Skyway Link project has been awarded $6,704,000 from the California Transportation Commissions 2023 ATP; and, WHEREAS, the Program Supplement Agreement is a project-specific agreement that supplements the Master Administering Agency-State Agreement for State Funded Projects, Agreement No. 03-5425S21 between the Town of Paradise and the California Department of Transportation; and
WHEREAS, no reimbursement payments can be made until the Program Supplement Agreement has been executed; and
WHEREAS, these funds will require that they are managed in accordance with the Caltrans Local Assistance Procedures Manual; and,
WHEREAS, the Town Council of the Town of Paradise has approved and agreed to this Program Supplement Agreement.
NOW, THEREFORE, BE IT RESOLVED By the Town Council of the Town of Paradise as follows:
Section 1. That the Town Manager of the Town of Paradise, or his designee, is hereby authorized to sign said Agreement on behalf of the Town.
Section 2. The Town Clerk shall certify the passage and adoption of this resolution.
PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 14 th day
of November, 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 71 TOWN OF PARADISE
RESOLUTION NO. 2023-____
2 --CERTIFICATION OF RESOLUTION--
ATTEST:
I, Dina Volenski, Town Clerk of the Town of Paradise, California do hereby certify that this is a true and correct copy of the original Resolution No. 2023-_____.
WITNESS MY HAND OR THE SEAL OF THE TOWN OF PARADISE, on this 14th day of November, 2023.
___________________________
Dina Volenski, CMC, Town Clerk
Town of Paradise
72 00000A280
FOR STATE FUNDED PROJECTS NO 03-5425S21
0323000308
September 20, 2023
03-BUT-0-PRDS
ATPL-5425(048)
5425
This Program Supplement, effective 08/17/2023, hereby adopts and incorporates into the Administering Agency-State Agreement No. 03-5425S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.
The Project is located on the east and west sides of Skyway between Bille Road and Wagstaff Road, and it is in the Town of Paradise in Butte County, California.
Five segments of sidewalk infill of which will close gaps in the existing atp infrastructure.
0.0(MILES)
Estimated Cost State Funds Matching Funds
TOWN OF PARADISE
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
LOCAL OTHER
$450,000.00 $0.00 $26,000.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$424,000.00
STATE $424,000.00
Program Supplement 03--542-A280- SERIAL 1Page of 4
9/20/23
73 SPECIAL COVENANTS OR REMARKS
03-BUT-0-PRDS
ATPL-5425(048)
1. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.
B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures.
C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE.
D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.
Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated.
Program Supplement 03--542-A280- SERIAL Page 2 of 4
74 SPECIAL COVENANTS OR REMARKS
03-BUT-0-PRDS
ATPL-5425(048)
Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.
H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines.
I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/.
ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations.
ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items.
Any Fund expenditures for costs for which ADMINISTERING AGENCY has received Program Supplement 03--542-A280- SERIAL Page 3 of 4
75 SPECIAL COVENANTS OR REMARKS
03-BUT-0-PRDS
ATPL-5425(048)
payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission.
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended.
K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines.
2. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.
Program Supplement 03--542-A280- SERIAL Page 4 of 4
76 TOWN OF PARADISE
RESOLUTION NO. 2023 - __
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE DESIGNATING
AUTHORITY TO THE PARADISE TOWN MANAGER TO SIGN THE PROGRAM SUPPLEMENT AGREEMENT NO. F022 REV. 2 BETWEEN THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION AND THE TOWN OF PARADISE FOR THE ACTIVE TRANSPORTATION PROGRAM CORRESPONDING TO PROJECT GO PARADISE: PENTZ STUDENT PATHWAY.
WHEREAS, the State of California through its Department of Transportation administers the Active Transportation Program (ATP) and selects projects for funding; and, WHEREAS, the Go Paradise: Pentz Student Pathway project has been awarded $22,009,000 from the California Transportation Commissions 2023 ATP; and, WHEREAS, the Program Supplement Agreement is a project-specific agreement that supplements the Master Administering Agency-State Agreement for Federal-Aid Projects, Agreement No. 03-5425F15 between the Town of Paradise and the California Department of Transportation; and
WHEREAS, no reimbursement payments can be made until the Program Supplement Agreement has been executed; and
WHEREAS, these funds will require that they are managed in accordance with the Caltrans Local Assistance Procedures Manual; and,
WHEREAS, the Town Council of the Town of Paradise has approved and agreed to this Program Supplement Agreement.
NOW, THEREFORE, BE IT RESOLVED By the Town Council of the Town of Paradise as follows:
Section 1. That the Town Manager of the Town of Paradise, or his designee, is hereby authorized to sign said Agreement on behalf of the Town.
Section 2. The Town Clerk shall certify the passage and adoption of this resolution.
PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 14 th day
of November, 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 77 TOWN OF PARADISE
RESOLUTION NO. 2023-____
2 --CERTIFICATION OF RESOLUTION--
ATTEST:
I, Dina Volenski, Town Clerk of the Town of Paradise, California do hereby certify that this is a true and correct copy of the original Resolution No. 2023-_____.
WITNESS MY HAND OR THE SEAL OF THE TOWN OF PARADISE, on this 14th day of November, 2023.
___________________________
Dina Volenski, CMC, Town Clerk
Town of Paradise
78 F022 Rev. 2
FOR FEDERAL-AID PROJECTS NO 03-5425F15
0319000245
September 20, 2023
03-BUT-0-PRDS
CML-5425(042)
5425
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 04/25/2016 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.
Along Pentz Road between Pearson Road and Bille Road, and from Wagstaff Road and Skyway
Construct a grade separated Class I bike-ped facility along the west side of Pentz Rd
0.0(MILES)
Estimated Cost Federal Funds Matching Funds
Z400 $700,000.00 STATE $2,098,000.00
TOWN OF PARADISE
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
LOCAL OTHER
$2,850,000.00 $52,000.00 $0.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$2,798,000.00
Program Supplement 03-5425F15-F022-R2- 1Page of 9
9/21/2023
79 SPECIAL COVENANTS OR REMARKS
03-BUT-0-PRDS
CML-5425(042)
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual.
D. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
E. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Program Supplement 03-5425F15-F022-R2- Page 2 of 9
80 SPECIAL COVENANTS OR REMARKS
03-BUT-0-PRDS
CML-5425(042)
Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
F. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter.
Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.
G. As a condition for receiving federal-aid highway funds for PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.
H. This PROJECT is programmed to receive Federal funding from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).
Program Supplement 03-5425F15-F022-R2- Page 3 of 9
81 SPECIAL COVENANTS OR REMARKS
03-BUT-0-PRDS
CML-5425(042)
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the component specific allocation or the effective date of the federal obligation of funds.
I. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY also agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration and that STATE funds available for reimbursement will be limited to the amounts allocated by the California Transportation Commission and/or STATE.
J. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.
Documentation will consist of a Federal Highway Administration-approved "Authorization to Proceed" notification, a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
K. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.
L. The submittal of invoices for PROJECT costs shall be in accordance with the abovereferenced publications and the following. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance, whichever occurs first, to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.
M. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage Program Supplement 03-5425F15-F022-R2- Page 4 of 9
82 SPECIAL COVENANTS OR REMARKS
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of the State Budget Act containing these Federal funds.
N. This PROJECT is subject to the timely use of funds provisions enacted by the ATP Guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated.
Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award.
O. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program Guidelines, as adopted or amended.
P. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines.
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
Program Supplement 03-5425F15-F022-R2- Page 5 of 9
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03-BUT-0-PRDS
CML-5425(042)
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
Program Supplement 03-5425F15-F022-R2- Page 6 of 9
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K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.
All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
Program Supplement 03-5425F15-F022-R2- Page 7 of 9
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P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.
3. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.
4. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain
Program Supplement 03-5425F15-F022-R2- Page 8 of 9
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testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Program Supplement 03-5425F15-F022-R2- Page 9 of 9
87 TOWN OF PARADISE
RESOLUTION NO. 2023 - __
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
DESIGNATING AUTHORITY TO THE PARADISE TOWN MANAGER TO SIGN MASTER AGREEMENT NO. 03-542S21 BETWEEN THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION AND THE TOWN OF PARADISE FOR STATE-FUNDED PROJECTS.
WHEREAS, the Town of Paradise is eligible to receive state funding for certain transportation projects through the State of California Department of Transportation; and, WHEREAS, Master Agreements need to be executed with the State of California Department of Transportation before such funds could be claimed; and, WHEREAS, the Town of Paradise desires to enter into an agreement with the State of California Department of Transportation, to allow the Town to make use of the State administered funds for State-Funded projects; and WHEREAS, the State of California Department of Transportation has provided Master Agreement No. 03-542S21 to govern new State-Funded projects; and NOW, THEREFORE, BE IT RESOLVED By the Town Council of the Town of Paradise as follows:
Section 1. That the Town Manager of the Town of Paradise, or his designee, is hereby authorized to sign said Agreement No. 03-542S21 on behalf of the Town.
Section 2. The Town Clerk shall certify the passage and adoption of this resolution.
PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 14 th day of November, 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
88 TOWN OF PARADISE
RESOLUTION NO. 2023-____
2 --CERTIFICATION OF RESOLUTION--
ATTEST:
I, Dina Volenski, Town Clerk of the Town of Paradise, California do hereby certify that this is a true and correct copy of the original Resolution No. 2023-_____.
WITNESS MY HAND OR THE SEAL OF THE TOWN OF PARADISE, on this 14th day of November, 2023.
___________________________
Dina Volenski, CMC, Town Clerk
Town of Paradise
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104
Town of Paradise
Council Agenda Summary
Date: November 14, 2023
Agenda Item: 2(g)
ORIGINATED BY: Marc Mattox, Town Engineer
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: EV Charging Stations 220 Pearson Rd PG&E Easement
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Adopt Resolution No. 2023-__, “A Resolution of the Town Council of the Town of Paradise Authorizing the Town Manager or Their Designee to Execute Grant of Easement to Pacific Gas & Electric Company for the Purposes of the Town’s Installation of Electric Vehicle Charging Stations at 220 Pearson Road.” Background:
On April 13, 2021, Paradise Town Council approved a Site Host Site Host Agreement between EV Charging Solutions, Inc. and the Town of Paradise to participate in the California Electric Vehicle Infrastructure Project (CALeVIP). This Agreement authorized the Town to work towards implementing new charging stations for electric vehicles at 220 Pearson Road.
Analysis:
Town staff has been working with EV Charging Solutions, Inc. to install and operate up to six charging stations at 220 Pearson Road. Construction for the charging stations is underway and is currently dependent on electrical service from Pacific Gas and Electric Company (PG&E). In order for PG&E to complete the Town’s service application request, a grant of easement is requested from the Town to PG&E.
A copy of the easement documents is included in this Agenda Summary. Staff recommends Council adopt a resolution authorizing the Town Manager to execute any necessary documents relating to this easement request.
Financial Impact:
None.
105
TOWN OF PARADISE
RESOLUTION NO. 2023-___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PARADISE OR THEIR
DESIGNEE TO EXECUTE GRANT OF EASEMENT TO PACIFIC GAS & ELECTRIC COMPANY FOR THE PURPOSES OF THE TOWN’S INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS AT 220 PEARSON ROAD.
WHEREAS, The Town of Paradise does not currently have electric vehicle charging infrastructure equipment installed on public property; and, WHEREAS, Installing EV charging stations are necessary to support the sustainable development goals and priorities identified in the Long-Term Community Recovery Plan; and,
WHEREAS, EV Charging Solutions, Inc. (EVCS) is an authorized installer and equipment distributor, and is working in conjunction with CALeVIP to provide design support, installation, operations, and maintenance services to eligible entities for electric vehicle charging stations; and,
WHEREAS, The Public Works Department recommends approval and execution of the attached Site Host Agreement between EV Charging Solutions, Inc. and the Town of Paradise to participate in the California Electric Vehicle Infrastructure Project.
WHEREAS, On April 13, 2021 the Paradise Town Council authorized the Town Manager to enter into an Agreement with EVCS for the purposes of installing EV Charging Stations at 220 Pearson Road; and,
NOW, THEREFORE, BE IT RESOLVED By the Town Council of the Town of Paradise as follows:
Section 1. The Town Council authorizes granting Pacific Gas & Electric Company necessary utility easements along portions of the Town’s property located at 220 Pearson Road.
Section 2. The Town Manager is authorized to take whatever action is necessary to grant the above easements.
106
TOWN OF PARADISE
RESOLUTION NO. 2023-____
2 PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 14 th day of November 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Greg Bolin, Mayor
ATTEST:
___________
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
___________
Scott Huber, Town Attorney
107
Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
300 Lakeside Drive, Suite 210
Oakland, CA 94612
Attn: Land Rights Library
Location: Town of Paradise___________
Recording Fee $_____________________________
Document Transfer Tax $ ____0.00______
[X] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2122-03-10933 EASEMENT DEED
TOWN OF PARADISE, a municipal corporation, a political subdivision of the State of California, Hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated equipment for public utility purposes, including, but not limited to electric, gas, and communication facilities, together with a right of way therefor, on, and under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the Town of Paradise County of Butte, State of California, described as follows:
(APN 052-223-027)
The parcel of land conveyed by Town of Paradise, Successor Agency to the Paradise Redevelopment Agency to Town of Paradise, a Municipal Corporation by deed dated March 26, 2015 and recorded as Document No. 2015-0010029, Butte County Records.
The easement area is described as follows:
The strip of land of the uniform width of 10 feet, lying 5 feet on each side of the alignment of the facilities as initially installed hereunder. The approximate locations of said facilities are shown upon Grantee’s Drawing labelled EXHIBIT “A” attached hereto and made a part hereof.
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.
108
Utility Distribution Easement (02/2020)
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.
Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.
Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.
Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, Exhibit “B”, attached hereto and made a part hereof.
The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Grantee pursuant to Section 8730(c) of the Business and Professions Code This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.
Dated: __________________, _______.
TOWN OF PARADISE,
a municipal corporation,
a political subdivision of the State of California
I hereby certify that a resolution was
adopted on the ____ day of ________,
20____, by the
______________________________
authorizing the foregoing grant of
easement.
By_____________________________
__________________________________
Jim Goodwin, Town Manager
109
Utility Distribution Easement (02/2020)
Attach to LD: 2122-03-10933
Area, Region or Location: 6
Land Service Office: Chico
Line of Business: Electric Distribution (43)
Business Doc Type: Easements
MTRSQ: 21.22.03.22.13,
FERC License Number: N/A
PG&E Drawing Number: A-22-03-22
Plat No.: (E) T3307
LD of Affected Documents: N/A
LD of Cross Referenced Documents: N/A
Type of interest: Electric Underground Easements (4), Utility Easement (86) SBE Parcel: N/A
% Being Quitclaimed: N/A
Order or PM: 35408332
JCN: N/A
County: Butte
Utility Notice Number: N/A
851 Approval Application No: N/A ;Decision: N/A
Prepared By: MY10
Checked By: RVML
Approved By: N/A (N/A)
Revised by: N/A (N/A)
110
Utility Distribution Easement (02/2020)
State of California
County of )
On __________________________, before me, Notary Public, Insert name
personally appeared
,
who 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.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
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.
111
Utility Distribution Easement (02/2020)
Pacific Gas and Electric Company
EXHIBIT “B”
GRANT OF EASEMENT DISCLOSURE STATEMENT
This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and Electric Company (PG&E) to accommodate a utility service extension to PG&E’s applicant. Please read this disclosure carefully before signing the Grant of Easement.
• You are under no obligation or threat of condemnation by PG&E to grant this easement. • The granting of this easement is an accommodation to PG&E’s applicant requesting the extension of PG&E utility facilities to the applicant’s property or project. Because this easement is an accommodation for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any such easement.
• By granting this easement to PG&E, the easement area may be used to serve additional customers in the area and may be used to install additional utility facilities. Installation of any proposed facilities outside of this easement area will require an additional easement. • Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation of PG&E facilities. You have the option of having PG&E’s contractors perform this work on your property, if available, or granting permission to PG&E’s applicant or the applicant’s contractor to perform this work.
Additionally, in order to comply with California fire laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance activities on your property as provided for in this grant of easement in order to maintain proper clearances from energized electric lines or other facilities. • The description of the easement location where PG&E utility facilities are to be installed across your property must be satisfactory to you.
• The California Public Utilities Commission has authorized PG&E’s applicant to perform the installation of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent may be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of the applicant’s installation, the utility facilities will be inspected by PG&E. When the facility installation is determined to be acceptable the facilities will be conveyed to PG&E by its applicant.
By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records.
112
Applicant:
SECTION TOWNSHIP RANGE
PLAT MAP
REFERENCES
MERIDIAN
SCALE DATE
TOWN OF:
DIVISION DRAWING NO.
PG&E
COUNTY OF:
F.B.: DR.BY: CH.BY:
BOUNDARIES OR LINES
UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG
AUTHORIZ
MDM N/A MY10 RVML
10/21/23
10 '
TOWN OF PARADISE-SERVICE EXTENSION-220 PEARSON RD
T. 22N, R. 03E, MDM
SW 1/4 OF THE NE 1/4 SEC. 22,
22 SW1/4 OF NE1/4
EXHIBIT "A"
LEGEND
10' WIDE PG&E EASEMENT
APPROXIMATE LOCATION OF A
SUBJECT PARCEL LINE
PARCEL LINE
B
L
A
C
K
O
L
IV
E
DR
10' WIDE PG&E CO. EASEMENT
APPROXIMATE LOCATION OF A
14 MAPS
25 MAP
OF
W
OOD
SIDE
SUBDIVISION
SOUTHW
ESTERLEY
CORNER
OF
LOT
1 1
TIE:
60'±
APN 052-223-029
APN 052-223-013
APN
0 5
2 -2
2 3
-0
3 0
PEARSO N
RD
1"=20'
14 MAPS 25
22N 03E
PARADISE
N.VALLEY
BUTTE
(E) T3307, AS112-M02 35408332 A-22-03-22
LD #2122-03-10933
APN 052-223-027
DATED: 3/26/15
BUTTE COUNTY RECORDS
Document No. 2015-0010029
a municipal corporation
TOWN OF PARADISE,
GRANTOR:
113
Town of Paradise
Council Agenda Summary
Date: November 14, 2023
Agenda Item: 6(a)
ORIGINATED BY: Eric Reinbold, Police Chief
REVIEWED BY: Jim Goodwin, Town Manager
Scott Huber, Town Attorney
SUBJECT: Consider Amendment to the Town’s Parade Ordinance
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Consider waiving the first reading of Town Ordinance No. ______and read by title only; and, 2. Introduce Town Ordinance No. _____. “An Ordinance Amending Paradise Municipal Code Section 10.20.100 Relating To Parades And Compliance With Parade Permits Terms; or, 3. Adopt an alternative directive to Town staff. (ROLL CALL VOTE)
Background:
Attached with this council agenda summary for your consideration and recommended adoption for introduction purposes is a copy of an ordinance document recently prepared by the Town Attorney and reviewed by the Police Chief and Town Manager.
Recommended text amendments to the ordinance are shown in “underlined text” (additions). Deletions to the current ordinance are shown in “strikethrough text”.
Analysis:
There has been discussion for some time related to the parade ordinance for the Town of Paradise. Significant concerns have been raised related to safety of parade participants and members of the public who view parades. Following a review of the Town’s ordinance, staff determined that changes were warranted to prohibit some behavior and activities that could result in injury or loss of life to parade participants or members of the public.
The attached ordinance proposes the implementation of standards for float entry, including the provision of a fire extinguisher, ensuring that the float vehicles and towvehicles are rated for the weight of the decorations and riders, as well as prohibiting individuals getting on and off floats as they are in motion. The proposed ordinance also requires that the parade permit applicant ensure compliance with the Town’s ordinance by all parade participants.
114
Financial Impact:
None. These regulations would need to be enforced by a parade permit applicant and have no fiscal impact on the Town. Further, these proposed regulations would ensure that any parades in the Town are conducted in a safe manner and may result in a reduced demand for first responder calls during a parade.
Attachments:
1. Ordinance No. _____ “An Ordinance Amending Paradise Municipal Code Section
10.20.100 Relating To Parades And Compliance With Parade Permits Terms.” 115
TOWN OF PARADISE
ORDINANCE NO. ___
AN ORDINANCE AMENDING PARADISE MUNICIPAL CODE SECTION 10.20.100 RELATING TO
PARADES AND COMPLIANCE WITH PARADE PERMITS TERMS
SECTION 1. Section 10.20.100 of the Paradise Municipal Code is amended to read as follows:
10.20.100 Compliance with, possession of permit, and parade entrant requirements A. Any permittee under this chapter shall comply, and ensure compliance by all parade participants, with all permit directions and conditions and with all applicable laws and ordinances.
B. The permittee parade chairman or other person heading or leading such activity shall carry the town issued parade permit upon his/her person during the conduct of the parade.
C. The Permittee shall ensure that all parade entrants, participants and floats, comply with the following terms:
a. All floats must use nonflammable materials, to the maximum extent practicable;
b. Floats cannot exceed 50 feet in length (including tow vehicle), 13 feet in height and 10 feet in widthwide.
c. All vehicles must be properly registered, insured and drivers must have proper license. Tow vehicles must be rated to tow the weight of the trailer or float.
d. Floats must be a minimum of 12 inches ground clearance from the frame.
Nothing can drag on the roadway from the float. Proper clearance of materials from around the wheels of the vehicles must be incorporated to avoid any materials being caught in them.
e. A minimum of one U.L. approved, current dated, multipurpose, dry chemical 2A10BC fire extinguisher must be carried on all floats. The extinguisher must have certification as current or if a new fire extinguisher, must have sales receipt of purchase.
f. No smoking on or within 30 feet of near any floats at any time. g. Float beds must be sturdy and rated to carry the weight to be imposed. h. Tow vehicles must be properly registered
i. The float vehicle must be properly serviced for gasoline, water, oil, brakes, tires and battery prior to entry into the parade. NO extra gasoline, other than in the vehicle's tank, can be carried on the float vehicle. j. Float Riders:
i. All passengers standing or sitting on the float MUST be wearing a safety belt or have handholds or other support while the float is moving.
116
ii. Absolutely no riders will be allowed to ride on the edge of the float.
Any float with riders or articles hanging over the edge of the float any time before or during the parade will be subject to removal from the line of march.
iii. Absolutely no riders may get on or off of float while it is in motion. k. All entries are required to maintain a continuous forward motion during the parade. No stopping to perform anywhere along the parade route. l. Handouts, packaged candy, and favors may be distributed directly by volunteers that are walking with the float. Volunteers must walk up to the sidewalk to distribute materials; no patrons may enter the street along the parade route.
m. Nothing can be thrown out or sprayed along the parade route, curbside or behind the crowd.
n. The use of cell phones is prohibited while driving a vehicle on the parade route.
D. A Permittee’s failure to comply, or to ensure compliance by all parade participants, with all permit directions and conditions, and with all applicable laws and ordinances may cause the parade to be cancelled or may result in a denial of future parade permit requests.
SECTION 2. This ordinance shall take effect thirty (30) days after the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance or a summary thereof shall be published in a newspaper of general circulation published and circulated within the Town of Paradise along with the names of the members of the Town Council of Paradise voting for and against same.
PASSED AND ADOPTED BY THE Town Council of the Town of Paradise, County of Butte, State of California, on this 14th day of February, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Greg Bolin, Mayor
ATTEST:
__________________________________
DINA VOLENSKI, CMC, Town Clerk
117
APPROVED AS TO FORM:
___________________________________
Scott E. Huber, Town Attorney
118
Town of Paradise
Council Agenda Summary
Date: November 14, 2023
Agenda Item: 6(b)
ORIGINATED BY: Jessica Erdahl, Supervising Project Manager REVIEWED BY: Jim Goodwin, Town Manager
Scott E. Huber, Town Attorney
SUBJECT: Award Contract 2023-004 for On-Call Professional Engineering Services – Skyway Corridor
Connectivity/Go Paradise: Skyway Link Project
LONG TERM
RECOVERY PLAN:
Yes, Tiers 1, Evacuation Routes and Interconnected
Path System
COUNCIL ACTION REQUESTED:
1. Consider concurring with staff’s recommendation of Coastland|DCCM to perform professional civil engineering services on a variety of federally, state, and locally funded efforts contingent upon Caltrans Office of Audits and Investigation acceptance of financial document submittals; and,
2. Approve the attached Professional Services Agreement RFQ 2023-004 with Coastland|DCCM; and,
3. Adopt Resolution 2023 - __ “A Resolution of the Town Council of the Town of Paradise Designating Authority to the Paradise Town Manager To Execute The Agreement for Professional Services and Individual Task Orders Under the Professional Services Agreement for RFQ 2023-004 On-Call Professional Civil Engineering Services – Skyway Corridor up to the Maximum Contract Aggregate Amount of Five Million Dollars to Expedite and Facilitate Camp Fire Recovery Efforts”. (ROLL CALL VOTE) Background:
The Town is currently operating a $580,000,000 Capital Improvement and Disaster Relief Program. In order to delivery these projects and continue restoration and rebuild efforts towards the development of a strong and vibrant community, procurement of professional consultants is necessary.
On September 14, 2023, staff issued a formal Request for Qualifications (RFQ 2030-004) utilizing formal consultant selection procedures per the Caltrans Local Assistance Procedures Manual for Federal-Aid projects. The RFQs stated the scope of work for the professional civil engineering services needed and listed a not-to-exceed amount of $5,000,000 (RFQ 2030-004). The contract term would be for three years, with potential for two one-year extensions by the Town. Due to staffing levels and project workloads, these services cannot be performed by in-house Town staff.
Tasks assigned amongst these projects could vary and/or include a combination of environmental, surveying, right-of-way, geotechnical, design, master planning documents, bidding and construction engineering.
This procurement is a one-step RFQ qualification-based selection process utilizing task orders. 119
Analysis:
By October 12, 2023 at 4:00 PM, Town staff had received five responses to the RFQ. The proposers are listed below:
1. Bureau Veritas North America, Inc.
2. Coastland|DCCM
3. Provost and Pritchard Consulting Group
4. Wood Rodgers, Inc.
5. HDR Engineering, Inc.
Proposals received included cost estimates as a separate attachment to allow for a fair and objective evaluation of the submittals. A three-member evaluation committee was formed to evaluate the proposals, including the following members:
Kieran Jellema, Town of Paradise, Administrative Assistant Colin Nelson, Town of Paradise, Capital Projects Manager Marc Mattox, Town of Paradise, Public Works Director
Table 1: Evaluation Criteria Table
No. Evaluation Criteria Total Possible
1 Completeness of Response 15
2 Experience and Qualifications 35
3 Schedule 15
4 Project Methodology & Approach 15
5 Familiarity & Experience with Local, State and Federal Procedures 20 TOTAL SCORE 100
Committee review of the SOQs was performed independently. Evaluation scoring and ranking are shown in Table 2.
Table 2: Scores and Ranking
Consultant Name Raw Score
Total
Ranking
Total
Final
Ranking
Bureau Veritas North America, Inc. 132.5 14 5
Coastland|DCCM 291 3 1
Provost and Pritchard Consulting Group 228 11 4
Wood Rodgers, Inc. 256 8 3
HDR Engineering, Inc. 281 5 2
The evaluation committee selected the top ranked firm as Coastland|DCCM to proceed with the next phase of the procurement process. Per Federal-Aid procedures, the top ranked consultant cost proposal was opened to begin negotiations and proceed with the Caltrans Office of Audits and Investigation review of financial documents.
Staff recommends Council consider awarding a professional services agreement, Attachment A, to Coastland|DCCM to perform on-call professional civil engineering services for a variety of local, 120
state, and federally-funded projects. Award of the contract will be contingent upon Caltrans Office of Audits and Investigation acceptance of financial document submittals.
Financial Impact:
The professional services agreement and associated task orders will include a combination of federal, state and local funds estimated not-to-exceed in aggregate $5,000,000.
Attachments:
A. Resolution Approving Contract 2023-004
B. Agreement for Professional Services – Coastland|DCCM 121
1 TOWN OF PARADISE
RESOLUTION NO. 2023 - __
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
DESIGNATING AUTHORITY TO THE PARADISE TOWN MANAGER TO
EXECUTE THE AGREEMENT FOR PROFESSIONAL SERVICES AND
INDIVIDUAL TASK ORDERS UNDER THE PROFESSIONAL SERVICES
AGREEMENT FOR RFQ 2023-004 ON-CALL PROFESSIONAL CIVIL
ENGINEERING SERVICES – SKYWAY CORRIDOR UP TO THE MAXIMUM
CONTRACT AGGREGATE AMOUNT OF FIVE MILLION DOLLARS TO
EXPEDITE AND FACILITATE CAMP FIRE RECOVERY EFFORTS
WHEREAS, the 2018 Camp Fire caused unprecedented damage to the Town of Paradise and has necessitated a variety of recovery projects which are further guided by Paradise Long-Term Recovery Plan; and
WHEREAS, the Town of Paradise 2023/2024 Disaster Recovery and Capital Improvement Plan identifies over $580M in projects spanning multiple project phases, timelines, and funding sources; and
WHEREAS, in an effort to streamline and expedite delivery of recovery projects, staff issued a Request for Qualifications (RFQ) 2023-004 On-Call Professional Civil Engineering Services – Skyway Corridor; and
WHEREAS, RFQ 2023-004 was designed for a three-year contract with potential of two one-year extensions; and
WHEREAS, RFQ 2023-004 was designed for a not-to-exceed aggregate contract amount of $5,000,000; and
WHEREAS, RFQ 2023-004 was prepared and reviewed for the most stringent of procurement standards, meeting Paradise Municipal Code, State and Federal requirements; and
WHEREAS, RFQ 2023-004 was advertised on September 14, 2023 for On-Call Professional Civil Engineering services; and
WHEREAS, RFQ 2023-004 yielded five responses by October 12, 2023 at 4:00 PM from the following firms:
1. Bureau Veritas North America, Inc.
2. Coastland|DCCM
3. Provost and Pritchard Consulting Group
4. Wood Rodgers, Inc.
5. HDR Engineering, Inc.
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TOWN OF PARADISE
RESOLUTION NO. 2023- __
2 WHEREAS, each firm was evaluated by a three-member panel of Town staff using the following criteria:
No. Evaluation Criteria Total
Possible
1 Completeness of Response 15
2 Experience and Qualifications 35
3 Schedule 15
4 Projects Overview and Approach 20
5 Familiarity and Experience with Local, State, and Federal Procedures
15 TOTAL SCORE 100
WHEREAS, the recommended consultant to be included in the Professional Services Agreement is Coastland|DCCM; and
WHEREAS, the selected consultant is required to pass a pre-award audit by the California Department of Transportation Independent Office of Audits and Investigations prior to contract execution, including a review of all financial documents and indirect cost rates; and
WHEREAS, by designating the Town Manager authority to execute all task orders associated with RFQ 2023-004, full benefits of this robust procurement process will be realized by expediting the award process.
NOW, THEREFORE, BE IT RESOLVED, that the Town of Paradise-designates authority to the Paradise Town Manager To execute the Agreement for Professional Services and Individual Task Orders under the Professional Services Agreement for RFQ 2023-004 On-Call Professional Civil Engineering Services – Skyway Corridor up to the maximum contract aggregate amount of Five Million Dollars to expedite and facilitate Camp Fire recovery efforts.
PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 14 th day of November, 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 – AGREEMENT FOR PROFESSIONAL SERVICES
_____________________________________
Consultant
On-Call Professional Engineering Services – Skyway Corridor Project Title
Varies
Budget Account Number
ARTICLE I INTRODUCTION
This AGREEMENT is between Town of Paradise and the following named, hereinafter referred to as, CONSULTANT:
(NAME OF CONSULTANT)
Incorporated in the State of (NAME OF STATE)
The Project Manager for the “CONSULTANT” will be (NAME) The Contract Administrator for the Town of Paradise will be Marc Mattox, Public Works Director/Town Engineer.
A. Consultant shall perform the work under this AGREEMENT described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is attached hereto (Exhibit B) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.
B. INDEMNITY AND DEFENSE
1. Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless Town and any and all of its officials, employees and agents as well as any other entities specified by Town (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of sue of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of Town of Paradise, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.
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2. Duty to Defend
In the event the TOWN OF PARADISE, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by TOWN OF PARADISE, CONSULTANT shall defend the TOWN OF PARADISE at CONSULTANT’s cost or at TOWN OF PARADISE’s option, to reimburse TOWN OF PARADISE for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by TOWN OF PARADISE is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and TOWN OF PARADISE, as to whether liability arises from the sole or active negligence of the TOWN OF PARADISE or its officers, employees, or agents, CONSULTANT will be obligated to pay for TOWN OF PARADISE’s defense until such time as a final judgment has been entered adjudicating the TOWN OF PARADISE as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.
C. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto.
CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of Town.
D. TOWN OF PARADISE is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the TOWN OF PARADISE as to the designation of tasks to be performed and the results to be accomplished.
E. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds TOWN OF PARADISE harmless from any and all claims that may be made against the Town based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
F. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the Town of Paradise. However, claims for money due or which become due to CONSULTANT from Town under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the TOWN OF PARADISE. 125
G. CONSULTANT shall be as fully responsible to the TOWN OF PARADISE for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.
H. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
I. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
J. CONSULTANT shall comply with the provisions of this agreement and additional federal provisions in Exhibit E of this agreement. In the event of a conflict between any provisions of Exhibit E, the more stringent provisions shall control and prevail.
K. CONSULTANT shall comply with the requirements of State prevailing wage law as required by law and as set out in this AGREEMENT.
L. All days set out herein are calendar days unless otherwise specified.
M. All Exhibits are incorporated into this AGREEMENT as if fully set forth herein.
ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be posted at least once a month. The report shall be sufficiently detailed for TOWN OF PARADISE’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with TOWN OF PARADISE’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the projects.
ARTICLE III STATEMENT OF WORK
CONSULTANT shall provide On-Call Engineering Services, described in Exhibit A entitled “SCOPE OF SERVICES”.
ARTICLE IV PERFORMANCE PERIOD
A. Exhibit C is the “SCHEDULE OF PERFORMANCES” and is attached and incorporated. This AGREEMENT shall go into effect on DATE, contingent upon approval by Town of Paradise, and CONSULTANT shall commence work after notification to proceed by the Town of Paradise’s Contract Administrator. The AGREEMENT shall end on DATE, unless extended by AGREEMENT amendment or terminated under Article VI of this AGREEMENT.
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B. No recommendation for AGREEMENT award is binding on the Town of Paradise until the AGREEMENT is fully executed and approved by Town Council of the Town of Paradise and the Contract Administrator has issued a Notice to Proceed.
C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. Unless otherwise agreed for a Task Order, CONSULTANT will be compensated for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal, described in Exhibit B entitled “COMPENSATION”. The specified hourly rates shall include all costs, including but not limited to direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT.
CONSULTANT will be reimbursed within thirty (30) days upon receipt by the Town of Paradise’s Contract Administrator of itemized invoices in duplicate.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order when presented along with documentation of such costs acceptable to the Town.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders by the Contract Administrator.
D. After a project to be performed under this AGREEMENT is identified by the Town of Paradise, the Town of Paradise will prepare a draft Task Order without the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, and project schedule. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both the Town of Paradise and CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price), Actual Cost plus Fixed Fee, or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal. If applicable, CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is 127
responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.
F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal.
G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by the Town of Paradise and notification to proceed has been issued by the Town of Paradise’s Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.
J. A Task Order is of no force or effect until returned to the Town of Paradise signed by an authorized representative of the Town of Paradise. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by the Town of Paradise.
K. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.
L. The total amount payable by the Town of Paradise for an Individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.
M. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
N. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT or to exceed the scope of work under this AGREEMENT.
O. The total amount payable by the Town of Paradise for all Task Orders resulting from this AGREEMENT shall not exceed $5,000,000. It is understood and agreed that there is no guarantee, either express or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.
J. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by the Town of Paradise’s Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) days after the performance of work for which CONSULTANT is 128
billing or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, according to phase, and funding source on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and task order. Credits due to the Town of Paradise that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to the Town of Paradise’s Contract Administrator at the following address:
Marc A. Mattox, Public Works Director/Town Engineer
Town of Paradise
5555 Skyway
Paradise, CA 95969
ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by TOWN OF PARADISE, provided that TOWN OF PARADISE gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, TOWN OF PARADISE shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
B. TOWN OF PARADISE may temporarily suspend this AGREEMENT, at no additional cost to TOWN OF PARADISE, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If TOWN OF PARADISE gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to TOWN OF PARADISE for damages sustained by Town by virtue of any breach of this AGREEMENT by CONSULTANT, and Town may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due Town from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT for all correctly completed work. Upon termination, TOWN OF PARADISE shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. 129
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to TOWN OF PARADISE.
D. When a CONSULTANT or subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, subconsultants, and TOWN OF PARADISE shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. The Town of Paradise, HCD, HUD, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by the Town of Paradise’s Finance Director.
B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by the Town of Paradise’s Finance Director of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by TOWN OF PARADISE will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be 130
reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, TOWN OF PARADISE, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by TOWN OF PARADISE Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by TOWN OF PARADISE at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, TOWN OF PARADISE or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the TOWN OF PARADISE Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, TOWN OF PARADISE will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
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2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4. CONSULTANT may submit to TOWN OF PARADISE final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of TOWN OF PARADISE; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO TOWN OF PARADISE no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between TOWN OF PARADISE and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the TOWN OF PARADISE and any subconsultants, and no sub agreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the TOWN OF PARADISE for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its subconsultants is an independent obligation from the TOWN OF PARADISE's obligation to make payments to the CONSULTANT.
B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the TOWN OF PARADISE Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.
C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to subconsultants unless otherwise noted.
D. CONSULTANT shall pay its subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the TOWN OF PARADISE. 132
E. Any substitution of subconsultants must be approved in writing by the TOWN OF PARADISE Contract Administrator in advance of assigning work to a substitute subconsultant.
F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
G. Prompt Payment of Withheld Funds to Subconsultants
No retainage will be withheld by TOWN OF PARADISE from progress payments due the CONSULTANT. Retainage by the CONSULTANT or subconsultants is prohibited, and no retainage will be held by the CONSULTANT from progress due subconsultants. Any violation of this provision shall subject the violating CONSULTANT or subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code §7108.5. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE CONSULTANT and subconsultants.
Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSUTLTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by TOWN OF PARADISE’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five 133
thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by TOWN OF PARADISE’s Contract Administrator, three competitive quotations shall be submitted with the request, or the absence of bidding shall be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, TOWN OF PARADISE shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit TOWN OF PARADISE in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established TOWN OF PARADISE procedures; and credit TOWN OF PARADISE in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by TOWN OF PARADISE and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by TOWN OF PARADISE.
2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR shall be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at TOWN OF PARADISE construction sites, at TOWN OF PARADISE facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve TOWN OF PARADISE projects. Prevailing wage 134
requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by TOWN OF PARADISE representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of TOWN OF PARADISE, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to TOWN OF PARADISE, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT. c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the TOWN OF PARADISE Contract Administrator by both email and regular mail on the business day following receipt of the request.
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3. Each CONSULTANT and subconsultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by TOWN OF PARADISE shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number.
The name and address of the CONSULTANT or subconsultant performing the work shall not be marked or obliterated.
5. The CONSULTANT shall inform TOWN OF PARADISE of the location of the records enumerated under paragraph (1) above, including the street address, Town and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to TOWN OF PARADISE, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.
Such penalties shall be withheld by TOWN OF PARADISE from payments then due.
CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the TOWN OF PARADISE Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its subconsultants shall comply with Labor Code §1774 and §1775.
Pursuant to Labor Code §1775, the CONSULTANT and any subconsultant shall forfeit to the TOWN OF PARADISE a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or subconsultant had knowledge of the obligations under the Labor Code. The 136
CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or subconsultant.
4. If a worker employed by a subconsultant on a public works project is not paid the general prevailing per diem wages by the subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the subconsultant to the employees by periodic review of the certified payroll records of the subconsultant.
c. Upon becoming aware of the subconsultant’s failure to pay the specified prevailing rate of wages to the subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the subconsultant for work performed on the public works project. d. Prior to making final payment to the subconsultant for work performed on the public works project, the CONSULTANT shall obtain a declaration signed under penalty of perjury from the subconsultant that the subconsultant had paid the specified general prevailing rate of per diem wages to the subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, TOWN OF PARADISE shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If TOWN OF PARADISE determines that employees of a subconsultant were not paid the general prevailing rate of per diem wages and if TOWN OF PARADISE did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by TOWN OF PARADISE.
G. Hours of Labor
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Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the TOWN OF PARADISE, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the sub agreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him, her, or it shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANT and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.
Penalties are specified in Labor Code §1777.7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with TOWN OF PARADISE that may have an impact upon the outcome of this AGREEMENT or any ensuing TOWN OF PARADISE construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing TOWN OF PARADISE construction project which will follow.
B. CONSULTANT certifies that it has disclosed to TOWN OF PARADISE any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise TOWN OF PARADISE of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either TOWN OF PARADISE ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT. 138
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
E. Pursuant to 24 CFR 570.489(h), no member, officer, or employee of the CONSULTANT, or its designee or agents, may obtain a financial interest or benefit from a CDBG-DR assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to CDBG-DR assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure, or for 1 year thereafter.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any TOWN OF PARADISE employee. For breach or violation of this warranty, TOWN OF PARADISE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
ARTICLE XV PROHIBITION OF EXPENDING TOWN OF PARADISE, STATE, OR FEDERAL FUNDS FOR
LOBBYING
A. The CONSULTANT certifies, to the best of his, her or its knowledge and belief, that:
1. No State, Federal, or TOWN OF PARADISE appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard FormLLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the 139
required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier sub agreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by TOWN OF PARADISE to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the TOWN OF PARADISE upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or TOWN OF PARADISE shall require to ascertain compliance with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. 140
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of subconsultants.
I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex or national origin. In administering the TOWN OF PARADISE components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex or national origin.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
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B. Any exceptions to this certification must be disclosed to TOWN OF PARADISE. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA, and/or HUD.
ARTICLE XVIII INSURANCE
Consultant shall provide Insurance as described in Exhibit D entitled “INSURANCE REQUIREMENTS”.
A. Prior to Agreement execution, CONSULTANT shall furnish the Town of Paradise with a Certificate of Insurance evidencing the insurance types and requirements set forth in Exhibit D.
B. That the Town of Paradise will not be responsible for any premiums or assessments on the policy.
C. The required insurance listed in Exhibit D shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year.
D. New Certificates of Insurance are subject to the approval of the Town of Paradise. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, the Town of Paradise may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.
ARTICLE XIX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to TOWN OF PARADISE for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or TOWN OF PARADISE governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.
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D. TOWN OF PARADISE has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
ARTICLE XX CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by TOWN OF PARADISE’s Contract Administrator.
C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by TOWN OF PARADISE’s Contract Administrator.
ARTICLE XXI CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, TOWN OF PARADISE has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of TOWN OF PARADISE’s Contract Administrator and the Town Manager, who may consider written or verbal information submitted by CONSULTANT.
B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by TOWN OF PARADISE Town Council of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT. 143
ARTICLE XXIII INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit TOWN OF PARADISE, the State, FHWA, and HUD if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XXIV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by TOWN OF PARADISE Safety Officer and other TOWN OF PARADISE representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code §591, TOWN OF PARADISE has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.
ARTICLE XXV OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of Town, and CONSULTANT shall have no property right therein whatsoever.
Immediately upon termination, Town shall be entitled to, and CONSULTANT shall deliver to Town, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to Town which is in CONSULTANT’s possession.
Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by Town.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, 144
including, without limitation, copyright) belongs to and shall be the sole and exclusive property of Town without restriction or limitation upon its use or dissemination by Town.
C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.
Any reuse by Town for another project or project location shall be at Town’s sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
E. TOWN OF PARADISE may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA, and HUD shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVI CLAIMS FILED BY TOWN OF PARADISE’S CONSTRUCTION CONTRACTOR A. If claims are filed by TOWN OF PARADISE’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with TOWN OF PARADISE’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT’s personnel that TOWN OF PARADISE considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from TOWN OF PARADISE. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.
C. Services of CONSULTANT’s personnel in connection with TOWN OF PARADISE’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
ARTICLE XXVII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to TOWN OF PARADISE’s operations, which are designated confidential by TOWN OF PARADISE and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by TOWN OF PARADISE relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
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C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or TOWN OF PARADISE’s actions on the same, except to TOWN OF PARADISE’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by TOWN OF PARADISE, and receipt of TOWN OF PARADISE’S written permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than TOWN OF PARADISE, Caltrans, and/or FHWA, or HUD. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of Town or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, Town has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, Town’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.
ARTICLE XXVIII CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS
ENTERPRISES AND LABOR SURPLUS AREA FIRMS
The Consultant must take the affirmative steps listed below when subcontracting to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.
A. Affirmative steps must include:
1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists:
2. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of 146
CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by TOWN OF PARADISE. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM TOWN OF PARADISE TO CONSULTANT
The TOWN OF PARADISE shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the TOWN OF PARADISE fails to pay promptly, the TOWN OF PARADISE shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgement remain unsatisfied and pro-rated as necessary. Upon receipt of a payment request, the TOWN OF PARADISE shall act in accordance with both of the following:
(1) The Town of Paradise shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The Town of Paradise must return any payment request deemed improper by the Town of Paradise to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023, the CONSULTANT must now submit Exhibit 9-P to the Town of Paradise administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
The Town of Paradise must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The Town of Paradise must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.
ARTICLE XXXII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:
147
CONSULTANT: Consultant
(Name), Project Manager
Address
TOWN OF PARADISE: Town of Paradise
Marc Mattox, Contract Administrator
5555 Skyway
Paradise, CA 95969
ARTICLE XXXIII CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named TOWN OF PARADISE, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.
ARTICLE XXXIV SIGNATURES
TOWN OF PARADISE ______________________________
A Municipal Corporation Consultant
By: ________________________ By:___________________________ Jim Goodwin, Town Manager Name:
Title:
Address:
APPROVED AS TO FORM: ATTEST:
By:____________________________ By:___________________________ Scott E. Huber, Town Attorney Dina Volenski, Town Clerk 148
1 Town of Paradise
Council Agenda Summary
Date: November 14, 2023
Agenda Item: 6(c)
ORIGINATED BY: Marc Mattox, Public Works Director/Town Engineer REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Town of Paradise Storm Drainage Systems Update
LONG TERM RECOVERY
PLAN:
Yes, Tier 1 – Multiple
Council Action Requested:
None. This item is for information only.
Background:
On Friday, September 29, 2023, the Town of Paradise experienced a peak rain event that included
3.16” of rainfall over 13 hours with a peak hour of 1.6” – calculated at the 100-year storm for a period of 15+/- minutes. This storm event caused significant damage to public and private property throughout Paradise.
At the October 10, 2023 Council Meeting, Paradise Town Council requested an update on overall storm drainage systems.
Analysis:
Over the last twenty years, the Town of Paradise has faced a multitude of challenges, in recent regarding its public storm drain infrastructure. As a rural community, most of the Town’s storm drain systems include open surface flow through roadside ditches and channels. However, the Town does have about 24 miles of storm drain pipes of varying materials including asbestos cement, reinforced concrete, corrugated metal and plastic pipes.
Many of these pipes were installed decades ago and are now deteriorating, leading to leaks, blockages, and reduced overall functionality. These aging pipes have become a significant concern for the town as they are ill-equipped to handle the increased stormwater runoff that occurs during heavy rains, making the area susceptible to flooding and water damage.
In addition to aging pipes, Paradise also grapples with an abundance of open ditches, which pose their own set of challenges. These open ditches are remnants of earlier stormwater management systems and can become problematic when clogged with debris or overgrown vegetation. These ditches can also impede proper drainage, leading to flooding and erosion.
Another critical challenge is the increased runoff, erosion, and sedimentation due to the 2018 Camp Fire's devastating impact on the landscape. With large areas of forest and vegetation destroyed, the soil's ability to absorb rainfall has significantly diminished, leading to increased runoff during storms. This increased runoff carries sediments and debris into the storm drain 149
2 system, clogging pipes and ditches, and exacerbating the erosion issues in the town. The sedimentation also negatively affects water quality, posing environmental and public health concerns.
In June of 2022, Paradise Town Council approved the 2022 Storm Drain Master Plan (SDMP) – funded by a Hazard Mitigation Grant Program grant. The Storm Drain Master Plan was a comprehensive effort to evaluate storm drain needs within the Town and develop recommendations to support recovery following the 2018 Camp Fire. The Executive Summary of the SDMP is included in this Agenda Packet.
The SDMP provides recommendations for 42 unique projects estimated at over $14M which will aim to reduce flooding at locations along key roadways and at other locations where frequent flooding was a known issue in addition to correcting known material deficiencies.
Further the SDMP recommends:
1. Preparation of a supplemental field inspection plan and performance of supplemental field inspections focused on corrugated metal pipe (CMP) segments where their condition is not known;
2. Replacement of CMP with reinforced concrete pipe (RCP) where inspection data reveals segments that are failing;
3. Maintenance of the SDMP GIS in order to keep it up-to-date with pipe inspection data and configuration data as new systems are added and when existing systems are improved;
4. Use of the Flood Information Tool to assign appropriate flood protection conditions of approval for development and redevelopment projects and evaluate Special Permit Zone (SPZ) requirements for residential and commercial fire rebuild projects;
5. Replacement of the outdated SPZs with mapping based on the results from the SDMP;
6. Evaluation of projects that have potentially significant impacts on flooding by using the
7. SDMP model to compare existing and proposed conditions; Additionally, the SDMP recommends that a CMP replacement plan be developed for 87 locations where CMP crosses roadway centerlines that were not identified for replacement in the other projects defined in the SDMP -- estimated at an additional $5M+.
Since the adoption of the SDMP, staff has implemented the Flood Information tool in all Special Permit Zone building permit application in addition to detailed analysis and design data for capital improvement projects.
Due to the nature of storm drain infrastructure funding opportunities remaining sparce, staff has continued to prioritize and address critical failures while using maintenance staff to triage drainage systems as issues are presented. At the present time, Paradise is utilizing a grant through the Alliance for Workforce Development which provides an average of 3-5 additional staff members to the maintenance team which focus on storm damage repair from the 2022/2023 winter storms.
Moving forward, staff is watching two funding sources – further Hazard Mitigation Grant Program funds as well as CDBG-DR MIT (Mitigation) funding for SDMP implementation. When secured, 150
3 staff will prioritize projects which provide the highest benefit to public safety and overall storm drain system effectiveness.
Financial Impact:
Various financial impacts are associated with the recommended actions. Staff will continue to seek grant funding to assist with capital project development and improvements. 151
Town of Paradise
Storm Drainage Master Plan
June 7, 2022 ES-1
EXECUTIVE SUMMARY
PURPOSE
The purpose of this Storm Drainage Master Plan (SDMP) was to establish a prioritized project improvement list aimed at reducing the risk of flooding within the town of Paradise (Town). The SDMP developed the project improvement list employing the following steps:
1. Preparing a drainage system map in a Geographic Information System (GIS) based on as-built drawings, topographic mapping, aerial imagery, and field investigations;
2. Performing condition assessments on selected features;
3. Modeling the drainage system using a system1 that provides a realistic depiction of flooding in order to assess flood risks;
4. Delivering GIS data and tools that facilitate the Town’s use of the system mapping and model results;
5. Coordinating with Town’s staff and consultants on roadway improvement projects to identify locations where drainage improvement projects are needed; and
6. Configuring planning-level drainage improvement projects based on identified needs and model results.
This SDMP provides the Town with a framework to evaluate storm drainage related recovery efforts from the Camp Fire that destroyed most of the Town in November of 2018. This SDMP evaluates and redefines the limits of expected storm drainage through the Town, and this new flood mapping can be used to help guide the reconstruction efforts in order to reduce the risk of new structures being impacted by runoff and to continue conveyance of runoff that could have been expected based on historical conditions. In addition, the SDMP identifies a project improvement list, and the SDMP model will inform roadway improvement projects so that drainage deficiencies can be addressed as the roadway projects are implemented. Improved roadways and drainage systems will make the Town less susceptible to flood damages and better able to respond to, and recover from, future emergencies.
APPROACH
The SDMP developed a state-of-the-art computer model of the drainage system in order to evaluate and present expected flood conditions throughout the Town. The computer model calculated runoff from rainfall and applied the runoff at catch basins, culvert inlets and other concentration points.
Watersheds were delineated for each concentration point and hydrologic parameters were developed based on impervious coverage, flow lengths and ground slope. The model included the 1 A dynamic drainage system model was used that provides a representation of the physical drainage system, including areas of significant surface flow, to accurately route the modeled runoff. 152
Town of Paradise
Storm Drainage Master Plan
June 7, 2022 ES-2
public drainage system with inlets and manholes represented as nodes and pipes represented as links. The drainage system configuration was obtained by digitizing layouts from record drawings, review of imagery and topographic data, and field inspections. Runoff within the capacity of the underground drainage system was routed through it while the remainder was routed on a twodimensional representation of the surface. The two-dimensional representation of the surface was developed from Light Detection And Ranging (LiDAR) data. The modeled surface varies in resolution in order to simulate details that impact conveyance along streets and narrow channels while using larger mesh elsewhere. This approach balances the advantages of model precision while economizing model run times.
Four hydrologic simulations were prepared. Design precipitation distributions were developed from the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 for 10-year and 100-year average recurrence interval storms. These storms have annual exceedance probabilities of 0.10 and 0.01, respectively. The Town was divided into two precipitation zones in order to distinguish between areas of higher expected precipitation to the north and lower expected precipitation to the south. One hydrologic condition was based on the pre-fire level of development and the other hydrologic condition was based on General Plan build-out land use. In summary, the four simulations included the 10-year event for pre-fire development conditions, the 100-year event for pre-fire development conditions, the 10-year event for General Plan build-out conditions, and the 100-year event for General Plan build-out conditions.
As part of the field inspection work to resolve areas of uncertain drainage configuration data, a sample set of locations were reviewed from the surface and by using photographs taken by lowering a camera at manhole and inlet locations. A Conditional Assessment Report was prepared based on the observations that were made.
RESULTS
The results of the SDMP are maps that show flood depths for the four hydrologic simulations and tables that list peak flow rates at key locations. The model provides a water surface elevation at each two-dimensional mesh element. Digital water surfaces based on the model results for the four simulations were prepared and mapped relative to the detailed LiDAR data in order to provide better precision in the mapped water surface depths than was available directly from model results.
The map of 100-year flood depths based on pre-fire conditions is presented on Figure ES-1 (attached). Model results are available that show hydrographs that allow a reviewer to see how depths and flows vary over time. The results were used to develop a Flood Information Tool that allows the Town to enter any address or parcel number to obtain a map that shows 100-year flood depths based on General Plan build-out conditions at the location of interest with topographic contours and any drainage system in the area.
The model results were reviewed to identify locations of apparent deficiencies and to check model results at locations where the Town identified known drainage issues. Model results were also used 153
Town of Paradise
Storm Drainage Master Plan
June 7, 2022 ES-3
to provide design flows for storm drainage improvements being incorporated into roadway projects.
RECOMMENDATIONS
The SDMP provides recommendations for projects:
1. To reduce flooding at locations along key roadways and at other locations where frequent flooding was a known issue; and
2. To correct known material deficiencies.
The locations of the recommended projects are presented in Figure ES-2. Additional recommendations include:
1. Preparation of a supplemental field inspection plan and performance of supplemental field inspections focused on corrugated metal pipe (CMP) segments where their condition is not known;
2. Replacement of CMP with reinforced concrete pipe (RCP) where inspection data reveals segments that are failing;
3. Maintenance of the SDMP GIS in order to keep it up-to-date with pipe inspection data and configuration data as new systems are added and when existing systems are improved;
4. Use of the Flood Information Tool to assign appropriate flood protection conditions of approval for development and redevelopment projects and evaluate Special Permit Zone (SPZ) requirements for residential and commercial fire rebuild projects;
5. Replacement of the outdated SPZs with mapping based on the results from the SDMP;
6. Evaluation of projects that have potentially significant impacts on flooding by using the SDMP model to compare existing and proposed conditions; and
7. Allowing for the use of the Rational Method for projects that only require local peak flows for pipe sizing.
PLANNING-LEVEL COST ESTIMATES
Planning-level cost estimates were prepared for each recommended project location, except for those locations that are being included in the improvement plans for Pentz Road. Table ES-1 (below) summarizes the opinions of probable cost by project location. 154
Town of Paradise
Storm Drainage Master Plan
June 7, 2022 ES-4
Table ES-1: Opinions of Probable Cost by Project Location Project
Location
Number
Project Location
Construction
Cost Total
($)
Easements
($)
Soft Costs
($)
Total Costs
($)
2 Paradisewood Drive near Pentz Road 134,900 - 67,500 202,400 3 Clark Road and Cypress Lane 223,500 7,200 111,800 342,500 5 Rocky Lane near Herman Road 25,500 - 12,800 38,300
7 Wagstaff Road and Fuhrmann Drive 387,700 22,500 193,900 604,100 8 Wagstaff Road near Parkwood Way 384,100 1,000 192,100 577,200 9 Bille Road near Pentz Road 390,500 5,900 195,300 591,700 10 Wagstaff Road from Pentz Road 592,900 - 296,500 889,400 11 Bille Road and Skyway 290,200 - 145,100 435,300
12 Bille Road near Lucky John Road 459,600 7,700 229,800 697,100 13 Descanso Lane Near Bille 36,400 - 18,200 54,600
14 Saxberg Drive near Woodbrook Circle 412,600 18,400 206,300 637,300 15 Oliver Road Near Valley View Drive 233,100 - 116,600 349,700 16 Crestmoor Drive and Rankin Way 72,100 - 36,100 108,200 17 Elliott Road near Grape Lane 97,900 - 49,000 146,900 18 Elliott Road and Copeland Road 769,700 - 384,900 1,154,600 19 Elliott Road east of Maxwell Drive 483,700 17,500 241,900 743,100 20 Elliott near James 98,500 - 49,300 147,800
22 Pearson Road near Hilbe Drive 468,100 - 234,100 702,200 23 Pearson Road near Travis Road 186,000 2,600 93,000 281,600 24 Pearson Road and Cathy Lane 344,000 - 172,000 516,000 25 Pearson Road near Chapel Drive 500,300 - 250,200 750,500 26 Pearson Road east of Scottwood Road 133,200 - 66,600 199,800 27 Pentz Road and York Towne Manor 928,900 - 464,500 1,393,400 28 Stearns Road south of Pearson Road 157,500 - 78,800 236,300 29 Foster Road south of Marvin Drive 157,800 - 78,900 236,700 30 De Mille Road and Harrison Road 407,700 - 203,900 611,600 31 Foster Road and Roe Road 448,800 - 224,400 673,200
32 Ingalls Road north of Deodara Way 22,000 - 11,000 33,000 33 West of Copeland Road south of
Covert Lane
34,300 - 17,200 51,500
34 South of Golden Oaks Road 26,500 - 13,300 39,800
35 Skyway South of Fir Street 51,100 - 25,600 76,700
36 Valley Ridge near Valley View Drive 10,400 - 5,200 15,600 37 Pearson Road near College Hill Road 111,200 - 55,600 166,800 38 Scottwood Road near Highland Lane 12,800 - 6,400 19,200 39 South side of Crandall Way 14,000 - 7,000 21,000
40 South of Frontier Road 41,900 - 21,000 62,900
41 1359 Wagstaff Road 54,800 - 27,400 82,200
42 Pearson Road near Middle Libby Road 18,700 - 9,400 28,100 Total Cost 9,222,900 82,800 4,612,600 13,918,300
155
Town of Paradise
Storm Drainage Master Plan
June 7, 2022 ES-5
Additionally, the SDMP recommends that a CMP replacement plan be developed for 87 locations where CMP crosses roadway centerlines that were not identified for replacement in the other projects defined in the SDMP.
The 87 locations identified in the replacement program cover nearly 6,000 linear feet of pipe ranging in size from 12 inches to 84 inches in diameter. An overall planning-level construction cost estimate for replacing these 87 pipes, including construction of headwalls and endwalls on the 59 culverts, is $3,500,000. The planning-level total cost for the CMP replacement plan, including soft costs, is $5,250,000.
156
Centerville
Rd
Centerville
Centerville
Rd
Redbud Dr
Valley
View Dr
Skyway
Neal Rd
Indian Springs Rd
Roe Rd
Sutter Rd
Red Sky Ln
Wagstaff Rd
S Park
Dr
W Park
Dr
Wagstaff Rd
Skyway
Mineral Slide
191
Sunset Dr
Foster Rd
Honey Run Rd
Bille Rd
Castle Dr
Oliver Rd
Almond
St
Valley View Dr
Fern Ln
Lucky John Rd
Elliott Rd
Clark
Rd
Bille Rd
Paradise
191
Foster Rd
Roe Rd
York Rd
Morgan
Ridge
Rd
Circle
Ln
Clark Rd
Merrill Rd
Andover Dr
Moore Rd
Shay Ln
Bader Min
e
Rd
Pentz Rd
Wagstaff Rd
Skyway
C lark Rd
Magalia
S Libby Rd
Sawmill Rd
Bille Rd
Edgewood Ln
Nunneley Rd
Jordan Hill R d
N Libby Rd
Kibler Rd
Stark Ln
Pearson Rd
P
entz
Rd
Sawmill Rd
Bille Rd
Elliott Rd
Edgewood Ln
Harrison
Rd
S Libby Rd
Pe
ntz
Rd
Jorda n Hill R
d
Jordan Hill Rd
Legend
Paradise Town Limits
Depth Results (feet)
Value
0.25 foot - 1 foot
1 foot - 2 feet
2 feet - 3 feet
3 feet - 5 feet
5 feet - 7 feet
7 feet - 10 feet
Greater than 10 feet
\\woodrodgers.loc\ProductionData\Jobs\Jobs\8832_Paradise\003_SDMP\GIS\ArcGISPro\Report_Figures\Assorted_Figures.aprx 6/6/2022 9:46 AM jcarey FIGURE ES-1
PRE-FIRE CONDITIONS
100-YEAR FLOOD DEPTH MAP
STORM DRAINAGE MASTER PLAN
PARADISE, CA
JUNE 2022
NORTH
0 1,500 3,000 750
Feet
157
Redbud
V
Dr
alley View
Dr
Wagstaff Rd
Quail
Way Rocky Ln
Wagstaff Rd
Skyway
191
Sunset Dr
Foster Rd
Honey Run Rd
Nunneley Rd
Bille Rd
Castle Dr
Oliver Rd
Almond
St
Valley View Dr
Fern Ln
Lucky John Rd
Elliott Rd
Clark Rd
Bille Rd
Pearson Rd
Paradise
Memorial Park
Paradise
Roe Rd oyon Ln
Merrill Rd
Moore Rd
Shay Ln
Pentz Rd
Wagstaff Rd
Clark
Rd
S Libby Rd
Sawmill Rd
Bille Rd
Edgewood Ln
Nunneley Rd
N Libby Rd
Kibler Rd
Stark Ln
Pearson Rd
Pentz
R
d
Sawmill Rd
Bille Rd
Elliott Rd
ison Rd
S Libby R
Legend
Issue
Flooding
Material Deficiency
<all other values>
\\woodrodgers.loc\ProductionData\Jobs\Jobs\8832_Paradise\003_SDMP\GIS\ArcGISPro\Report_Figures\Assorted_Figures.aprx 6/6/2022 9:54 AM jcarey FIGURE ES-2
PROJECT LOCATIONS
STORM DRAINAGE MASTER PLAN
PARADISE, CA
JUNE 2022
NORTH
0 750 1,500 3,000
Feet
California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, Maxar Project
Number Project Location
01 Pentz Road near Timber Lane
02 Paradisewood Drive near Pentz Road
03 Clark Road and Cypress Lane
04 Pentz Road and Merrill Road
05 Rocky Lane near Herman Road and the
Paradise Memorial Trailway
06 Wagstaff Road and Pentz Road
07 Wagstaff Road and Fuhrmann Drive
08 Wagstaff Road near Parkwood Way
09 Bille Road near Pentz Road
10 Wagstaff Road from Pentz Road to
Fuhrmann Drive
11 Bille Road and Skyway
12 Bille Road near Lucky John Road
13 Bille Road near Descanso Lane
14 Saxberg Drive
15 Oliver Road near Valley View Drive
16 Crestmoor Drive and Rankin Way
17 Elliott Road near Grape Lane
18 Elliott Road and Copeland Road
19 Elliott Road between Maxwell Drive and
Clark Road
20 Elliott Road near James Drive
21 Pentz Road and Pearson Road
22 Pearson Road near Hilbe Drive
23 Pearson Road near Travis Road
24 Pearson Road and Cathy Lane
25 Pearson Road near Chapel Drive
26 Pearson Road near Scottwood Road
27 Pentz Road near York Towne Manor
28 Stearns Road
29 Foster Road south of Marvin Drive
30 DeMille Road and Harrison Road
31 Foster Road and Roe Road
32 Ingalls Road north of Deodara Way
33 West of Copeland Road and south of
Covert Lane
34 South of Golden Oaks Road
35 Skyway south of Fir Street
36 Valley Ridge Drive near Valley View Drive
37 Pearson Road near College Hill Road
38 Scottwood Road near Highland Lane
39 South side of Crandall Way
40 South side of Frontier Way
41 1359 Wagstaff Road
42 Pearson Road near Middle Libby Road
43 Elk Lane
158
Town of Paradise
Council Agenda Summary
Date: November 14, 2023
Agenda Item: 6(d)
ORIGINATED BY: Susan Hartman, Community Development
Director – Planning & Wastewater
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Consider Revisions to the Town of Paradise Local Agency Management Program (LAMP) Pertaining to
Septic System Setbacks from Utilities.
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Adopt Town of Paradise Resolution No. 2023-_____, “A Resolution of the Town Council of the Town of Paradise Amending the Local Agency Management Program (LAMP) Relating to Onsite Sewage Disposal Regulations.” Background:
On September 12, 2023, Town staff engaged in a conversation with the Town Council regarding requested septic system setback updates to the Town’s Local Agency Management Program (LAMP) for the onsite treatment of wastewater in Paradise.
One of those setbacks was in response to state law changing (California Code of Regulations § 64572) regarding the setback requirements between a public water main and any septic tank and/or absorption field. The required setbacks were increased from 10’ to 25’ regardless of if the septic construction was new or a repair.
The other setback request was to add a new line item for underground utilities and codify a longstanding industry practice of maintaining a separation between septic tanks and/or absorption fields and undergrounded utilities which is further enumerated within PG&E’s green book for the installation or underground gas and electrical lines. Horizontal separation distances less than 10’, without mitigation, can cause leachate to infiltrate the non-watertight conduit and cause damage to the utilities.
In addition, staff requested a new footnote in the setback table to specify that the setback was measured from the edge of a utility easement, if installed within one.
At the end of the discussion, Council remanded the agenda item back to staff to work with the utilities for some sort of exception language that would potentially allow reduced setbacks in extraordinary circumstances or with mitigation measures. 159
Analysis:
Staff reached out to both Paradise Irrigation District and PG&E to work on language that would allow a collaborative effort, on a case-by-case basis, to determine if a lesser setback could be approved at the discretion of the affected utility. Instead of specific mitigation measures being incorporated into the LAMP, which may change over time, a general statement allowing considerations to be made by the affected utility is being requested.
Ultimately with the help of the utilities, the requested new setback footnote that pertains to both the water main and undergrounded utilities setback was modified from:
If the utility and/or water main is within a utility easement, the setback is measured from the edge of the easement.
To:
Lesser setbacks may be authorized by the affected utility company on a case-by-case basis. If the utility and/or water main is within a utility easement, the setback is measured from the edge of the easement.
If approved by Council, Town staff will engage with the affected utility company when a septic repair necessitates a closer setback than listed to seek options and written approval for a closer install.
Financial Impact:
There is no General Fund financial impact for the adoption of the proposed Resolution. Any subsequent publication costs would be borne by the Enterprise Fund.
Attachment
160
TOWN OF PARADISE
RESOLUTION NO. 2023-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AMENDING TABLE 3.1 OF THE TOWN OF PARADISE MANUAL FOR THE ONSITE TREATMENT
OF WASTEWATER LOCATED WITHIN THE LOCAL AGENCY MANAGEMENT
PROGRAM
WHEREAS, The State Water Resources Control Board adopted Resolution No. 2012-0032 which allowed Local Agencies to propose Local Agency Management Programs for the siting, design, operation, and maintenance of Onsite Wastewater Treatment Systems for California Regional Water Quality Control Board approval as conditional waivers of Waste Discharge Requirements; and
WHEREAS, The Regional Water Quality Control Board Central Valley Region approved the Town of Paradise Local Agency Management Program in a public meeting on December 6, 2016; and
WHEREAS, The Town of Paradise desires to make amendments to the required septic system setbacks listed within the Local Agency Management Program for subsequent review and approval by the Regional Water Quality Control Board; and NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Paradise that:
1. The changes and additions made to Chapter 3, Table 3.1, of the Town of Paradise Manual for the Onsite Treatment of Wastewater located within the Local Agency Management Program, attached as Exhibit “A”, be adopted.
2. That this resolution shall become effective on November 14, 2023.
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 14 th day
of November, 2023 by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
Greg Bolin, Mayor
ATTEST:
By:
Dina Volenski, Town Clerk
APPROVED AS TO FORM:
By:
Scott E. Huber, Town Attorney
161
Exhibit “A”
Table 3.1
REQUIRED SETBACKS
Setback requirements are minimum and may be altered for wastewater flows over 2500gpd as determined by the Onsite Sanitary Official
Setback, ft
Condition
A1Disperal
fields, etc.
B2Septic
tanks, etc.
Wells, whether in use or abandoned, excluding shallow
aquifer, non-permanent groundwater monitoring wells
associated with hazardous substance investigation sites.
Properly destroyed wells are exempt from setbacks
100
150 ft
for Public
water wells
50 150 ft for
Public
water
wells
Surface waters:3
perennial (all year) streams, springs or seeps4
intermittent (part of year) streams, springs or seeps
ravine, drainageway or ephemeral stream
lakes and reservoirs5
100
50 50
200
50 50
50 50
Groundwater interceptors such as french drain or curtain drain used to collect groundwater:
upgradient (the interceptor is upgradient)
downgradient (the interceptor is downgradient)
20 505
20 25
Irrigation canals:
lined (watertight canal)
unlined
upgradient
downgradient
50 100
100
25 50
50 Cuts exceeding 30%, downslope from a dispersal field, in excess of 30 in. (top of cut):
– intersects layers that limit effective soil depth
within 48 in. of surface
– does not intersect layers that limit effective soil
depth
Four times
height of
cut7
10 10
10 Fill downslope from a dispersal field, trenches. Fill must be on top of a native soil surface with over 30% slope 7,8 Four x’s
height of
fill7
10 162
Setback, ft
Condition
A1Disperal
fields, etc.
B2Septic
tanks, etc.
Escarpment (a steep slope or cliff, over 30% slope, that makes a boundary to a flat or gently sloped upland area) downslope from a dispersal field :
50 10
Roadway setback, from road or street edge 209 209
Property lines 5 5
Swimming pool 5 5
Water lines (service line off water main) 5 5
Water main (public) - New construction / Repairs 2514/10 251410/10 Water main (private)
10 10
Driveway or parking area 0
10 011
Foundations, building peers, foundation lines of any building or structure
5 12 512
Dispersal trench (from the sidewall) Narrow dispersal
trenches are exempt as per Section 4.4
8 5
Storm water drainage pipe 2513 5
13 Storm Water Retention/Detention Basins 50 50
Underground utility
1014 1014
1 A= From wastewater dispersal fields or infiltrative surfaces, including dispersal field replacement areas
2 B = From septic tanks dosing tanks, treatment units and distribution units of over 20 gallon capacity
3 Does not prevent stream crossing in approved piping systems; culverting these drainage ways will not be allowed to reduce these setback requirements 4 When a perennial stream, spring or seep is upgradient and higher in elevation the setback to "A" or "B" may be reduced to 50 feet
5 Any impounded body of water with no less than one-acre foot of water 6 Twenty feet if an impermeable barrier is supplied with the drain 7 Four times the height of the bank, measured from the top edge of bank (with a 50 foot maximum distance)
8 For existing dispersal field repairs where no other option is available earthen fill areas may be exempt from this setback requirement if the fill has been in place for over 5 years, has been adequately evaluated by a qualified designer and has demonstrated compatibility with underlying soils. Native soils underneath fill areas may also be used for dispersal fields if they are properly evaluated by a qualified designer and 163
necessary system controls/mitigations are designed into the wastewater treatment and dispersal system
9 If an existing public road right-of-way or public utility easement exceeds the twentyfoot setback a greater setback distance is required. A lesser setback distance to the edge of the road is allowed when information is provided that demonstrates the location of the public road right of way or public utility easement is less than 20 feet.
In no instance shall a septic tank, etc., or dispersal field, etc., be allowed to be constructed in a public road right of way or public utility easement. 10 Only if percolation rate is less than thirty minutes per inch 11 Only if access risers are provided and a minimum one-foot of total cover is provided over the septic tank. New installations in vehicle areas require traffic-rated septic tanks
12 Including non-slab porches and steps whether covered or uncovered, breezeways, roofing structures, carports, and similar structures or appurtenances. Small cement porches and steps that do not serve as foundations for overhead structures are exempt from these setback requirements
13 Greater or lesser distances may be required depending on site characteristics.
Lesser distances may be allowed for storm drains that flow only during rain events and are engineered to eliminate effluent infiltration and preferential pathways 14 Lesser setbacks may be authorized by the affected utility company on a case-bycase basis. If the utility and/or water main is within a utility easement, the setback is measured from the edge of the easement
164