Paradise City Council
December 10, 2024

Course Sufficiency
Local government officials must receive training in two areas. Instruction should be provided on general ethics principles (Gov. Code, § 53235, subd. (d)), and the training must provide a brief summary of specific laws concerning conflicts of interests, perquisites of office and government transparency.

General Ethics Principles
The discussion of general ethical principles should include the manner in which values such as trustworthiness, respect, fairness and responsibility promote public trust in government. It should also include the importance of avoiding even the appearance of impropriety.

Conflicts of Interest, Perquisites of Office, Government Transparency The training regarding conflicts of interest, perquisites of office and governmental transparency should include the following:
(1) Laws relating to personal financial gain by public servants, including, but not limited to:
(A) Laws prohibiting bribery (Pen. Code, § 68).
(B) Conflicts of Interest under the Political Reform Act (Gov. Code, §§ 87100, 87103). (C) Contractual Conflicts of Interest (Gov. Code, § 1090 et seq.). (D) Conflicts of Interest and Campaign Contributions (Gov. Code, § 84308). (E) Conflicts of Interest When Leaving Office (Gov. Code, §§ 87406.3, 87407). (2) Laws relating to claiming perquisites of office, including, but not limited to:
(A) Limitations on the Receipt of Gifts (Gov. Code, §§ 86203, 89503, 89506). (B) Honoraria Ban (Gov. Code, § 89502).
(C) Misuse of Public Funds (Pen. Code, § 424; Gov. Code, § 8314; Fair Political Practices Commission v. Suitt (1979) 90 Cal.App.3d 125; Stanson v. Mott (1976) 17 Cal.3d 206).
(D) Prohibitions against gifts of public funds (Cal. Const., art. XVI, § 6). (E) Mass mailing restrictions (Gov. Code, § 89001).
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(F) Prohibitions against acceptance of free or discounted transportation by transportation companies (Cal. Const., art. XII, § 7).
(3) Government transparency laws, including, but not limited to:
(A) Economic interest disclosure under the Political Reform Act (Gov. Code, §§ 87200 et seq.).
(B) Brown Act (Gov. Code, §§ 54950 et seq.).
(C) Public Records Act (Gov. Code, §§ 6250 et seq.).
(4) Laws relating to fair processes, including, but not limited to:
(A) Common law bias prohibitions.
(B) Due process requirements.
(C) Doctrine of Incompatible Offices (Gov. Code, §§ 1099). (D) Competitive bidding requirements for public contracts. (E) Disqualification from participating in decisions affecting family members (anti-nepotism laws).

A self-study or online course should include testing to assess the official’s retention of the information presented. (§ 53235, subd. (d).)
Both in-person and self-study training materials should refer participating local agency officials to additional resources to assure that the participating official has access to the full range of information required by these curriculum guidelines. These resources may be found on the Attorney General’s webpage at www.caag.state.ca.us, the Fair Political Practices Commission webpage at www.fppc.ca.gov, and the Institute for Local Government at www.cailg.org/AB1234Compliance.

Once the initial ethics training has been completed, agencies may wish to focus more intensely on specific areas of concern in subsequent training sessions and provide a more cursory review of the enumerated laws. We recognize that the two hours of mandatory training is a basic minimum, and encourage agencies to provide additional training throughout the year in order to promote ethical and transparent government at the local level. 256

Training Deadlines
Initial Compliance Period: Local agency officials in local agency service as of January 1, 2006 (except for officials whose term of office ends before January 1, 2007), must complete their training by December 31, 2006. For local agency officials who commence service after January 1, 2006, they must complete their training by no later than one year after their first day of service in public office.1
Subsequent Compliance Periods: After the initial training, each official must complete a training course once in each subsequent two-year period.

Learning Objectives
The Attorney General would encourage every course preparer to assure that his or her course content will satisfy the following desirable objectives:
(1) Alert officials to the kinds of financial interests, relationships and/or activities that may either be prohibited or trigger disclosure or disqualification obligations under ethics laws described in Government Code section 53234(d). (2) Advise officials to 1) avoid prohibited activities, 2) comply with disclosure, disqualification and other affirmative ethics law requirements, and 3) consult with qualified legal counsel and/or regulatory authorities regarding the specifics of any situation that may involve prohibited or required conduct. (3) Note that ethics laws create minimum standards for ethical conduct by public officials; the public’s expectations and ethics principles are likely to create a higher standard for behavior.
(4) Advise participants of the legal and other consequences of violating ethics laws. (5) Include examples of conduct scenarios that are covered by the ethics laws in question.
1 Government Code section 53235.1(b) provides as follows:

Each local agency official who commences service with a local agency on or after January 1, 2006, shall receive the training required by subdivision (a) of Section 53235 no later than one year from the first day of service with the local agency.
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Proof of Participation
Government Code section 53235.2 requires local agency officials to maintain records that indicate both the dates of training and the entity that provided the training. These records are disclosable public records and must be maintained for five years after the training. 258

Town of Paradise
Council Agenda Summary
Date: December 10, 2024
Agenda Item: 2(c)
ORIGINATED BY: Marc Mattox, Public Works Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Fleet Shop Renovation – Contract Award

LONG TERM
RECOVERY PLAN:

N/A
COUNCIL ACTION REQUESTED:

1. Adopt Resolution No. 2024- , “A Resolution of the Town Council of the Town of Paradise awarding Contract 9436.CON for the Fleet Shop Renovation Project to Synergy Builders of Oroville, CA in the Amount of their Bid $348,288.21 and Authorize the Town Manager or their Designee to Issue Contract Amendments up to 10% of the Bid Amount.

Background:

The Town of Paradise Fleet Shop was constructed in 1965 with the addition of a maintenance bay in 2018 to allow for heavy equipment and maintenance of larger fire apparatus. The original fleet shop has several safety and maintenance deficiencies.

During the development of the 2023/2024 Fiscal Year Capital and Operating Budget, the Town of Paradise Fleet Shop was identified for need of renovation to address the operational needs of the staff while improving deferred maintenance and safety conditions for certain fleet activities. A breakdown of project scope and budgets proposed in the 23/24 Measure V Budget is shown below:
- Engine Exhaust Evacuation System, $93,000
- Roof Repairs, Lighting & Cooling Improvements, $60,000 Due to workload constraints, the project did not reach full design in the 2023/2024 fiscal year.

However, based on initial estimates and construction cost trends, an additional $100,000 was budgeted using Measure V funds to supplement the original project cost.

Following the success of work performed by Nichols, Melburg & Rossito (NMR) for the Animal Shelter Expansion Project, staff requested NMR lead the packaging of the various improvements scoped for the fleet shop. Through their work, a refined project scope was developed which showed additional work relating to the existing roof structure, electrical, plumbing and mechanical needs of the building. A proposed final project plan set has been developed with the project highlights listed below:
 Install an engine exhaust evacuation system, improving the safety of mechanic staff especially in inclement weather conditions
 Install new roofing, gutters and insulation
 Install new LED lighting systems to improve working safety and efficiency  Install new cooling systems
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On September 10, 2024, Paradise Town Council approved the Plans, Specifications and Estimates for the Fleet Shop Renovation Project and authorized staff to advertise for bids.

Analysis:

On November 6, 2024, the Town Clerk’s Office received two bids for the subject project, listed below:

Synergy Builders of Oroville, CA $348,288.21
United Building Contractors of Chico, CA $368,000.00
Town staff has reviewed the bid packages and recommends Council award Contract 9436.CON to Synergy Builders of Oroville, CA in the amount of their bid $348,288.21.

Financial Impact:

The original estimate for the construction of the Fleet Shop Renovation Project was $400,000.

Funding for the Fleet Shop Renovation Project will come from approved FY 23/24, FY24/25 Measure V Budget and Town of Paradise PRO Projects Fund. A full accounting is provided below:
- $158,000.00 2023/2024 Measure V Budget (Synergy Builders) - $100,000.00 2024/2025 Measure V Budget (Synergy Builders) - $90,288.21 Town of Paradise PRO Projects Fund (Synergy Builders) - $34,828.82 Town of Paradise PRO Projects Fund (Construction Contingency) - $16,882.97 Town of Paradise PRO Projects Fund (Construction Administration) $400,000 Total Project Cost
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1 TOWN OF PARADISE
RESOLUTION NO. 2024- ____

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AWARDING CONTRACT 9436.CON FOR THE FLEET SHOP RENOVATION

PROJECT TO SYNERGY BUILDERS OF OROVILLE, CA IN THE AMOUNT OF THEIR BID $348,288.21 AND AUTHORIZE THE TOWN MANAGER OR THEIR DESIGNEE TO ISSUE CONTRACT AMENDMENTS UP TO 10% OF THE BID AMOUNT.

WHEREAS, the original Fleet Shop was constructed in 1965 and is in need of improvements to address safety and deferred maintenance needs of the building: and, WHEREAS, improvements of the Fleet Shop will:
 Install an engine exhaust evacuation system, improving the safety of mechanic staff especially in inclement weather conditions  Install new roofing, gutters and insulation
 Install new LED lighting systems to improve working safety and efficiency  Install new cooling systems
WHEREAS, following advertisement, two bids were publicly opened and following review, staff has recommended award of Contract 9436.CON to Synergy Builders of Oroville, CA in the amount of their bid $348,288.21.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:

Section 1. The Public Works Department is authorized to execute necessary agreements for the construction of the project with Synergy Builders of Oroville, CA in the amount of their bid $348,288.21.

Section 2. The Town Manager or their designee is authorized to execute Contract Change Orders up to 10% of the contract amount.

PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 10th day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:
, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________ __________________________________ Melanie Elvis, Town Clerk Scott E. Huber, Town Attorney 261

Town of Paradise
Council Agenda Summary
Date: December 10, 2024
Agenda Item: (2d)
ORIGINATED BY: Scott E. Huber, Town Attorney
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Extension of Urgency Ordinance No. 639 Regarding a Text Amendment to Chapter 2.45 Relating to the Town’s
Purchasing Policy

LONG-TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Consider waiving the entire reading of Town Urgency Ordinance No. 640 and read by title only; and

2. Adopt Town of Paradise Urgency Ordinance No. 640, “An Urgency Ordinance Of The Town Council Of The Town Of Paradise Extending Urgency Ordinance 639 Amending Portions Of Chapter 2.45 Of The Paradise Municipal Code Relating To The Town’s Purchasing System”; or,

3. Direct an alternative directive to town staff.

Background and Analysis:

On November 12, 2024, the Town Council adopted Ordinance No. 639 amending portions of Chapter 2.45 of the Town Municipal Code. Specifically, the Urgency Ordinance removed language which may apply bidding requirements to all work irrespective of the funding source and clarified that Professional Services Agreements are exempt from the bidding requirements of Chapter 2.45. Urgency Ordinances expire after 45-days unless extended.

Town Staff believes that clarity of the Paradise Municipal Code is necessary for the effective functioning of the Town and for certainty in the procurement process. Town Staff learned of a misunderstanding related to the application of protocol for evaluating proposals and the interplay of federal grant requirements versus the language of the Town Code.

Specifically, language in Section 2.45.010(B) of the Town Code may create a misunderstanding related to the implementation of federal grant guidelines for evaluation of proposals for work that is paid for with federal grant funds. In addition, this modification will clarify that Chapter 2.45 does not apply to the procurement of professional services.

The attached Urgency Ordinance, if approved, will implement the recommended modifications for an additional 10 months and 15 days. Staff recommends the approval of the Urgency Ordinance.

Financial Impact:

The cost for publication of the ordinance summary in the local newspaper will be borne by the Town of Paradise.
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TOWN OF PARADISE
ORDINANCE NO. ___
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26 TOWN OF PARADISE
URGENCY ORDINANCE NO. 640

AN URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PARADISE EXTENDING URGENCY ORDINANCE 639 AMENDING PORTIONS OF CHAPTER

2.45 OF THE PARADISE MUNIPICAL CODE RELATING TO THE TOWN’S

PURCASING SYSTEM
The Town Council of the Town of Paradise does ordain as follows:

Section 1. Emergency Findings. The Town Council finds and declares as follows:

This Urgency Ordinance is adopted pursuant to California Government Code Section 36934 and shall take effect immediately upon its approval by at least a four-fifths vote of the Town Council. The Council finds that this Ordinance is necessary for the immediate preservation of the public peace, health and safety, based upon facts set forth in this Ordinance. The Council also finds that there is a significant need for clarification of the Town’s purchasing system to plainly outline the method of procurement of goods and services involving federal or state funding, or professional services. The Town Council adopted Urgency Ordinance 639 on November 12, 2024, temporarily enacting these same modifications to the Paradise Municipal Code, which will expire on December 27, 2024 unless extended.

Section 2. Purpose and Policy of Purchasing System
Section 2.45.010 (B) is hereby amended to read as follows, “This chapter shall apply to contracts for the procurement of town 263

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ORDINANCE NO. ___
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26 supplies and services. It shall apply to every expenditure of public funds irrespective of the source of funds. When the procurement involves the expenditure of federal funds, the procurement shall be conducted in accordance with all applicable federal laws and regulations and with the terms/conditions of any grant, gift or bequest consistent with law. In addition, this chapter shall not apply to contracts for professional services.

Section 3. Severability.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The Town Council hereby declares that it would have passed this Ordinance and every section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

Section 4. Effective Date and Publication.

This Ordinance shall be and the same is hereby declared to be in full force and effect immediately upon its passage by a fourfifths (4/5) or greater vote. This ordinance shall expire and be of no further force or effect 10 months and 15 days after its adoption, unless it is extended by the Town Council. The Town Clerk of the Town of Paradise is authorized and directed to publish a summary of this Ordinance before the expiration of fifteen (15) 264

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ORDINANCE NO. ___
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26 days after its passage. This Ordinance shall be published once, with the names of the members of the Town Council Members voting for and against it, in the Paradise Post, a newspaper of general circulation published in the Town of Paradise, State of California.

A complete copy of this Ordinance is on file with the Town Clerk of the Town Council and is available for public inspection and copying during regular business hours in the office of the Town Clerk.

PASSED AND ADOPTED by the Town Council of the Town of Paradise, County of Butte, State of California, on this 10th day of December, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________ ______________________________ Melanie Elvis Scott E. Huber
Town Clerk Town Attorney
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Town of Paradise
Council Agenda Summary
Date: December 10, 2024
Agenda Item: 2(e)
ORIGINATED BY: Aimee Beleu, Finance Director/Town Treasurer REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Annual Review of Town of Paradise Investment Policy COUNCIL ACTION REQUESTED:

Review and approve Town of Paradise – 140 Investment Policy.

Background:

Staff is submitting an Investment Policy for Town Council’s review and approval.

The investment policy was last approved by the Town Council on February 13, 2024. Per the Policy, and California Government Code Section 53646, the Investment Policy is to be reviewed by the Treasurer and submitted to Town Council for consideration annually.

Changes include the following:

1. The Town may engage the services of external investment advisors to assist in the management of the Town’s investment portfolio in a manner consistent with the Town’s objectives. Such advisors may be granted discretion to purchase and sell investment securities in accordance with the Policy. Such advisors must be registered with the Security and Exchange Commission and possess experience in public funds investment management. All broker/dealers selected by an external advisor must comply with the requirements of California Government code Section 53601.5

2. Timing at which investment reports will be submitted, 30 days following the release of interest returns of the prior quarter.

3. Enabling the Town Manager to invest in preauthorized JPA pools in the absence of the Town Treasurer.

All current reserve investments adhere to this policy and will continue to be monitored closely to ensure ongoing compliance.

Financial Impact:

There is no financial impact associated with review and approval of the Investment Policy. 266
Town of Paradise
140
Investment Policy
Approved by Town Council
December 10, 2024
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Town of Paradise – 140 Investment Policy Page 2
I. TABLE OF CONTENTS………………………………………………………………………………………………..…………………2 II. PURPOSE............................................................................................................................................. 3 III. SCOPE................................................................................................................................................. 3 IV. OBJECTIVES ........................................................................................................................................ 3 A. Safety......................................................................................................................................... 3 B. Liquidity ...................................................................................................................................... 3 C. Yield............................................................................................................................................ 3 D. Maturity ...................................................................................................................................... 4 E. Diversification .............................................................................................................................. 4 F. Prudence .................................................................................................................................... 4 G. Public Trust ................................................................................................................................. 4 H. Non-Discriminatory.................................................................................................................. 4 V. AUTHORITY TO INVEST ................................................................................................................... 4 VI. REPORTING REQUIREMENTS ...................................................................................................... 5 A. Annually .................................................................................................................................... 5 B. Quarterly ................................................................................................................................... 5 VII. INTERNAL CONTROLS........................................................................................................................ 5 VIII. EXTERNAL CONTROLS....................................................................................................................... 6 IX. QUALIFIED DEALERS AND INSTITUTIONS......................................................................................... 6 X. COLLATERAL REQUIREMENTS......................................................................................................... 6 XI. AUTHORIZED INVESTMENTS AND DIVERSIFICATION ................................................................... 6 XII. PROHIBITED I N V E S T M E N T S ..................................................................................................... 8 XIII. SAFEKEEPING AND CUSTODY........................................................................................................... 8 XIV. DELEGATIONOFAUTHORITY........................................................................................................... 8 XV. ETHICS AND CONFLICTS OF INTEREST............................................................................................... 8 268
Town of Paradise – 140 Investment Policy Page 3
II. PURPOSE
This investment policy is intended to provide guidelines for the prudent investment ofthe temporary idle cash of the Town of Paradise and to outline the policies for maximizing the efficiency of the Town's cash management system. The ultimate goal is to enhance the financial status of the Town of Paradise, while protecting its pooled cash.

III. SCOPE
The Town of Paradise cash management system is designed to accurately monitor and forecast revenues and expenditures, thus enabling the Town ofParadise to invest funds to the fullest extent possible. The Town of Paradise will attempt to obtain the highest yield obtainable, as long as investments meet the criteria established for safety and liquidity.

The Town of Paradise operates its pooled cash investments under the ''Prudent Investor" standard pursuant to California Government Code Section 53600.3, and within the specific terms governing investments for municipal governments as setforth inCalifornia Government Code Sections 53600 through 53659.

The Town of Paradise shall strive to maintain the level of investment of all idle funds as near 100% as possible, through projected cash flow determinations. Idle cash management and investment transactions are the responsibility of the Town Treasurer, and the Town of Paradise Investment Committee.

IV. OBJECTIVES
Criteria for selecting investments and the order of priority are:

A. Safety
The safety and risk associated with an investment refers to the potential loss of principal, interest or a combination ofthese amounts. All "allowable investments" are of a very high quality and would be considered extremely safe and conservative.

B. Liquidity
An adequate percentage ofthe portfolio will be maintained inliquid short term securities that canbe converted to cash as necessary to meet disbursement requirements. The liquidity percentage will be determined from time to time from projected cash flow reports.

Investments will be made in securitieswith active secondary and resale markets.

C. Yield
Within the constraints of safety and liquidity, the highest and best return will be sought.

The investment portfolio will be designed to attain a market average rate of return, taking into account the Town's risk constraints, the cash flow characteristics of the portfolio, and state law.
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Town of Paradise – 140 Investment Policy Page 4
D. Maturity
The maturity of each investment shall not exceed a period of five years. Maturities shall be selected to anticipate cash needs, thus avoiding forced liquidations.

E. Diversification
The portfolio will be diversified to avoid incurring unreasonable and unavoidable risks regarding specific security types or individual financial institutions.

F. Prudence
Person(s) authorized to make investment decisions on behalf of local agencies are trustees and therefore, fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling and managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, atrustee is authorized to acquire investments as authorized by law.

G. Public Trust
All participants in the investment process shall act as custodians of the public trust.

Investment officials shall recognize that the investment portfolio is subject to public review and evaluation. The overall program shall be designed and managed with a degree of professionalism that is worthy of the public trust. In a diversified portfolio it must be recognized that occasional measured losses are inevitable and must be considered within the context of the overall investment return.

H. Non-Discriminatory
The Town of Paradise shall not knowingly make or allow investments in any institution, company, corporation, subsidiary or affiliate that practices or supports, directly or indirectly through its actions, discrimination on the basis of race, religion, creed, national or ethnic origin, age, sex, sexual preference or physical disability.

V. AUTHORITY TO INVEST
In accordance with the State of California Government Code section 53607, the Town Council has delegated the authority to invest with the Town Finance Director. The Town may engage the services of external investment advisors to assist in the management of the Town’s investment portfolio in a manner consistent with the Town’s objectives. Such advisors may be granted discretion to purchase and sell investment securities in accordance with the Policy. Such advisors must be registered with the Security and Exchange Commission and possess experience in public funds investment management. All broker/dealers selected by an external advisor must comply with the requirements of California Government code Section 53601.5
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Town of Paradise – 140 Investment Policy Page 5
VI. REPORTING REQUIREMENTS
A. Annually
In accordance with the California Government Code Section 53646, the Town Treasurer will annually submit to the Town Council and the Investment Committee (consisting of the Town Manager, Finance Director/Town Treasurer, and one member of Town Council,) a statement of investment policy which the Town Council shall consider at a public meeting.The policy shall be reviewed on an annual basis by the Treasurer and the Investment Committee. Any investment held at the time this Investment Policy is adopted that does not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation, however, such monies shall be reinvested only as provided by this policy.

B. Quarterly
Pursuant to California Government Code Sections 53607 and 53646, the Town Treasurer shall submit a quarterly report (the "Report") detailing the performance ofthe investment portfolio to the Town Council and the Investment Committee. The Report will be submitted to the Town Council within 30 days following the release of interest returns of the prior quarter. The Report will contain the following:

1. Type ofinvestment

2. Issuer

3. Date of maturity

4. The par value

5. The cost of all funds invested subject to this policy

6. The current market value of securities with the source of the market valuation for all securities held by the Town, and under management of any outside party that is not also a local agency, or the State of California Local Agency Investment Fund (LAIF)

7. Rate ofinterest

8. A statement of compliance with the investment policy

9. Accrued interest

10. Interest earned to date

11. Average weighted book yield

12. Average term to maturity

13. Transactions

14. Percentage distribution of investment types

15. Modified duration

16. Total rate of return
VII. INTERNAL CONTROLS
The Town Treasurer, in cooperation with the Investment Committee, shall develop a system of internal investment control procedures and a segregation of responsibilities of investment functions in order to assure an adequate system of internal control over the investment function. Internal control procedures shall address wire controls, separation 271
Town of Paradise – 140 Investment Policy Page 6
of duties, delivery of securities to a third party for custodial safekeeping, and written procedures for placing investment transactions.

VIII. EXTERNAL CONTROLS
The Town's external auditor will review and verify the Town's investment activity, holdings and compliance with this Investment Policy on an annual basis, and submit a report to the Town Council relating thereto. The external auditor shall maintain errors and omissions insurance coverage.

VIII. QUALIFIED DEALERS AND INSTITUTIONS
The Town shall transact business only with banks, savings and loans, and registered investment securities dealers. The purchase of any investment, other than those purchased directly from the issuer, shall be purchased either from an institution licensed by the State as a broker-dealer, as defined in Corporation Code Section 25004, or from a member of a f ederally regulated securities exchange, from a national or state charted bank, f rom a savings association or federal association (as defined by Financial Code Section 5102), or a brokerage firm designated as a Primary Government Dealer by the Federal Reserve Bank.

The Town Treasurer and the Investment Committee shall investigate all institutions that wish to do business with the Town, in order to determine if they are adequately capitalized, make markets in securities appropriate to the Town's needs, and agree to abide by the conditions set forth in this Investment Policy. All financial institutions and broker-dealers who desire to become qualified bidders for investment transactions must provide a current audited financial statement, sign a statement that they have received a copy of this Investment Policy and will abide by its conditions, and document that they are properly regulated as indicated above.

IX. COLLATERAL REQUIREMENTS
California Government Code, Sections 53652 through 53667 requires depositories to post certain types and levels of collateral for public funds above the Federal Deposit Insurance Corporation ("FDIC") insurance amounts. The collateral requirements apply to bank deposits, both active (checking and savings accounts) and inactive (non-negotiable time certificates of deposit).

Collateral is also required for repurchase agreements. The collateral level shall be valued daily and must be maintained at a level of 102% for the life of the repurchase agreement.

X. AUTHORIZED INVESTMENTS AND DIVERSIFICATION
Securities purchased will be maintained within the statutory r e q u i r e m e n t s imposed by 272
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California Government Code Section 53601. The Government Code currently allows for the following:

Maximum % of
Portfolio
Minimum
Quality
Maximum
Maturity
A. Asset Backed Securities 20% Rated “AA” or
better by
NRSRO
5 Years
B. Bankers Acceptances 40% (30% of
any one bank)
N/A 180 Days
C. Collateralized Bank
Deposits
Unlimited N/A 5 Years
D. Commercial Paper 25% (10% of
single issuer)
Highest ranking
of NRSRO
270 Days
E. Local Agency Investment
Fund
Unlimited Assets exceed
$500 million
5 Years
F. Medium Term Notes 30% Rated “A” or
better by
NRSRO
5 Years
G. Mutual Funds 20% (10% of
any one fund)
Highest rating
by two NRSRO
5 Years
H. Certificates of Deposit 30% N/A 5 Years
I. Repurchase Agreements 20% Primary dealers 1 Year
J. Subranationals: IBRD,

IFC, IADB
30% Rated “AA” or
better by
NRSRO
5 Years
K. Treasury Bills and Notes Unlimited N/A 5 Years
L. US Government, State(s)
and Agency Securities
Unlimited N/A 5 Years
If the California Government Code adopts more restrictive investment restrictions, then those restrictions will have precedence over those listed above.

Funds deposited with a trustee for the purpose of debt reserve or future payment of indebtedness may be invested in accordance with the covenant of the trust agreement.

Investments shall be purchased according to the minimum credit standards listed above. In 273
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the event of a downgrade in credit after the date of purchase, the Town Treasurer shall advise the Investment Committee and willmake a recommendation as to the disposition of the security.

XI. PROHIBITED INVESTMENTS
The following investments are prohibited under this Investment Policy:

A. Investments not specifically stated under "authorized investments".

B. The Town will not invest in inverse floaters, range notes, or mortgage derived, interest-only strips.

C. The Town will not invest in any security that could result in zero interest accrual if held to maturity.

XII. SAFEKEEPING AND CUSTODY
Securities purchased from broker/dealer willbe held in a third-party custodian/safekeeping account except the collateral for time deposits in banks and savings and loans. Collateral for time deposits shall be held in accordance with California law.

XIII. DELEGATIONOFAUTHORITY
The Town Treasurer is authorized to invest the Town’s idle funds in accordance with California Government Code Sections 53600 et seq., 16429.1 and 53684. In the absence of the Town Treasurer the investment of the funds will be delegated to the Town Manager.

Investments made by the Town Manager will be restricted to Joint Power Authority (JPA) Investment Pools authorized under California Government Code Section 53601 previously authorized by Town Council.

XIV. ETHICS AND CONFLICTS OF INTEREST
The Town Treasurer and other officers, officials, and/or employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution of the investment program or which could impair their ability to make impartial investment decisions. The Treasurer, other officers, officials and/or employees involved in the investment process shall disclose to the Town Council any material interest in financial institutions with which they conduct business. They shall further disclose to the Town Council any personal financial/investment positions that could be related to the performance of the investment portfolio and shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of their entity. The Treasurer, other officers, officials, and/or investment employees are required to file annual disclosure statements as required by the Fair Political Practices Commission (“FPPC”). During the course of the year, if there is an event subject to disclosure that could impair impartial decisions, the Town Council will be notified in writing within ten (10) days of the event.
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Town of Paradise
Council Agenda Summary
Date: December 10, 2024
Agenda Item: 2(f)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: HQE Systems Contract Extension for Early Warning Sirens

LONG TERM
RECOVERY PLAN:

Yes
COUNCIL ACTION REQUESTED:

1. Concur with staff’s recommendation to accept 20 of 21 Early Warning Sirens as complete; and,

2. Concur with staff’s recommendation to extend the HQE Systems contract for construction of the Early Warning Sirens to June 20, 2025; and,

3. Approve the attached Fourth Amendment to authorize the Town Manager to execute the contract extension.

Background:

The Town of Paradise has been working in partnership with HQE Systems since July 2022 on the construction of the Town Early Warning Siren System.  The project broke ground in March 2023 and has been testing active towers since June 2023.  There had been delays to the overall construction schedule due to the 2023 extended winter, council directed changes to the aesthetic design of the towers, difficulties faced in ground conditions at tower locations and extended power connection design times in partnership with PG&E.  As of May 2024, 21 of the 21 towers are functional and being tested monthly.  We continue to work with HQE and PG&E in the final step of connecting the final tower to permanent power in order to fully complete the project and turn it over to the town.

In June 2024 the Town Council directed staff to move forward with the installation of an additional in -home component known as the “Safe Network”. The installation of tower components for this system is ongoing and the first of 900 units requested will begin being delivered in January.

Status of Tower Components:

1. Towers - 20 of 21 Towers Complete. Final tower is fully operational on solar power and awaiting power connection with PG&E. (expected in December 2024)

2. Control System – Complete, functional and undergoing final Town customization and training of Dispatch staff.

3. Cameras – Complete, fully functional and undergoing final town customizations.

4. Safe Network – Final component installation is ongoing and we anticipate delivery of the first of units to occur in January 2025.
275
Analysis:

The original services contract from July 5, 2022 had a closure of contract date of June 30, 2023.

That contract was extended in July 2023, December 2023 and in June 2024. 20 of the Towers are complete, have been fully tested and confirmed to conform to technical specifications of the designed system. The final tower has faced extensive delays and multiple plans for power connections in partnership with PG&E and CalTrans. A final solution is in process and is expected to be complete within 30 days.

After extensive testing of the system and following council direction, staff requested a modification to the scope of work to include devices that could be provided to homeowners to increase audibility inside of homes as well as devices for those in the community who are hearing impaired.

FEMA and CalOES recently approved the scope modification, and we are moving forward with implementation.

An extension of the contract to June 30, 2025 will allow for completion of the project, continued testing for best practices and final training for the operation of the sirens to the Town Emergency Services Team well before this next summer. Upon completion of the final PG&E power connection to the towers, the system will be turned over to the Town for operational control through our dispatch center. HQE will then continue to work with town staff to complete the modifications and disburse equipment to town residents. Staff will develop a system to facilitate distribution based on the number of units available and homeowner demand. FEMA and CalOES have authorized 1,000 units and the Town is seeking additional outside grant funding to provide additional units in the future.

Financial Impact:

There is no additional financial impact to the approved project budget. Overall, the project remains on budget.
276

FOURTH AMENDMENT TO AGREEMENT

BETWEEN THE TOWN OF PARADISE AND HQE ENTERPRISES
This Amendment to Agreement is made on December 10, 2024, to the Agreement dated July 5, 2022 by and between the Town of Paradise, a California Municipal Corporation (“Town”) and HQE SYSTEMS (“Contractor”)
RECITALS:

A. The initial period of the agreement was from July 5, 2022 and ending on June 30, 2023 for the construction of the Town of Paradise Early Warning System.

B. In July 2023, Town and Contractor agreed to amend the agreement so that the period of service will be from July 5, 2022 and ending on December 31, 2023.

C. In December 2023, Town and Contractor have agreed to amend the agreement so that the period of service will be from July 5, 2022 and ending on June 30, 2024.

D. In June 2024, Town and Contractor have agreed to amend the agreement so that the period of service will be from July 5, 2022 and ending on December 8, 2024.

E. In December 2024, Town and Contractor have agreed to amend the agreement so that the period of service will be from July 5, 2022 and ending on June 30, 2024.

AGREEMENT NOW, THEREFORE, Town and Contractor agree as follows:

1. The Agreement shall be amended as follows:

2. Town and Contractor have agreed to amend the Agreement so that the period of service will be from July 5, 2022 and ending on June 30 2025.

3. All other provisions of the agreement shall remain in full force and effect.

4. If there is a conflict between this second Amendment and the agreement, this second Amendment shall be controlling.

TOWN OF PARADISE HQE SYSTEMS
By: __________________________ By:

Jim Goodwin, Town Manager
Date: Date:

REVIEWED FOR CONTRACT POLICY COMPLIANCE: REVIEWED AS TO FORM:

By: ____________________________ By:

Scott E. Huber, Town Attorney
ATTEST:

BY: _____________________________
Melanie Elvis, Town Clerk
277

Town of Paradise
Council Agenda Summary
Date: December 10, 2024
Agenda Item: 2(g)
ORIGINATED BY: Patrick Purvis, Fire Chief
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Acceptance of CAL FIRE Volunteer Fire Capacity Grant

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Authorize the Town Manager to execute an agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for acceptance of the USDA 2024 Volunteer Fire Capacity Grant award to purchase new structural and wildland personal protective equipment (PPE).

Background:

In May of 2024, Paradise Fire Department applied for a USDA Volunteer Fire Capacity Grant (VFCG) to purchase new structural and wildland personal protective equipment (PPE). The VFCG cost-share funds are awarded to provide assistance to rural areas in upgrading their capability to organize, train, and equip local forces for fire protection.

The life expectancy of PPE is approximately 10 years and some of the current PPE needs to be replaced.

Analysis:

CAL FIRE has awarded $10,000.00 through the USDA VFCG to the Paradise Fire Department.

This will allow the fire department to purchase an additional $10,000.00 of new PPE utilizing the grant funds.

Financial Impact:

If approved the 50% match for the VFCG would be a maximum of $10,000.00. The Town already has allocated $10,000.00 in the 2024/2025 budget for replacement of fire department PPE. The budgeted amount will cover the 50% match and there will be no financial impacts to the Town of Paradise.
278

BEFORE THE TOWN COUNCIL OF THE

TOWN OF PARADISE

COUNTY OF BUTTE, STATE OF CALIFORNIA
IN THE MATTER OF: Resolution Number: 2024-
Approving the Department of Forestry and Fire Protection Agreement #7GF24075 for services from the date of last signatory on page 1 of the Agreement to June 30, 2025 under the Volunteer Fire Capacity Program of the Cooperative Forestry Assistance Act of 1978.

BE IT RESOLVED by the Town Council of the Town of Paradise, that said Council does hereby approve the Agreement with the California Department of Forestry and Fire Protection dated as of the last signatory date on page 1 of the Agreement, and any amendments thereto. This Agreement provides for an award, during the term of this Agreement, under the Volunteer Fire Capacity Program of the Cooperative Fire Assistance Act of 1978 during the State Fiscal Year 2024-25 up to and no more than the amount of $10,000.

BE IT FURTHER RESOLVED that James Goodwin, Town Manager appointed by said Town Council of the Town of Paradise of said Council be and hereby is authorized to sign and execute said Agreement and any amendments on behalf of the Town of Paradise.

The foregoing resolution was duly passed and adopted by the Town Council of the Town of Paradise at a regular meeting thereof, held on the 10th day of December 2024, by the following vote:

AYES: _______________________________
Signature, Town Council Mayor
NAYS:
______________________________
ABSENT: Printed Name and Title
_______________________________
Signature, Town Manager
_______________________________
Printed Name and Title
------CERTIFICATION OF RESOLUTION------
ATTEST:

I _______________________________, Clerk of the ,
County of California do hereby certify that this is a true and correct copy of the original Resolution Number .

WITNESS MY HAND OR THE SEAL OF THE , on
this day of , .

OFFICIAL SEAL

OR NOTARY CERTIFICATON
Signature
Title and Name of Local Agency
279
AD-1048 OMB No. 0505-0027
Expiration Date: 09/30/2025
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 CFR §§ 180.300, 180.335, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction.

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal or civil fraud, privacy, and other statutes may be applicable to the information provided. (Read instructions on page two before completing certification.) A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME

NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S)

SIGNATURE DATE
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: [email protected].

USDA is an equal opportunity provider, employer, and lender.

Town of Paradise Volunteer Fire Capacity 7GF24075
James Goodwin, Town Manager
280

Instructions for Certification
(1) By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in accordance with these instructions.
(2) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. (3) The prospective lower tier participant must provide immediate written notice to the person(s) to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(4) The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person, ""primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 CFR Parts 180 and 417. You may contact the Department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
(5) The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it may not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency with which this transaction originated.
(6) The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (7) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the General Services Administration’s System for Award Management Exclusions database.
(8) Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (9) Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 281 Form AD-1048 (REV 12/22)
1 State of California
Department of Forestry and Fire Protection (CAL FIRE)
Cooperative Fire Protection

GRANT AGREEMENT
APPLICANT:

PROJECT TITLE: Volunteer Fire Capacity
GRANT AGREEMENT: 7GF24075
PROJECT PERFORMANCE PERIOD is from date upon approval through June 30, 2025.

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

PROJECT DESCRIPTION: Cost-share funds awarded to provide assistance to rural areas in upgrading their capability to organize, train, and equip local forces for fire protection.

Total State Grant not to exceed $ $10,000.00 (or project costs, whichever is less). *The Special and General Provisions attached are made a part of and incorporated into this Grant Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF FORESTRY

AND FIRE PROTECTION
Applicant
By By
Signature of Authorized Representative
Title

Title: David Scheurich
Staff Chief, Cooperative Fire Programs
Date Date

CERTIFICATION OF FUNDING

GRANT AGREEMENT NUMBER PO ID SUPPLIER ID

FUND FUND NAME
0001 General Fund

PROJECT ID
354024DG2012161

ACTIVITY ID
SUBGNT

AMOUNT OF ESTIMATE FUNDING
$ $10,000.00

GL UNIT
3540

BUD REF CHAPTER
001 35
ADJ. INCREASING ENCUMBRANCE
$ 0.00
PROGRAM NUMBER ENY ADJ. DECREASING ENCUMBRANCE
9999000FED 2024 $ 0.00

ACCOUNT
5340580

ALT ACCOUNT
5340580002

UNENCUMBERED BALANCE
$ $10,000.00

REPORTING STRUCTURE
35409206

SERVICE LOCATION
92767
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

Signature of CAL FIRE Accounting Officer Date
Town of Paradise
James Goodwin, Town Manager
282
7GF24075
2 VOLUNTEER FIRE CAPACITY PROGRAM

TERMS AND CONDITIONS

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

STATE OF CALIFORNIA
Natural Resources Agency
Agreement for the Volunteer Fire Capacity Program of the Cooperative Forestry Assistance Act of 1978
THIS AGREEMENT, made and entered between the STATE of California, acting through the Director of the Department of Forestry and Fire Protection hereinafter called “STATE”, and ____________________________________________________________hereinafter called “LOCAL AGENCY”, covenants as follows:

RECITALS:

1. STATE has been approved as a passthrough agent of the United States Department of Agriculture, (USDA), Forest Service for the purpose of administering the Volunteer Fire Capacity program in California, hereinafter referred to as VFC, authorized by the Cooperative Forestry Assistance Act (CFAA) of 1978 (PL 95-313, 92 Stat 365, 16 U.S.C. 2106), as amended.

2. This is a subaward under the 2024 Volunteer Fire Capacity Grant #24-DG-11052012-161 awarded to STATE by the Forest Service on August 23, 2024. The Federal Assistance Listing for the award is 10.698, Cooperative Forestry Program. This subaward is funded solely with Federal funds and is subject to the Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400, and under certain terms and conditions to LOCAL AGENCY to assist LOCAL AGENCY to upgrade its fire protection capability.

3. LOCAL AGENCY desires to participate in said VFC and agrees to the terms and conditions specified in the Procedural Guide for Volunteer Fire Capacity Program 2024.

NOW THEREFORE, it is mutually agreed between the parties as follows:

4. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. LOCAL AGENCY may not commence performance until such approval has been obtained.

5. INCORPORATION: The Procedural Guide for Volunteer Fire Capacity Program 2024, submitted Application for Funding and associated Grant Assurances are hereby incorporated by reference as part of the Grant Agreement.

6. TIMELINESS: Time is of the essence in this Agreement.

7. FORFEITURE OF AWARD: LOCAL AGENCY must return this Agreement and required resolution properly signed and executed to STATE at the email address specified in paragraph 12, with a timestamp no later than December 1, 2024 or LOCAL AGENCY will forfeit the funds.

Town of Paradise
283
7GF24075
3 8. GRANT AND BUDGET CONTIGENCY CLAUSE: It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

This Agreement is valid and enforceable only if sufficient funds are made available to the STATE by the United States Government for the State Fiscal Year 2024 for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this Agreement in any manner.

The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

The STATE has the option to invalidate the Agreement under the 30-day cancellation clause or to amend the Agreement to reflect any reduction in funds.

9. REIMBURSEMENT: STATE will reimburse LOCAL AGENCY, from funds made available to STATE by the Federal Government, an amount not to exceed $10,000.00 on a 50/50 matching funds basis, for the performance of specific projects and/or purchase of specific items identified in Proposed Project, Application for Funding, attached hereto.

Reimbursement will be only for those projects accomplished and/or items purchased between THE LAST SIGNATORY DATE ON PAGE 1 and JUNE 30, 2025. This sum is the sole and maximum payment that STATE will make pursuant to this Agreement.

LOCAL AGENCY must bill STATE at the e-mail address specified in paragraph 12, with a timestamp no later than September 1, 2025 in order to receive the funds. The bill submitted by LOCAL AGENCY must clearly delineate the projects performed and/or items purchased. A vendor’s invoice and proof of payment to vendor(s) must be included for items purchased.

10. LIMITATIONS: Expenditure of the funds distributed by STATE herein is subject to the same limitations as placed by the VFC, upon expenditure of United States Government Funds. Pursuant to 2CFR200.313 Equipment, subject to the obligations and conditions set forth in that section; title to any equipment and supplies acquired under this Agreement vests with the LOCAL AGENCY. For any equipment items over $5,000, the federal government may retain a vested interested in accordance with paragraph 17 below.

11. MATCHING FUNDS: Any and all funds paid to LOCAL AGENCY under the terms of this Agreement, hereinafter referred to as “VFC Funds”, shall be matched by LOCAL AGENCY on a dollar-for-dollar basis, for each project listed on attachment(s) hereto identified as “Proposed Project”. No amount of unpaid “contributed” or “volunteer” labor or services shall be used or consigned in calculating the matching amount “actually spent” by LOCAL AGENCY.

LOCAL AGENCY shall not use VFC Funds as matching funds for other federal grants, including Department of Interior (USDI) Rural Fire Assistance grants, nor use funds from other federal grants, including USDI Rural Fire Assistance grants, as matching funds for VFC Funds.
284
7GF24075
4 12. ADDRESSES: The mailing addresses of the parties hereto under the terms of the Agreement are:

LOCAL AGENCY:

Attention:

Telephone Number(s):

E-mail
STATE: Department of Forestry and Fire Protection
Grants Management Unit, Attn: VFC
P. O. Box 944246
Sacramento, California 94244-2460
E-MAIL: [email protected]

13. PURPOSE: Any project to be funded hereunder must be intended to specifically assist LOCAL AGENCY to organize, train, and/or equip local firefighting forces in the aforementioned rural area and community to prevent or suppress fires which threaten life, resources, and/or improvements within the area of operation of LOCAL AGENCY. Project funds are not to be used for research and development.

14. COMBINING: In the event funds are paid for two or more separate, but closely related projects, the 50/50 cost-sharing formula will be applied to the total cost of such combined projects.

15. OVERRUNS: In the event that the total cost of a funded project exceeds the estimate of costs upon which this Agreement is made, LOCAL AGENCY may request additional funds to cover the Agreement share of the amount exceeded. However, there is no assurance that any such funds are, or may be, available for reimbursement. Any increase in funding will require an amendment.

16. UNDERRUNS: In the event that the total cost of a funded project is less than the estimate of costs upon which this Agreement is made, LOCAL AGENCY may request that additional eligible projects/items be approved by STATE for Agreement funding.

However, there is no assurance that any such approval will be funded. Approval of additional projects/items, not listed on the Proposed Project application, made by STATE, will be in writing and will require an amendment.

17. FEDERAL INTEREST IN EQUIPMENT: The Federal Government has a vested interest in any item purchased with VFC funding in excess of $5,000 regardless of the length of this Agreement, until such time as the fair market value is less than $5,000. The VFC percentage used to purchase the equipment will be applied to the sale price and recovered for the Government during the sale. This percentage will remain the same even following depreciation. The Federal Government may not have to be reimbursed if the disposal sale amounts to a fair market value of less than $5,000. LOCAL AGENCY will notify STATE of the disposal of such items.

Town of Paradise
Mailing - Town Hall: 5555 Skyway, Paradise, CA 95969
Physical - Fire STation 81: 767 Birch Street, Paradise, CA 95969 Patrick Purvis
530-872-6264
[email protected]
285
7GF24075
5 18. EQUIPMENT INVENTORY: Any single item purchased in excess of $5,000 will be assigned an VFC Property Number by the STATE. LOCAL AGENCY shall forward a copy of the purchase documents listing the item, brand, model, serial number, any LOCAL AGENCY property number assigned, and a LOCAL AGENCY contact and return address to STATE at the address specified in paragraph 12. The STATE will advise the LOCAL AGENCY Contact of the VFC Property Number assigned.

19. AUDIT: LOCAL AGENCY agrees that the STATE, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. LOCAL AGENCY agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated. LOCAL AGENCY agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, LOCAL AGENCY agrees to include a similar right of the State of California to audit records and interview staff in any subcontract related to performance of this Agreement. (GC 8546.7, PCC 10115 et seq., CCR Title 2, Section 1896).

20. DISPUTES: In the event of any dispute over qualifying matching expenditures of LOCAL AGENCY or audit findings, the dispute will be decided by STATE and its decision shall be final and binding.

21. MONITORING: LOCAL AGENCY agrees to the monitoring of activities as necessary by STATE to ensure that the award is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the agreement; and that performance goals are achieved.

22. INDEMNIFICATION: LOCAL AGENCY agrees to indemnify, defend, and save harmless, the STATE, its officers, agents, and employees, from any and all claims and losses, accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by LOCAL AGENCY in the performance of this Agreement.

23. CIVIL RIGHTS: LOCAL AGENCY agrees to comply with civil rights requirements as detailed in the Complying With Civil Rights Requirements brochure (FS-850) and the And Justice For All poster (AD-475A). The poster is to be placed at all public point of contact/reception areas.

24. DRUG-FREE WORKPLACE REQUIREMENTS: LOCAL AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
286
7GF24075
6 1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drugfree workplace; 3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and LOCAL AGENCY may be ineligible for funding of any future State Agreement if the department determines that any of the following has occurred: (1) the LOCAL AGENCY has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)

25. TERM: The term of the Agreement SHALL COMMENCE ON THE LAST SIGNATORY DATE ON PAGE 1 and continue through June 30, 2025.

26. TERMINATION: This Agreement may be terminated by either party giving 30 days written notice to the other party or provisions herein amended upon mutual consent of the parties hereto.

27. AMENDMENTS: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

28. INDEPENDENT CONTRACTOR: LOCAL AGENCY, and the agents and employees of LOCAL AGENCY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE or the Federal Government.

29. INDIRECT RATE: LOCAL AGENCY may not assess an indirect rate in excess of their Federally approved Negotiated Indirect Cost Rate Agreement (NICRA), a de minimis rate if LOCAL AGENCY does not have an approved NICRA, or the VFC program cap rate of 10%, whichever is lesser. LOCAL AGENCY may also elect not to assess an indirect rate.

The approved indirect cost rate at the time of execution is 0%. .
287
7GF24075
7 30. MEDIA: LOCAL AGENCY shall acknowledge STATE and USDA Forest Service support in any publications, audiovisuals and electronic media developed as a result of this award.

It is encouraged to give public notice of the receipt of this award and announce progress and accomplishments, acknowledging STATE and USDA Forest Service support. Follow direction in USDA Supplemental 2 CFR 415.2.

31. ASSIGNMENT: This Agreement is not assignable by LOCAL AGENCY either in whole or in part.
288
1 Town of Paradise
Council Agenda Summary
Date: December 10, 2024
Agenda Item: 5(a)
ORIGINATED BY: Sarah Richter, Housing Technician
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Proposed Substantial Amendment to the Community Development Block Grant (CDBG) 2019-2020 Annual Plan
to Reallocate Funds for COVID Response

LONG TERM
RECOVERY PLAN:

No.

COUNCIL ACTION REQUESTED:

1. Conduct the noticed public hearing to solicit public comment on the proposed Substantial Amendment to the CDBG Annual Plan 2019-2020 for reallocation of $200,000 from an emergency rental assistance activity to Public Services to prepare, prevent, and respond to COVID; and,

2. Approve the proposed Substantial Amendment to the CDBG 2019-2020 Annual Plan and allocate $200,000 from emergency rental assistance activity to Public Services to prepare, prevent and respond to COVID; or,

3. Consider other direction to staff regarding the proposed substantial amendment. (ROLL CALL VOTE)
Background:

The Town of Paradise is a recipient of federal Community Development Block Grant funds. An annual plan and budget are approved each year by the Town Council. According to federal regulations and the Town of Paradise Citizen Participation Plan, any changes to the adopted CDBG budget that amounts to more than 25% of the annual allocation, and/or a cancellation or addition of a new project/activity, requires a public notification, a public hearing, and Town Council approval. Public comments will be attached to the amendment and submitted to Housing and Urban Development (HUD) for acceptance. A substantial amendment to the 2019-2020 Annual Plan added a special allocation of CDBG funds for COVID relief efforts. CDBG-CV funds were allocated to an emergency rental assistance program starting in the summer of 2023.

Analysis:

CDBG-CV Funds allocated to emergency rental assistance activities have been undersubscribed.

In the Consolidated Plan, the Town identifies priority needs which include services to low-tomoderate income individuals and those with special needs. CDBG funds must also benefit lowincome Paradise residents, and Paradise as a whole does not qualify as a low-income area, which means the Town can either fund projects where the income of each participating household can be verified, or fund projects designed to benefit a limited population that is presumed to be lowincome. For this reason, CDBG-CV funds will be used for public services designed for seniors and disabled Paradise residents. Staff recommends the reallocation of funds to two subrecipients 289
2 that are currently providing services to meet these needs: Chico Meals on Wheels and the Paradise Parks and Recreation Department (PRPD) Neighbor-to-Neighbor Program.

The further we move from pandemic related mandates, the more difficult it becomes to spend these grant funds. However, CDBG-CV funds are different than regular CDBG funds in that they can reimburse costs incurred prior to a grant agreement. Reimbursing Chico Meals on Wheels for their unfunded costs would assist the organization in regaining financial stability so it can continue to provide meals to residents most vulnerable to COVID. This funding is not a duplication of any other funding received in response to COVID.

The PRPD received a Neighbor-to-Neighbor grant from the State of California and has developed and is providing a successful Neighbor-to-Neighbor Program for our community. The program is designed to build more connected, supportive, and resilient neighborhoods. The additional funding will allow the Parks District to increase their offerings and outreach with the express purpose of improving the emotional wellness of vulnerable Paradise residents through new and expanded social connections.

The Substantial Amendment is included with this agenda item and discusses in detail the community benefits of reallocating these funds to Public Services.

Financial Impact:

This agenda item will reallocate $200,000 of CDBG-CV funding to public service activities. Up to 20% of the grant can be used to reimburse administrative costs. There is no impact to the general fund.
290
Town of Paradise
Community Development Department
Business & Housing
5555 Skyway
Paradise, CA 95969
(530) 872-6291
Working together to rebuild a thriving community.

Public Review Draft
Town of Paradise
Substantial Amendment to the 2019-2020 Annual Plan
Jurisdiction:

Town of Paradise
www.townofparadise.com
CDBG Contact Person and Address:

Sarah Richter
5555 Skyway
Paradise, CA 95969
Phone: (530) 872-6291 x 122
Fax: (530) 877-5059
Email: [email protected]
According to federal regulations and the Town of Paradise Citizen Participation Plan, any changes to an adopted CDBG budget that amounts to more than 25% of the annual allocation, and/or a cancellation or addition of a new project/activity, requires: (a) public notification for solicitation or comments, (b) a public hearing, and (c) Town Council approval. All public comments submitted to staff will be attached to the amendment submitted to HUD for acceptance.

The following amendment to the 2019-2020 Annual Plan is proposed for Council consideration:

1. Reallocate $200,000 from an emergency rental assistance activity to Public Services to prepare, prevent, and respond to COVID. CDBG-CV funds are currently allocated to an emergency rental assistance activity, but this program has been undersubscribed. In the Consolidated Plan, the Town identified priority needs, which included improvement of the community’s well-being by participating with residents and local stakeholders in community building efforts and created a goal to provide public services for lowto-moderate-income individuals and those with special needs. To support this goal, staff recommends the reallocation of funds to public services that can be carried out by subrecipients that directly benefit Paradise residents meeting the definition of limited clientele.

Activities planned to meet this public service goal are reimbursement of net unfunded costs for meal deliveries to disabled and senior residents to support their continued ability to serve Paradise, and funding to the Paradise Recreation and Parks District to expand the Neighborto-Neighbor program to create activities specifically to benefit the emotional wellness of senior and disabled residents.

Chico Meals on Wheels, which took over for Paradise Meals on Wheels after the Camp Fire, has identified just under $77,000 in net unfunded costs incurred between March of 2020 and the beginning of 2024. Meal deliveries made to disabled and senior residents doubled between June and December of 2020, and have not subsided to 2020 levels since. They delivered 9,962 meals to disabled and senior residents of Paradise during this time. Reimbursing Chico Meals on Wheels for their unfunded costs assists this organization regain financial stability so they can 291
Town of Paradise
Community Development Department
Business & Housing
5555 Skyway
Paradise, CA 95969
(530) 872-6291
Working together to rebuild a thriving community.
continue to provide meals to the residents most vulnerable to COVID. This funding is not a duplication of any other funding received in response to COVID.

Paradise Recreation and Parks District received a Neighbor-to-Neighbor grant from the state of California. The Neighbor-to-Neighbor program was created to build more connected, supportive, and resilient neighborhoods. This funding will allow the Parks District to increase their offerings and outreach with the express purpose of improving the emotional wellness of vulnerable Paradise residents through new and expanded social connections. Improving emotional wellness prepares and prevents COVID infections by increasing immune resistance and resilience, fosters development of peer-to-peer support networks, and reduces the anxiety and depression of isolation. It is understood now, that COVID is a disease that changes frequently. We can’t predict future variations, the severity, or symptoms of COVID, but we can increase the general well-being of our residents. Per the Surgeon General, “…Loneliness is far more than just a bad feeling—it harms both individual and societal health. It is associated with a greater risk of cardiovascular disease, dementia, stroke, depression, anxiety, and premature death. The mortality impact of being socially disconnected is similar to that caused by smoking up to 15 cigarettes a day, and even greater than that associated with obesity and physical inactivity… People who are less socially connected may have increased susceptibility and weaker immune responses when they are exposed to infectious diseases… several reports have found that lower community social connection is linked to poorer health outcomes. This was made clear when examining the spread of the COVID-19 virus. One study in the United States compared changes in the county-level spread of COVID-19 against several measures of social capital. These included family structure and involvement, trust in community institutions, popularity of volunteerism, levels of participation in political discussions and voting efforts, and cohesion among community members. After controlling for potential alternative explanatory factors, the researchers found that lower levels of social capital were associated with a higher number of cases and deaths from COVID-19 infection. Further, counties with strong social ties experienced fewer deaths during the COVID-19 pandemic.” (Our Epidemic of Loneliness and Isolation: The US Surgeon General’s Advisory on the Healing Effects of Social Connection and Community (2023) by Dr. Vivek H. Murthy)
CDBG Annual Plan Amendment
Project Name CDBG-CV Public Services
Target Area Townwide
Goals Supported Provide public services for low-to-moderate-income individuals and those with special needs
Needs Addressed Improvement of the community’s well-being by participating with residents and local stakeholders in community building efforts
Funding CDBG-CV: $200,000
Description Public services to prepare for, prevent, and respond to COVID
292
Town of Paradise
Community Development Department
Business & Housing
5555 Skyway
Paradise, CA 95969
(530) 872-6291
Working together to rebuild a thriving community.

Target Date 12/31/2025
Estimated
number and type
of families that
will benefit from
proposed
activities
500 senior or disabled residents
Location
Description
Townwide
Planned Activities Reimbursement for unfunded costs of meal deliveries (approx. $77,000); Classes, events, group activities to improve emotional wellness of senior and disabled residents (approx. $100,000); program administration, reporting, and monitoring (approx. $23,000)
293

Town of Paradise
Council Agenda Summary
Date: December 10, 2024
Agenda Item: 6(a)
ORIGINATED BY: Melanie Elvis, Town Clerk/Elections Official REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Council representation on local and county committees and commissions.

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Consider appointing Council representatives and alternates to represent the Town of Paradise on various local and regional boards, committees and commissions.

Background:

Each year in December, the Town Council appoints members to represent the Town of Paradise on local and regional boards, committees and commissions. These appointments vary in meeting requirements and responsibilities. Usually, members agree to share the responsibilities to ensure coverage for the Town, but consideration will also be given to individual preferences.

In considering appointments, please note that four committees require Mayor representation: The Butte County City Selection Committee, the Butte County Disaster Council, Town’s Finance & Investment (Budget) Committee and the Legislative Committee. (The Legislative Ad Hoc Committee was formed in December 2022.) If the Mayor is unable to attend a City Selection Committee meeting, a letter of authorization from the mayor is required for an alternate to attend on the mayor’s behalf. The alternate must be a seated council member.

The Butte County Air Quality Management District (BCAQMD) and Butte County Association of Governments (BCAG) boards meet on the same day and in the same location. For this reason, it is recommended that the same Council Member serve on the BCAQMD and BCAG. The Joint Powers Agreement for the Butte County Air Quality Management District (BCAQMD) states that city appointments are for a four-year term unless the term of office for the representative expires.

At the November 10, 2009, Regular meeting, Council concurred that the Council Member appointed to serve as alternate to the Butte County Association of Governments (BCAG) would automatically serve as the alternate to the Butte County Air Quality Management District (BCAQMD).

The following is a list and description of the committees and commissions, meeting dates and times, and locations.
294
Analysis:

Butte County Committees/Commissions

1. Butte County Air Quality Management District Governing Board - One elected representative
Meets the 4
th Thursday after Butte County Association of Governments Comprised of five Butte County Supervisors plus one elected representative from each of the County’s five cities.

The Butte County Air Quality Management District board establishes policies & approves new rules to protect people & environment from the effects of air pollution.

2. Butte County Association of Governments - One elected representative Meets the 4
th Thursday of each month at 9:00 a.m., except for the month of November, on Zoom. Comprised of five Butte County Supervisors plus one elected representative from each of the County’s five cities
The Butte County Association of Governments board is responsible for development of federal and state transportation plans and programs that secure transportation funding for the region's highways, transit, streets/roads, and, pedestrian and other transportation system improvements.

3. Butte County City Selection Committee - Mayor must be representative Meets twice a year upon notification.

The City Selection Committee is comprised of the mayors from the five incorporated cities and selects two city representatives to serve on the Local Area Formation Commission (*LAFCo).

4. Butte County Disaster Council - Mayor must be representative.

Meets at least once a year in Oroville.

The purpose of the Disaster Council is to provide for the preparation and execution of plans for the protection of persons, the environment, and property within the County of Butte in the event of an emergency.

5. Butte County Local Area Formation Commission (LAFCo) – Mayor at time of appointment. (4-Year Term)
Meets the 1
st Thursday of each month at 9:00 am in Oroville; Appointments to LAFCo made by City Selection Committee.

LAFCo is a State mandated local agency composed of seven regular Commissioners: two members from the Butte County Board of Supervisors (selected by the entire Board); two members from the city councils (selected by the mayors of all five incorporated cities); two members who represent special districts (selected by 295
a majority vote of independent special districts); and one public member (selected by the other six LAFCo members).

The LAFCo board oversees boundary changes to cities and special districts, the formation of new agencies including incorporation of new cities, and consolidation of existing agencies.

6. Butte County Mosquito and Vector Control Board (BCMVCD) – One Representative
One representative, for a four-year term, meets regularly on the second Wednesday of each month at 4:00 pm.

The purpose of the eleven (11) trustee board is to set policy for the 1600 square mile district concerning Mosquito and Vector control. The mission of BCMVCD is to reduce mosquito-transmitted disease and other vector associated diseases through environmentally compatible control practices and public education.

7. Butte County Integrated Waste Management Local Task Force - One representative and one alternate.

Meets as needed in Oroville.

The Local Task Force is a mandated committee formed by the Board of Supervisors; develops goals, policies & procedures which are consistent with guidelines & regulations adopted by the CA Integrated Waste Management Act relating to coordinated & cost-effective regional waste management issues/solutions.

8. City/County Ad Hoc Committee - Two Council representatives The City/County Ad Hoc Committee was formed to discuss issues/topics of common concern associated with the Paradise Ridge Area: comprised of two members of the Town Council; two members of the Board of Supervisors and various staff. Committee meets upon notification.

9. Tourism Business Improvement District (TBID-Explore Butte County) – Meets every other month, on the second Thursday, at the Residence Inn by Marriott from 12:00 – 2:00 p.m.

The Butte County Tourism Business Improvement District (BCTBID) is an assessment district that provides specific benefits to payors, by funding marketing and sales promotion efforts for assessed businesses. The Butte County Tourism Business Improvement District was formed in November 2015 and includes the communities of Chico, Oroville, Paradise, Biggs, and the unincorporated area of Butte County. The annual assessment rate is two percent (2%) of gross short-term room rental revenue.

Utilizing assessment funds collected, Explore Butte County intends to strategically market the region with the goal of increasing overnight stays. This is only an advisory position, and an appointment is at the discretion of the Town Council.

10. Butte Continuum of Care Council - One Council representative (must be an elected official)
296
Meets monthly on the third Monday from 1:00 p.m. - 3:00 p.m. Locations alternate between Oroville and Chico. Oroville DESS Andes Room, 78 Table Mountain Blvd.

Oroville. Chico DESS Condor Room, 765 East Ave. Suite 200, Chico (North Valley Plaza)
The Butte Countywide Homeless Continuum of Care (CoC) is a multi-agency planning body with the common goal of ending homelessness. This goal will be accomplished by assisting individuals and families experiencing homelessness receive rapid, adaptive, quality services which lead to the long-term stability of permanent housing and self-sufficiency.

11. Butte County Fire Safe Council
Meets first Wednesday of the month at Paradise Town Hall from 9:00 a.m. – 11:00 a.m.

Butte County Fire Safe Council provides wildland fire mitigation and recovery services to the communities of Butte County. Their mission is to provide safety in Butte County through wildfire hazard education, mitigation and wildlife recovery.

Local Committees

1. Paradise Community Village – One Council representative Meets at Paradise Community village upon notification.

Paradise Community Village (PCV), (formerly known as the Paradise Youth Sports and Family Center) is a local non-profit corporation formed to oversee the development of the Paradise Community Village project, a mixed-use development consisting of affordable and single-family housing, parks/recreation, open space & community facilities. Board is comprised of the following members: Town of Paradise (one Council and one staff representative); Youth for Change; Paradise Youth Soccer Club; and, the Community Housing Improvement Program (CHIP).

2. Paradise Irrigation District (PID) Liaison – Two Council representatives Meets in Paradise upon notification to discuss issues of common concern.

PID is an Independent Special District governed by a five-member elected board of directors; Formed in 1916 under the laws of the State Water Code to deliver water to municipal residential and commercial customers.

3. Paradise Recreation & Park District (PRPD) Liaison – Two Council Representatives
Meets in Paradise upon notification to discuss issues of common concern.

PRPD is an Independent Special District governed by a five-member elected board of directors; Formed in 1948 to provide recreation and park services within the district.

4. Paradise Solid Waste Committee –Two Council representatives Committee meets upon notification.
297
The Paradise Solid Waste Committee discusses solid waste, recyclable materials, and yard waste programs with staff and representative from Northern Recycling and Waste Services, the company franchised by the Town to provide of solid waste collection and disposal services which includes recycling, source reduction, household hazardous waste and vegetative waste disposal services; two council representatives, Town staff.

5. Onsite Ad Hoc Committee – Two Council representatives The Onsite Ad Hoc Committee meets as needed to keep Council representatives informed of issues & long-term effects of proposed changes to the Manual for Onsite Treatment of Wastewater (Onsite Manual); formed by Minute Order on September 3, 2008. The Onsite Manual may be viewed at the Town’s website at the following address: https://www.townofparadise.com/septic/page/onsite-wastewater-manual

6. Finance & Investment Committee – Mayor, Vice Mayor, Town Manager, Finance Director/Town Treasurer.

The Finance & Investment Commission was established by Paradise Municipal Code Section 2.16.030 for the purpose of providing oversight of the Town’s financial, public financing & investment activities.

7. Butte County Oversight Board – Members of the Countywide Oversight Board are made up pursuant to Health and Safety Code Section 34179 (j) with Appointing Authority from different agencies.

Annual meetings are held on the 3rd Wednesday of each January at 2:00 p.m. in the Butte County Board of Supervisors Chambers located at 25 County Center Dr. Ste. 205, Oroville, CA 95965. The Countywide Oversight Board has fiduciary responsibility to holders of enforceable obligations and the taxing entities that benefit from distributions of property tax and other revenues.

8. Paradise Sewer Regionalization Project Advisory Committee - Two Town Council representatives
The committee meets on an as-needed basis in alternating locations between the Town of Paradise and the City of Chico.

The Committee serves to: (1) Monitor progress of the Paradise Sewer Project, includingthe Project’s Environmental Impact Report (EIR), and efforts being done under the Town and City’s Cooperative Work Agreement, (2) Develop the Principles of Agreement for an inter-municipal agreement between the Town and City, and make a recommendation on those Principles to the two Councils if applicable, and (3) Guide public participation in the EIR process which will happen separately but in parallel with the Committee’s work.

9. Legislative Ad Hoc Committee – Mayor, Vice Mayor (or their designee), Town Manager
The purpose of a Legislative Committee is to track state and federal legislation and administrative regulation that have an impact on the Town. The Committee is tasked with representing the Town before legislative and regulatory bodies to work with elected and appointed officials to make recommendations on legislative advocacy issues that benefit the Town and its residents. Committee members regularly report to 298
the Council regarding state and federal legislation that may impact the Town and seek direction from the Town Council as to what position they should take when interacting with elected and appointed officials.

10. Healthcare Ad Hoc Committee – Two Council Members, Town Manager The Healthcare Committee was established to return Emergency Services and other Health Care facilities to Paradise. The Committee is made-up of two Council Members, the Town Manager and other health care service professionals/experts to return emergency services and other health care facilities to Paradise. The committee reports to and receives direction from the Council.

Financial Impact:

None.

Attachments:

Attached is a list of the 2024 representations, along with a blank chart for the 2025 assignments. 299
2024 Representation
2024 TOWN COUNCIL

REPRESENTATION

BUTTE COUNTY

COMMITTEES/COMMISSIONS
BUTTE COUNTY Bolin Crowder Culleton Lassonde Tryon

1. Air Quality Management District R R

2. Association of Governments A R

3. City Selection Committee (Mayor) R

4. Disaster Council (Mayor) R

5. Local Area Formation Commission
(LAFCo) (Bolin was appointed
through 5/2027 – Appointed by City
Selection Committee) R

6. Mosquito and Vector Control Board
(Schuster was appointed through
1/2027 – Rep to serve a 4-year term) Melissa Schuster

7. Waste Mgt Local Task Force R R

8. City/County Ad Hoc Committee R

9. Tourism Business Improvement
District (TBID) Colette Curtis R

10. Continuum of Care R A

11. Butte County Fire Safe Council R

LOCAL COMMITTEES/COMMISSIONS
PARADISE Bolin Crowder Culleton Lassonde Tryon

1. Paradise Community Village R A

2. Paradise Irrigation District Liaison R R

3. Paradise Rec. & Park District Liaison R R

4. Paradise Solid Waste Committee R R

5. Onsite Ad Hoc Committee R R

6. Finance Committee
(Mayor & Vice Mayor) R R

7. Butte County Oversight Board R

8. Paradise Sewer Regionalization
Project Advisory Committee R R

9. Legislative Ad Hoc Committee
(Mayor & Vice Mayor) R R

10. Healthcare Ad Hoc Committee R R
300
2024 Representation
R- Representative
A- Alternate
V-Vacant
301
2025 Representation
2025 TOWN COUNCIL

REPRESENTATION

BUTTE COUNTY

COMMITTEES/COMMISSIONS
BUTTE COUNTY Bolin Crowder Culleton Lassonde Lange

1. Air Quality Management District

2. Association of Governments

3. City Selection Committee (Mayor)

4. Disaster Council (Mayor)

5. Local Area Formation Commission
(LAFCo) (Bolin was appointed
through 5/2027 – Appointed by City
Selection Committee)

6. Mosquito and Vector Control Board
(Schuster was appointed through
1/2027 – Rep to serve a 4-year term) Melissa Schuster

7. Waste Mgt Local Task Force

8. City/County Ad Hoc Committee

9. Tourism Business Improvement
District (TBID) Colette Curtis

10. Continuum of Care

11. Butte County Fire Safe Council

LOCAL COMMITTEES/COMMISSIONS
PARADISE Bolin Crowder Culleton Lassonde Lange

1. Paradise Community Village

2. Paradise Irrigation District Liaison

3. Paradise Rec. & Park District Liaison

4. Paradise Solid Waste Committee

5. Onsite Ad Hoc Committee

6. Finance Committee
(Mayor & Vice Mayor)

7. Butte County Oversight Board

8. Paradise Sewer Regionalization
Project Advisory Committee

9. Legislative Ad Hoc Committee
(Mayor & Vice Mayor)

10. Healthcare Ad Hoc Committee
302
20 25 Representation
303

Town of Paradise
Council Agenda Summary
Date: December 10, 2024
Agenda Item: 6(b)
ORIGINATED BY: Marc Mattox, Public Works Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Paradise Sewer Project Progress Update.

LONG TERM
RECOVERY PLAN:

Yes, Tier 1
COUNCIL ACTION REQUESTED:

1. Hear an informational update on the Paradise Sewer Project which summarizes recent developments in funding pursuits and construction cost estimates; and

2. Review early options for next steps in Project development Background:

Since its incorporation in 1979, the Town has sought a formal wastewater treatment solution for the community, with service for commercial and densely populated residential areas being a priority. Failed and failing septic systems create public health and environmental concerns and have limited economic growth. Prior to the Camp Fire, which almost completely destroyed the town in 2018, Paradise was the largest unsewered community in California. The Town has prepared numerous studies to address its need for a centralized wastewater treatment solution, and in its most recent study, the Town identified a proposed sewer service area. The proposed sewer service area includes the Town’s commercial corridors, and as described in the 2017 feasibility study, it represented the area that had the most septic systems that had failed or were projected to fail by 2022.

The Paradise Sewer Project consists of three primary components: Core Collection System, Export Pipeline System, and Extended Collection System. The Core Collection System would support the centralized businesses and housing in Town, including approximately 1,500 parcels along the Skyway, Clark Road, and Pearson Road corridors. The proposed Export Pipeline System would start at the southern end of the Core Collection System as a gravity sewer line and would continue southwest approximately 18 miles to the City of Chico for connection to the Chico Water Pollution Control Plant. Other than the Town of Paradise flow, no other connections will be allowed to the export pipeline. The Extended Collection System would be an extension of the Core Collection System that would allow collection of sewage from parcels outside the Core Collection System, but within the Town limits.

The Town of Paradise has secured $45M through Community Development Block Grant Disaster Recovery funds to facilitate the design phase of the Paradise Sewer Project.

The Town hired the Mountain Cascade – Carollo Progressive Design-Build (PDB) Team with unanimous approval of the contract at Town Council in March of this year. Since their hire, the Sewer Project Team has been working towards the completion of the Basis of Design Report 304
(BODR). Key activities completed for preparation of the BODR include creation and refinement of the hydraulic model, sewer system operations planning, geotechnical desktop study completion, field investigation planning, right-of-way acquisition planning and creation of the construction Cost Model that will continue to be reviewed and refined as the team progresses to an agreed upon construction Guaranteed Maximum Price (GMP).

The Project Team has progressed all environmental permits and held consultations with US Fish and Wildlife Service (USFWS), National Marine Fisheries (NMFS), California Department of Fish and Wildlife (CDFW), California Valley Regional Water Quality Control Board (CVRWQCB), Central Valley Flood Protection Board (CVFPB), the State Historic Preservation Officer (SHPO), and US Army Corps of Engineering (USACE), the Konkow Valley Band of Maidu and Mooretown Rancheria tribes. The Team is also preparing to submit the National Environmental Policy Act (NEPA) Environmental Assessment (EA) package to The Department of Housing and Urban Development (HUD). Two major environmental milestones for the Project were the receipt of the Biological Opinion from USFWS and a Letter of Concurrence from NMFS.

On September 10, 2024, Paradise Town Council heard an informational update on the project next steps which previewed the forthcoming Basis of Design Report.

Analysis:

Since the previous Paradise Town Council update in September, staff has continued funding pursuits with the State Water Board Division of Financial Assistance as well as other state and federal advocacy efforts. As part of the development of the Basis of Design Report and a Construction Cost Model, staff has learned the cost of completion (design through system commissioning) may exceed $400M. Previous funding endeavors aimed to secure an additional $262M, which have been unsuccessful to date.

Following a critical project workshop with the State Water Board Division of Financial Assistance and Regional Water Quality Control Board, staff reached a conclusion that the project, as currently visioned, is financially infeasible.

During the Agenda Item presentation, staff will review the progression of construction cost estimates, funding efforts explored, future opportunities and early options to pivot towards a viable project which meets the needs of our community.

Financial Impact:

None at this time.
305

Town of Paradise
Council Agenda Summary
Date: December 10, 2024
Agenda Item: 6(c)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Tree Contractor Contract for Phase 2 of the Category 4 Tree Removal Program

LONG TERM
RECOVERY PLAN:

Yes
COUNCIL ACTION REQUESTED:

1. Approve the attached Professional Services Agreements and authorize the Town Manager to execute the following contract with Warner Enterprises.

Background:

The Town of Paradise has been working alongside FEMA and CalOES since 2019 on the funding and implementation of the Category 4 Tree Removal Program. In 2022, Phase 1 of the program was approved and implemented. Town Staff procured arborist services and opened the program to applicants. 574 properties enrolled in the program, were assessed and had over 12,000 eligible trees identified for removal upon approval of Phase 2 of the program.

Full approval of the project was granted in September 2024 and we have been working on initial monitoring and final surveying of the 375 properties moving forward with tree removal. We anticipate removing nearly 11,000 trees over the next 6-9 months.

Analysis:

The Town of Paradise (TOP) is seeking one Licensed Timber Operator (LTO-A) Contractor referred to herein as the Tree Removal (TR) Contractor, to assist the Butte County Fire Safe Council (BCFSC) and Town of Paradise (TOP) with the Federal Emergency Management Agency (FEMA) Category 4 Tree Removal Program (HTRP- 0305), which removes hazardous burnt trees left from the 2018 Camp Fire that threaten private property that were not part of the prior hazardous tree removal activities.
 RFP # TOPC42024 was posted on October 29, 2024
 The RFP was closed on November 12, 2024 with 7 proposals submitted. The average cost of the received proposals was $5,308,302.
 All proposals were scored by our review team consisting of Town of Paradise and BCFSC Staff.
 After scoring, two proposals were identified as the top proposals received and moved forward to an interview presentation.
306
 After the interview presentations, the review team unanimously chose Warner Enterprises for the award of the contract based on their experience, history of working in Paradise, project plan and understanding of the project needs.  The contract will be for the Not-to-Exceed (NTE) amount of $6,104,852.80.

Financial Impact:

All funding for Phase 2 of the Category 4 Tree Removal Program has been secured with 75% being provided by FEMA/CalOES HMGP Funds and 25% being provided by a CalFire CCI Grant.

All contracts being presented for approval fall within the budget categories already allocated within the grants. The only financial impact to the Town will be the task of managing cash flow between expenditure and reimbursement timing.
307
CATEGORY 4 TREE REMOVAL PROGRAM LTO-A
October 21, 2024
Exhibit B: Professional Service Contract Greater than $25,000 Attachment 1 - PROFESSIONAL SERVICE CONTRACT GREATER THAN $25,000 This Contract, dated as of the last date executed by the Town of Paradise is between the Town of Paradise, a municipal corporation of the State of California, hereinafter referred to as “TOWN”, and the professional service contractor indicated in the variable information table below, hereinafter referred to as “CONTRACTOR.”

VARIABLE INFORMATION TABLE
Term of This Contract
Term Begins Term Completion Date
On Following Date On Following Date
Town Department
Basis of Price (Do Not √ More Than One of the Following Four Blocks) Price $ Fixed Price Annual Price Monthly Price Hourly Rate Not-to-Exceed Price $ √ if Reasonable Expenses are authorized in addition to Hourly Rate CONTRACTOR Contact Information TOWN Contact Information CONTRACTOR Project Manager
Address Address
City, State & ZIP City, State & ZIP
Telephone Telephone
Email Email
WHEREAS, TOWN, through the TOWN Department identified above, desires to have work described in the Attachment III - Scope of Work performed; and
28 308
CATEGORY 4 TREE REMOVAL PROGRAM LTO-A
October 21, 2024
WHEREAS, CONTRACTOR possesses the necessary qualifications to perform the work described herein; NOW THEREFORE BE IT AGREED between the parties to this Contract that this Contract is subject to the provisions contained in the following attachments, which are made a part of this Contract. Should there be any conflicts between this Contract and the attachments that are incorporated herein precedence shall first be given to the provisions of this Contract followed by the attachments, in descending order, as indicated below:

Attachment 1 – Terms and Conditions (including Professional Services Contract) Attachment 2 – Regulatory Compliance Requirements for Expense Contracts Attachment 3 – Certification Regarding Debarment
Attachment 4 - Non-Lobbying Certification
Attachment 5 – Terms and Conditions
Attachment 6 – INSURANCE REQUIREMENTS
Attachment 7 – PROFESSIONAL CREDENTIALS
Attachment 8 – Scope of Work
By signature below, the department head or his or her deputy certifies that no unauthorized alterations have been made to the Attachment I – “Terms and Conditions” and/or the Attachment II – “Standard Insurance Requirements.”
_________________________________ _______________________________________ ________________ Typed or Printed Name Signature Date
This Contract and the above listed Attachments represent the entire undertaking between the parties.

TOWN: CONTRACTOR:

By: By:

Date Date:

REVIEWED FOR CONTRACT POLICY COMPLIANCE REVIEWED AS TO FORM:

By:
29 309
CATEGORY 4 TREE REMOVAL PROGRAM LTO-A
October 21, 2024
Attachment 2: Regulatory Compliance Requirements for Expense Contracts Expense contracts; Regulatory Compliance Requirements
All Town contracting shall comply with 2 CFR, Part 200 and legislation for the regulation of labor, safety and environmental protection, emergency preparedness and advisories, and any other codified criteria including but not limited to the following as relevant to this Contract:

1. Remedies:

Contractor Performance and the Breach Thereof
The Town may terminate this Contract and is relieved of the payment of any consideration to the Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. The Contractor shall be notified in a timely manner of default and provided 30 days in which to remedy the default. If at the end of the 30 days, if remedy is not made or does not satisfy the default, the Town shall notify the Contractor of the breach and thereby the termination of this Contract. In the event of such termination, the Town may proceed with the work in any manner deemed proper by the Town. The cost to the Town shall be deducted from any sum due the Contractor under this agreement and the balance, if any,shall be retained by the Town.

Termination for Cause and Convenience
In the event the Contractor fails to perform in accordance with the terms of this Contract within the time specified, if any, or a reasonable time after placement of this order, the Town Treasurer may by written notice, cancel this Contract and may hold the Contractor liable for any damage caused the Town by reason of failure to perform in accordance with these conditions.

It is agreed by the parties to this Contract that in case all the work called for under the Contract in all parts and requirements is not finished or completed within the time period as set forth in this Contract, damage will be sustained by the Town of Paradise, and that it is and will be difficult or impossible to ascertain and determine that actual damage which the Town will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor shall pay to the Town the sum of one hundred dollars ($100) per calendar day for each and every working days’ delay in finishing the work in excess of the time period prescribed; and the Contractor agreesto pay said liquidated damages as herein provided, and in case the same is not paid, agrees that the Town may deduct the amount thereof from any money due or that may become due the Contractor under this Contract or any other Contract between the Town and the Contractor.

2. Equal Employment Opportunity. As provided under 41 CFR § 60-1.4(b) Key Definitions
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Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the
Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance,
or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.

Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvementsto real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functionsincidental to the actual construction.

During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action will include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant hasinquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the 31 311
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compensation information of other employees or applicants as a part ofsuch employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, 32 312
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including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The Contractor agreesthat it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules,regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.

The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant, and refer the case to the Department of Justice for appropriate legal proceedings.

3. Copeland “Anti-Kickback” Act
The Copeland “Anti-Kickback'' Act (40 U.S.C. 3145) provides that the Town and the Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Town must report all suspected or reported violations to the Federal awarding agency.
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(1) Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Contract.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require; and, also a clause requiring the subcontractorsto include these clausesin any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all of these Contract clauses.

4. Compliance with the Contract Work Hours and Safety Standards Act 40 U.S.C. 3701– 3708
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to
(3) each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of thissection, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(4) Withholding for unpaid wages and liquidated damages. The Town shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be 34 314
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withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(5) Safety requirements. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (6) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any
subcontractor or lower tiersubcontractor with the clausesset forth in paragraphs (1) through (5) of this section.

5. Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of ‘‘funding agreement’’ under 37 CFR § 401.2 (a) and the Town or the Contractor wishesto enter into a contract with a small businessfirm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that ‘‘funding agreement,’’ the Town or the Contractor must comply with the requirements of 37 CFR Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency. (1) The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. 35 315
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6. Clean Air Act and the Federal Water Pollution Control Act The Contractor and the Town agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Clean Air Act
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(2) The Contractor agrees to report each violation to Town and understands and agrees that Town will, in tum, report each violation as required to assure notification to the Cal OES, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agreesto include these requirementsin each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The Contractor agrees to report each violation to Town and understands and agrees that Town will, in tum, report each violation as required to assure notification to the Cal OES, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.

7. Energy Efficiency
(1) Contractor will comply with all standards and policies relating to energy efficacy which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).

8. Suspension and Debarment
The Town does not employ vendors or contractors who are listed on the National World Wide Web Site System for Award Management (sam.gov) by Federal General Services Administration 36 316
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(GSA) for the purpose of disseminating information on parties that are debarred from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR

9.404, and each agency's codification of the Common Rule for Non-procurement suspension and debarment.
(1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor, its principals (defined at
(2) 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(3) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (4) This certification is a material representation of fact relied upon by the Town. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Town, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(5) The bidder or proposer agreesto comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any Contract that may arise from this offer.

The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions."

9. Byrd Anti-Lobbying Amendment 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 37 317

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10. Procurement of Recovered Materials
In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired-
(i) Competitively within a timeframe providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.

Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program . The list of EPA-designate items is available at https://www.epa.gov/smm/comprehensiveprocurement-guidelines-construction-products ."

11. Additional FEMA Requirements
Changes
Changes to this Contract may only be approved by written amendment to this Contract. No alteration or variation of any term or condition of this agreement shall be valid unless made in writing, signed by the parties hereto in accordance with TOWN Policies and Procedures. No oral understanding or agreement not incorporated as a duly authorized written amendment shall be binding on any of the parties hereto.

Access to Records
The following access to records requirements shall apply to this Contract:
(1) The Contractor agrees to provide Cal OES, the Town, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative’s access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives’ access to construction or other work sites pertaining to the work being completed under the Contract.

12. Department of Homeland Security (DHS) Seal, Logo and Flags The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre approval. 39 319
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13. Compliance with Federal Law, Regulations, and Executive Orders Thisis an acknowledgement that FEMA financial assistance will be used to fund the Contract only.

The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

14. No Obligation by Federal Government.

The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the Contract.

15. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this Contract.

By execution of this CONTRACT including this Attachment 1 the Contractor certifies that compliance with all the stated regulatory requirements as stipulated and where action is appropriate and required as a means of compliance, shall endeavor in good faith to conform to regulations and in no way are they connected to any federal, state or local debarment proceedings.
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4.3. Attachment 3: Debarment Certification
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Orders 12549 and 12689, 2 C.F.R part 180, Debarment and Suspension, and 2 C.F.R. § 200.213. Copies of the regulations may be obtained by contacting the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION,

READ INSTRUCTIONS ON PAGES TWO AND THREE BELOW)

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Firm Name: ______________________________________
Name and Title of Authorized Representative: ______________________________________ Signature of Authorized Representative: ______________________________________ Date: ______________________________

4.4. Attachment 4: Non-Lobbying Certification

INSTRUCTIONS FOR CERTIFICATION
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1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out on page one.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 C.F.R. Parts 180 and 417. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the System for Award Management (SAM) database.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
44 C.F.R. PART 18 - CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) the Contractor will use the following certification:

The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
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(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documentsfor allsub-awards at all tiers(including subcontracts,sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

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 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

Signature of Contractor's Authorized Official: _______________________________________ Name and Title of Contractor's Authorized Official:____________________________________ 43 323
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ATTACHMENT 5

TERMS AND CONDITIONS

1. Scope of Work. The work to be undertaken is identified in the attached “Attachment III-Scope of Work” which is made a part of this Contract.

2. Reimbursement. The work shall be performed for the Fixed price, Annual price, Monthly price or Hourly rate as indicated above in the variable information table, but shall not exceed the Not-to-Exceed Price if included in the variable information table. Reasonable expenses if authorized and specified in addition to the Hourly Rate if both the Hourly Rate block and the block authorizing Reasonable Expenses are checked in the variable information table. Payment shall be made after the Project Manager or designee reviews and approves the work and after submittal of an invoice by the CONTRACTOR. Expenses and or materials if stipulated shall be paid only upon prior approval and with receipts and only after review and authorization by the Project Manager.

3. Town Project Manager. The TOWN Project Manager or designee for this undertaking who will receive payment invoices and answer questions related to the coordination of this undertaking is identified above in the variable information table.

4. Independent Contractor. CONTRACTOR is an independent contractor, working under his/her own supervision and direction and is not a representative or employee of TOWN nor is the CONTRACTOR a partner or in any way directly affiliated with the TOWN. CONTRACTOR agrees to file tax returns, report compensation and pay all applicable taxes on amounts paid pursuant to this Contract.

5. Ownership. The TOWN retains the exclusive right of ownership to the work, products, inventions and confidential information produced for the TOWN by the CONTRACTOR, and the CONTRACTOR shall not disclose any information, whether developed by the CONTRACTOR or given to the CONTRACTOR by the TOWN. The parties agree that the TOWN will own the work, products, inventions or information produced by the CONTRACTOR pursuant to this Contract.

6. Confidentiality. The CONTRACTOR shall comply as follows and in accordance with the required performance of this contract:
a. All applications, records, data or any information concerning any individual made or kept by any public office, officer or department obtained by the CONTRACTOR in the performance of duties or as a consequence of performing said duties, shall be the confidential property of the TOWN and shall not be communicated, transmitted, reproduced or in any other way conveyed to any person not directly a party to this contract, its terms and conditions in accordance with all applicable laws and regulations including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any implications thereof including destruction of records or data as appropriate under compliance criteria.
b. No person will publish or disclose or permit or cause to be published or disclosed any data, facts, figures, list of persons or any other form of information obtained by the CONTRACTOR in the performance of duties or as a consequence of performing said duties. No person shall publish, disclose, or use or permit, or cause to be published, disclosed or used any confidential information pertaining to any individual or group of individuals obtained by the CONTRACTOR in the performance of duties or as 44 324
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a consequence of performing said duties.
c. CONTRACTOR agrees to inform all employees, agents, associates and partners on the above provisions and that any person knowingly and intentionally violating the provisions of this clause is guilty of a misdemeanor. CONTRACTOR shall bear equal responsibility for any violation of the provisions of this paragraph.
d. CONTRACTOR agrees and understands that if confidential information concerning any individual made or kept by any public office, officer or department is obtained by the CONTRACTOR and included on any memory device that may be housed in a computer, or other device (such as a “PDA”) may become subject to Federal HIPAA requirements and/or any state or local regulations that apply which could result in surrender of the hard drive, sanitization or the destruction thereof in accordance with Department of Defense (DoD) 5220.22-M standard and/or industry standards current to time of the release of the equipment which ever represents the greatest level of (permanent) information destruction. At the very least, at the end of this contract, CONTRACTOR may be required to stipulate to the fact that no such files exist.

7. Termination. This Contract may be terminated by either the TOWN or CONTRACTOR by a thirty (30)- day written notice. Authorized costs incurred by the CONTRACTOR will be reimbursed up to the date of termination.

Notwithstanding anything stated to the contrary herein, this Contract shall expire on the Completion Date indicated in the above Variable Information Table unless the Completion Date is modified by written amendment to this Contract.

8. Indemnification. CONTRACTOR agrees to accept responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release the TOWN, its officers, agents and employees from and against any and all actions, claims, damages, disabilities or expenses that may be asserted by any person or entity, including CONTRACTOR, to the extent arising out of or in connection with the negligent acts or omissions or willful misconduct in the performance by CONTRACTOR hereunder, whether or not there is concurrent negligence on the part of the TOWN, but excluding liability due to the active negligence or willful misconduct of the TOWN. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for CONTRACTOR or its agents under worker’s compensation acts, disability benefit acts, or other employee benefits acts. CONTRACTOR shall be liable to TOWN for any loss of or damage to TOWN property arising out of or in connection with CONTRACTOR’s negligence or willful misconduct.

9. Right to Monitor/Audit and Associated Liability. It being understood by the parties hereto that the TOWN’s funding source herein may be TOWN, State and/or Federal appropriation, and therefore CONTRACTOR is responsible for administering the program as described herein, CONTRACTOR agrees to accept responsibility for receiving, replying to and/or complying with an any audit of this project which may be deemed appropriate or required in compliance with TOWN, State or Federal mandates and to reimburse the TOWN for any liability upon the TOWN for any discrepancy resultant from said audit exceptions or for any liability that result from a breach of contract, misrepresentation or inaccuracy.

10. Record Retention and Availability. CONTRACTOR shall maintain and preserve all records related to this agreement in its possession (or will assure the maintenance of such records in the possession of any third party performing work related to this agreement) for a minimum period of three (3) years from the effective date of this agreement, or until all State and/or Federal audits are complete, whichever is later. Upon request, CONTRACTOR shall make available copies of these records to TOWN, State or Federal Governments’ personnel, including but not limited to the State Auditor General. In the event that this contract is related to a FEMA grant record retention shall be three years from the date of the Grant Close-out letter. 45 325
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11. Insurance Requirements. CONTRACTOR shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or be in connection with the performance of the Work hereunder by CONTRACTOR, CONTRACTOR’s agents, representatives, employees and subcontractors. At the very least, CONTRACTOR shall maintain the insurance coverage, limits of coverage, and other insurance requirements as described in Attachment II to this Contract.

12. Changes to the Contract. Changes to this Contract may only be approved by written amendment to this Contract. No alteration or variation of any term or condition of this agreement shall be valid unless made in writing, signed by the parties hereto in accordance with TOWN Policies and Procedures. No oral understanding or agreement not incorporated as a duly authorized written amendment shall be binding on any of the parties hereto.

13. Representations and Warranties. CONTRACTOR by execution represents the skill, knowledge, proficiency and expertise to perform as herein stipulated and warrants that the credentials presented herein Attachment VI are authentic, current and duly granted.

14. Contractor’s Standard of Care. TOWN has relied upon the professional ability, experience, and credentials presented and represented by the CONTRACTOR as a material inducement to enter into this Contract.

CONTRACTOR hereby warrants that all of CONTRACTOR’s work will be performed in accordance with generally accepted and applicable professional practices and standards as well as the requirements of applicable Federal, State and local laws, it being understood that acceptance of CONTRACTOR’s work by TOWN shall not operate as a waiver or release. Where applicable, the CONTRACTOR shall maintain the appropriate certification(s), license(s) or accreditation(s) through the life of this contract, as submitted and stipulated herein Attachment VI and make them available for audit upon request by the TOWN.

15. Termination for Exceeding Maximum Level of Expenditures. Contracts exceeding the monetary limits delegated to the Purchasing Agent, or authorized deputies, are not valid unless duly executed by the Town Manager. If this Contract was executed for the TOWN of Paradise by the Purchasing Agent, or authorized deputy, this Contract shall automatically terminate on the date that the provision of services or personal property or incurring of expenses, the cumulative total of which, exceedsthe amount prescribed by Government Code Section 25502.5 for personal services contracts or the amount prescribed by Public Contract Code Section 22032 (b) for public works contracts.

16. Termination for Exceeding Maximum Term. Contracts exceeding the five-year term delegated to the Purchasing Agent, or authorized deputies, are not valid unless duly executed by the Chair of the Board of Supervisors. If this Contract was executed for the TOWN of Paradise by the Purchasing Agent, or authorized deputy, this Contract shall automatically terminate on the date that the term exceeds five years. Amendments to this Contract, or new Contracts for essentially the same purpose, shall not be valid beyond the five-year limitation unless duly executed by the Chair of the Board of Supervisors.

17. Compliance with Laws. CONTRACTOR shall comply with all Federal, State and local laws, rules and regulations including, without limitation, and not limited to any nondiscrimination laws. Specifically, the CONTRACTOR by executing this agreement stipulates and certifies that as an individual or as an entity, complies in good faith as well as all actions the following regulatory requirements at least but not limited to:
a. Non-discrimination with regard to minority, women, and disabled veteran-owned business enterprises; hiring practices on the basis of race, color or national origin, gender, handicaps or age. b. Environmental protection legislation and in particular regarding clean air and water, endangered species, handling or toxic substances and the public right to know. 46 326
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c. Drug Free workplace, Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act and Public Health Service Act
d. National Labor Relations Board Public Contract Code 10296. e. Domestic Partners – Public Contract Code 10295.3.
f. ADA 1990 42 USC 12101 et seq.

18. Applicable Law and Forum. This Contract shall be construed and interpreted according to California law and any action to enforce the terms of this Contract for the breach thereof shall be brought and tried in the Superior Court of the County of Butte.

19. Contractor Performance and the Breach Thereof. The TOWN may terminate this agreement and is relieved of the payment of any consideration to CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. CONTRACTOR shall be notified in a timely manner of default and provided 30 days in which to remedy the default. If at the end of the 30 days, if remedy is not made or does not satisfy the default, the TOWN shall notify the CONTRACTOR of the breach and thereby the termination of this contract. In the event of such termination, the TOWN may proceed with the work in any manner deemed proper by the TOWN. The cost to the TOWN shall be deducted from any sum due the CONTRACTOR under this agreement and the balance, if any, shall be retained by the TOWN.

20. Contradictions in Terms and Conditions. In the event of any contradictions in the terms and/or conditions of this Contract, these Attachment I TERMS AND CONDITIONS shall prevail.

21. No Delegation Or Assignment. Provider shall not delegate, transfer or assign its duties or rights under this Agreement, either in whole or in part, directly or indirectly, by acquisition, asset sale, merger, change of control, operation of law or otherwise, without the prior written consent of TOWN and any prohibited delegation or assignment shall render the contract in breach. Upon consent to any delegation, transfer or assignment, the parties will enter into an amendment to reflect the transfer and successor to CONTRACTOR. TOWN will not be obligated to make payment under the Agreement until such time that the amendment is entered into.

22. Conflict of Interest. CONTRACTOR and CONTRACTOR’S employees shall have no interest, direct or indirect, which will conflict in any manner or degree with the performance of services required under this contract. a. This contract is entered into by TOWN upon the expressrepresentation that CONTRACTOR has no other contracts in effect with TOWN except as described on Exhibit “A” hereto attached. Exhibit “A” is hereby made part of this contract by it reference herewith and hereby subjugated to these General Terms and Conditions (Attachment I).
b. CONTRACTOR understands and will adhere to the TOWN’s policy that no contracts shall knowingly be issued to any current TOWN employee or his/her immediate family or to any former TOWN employee or his/her immediate family until two years after separation from employment, without notifying the Director of the Department of Human Resources in writing:

Director of Human Resources
5555 Skyway
Paradise, CA 95969
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c. CONTRACTOR stipulates by execution of this contract that they have no business or other interest that provides any conflict with the interest of the Town of Paradise in the matters of this agreement.

CONTRACTOR recognizes that it is a breach of ethics to not disclose any interest that may be a conflict to the TOWN for the advice of Town Attorney on the matter prior to executing this contract.

23. Canon of Ethics. CONTRACTOR by execution of this contract agrees to act in the best interest of and on behalf of the Town of Paradise and its constituents in all matters, honest, fair, prudent and diligent as dictated by reasonable standards of conduct for their profession.

24. Severability. The terms and conditions of this contract shall remain in force and effect as a whole separate from and even if any part hereof the agreement is deemed to be invalidated.

25. No Implied Waiver. In the event that The TOWN at any point ignores or allows the CONTRACTOR to break an obligation under the agreement, it does not mean that TOWN waives its future rights to require the CONTRACTOR to fulfill those obligations.

26. Entirety of Agreement. This contract inclusive of all Attachments herein in stipulated and made part of the contract constitutes the entire agreement between these parties. 48 328
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Acknowledgement of OTHER TOWN Contracts
List any and all contracts that you have with TOWN agencies. If none, you must stipulate “none.” This cannot be left blank or omitted from the contract.
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ATTACHMENT 6

INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
*Please provide a copy of Attachment II to your insurance agent.

Contractor shall procure and maintain for the duration of this contract, insurance against claims for injuries to persons or damages to property that may arise from or be in connection with the performance of the work hereunder by Contractor, Contractor’s agents, representatives, employees and subcontractors. Before the commencement of work Contractor shall submit Certificates of Insurance and Endorsements evidencing that Contractor has obtained the following forms of coverage:

A. MINIMUM SCOPE AND LIMITS OF INSURANCE - Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO’s Commercial Automobile Liability coverage form CA 00 01.

1. Commercial Automobile Liability: Covering any auto (Code 1) for corporate/business owned vehicles, or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage.

2. Personal Lines automobile insurance shall apply if vehicles are individually owned, with limits no less than $100,000 per person, $300,000 each accident, $50,000 property damage. 3) Workers’ Compensation Insurance: As required by the State of California with Statutory Limits and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury and disease. (Not required if Contractor provides written verification he or she has no employees.) 4) Professional Liability (Errors and Omissions): Insurance appropriate to Contractor’s profession, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

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

B. OTHER INSURANCE PROVISIONS - The insurance policies are to contain, or be endorsed to contain, the following provisions:
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1) The Town of Paradise, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL and Commercial Auto policies with respect to liability arising out of work or operations performed by or at the direction of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions used). 2) For any claims related to this contract, Contractors insurance coverage shall be primary insurance coverage at least as broad as ISO Form CG 20 01 04 13 as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees and volunteers shall be excess of Contractors insurance and shall not contribute with it. 3) Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Town.

C. WAIVER OF SUBROGATION: Contractor hereby grants to Town a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Town by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Town has received a waiver of subrogation endorsement from the insurer.

The Workers ’Compensation policy shall be endorsed with a waiver of subrogation in favor of the Town for all work performed by the Contractor, its employees, agents and subcontractors.

D. SELF-INSURED RETENTIONS: Self-insured retentions must be declared to and approved by the Town. The Town may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Town.

E. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Town.

F. VERIFICATION OF COVERAGE: Contractor shall furnish Town with original certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language affecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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G. SPECIAL RISKS OR CIRCUMSTANCES: Town reserves the right to modify these requirements including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

H. SUBCONTRACTORS: Contractor shall include all subcontractors as insured under its policies or require all subcontractors to be insured under their own policies. Ifsubcontractors are insured under their own policies, they shall be subject to all the requirements stated herein, including providing the Town certificates of insurance and endorsements before beginning work under this contract.

I. CLAIMS MADE POLICIES: If any of the required policies provide coverage on a claims-made basis:
1) The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. 4) A copy of the claims reporting requirements must be submitted to the Town for review. 52 332
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ATTACHMENT 7

PROFESSIONAL CREDENTIALS
The CONTRACTOR herein presents the required and essential credentials for performance of this contract and warrants them to be authentic, current and duly granted.

List required and essential credentials which will be available in the contract file and may or may not be hereto attached and which may be but are not limited to:

Professional Degrees
Licenses
Certifications
Bonds
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ATTACHMENT 8
Scope of Work
Unless indicated otherwise herein, the CONTRACTOR shall furnish all labor, materials, transportation, supervision and management and pay all taxes required to complete the project described below:

At (fill in the appropriate point) prior to the end of the contract term an assessment may be made of the value of the professional services herein delineated and thus far received. At the conclusion of the assessment, it may be determined that the CONTRACTOR owes certain fulfillment and/or deliverables for which the remaining payments may be withheld up to 20% of the contract. The assessment may determine that there is additional work to be amended to this scope of work. In the event of an amendment, the CONTRACTOR shall be notified and the amendment submitted and duly authorized in accordance with TOWN Policy and Procedure. Otherwise, pertaining to this contract’s scope of work it is the CONTRACTOR’s responsibility to remain within the term and amount of the contract. If the terms and/or conditions of this contract including the amounts, rates, time and/or duration are exceeded in any way without fully executed amendment, the CONTRACTOR may not be reimbursed.

NOTE: If detail rate schedules or other documents are appropriate to the Scope of Work and separate from this Attachment III they must be stipulated in this Attachment by specific reference and thereby made part of this contract, labeled accordingly (Attachment III, Exhibit A, (or whatever the appropriate specific reference), etc.). They must also be included in the pagination of this contract. Consequently, it is necessary to scan them into the body of the contract where pagination control can make them inclusive.

Duties and obligations of the CONTRACTOR:

Since this is a professional service contract, this is the appropriate point in the contract to stipulate any subjective expectation that may be implied by their profession but once explicated become performance elements of the contract.

State all specific elements of the contract for which specific payment due as objectively as possible. Whether contract is based on hourly, daily, weekly, monthly rates; flat rate for deliverables; project milestone incremental payments; charges for use of particular (i.e., therapeutic) equipment or implements; any reports, criteria and schedule
If expenses are allowed, specify what is reasonable and/or reimbursable AND always state that expenses (unless per diem) must be preapproved and accompanied by receipts. There should be a cap to the expenses.

If “materials” are required, specify what they will (or might be) and some approximation not to exceed amount.

Unless the materials are provisions of the “house” of the contractor, they will require receipts to be presented with invoice stipulating their charge.

State any circumstances under which no payment will be made.

State if payments are contingent on specific delineation on the invoice(s) such as coding or regulatory designated description.

Recommend that rates be laid out in table format if possible for clarity and ease of processing payments.

State specifically that payments stipulated are the Contractor’s only compensation.

Duties and obligations of the TOWN:
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TOWN’s obligations may be:
o Town reserves the right to award more than one contract, if desired. o Make any relevant notification promptly
o Provide data promptly
o Provide schedules or set up meetings or respond to presentation of information promptly o Pay upon provision as herein stipulated and after presentation of appropriate receipts and/or invoice. o If possible avoid stipulating payment within specific period. If absolutely necessary state no less than 30 days and 60 days is not atypical.
o Town does not pay interest or penalties.
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EXHIBIT C - PROPOSAL SUMMARY FORM
California Licensed Timber Operator “A” (LTO-A)
FEMA Category 4 Hazard Tree Removal Program
NAME OF BIDDER:

BUSINESS ADDRESS:

E-Mail:

The scope of work is described within this proposal and includes Independent Contract Tree Removal work. Bid prices are based on a cost per tree and treatment basis. Total tree count for project may vary due to issues beyond the control of TOP and/or BCFSC.

Fill out the following section as follows:

1. Provide one price per tree diameter class (R1, R2, R3, R4, R5) for both treatment types (Full Removal {Bid Table 1} & Lop and Scatter {Bid Table 2} PENDING APPROVAL), additionally please provide a total cost breakdown (Bid Table 3).
a. The provisions for payment under the contract will be subject to a ten percent (10%) withholding per invoice.
b. The withheld ten percent (10%) payment amount will be included in the final payment to the TR Contractor(s) and will only be released when all required work has been completed to the satisfaction of BCFSC and Forest Practice Rules compliance has been met per RPF Contractor.

Map of Project Area is attached as Exhibit D along with shapefiles and excel tree inventory.

Bid Table 1 – Full Removal (Tree count subject to change) ** See SOW section 6E & 6F for treatment standards**
Tree Diameter
Size Class
Diameter Breast Height
(DBH)
Classes in Inches
Tree Count Full Tree Removal
(Cost per Tree)
Total
R1 5.00” – 11.99” 3624 $ $
R2 12.00” – 23.99” 3885 $ $
R3 24.00” - 35.99” 1445 $ $
R4 36.00” – 47.99” 393 $ $
R5 48.00” + 149 $ $
9496 $ $
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Bid Table 2 – Lop and Scatter (Tree count subject to change) ** See SOW section 6G for treatment standards**
****PENDING APPROVAL****
Tree Diameter
Size Class
Diameter Breast
Height (DBH)
Classes in Inches
Tree Count Full Tree Removal
(Cost per Tree)
Total
R1 5.00” – 11.99” 486 $ $
R2 12.00” – 23.99” 375 $ $
R3 24.00” - 35.99” 117 $ $
R4 36.00” – 47.99” 58 $ $
R5 48.00” + 17 $ $
1053 $ $
Bid Table 3- Cost Breakdown
Treatment Cost
Full Removal $
Lop and Scatter $
Total $

1. Equipment and Resources Available (please put as attachment) {Include Sub-TR Contractor(s)} a. TR Contractor(s) shall provide a list of number of personnel available (i.e. operators, fellers, groundmen, etc)
b. TR Contractor(s) shall provide a list of equipment (i.e. material handlers, cranes, grapple trucks, bucket trucks, feller bunchers, tree skidders, skid steers, brush chippers, tub grinders, large-scale chippers, water trucks, water buffalos, street sweepers, etc) that is anticipated to be utilized to perform the work

1. Include the type, model, size, year, and other pertinent information (i.e. rubber tired, rubber tracked, metal tracked, etc.)

2. Include the number of pieces of equipment, and whether each piece is owned, leased, or rented

2. Tree Removal Contractor Background and Experience (please put as attachment)

3. References with Phone Numbers (please put as attachment)

4. Bidder Acknowledgement of the Receipt of Addendum (in the case that one is supplied) _____________________________ _________________________________ _____________ Name Signature Date
NOTE: This form must be included in the proposal and completed in its entirety in order for the proposal to be evaluated.

NOTICES
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All proposing Contractor responding to this RFP should note the following:

1. All work performed for TOP, including all documents associated with the project, shall become the exclusive property of TOP, FEMA, and CA. State University Chico - Northeast Information Center.

2. TOP reserves the right to:
a. Reject any or all submittals.
b. Request clarification of any submitted information.
c. Waive any informalities or irregularities in any qualification statement. d. Not enter any contract.
e. Not to select any firm.
f. Cancel this process at any time.
g. Amend this process at any time.
h. Interview firms prior to award.
i. Enter negotiations with one or more firms on one or multiple projects. j. Award more than one contract if it is in the best interest of the BCFSC. k. Issue similar RFPs or RFQs in the future.
l. Request additional information during the interview.

3. The selected Contractor is expected to perform and complete the project in its entirety.

4. All costs arising from this RFP process incurred by any proposing firm shall be borne by the contractor without reimbursement by TOP.

5. California and Federal prevailing wage laws do not apply to this project. 58 338
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Exhibit D - FIRE PLAN
Scope

1. The Provisions set forth below outline the channels of responsibility for fire prevention and suppression for fires created by vegetation management by contractor project activities, whenever there is a potential for wildfire danger.

2. The Contractor is responsible for prevention of wildfire ignition due to project work. No contractor will work or is allowed to have employees work alone.

Contractor

1. Contractors shall monitor and follow the Project Activity Levels (PAL) as directed by the project manager/monitor. The Project Activity Levels are listed below, and color coordinated by a map provided by the National 7- Day Significant Fire Potential website at the following location:
a. https://fsapps.nwcg.gov/psp/npsg/forecast/

2. Additional Fire Weather Forecast including EXTREME or RED FLAG conditions should be monitored at both the Cal Fire Red Flag Warning and Fire Weather Watches and NOAA Fire Weather Forecast websites.

3. The contractor will evaluate the risk of the project work and create a fire safe workspace and take appropriate actions.
a. Such action can range from an increase of onsite suppression capabilities to suspension of work.

Intent

1. This Fire Prevention Plan ensures Northern Region Fuel Reduction Crews are aware of, and comply with, the State of California’s (State) fire prevention laws and additional fire preventive measures required by the Department. Some of the Departments’ required fire preventive measures are stricter than the state fire prevention laws.

2. Crews should recognize conditions that may allow a fire to start.

3. Crews should take the appropriate precautionary measures to avoid a fire and be properly equipped and prepared to take appropriate action in the event of a fire.

Compliance with the Public Resources Code and Forest Practice Rules –

1. The California Public Resources Code (PRC) and Forest Practice Rules (FPR) contain many provisions to reduce the risk of fire.

2. Although your crews may not be “timber operators” as specified in the FPR or necessarily conducting “timber operations”, the FPR does provide a sound basis for the best management practices when working in conditions that may ignite a fire. 59 339
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3. These rules are also a State standard for timber regulations. By reference they are both incorporated into this Plan, and this Plan requires strict adherence to the PRC and FPR.

The BCFSC Project Manager/Monitor may cease all operations if he/she deems there to be a potential threat of fire based on predicted forecasts.

Fire Danger Rating and Color Code
Level A- Blue (low) and Level B- Green (moderate)
Minimum Fire Fighting Equipment
• 1 Shovels (size “0” or larger with an overall length of 46”) • 2 McCleod’s
• 2 Axes
• 1 10-lb. ABC portable fire extinguisher
• 2 Back pumps within 25’ of working area.

Burning Operations:

1. A fire patrol person is required for burning operations from cessation of operations until 2 hours after operations cease or sunset, whichever occurs first on shaded fuel break projects.

2. Minimum of a 50-gallon water tank with spray pump, or a foam fire suppression system equivalent to 50 gallons of water, and 200 feet of hose with nozzle not less than 1-inch in diameter shall be on or adjacent to project for burning operations.

3. For the water tank option, the pump must be capable of producing 50 psi water pressure at a minimum of 20 gpm.

Chipping, Resident Assistance and Fuel Reduction
Projects Operations:

1. Chipper operators and resident’s assistance projects must patrol the area before leaving the site.

Level C: High (Yellow)

1. Chipper and chain saw operators and resident’s assistance projects must patrol the area before leaving the site.

2. Pile burning is not allowed during these fire danger levels.

3. Minimum of 250-gallon water tank with spray pump, or a foam fire suppression system equivalent to 250 gallons of water, and 200 feet of hose not less than 1- inch in diameter with nozzle shall be on or adjacent to project for burning operations.
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4. For the water tank option, the pump must be capable of producing 50 psi water pressure at a minimum of 20 gpm.

5. Minimum Firefighting Equipment of Level B section II.

Level D Very High (Brown)

1. Minimum Firefighting Equipment of Level B section II.

2. Pile burning is not allowed during Level D, Vert High fire danger level.

3. All following activities must end at 1 pm. Work may end earlier based on CALFIRE Conservation Camp Fire or other emergency obligations. ▪ Rubber tired skidding
▪ Chipping on roads or landings
▪ Cable yarding
▪ Road maintenance
▪ Dirt moving
▪ Hand slash disposal
▪ Chainsaw operations on landings and roadbeds.

4. A fire patrol person is required to walk all areas treated that day once per hour, for at least 2 hours after the cessation of operations, or until sunset-local time (whichever occurs first). This includes chainsaw felling, metal track skidding, machines with chainsaw cutting heads and mastication equipment.

5. Minimum Firefighting Equipment.
• Minimum of 250-gallon water tank with spray pump, or a foam fire suppression system equivalent to 250 gallons of water, and 200 feet hose not less than 1-inch diameter with nozzle shall be on or adjacent to project for shaded fuel break projects.
• For the water tank option, the pump must be capable of producing 50 psi water pressure at a minimum of 20 gpm.
• 2 Shovels (size “0” or larger with an overall length of 46”) • 2 McCleod’s
• 2 10-lb. ABC portable fire extinguisher
• 2 Back pumps within 25’ of working area.

Level E Extreme (Orange-Heat, Orange-Wind, Red Lightning) RED FLAG: ALL work is prohibited on RED FLAG days with the following exceptions upon approval from the BCFSC Project Manager and RPF.

1. Loading logs, slash and existing chip piles with a loader in a designated landing is permissible on RED FLAG days as long as contractor designates an onsite supervisor capable of receiving notices, taking action, and directing a fire response.

2. Dragging and piling vegetation by hand is permissible on RED FLAG days as long as work area is accessible on dirt, gravel, or paved roads where vehicles 61 341
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will not be driving/parked over vegetation. Contractor is required to designate an onsite supervisor capable of receiving notices, taking action, and directing a fire response.

3. Smoking on RED FLAG days is only permissible inside of a vehicle at a designated landing.

REQUIREMENTS: ALL OPERATIONS

1. Firefighting equipment shall be maintained and kept in a state of fire readiness. Tools shall be kept sharp.

Fire Patrol Duties:
a. Each crew will have a designated fire patrol officer. This individual will be responsible for patrolling the work area at the end of the day to ensure that nothing is smoldering or burning.
b. For work that may cause spark ignition fires (chainsaws, chippers, etc.), this will be performed before leaving the site for the chipping and residents assistance. c. For all project work the contractor will evaluate all fire risks and take appropriate actions to prevent the occurrence of fire.

Communications:
d. Contractor will have reliable communication (cell phone, satellite phone or radio) present on the job site.
e. If cellular coverage is not available, the location of the nearest residents with a land line should be identified.
f. Crewmembers will be instructed to call 911 if any fire occurs. g. Contractors may use radio communication in order to directly report emergencies; especially in remote areas where cellular services are not available.

Clear Work Area:
h. Where vehicles and chippers are in operation, the area will be prepared with a contingency line.

REPORTING ALL WILDFIRES: CALL 911
Contractor's employees shall report all fires to 911 immediately (including fires that have been extinguished) and the following facilities and/or personnel listed below within the first 4 hours of the event:

Size-up Report When Reporting a Wildfire or Other Incident: Call 911 62 342
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Be prepared to provide the following key information:

1. Incident Type (wildland fire, vehicle accident, medical, HazMat Spill etc.)

2. Location (have this Job Briefing with you)

3. Incident Status (for wildfires: size of fire, rate of spread, threats such as structures)

4. Best Access Routes

5. Special Hazards (power lines down etc.…

6. Your name and contact information
Call the Butte County Fire Safe Council office at 530-877-0984 or Taylor Nilsson at 530-966-1620 or the Project
Manager/Monitor for your project.
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RED FLAG: All work is prohibited on RED
FLAG days Adjective Class Rating

A, B, C, D, E
Fire Danger Rating and Color Code
Level A Low (L) (Blue) Minimum Fire Fighting Equipment
Fuels do not ignite readily from small firebrands although a more intense heat source, such as lightning, may start fires in duff or punky wood. Fires in open cured grasslands may bum freely a few hours after rain, but woods fires spread slowly by creeping or smoldering, and burn in irregular fingers. There is little danger of spotting.

Level B Moderate (M) (Green)
Fires can start from most accidental causes, but with the exception of lightning fires in some areas, the number of starts is generally low. Fires in open cured grasslands will burn briskly and spread rapidly on windy days. Timber fires spread slowly to moderately fast. The average fire is of moderate intensity, although heavy concentrations of fuel, especially draped fuel, may burn hot.

Short-distance spotting may occur but is not persistent. Fires are not likely to become serious and control is relatively easy.

Level C High (H) (Yellow)
All fine dead fuels ignite readily, and fires start easily from most causes. Unattended brush and campfires are likely to escape. Fires spread rapidly and short-distance spotting is common. High intensity burning may develop on slopes or in concentrations of fine fuels. Fires may become serious and their control difficult unless they are attacked successfully while small.

Level D Very High (VH)(Brown)
Fires start easily from all causes and, immediately after ignition, spread rapidly and increase quickly in intensity.

Spot fires are a constant danger. Fires burning in light fuels may quickly develop high intensity characteristics such as long- distance spotting and fire whirlwinds when they burn into heavier fuels.

Level E Extreme (E) (Orange-Heat, Orange-Wind, Red Lightning) Fires start quickly, spread furiously, and burn intensely. All fires are potentially serious. Development into high intensity burning will usually be faster and occur from smaller fires than in the very high fire danger class. Direct attack is rarely possible and may be dangerous except immediately after ignition. Fires that develop headway in heavy slash or in conifer stands may be unmanageable while the extreme burning condition lasts. Under these conditions the only effective and safe control action is on the flanks until the weather changes or the fuel supply lessens.

Fire Plan Certification:

Contractor has reviewed and will abide all State Laws and the Fire Plan. _________________________________ _________________
Contractor Signature Date
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Exhibit E - TRAFFIC PLAN
Scope

1. TR Contractor(s) will provide for crew and public safety at all times. Strict control of roadway traffic if working along any roadway will be the top priority. Following all State of California Traffic Laws will be followed at all times.
a. Traffic operations:
i. https://dot.ca.gov/programs/trafficoperations/camutcd/camutcd-rev5

2. TR Contractor(s) will also be responsible for submitting all appropriate encroachment permits for the area of work. See following links :
a. Encroachment permits
i. Town of Paradise encroachment permit:

1. https://www.townofparadise.com/pwe/page/encroachment-permits ii. Butte County encroachment permit

1. https://www.buttecounty.net/941/Encroachment
iii. State of California encroachment permit:

1. https://dot.ca.gov/programs/traffic-operations/ep
Objectives
i. Ensure the safety of workers, pedestrians, and motorists. ii. Minimize disruptions to traffic flow.
iii. Comply with State and Local regulations.

Traffic Zones
a. Work Zone:
i. The area directly impacted by construction activities. b. Buffer Zone:
i. The space between the work zone and traffic flow.
c. Transition Zone:
i. The area where traffic transitions from normal flow to controlled flow. d. Traffic Control Measures
Signage and Markings
a. Install temporary signs indicating construction ahead, speed limits, and lane closures. b. Use reflective tape on barriers and cones for visibility. Mark pedestrian crossings and detour routes.
c. Barriers and Cones:
d. Place barriers to separate work zones from traffic.
e. Use orange cones to guide traffic and delineate lanes. f. Flaggers and Traffic Controllers.
g. Employ trained flaggers during peak hours.
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h. Coordinate traffic flow using hand signals and radios.

Lane Closures
a. Implement lane closures during specific construction activities. b. Provide advance notice to drivers.
c. Pedestrian Safety:
d. Designate safe pedestrian paths away from construction areas. e. Install pedestrian crossing signs.

Vehicle Access
a. Maintain access for emergency vehicles and local residents. b. Coordinate with emergency services.

Emergency Procedures
a. Emergency Evacuation Routes:
b. Clearly mark evacuation routes.
c. Train workers on emergency procedures.
d. Communication:
e. Establish communication channels with emergency services. f. Have a designated person responsible for emergency coordination. g. Monitoring and Adjustments
Regularly assess traffic flow and adjust control measures as needed. Document incidents, near misses, and changes to the plan.

Traffic Plan Certification:

Contractor has reviewed and will abide all State Laws and the Traffic Plan. ____________________________________________ ____________________________ Contractor Signature Date
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Contents
Cover Letter..................................................................................................................................1 Company Overview..................................................................................................................... 2 Local Paradise Benefit................................................................................................................ 3 Key Personnel..............................................................................................................................4 Subcontractors.........................................................................................................................9 Organizational Chart..............................................................................................................12 Equipment & Resources Available.......................................................................................... 13 Freight Equipment List...........................................................................................................15 Understanding & Work Approach............................................................................................ 18 Statement of Availability to Perform.......................................................................................18 Planning.................................................................................................................................19 Hazard Tree Removal Operations......................................................................................... 20 Data Collection & Project Tracking........................................................................................ 21 Quality Control....................................................................................................................... 22 Damages............................................................................................................................... 22 Temporary Processing Yard, Haul-Off, & End Use Facilities................................................. 22 Safety.....................................................................................................................................23 References & Background........................................................................................................25 FEMA Emergency Projects....................................................................................................25 BCFSC Projects.....................................................................................................................26 Certifications..............................................................................................................................28 Proposal Summary Form..........................................................................................................31 Addenda..................................................................................................................................... 34 348
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Company Overview
Warner Enterprises Inc (WEI) was founded by Paul Warner in 1977. Forty-five years of responsible and innovative forest management have set WEI apart in its efforts to be a leader in the industry. Current Vice President and Operation Manager, Gary Warner, joined the company full time in 1994. Working with both private and public partners WEI has treated thousands of acres with their diverse equipment options. From mechanical thinning operations to site prep with biomass removal and mastication, WEI has always prided itself in having the most experienced operators with the most effective equipment options for any job.

AȦer the devastation of the Valley Fire in Lake County, WEI began to focus more attention, time and resources to emergency forest health projects and hazard mitigation. With the Tubbs Fire, Carr Fire, and then Dixie Fire burning millions of acres in multiple counties, WEI broadened its footprint and added the needed equipment and personnel to assist in the cleanup of these devastating wildfires.

Working with PG&E, Ashbritt, ECC, Ceres Environmental, Army Corps, CalRecycle and many other state, county and local public works departments, WEI participated in all phases of recovery and hazard mitigation. WEIʼs skilled and experienced operators work productively, efficiently, and most importantly, safely, to fulfill the goals and objectives of each project we undertake.

WEI has always considered involvement in the community to be paramount to our goals and objectives. Supporting youth sports like Pop Warner Football, volunteering our time and energy at the annual Sierra Cascade Logging Conference, supporting, and advocating for the Heavy Equipment Program at Shasta College. WEI values the involvement of our company as well as our employees in the betterment of their communities.

WEI began its work in Paradise and Magalia with PG&E and Ashbritt, providing equipment and expertise in the initial phases of fire clean up aȦer the 2018 Camp Fire. Once the power lines were back up and the debris clean up began, WEI opened a temporary green waste collection and processing facility in Magalia. WEI accepted trees and vegetative debris from the public and began working closely with the Butte County Fire Safe Council (BCFSC) on the Rotary Tree Hazard Tree Mitigation Project. WEI removed and processed thousands of trees while partnering with the community and the BCFSC. WEI also worked with Dan Efseaff and the Paradise Parks Department to cut and remove fire damaged trees and debris from hundreds of acres of city owned park property.

Over the last 6 years of recovery, WEI has worked hand in hand with BCFSC, Butte County RCD, Paradise Parks Dept, American Forest Foundation, My Sierra Woods, BLM and hundreds of local private landowners to restore some of what was lost in the terrible firestorm that was the Camp Fire. WEI continues to work with the BCFSC on rehabilitation and fuels reduction projects in Paradise and Magalia and would look forward to the opportunity to partner with the Town of Paradise (TOP) and BCFSC in the execution of this final phase of hazard tree removal. 350
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Local Paradise Benefit
Warner Enterprises has been committed to showing support to Paradise and its recovery efforts following the 2018 Camp Fire. Although our company does not originate in Paradise, CA we have had a presence and been participating with this rehabilitation for numerous years, building strong ties within the community and lasting relationships with local subcontractors, vendors, sawmills, and other end-use facilities.

Having strong ties to many entities and landowners within the community, the companies who have come together for this project are deeply rooted in Paradise and are steadfast in their support of the town's recovery. It is a priority to our team to represent ourselves in a professional manner and provide quality services to our community. Utilizing local personnel and subcontractors not only provides a level of extra care for the community, but their familiarity with the terrain, and connection to local resources, add to the overall effectiveness of our team. We understand the sensitive nature of this recovery and have the shared goals of providing service above-and-beyond customer expectations, effective communication, and respect for public and private properties.

If awarded this contract, it is our expectation to purchase all parts, tools and materials, fuel, dining and groceries, and necessary lodging for the completion of work within the town limits. We will strive to promote the economic health of Paradise through such purchases in order to further benefit the recovery efforts. Warner Enterprises and its local subcontractors are confident that we can exceed expectations and provide safe, professional, timely, and cost-effective services to the Town of Paradise, BCFSC, and local community.
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Key Personnel
Our carefully selected key personnel have extensive experience on similar FEMA funded projects throughout the State of California. These projects have included some of the largest hazard tree and debris removal contracts that have historically been performed aer the catastrophic wildfires within the last decade. We feel that our combined experience will provide a one-of-a-kind value of skills and expertise to TOP and the local community to ensure our work exceeds expectations. Below were the positions held within the Incident Command Structure or subcontractor held positions on each of the contracts performed.

Gary Warner – Senior Project Manager, 30 yearsʼ experience Gary has over 30 years of experience managing thousands of acres of forest health projects. In 2014, he was awarded SCLC Logger of the year, is an Industry Representative of the Shasta Community College Heavy Equipment Program, and Board Member and Committee Chair of the Sierra Cascade Logging Conference. He specializes in business operations, business development, expansion strategies and implementation within the industry.

Licenses | Certifications | Education
− B.A. Degree in Communications
− Licensed Timber Operator (LTO)
− ACL Prologger Certification
− Butte County BDO Independent Review Committee Member
− CalFire Incident Awareness for Hired Vendors
− Board Member and Committee Chair for Sierra Cascade Logging Conference − Advisory position Shasta College Heavy Equipment Program − Member of Associated California Loggers and Loggerʼs Association of Northern California Roles | Responsibilities
● Operational, logistical management, and coordination of hazard tree removal activities ● Implements long and short-term plans to meet schedules and deadlines ● Review documented project progress for the entirety of the contract, adjusting schedules and targets on the project as necessary
● Ensures that contract specifications are being met
● Makes effective decisions on budgeting and contract negotiations ● Actively communicates with the BCFSC/TOP and provides cooperative problem solving to mitigate any issues that arise
● Evaluate Billing and Invoicing for accuracy, making any necessary revisions before submission Relevant FEMA Funded Project Experience
❖ Project Manager - 2018, Valley Fire Hazard Tree Mitigation Phase I & II Project, Lake County, CA ❖ Project Manager - 2018, USACE Fire Mission - Tubbs Fire Debris Removal, Sonoma & Napa Counties, CA ❖ Project Manager - 2019, Hazardous Tree Removal Services Carr Fire, Shasta County, CA ❖ Project Manager, Trucking Subcontractor - 2019, Camp Fire Debris Removal, Paradise, CA ❖ Project Manager, Trucking Subcontractor - 2020, Camp Fire Hazard Tree Removal, Paradise, CA 352
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Joe Williamson - Project Manager, 15 yearsʼ experience
Joe has experience ranging from performing timber harvest preparation to managing large-scale forestry and natural disaster contracts concurrently. He has an abundance of knowledge of US Forest Service contracts including, hazard roadside salvage, mechanical thinning, mastication, grapple piling, hand thinning and piling, and new road construction/reconstruction.

Licenses | Certifications | Education
− Licensed Timber Operator (LTO)
− ISA Certified Arborist
− Tree Risk Assessment Qualification
Roles | Responsibilities
● Operational, logistical management, and coordination of hazard tree removal activities ● Implements long and short-term plans to meet schedules and deadlines ● Review documented project progress for the entirety of the contract, adjusting schedules and targets on the project as necessary
● Ensures that contract specifications are being met
● Makes effective decisions on budgeting and contract negotiations ● Actively communicates with the BCFSC and provides cooperative problem solving to mitigate any issues that arise
● Evaluate Billing and Invoicing for accuracy, making any necessary revisions before submission Relevant FEMA Funded Project Experience
❖ Project Manager - 2017,Redwood Valley Debris Removal, Redwood Valley, CA ❖ Project Manager - 2019, Camp Fire Debris Removal, Paradise, CA ❖ Project Manager - 2020, Camp Fire Hazard Tree Removal, Paradise, CA ❖ Project Manager - 2021, 2021 Fires: Structural Debris & Hazardous Tree Removal, Lassen, Plumas, Siskiyou, Tehama, and Trinity Counties, CA
❖ Project Manager - 2022, Oak Fire Structural Debris & Hazardous Tree Removal, Mariposa County, CA Bryant Brogan - Safety Manager, 10 yearsʼ experience
Bryant has managed WEIʼs safety program for 10 years. WEIʼs proactive safety protocols have resulted in 0 injuries and 0 lost workdays in more than 7 years. WEI maintains an experience modification rating of 63% and actively hires and trains to continue this extraordinary record of safety and worker productivity.

Licenses | Certifications | Education
− First Aid/CPR certification
Roles | Responsibilities
● Responsible for ensuring that regulatory requirements and industry best practices are met ● Regularly review and update safety protocols to address emerging risks ● Conduct thorough risk assessments to identify potential hazards ● Establish protocols for ongoing risk evaluation and management ● Develop and implement emergency response plans
● Conducts safety tailgate meetings in the field and performs routine check-ins with Hazard Tree Removal Crews to ensure jobsite safety for employees, clients, and public 353
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Paul Warner – Project Coordinator/Registered Prof Forester, 55 yearsʼ experience Paul has over 55 years working in the forest industry, founding WEI with a vision to maximize the effectiveness and reduce costs of forestry management through a holistic approach using creativity, collaboration, technology, and scale. He is a pioneer in the forestry industry in California and brings his extensive expertise to benefit any project.

Licenses | Certifications | Education
− B.S. Forestry Cal Poly Humboldt
− Registered Professional Forester #482
− 45 years in business in all phases of forest management and fire technology − CalFire Engineer
− Forester for Pacific Gas and Electric Company
Roles | Responsibilities
● Provides overall project coordination including planning, hazard tree removal activities, and haul-off to end use facilities.
● Aid the Project Manager, Superintendents, and Hazard Tree Removal crews in developing sound and actionable plans to mitigate hazard trees in close proximity to protected areas, along steep slopes, or near riparian areas and stream courses in accordance with the California Forest practice Rules and Best Management Practices.
● Work with the client Foresters, Archaeologists, Biologists, and Tribal Monitors to alleviate any issues arising from CalFire Exemptions, In Lieu Practices, the California Forest Practice Rules and/or the protection of resources.

Relevant FEMA Funded Project Experience
❖ Project Coordinator - 2018, Valley Fire Hazard Tree Mitigation Phase I & II Project, Lake County, CA ❖ Project Coordinator - 2018, USACE Fire Mission - Tubbs Fire Debris Removal, Sonoma & Napa Counties, CA
❖ Project Coordinator - 2019, Hazardous Tree Removal Services Carr Fire, Shasta County, CA ❖ Project Coordinator, Trucking Subcontractor - 2019, Camp Fire Debris Removal, Paradise, CA ❖ Project Coordinator, Trucking Subcontractor - 2020, Camp Fire Hazard Tree Removal, Paradise, CA DJ Gomes - Hazard Tree Removal Superintendent, 19 yearsʼ experience DJ has almost 20 years of experience in the residential and commercial tree industry. He has extensive experience managing multiple projects on a small and large scale. In addition to standard tree work, DJ provides emergency response efforts for storms and natural disasters. He serves his hometown and surrounding areas by performing volunteer work and has a large presence in the local community.

Licenses | Certifications | Education
− Licensed Timber Operator (LTO)
− Pest Control License
− Paradise Chamber of Commerce Member
− Associated California Logger Member
Roles | Responsibilities
● Supervises Hazard Tree Removal crews in the field, including tree removal, wood management, and haul-off
● Problem solves site specific issues and makes sure crew is achieving production goals ● Trains personnel in using proper felling techniques, equipment operation, and overall safety ● Coordinates removal of material associated with each site ● Implements contractual specifications in the field, attentive to the protection of resources and existing infrastructure
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Shane Evans - Hazard Tree Removal Superintendent, 6 yearsʼ experience Shane has a wide range of management experience on large-scale projects performing post-fire hazardous tree removal and US Forest Service Contracts. He specializes in high production logging and technical tree removal, along with excelling in planning, logistics, and boots on ground operational management.

Licenses | Certifications | Education
− Licensed Timber Operator (LTO)
− OSHA 30
− CalFire Incident Awareness for Hired Vendors
Roles | Responsibilities
● Supervises Hazard Tree Removal crews in the field, including tree removal, wood management, and haul-off
● Problem solves site specific issues and makes sure crew is achieving production goals ● Trains personnel in using proper felling techniques, equipment operation, and overall safety ● Coordinates removal of material associated with each site ● Implements contractual specifications in the field, attentive to the protection of resources and existing infrastructure
Relevant FEMA Funded Project Experience
❖ Operator/Driver - 2019, Camp Fire Debris Removal, Paradise, CA ❖ Operator/Driver - 2020, Camp Fire Hazard Tree Removal, Paradise, CA ❖ Crew Foreman - 2021, 2021 Fires: Structural Debris & Hazardous Tree Removal, Lassen, Plumas, Siskiyou, Tehama, and Trinity Counties, CA
❖ Crew Foreman - 2022, Oak Fire Structural Debris & Hazardous Tree Removal, Mariposa County, CA Charles Petersen – Project Engineer/Data Specialist, 5 yearsʼ experience Charles has a diverse set of skills, ranging from data management and analysis to project and contract management. He has experience in project tracking, documentation, and record keeping for the analysis of operational data in scheduling, budgeting, forecasting, invoicing, quality control and overall implementation of contractual specifications. He has experience developing systems, training staff, and troubleshooting the collection of field data efficiently and accurately.

Licenses | Certifications | Education
− PHD, Mathematics
Roles | Responsibilities
● Designs processes for proper data collection and efficient analysis of all project data, including: pre and post site inspections, daily crew and hauling dispatch, and hazard tree removal ● Performs audits, reconciliation, and quality control of all data managed ● Analyzes project data to support the operational management team on budgeting, forecasting, and scheduling decisions
● Reconciles subcontractor, hauling, and end-use billing ● Tracks and documents project progress and prepares invoicing Relevant FEMA Funded Project Experience
❖ Project Engineer - 2020, Camp Fire Hazard Tree Removal, Paradise, CA ❖ Project Engineer - 2021, 2021 Fires: Structural Debris & Hazardous Tree Removal, Lassen, Plumas, Siskiyou, Tehama, and Trinity Counties, CA
❖ Project Engineer - 2022, Oak Fire Structural Debris & Hazardous Tree Removal, Mariposa County, CA 355
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Emilie Jellema - Planning/Quality Control Manager, 10 yearsʼ experience Emilie has almost a decade of experience in the forestry industry planning and coordinating operations on high profile post-fire remediation projects within California. She provides a copious number of skills ranging from personnel management to trucking logistics. She has experience in supporting the execution of a variety of types of post-fire remediation contracts for the US Forest Service and CalOES/CalRecycle.

Licenses | Certifications | Education
− ISA Certified Arborist
− ISA Utility Specialist
− Tree Risk Assessment Qualification
Roles | Responsibilities
● Supervises QC team to perform reconnaissance before operations commence to identify equipment to be utilized, potential hazards, and document any other pertinent information to relay to the crews, management, or BCFSC personnel
● Proposes runways for specific crew types to ensure more efficient operations ● Assists crew in troubleshooting issues regarding tree specifications and/or locations ● Supervises QC team to verify that aer each parcel is completed to contractual requirements Relevant FEMA Funded Project Experience
❖ Project Coordinator - 2019, Camp Fire Debris Removal, Paradise, CA ❖ Planning Chief/QC Manager - 2020, Camp Fire Hazard Tree Removal, Paradise, CA ❖ Planning Chief/QC Manager - 2021, 2021 Fires: Structural Debris & Hazardous Tree Removal, Lassen, Plumas, Siskiyou, Tehama, and Trinity Counties, CA
❖ Planning Chief/QC Manager - 2022, Oak Fire Structural Debris & Hazardous Tree Removal, Mariposa County, CA
Mike Santuccio – Registered Professional Forester, 40 yearsʼ experience Mike has a broad range of experience providing professional forestry services for clients such as CalFire, the US Forest Service, PG&E, Fire Safe Councils, CalRecycle, and private landowners. He is currently a Grader for the California Professional Foresters exam for the Board of Forestry and Fire Protection and participates in mentorship programs for College of the Redwoods.

Licenses | Certifications | Education
− Registered Professional Forester License #2553
− Archaeology Training Certification CLFA 2023
− A.S. Fire Science, Butte College/B.S. Forest Resource Management, Humboldt State University Roles | Responsibilities
● Aid the Project Manager, Superintendents, and Hazard Tree Removal crews in developing sound and actionable plans to mitigate hazard trees in close proximity to protected areas, along steep slopes, or near riparian areas and stream courses in accordance with the California Forest practice Rules/BMPʼs. ● Works with the client Foresters and to alleviate any issues arising from CalFire Exemptions, In Lieu Practices, the California Forest Practice Rules and/or the protection of resources.

Relevant FEMA Funded Project Experience
❖ Registered Prof. Forester - 2020, Camp Fire Hazard Tree Removal, Paradise, CA ❖ Registered Prof. Forester - 2021, 2021 Fires: Structural Debris & Hazardous Tree Removal, Lassen, Plumas, Siskiyou, Tehama, and Trinity Counties, CA
❖ Registered Prof. Forester - 2022, Oak Fire Structural Debris & Hazardous Tree Removal, Mariposa County, CA
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Subcontractors
All local subcontractors listed below are committing exclusively to Warner Enterprises for this contract if awarded.

Crossfire Tree & Vegetation Services
Crossfire is a local Paradise company which originated in 2005. They have provided fire prevention and tree services on thousands of acres, including large hazardous fuel reduction projects and shaded fuel breaks within and in surrounding areas of Paradise. Their clients include apartment complexes, commercial and residential property owners, municipalities, and utility providers. Their primary focus is to meet the needs of clients by leveraging their years of experience as a licensed tree service and fire prevention contractor to make expert recommendations. For each project, they develop a systematic approach to complete the task at hand efficiently. Crossfire Tree & Vegetation Services stands by their core values of honesty, integrity, and hard work. They ensure their clients feel heard, treated fairly, and receive excellent service.

Mike Goggia Tree Service
Mike Goggia Tree Service performs all phases of both residential and commercial tree work within Paradise, CA for the last 30 years. Mike specializes in all areas of tree care including trims, pruning, and full removals. Along with tree removal, Mike Goggia provides production timber falling for Jeff Rolls Logging. They have many clients within the town, public and private, and pride themselves on assisting in the Camp Fire recovery efforts.

West Branch Tree Service
West Branch Tree Service was established in 2017, by Jacob Brownlee, a Paradise/Magalia local. He provides full-service tree removal services for private and commercial clients within the community.

He has specialty equipment, including a bucket truck, which enables him to perform more technical removals. Since the Camp Fire, he has been assisting landowners in recovery efforts to bring their properties back to a safe and healthy environment.

Tom's Tree Service
Tomʼs Tree Service is a fully licensed and bonded tree care company established in Paradise in 1980.

Additionally, they have ISA TRAQ certified arborists on staff which enables them to perform Tree Risk Assessments. They specialize in hazard tree removals, pruning, removal, spraying for pest and disease, fertilizing to keep trees strong, plant health care, including cabling and bracing. They have been a huge part of the tree care industry within Paradise and Magalia for decades and pride themselves on continuing to serve the community bringing excellent tree care. 357
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Gibson Tree Service
Gibson Tree Service has 10 years of local experience in the Paradise area providing services such as tree assessment, pruning, planting, removal, stump grinding, and training. They pride themselves on integrity, community, teamwork, quality, and sustainability. Although Gibson Tree Service is based out of Oroville, CA, the majority of their work since establishment has taken place up on the ridge. They provide many local contributions including donations to the Paradise Alliance Church, performing litter removal, free firewood donations to low-income families, and other Camp Fire charitable contributions. They look forward to being able to continue to serve the community and hope to have the opportunity to be a part of restoring Paradise. Gibson Tree Service is proudly Veteran owned and operated.

All Things Trees
All Things Trees was founded by James and Amanda Clark in Paradise in 2016. James has a passion for trees - he is an ISA Certified Arborist (#WE11572A) and an avid tree climber. They have a small, highly skilled, efficient crew who truly enjoy making the Ridge a safer place for all. All Things Trees are proud to say they have never lost hope for the Ridge. They returned immediately to continue raising their young children, rebuild their business, and support their community. All Things Trees provides their clients with a wide range of services ranging from pruning and cabling for maintenance, to tree removals, lot clearing and stump grinding.

North Fork Enterprises
Originated in 2020 and based out of Paradise, CA, North Fork Enterprises provides professional consulting services for forest management and natural disaster recovery contracts throughout California. NFEʼs personnel have held key positions in many large-scale FEMA funded post-fire mitigation projects including the Camp Fire, Dixie Fire, and Oak Fire. They will be assisting Warner Enterprises in project management, project planning and quality control, data collection, tracking, and reconciliation. They have extensive experience across various project scales, scopes of work, and clients which has given them the capability to manage a wide spectrum of projects.

Examples of size and scale of projects managed:
− Park FIre Hazard Tree Mitigation IRSC - 698 Acres (24.3 Miles) Roadside Hazard Felling − Bear Trap SSC - 290 Acres (8 Miles) Roadside Hazard Felling, 139 Acres Mastication, 145 Acres Hand Cut & Pile
− Camp Fire Hazard Tree Removal Project - 38,466 Trees
− 2021 Fires: Structural Debris & Hazard Tree Removal - 5 Counties, 985 Parcels, 22,596 Trees, 212,231 Debris Tons, 3,459 Truck Loads
− Oak Fire Structural Debris & Hazard Tree Removal - 158 Parcels, 2,906 Trees, 39,527 Tons, 3,459 Truck Loads
− USFS Plumas IRSC - 2,906 Acres Cut, Skid & Deck, 36,000 Tons, 1,440 Truck Loads 358
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Mike Santuccio - Private Forestry Consultant
Mike Santuccio is a local Registered Professional Forester that provides forestry consulting services in Paradise, Ca and surrounding areas. He was a firefighter for CalFire and worked his way up to a Deputy Chief from 1979 to 2012. AȦer CalFire he has worked for many different entities and in recent years has been providing private consulting for CalRecycle/CalOES FEMA funded natural disaster projects, local Fire Safe Councils, the National Forest Foundation, and the US Forest Service. He participates in the Forestry Mentorship Program for College of the Redwoods and is also a Grader for the California Professional Forestry Exam. In recent years he has worked with the key personnel that will be participating on this contract if awarded from North Fork Enterprises on post-fire hazard tree mitigation projects including the Camp Fire, Dixie Fire, and Oak fire.

Supplemental Subcontractors:
● Traffic Control - Statewide Safety Systems
● Crane Services - Maxim Crane Works
● Street Sweeping - Plus Sweeping
● Debris Hauling - Justin Rolls Logging, Inc.
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Organizational Chart
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Equipment & Resources Available
AȦer our thorough reconnaissance of both the West and East branches of the project our team anticipates the use of four different crew types, depending on location and terrain, to complete the scope of work detailed in the request for proposals. We foresee that the majority of work will be performed by Crew Type 1 and anticipate that Crew Types 2, 3, and 4 will be assigned specific parcels where their technical expertise and equipment are needed. The number of personnel and type of equipment may vary due to the condition of each site, the needs of each of its individual trees, and the resources and/or infrastructure needing protection. To reduce the potential for property damage we anticipate utilizing rubber-tracked machines for the bulk of sites within the project area.

Below are examples of each crew build-up, the number of crews available, and estimated daily production:

Crew Type 1:

Estimated production: 25 trees/day
Hand Falling Crew - Capable of directional felling trees using wedges, jacks, and other cutting techniques to perform high production tree removal.
− Hand Faller
− Sawman/Groundsman
− Skidsteer w/Operator
− Pull-Behind Chipper
− Crane, Bucket Truck, or liȦ (as needed)*
Crew Type 2:

Estimated production: 15 trees/day
Climbing Crew - Capable of removing technical trees threatening infrastructure or other sensitive areas due to close proximity by directional felling and rigging with the use of ropes, bucket trucks, cranes, or other specialty tree equipment.
− Lead Climber
− Secondary Climber
− Skidsteer w/Operator
− Sawman/Groundsman
− Pull-Behind Chipper
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Crew Type 3:

Estimated production: 70 trees/day
Logging Crew - Capable of performing tree removal operations on larger parcels with higher tree counts where cutting, skidding, and decking of material allows. This crew will also be primarily responsible for conducting all operations where in lieu practices are required. − Hand Faller
− Hand Faller/Sawman
− Skidder w/ Operator
− Heel Boom w/Operator
Crew Type 4:

Estimated production: 30 trees/day
Tracked Chipping Crew - Capable of assisting all other crews where chipping larger material and/or quantity of material allows. This crew will be implemented depending on site conditions and terrain to increase productivity.
− Excavator w/Operator
− Tracked Chipper
Crew Availability Summary
Contractor # Crews Available
Crossfire Tree & Vegetation Services (1) Crew Type 1, (1) Crew Type 2, (1) Crew Type 4 Mike Goggia Tree Service (1) Crew Type 1, (1) Crew Type 2 West Branch Tree Service (1) Crew Type 1, (1) Crew Type 2 Tomʼs Tree Service (1) Crew Type 1, (1) Crew Type 2
Gibson Tree Service (1) Crew Type 1, (1) Crew Type 2
All Things Trees (1) Crew Type 1, (1) Crew Type 2
Warner Enterprises, Inc. (2) Crew Type 3, (2) Crew Type 4 *If necessary, we have the ability to add additional resources if requested by the BCFSC/TOP 362
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Freight Equipment List
Type Size Year Make Model Tracked/
Wheeled #
Owned/
Leased/
Rented
Heel Boom 35 TON 2004 CAT 320C Tracked 1 Owned
Heel Boom 35 TON 2020 CAT 538LL Tracked 1 Owned
Heel Boom 35 TON 2016 Doosan 225 Tracked 1 Owned
Heel Boom 20 TON 2006 Link-Belt 160 Tracked 1 Owned
Heel Boom 20 TON w/
Winch 2012 Link-Belt 160 Tracked 1 Owned
Excavator 22 TON 1995 Hitachi 200Z Tracked 1 Owned
Excavator 17 TON 2020 Takeuchi TB2150 Rubber-Tracked 1 Owned Excavator 15 TON w/
Grapple 2019 Link-Belt 145 Tracked 3 Owned
Excavator 5 TON w/
Grapple 2016 Bobcat E45 Tracked 1 Owned
Dozer 15 TON 1998 CAT D5M Tracked 1 Owned
Skidder 25 TON 1997 CAT 527 Tracked 1 Owned
Skidder 25 TON 2015 John Deere 848L Wheeled 2 Owned
Skidder 20 TON 2002 CAT 545 Wheeled 1 Owned
Skidder 20 TON 2017 John Deere 748L Wheeled 1 Owned
Skidsteer 120 HP 2019 ASV 120 Rubber-Tracked 1 Owned
Skidsteer 112 HP 2019 Takeuchi TLR12 Rubber-Tracked 1 Owned Skidsteer 105 HP 2023 Bobcat T86 Rubber-Tracked 2 Owned Skidsteer 99 HP 2019 Bobcat T870 Rubber-Tracked 1 Owned Skidsteer 98 HP 2023 CAT 299D3 Rubber-Tracked 1 Owned
Skidsteer 95 HP 2016 CAT 299D2 Rubber-Tracked 1 Owned
Skidsteer 92 HP 2020 Bobcat T770 Rubber-Tracked 1 Owned Skidsteer 92 HP 2017 Bobcat T770 Rubber-Tracked 1 Owned Skidsteer 92 HP 2019 Bobcat T770 Rubber-Tracked 3 Owned Skidsteer 90 HP 2018 John Deere 331 Rubber-Tracked 1 Owned 363
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Type Size Year Make Model Tracked/
Wheeled #
Owned/
Leased/
Rented
Skidsteer 75 HP 2017 CAT 259D Rubber-Tracked 1 Owned
Skidsteer 66 HP 2020 Bobcat T590 Rubber-Tracked 1 Owned Skidsteer 25 HP 2021 Bobcat MT100 Rubber-Tracked 1 Owned Loader 25 HP 2021 Bobcat L28 Wheeled 1 Owned
Grinder 500 HP 2021 Morbark 3600 Tracked 1 Owned
Chipper 20 IN 2009 Morbark 30/36 Trailer Mounted 1 Owned Chipper 20 IN 2018 Morbark 20R Tracked 1 Owned
Chipper 19 IN 2019 Bandit 19XPC Tracked 1 Owned
Chipper 18 IN 1998 Bandit 280XP Tow Behind 1 Owned
Chipper 15 IN 2019 Vermeer BC1500 Tow Behind 3 Owned
Chipper 12 Inch 2018 Vermeer BC1000 Tow Behind 2 Owned
Crane 130 TON 2018 Link-Belt/Te
rex
RT130 Rough
Terrain
Wheeled 1 Rented
Aerial Lift 87 FT 2020 Easy Lift 87-48AJ Tracked 2 Owned Aerial Lift 70 FT 2022 Nifty Lift SD64 Wheeled 1 Owned
Bucket Truck 75 FT 2018 Freightliner M2 Wheeled 1 Owned Bucket Truck 60 FT 2008 GMC 2800 Wheeled 1 Owned
Grapple
Truck
40 YD 2020 Freightliner 114SD Wheeled 1 Owned
Grapple
Truck
50 YD 2020 Peterbilt 567 Wheeled 1 Owned
Grapple
Truck
78 YD 2020 Peterbilt 386 Wheeled 1 Owned
Chip Truck 14 YD 1999 Ford F350 Wheeled 1 Owned
Chip Truck 14 YD 2008 GMC Topkick Wheeled 1 Owned
Water Truck 4000 GAL 1999 Freightliner FLD 120 Wheeled 1 Owned Water Truck 2000 GAL 2011 Ford 750 Wheeled 1 Owned
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Type Size Year Make Model Tracked/
Wheeled #
Owned/
Leased/
Rented
Water Trailer 300 GAL 2020 Custom Custom Trailer Mounted 1 Owned Fire Box 300 GAL 2023 FyreBx T3 Skidsteer
Attachment
1 Owned
Lowbed 25 FT 2008 Kenworth T800 Wheeled 1 Owned
Lowbed 25 FT 2014 Kenworth T680 Wheeled 1 Owned
Service Truck Class 8 w/
Crane
2020 Peterbilt 337 Wheeled 1 Owned
Crew Truck Class 5 2020 Ford F550 Wheeled 2 Owned
Crew Truck Class 3 2020 Ford F350 Wheeled 1 Owned
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Understanding & Work Approach
Statement of Availability to Perform
Warner Enterprises and its subcontractors have no conflicting obligations that would prevent them from timely completion of this contract. If awarded, WEI will mobilize our Project Management team within 48 hours of Notice to Proceed (NTP) and/or Initial Work Order (WO). Within 5 working days of the NTP/WO, WEI will deploy up to 5 Hazard Tree Removal Crews for each branch area.

We anticipate our team collectively cutting and removing an estimated 31 trees per crew per day, over approximately 340 crew days. These estimated production rates will allow for our crews to complete the project within three to four months, depending on the number of crews working and the rate at which work orders become available. Our team will add additional crews beyond the 10 required as necessary to expedite production and assure timely completion of the project.

If considered best value to the Town of Paradise and the local community, WEI would like to be considered for an award of both the East and West branches of Paradise. Not only are the majority of our key personnel locals to Paradise, but WEI would be utilizing an abundance of local subcontractors and other local resources to complete this project. We are confident our team can handle the size and scale of both branches and our available resources have the experience and expertise to execute this scope of work. We believe this proposal will deliver TOP the most efficient and cost-effective services, while also providing extra care to our local community by utilizing hometown crews and resources.

Potential Benefits of a Single Award
● One point of contact for the BCFSC/TOP
● Reduction of mobilization of specialty equipment
● Ability to divert resources as needed between both branches ● Reduce the overhead cost of management, biologist/archeologist, and field coordinators ● Less risk of crew delays, can shiȦ crews to either branch to continue operations if necessary ● More work orders for the local subcontractors participating in our proposal ● Higher trucking efficiency to ensure trucks stay mobilized If TOP elects to award two prime contractors, WEI requests a preference for the East Branch of Paradise due to the unique challenges, stream courses, and high-volume parcels. Our teamʼs capability has been proven on similar projects in the past. WEI has both the equipment and experience to navigate in lieu practices and overcome challenges that may arise on this portion of the project. WEI believes if the project is divided that our team would provide maximum benefit to TOP if awarded the East Branch. 366
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Planning
Warner Enterprises understands the importance of the communication command structure when performing projects at this scale and complexity. Our Project Manager(s) will act as the main point of contact to the TOP/BCFSC, providing coordination, updates on progress, and assisting in finding solutions to any issues that may arise.

If awarded, WEI anticipates performing a thorough pre-inspection of each parcel released by the TOP/BCFSC via a Work Order. Our team will inspect each property, checking for flagging of boundaries, infrastructure, sensitive areas, potential hazards, access issues, and traffic control needs. If access is needed from an adjacent parcel not signed up for the program to safely remove a tree or accelerate production, we will notify the TOP/ BCFSC and request a “Right of Access” for said parcel. We anticipate acquiring all necessary permits during the initial pre-inspection phase of the project to ensure that the crews are able to begin operations promptly upon mobilization to the project.

During our reconnaissance of the project, we have observed many trees are missing paint and/or tree tags. We will work together with the TOP/BCFSC providing any assistance necessary to locate each tree and ensure each parcel is ready, streamlining operations.

In addition to verifying the information above, we will visually inspect the site to prescribe what equipment will be most suitable to perform operations, planning chipping and haul-off logistics, and the possible BMPs required for the specific site conditions. During this inspection we will attempt to identify any pre-incidental, live, or dead trees within striking distance of PG&E infrastructure and report these findings to the TOP/BCFSC. Our team will provide a 48-hour notice to landowners before commencing work.

Our key personnel have performed many projects requiring alternative methods to remove hazard trees that typically would not be eligible for removal under the California Forest Practice Rules within FEMA funded projects. When these issues arise our Project Manager, Superintendent, and RPF will work together to assess the specific site and put a plan together to propose the best course of action to mitigate these hazards. In past projects we have created a written plan for a desktop review prior to authorization. Many sites would require a field meeting with the applicable agencies (CalFire, the Water Board, and Fish and Wildlife) for additional comments or considerations. Only once all modifications have been considered and/or altered and all agencies have consented to the proposed work plan we will move forward to execute operations. These sites typically require additional erosion control methods which will be determined in the approval process and implemented during and aȦer operations take place.

Identification of Work Orders having trees designated for lop and scatter will be vital in the planning process. If the lop and scatter trees are approved, we would plan on developing a crew to specifically tackle the work orders where slope, brush, and terrain will challenge the safety and ability of the fallers to complete these trees. Additional resources will be provided to ensure the proper support and 367
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safety in mitigating these hazards. WEI is confident our team has the experience and individuals needed to meet the specifications required by the TOP/BCFSC in completing this scope of work.

It is of extreme importance to show respect to the surrounding environments, archaeological and cultural resources, the local ecosystems, and the overall health of the public. When performing work, we always make it a point to keep good lines of communication open with any external agencies involved to ensure the right protection measures are in place and collectively work to mitigate any issues that may arise.

Hazard Tree Removal Operations
Our Superintendent and pre-inspection team will assess the available parcels and work together to ensure that each property is assigned to the proper crew. We plan to work with the TOP/BCFSC to develop runways of parcels for each crew to ensure the project is progressing in an safe, productive, and efficient manner.

AȦer the pre-inspection phase of the project, but before operations begin on each parcel, a 360-walk of the parcel by the Crew Foreman will take place. The Crew Foreman will confirm their work approach and observe any potential hazards or other safety concerns and record these findings on their site-specific Job Site Analysis (JSA). Equipment inspection will take place before operations begin at each site to ensure that all machines are in proper working condition and not showing signs of leakage.

WEI crews will operate within the hours of 7:30 am to 6:00 pm. Crews will work together to assess/request pre-incidental trees, mitigate all standing hazard trees, and process material for skidding and efficient removal to a safe location for hauling. We anticipate our cutters having the ability to relocate to the next Work Order to begin felling operations once all material has been processed for the wood management portion of the crew. We will work in a cohesive manner to support each other's work activities to allow for an efficient felling, wood management, and removal process meeting contractual requirements, Forest Practice Rules, and Town of Paradise Municipal Codes. All stumps will be cut and leȦ no more than 10” in height. Chipping will be required for some parcels, especially sites needing additional erosion control. Chips will be spread throughout the disturbed area (excluding building footprints) not exceeding 4ʼʼ in depth.

All crews will work diligently to ensure existing infrastructure is identified and protected before and during our operations. Many locations observed during our field review require alternative methods in order to remove all the associated material. Our team will work together to identify these issues and will have a plan in place implementing required machines and/or haul trucks to safely remove the specific trees. Any post incidental trees damaged during operations will be removed at no cost by WEI.

WEI will ensure during operations all crews be provided proper sanitation facilities either onsite or in close proximity. In addition, dust control mitigation will be implemented, and roads will be kept clean where necessary with a street sweeper.
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During operations our crews will work closely with our management team and the TOP/BCFSC representatives to ensure that all activities are conducted in compliance with the Forest Practice Rules.

We anticipate each work order to be prepared and a plan in place before operations begin. However, if unexpected situations occur (discovery of arc sites etc.), having been overlooked in the pre-inspection phase, our crews will immediately cease work and notify their Superintendent. The Superintendent or Project Manager will be responsible for notifying the TOP/BCFSC representatives and our management team of any issues arising from the crews. Our team will work collectively with the TOP/BCFSC representatives to ensure a proper plan is in place to mitigate any new findings.

Data Collection & Project Tracking
Warner Enterprises will provide a full-time Project Engineer, making it achievable to obtain accurate and up-to-date data on progress in hazard tree removal, hauling, and end-use across all Hazard Tree Removal Crews. Our Project Engineer will work with the Hazard Tree Removal Crews, Superintendents, Quality Control Manager, and TOP/BCFSC to ensure the proper utilization of the ArcGIS Field Maps feature access hosted by the TOP/BCFSC and will troubleshoot in the field as needed. During operations, Field maps will not only be used to help locate and distinguish each enrolled tree by its characteristics (GPS, species, DBH, and height), but to document the removal status (chipped on-site, Lop & scattered, or removed to an approved end-use facility) and stump photo with tree tag ID of each enrolled tree once felled. In addition, the Hazard Tree Removal Crews will assist in documenting any necessary notes and identify the presence of new or existing damage.

Beyond the use of the TOP/BCFSC hosted Field Maps to track hazard tree removal, our teams will schedule daily virtual meetings to communicate progress and address any issues pertaining to operations. We plan to implement a detailed dispatch report submitted routinely by the Superintendents and/or Crew Foreman. This model will ensure that each crew is on track with the target production goals, assist management in making on-the-fly operational adjustments, and provide backup data for tree removal reconciliation if the need arises.

Hauling to end-use will be tracked via daily truck tags. As required each tag will document the respective loads hauled that day. Apart from haul times, all addresses contributing to each specific load will be documented and have the end-use certified weight slip attached. We are confident that we can provide accurate and detailed data to the TOP/BCFSC in a timely manner for progress tracking, documentation, and invoicing necessary for FEMA Funding requirements. 369
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Quality Control
Warner Enterprises plans to perform quality control during all phases of operations. Our Superintendent, RPF, and/or other management team members will periodically check each parcel or area of work to ensure that we are meeting the specifications and contractual requirements given by the TOP/BCFSC. If any marked trees are missed or material leȦ onsite needing removal, WEI will coordinate with the TOP/BCFSC to redirect our crews to complete these tasks.

Our Quality Control team will perform daily inspections of completed work for each crew. We plan to utilize ArcGIS to digitally track progress and visually inspect the work being performed. Reconciliation of data will take place by our management team to ensure all cut trees/stumps are accounted for. All crews will be outfitted with tablets or smartphones with access to Field Maps/ArcGIS to verify that we are operating within the boundaries and abiding by the restrictions for sensitive areas within the contract.

AȦer each parcel is complete and visually inspected/QCʼed by our Quality Control or management team, TOP/BCFSCʼs Project Manager will be notified to schedule an inspection for final completion sign-off.

Damages
Warner Enterprises and its subcontractors will take all possible measures to avoid any damage to private or public property throughout the duration of the contract. With local subcontractors being utilized, we see less risk of damages versus using crews from out of the area. Our team's shared values make us confident that extra caution will be provided to each landowner, private, and public property.

Each Hazard Tree Removal Crew will take before and aȦer photos of threatened infrastructure that is in close proximity to our operations. If any damage is created during operations, we will have a protocol in place to notify the TOP/BCFSCʼs Project Manager as soon as possible. We will work with each landowner and the TOP/BCFSC to come to an agreement on how to resolve any issues that may arise.

All damages deemed the fault of WEI will be repaired at our expense within 10 working days aȦer notification of the TOP or BCFSC.

Temporary Processing Yard, Haul-Off, & End Use Facilities Warner Enterprises does not anticipate the need for a Temporary Processing Yard at this time. If the need arises aȦer the award, we would ensure that the designated site meets all federal, state, and county regulations and receive authorization before delivering material.

Our team plans on utilizing grapple trucks, end dumps, and log trucks to remove the material associated with this project. Each site will need to be assessed for accessibility and type of material 370
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before a specific type of truck is dispatched. We anticipate having up to 20 trucks if necessary to support this project.

We expect hauling all material associated with this project, with the exception of the material chipped for erosion control to the below facilities:

California Hotwood
2865 S 5th Avenue
Oroville, CA 95965
Warner Enterprises, Inc.

Latona Biomass Complex
19195 Latona Rd
Anderson, CA 96007
Old Durham Wood, Inc.
8616 Durnel Dr. Durham,
CA 95938
Earthworm Soil Factory
(pending approval)
2552 Clark Road
Butte Valley, CA 95965
*Letters of commitment will be submitted if awarded prior to deployment of material to all end-use facilities.

WEI plans to have our Superintendents handle the daily truck dispatching for this contract. At the end of the day each crew will report to their Superintendent anticipated loads per site, along with the type of truck needed to be able to schedule for pickup accordingly. WEI will ensure that all material is removed from each Work Order in a timely fashion aȦer cutting and wood management is complete.

We will utilize our internal trucking capabilities in addition to subcontractor resources to ensure that we are prepared for all the potential issues that may arise. If there are sites needing priority attention due to circumstantial constraints and/or safety concerns, this material will be removed in an expedited manner.

Safety
The safety of our employees, TOP/BCFSC personnel, support agencies, and the public is the top priority of Warner Enterprises. Being almost entirely local, our Key Personnel and tree crews are extremely familiar with navigating the project area. Our team is keenly aware of the challenges and obstacles they will face during implementation of the contract objectives. Before arriving at a new parcel, crews will have plans in place for traffic control and public safety based upon each siteʼs unique needs and will ensure all operations are properly marked, meeting the requirements for signage and flagging. Properly trained flagging personnel will be provided as needed making sure any vehicles or pedestrians that may approach have safe passage through work zones. The use of handheld radios will be enforced to facilitate communication between crews.
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While performing operations our Safety Manager and Superintendents will ensure all personnel and equipment meet the safety requirements for each specific task. If removal of a designated tree proves unsafe to the public or crews, WEI will work with the TOP/BCFSC staff to effectuate a solution, mitigating the hazard in the safest manner possible. All personnel will be trained and have a site-specific emergency plan and Injury Illness Prevention Plan (IIPP) to refer to in the case of an incident. All crew members have smartphones and radios to call out in case of an emergency. WEI will implement JSAʼs for each site and conduct routine safety tailgate meetings, emphasizing potentially high hazard areas and/or topics that may cause additional safety concerns.

Our team possesses the skills required to perform all aspects of this scope of work and has a program in place to cohesively train existing personnel and orient new hires. All WEI employees possess CPR/First Aid certification and are routinely trained on emergency evacuation protocols. This investment and preparation in safety training provides project personnel, as well as the public, with an environment of protection and prevention of unnecessary danger and injury.

WEI has been conducting forestry operations under California Forest Practice Rules for decades and has a complete understanding and is well versed in following the Fire Plan and requirements solicited in this Request for Proposal.
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References & Background
FEMA Emergency Projects
June 2018
Project: Valley Fire Hazard Tree Mitigation Phase I & II Project (Lake County) Contract Amount: $1,632,498
Contact: Lars Ewing; Lake County Public Services Director (707) 262-1618 Description: FEMA-funded project monitored by Lake County personnel and Tetra Tech. Hazard tree cutting and removal on county right-of-ways. Mitigate hazards and protect improvements as per contract requirements.

December 2018-March 2019
Project: USACE Fire Mission - Tubbs Fire Debris Removal (Sonoma/Napa Counties) Contract Amount: $1,500,000
Contact: Gerardo Castillo office 800-244-5094 cell 512-565-3704 Description: FEMA-funded emergency debris removal performed under Ashbritt Environmental, the prime contractor.

April 2019
Project: Hazardous Tree Removal Services Carr Fire (Shasta County) Contract #704012
Contract Amount: $950,000
Contact: Kevin Maple; Shasta County Public Works (530) 225-3834 Description: FEMA-funded project monitored by Shasta County Public Works representative.

Hazard tree removal and processing of hazard trees in County ride-of-ways to protect public roadways and infrastructure
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BCFSC Projects
April 2022
Project: Skydog Fuels Reduction Project
Contract Amount: $162,500
Scale: 65 acres w/ 120 loads of Biomass and Firewood removed (valued at $96,000) Cal Fire Permit: 2-22EX-00390 BUT
Contact: Taylor Nilsson BCFSC; Kieran OʼLeary BCFSC; Trevor Sherman BCFSC Description: Mechanical and Manual tree removal to remove fire-damaged vegetation. Feller buncher piles skidded, chipped and removed to SRM, a biomass power plant in Anderson, CA.

Firewood was delivered to California Hotwood in Oroville and Espinosa in Gerber. Follow up mastication to mitigate slash and brush concentrations.

May 2022
Project: Campfire: Dry Creek Fuels Reduction Project
Contract Amount: $155,500
Scale: 110 Acres w/ 25 loads of Firewood, 15 loads chips delivered to SRM Biomass Plant Cal Fire Permit: 2-22EM-00042 BUT
Contact: Trevor Sherman BCFSC; Kieran O'Leary BCFSC
Description: Fuels reduction project resulting from extreme fire damage in Dry Creek Drainage.

Mechanical cutting and mastication of damaged fuels, spacing of remaining live trees, and mastication of tops and brush to reduce fuel loading.

November 2022
Project: Skylock and Maple Creek Fuels Reduction and Forest Health Project Contract Amount: $553,500
Scale: 404.5 Acres & chips delivered to SRM biomass plant in Anderson, CA Cal Fire Permit: 2-22EM-00280
Contact: Kieran OʼLeary, Taylor Nilsson; Katie Battaglia BCFSC Description: Mechanical thinning of trees with feller buncher, skidder, chipping and removal.

Mastication of brush to mitigate fuel loading and promote forest health. 374
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February 2023
Project: Coutolenc Forest Health Restoration Project
Contract Amount: $190,500
Scale: 130 Acres
Federal Permit: CX DOI BLM -CAN 060-2019-0028-EX
Contact: Dallas Koller BCRCD; Kieran OʼLeary BCFSC; Katie Battaglia BCFSC Description: Mechanical Treatments including feller bunching, skidding and chipping of material damaged in the Camp Fire. Larger material was processed into firewood logs. Smaller trees were chipped and delivered to SRM biomass power plant in Anderson, CA. Follow-up mastication to further reduce fuel loading to enhance site prep and replanting. 375
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Certifications
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Proposal Summary Form
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