Town of Paradise
Town Council Meeting Agenda
6:00 PM – January 14, 2025
Town of Paradise Council Chamber – 5555 Skyway, Paradise, CA
Meeting Procedures
I. The Mayor is the Presiding Chair and is responsible for maintaining an orderly meeting. The Mayor calls the meeting to order and introduces each item on the agenda.
II. The Town staff then provides a report to Council and answers questions from the Council.
III. Citizens are encouraged to participate in the meeting process and are provided several opportunities to address Council. Any speaker addressing the Council is limited to three minutes per speaker - fifteen minutes per agenda item A. If you wish to address the Council regarding a specific agenda item, please complete a “Request to Address Council” card and give it to the Town Clerk prior to the beginning of the meeting. This process is voluntary and allows for citizens to be called to the speaker podium in alphabetical order.
Comments and questions from the public must be directed to the Presiding Chair and Town Council Members (please do not address staff.) Town staff is available to address citizen concerns Monday through Thursday at Town Hall between the hours of 8am and 5pm.
B. If you wish to address Council regarding an item not on the agenda, you may do so under Item 4, “Public Communication.” Again, please fill out a card and give it to the Town Clerk before the meeting. State Law prohibits Council action on items not listed on a public agenda.
In compliance with the Americans with Disabilities Act (ADA) Compliance, persons who need special accommodations to participate in the Town Council meeting may contact the Town Clerk at least three business days prior to the date of the meeting to provide time for any such accommodation.
Town Manager, Jim Goodwin
Town Attorney, Scott E. Huber
Town Clerk/Elections Official, Melanie Elvis
CDD, Planning & Onsite, Susan Hartman
CDD, Building & Code Enforcement, Tony Lindsey
Finance Director/Town Treasurer, Aimee Beleu
Public Works Director/Town Engineer, Marc Mattox
Division Chief, CAL FIRE/Paradise Fire, Jason Finney
Chief of Police, Eric Reinbold
Recovery & Economic Development Director, Colette Curtis Human Resources & Risk Management Director, Crystal Peters Information Systems Director, Luis Marquez
Mayor, Steve Crowder
Vice Mayor, Steve “Woody” Culleton
Council Member, Greg Bolin
Council Member, Heidi Lange
Council Member, Ronald Lassonde
1 1. OPENING
1a. Call to Order
1b. Pledge of Allegiance to the Flag of the United States of America 1c. Invocation
1d. Roll Call
1e. Financial Update - Jim McCourt from Meeder Investments (Introduction by Finance Director Aimee Beleu)
1f. Presentation on grazing and prescribed burns by the Butte County Fire Safe Council and Town of Paradise Emergency Operations Coordinator Jim Broshears. (Introduction by Recovery & Economic Development Director Colette Curtis)
1g. p5 Camp Fire Recovery Updates - Written reports are included in the agenda packet.
Colette Curtis, Recovery and Economic Development Director - recovery projects, advocacy, economic recovery and development, communications, emergency operations and Housing updates.
Marc Mattox, Public Works Director/Town Engineer -infrastructure and sewer updates.
Tony Lindsey, CDD-Building and Code Enforcement- Code Enforcement update.
2. CONSENT CALENDAR
One roll call vote is taken for all items. Consent items are considered to be routine business that does not call for discussion.
2a. p18 Approve the minutes of the December 10, 2024 Regular Town Council meeting. (Town Clerk/Melanie Elvis)
2b. p26 Approve December 2024 Cash Disbursements in the amount of $10,448,662.86. (Finance Director/Aimee Beleu)
2c. p35 1. Adopt Resolution No. 2025- _____, “A Resolution of the Town Council of the Town of Paradise Approving an Allocation of Funding and the Execution of a Grant Agreement and Any Amendments Thereto From The CDBG-DR Program”; and, 2. Authorize staff to allocate the additional CDBG-DR Program funding as needed to the current Multifamily projects that have already been underwritten and conditionally approved by DRMHP. (Recovery & Economic Development Director/Colette Curtis) 2d. p46 Adopt Resolution No. 2025-__, “A Resolution of the Town Council of the Town of Paradise, California, Reporting Unexpended Development Impact Fees in Accordance with Government Code Section 66006.” (Finance Director/Aimee Beleu)
2e. p59 1. Consider concurring with staff’s recommendation to allow Paradise Town Manager to approve amendments to the current Master Services Agreement with HDR so long as the amendment does not affect the overall budget that was originally approved and the overall intent of the Master 2 3 Services Agreement; and, 2. Adopt Resolution No. 2025-____ “ A Resolution of the Town Council of the Town of Paradise, Receding and Replacing Resolution No. 23-22, and Designating Authority to the Town Manager to Execute Individual Task Orders and Amendments Under The Resultant Master Agreement For RFQ 2023-001 On-Call Owner’s Agent Up To The Maximum Contract Aggregate Amount Of $5,000,000 To Expedite and Facilitate the Paradise Sewer Project, Initial Design And Progressive Design Build Process.” (Town Engineer/Marc Mattox)
3. ITEMS REMOVED FROM CONSENT CALENDAR
4. PUBLIC COMMUNICATION
For matters that are not on the Council business agenda, speakers are allowed three (3) minutes to address the Council. The Town Council is prohibited from taking action on matters that are not listed on the public agenda. The Council may briefly respond for clarification and may refer the matter to the Town staff.
5. PUBLIC HEARINGS
For items that require a published legal notice and/or a mailed notice:
Public Hearing Procedure:
A. Staff Report
B. Mayor opens the hearing for public comment in the following order:
i. Ask Town Clerk if there are any cards submitted
ii. Ask if there is anyone else wishing to comment
C. Mayor closes the hearing
D. Council discussion and vote
5a. p65 Conduct a duly notice and published public hearing to solicit comments and/or suggestions regarding the CDBG 2025-2029 Consolidated Plan and 2025-2026 Annual Action Plan. (Recovery & Economic Development Director/Colette Curtis)
5b. p68 1. Hold a bid protest hearing related to the bid protest from J.W.
Bamford, Inc.; and 2. Reject the bid protest by J.W. Bamford, Inc. for the HMGP Category 4 Hazard Tree Removal Program; or 3. Provide alternative direction to Staff. (ROLL CALL VOTE) (Town Attorney/Scott E. Huber) 5c. p97 1. Hold a bid protest hearing related to the bid protest from P31 Enterprises, Inc.; and 2. Reject the bid protest by P31 Enterprises, Inc. for the HMGP Category 4 Hazard Tree Removal Program; or 3. Provide alternative direction to Staff. (ROLL CALL VOTE) (Town Attorney/Scott E.
Huber)
6. COUNCIL CONSIDERATION
Action items are presented by staff and the vote of each Council Member must be announced. A roll call vote is taken for each item on the action calendar.
Citizens are allowed three (3) minutes to comment on agenda items. 6a. p200 Consider approving the attached Professional Services Agreement and authorize the Town Manager to execute the following contract with Warner Enterprises. (ROLL CALL VOTE) (Recovery & Economic Development Director/Colette Curtis)
3 6b. p276 1. Consider waiving the first reading of Town Ordinance No. _____ and read by title only; and, 2. Introduce Town Ordinance No. ____, “An Ordinance of the Town Council of the Town of Paradise Authorizing the Implementation of a Community Choice Aggregation Program in the Town of Paradise Under Public Utilities Code section 366.2.” (ROLL CALL VOTE) (Recovery & Economic Development Director/Colette Curtis) 6c. p281 Consider adopting Resolution No. 2025-___, “A resolution of the Town Council of the Town of Paradise Approving the Plans, Specifications and Estimate for the 2025 Off-System Road Rehabilitation Project and Authorizing Advertisement for Bids on the Project”. (ROLL CALL VOTE) (Town Engineer/Marc Mattox)
6d. p287 1. Consider waiving the entire first reading of Town Ordinance No. 6______ and read by title only; and, 2. Introduce Town Ordinance No. _____, “An Ordinance of the Town Council of the Town of Paradise Amending Sections 8.58.010 - 8.58.60 of the Paradise Municipal Code related to Defensible Space/Hazardous Fuel Management and Fuel Break Requirements.” or, 3. Provide alternative directions to Town staff. (ROLL CALL VOTE) (Community Development Director/Tony Lindsey)
7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items:
1. Discuss interest in forming a Liaison Committee between the Town of Paradise and Paradise Unified School District. (LANGE)
7b. Council reports on committee representation
7c. Future Agenda Items
8. STAFF COMMUNICATION
8a. Town Manager Report
9. CLOSED SESSION - None
10. ADJOURNMENT
4 Town of Paradise
Council Agenda Summary
Date: January 14, 2025
Agenda Item: 1(g)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Monthly Recovery Update
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. None
Background:
This report continues the Monthly Updates provided to keep the Town Council apprised of important developments related to the recovery of the Town of Paradise from the Camp Fire.
Included in this update are items related to recovery projects, advocacy economic recovery and development, communications and emergency operations.
Analysis:
ECONOMC DEVELOPMENT
CDBG-DR Economic Development
The Town of Paradise submitted an application for a Workforce Training Center, located on the Paradise High School campus.
The project is a partnership between the Town of Paradise, Butte College, PUSD, Valley Contractors Workforce Foundation, and NoRETC.
The Standard Agreement is being routed for signature.
Insurance
The Town participated in a tour with the Insurance Commissioner and community members, followed by a visit with an Insurance Company and media. The Town expects significant changes and improvements in the availability and affordability of insurance in the coming year.
Healthcare
The Town of Paradise and Adventist Health Feather River Foundation are working together to create a Strategic Healthcare Recovery Plan to assess current inventory, existing gaps, projections, and a strategic plan for filling the gaps. 5 The Plan is expected to be ready by Spring 2025.
Biz Pro Academy
In an effort to make the path to opening a business in Paradise easier, the Town is creating a training program for local volunteers to help potential business owners through the process as mentors.
The program is under development, with a goal of holding the first training in Spring 2025.
RECOVERY
Overall Hazard Mitigation Project Update
Years of efforts are complete on the pre-award work on all our projects. All projects are fully approved and funded.
Category 4 Tree Removal Program
Project is fully funded and moving forward.
Work has officially begun on completing the required property survey work in order to have properties ready for tree removal as soon as weather allows. Contracts are in place and executed for all necessary roles with the exception of the tree cutting contractor. The tree contractor contract approval is later in this January agenda. 376 properties are moving forward with tree removal. These properties represent over 90% of the total trees eligible for removal in the program from Phase 1 assessments.
Early Warning System
All 21 Towers are standing and operational.
20 of the 21 Towers are now fully complete.
The final tower is expected to be connected to power in the next month. Infrastructure for the in-home units is beginning and we expect the first units to arrive and be distributed this winter.
We are working with contractors to turn over full control of the system to the TOP dispatch center.
The operational guidelines were presented to Town Council and approved in November 2024.
Residential Ignition Resistant Retrofit Program
Project is fully funded and moving forward.
All necessary Archeological and Architectural survey contracts are in place and preconstruction survey work is beginning on properties moving forward with improvements We recently reached out to all property owners to confirm their intent to move forward with improvements and confirm eligibility. Approximately 80% have responded already and are moving forward to the next step.
As of January 12, 2025, Town staff have met with 78 of the enrolled property owners to assist them in moving forward with the bid process and selecting contractors for work. 6 Hazardous Fuels Reduction Program
Project is fully funded and moving forward.
Town staff are working with involved monitoring tribes on a plan and timeline for implementation.
Defensible Space Code Enforcement
The Defensible Space Code Enforcement project was fully approved and obligated in November 2023 by FEMA and CalOES.
Town Staff are coordinating the process to implement this project in order to have the program operating for the Spring 2024 inspection season. Town Council approved implementation plan in January 2024. Grant funded staff have been hired and are in place and working in the community, this program has assisted in the Town reaching the record 95% compliance rate.
EMERGENCY MANAGEMENT
The Town remains ready for any winter storm related EOC events.
Financial Impact:
None.
7 Town of Paradise
Council Agenda Summary
Date: January 14, 2025
Agenda Item: 1(g)
ORIGINATED BY: Nadia Alekseev, Housing Program Technician REVIEWED BY: James Goodwin, Town Manager
SUBJECT: Housing Recovery Update
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
None
Background:
This report provides the Town Council with an update on Housing activities.
Analysis:
We have 37.47% of our pre-disaster housing stock to-date (1,720 surviving units + 3,186 new CofOs to-date = 4,906 habitable dwellings / 13,091 housing units before the Camp Fire). Our total number of habitable dwellings does not include the number of mobile homes replaced in mobile home parks because those permits are issued by HCD instead of the Building Dept., but mobile homes are included in the total number of pre-fire housing units. A count of replaced mobile homes is under way which will add to the total number of habitable dwellings in Paradise.
Town of Paradise Owner-Occupied Rehabilitation/Reconstruction Program ($16 million) -- This program helps homeowners rehabilitate or reconstruct their home. We have completed 62 homes, 7 are under construction, and 7 applications in process. HCD recently allowed the grantees to increase loan amounts under the CalHome OOR program to $250,000 when reconstructing a residence. The Housing Dept. made a “last call” for applicants who need to rebuild their home because the expenditure deadline for funds is at the end of 2025. However, the Housing Dept will continue to review applications for as long as funding allows. OOR funds can also be paired with the Recovery & Economic Development Department’s Residential Retrofit program. That program’s grant is limited to 75% of each projects’ cost, but Housing may be able to cover the homeowner’s 25% if the applicant also meets the OOR eligibility requirements.
Town of Paradise First-Time Homebuyer Program ($7 million) -- Helping to make homeownership more affordable. We have assisted 51 households to-date and have 15 applications in process.
CDBG-DR Multifamily Rental Housing Program ($55 million) -- Affordable rental housing. Seven (7) projects are eligible for funding; a total of 292 units. CHIP project- scattered site (4 units) has leased up
Eaglepointe- 5975 Maxwell Dr (43 units) is leasing up and still taking applications. Mayer Commons- 1561 Kay Ct (12 units) scheduled to be completed in April of 2025. Northwind Senior- 6983 Pentz Rd (21 units) scheduled to be completed in May of 2025. 8 Cypress Family- 1633 Cypress Ln (70 units) scheduled to be completed in December of 2025.
The 2 remaining projects are Cypress Senior (70 units), and Clark Rd. (72 units); currently working on securing additional funding and will be applying for tax credits in early 2025.
CDBG (2024 Annual Allocation=$52,474; unspent funds=$90,410.48) – CDBG entitlement grants are on a 5-year plan cycle called the Consolidated Plan, and this year is the 5th year in the current plan. Today is the first public hearing and start of the public comment period for comments/suggestions on funding priorities for the 2025-2029 5-year cycle. A survey will be made available to the public to collect community input on how the funds should be spent.
HOME Infill New Construction ($700,000) -- Create affordable housing for first-time homebuyers.
Grant has been awarded but still waiting for Standard Agreement from HCD.
Permanent Local Housing Allocation (PLHA) ($399,166) – Allocates matching funds to North Valley Housing Trust to administer for affordable housing projects. A predevelopment loan of $400,000 has been made for a multi-family project ($200,000 of PLHA funds) and another $75,000 of PLHA funds was loaned to build a small, single-family home. That home was just finished and sold to a low-income first-time homebuyer and Camp Fire survivor. The funds spent to construct the house were repaid to the Trust through the buyer’s purchase, meaning the Trust can now build another small, single-family home to sell to a different buyer.
Financial Impact:
None.
9 1
TOWN OF PARADISE
Council Agenda Summary
Date: January 14, 2025
Agenda No. 1
ORIGINATED BY: Marc Mattox, Public Works Director / Town Engineer REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Camp Fire Recovery Updates - Infrastructure
COUNCIL ACTION REQUESTED:
1. None, written monthly update only.
Background:
This report continues the Monthly Disaster Recovery Updates provided to keep the Town Council apprised of important developments related to the recovery of the Town of Paradise from the Camp Fire.
Analysis:
Road Rehabilitation
The Town of Paradise is endeavoring to pave every public road mile by the end of 2026. These projects are funded through Camp Fire Recovery Projects and are sequenced behind undergrounding of utilities and water service later replacements.
As of January 2025, the following paving progress can be reported:
August 2024 January 2025
Completed 25.3 miles 40.7 miles
Awarded/In-Progress 21.3 miles 5.9 miles
Planned 2025/2026 50.3 miles 49.6 miles
Total 96.2 miles 96.2 miles
In August 2024, Knife River Construction began work along various roadways in Town, map shown on next page. Recent work includes heavy road rehabilitation involving pulverizing and paving new roadway surfaces. Ongoing work includes raising utility valves to grade and final striping.
Select roadways under the current contract will have work commence in spring 2025 due to planned utility clearance efforts.
10 2
Paradise Sewer Project
11 3
On December 10, 2024, Paradise Town Council heard an informational update on the Paradise Sewer Project. Staff provided a presentation which indicated that the project as previously envisioned for a regional connection to the City of Chico’s Water Pollution Control Plant was likely financially infeasible. Further information was provided on the project’s future importance and an overview of potential options to reduce costs by constructing a local wastewater treatment plant as well as a phased approach to the overall Sewer Service Area.
A Special Town Council meeting has been scheduled for January 21, 2025 at 2pm. This meeting will include a review of the Project’s Basis of Design Report as well as seek direction from Council on pathways forward to a local wastewater treatment plant version of the project.
Capital Project Updates
Below is an abbreviated Project List intended to show the current status of each project. More information on each project’s scope and schedule can be found at www.townofparadise.com/pwe.
Typical project progressions and timeframes are as follows:
(1) Environmental, 6-24 months
(2) Design, 12 months
(3) Right of Way, 6-12 months
(4) Construction, 6-24 months
Project ID Project Title Project
Phase
Anticipated
Construction
Completion
Year
7301 On-System Culvert Replacement Complete -
7302 On-System Hardscape Replacement Complete -
7303 On-System Road Rehabilitation Construction 2026
7304 On-System Sign Replacement Complete -
7307 Neal Road Rehabilitation Design 2028
8404 Camp Fire Hydrant Repairs Design 2025
8407 Off-System Road Rehabilitation Construction 2026
8408 Off-System Culvert Repair Complete -
9389 Pentz Pathway Project Phase II Design 2028
9390 Paradise ATP Gateway Project (Neal Road
Class I) Environmental 2028
9391 Oliver Curve Pathway Phase I Design 2028
9394 Paradise Sewer Project Design 2031
9421 Forest Service Road Improvements Environmental 2027 9422 Foster/Black Olive Intersection Improvements Environmental 2027 9423 Elliott/Nunneley Road Extension Environmental 2027 12 4
9424 Skyway Link ATP (Bille to Wagstaff) Environmental 2027 9425 Upper Skyway Widening (Bille to Wagstaff) Environmental 2027 9426 Skyway/Pentz Intersection Improvements Environmental 2028 9427 Pentz Road Widening Environmental 2028
9428 Roe Road Phase 1 (Pentz to S. Libby) Environmental 2028 9430 Pearson-Hilltop Guard Rail Design 2025
9433 Animal Shelter Expansion Construction 2025
9434 Roe Road Phase 2 (S. Libby to Clark) Environmental 2028 Funding Pursuits
Below is a listing of active funding pursuits related to infrastructure recovery and status updates:
Program Project Title Amount
Requested
Anticipated
Award
Notification
Notes
RAISE 2025
Roe Road
Extension
Phase 2
Project
$25M June 2025
Project qualifies for reserved
funding in 2025 as a “Project of
Merit” in 2024. Streamlined reapplication process. Application due in early 2025.
Federal CDBGDR MIT RIP
Evacuation
Route
Changeable
Message Sign
Project
$5.4M Summer 2024
Project has been formally
awarded. Town waiting on HCD
Agreements to advance to
project kickoff.
Federal CDBGDR MIT RIP
Storm Drain
Resiliency
Project
$3.9M Summer 2024
Project has been formally
awarded. Town waiting on HCD
Agreements to advance to
project kickoff.
Federal CDBGDR MIT RIP
Private Road
Identification
Safety Project
$960,000 Summer 2024
Project has been formally
awarded. Town waiting on HCD
Agreements to advance to
project kickoff.
13 Town of Paradise
Council Agenda Summary
Date: January 14, 2025
Agenda Item: 1(g)
ORIGINATED BY: Tony Lindsey, Community Development Director, Building & Code Enforcement
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Camp Fire Recovery Updates – Code Enforcement
LONG-TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Code Enforcement Update
Background:
The Code Enforcement Division is committed to fostering a safe and appealing living and working environment. Our mission is to uphold and enhance our community's overall quality through the fair and impartial implementation of an enforcement program to rectify violations of municipal codes and land use regulations. In collaboration with residents, neighborhood associations, public service agencies, and other Town departments, we strive to:
Promote voluntary compliance with Town codes.
Identify and address violations promptly and fairly.
Foster collaboration efforts to address community concerns. Actively engage with the community in navigating the code enforcement process.
Analysis:
Under the original Urgency Ordinance, 206 RV Temporary Use Permits (TUPs) were issued.
However, only 56 are currently occupied (Exhibit A).
December November
Parcels permitted to occupy an RV 56 56
Accessory structures 13 13
RV Code Enforcement activity. Parcels with RV violations. (Exhibit B):
December November
Occupied/Unoccupied RVs 27 31
Occupied RVs with TUP Violations 1 2
Compliance gained/RV cases closed 7 12
The Community Enhancement Outreach Team, comprised of Disaster Case Managers, Fire Prevention, Housing, Police Department, and Code Enforcement personnel, visited permitted and unpermitted RV sites. Throughout these visits, the team engaged with community members to address unmet needs and provided information about available assistance programs. 14 December November
Sites Visited 6 5
Community members contacted 7 4
Tenants 0 0
Owner-occupied 6 5
Supplied contact information 0 3
Do not qualify/refused 0 0
Fire Prevention is crucial to our community's safety and supports our continued economic growth. It focuses on three primary goals: Education, Engineering, and Enforcement. Our defensible space and hazardous fuel management ordinance requires property owners to uphold fire-safe conditions regardless of residency. The dedicated Fire Prevention team conducts weed abatement inspections on 11,195 parcels throughout our community to ensure compliance and reduce fire hazards.
Escrow defensible space inspections December November
Clearance requests received 78 58
Certificates issued 67 54
Land Surveyor's Certifications 13 9
First inspection compliance rate 86% 83%
Weed abatement inspections
Compliant parcels 10,757 – 96% 10,684 – 95%
Active Code cases 377 451
Commercial parcels 16 19
Residential parcels 361 432
In October, 396 properties were identified as priority properties due to overgrown vegetation that posed a public nuisance. Since then, 216 properties have achieved compliance, reducing the total needing abatement operations to 180, with 87 being tax delinquent. Risk Management has approved twelve weed abatement contractors, and abatement work commenced in the first week of December. So far, 63 properties have been addressed with 29 tax default statuses.
Other Code Enforcement Items:
Abandoned Vehicle Authority December November
Vehicle Tows 2 1
Additionally, Code Enforcement received complaints covering various issues, including waste and refuse problems, zoning violations, construction without the required permits, fire hazards, concerns about vehicles, unauthorized dwellings, cannabis, and the absence of garbage service. 15 TUPs under ORD 612 5/31/22
RV TUP STORAGE ONLY RV TUP OCCUPIED 7/27/2022
12/21/2023 12/21/2022
10 59 EXHIBIT A
632 6/26/2024
TUP - No Utilities Provided 5 RV TUP Extended 60 7/31/2024 8/28/2024 RV TUP OCCUPIED RV TUP Extended 606159 11/26/2024 56 16
TUPs under ORD 612
RV TUP STORAGE ONLY RV TUP OCCUPIED
TUP Violations 5/31/22
Violations w/ TUP RV no TUP
12/21/2022 7/27/2022 EXHIBIT B 12 38
TUP Violations 12/21/2023 5/31/22 6/26/2024 7/27/2022 6/26/2024 12/21/2023 12/21/2022
7/31/2024 10 36 8/28/2024 8 33
er O s 5127
6/26/2024 5/31/22 7/27/2022 9/24
12/21/2023 12/21/2022
7/31/2024 8/28/2024 2 31
5/31/22 6/26/2024
11/26/2024 7/27/2022
12/21/2023 12/21/2022
7/31/2024 8/28/2024
17 TOWN COUNCIL
Meeting Minutes
6:00 PM – December 10, 2024
1. OPENING
The Regular meeting of the Paradise Town Council was called to order by Mayor Lassonde at 6:00 p.m. in the Town Council Chamber located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America.
An invocation was offered by Council Member Tryon.
COUNCIL MEMBERS PRESENT: Greg Bolin, Steve “Woody” Culleton, Steve Crowder, Rose Tryon and Ronald Lassonde, Mayor
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Jim Goodwin, Town Attorney Scott E. Huber, Town Clerk/Elections Official Melanie Elvis, Community Development Director Tony Lindsey, Public Works Director/Town Engineer Marc Mattox, Recovery and Economic Development Director Colette Curtis, Housing Technician Sarah Richter, Senior Accountant Aaron Marquez, Project Manager Brian Solecki, Police Chief Eric Reinbold, Fire Chief Patrick Purvis, and Information Systems Director Luis Marquez. 1a. MOTION by Bolin, seconded by Tryon, approved Minutes from the November 12, 2024 Special and Regular Town Council Meetings. Roll call vote was unanimous.
1b. Mayor Lassonde presented The Year in Review. (180-30-027) 1c. Mayor Lassonde presented a proclamation recognizing Council Member Rose Tryon’s service to the Town of Paradise. Teri DuBose from Congressman LaMalfa’s office, Braden Pisani a representative from Assemblymember Gallagher and Brian Dahle’s offices, and Tasha Weaver from Megan Dahle’s office also presented Council Member Tryon with recognition plaques acknowledging her service to the Town of Paradise. 1d. Police Chief Eric Reinbold presented citizen recognitions to Garrick Kind and Robert Mack for assisting Law Enforcement in a time of need. Chief Reinbold also presented Officer Diaz with a life-saving award for saving a citizen’s life in the field.
1e. MOTION by Crowder, seconded by Tryon, adopted Resolution No. 2024- 77 “A Resolution of the Town Council of the Town of Paradise Reciting the Fact of the General Municipal Election Consolidated with the Statewide 18 General Election held on November 5, 2024 Declaring the Result and Such Other Matters as Provided by Law.” Roll call vote was unanimous. 1f. Town Clerk/Elections Official Melanie Elvis presented Certificates of Election and administered Oaths of Office to newly elected Council Members Greg Bolin, Steve "Woody" Culleton, and Heidi Lange. 1g. Mayor Lassonde recessed the meeting for a 10-minute break at 6:35 p.m. 1h. Town Clerk Melanie Elvis reconvened the Council meeting at 6:45 p.m. and took roll call to include the newly seated Council Members. Greg Bolin, Steve “Woody” Culleton, Steve Crowder, Heidi Lange, and Ronald Lassonde were all present.
1i. Town Clerk Elvis, as temporary Chair, opened the nominations for the selection of Mayor for a one-year term beginning December 10, 2024 through December 9, 2025.
Council Member Culleton nominated Steve Crowder.
Council Member Bolin nominated Ronald Lassonde.
MOTION by Culleton, seconded by Bolin, closed the nominations for the position of Mayor. All Council concurred. Roll call vote to elect Steve Crowder as Mayor was unanimous. (180-35-022)
1j. Town Clerk Elvis turned the meeting over to Mayor Crowder who opened nominations for the position of Vice Mayor for a one-year term beginning December 10, 2024 and ending the first regular meeting in December 2025.
Council Member Crowder nominated Steve “Woody” Culleton.
MOTION by Culleton, seconded by Lassonde, closed the nominations for the position of Vice Mayor. All Council concurred. Roll call vote to elect Steve “Woody” Culleton as Vice Mayor was unanimous. (180-35-022) 1k. Camp Fire Recovery Updates - Written reports are included in the agenda packet. (110-60-061)
Colette Curtis, Recovery and Economic Development Director - recovery projects, advocacy, economic recovery and development, communications, emergency operations and Housing updates.
Marc Mattox, Public Works Director/Town Engineer -infrastructure and sewer updates.
Tony Lindsey, CDD-Building and Code Enforcement- Code Enforcement update.
2. CONSENT CALENDAR
MOTION by Bolin, seconded by Culleton, approved consent calendar items 2a, and 2c through 2g with item 2b being removed from the consent calendar. Roll call vote was unanimous.
19 .
2a. Approved November 2024 Cash Disbursements in the amount of $3,354,251.18.
2b. ITEM WAS REMOVED FROM THE CONSENT CALENDAR BY VICE
MAYOR CULLETON.
2c. Adopted Resolution No. 2024-79, “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." 2d. 1. Waived the entire reading of Town Urgency Ordinance No. 640 and read by title only; and 2. Adopted 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”. 2e. Approved Town of Paradise – 140 Investment Policy.
2f. 1. Concurred with staff’s recommendation to accept 20 of 21 Early Warning Sirens as complete; and, 2. Concurred with staff’s recommendation to extend the HQE Systems contract for construction of the Early Warning Sirens to June 20, 2025; and, 3. Approved the Fourth Amendment to the HQE Systems contract authorized the Town Manager to execute the contract extension.
2g. Authorized 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) and 2.
Adopted Resolution No. 2024-78, “A Resolution of the Town Council of the Town of Paradise Approving the Department of Forestry and Fire Protection (CAL FIRE) Agreement #7GF24075 Accepting a Grant Award Under the Volunteer Fire Capacity (VFC) Program of the Cooperative Fire Assistance Act of 1978 in the Amount of $10,000.”
3. ITEMS REMOVED FROM CONSENT CALENDAR
2b. Adopt Resolution No. 2024-___ “A Resolution of the Town Council of the Town of Paradise Rescinding Resolution No. 14-37 and Adopting the Revised Council Member Handbook.”
Vice Mayor Culleton pulled item 2b from the consent calendar.
MOTION by Lassonde, seconded by Culleton, tabled Item 2b to a future Town Council meeting and provided direction to staff to include a red-lined 20 version of the proposed handbook with the staff report. Roll call vote was unanimous.
4. PUBLIC COMMUNICATION
1. Chris Rehmann spoke on behalf of the Paradise Irrigation District’s Board and said the Board would like to discuss ways to partner with and support the Town’s Paradise Sewer Project.
2. Carrie Max shared that she recently broke ground on a new house with Recover California.
3. Brian Happ spoke in favor of the Town’s weed abatement program but implored the Town to consider the people and the hardships on landowners.
4. Jaime Happ spoke in favor of the Town’s weed abatement program but asked the Council to remember there are people behind the rules.
5. PUBLIC HEARINGS
5a. Housing Technician Sarah Richter presented proposed changes to the CDBG 2019-2020 Annual Plan which would reallocate $200,000 from an emergency rental assistance activity to Public Services to prepare, prevent, and respond to COVID, including, supporting Paradise Recreation and Park District’s Neighbor 2 Neighbor Program and Chico Meals on Wheels.
Mayor Crowder opened the public hearing at 7:04 p.m.
Mayor Crowder closed the public hearing at 7:04 p.m.
MOTION by Bolin, seconded by Lassonde, approved the proposed Substantial Amendment to the CDBG 2019-2020 Annual Plan to allocate $200,000 from emergency rental assistance activity to Public Services to prepare, prevent and respond to COVID. AYES: Greg Bolin, Heidi Lange, Ronald Lassonde, and Steve Crowder, Mayor; NOES: Steve “Woody” Culleton; ABSENT: None; ABSTAIN: None
6. COUNCIL CONSIDERATION
6a. Council appointed Council representatives and alternates to represent the Town of Paradise on various local and regional boards, committees, and commissions. (Committee assignments attached) (120-10-010) Council Member Bolin rescued himself from the dais due to a potential conflict of interest at 7:20 p.m.
21 6b. Town Engineer Marc Mattox presented an informational update on the Paradise Sewer Project summarizing recent developments in funding pursuits and construction cost estimates.
1. School Board Member Bill Sharrett said it cost the School District more money to rebuild because the Town doesn’t have a sewer and asked about the Paradise Sewer Regionalization Project Advisory Committee.
2. Jared Kramer shared that the sewer project is integral to his business’s growth and asked about additional parking in the downtown area.
3. Jon Remalia thought Council should wait to see what the Federal Government was planning to fund before deciding on a reduced project and said the Town couldn’t afford to keep throwing money after it.
Individual Council members offered their thoughts on how to proceed, including bringing back options for reallocating funds to the project; more options for a reduced sewer service area that would include not only Skyway and the downtown, but Clark Road; and to plan a community engagement meeting for the reduced scope and scale.
6c. Consider approving the attached Professional Services Agreements and authorize the Town Manager to execute the following contract with Warner Enterprises.
ITEM WAS PULLED FROM THE AGENDA DUE TO POTENTIAL
PROTESTS FROM UN-SUCCESSFUL BIDDERS.
7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items – None
7b. Council reports on committee representation:
Council Member Lange attended an event for Assemblyman Gallagher’s swear-in.
Council Member Bolin attended the monthly LAFCo meeting; a Habitat for Humanity ribbon cutting; and Paradise Police Officer swear-in.
Council Member Lassonde attended a meeting with Insurance Commissioner Lara; a Verizon ribbon cutting; the Healthcare Committee meeting; attended a meeting with the Butte County Disaster Council and a Habitat for Humanity ribbon cutting.
Vice Mayor Culleton attended the meeting with Insurance Commissioner Lara and a meeting with the Continuum of Care Committee. 22 Mayor Crowder provided an updat on HR5863, the tax bill for fire victims and shared that it passed in both the House and the Senate and is on the President’s desk. Mayor Crowder also attended the Healthcare Committee meeting; participated in several news interviews; sat on the interview panel for Police Lieutenant; and attended the Butte County Fire Safe Council Annual Summit as well as the Paradise Police Officer swear-in. 7c. Future Agenda Items:
1. Creation of a TOP/PUSD Liaison Committee (Lange)
2. Repurpose the Paradise Sewer Regionalization Advisory Committee (Crowder)
8. STAFF COMMUNICATION
8a. Town Manager Jim Goodwin reported that he participated in the meeting with Insurance Commissioner Lara; attended the Paradise Police Officer swear-in; attended the Healthcare Committee meeting as well as a workshop for the Paradise Sewer Project.
9. CLOSED SESSION – None
10. ADJOURNMENT
Mayor Crowder adjourned the meeting at 8:30 p.m.
Date approved:
By: Attest:
_____________________ _____________________________
Steve Crowder, Mayor Melanie Elvis, Town Clerk
23 2025 TOWN COUNCIL
REPRESENTATION
BUTTE COUNTY
COMMITTEES/COMMISSIONS
BUTTE COUNTY Bolin Crowder Culleton Lassonde Lange
1. Air Quality Management District A 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 A R
11. Butte County Fire Safe Council R A
LOCAL COMMITTEES/COMMISSIONS
PARADISE Bolin Crowder Culleton Lassonde Lange
1. Paradise Community Village R
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 R R
24 (Mayor & Vice Mayor)
10. Healthcare Ad Hoc Committee R R A
25 TOWN OF PARADISE
CASH DISBURSEMENTS REPORT
FOR THE PERIOD OF
December 1, 2024 - December 31, 2024
26 CASH DISBURSEMENTS REPORT
December 1, 2024 - December 31, 2024
Check Date Pay Period End Description Amount Total
12/6/2024 12/1/2024 Net Payroll - Direct Deposits and Checks $ 254,685.62 12/5/2024 12/5/2024 Net Payroll - Direct Deposits and Checks $ 1,816.13 12/20/2024 12/15/2024 Net Payroll - Direct Deposits and Checks $ 263,364.36 $ 519,866.11
Accounts Payable
Payroll Vendors: Taxes, PERS, Dues, Insurance, Etc. 443,054.56 Operations Vendors: Supplies, Contracts, Utilities, Etc. $9,485,742.19 TOTAL CASH DISBURSEMENTS ACCOUNTS PAYABLE 9,928,796.75
GRAND TOTAL CASH DISBURSEMENTS $ 10,448,662.86
APPROVED BY:
Aimee Beleu - Finance Director/Town Treasurer
APPROVED BY:
Jim Goodwin - Town Manager
27 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
AP TCB - General Checking
Check
87979 12/09/2024 Open Accounts Payable Adams Ashby Group, Inc. $21,916.65 87980 12/09/2024 Open Accounts Payable Adams Ashby Group, Inc. $6,090.25 87981 12/09/2024 Open Accounts Payable Adams Ashby Group, Inc. $10,456.75 87982 12/09/2024 Open Accounts Payable Adams Ashby Group, Inc. $18,053.35 87983 12/09/2024 Open Accounts Payable ALHAMBRA $266.93 87984 12/09/2024 Open Accounts Payable Alta Language Services, Inc. $116.00 87985 12/09/2024 Open Accounts Payable Amazon Capital Services $466.46 87986 12/09/2024 Open Accounts Payable APPLIED TESTING CONSULTANTS $879.00 87987 12/09/2024 Open Accounts Payable AT&T $89.46
87988 12/09/2024 Open Accounts Payable AT&T & CALNET3 - CIRCUIT LINES $102.91 87989 12/09/2024 Open Accounts Payable AT&T/CALNET3 - REPEATER LINES $197.05 87990 12/09/2024 Open Accounts Payable AT&T/CALNET3 - COMMUNITY PARK
$29.09
87991 12/09/2024 Open Accounts Payable AT&T/CALNET3 - Summary $29.46 87992 12/09/2024 Open Accounts Payable AT&T/CALNET3 - TH/FDPD FIBER LINES
$1,057.74
87993 12/09/2024 Open Accounts Payable Big O Tires $50.00 87994 12/09/2024 Open Accounts Payable Biometrics4ALL, Inc $7.50 87995 12/09/2024 Open Accounts Payable Bureau Veritas North America, Inc $19,800.00 87996 12/09/2024 Open Accounts Payable BUTTE CO RECORDER $188.00 87997 12/09/2024 Open Accounts Payable BUTTE REGIONAL TRANSIT $122.35 87998 12/09/2024 Open Accounts Payable CHUCK PATTERSON TOYOTA $204.05 87999 12/09/2024 Open Accounts Payable Cole Huber LLP $66,778.62 88025 12/09/2024 Open Accounts Payable Consultants Plus $848.30 88026 12/09/2024 Open Accounts Payable CONTINENTAL BATTERY COMPANY $236.65 88027 12/09/2024 Open Accounts Payable Corning Ford Inc. $57,853.80 88028 12/09/2024 Open Accounts Payable Creative Imaging Center , Dean, Gurr $1,412.66 88029 12/09/2024 Open Accounts Payable Curtis, Ryan $437.00 88030 12/09/2024 Open Accounts Payable Dokken Engineering, Inc. $71,575.18 88031 12/09/2024 Open Accounts Payable DURHAM PENTZ TRUCK CENTER $174.38 88032 12/09/2024 Open Accounts Payable Elam IT, Jon, Elam $10,027.76 88033 12/09/2024 Open Accounts Payable Explore Butte County $1,607.28 88034 12/09/2024 Open Accounts Payable GOVERNOR'S OFFICE OF
EMERGENCY SERVICES
$1,065.00
88035 12/09/2024 Open Accounts Payable GovWell Technologies Inc. $115,000.00 88036 12/09/2024 Open Accounts Payable GREAT AMERICA LEASING CORP. $145.47 88037 12/09/2024 Open Accounts Payable GREEN RIDGE LANDSCAPING $5,296.00 88038 12/09/2024 Open Accounts Payable Gregory Cundiff $350.00 88039 12/09/2024 Open Accounts Payable Gustavo Diaz $437.00 88046 12/09/2024 Open Accounts Payable HARTMAN, SUSAN $322.00 88047 12/09/2024 Open Accounts Payable Hat Creek Construction & Materials, Inc.
$568,110.44
88048 12/09/2024 Open Accounts Payable Hawkins Delafield & Wood LLP $4,187.50 88049 12/09/2024 Open Accounts Payable HDR Engineering, Inc $162,168.35 88050 12/09/2024 Open Accounts Payable HLP, INC / CHAMELEON
SOFTWARE PRODUCTS
$3,847.00
88051 12/09/2024 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV
SVCS/US BANCORP
$7,326.49
user: Aimee Beleu Pages: 1 of 7 Monday, January 6, 2025 Payment Register
TOWN OF PARADISE
From Payment Date: 12/1/2024 - To Payment Date: 12/31/2024 28 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
88052 12/09/2024 Open Accounts Payable INTERSTATE OIL COMPANY $254.78 88053 12/09/2024 Open Accounts Payable James or Lavenia Riotto $200.00 88054 12/09/2024 Open Accounts Payable Joseph McNally $39.10 88055 12/09/2024 Open Accounts Payable Kevin Sharrah Designs $852.64 88056 12/09/2024 Open Accounts Payable KNIFE RIVER CONSTRUCTION $402.46 88057 12/09/2024 Open Accounts Payable KNIFE RIVER CONSTRUCTION $1,399,814.43 88058 12/09/2024 Open Accounts Payable KNIFE RIVER CONSTRUCTION $1,864,424.52 88059 12/09/2024 Open Accounts Payable L.N. CURTIS & SONS $181.73 88060 12/09/2024 Open Accounts Payable LIFE ASSIST INC $658.19 88061 12/09/2024 Open Accounts Payable Mark Thomas & Company Inc $47,890.71 88062 12/09/2024 Open Accounts Payable Mendes Supply Company $398.19 88063 12/09/2024 Open Accounts Payable Mercy Housing California 113, L.P. $1,387,913.84 88064 12/09/2024 Open Accounts Payable Meyers Police K-9 Training, LLC $1,050.00 88065 12/09/2024 Open Accounts Payable MID VALLEY TITLE & ESCROW $100,000.00 88066 12/09/2024 Open Accounts Payable MIKE GOGGIA TREE SERVICE $2,600.00 88067 12/09/2024 Open Accounts Payable MODERN BUILDING INC. $430,384.85 88068 12/09/2024 Open Accounts Payable MUNIMETRIX SYSTEMS CORP $39.99 88069 12/09/2024 Open Accounts Payable Murphys Construction $15,500.00 88070 12/09/2024 Open Accounts Payable North State Tire Co. Inc. $4,751.86 88071 12/09/2024 Open Accounts Payable NORTHGATE PETROLEUM CO $8,422.49 88072 12/09/2024 Open Accounts Payable NV5, Inc. $44,758.43 88073 12/09/2024 Open Accounts Payable NV5, Inc. $32,489.75 88074 12/09/2024 Open Accounts Payable O'REILLY AUTO PARTS $279.46 88075 12/09/2024 Open Accounts Payable OFFICE DEPOT ACCT#36233169 $341.57 88076 12/09/2024 Open Accounts Payable OROVILLE FORD $140.37 88077 12/09/2024 Open Accounts Payable PACIFIC GAS & ELECTRIC $17,234.96 88078 12/09/2024 Open Accounts Payable PARADISE IRRIGATION DIST $4,265.80 88079 12/09/2024 Open Accounts Payable PARADISE POST $190.33 88080 12/09/2024 Open Accounts Payable Paradise Senior Associates, Limited Partnership
$1,424,868.34
88081 12/09/2024 Open Accounts Payable Payton Haury $437.00 88082 12/09/2024 Open Accounts Payable PERKINS MOBILE AUTO GLASS $1,080.00 88083 12/09/2024 Open Accounts Payable Psomas $269,761.24 88084 12/09/2024 Open Accounts Payable Safe Restraints, Inc. $1,759.18 88085 12/09/2024 Open Accounts Payable Sierra West Consulting Group Inc. $13,500.00 88086 12/09/2024 Open Accounts Payable SMS Assist LLC $104.22 88087 12/09/2024 Open Accounts Payable SONSRAY MACHINERY LLC $659.37 88088 12/09/2024 Open Accounts Payable Spherion Staffing $2,650.80 88089 12/09/2024 Open Accounts Payable T MOBILE USA, INC. $1,830.73 88090 12/09/2024 Open Accounts Payable Tahoe Pure Water Co. $84.60 88091 12/09/2024 Open Accounts Payable THOMAS ACE HARDWARE $330.88 88092 12/09/2024 Open Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
$27.13
88093 12/09/2024 Open Accounts Payable THOMAS ACE HARDWARE -
MOTORPOOL
$1.40
88094 12/09/2024 Open Accounts Payable Top Notch Commercial Cleaning Inc. $7,800.00 88095 12/09/2024 Open Accounts Payable Tri Flame Propane $236.27 88096 12/09/2024 Open Accounts Payable Utility Associates, Inc. $33.00 88097 12/09/2024 Open Accounts Payable WILSON PRINTING $135.31 88098 12/09/2024 Open Accounts Payable Wood Rodgers, Inc. $4,640.66 user: Aimee Beleu Pages: 2 of 7 Monday, January 6, 2025 Payment Register
TOWN OF PARADISE
From Payment Date: 12/1/2024 - To Payment Date: 12/31/2024 29 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
88099 12/10/2024 Open Accounts Payable Amazon Capital Services $593.43 88100 12/23/2024 Open Accounts Payable ACCESS INFORMATION
PROTECTED
$147.34
88101 12/23/2024 Open Accounts Payable ADVANCED DOCUMENT
CONCEPTS
$1.23
88102 12/23/2024 Open Accounts Payable AIRGAS SAFETY, INC. $746.05 88103 12/23/2024 Open Accounts Payable ALHAMBRA $8.54
88104 12/23/2024 Open Accounts Payable Amazon Capital Services $155.50 88105 12/23/2024 Open Accounts Payable AT&T & CALNET3 - CIRCUIT LINES $900.03 88106 12/23/2024 Open Accounts Payable AT&T MOBILITY $65.62 88107 12/23/2024 Open Accounts Payable AT&T/CALNET3 - Summary $3,483.33 88108 12/23/2024 Open Accounts Payable Bear Electrical Systems, Inc $6,195.00 88109 12/23/2024 Open Accounts Payable Bug Smart $83.00 88110 12/23/2024 Open Accounts Payable CALIFORNIA STATE DEPARTMENT
OF JUSTICE
$435.00
88111 12/23/2024 Open Accounts Payable Caltronics Business Systems/J.J. R Ent Inc
$1,598.57
88112 12/23/2024 Open Accounts Payable Coastland $1,302.19 88113 12/23/2024 Open Accounts Payable Cole Huber LLP $26,059.73 88114 12/23/2024 Open Accounts Payable COMCAST CABLE $424.63 88115 12/23/2024 Open Accounts Payable COMCAST CABLE $166.63 88116 12/23/2024 Open Accounts Payable COMCAST CABLE $429.63 88117 12/23/2024 Open Accounts Payable COMCAST CABLE $409.63 88118 12/23/2024 Open Accounts Payable COPWARE, INC. $705.00 88119 12/23/2024 Open Accounts Payable Crossfire Tree & Vegetation Services $24,720.00 88120 12/23/2024 Open Accounts Payable Culligan of Chico $140.08 88121 12/23/2024 Open Accounts Payable De Lage Landen Public Finance LLC $781.25 88122 12/23/2024 Open Accounts Payable Eidhammer, Trenton $437.00 88123 12/23/2024 Open Accounts Payable Elvis, Melanie $916.08 88124 12/23/2024 Open Accounts Payable ENTENMANN-ROVIN COMPANY $496.51 88125 12/23/2024 Open Accounts Payable Entersect $219.90 88126 12/23/2024 Open Accounts Payable EXECUTIVE HOMES $4,700.00 88127 12/23/2024 Open Accounts Payable EXECUTIVE HOMES $160,000.00 88128 12/23/2024 Open Accounts Payable FIDELITY NATIONAL TITLE
COMPANY - CHICO
$100,000.00
88129 12/23/2024 Open Accounts Payable Free Style Embroidery $48.71 88130 12/23/2024 Open Accounts Payable GREEN RIDGE LANDSCAPING $1,919.00 88131 12/23/2024 Open Accounts Payable HINDERLITER, DE LLAMAS & ASSOCIATES INC.
$1,396.77
88132 12/23/2024 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV
SVCS/US BANCORP
$4,239.63
88133 12/23/2024 Open Accounts Payable INDUSTRIAL POWER PRODUCTS $259.79 88134 12/23/2024 Open Accounts Payable Interstate Steel Structures Inc $161.63 88135 12/23/2024 Open Accounts Payable J2 Electric $32,400.00 88136 12/23/2024 Open Accounts Payable James or Lavenia Riotto $75.00 88137 12/23/2024 Open Accounts Payable Jennifer Arbuckle $3,375.00 88138 12/23/2024 Open Accounts Payable JOHNNY ON THE SPOT
PORTABLES
$186.65
88139 12/23/2024 Open Accounts Payable Kevin Sharrah Designs $1,657.50 88140 12/23/2024 Open Accounts Payable KNIFE RIVER CONSTRUCTION $653.95 88141 12/23/2024 Open Accounts Payable KNIFE RIVER CONSTRUCTION $190.15 user: Aimee Beleu Pages: 3 of 7 Monday, January 6, 2025 Payment Register
TOWN OF PARADISE
From Payment Date: 12/1/2024 - To Payment Date: 12/31/2024 30 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
88142 12/23/2024 Open Accounts Payable KNIFE RIVER CONSTRUCTION $574.16 88143 12/23/2024 Open Accounts Payable KOEFRAN INDUSTRIES $1,200.00 88144 12/23/2024 Open Accounts Payable L.N. CURTIS & SONS $3,010.09 88145 12/23/2024 Open Accounts Payable LIFE ASSIST INC $95.75 88146 12/23/2024 Open Accounts Payable MAGOON SIGNS $97.43 88147 12/23/2024 Open Accounts Payable Mark Thomas & Company Inc $27,323.66 88148 12/23/2024 Open Accounts Payable MID VALLEY TITLE & ESCROW $100,000.00 88149 12/23/2024 Open Accounts Payable MOTOROLA SOLUTIONS, INC. $9,796.73 88150 12/23/2024 Open Accounts Payable MOTOROLA SOLUTIONS, INC. $88.00 88151 12/23/2024 Open Accounts Payable MOTOROLA SOLUTIONS, INC. $9,796.73 88152 12/23/2024 Open Accounts Payable MOTOROLA SOLUTIONS, INC. $88.00 88153 12/23/2024 Open Accounts Payable Mountain Cascade, Inc. $236,630.30 88154 12/23/2024 Open Accounts Payable Murphys Construction $13,500.00 88155 12/23/2024 Open Accounts Payable NORTHERN RECYCLING & WASTE SERVICES, INC.
$9,662.12
88156 12/23/2024 Open Accounts Payable NORTHSTATE AGGREGATE, INC. $484.88 88157 12/23/2024 Open Accounts Payable O'REILLY AUTO PARTS $63.45 88158 12/23/2024 Open Accounts Payable OFFICE DEPOT ACCT#36233169 $287.76 88159 12/23/2024 Open Accounts Payable Oroville Tow & Salvage $1,250.00 88160 12/23/2024 Open Accounts Payable Pace Analytical Services, LLC $3,834.60 88161 12/23/2024 Open Accounts Payable PACIFIC GAS & ELECTRIC $10,801.68 88162 12/23/2024 Open Accounts Payable Psomas $83,547.02 88163 12/23/2024 Open Accounts Payable Reconstruction & Recovery Advisors Inc
$4,365.98
88164 12/23/2024 Open Accounts Payable Shelby's Pest Control, Inc. $80.00 88165 12/23/2024 Open Accounts Payable Sigler Pest Control $50.00 88166 12/23/2024 Open Accounts Payable SKYWAY TOWING & SERVICE $275.00 88167 12/23/2024 Open Accounts Payable Spherion Staffing $6,927.78 88168 12/23/2024 Open Accounts Payable Stratti $6,348.87 88169 12/23/2024 Open Accounts Payable SUTTER BUTTES
COMMUNICATIONS, INC.
$4,560.88
88170 12/23/2024 Open Accounts Payable Thau Handyman Services DBA Fire Safe NorCal
$500.00
88171 12/23/2024 Open Accounts Payable THOMAS ACE HARDWARE $40.92 88172 12/23/2024 Open Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
$64.03
88173 12/23/2024 Open Accounts Payable TOM'S TREE SERVICE $985.00 88174 12/23/2024 Open Accounts Payable TRUEPOINT SOLUTIONS, LLC $165.00 88175 12/23/2024 Open Accounts Payable TUCKER PEST CONTROL INC $95.00 88176 12/23/2024 Open Accounts Payable Urban Design Solar $1,406.00 88177 12/23/2024 Open Accounts Payable VERIZON WIRELESS $643.50 88178 12/23/2024 Open Accounts Payable VERIZON WIRELESS $1,367.30 88179 12/23/2024 Open Accounts Payable Voiance Language Services, LLC $6.90 88180 12/23/2024 Open Accounts Payable Williams Scotsman, Inc. (Mobile Mini) $157.35 88181 12/23/2024 Open Accounts Payable Amazon Capital Services $6.31 88182 12/23/2024 Open Accounts Payable Brush Masters $5,400.00 88183 12/23/2024 Open Accounts Payable Bureau Veritas North America, Inc $14,520.00 88184 12/23/2024 Open Accounts Payable Dewberry Engineers Inc. $39,339.14 88185 12/23/2024 Open Accounts Payable HLP, INC / CHAMELEON
SOFTWARE PRODUCTS
$2.10
user: Aimee Beleu Pages: 4 of 7 Monday, January 6, 2025 Payment Register
TOWN OF PARADISE
From Payment Date: 12/1/2024 - To Payment Date: 12/31/2024 31 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
88186 12/23/2024 Open Accounts Payable Jacobs Engineering Group Inc. $119,795.83 88187 12/23/2024 Open Accounts Payable James or Lavenia Riotto $250.00 88188 12/23/2024 Open Accounts Payable Marilyn Jane Wooley $500.00 88189 12/23/2024 Open Accounts Payable Meyers Police K-9 Training, LLC $1,600.00 88190 12/23/2024 Open Accounts Payable NORTHSTAR $806.00 88191 12/23/2024 Open Accounts Payable NV5, Inc. $18,069.02 88192 12/23/2024 Open Accounts Payable NV5, Inc. $23,476.80 88193 12/23/2024 Open Accounts Payable SCM General Contractor $7,580.00 88194 12/23/2024 Open Accounts Payable Tahoe Pure Water Co. $93.40 88195 12/23/2024 Open Accounts Payable THOMAS ACE HARDWARE $348.60 88196 12/23/2024 Open Accounts Payable THOMAS ACE HARDWARE - ENG.
DEPT.
$229.50
88197 12/23/2024 Open Accounts Payable Nicholee Stahl $71.39 88198 12/30/2024 Open Accounts Payable ICMA 457 - MissionSquare $2,332.43 88199 12/30/2024 Open Accounts Payable STATE DISBURSEMENT UNIT $656.29 88200 12/31/2024 Open Accounts Payable Amazon Capital Services $1,229.85 88201 12/31/2024 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV
SVCS/US BANCORP
$14,617.24
88202 12/31/2024 Open Accounts Payable ICMA 457 - MissionSquare $2,584.51 88203 12/31/2024 Open Accounts Payable STATE DISBURSEMENT UNIT $656.29 88204 12/31/2024 Open Accounts Payable Aflac $57.98
88205 12/31/2024 Open Accounts Payable Met Life $12,606.90 88206 12/31/2024 Open Accounts Payable OPERATING ENGINEERS $884.00 88207 12/31/2024 Open Accounts Payable PARADISE POLICE OFFICERS
ASSOCIATION
$2,282.56
88208 12/31/2024 Open Accounts Payable SUN LIFE INSURANCE $9,940.19 88209 12/31/2024 Open Accounts Payable SUPERIOR VISION SVC INC $872.20 88210 12/31/2024 Open Accounts Payable TOP CONFIDENTIAL MID MGMT
ASSOCIATION
$100.00
Type Check Totals: 201 Transactions $9,458,715.54
EFT
84 12/02/2024 Open Accounts Payable CALPERS - RETIREMENT $2,779.97 85 12/06/2024 Open Accounts Payable EMPLOYMENT DEVELOPMENT
DEPARTMENT
$12,768.33
86 12/06/2024 Open Accounts Payable INTERNAL REVENUE SERVICE $41,769.03 87 12/23/2024 Open Accounts Payable ING LIFE INS & ANNUITY COMPANY $8,715.51 88 12/24/2024 Open Accounts Payable EMPLOYMENT DEVELOPMENT
DEPARTMENT
$13,906.77
89 12/24/2024 Open Accounts Payable INTERNAL REVENUE SERVICE $43,876.32 90 12/30/2024 Open Accounts Payable CALPERS - RETIREMENT $65,594.32 91 12/31/2024 Open Accounts Payable CALPERS - RETIREMENT $65,937.60 92 12/31/2024 Open Accounts Payable ING LIFE INS & ANNUITY COMPANY $8,695.51 93 12/11/2024 Open Accounts Payable CALPERS $146,037.85 Type EFT Totals: 10 Transactions $410,081.21
AP TCB - General Checking Totals
Checks Status Count Transaction Amount Reconciled Amount Open 201 $9,458,715.54 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
user: Aimee Beleu Pages: 5 of 7 Monday, January 6, 2025 Payment Register
TOWN OF PARADISE
From Payment Date: 12/1/2024 - To Payment Date: 12/31/2024 32 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Total 201 $9,458,715.54 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 10 $410,081.21 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 10 $410,081.21 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 211 $9,868,796.75 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 211 $9,868,796.75 $0.00
user: Aimee Beleu Pages: 6 of 7 Monday, January 6, 2025 Payment Register
TOWN OF PARADISE
From Payment Date: 12/1/2024 - To Payment Date: 12/31/2024 33 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
AP - US Bank TOP AP Checking
Check
85621 12/10/2024 Open Accounts Payable Town of Paradise $60,000.00 Type Check Totals: 1 Transactions $60,000.00
AP - US Bank TOP AP Checking Totals
Checks Status Count Transaction Amount Reconciled Amount Open 1 $60,000.00 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 1 $60,000.00 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 0 $0.00 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 0 $0.00 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 1 $60,000.00 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 1 $60,000.00 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount Open 202 $9,518,715.54 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 202 $9,518,715.54 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 10 $410,081.21 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 10 $410,081.21 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 212 $9,928,796.75 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 212 $9,928,796.75 $0.00
user: Aimee Beleu Pages: 7 of 7 Monday, January 6, 2025 Payment Register
TOWN OF PARADISE
From Payment Date: 12/1/2024 - To Payment Date: 12/31/2024 34 Town of Paradise
Council Agenda Summary
Date: January 14, 2025
Agenda Item: 2(c)
ORIGINATED BY: Nadia Alekseev, Housing Program Technician REVIEWED BY: James Goodwin, Town Manager
SUBJECT: Additional CDBG-DR allocation for MHP projects
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Adopt Resolution No. 2025- _____, “A Resolution of the Town Council of the Town of Paradise Approving an Allocation of Funding and the Execution of a Grant Agreement and Any Amendments Thereto From The CDBG-DR Program”; and,
2. Authorize staff to allocate the additional CDBG-DR Program funding as needed to the current Multifamily projects that have already been underwritten and conditionally approved by DR-MHP.
Background:
This resolution is to approve and accept additional funding allocation to the DR-MHP projects as proposed by the State of California’s CDBG-2018 Disaster Recovery Action Plan Amendment #7.
The amendment proposes to reallocate unspent funds from State’s Owner-Occupied Rehabilitation and Reconstruction Program (OOR) to several other programs, one of which includes the DR-MHP Program. See State of California’s Action Plan Amendment #7 for additional details.
Analysis:
Previously, the Town of Paradise was allocated a total of $55,906,660 for DR-MHP projects; additional proposed allocation is $28,801,012 for a total of $84,707,672. This additional allocation will help close the funding gaps for current Multifamily projects that have already been underwritten and conditionally approved by DR-MHP.
Financial Impact:
None.
35 TOWN OF PARADISE
RESOLUTION NO. 2025-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
APPROVING AN ALLOCATION OF FUNDING AND THE EXECUTION OF A GRANT
AGREEMENT AND ANY AMENDMENTS THERETO FROM THE CDBG-DR
PROGRAM
BE IT RESOLVED by the Town Council of the Town of Paradise as follows:
SECTION 1:
The Town Council has reviewed the State of California’s CDBG-2018 Disaster Recovery Action Plan Amendment #7 (“APA 7”), which allocates funds to the Town as appropriated under Public Laws 115–254 and 116–20, for the Disaster Recovery Multifamily Housing Program (“DRMHP”); and the Council hereby approves the execution of a Master Standard Agreement (“Agreement”) in the aggregate amount, not to exceed, $84,707,672 (“Grant”).
The Town Council agrees to perform the following activities, as further detailed in the Agreement, as a means to facilitate the development of multifamily housing (rehabilitation, reconstruction, or new construction), pursuant to the Disaster Recovery Multifamily Housing Program (DR-MHP) Policies and Procedures:
- Implement a project solicitation process to receive multifamily development project applications from Developers;
- Underwrite, select, and prioritize those projects in accordance with the DR-MHP Policies and Procedures;
- Submit those selected and prioritized project applications to the Department; and - Oversee and monitor the construction and lease up of Department approved projects during the construction period through the affordability period.
SECTION 2:
The Town hereby authorizes and directs the Town Manager to enter into, execute and deliver the Agreement and any and all subsequent amendments thereto with the State of California for the purposes of the Grant.
SECTION 3:
With the acceptance of the APA 7 allocation, the Town Manager is authorized to enter into, execute and deliver the Notice(s) to Proceed, and any and all subsequent amendments thereto with the State of California for the purposes of the Grant.
SECTION 4:
With the acceptance of the APA 7 allocation, the Town Manager is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the Agreement for purposes of the Grant.
36 PASSED AND ADOPTED at a regular meeting of the Town Councilof the Town of Paradise held on January 14, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: __________________________________
Steve Crowder, Mayor
ATTEST:
_________________________________
Melanie Elvis, Town Clerk
APPROVED AS TO FORM:
_________________________________
Scott E. Huber, Town Attorney
STATE OF CALIFORNIA
Town of Paradise
I, ______________________________, Town Clerk of the Town of Paradise, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said Town Council on this ___ day of _____________, 2025.
By: __________________________________________
Town Clerk of the Town of Paradise, State of California 37 State of California
Action Plan for Disaster Recovery
from 2018 Disasters
Action Plan Amendment No. 7
California Department of Housing and Community Development Public Comment Period: August 26th through
September 27th , 2024
Submitted to HUD:
Approved by HUD:
For submission to the U.S. Department of Housing and Urban Development (HUD) to fulfill requirements related to Community Development Block Grant Disaster Recovery (CDBG-DR) Funds in Response to 2018 Disasters (FEMA DR-4382 and DR-4407) August 2024
38 Table of Contents
I. Background and Summary of Changes ............................................................................................ 3 II. Action Plan Amendment................................................................................................................... 4
1. Executive Summary, proposed uses of CDBG-DR Funds……………………………………… ..... 4
2. Programs Overview…………………………………………………………………………………….. .. 7 III. Public Comment.............................................................................................................................. 9 39 I. Background and Summary of Changes
On January 27, 2020, the U.S. Department of Housing and Urban Development (HUD) allocated $1,017,399,000 in Community Development Block Grant-Disaster Recovery (CDBG-DR) funds to the State of California to support California’s unmet recovery needs, related to the Federal Emergency Management Agency (FEMA) Major Disaster Declarations DR-4407 and DR4382 for the 2018 wildfire season. The funds were released in two allocations: Public Law 115-254 Unmet Needs allocation of $491,816,000 and Public Law 116-20 Unmet Needs allocation of $525,583,000.
HUD issued an approval of California’s initial 18DR Action Plan on November 19,2020 to HCD. The California Department of Housing and Community Development (HCD) manages CDBG-DR funds, in accordance with the goals and objectives set forth in the state’s initial HUD-approved Action Plan for 2018 disasters (“18DR-Action Plan”). This is the seventh amendment to this Action Plan.
The 18DR-Action Plan amendment, number seven (“APA7”), is a substantial amendment; it proposes to close an existing program from the initial HUD-approved Action Plan and repurpose the funds to other programs to prioritize the areas with the greatest unmet need, This amendment proposes to reallocate $105,220,977.02 from the 2018 Owner Occupied Rehabilitation and Reconstruction Program (OOR) to the Disaster Recovery Multifamily Housing Program (DR-MHP), Homebuyer Assistance Program (HBA), Workforce Development, and Infrastructure Program. The OOR program will continue to serve eligible applicants who have submitted applications prior to the program application deadline. The remaining funds of OOR program will be repurposed to as follows:
1. Reallocate $87,550,273 from the OOR Program to DR-MHP.
2. Reallocate $16,344,239.27 from the OOR Program to HBA.
3. Reallocate $1,006,978.75 from the OOR Program to the Workforce Development Program.
4. Reallocate $319,486.00 from the OOR Program to the Infrastructure Program.
Page numbers are provided with the proposed changes. Removed and replaced text updates have been made in the context of the named section within the Action Plan.
Summary:
Action Plan Amendment 7 (APA 7) will address changes in the following items:
1. Executive Summary, Proposed Use of CDBG-DR Funds: Provides an update for the closure of the OOR program and budget adjustments to repurpose funds from the OOR program to other housing programs.
2. Proposed Disaster Recovery Programs, Programs Overview: This section updated for program distribution and budget changes as follows:
A. Owner Occupied Housing Rehabilitation and Reconstruction Program: This section updated to reflect the closure of the OOR program and reduce the budget by 40 $105,220,977.02. These funds will be reallocated to the DR-MHP Program, HBA Program, Workforce Development Program and Infrastructure Program.
B. Multifamily Housing Program: Update to budget by relocating $87,550,273 from the OOR Program and prioritize the areas with the greatest unmet need.
C. Infrastructure Program: Update to program distribution and budget changes.
Reallocation of $319,486.00 to the Infrastructure Program from the OOR Program.
D. Workforce Development Program: Update to program distribution and budget changes. Reallocation of $1,006,978.75 to the Workforce Development Program from the OOR Program.
II. Action Plan Amendment
Text updates inserted or deleted made in the context of the section within the Action Plan are listed below.
1. Executive Summary
Remove: FIGURE 1: 2018 CDBG-DR BUDGET SUMMARY – APA 6 BUDGET (page 4 of APA 6) Program Current
Budget
APA 4
Change
APA 4
Budget
Local
Assistance
(APA 6
change)
Percentage
Total CDBG-DR Funds$1,017,399,000 N/A $1,017,399,000 N/A 100.0% Housing $483,794,752 $46,061,064.20 $529,855,816.20 N/A 52.08% Owner Occupied
Rehabilitation and
Reconstruction $207,107,638 $15,275,984.19 $222,383,622.19 $199,033,341.84 21.86% Homebuyer
Assistance Program $26,000,000 $332,686.65 $26,332,686.65 $23,567,754.56 2.59% Multifamily/Small
Rental Housing
Program $250,687,114 $30,452,393.36 $281,139,507.36 $250,687,114 27.63% Infrastructure $347,428,488 $41,920,212.80 $389,348,700.80 $347,441,663.22 38.27% Local Infrastructure
/FEMA Match $317,428,488 $41,920,212.80 $359,348,700.80 $347,441,663.22 35.32% Paradise Sewer A&E $30,000,000 $-- $30,000,000 N/A 2.95% Economic
Revitalization $40,695,960 $5,846,412.33 $46,542,372.33 N/A 4.57% Workforce
Development $40,695,960 $5,846,412.33 $46,542,372.33 $40, 694,942.60 4.57% Planning $28,217,000 $(27,434,839) $782,160.67 N/A 0.33% Technical Assistance
& Capacity Building $15,000,000 $(15,000,000.00) $0 0.00% Regional & Local
Planning Activities $13,217,000 $(12,434,839.33) $782,160.67 N/A 0.33% State and Local
Program Delivery $66,392,850 $(66,392,850.00) $0 $0 0.00% Administration $50,869,950 $ -- $50,869,950 N/A 5.00%
41 Replace: FIGURE 2: 2018 CDBG-DR BUDGET SUMMARY – PROPOSED APA 7 BUDGET Program Current
Budget APA 7 Change APA 7 Budget Percentage
Total CDBG-DR Funds $1,017,399,000 N/A $1,017,399,000.00 100.00% Housing $529,855,816.18 $(1,326,464,75) $528,529,351.43 52.1% Owner-Occupied
Rehabilitation and
Reconstruction $222,383,622.17 $105,220,977.02 $117,162,645.15 21.9% Homebuyer Assistance
Program $26,332,686.66 $16,344,239.27 $42,676,925.93 2.6% Multifamily/Small Rental
Housing Program $281,139,507.36 $87,550,273.00 $368,689,780.36 27.6% Infrastructure $389,348,700.81 $319,486.00 $389,668,186.81 38.3% Local Infrastructure
/FEMA Match $389,348,700.81 $319,486.00 $389,638,186.81 38.3% Paradise Sewer A&E $30,000,000 N/A $30,000.00 0.0%
Economic Revitalization $47,324,533.01 $1,006,978.75 $48,331,511.76 4.7% Workforce Development $46,542,372.34 $1,006,978.75 $47,549,351.09 4.6% Planning $782,160.67 N/A $782,160.67 0.1%
Technical Assistance &
Capacity Building $0 N/A 0.00%
Regional & Local
Planning Activities $782,160.67 N/A 0.0%
State and Local
Program Delivery $0 N/A 0.00%
Administration $50,869,950 N/A 5.00%
5. Proposed Use Of CDBG-DR Funds (Page 12)
Remove: The majority of funds will be allocated to housing recovery programs. This includes the state-run Owner Occupied Rehabilitation and Reconstruction Program which allows affected residents to apply directly to the state for grants up to $200,000.
Replace: The Owner Occupied Rehabilitation Program, as originally articulated in the initial Action Plan as a stand-alone program will close for new applicants as of January 31, 2024. The program will continue to assist eligible applicants who submitted applications prior to the deadline.
2. Program Overviews (page 132)
A. Housing Recovery Programs
The following provides a summary of the section with language added for closing of a program, updating allocation methodology, and increasing allocation amounts. 42 B. Owner Occupied Housing Rehabilitation and Reconstruction (page 139) This section updated to reflect the close of the Owner Occupied Housing Rehabilitation and Reconstruction Program to new applicants and reallocating remaining funds to other housing programs.
Timeline. (Page 137)
Remove: The Owner Occupied Housing Rehabilitation and Reconstruction Program is expected to commence in quarter two of 2019 and remain operational through the end of the grant term.
Replace: The Owner Occupied Housing Rehabilitation and Reconstruction Program closed to new applicants effective January 31, 2024. The program will continue to assist eligible applicants who submitted applications prior to the deadline.
C. Multifamily Housing Program
Allocation Methodology. (Page 140)
Add: To prioritize the areas with the greatest unmet need, Action Plan Amendment 7 will redirect remaining funds from the OOR program to MHP to support the oversight and implementation of the current projects and support subrecipients in the MID area with projects that have already been underwritten by DR-MHP and conditionally approved, as follows:
DR-MHP Allocation in MID
Jurisdiction Additional Allocation Amount
(proposed allocation)
County of Butte $10,619,642
County of Butte $17,870,696
County of Butte $18,511,098
Town of Paradise $28,801,012
City of Clearlake $11,747,825
TOTAL $87,550,273
D. Homebuyer Assistance Program (page 143)
This section updated to reflect the increase in the allocation amount by $16,344,239.27 Remove: Allocation Amount: $25,000,000
Replace: Allocation Amount: $42,676,925.93
E. Infrastructure Program (page 156)
This section updated to reflect the increase in the allocation amount by $319,486.00 43 Remove:
10. Unmet Needs
Funding stand-alone infrastructure projects that tie to DR-4382 or DR-4407 and the local portion of the non-federal share match on federal disaster-related grants in support of housing meet the requirement to address housing recovery needs first. Necessary infrastructure recovery must be complete before housing recovery is complete. The unmet needs assessment identified $2,838,348,374 in unmet infrastructure recovery needs. Of the CDBGDR funds received, $389,348,700.80 will be used for Infrastructure Recovery Programs, which includes an estimated 38 percent of the total program allocation.
Figure 6: Unmet Infrastructure Recovery Need
CATEGORY IDENTIFIED UNMET NEED CDBG-DR FUNDED
Infrastructure Recovery $2,838,348,374 $389,348,700.80
Replace:
10. Unmet Needs
Funding stand-alone infrastructure projects that tie to DR-4382 or DR-4407 and the local portion of the non-federal share match on federal disaster-related grants in support of housing meet the requirement to address housing recovery needs first. Necessary infrastructure recovery must be complete before housing recovery is complete. The unmet needs assessment identified $2,838,348,374 in unmet infrastructure recovery needs. Of the CDBGDR funds received, $389,668,186.81 will be used for Infrastructure Recovery Programs, which includes an estimated 38 percent of the total program allocation.
Figure 6: Unmet Infrastructure Recovery Need
CATEGORY IDENTIFIED UNMET NEED CDBG-DR FUNDED
Infrastructure Recovery $2,838,348,374 $389,668,186.81
F. Workforce Development Program (page 157)
This section updated to reflect the increase in the allocation amount by $1,006,978.75 Remove: Allocation Amount - HCD is allocating $46,542,372.33 to support workforce development in disaster impacted areas.
Replace: Allocation Amount - HCD is allocating $47,549,351.09 to support workforce development in disaster impacted areas.
III. Public Comment
44 In keeping with the State’s Citizen Participation Plan, as articulated in Section 1 and 4, under Publication, of the initial HUD-approved Action Plan, HCD published this proposed Action Plan Amendment, Number 7, on the CDBG-DR Action Plan webpage ( https://www.hcd.ca.gov/grants-and-funding/disaster-recovery-and-mitigation/action-plansand-federal-register-notices-frns ) in English and Spanish.
APA 7 will be available for public review and comment for thirty (30) days from August 26th, 2024, through 5:00 p.m. Pacific Standard Time on September 26th, 2024.
Comments can be submitted by the following methods:
• Electronic mail to ([email protected]); or
• Post mail to Disaster Recovery Section, Attn: Mona Akbar, HCD, 651 Bannon Street, Suite 700 | Sacramento, CA 95811
If submitting comments via regular post mail, please factor delivery time into your mailing date. As above, all comments must be in writing and received by HCD by 5:00 p.m. Pacific Daylight Time on September 26th, 2024.
Residents who require a reasonable accommodation or other assistance to fully participate in the public comment process can request assistance by contacting the HCD Disaster Recovery Section via the same methods, listed above, for submission of public comments.
HCD will consider all public comments received, timely and in writing, via e-mail, or delivered in person at official public hearings regarding this Action Plan Amendment, Number 7. HCD will make public comments available to citizens, public agencies, and other interested parties upon request.
A summary of all comments received, timely, will be included in the final Substantial Action Plan Amendment, Number 7, submitted to HUD for approval. Following HUD approval, all comments received, timely during the public comment period will be noted and summarized in the final, comprehensive Action Plan, as amended.
45 Town of Paradise
Council Agenda Summary
Date: January 14, 2024
Agenda Item: 2(d)
ORIGINATED BY: Aimee Beleu, Finance Director/Town Treasurer REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Report of Development Impact Fees for the Town of Paradise for Fiscal Year Ended June 30, 2024
COUNCIL ACTION REQUESTED:
1. Adopt Resolution No. 2025-__, “A Resolution of the Town Council of the Town of Paradise, California, Reporting Unexpended Development Impact Fees in Accordance with Government Code Section 66006.”
Background:
In April 1995, the Town of Paradise adopted a Development Impact Fee Program to address the cost of facilities and capital needs generated by residential and commercial new development. The purpose was to ensure that new growth paid its own way and didn’t burden existing revenue sources. In January 2001, the program and associated fees were revised and updated. The program has five basic elements:
Fire Facilities, Training and Equipment
Law Enforcement Facilities, Training and Equipment
Traffic Control Facilities
Streets and Thoroughfares
Drainage Facilities
In accordance with Section 66006 of the Government Code, the Town is required to prepare an annual report related to development impact fees. This report must contain the following information and be available to the public 15 days prior to review at a public meeting:
1. A brief description of the type of fee in the fund.
2. The amount of the fee.
3. The beginning and ending amount of each fund.
4. The amount of the fees collected, and interest earned.
5. An identification of each public improvement on which fees were expended and the percent of the public improvement funded with the fees.
6. An identification of approximate dates by which the construction of the public improvements will commence if the Town determines that sufficient funds have been collected to complete the project.
7. A description of each interfund transfer or loan made from the fund (if any).
8. The amount of refunds made of fees collected (if any). 46 Analysis:
Staff has completed a resolution with attached addendum, which includes the required legal information for review and adoption. It reports on development impact fees for the fiscal year ended June 30, 2024. Staff continues to monitor each impact fee account balance and look for funding opportunities for the projects identified in the 2001 study.
Financial Impact:
There is no financial impact to the Town of preparing and presenting these development impact fee reports.
47 TOWN OF PARADISE
RESOLUTION NO. 2025-___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE, CALIFORNIA,
REPORTING UNEXPENDED DEVELOPMENT IMPACT FEES IN ACCORDANCE WITH GOVERNMENT CODE SECTION 66006
WHEREAS, Government Code section 66006 requires the Town to annually disclose to the public information concerning development impact fees it has received in connection with the approval of development projects; and
WHEREAS, pursuant to Government Code Section 66006, the Town made the information pertaining to the funds and improvements relating to development impact fees available to the public on December 5, 2024 after mailing notice thereof to any interested party who has filed a written request with the Town Clerk for such information.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:
Section 1. Pursuant to Government Code section 66006, the Town Council made available to the public all required information for fiscal year ended June 30, 2024 as stated in the reports attached to this resolution.
Section 2. After considering the available information and all written and oral evidence provided to it, the Council hereby finds that impact fees collected by the Town of Paradise are proper and allocated in a manner that maximizes economic growth. Further, the Council finds that the development impact fees in all material respects are collected, allocated and accounted for in compliance with the requirements of the Government Code.
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 14 th day of
January 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Steve Crowder, Mayor
ATTEST:
By: _________________________________
Melanie Elvis, Town Clerk
APPROVED AS TO FORM:
By: ___________________________________
Scott E. Huber, Town Attorney
48 Town of Paradise
Statement of Revenues, Expenditures, and Change in Fund Balances Streets and Thoroughfares (Fund 2510)
For Fiscal Year Ended June 30, 2024
July 1, 2023 -
June 30, 2024
Beginning Balance 719,044.59
Revenues:
Impact Fees Collected: * 9,494.79
Interest and Other Earnings: 1,167.90
Total Revenues: 10,662.69
Expenditures: -
Total Expenditures: -
Ending Fund Balance 729,707.28
* Fees Calculated and Collected According to Resolution No. 01-04 Streets and Thoroughfares Impact Fees are necessary and imposed on new development in order to mitigate the impact of increased traffic on the Town's roadways. The originally adopted Management Services Institute Development Impact Fee Report indicates that street shoulder widening, street widening, road extension and connections will be necessary to keep traffic moving smoothly throughout Town as development continues. In January 2001 the schedule of development impact fees projects were updated and revised. 49 50
Town of Paradise
Statement of Revenues, Expenditures, and Change in Fund Balances Traffic Control Facilities (Fund 2520)
For Fiscal Year Ended June 30, 2024
July 1, 2023 -
June 30, 2024
Beginning Balance 82,176.79
Revenues:
Impact Fees Collected: * 651.04
Interest and Other Earnings: 132.78
Total Revenues: 783.82
Expenditures: -
Total Expenditures: -
Ending Fund Balance 82,960.61
* Fees Calculated and Collected According to Resolution No. 01-04 The Town's growth will impact the level of congestion on all of the Town's roadways which is the reason Traffic Control Facilities Impact Fees are necessary and imposed on new development. The originally adopted Management Services Institute Development Impact Fee Report further explains that construction of new signals will be needed to avoid congestion in the future. In January 2001 the schedule of development impact fees projects were updated and revised.
51 52
Town of Paradise
Statement of Revenues, Expenditures, and Change in Fund Balances Law Enforcement Facilities, Training and Equipment (Fund 2540) For Fiscal Year Ended June 30, 2024
July 1, 2023 -
June 30, 2024
Beginning Balance 30,381.62
Revenues:
Impact Fees Collected: * 1,097.26
Interest and Other Earnings: 50.47
Total Revenues: 1,147.73
Expenditures:
Two (2) police vehicles - 100%
Total Expenditures: -
Ending Fund Balance 31,529.35
* Fees Calculated and Collected According to Resolution No. 01-04 Law Enforcement Facilities Impact Fees are necessary and imposed on new development because future development will impact the Town's Police Department by requiring additional police officers and support staff, new equipment and vehicles and additional building space in order to maintain the same level of service. The originally adopted Management Services Institute Development Impact Fee Report supports this need.
Additional equipment and facilities are necessary to accommodate the increased public safety demands of development. In January 2001 the schedule of development impact fees projects were updated and revised. 53 54
Town of Paradise
Statement of Revenues, Expenditures, and Change in Fund Balances Fire Facilities, Training and Equipment (Fund 2550)
For Fiscal Year Ended June 30, 2024
July 1, 2023 -
June 30, 2024
Beginning Balance 43,396.44
Revenues:
Impact Fees Collected: * 916.14
Interest and Other Earnings: 71.03
Total Revenues: 987.17
Expenditures: -
Total Expenditures: -
Ending Fund Balance 44,383.61
* Fees Calculated and Collected According to Resolution No. 01-04 Fire Facilities Impact Fees were imposed on new development because new development increases the demand on public safety facilities and fire equipment through increased calls for services as shown in the originally adopted Management Services Institute Development Impact Fee Report. Additional equipment and facilities are necessary to accommodate the increased public safety demands of development. In January 2001 the schedule of development impact fees projects were updated and revised. 55 56
Town of Paradise
Statement of Revenues, Expenditures, and Change in Fund Balances Drainage Facilities (Fund 2551)
For Fiscal Year Ended June 30, 2024
July 1, 2023 -
June 30, 2024
Beginning Balance 639,205.53
Revenues:
Impact Fees Collected: * 62,324.58
Interest and Other Earnings: 884.56
Total Revenues: 63,209.14
Expenditures: 104,757.51
Total Expenditures: 104,757.51
Ending Fund Balance 597,657.16
* Fees Calculated and Collected According to Resolution No. 01-04 The Construction of flood control and storm drainage facilities is essential to the preservation of private property, public streets, curbs and other facilities. Drainage Facilities Impact fees are necessary and imposed on new development in order to build such facilities. The originally adopted Management Services Institute Development Impact Fee Report indicates that development will require the installation of additional storm drain lines and detention basins to handle increased runoff from developing areas. In January 2001 the schedule of development impact fees projects were updated and revised. 57 58
Town of Paradise
Council Agenda Summary
Date: January 14, 2025
Agenda Item: 2(e)
ORIGINATED BY: Colin Nelson, Capital Projects Manager
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Amend how the Town is able to Amend the Current Master Services Agreement with HDR
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Consider concurring with staff’s recommendation to allow Paradise Town Manager to approve amendments to the current Master Services Agreement with HDR so long as the amendment does not affect the overall budget that was originally approved and the overall intent of the Master Services Agreement; and,
2. Adopt Resolution No. 2025-____ “ A Resolution of the Town Council of the Town of Paradise, Receding and Replacing Resolution No. 23-22, and Designating Authority to the Town Manager to Execute Individual Task Orders and Amendments Under The Resultant Master Agreement For RFQ 2023-001 OnCall Owner’s Agent Up To The Maximum Contract Aggregate Amount Of $5,000,000 To Expedite and Facilitate the Paradise Sewer Project, Initial Design And Progressive Design Build Process.”
Background:
The original Resolution gave the Paradise Town Manager authority to execute the Master Services Agreement with HDR for Owner’s Agent Services, but did not include language allowing the Town Manager to approve any amendments. This resolution would allow for a change to the original resolution permitting the Paradise Town Manager to approve amendments as long as they don’t affect the overall cost of the contract. This would include schedule extensions, and budget line-item reallocations that don’t affect overall cost, and language edits that are considered minor in nature and don’t affect the original intent of the contract.
Analysis:
The ability to approve contract amendments is commonly included in authorizing resolutions, this allows for a streamlined process for executing small contract changes without needing to bring the contract back in front of Council.
Financial Impact:
The original MSA has an NTE of $5,000,000. This amendment does not change that. 59 1
TOWN OF PARADISE
RESOLUTION NO. 2025-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE REPEALING AND REPLACING RESOLTUION NO. 23- 22 AND
DESIGNATING AUTHORITY TO THE PARADISE TOWN MANAGER TO
EXECUTE INDIVIDUAL TASK ORDERS UNDER THE RESULTANT MASTER AGREEMENT FOR RFQ 2023-001 ON-CALL OWNER’S AGENT UP TO THE MAXIMUM CONTRACT AGGREGATE AMOUNT OF $5,000,000 TO
EXPEDITE AND FACILITATE THE PARADISE SEWER PROJECT, INITIAL DESIGN AND PROGRESSIVE DESIGN BUILD PROCESS.
WHEREAS, the 2018 Camp Fire caused unprecedented damage to the Town of Paradise and has necessitated a variety of recovery projects which are further guided by Paradise Long-Term Recovery Plan;
WHEREAS, the Paradise Sewer Project is by far the largest project in scale, cost and overall benefit to the community.
WHEREAS, in an effort to streamline and expedite delivery of The Paradise Sewer Project, Town staff issued a Request for Qualifications On-Call Owners Agent (RFQ 2023-001);
WHEREAS, RFQ 2023-001 was designed for a base term of five years, with the possibility of a one-year extension at the sole discretion of the Town Manager for a maximum term of six-years;
WHEREAS, RFQ 2023-001 was designed for a not-to-exceed aggregate contract amount of $5,000,000 to be issued as individual task orders; WHEREAS, RFQ 2023-001 was prepared and reviewed under the most stringent of procurement standards, meeting Paradise Municipal Code, State and Federal requirements;
WHEREAS, RFQ 2023-001 was advertised on March 26, 2023 for work relating to the Town of Paradise Sewer Project, with major scopes of work categories listed below:
Provide program management on all aspects of the Paradise Sewer Project and ensure that the project is completed in a professional manner, within budget, and on schedule.
Review, evaluate, and coordinate the Paradise Sewer Project through all remaining phases including procurement, preliminary design, final design, coordination with outside agencies, utility coordination, permitting, construction, operations and maintenance, and project closeout. The 60 2
Program Manager shall review and make recommendations for revisions that will improve project delivery. Facilitate meetings and ensure communication among all parties.
Coordinate with other Town consultants, public agencies, and utility companies.
Review executed (estimated February 2023) IMA between the Town of Paradise and City of Chico and ensure all provisions of the IMA are adhered to through project development and completion.
Establish a public outreach plan that includes the Consultant facilitating public engagement and outreach for the Project as well as coordination with the Town on media releases, website updates, stakeholder communication, and responses to questions relating to the Project.
Organize and prepare for presentations at meetings held by Town staff, the Town Council, neighborhood groups, and other stakeholders. Attend Town Council meetings to update Town Council on progress of the Project.
Support the Town during project bidding, including responding to questions and preparation of necessary addenda.
Establish the roles and responsibilities of the augmented staff and manage these work efforts.
Coordinate regular internal project team meetings to monitor work progress, make decisions to facilitate progress, and provide the basis for updating stakeholders on progress.
Develop document management procedures including web-based sites for document sharing for the project team.
Maintain and track schedule.
Maintain and track budget and update cost estimates.
Coordinate with Town staff on the submittal of grant documents. Preliminary financial evaluation of sewer rate schedule. Other related professional and administrative tasks to assist the Town on the project.
Evaluating SOQs and shortlisting consultants.
Preparing RFP and technical appendices (design, construction, and performance requirements).
Assist in development of the contract and schedule.
Evaluate initial concept proposal and help select the PDB consultant. Assist in contract negotiations and development of the contract. Coordinate the right-of-way and easement acquisitions for the Core Collection System Construction.
61 3
Coordinate the easement acquisitions, encroachment permits, and the extraterritorial letter for the Export Pipeline System Construction. Support needed right-of-way activities initiated and led by the Design-Build team.
Manage the geotechnical evaluations.
Complete necessary work to ensure NEPA/CEQA Compliance Manage the environmental permitting process from start to finish. Management the approval process with outside agencies from start to finish.
Review and comment on Draft Operational Plan, Commission Plan, and Start-up Plan.
Review the final Operational Plan, Commission Plan, and Start-up Plan for congruity with Town comments.
Submit the Operational Plan, Commission Plan, and Start-up Plan for review and approval with the Regional Water Quality Control Board. Aid with regulatory permitting and environmental permitting. Upon receipt of contractor’s schedule, evaluate and confer with the Town regarding workability of the schedule or suggest changes that may improve the schedule. Attend various meetings as a representative of the Town, and chair weekly on-site construction meetings with the construction management staff.
Track and timely respond to all Contractor documented concerns, potential claims, and claims. Develop appropriate resolutions in consultation with the Town.
Review, monitor and respond in consultation with the Town Requests for Information from the construction team.
Process construction-related expenses and reimbursements. Track project construction schedule and provide updates of construction status to the Town every other week.
Work closely with Town staff on coordinating work with regulatory agencies and private entities. This may include public relations work. Track all costs of construction and construction management and work with Town staff on the funding status of the project.
Review all change orders and extra work expenditures with Town staff. Administer consultant contracts for support services while effectively monitoring costs and deadlines.
Verify construction management records, including record drawings, and maintain appropriate records and files.
62 4
Complete project closeout work, including record drawings, organization of project paperwork, and clear statements of any outstanding issues and recommended action or position on the issue.
Provide an O & M Annual Cost Estimate 10-year projection. The cost estimate should include the core collection system, export pipeline and all associated appurtenances. The Estimate should include electricity demand and utilization, O & M labor, major equipment repair and replacement, and other miscellaneous services and utilities.
WHEREAS, 3 proposals were received by April 3, 2023, and following subsequent evaluation and interview, the following Owners Agent was recommended for the Master Agreement:
WHEREAS, by designating the Town Manager authority to execute all task orders associated with RFQ 2023-001, full benefits of this robust procurement process will be realized.
WHERAS, the original resolution did not allow for the Town Manager to approve amendments to the Master Services Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Paradise as follows:
Section 1. The Paradise Town Manager is authorized to execute a master agreement with the above-recommended Owners Agent and to execute individual task orders under the master agreements for RFQ 2023-01 On-Call Owners Agent not to exceed the maximum contract aggregate amount of ($5,000,000) to expedite and facilitate the initial design and progressive design-build process for the Paradise Sewer Project.
Section 2. The Paradise Town Manager is authorized to approve amendments to the Owners Agent Master Services Agreement that don’t change the overall scope, schedule or budget of the agreement as originally approved by Town Council.
PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 14th 9
th day of January May, 20243, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Steve Crowder, Mayor
63 5
ATTEST:
Melanie Elvis , Town Clerk
APPROVED AS TO FORM:
Scott Huber, Town Attorney
64 Town of Paradise
Council Agenda Summary
Date: January 14, 2025
Agenda Item: 5(a)
ORIGINATED BY: Sarah Richter, Housing Program Technician REVIEWED BY: James Goodwin, Town Manager
SUBJECT: Public Hearing for the Community Development Block Grant Program (CDBG) 2025-2029 Consolidated Plan and 2025-
2026 Annual Action Plan
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Conduct a duly notice and published public hearing to solicit comments and/or suggestions regarding the 2025-2029 Consolidated Plan and 2025-2026 Annual Action Plan.
Background:
The Town of Paradise has been a U.S. Department of Housing and Development (HUD) entitlement city since 1994. HUD awards grants to entitlement community grantees to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services.
Entitlement communities develop their own programs and funding priorities. However, grantees must give maximum feasible priority to activities which benefit low and moderate income persons.
A grantee may also carry out activities which aid in the prevention or elimination of slums or blight.
Additionally, grantees may fund activities when the grantee certifies that the activities meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. CDBG funds may not be used for activities which do not meet these broad national objectives.
HUD determines the amount of each entitlement grant by a statutory dual formula which uses several objective measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing and population growth lag in relationship to other metropolitan areas.
The Town is required to develop a new Consolidated Plan every five years in order to continue receiving grant funding from HUD. The document is a unified vision for community development and includes a strategic plan for addressing the housing, community development, and economic development needs of the Town for the next five years. The Consolidated Plan includes the following elements: housing and community development needs assessment, housing market analysis, a comprehensive analysis of impediments to fair housing choice, a 5-year strategic plan that establishes goals and measurable objectives and housing and community development 65 priorities. The Plan also includes the 2025-2026 Annual Plan which outlines the goals for the coming year that address priority needs and objectives stated in the Strategic Plan.
The Town has not received its funding allocation for the program year, but is estimating that HUD will allocate approximately $50,000, to the Town of Paradise for programs and projects that directly benefit the town’s low and moderate-income residents. A sampling of eligible program activities includes:
• Assistance to community-based organizations
• Economic development and business assistance
• Homeless assistance
• Land acquisition
• Mortgage subsidies for first time homebuyers
• Program administration and planning
• Public facilities and improvements
• Residential housing rehabilitation
Process
There is no Council Action required at this meeting, other than conducting the public hearing to gain public input. Over the next several weeks, staff will prepare a Draft Consolidated Plan and Draft Annual Action Plan. The Plans will be available for public viewing and comment prior to its adoption by Council and prior to submission to the U.S. Department of Housing and Urban Development. The dates of the comment period and public hearings are as follows:
Public Hearing No. 2: Tuesday, March 11, 2025 at 6:00 p.m., or as soon thereafter as possible, in the Town Hall Council Chambers at 5555 Skyway, Paradise, California. This public hearing is to solicit suggestions and/or comments from the public regarding the 2025-2029 Consolidated Plan and the 2025-2026 CDBG funding priorities and outlines general information about the CDBG program. The public is encouraged to submit written comments on any aspect of the CDBG funding to [email protected] or to Town of Paradise, 5555 Skyway, Paradise, CA 95969.
The Draft Annual Plan will be available to the public on March 11th, 2025. The plan will be available on the Town’s website (www.townofparadise.com); Paradise Public Library, Paradise Chamber of Commerce, the Building Resiliency Center, and at Town Hall. The public comment period is from March 11th through April 12th, 2025. Written comments should be addressed to Sarah Richter, 5555 Skyway, Paradise, CA 95969. Town Council on the final Annual Plan: Tuesday, May 13th, 2025, at 6:00 p.m., or as soon thereafter as possible, in the Town Hall Council Chambers at 5555 Skyway, Paradise, California. The Council will consider adopting the final 2025-2026 Annual Plan and 2025-2029 Consolidated Plan and receive additional public comment at this time.
Analysis:
Although the Town has some discretion on how the funds are used, there are many restrictions, conditions, and objectives that must be met. Community Development Block Grant funds can be used for activities that further community and economic development; provide improved community facilities and services; and provide affordable housing opportunities to low and 66 disadvantaged residents. Each activity except planning and administrative activities, must meet one of the CDBG program’s three broad National Objectives:
1. Benefit low and moderate income persons,
2. Aid in the prevention or elimination of slums or blight, or
3. Meet community development needs having a particular urgency.
The types of activities that meet the national objective will encompass the following basic qualifiers:
Area benefit activities: An activity can be area-wide meaning that the benefits are available to all the residents of a particular area where at least 51 percent of the residents are low and moderate income persons. The service area must be primarily residential, and the activity must meet the identified needs of low-and-moderate income persons.
Limited clientele activities: An activity can be “limited clientele,” which means that the activity benefits a certain, limited clientele that is at least 51 percent low-income. An example of this would be a service that is restricted to seniors or disabled residents.
Housing activities: An activity carried out for the purpose of providing or improving permanent residential structures, which upon completion, will be principally occupied by low-income households.
Job creation or retention activities: An activity designed to create or retain permanent jobs where at least 51% of that, computed on a full-time equivalent (FTE) basis, involves the employment of low and moderate income persons. Potentially eligible activities include: construction of a business incubator designed to offer space and assistance to new firms to help them become viable small businesses; loans to pay for expansion.
Slum Blight Removal. Activities under this category must meet ALL of the following criteria: (1) The area delineated by the grantee must meet a definition of a slum, blighted, deteriorated or deteriorating area under state or local law; (2) there must be a substantial number of deteriorated buildings through the area; and (3) the activity must address one or more conditions that contributed to the deteriorate ion of the area. Boundaries, designations, inspections and detailed rehabilitation records must be kept.
In addition to the above qualifiers, there is a list of basic eligible activities and ineligible activities that can be carried out using CDBG funds. (Government Code Section 570.201.) Basic Eligible Activities include: Acquisition/disposition of real property; public facilities acquisition, construction and rehabilitation; public services funding; payment of costs in support of activities eligible for funding under the HOME program; housing assistance for low/mod income families; and micro-enterprise assistance.
Financial Impact:
None.
67 Town of Paradise
Council Agenda Summary
Date: January 14, 2025
Agenda Item: 5(b)
ORIGINATED BY: Scott E. Huber, Town Attorney
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Bid Protest from J.W. Bamford, Inc., Related to Tree Contractor Contract for Phase 2 of the Category 4 Tree
Removal Program
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Hold a bid protest hearing related to the bid protest from J.W. Bamford, Inc.; and
2. Reject the bid protest by J.W. Bamford, Inc. for the HMGP Category 4 Hazard Tree Removal Program; or
3. Provide alternative direction to Staff. (ROLL CALL VOTE) 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. Full approval of the project was granted in September 2024 and staff has been working on initial monitoring and final surveying of the 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. J.W. Bamford, Inc. (“JWB”) submitted a proposal that conformed with the requirements of the RFP, and the proposal was fully considered.
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.
68 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.
Following announcement that Warner Enterprises would be awarded the contract, JWB, through its counsel, timely filed a bid protest on December 11, 2024. Staff responded to the bid protest on January 8, 2025, a copy of which is attached to this Agenda Summary.
In short, this project relates to trees and vegetation that are located on private property and that can only impact private property. As such, this is not a “public works project” as defined in statute.
Accordingly, the requirements to award a contract to the lowest bidder do not apply.
The scoring rubric utilized in this matter was published in the RFP, and it was followed with precision. Warner Enterprises received the highest score following the submittal of its response and completion of the interview process.
Staff believes that the bid protest by JWB is without merit and should be rejected.
Financial Impact:
As to the bid protest and hearing, there is no financial impact. 69 4938-8267-5213.1
Northern California:
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
Phone: 916.780.9009
Fax: 916.780.9050
Southern California:
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
Phone: 909.230.4209
Fax: 909.937.2034
Scott E. Huber
[email protected]
REPLY TO:
þ ROSEVILLE £ ONTARIO
January 8, 2025
VIA E-MAIL ONLY
[email protected]
Treven Tilbury
Partner
Reynolds Tilbury Woodward LLP
11601 Blocker Dr, Ste 105
Auburn, CA 95603-4649
Re: Town of Paradise’s Response J. W. Bamford Inc.’s Letter dated December 11, 2024
Dear Mr. Tilbury:
I am writing on behalf of the Town of Paradise in response to the letter you wrote addressed to “Director Recovery and Economic Development Department Brian Solecki, Project Manager” dated December 11, 2024. The letter indicated that you were writing on behalf of J.W.
Bamford (“JWB”) to lodge a protest regarding the potential award of the “HMGP Category 4 Hazard Tree Removal Program – Town of Paradise,” project agreement to another bidder. After reviewing your letter, it appears that the basis of this protest rests upon a misunderstanding of the Project, which I will outline herein.
It is well understood that trees which are classified in the Category 4 Hazard Tree Removal Program are trees owned by private parties, situated on private property and, should the trees fall, they will remain entirely on private property. These are not trees that are owned by a public agency. Further, should any of the trees fall, they will not fall on public property or a public right of way.
On October 29, 2024, the Town of Paradise (“Paradise”) published Request for Proposals (“RFP”) number TOPC42024 “HMGP Category 4 Hazard Tree Removal Program,” (the “Project”). The RFP was issued seeking responses from timber operator(s) licensed by the state of California wishing to assist Butte County in performing tree removal work in connection with removal of hazardous burnt trees which pose a danger to private property. As indicated in RFP #TOPC42024, (the “RFP”) this is not a public works project. The RFP reads, “This project is not a public works project requiring award to the lowest qualified bid and agreement is subject to FEMA regulations for reimbursement of costs.” (TOWN OF PARADISE, REQUEST FOR PROPOSALS CALIFORNIA LICENSED TIMBER OPERATOR “A” (LTO-A) RFP #TOPC42024 HMGP CATEGORY 4 HAZARD TREE REMOVAL PROGRAM (2024), 11 [hereinafter RFP #TOPC42024]). Therefore, the California statutory “lowest responsible bidder” requirements do not apply. Interested parties who disagreed with the determination and decided to proceed with 70 Treven Tilbury
January 8, 2025
4938-8267-5213.1
Northern California:
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
Phone: 916.780.9009
Fax: 916.780.9050
Southern California:
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
Phone: 909.230.4209
Fax: 909.937.2034
submitting a proposal were required to “Immediately inform the Town of any problems with” the solicitation. (RFP #TOPC42024 § 3.1(c).) A failure to request clarification or inform Paradise that this was, in JWB’s opinion, a problem with RFP #TOPC42024 prior to submitting their bid constitutes agreement with the terms of the document and an affirmative waiver of JWB’s ability to challenge the determination now.
Further, this determination is supported by the California Department of Industrial Relations’ (“DIR”) most recent public works coverage determination related to Federal Emergency Management Agency (“FEMA”) funded clean up after the Carr wildfire. (Post Carr Fire Hazardous Fuels Reduction Project California Department of Forestry and Fire Protection, PW Case No. 2021-002 (Cal. Dep’t of Industr. Rel. February 7, 2023) [hereinafter Public Works Case No. 2021-002].) The DIR issued Public Works Case No. 2021-002, a written determination that the FEMA funded proposal to remove vegetation and trees on private property damaged by the Carr fire was not a public works project subject to prevailing wage requirements. (Supra.) The description of this Project is nearly identical to the Post Carr Fire project, confirming Paradise’s assessment that this is not a public works project.
Additionally, the RFP clearly states that this Project is eligible for FEMA funding and therefore the contract would be awarded pursuant to FEMA’s eligibility requirements. In fact, the RFP references the appropriate section from the Code of Federal Regulations the Town of Paradise would be utilizing to review and score the proposals it received from hopeful bidders.
The RFP reads, “FEMA procurement regulations require that cost be evaluated for competitive proposal procurement. These provisions are provided in 2 C.F.R. § 200.319(d)(4) provided below: ‘Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered.’” (RFP #TOPC42024, at 11; see 2 C.F.R. § 200.320(b)(2)(iii).) While the reference in RFP #TOPC42024 should be to 2 C.F.R. § 200.320(b)(2)(iii), the quotation utilized is correct and comes from the appropriate subsection of the Code of Federal Regulations, which deals with proposals. As such, bidders were appropriately notified of the evaluation procedure which the town would utilize as well as the fact that it would not be granted solely based on the lowest responsive bid. Further, the code of federal regulations indicates elsewhere that a prospective government contractor is not entitled to contract award merely because it is the low bidder. (27 C.F.R. § 9.103(c).) For this reason, there are more categories in the scoring assessment of the proposals than simply price.
Paradise goes on to outline the scoring system for proposals which also clearly indicates that the Project agreement will not simply be granted to the lowest responsible bidder. (Id. at 12-
14.) Instead, it plainly lists the weight given to each category when assessing the proposals. (Id.) This system is both consistent with Code of Federal Regulations Title 2, sections 200.319 and 200.320, and was disclosed prior to the submission of a proposal or bid packet. As such, the appropriate time to challenge the evaluation criteria, weight of each category and process by which the final agreement will be awarded, was prior to the submission of a bid. (Id. at § 3.1.) Finally, the letter cites incorrect language from the Paradise Municipal Code. First, Paradise Municipal Code section 2.45.010(B) reads “When the procurement involves the 71 Treven Tilbury
January 8, 2025
4938-8267-5213.1
Northern California:
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
Phone: 916.780.9009
Fax: 916.780.9050
Southern California:
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
Phone: 909.230.4209
Fax: 909.937.2034
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.” This language was recently updated by the Town Council. We have attached the most recent language of the applicable section of the Paradise Municipal Code for your reference.
Further, Paradise Municipal Code section 2.45.080 does not apply to this contract, because as established above and delineated in RFP #TOPC42024, this Project is not a public works contract. Therefore, Paradise appropriately considered the factors in each proposal, including price, and intends to award the agreement to the “firm whose proposal is most advantageous” “with price and other factors considered.” (2 C.F.R. § 200.320(b)(2)(iii).) In light of the above authorities, the other points raised in your letter are irrelevant to the analysis of this matter and do not change the outcome. Accordingly, we decline to recite and refute each of them individually.
We have scheduled a bid protest hearing for January 14, 2025, at the regularly scheduled Town Council Meeting. The Meeting will begin at 6:00 pm and will take place at Paradise Town Hall, located at 5555 Skyway, Paradise, CA 95969. Should JWB wish to maintain its bid protest after receipt of this opinion from the Town of Paradise, representatives of JWB will be required to appear at the hearing. The Town Council will offer up to 10 minutes for JWB or its representatives to make a presentation to the Town Council in support of its position. Please be aware that JWB’s protest does not require Paradise to delay the award of the Agreement to the bidder it has deemed the most advantageous.
Sincerely,
Scott E. Huber
COLE HUBER LLP
SEH/JM
Attachments:
J. W. Bamford Inc.’s Letter dated December 11, 2024
2 C.F.R. § 200.320
Paradise Municipal Code section 2.45.010
DIR Public Works Case No. 2021-002
72 Treven I. Tilbury
[email protected]
____________________________________________________________________________________________________________________________________ 11601 Blocker Drive, Suite 105 • Auburn, California 95603 • Telephone 530.885.8500 December 11, 2024
VIA PERSONAL DELIVERY and EMAIL ([email protected]) Director
Recovery and Economic Development Dept.
Town of Paradise
5555 Skyway
Paradise, CA 95969
Attn: Director Recovery and Economic Development Department Brian Solecki, Project Manager
Dear Director and Mr. Solecki:
J. W. Bamford, Inc., (“JWB”) has retained this law firm regarding the “HMGP Category 4 Hazard Tree Removal Program – Town of Paradise,” RFP#TOPC42024 (the “Project”).
I am writing to express concern about the Town of Paradise’s apparent intent to award the contract for the Project, and to protest that award.
As you know, JWB submitted its bid for the Project for a total price of $2,531,888.00. This price included all the required work to be performed under the RFP within all required timelines. JWB’s bid was the second-lowest bid.1 The Town of Paradise (“Town”) appears to be intending to award the contract to Warner Enterprises, Inc. (“Warner”)—the fifth-highest bidder. For the same work, Warner’s bid price was $6,104,852.80—a staggering $3,572,964.80 or 241% more.
There is no legitimate dispute that JWB’s bid is responsive and that JWB is responsible.
Indeed, the Town’s evaluators determined that JWB “had the skill and ability to complete the project.” The Town’s email “debriefing” to JWB stated that JWB was “one of the two who were the clear front-runners and moved on to an interview/presentation,” and that the “evaluation team was excited about the potential of either of the two top candidates.”
1 P31 Enterprises’ bid was $2,303,784.36, and was therefore the lowest bid. JWB understands that the City intends to reject P31’s bid based on Government Code § 1090. If the Town rejects P31’s bid, then JWB’s bid is the lowest, and the contract should be awarded to JWB. 73 Brian Solecki
December 11, 2024
Given that JWB’s bid is $3.5 million lower than Warner’s, award of to Warner would violate the Public Contract Code, the Paradise Municipal Code, and the Code of Federal Regulations.
While JWB does not wish to delay this work or cause the Town any unnecessary difficulty, given the magnitude of the price discrepancy, JWB cannot sit by quietly. JWB cannot allow the Town (in conjunction with the Butte County Fire Safe Counsel (“BCFSC”)) to throw away over $3.5 million in public funds to achieve an infinitesimal increase in subjective evaluation points that are unlikely to result in any meaningful improvement in the Project’s result.
Accordingly, JWB protests the Town’s award of the Project to Warner because doing so would violate and disregard California law, the Paradise Municipal Code, and the federal regulations relating to awarding public contracts. The tax-dollars of hard-working Americans and Californians should not be wasted, and most important—those funds could be used for any number of additional projects to alleviate the ongoing suffering of Paradise residents and to prevent future tragedies.
LEGAL ANALYSIS
The notions of competitive bidding and award to the lowest responsible bidder are ubiquitous in the Town’s ordinances, the California’s Public Contract Code, and the Federal Regulations. An award to Warner would violate each of these governing authorities.
A. The Public Contract Code Requires Award to the Lowest Responsible Bidder.
The Town of Paradise is a general law city, and thus must comply with the Public Contract Code. (Public Contract Code, § 20160.) The Public Contract Code is intended to “provide all qualified bidders with a fair opportunity to enter the bidding process, thereby stimulating competition in a manner conducive to sound fiscal practices” and “eliminate favoritism, fraud, and corruption in the awarding of public contracts.” (Pub.
Contract Code § 100.) “Because of the potential for abuse arising from deviations from strict adherence to standards which promote these public benefits, the letting of public contracts universally receives close judicial scrutiny and contracts awarded without strict compliance with bidding requirements will be set aside.” (Konica Bus. Machs. U. S. A. v.
Regents of Univ. of Cal. (1988) 206 Cal.App.3d 449, 456.) “This preventative approach is applied even where it is certain there was in fact no corruption or adverse effect upon the bidding process, and the deviations would save the entity money.” (Ibid.) “The importance of maintaining integrity in government and the ease with which policy goals underlying the requirement for open competitive bidding may be surreptitiously undercut, mandate strict compliance with bidding requirements.” (MCM Constr., Inc. v. City & County of San Francisco (1998) 66 Cal.App.4th 359, 369.) 74 Brian Solecki
December 11, 2024
“Generally, . . . public entities[] are required to put significant contracts out for competitive bidding and to award the contract to the lowest responsible bidder.” (Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal.App.4th 1432, 1438 [citing Pub.
Contract Code § 20162].) A responsible bidder is one that can perform the contract as promised. (Ibid. [citing Taylor Bus Serv., Inc. v. San Diego Bd. of Educ. (1987) 195 Cal.App.3d 1331, 1341].) “A bidder is responsible if it can perform the contract as promised.” See Taylor Bus Service, Inc. v. San Diego Bd. of Education (1987) 195 Cal.App.3d 1331, 1341).
The Public Contract Code requires the Town to award the contract to the lowest responsive and responsible bidder. Thus—and assuming the Town’s rejection of the bid of P31 stands—the Town may only reject JWB’s bid if it determines that JWB’s bid is non-responsive or that JWB is not responsible. There is no evidence in the record that JWB’s bid was not responsive. Indeed, the bid promised to do everything required under the RFP.
A determination of non-responsibility must afford JWB the opportunity to present evidence on its behalf. (See City of Inglewood-L.A. County Civic Center Auth. v.
Superior Court (1972) 7 Cal.3d 861, 871; see also D.H. Williams Construction, Inc. v.
Clovis Unified School Dist. (2007) 146 Cal.App.4th 757, 764; see also Boydston v. Napa Sanitation Dist. (1990) 222 Cal.App.3d 1362, 1369.) To deny JWB this opportunity would violate JWB’s due process rights, and thus JWB is entitled to a hearing before the Town can determine that JWB is not capable of performing the Project.
Because JWB’s bid was responsive and JWB is the lowest responsible bidder, the Town must make the award to JWB.
B. The Paradise Municipal Code requires award to the low bidder.
In addition to the requirement under the Public Contract Code, the Paradise Municipal Code independently requires that “purchases of . . . services with a projected value of two hundred fifty thousand dollars ($250,000) or more . . .shall be by formal written bid for a lowest responsible bidder” pursuant to a defined procedure. (2 Paradise Municipal Code, §2.45.080 (emphasis added).) Even for bids lower than $250,000, the Paradise Municipal Code requires contracts to be awarded “to the low bidder,” reflecting the common-sense principle that public money should be spent wisely to achieve the public purpose for the lowest cost. (Id., §2.45.090.A.)
The Paradise Municipal Code echoes the same requirements as the Public Contract Code, and indeed, specifically cites the Public Contract Code.2 The Paradise Municipal Code describes the public policy of the Town to “make all purchases of supplies and services in 2 The City should also note that the federal regulations look to whether the recipient followed its own bidding policies and procedures in determining if costs are reasonable. (See Section L, below.)
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a manner that is fair, efficient, and economical.” (Paradise Municipal Code §2.45.010(A).) Further, the “town purchasing system is intended to “provide for public confidence,” guarantee fair and equitable treatment for all involved, “employ effective broad based free and open competition, “guarantee maximum value for town expenditures,” and “be performed in a thoroughly professional manner, with honesty and integrity, and in compliance with all applicable laws and regulations.” (Paradise Municipal Code §2.45.010(A)(1)-(6). (emphasis added).)
The Town’s code requires “purchases of supplies, equipment or services with a total projected value of two hundred fifty thousand dollars ($250,000.00) or more . . . shall be by formal written bid for a lowest responsible bidder . . .” (Emphasis added.) The code further requires “public works projects” as defined by the Public Contract Code to be “bid, advertised and awarded in accordance with applicable sections of the California Public Works Contract Code.” (Paradise Municipal Code §2.45.100.) The Public Contract Code includes the “alteration” and “repair” of any public improvement “of any kind.”
C. Applicable Federal Regulations Require award to lowest responsible bidder.
The applicable federal regulations also require award to the lowest responsible bidder, and at a minimum require consideration of price as a central component of the analysis.
As an initial matter, the RFP’s quotations of the federal regulations are severely flawed, and the RFP ignores critical elements of the applicable regulations.. Initially, the RFP states that the project proposals will be “evaluated for competitive proposal procurement. These provisions are provided in 2 C.F.R. section 200.319(d)(4) provided below: ‘Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered.’” However, the RFP’s citations to the FEMA guidelines in the Code of Federal Regulations are both in error and incomplete. First, 2 C.F.R. section 200.319 does not have a subsection (d)(4), and does not include the quoted language. However, 2 C.F.R. §200.319 does provide guidance—guidance that require the bid to be awarded to JWB under the circumstances.
Section 200.319 does require that “[a]ll procurement transactions under the Federal award must be conducted in a manner that provides full and open competition and is consistent with the standards of this section and section 200.320.” Section 200.319(c) likewise specifically identifies several “examples of situations” that “may restrict competition,” including “[o]rganizational conflicts of interest,” and “[a]ny arbitrary action in the procurement process.” Thus, section 200.319 makes clear that open and fair competition is the core concern for expenditure of public funds. Indeed, the central reason to bother with competitive bids is to ensure that public funds are used efficiently, and to avoid favoritism, fraud, and other conduct that would tend to waste public resources.
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The language quoted in the RFP does appear in 2 C.F.R § 200.320, but the RFP ignores the most important part of § 200.320. Section 200.320 requires “Formal procurement methods” for contracts in excess of the “simplified acquisition threshold” of $250,000. “Formal procurement methods are competitive” and the CFR identifies two methods: (1) sealed bid, and (2) proposals.
Section 200.320 describes the sealed bids method as “a procurement method in which bids are publicly solicited through an invitation and a firm fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid conforms with all the material terms and conditions of the invitation and is the lowest in price.” The same section explains that “the sealed bids procurement method is preferred for procuring construction services.” Under the sealed bids method, the contract “is awarded in writing to the lowest responsive bid and responsible bidder.” (2 C.F.R. section 200.320(b)(1)(ii)(D).) Here, the bids resulted in fixed-price bids with unit prices.
Consequently, this project must be awarded using the sealed-bid method under the federal regulations; and the contract must be awarded to the lowest responsible bidder.
The alternative “proposal” method used by the Town here is used only “when conditions are not appropriate for using sealed bids.” (Ibid.) (2 C.F.R. § 200.320(b)(2).) Using the proposal method, “all evaluation factors and their relative importance must be identified.” Only then does the language quoted in the RFP become pertinent: “Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered.” Even under the proposal method, the “price” is specifically identified in the regulation as a factor, demonstrating its importance. In fact, even the RFP itself states first that the “provided cost for evaluation will be evaluated first for overall reasonableness.” Nowhere in the Town’s process for selecting Warner’s proposal did the Town satisfy this first step. Given the extreme excess of Warner’s bid over the lowest four bidders’ numbers, Warner’s price simply cannot be considered reasonable. As a result, Warner should not have even made it to the interview process.
Even setting that aside, however, given that the Town’s evaluators agreed that JWB would be capable and well-suited to perform the work, JWB’s bid is the “most advantageous to the program” because it would accomplish all of the Town’s goals at a fraction of the cost of Warner’s bid.
D. The Town’s price evaluation process is not authorized by the C.F.R.
The RFP also states that the bid prices will be evaluated in accordance with “FEMA procurement guidelines 2 C.F.R. § 200.320(d)(4), the provided cost for evaluation will be evaluated first for overall reasonableness and then scored in direct relation to their variance from the lowest proposed cost based on the average cost.” (See RFP “Evaluation Criteria,” ¶f). However, 2 C.F.R. §200.320 does not have a subsection “(d)(4),” and 2 C.F.R. §200.320 does not include anything even similar to the cost scoring evaluation in 77 Brian Solecki
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Table 1. Nor does §200.320 include any requirement for the weighting criteria in Table 2 of the RFP. FEMA’s Hazard Mitigation Assistance Program and Policy Guide (“FEMA Policy Guide”) also does not include the price-scoring criteria in either Table 1 or Table
2. Despite the lack of apparent support for the RFP’s evaluation criteria in the C.F.R., the Town did not follow the RFP’s cost-evaluation process. First, there is no evidence that the Town ever assessed any of the bids for “overall reasonableness.” If that had occurred, it is difficult to conclude that Warner’s bid for $6,104,852—the fifth highest bid of the seven bids received—could be considered “overall reasonable,” when four other bidders agreed to perform the work at prices hundreds of thousands—and several millions—of dollars lower.
Making matters worse, the combination of the Table 1 and Table 2 evaluations caused price to become by far the least important factor in the Town’s analysis when it should be the most important factor. As noted above, “lowest responsible bidder” and concerns about economy, efficiency, and waste of public resources are central themes in the Public Contract Code, the Paradise Municipal Code, and the Federal Regulations. Here, however, Table 2 relegated cost to a minor component of the analysis of only 15%. But then, overlaying the Table 1 process on top of the Table 2 weighting made the wild differences in bid price become minor blips in the overall analysis. Ultimately, the Town evaluators gave Warner 15 of 75 evaluation points for cost, and gave JWB 75 of 75 points–a difference of 60 points out of a total of 1500—a small fraction of even the 15% weight. Even under the improperly used “proposal” process, where “price and other factors” determine the winner, contract price is entitled to greater deference than granted by the Town’s evaluation process.
E. The Town’s price evaluation process did not follow the process required in the RFP.
RFP section 4 “Evaluation Criteria,” subsection (f) “Cost” sets forth the mechanism for evaluating Project cost under the RFP. After reviewing first for “overall reasonableness,” the bid prices are required to be “scored in direct relation to their variance from the lowest proposed cost based on the average cost. The lowest cost will receive the maximum score of available points.” (RFP, Section 4(f).) Table 1 then provides the methodology to evaluate costs—a methodology that the Town evaluators did not use.
Table 1 provides a four-step calculation: (1) subtract the lowest fee from the proposed fee; (2) divide the result of Step 1 by the average of all fees; (3) multiply the result of Step 2 by 203 and round to nearest whole number to determine the number of points to deduct, and (4) subtract the result of Step 3 from the total score. 3 The RFP contains no explanation of why the scores are multiplied by 20 at this stage. 78 Brian Solecki
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For Warner’s bid, Step 1 results in a difference of $3,801,067 (the difference between Warner’s bid of $6,104,852 minus the lowest bid of $2,303,784). Step 2: $3,801,067 divided by the average bid price of $5,308,302.62 is 71.6%. Rounded to the nearest whole number results in 72%. Step 3 is to multiply 72% by 20 for a total of 14.4. (There is no explanation of why this figure is multiplied by 20 at this step.) However, the “RFP CAT4 TC Proposal Evaluation Cost Summary” (“Cost Summary”) prepared by the Town shows dramatically different results. Step 1 on the Cost Summary shows a difference of only $1,482,498.00 for Warner’s bid—approximately half of what it should be. The Town evaluators apparently subtracted Warner’s bid from the highest bid instead of from the lowest bid as required by the RFP methodology. The Cost Summary shows the variation percentage from Step 2 to be 27.9%, where it should be
71.6%.
For unexplained reasons, the “Points to Deduct” column then shows a deduction of “-4” for Warner. And then the “Cost Score Rounded” is reduced against from -4 to -1 for Warner without any explanation of how to “round” -4 to -1. This is particularly curious when Mountain Enterprises “Points to Deduct” score is 8, and was also “rounded” to -1, and JWB’s score was -14, and was “rounded to” -5.
It is unclear what process the Town used to calculate the price comparison component of the evaluation. However, what is clear is that the Town did not follow the formula included in the RFP.
F. An award to Warner would effectively ignore the contract price as an element of the award.
The evaluation process offered a maximum score of 1500 points—500 points for each of three evaluators. Warner scored 1175 total “evaluation points.” JWB scored 1156.5— just 18.5 points fewer than Warner of 1500 total points. One of the evaluators scored JWB 7.5 points higher than Warner. The second scored JWB just 1.5 points behind Warner. For this nearly impossible-to-see difference, the Town appears perched to spent $3.5 million extra dollars to perform the same work.
What is so glaring, however, is that to get 18.5 evaluation points more—a 1.2% improvement out of a total of 1500 such points—the Town is prepared to pay 241% more. That is the equivalent of $193,133 for each of the 18.5 “evaluation points.” The very purpose of the public-bidding laws, the Paradise Municipal Code, and the Federal Regulations is to ensure proper, efficient, and economical use of public funds.
There is simply no viable argument to support paying more than $6.1 million to complete 79 Brian Solecki
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work than can be done for $2.5 million based on a 1.2% difference on the Town’s flawed and subjectively weighted evaluation scale.4
G. The record shows that the Town’s evaluators considered improper bases in issuing their preferences for award.
The Federal Regulations state clearly that even when using the proposal method, the recipient’s procurement procedures “must ensure that all solicitations . . . Identify any additional requirements which the offerors must fulfill and all other factors that will be used in evaluating bids or proposals.” (2 C.F.R. 200.319(d)(3).) The interview notes of the Town’s evaluators make clear that the evaluators considered factors that were not disclosed in the RFP for evaluating bids or proposals.
The RFP included six evaluation criteria: (1) experience; (2) personnel; (3) availability; (4) proposal format; (5) project understanding, approach, and scope of work; and (6) cost. (See RFP, 4. Evaluation Criteria.) JWB’s bid and interview responses demonstrate that it has the experience, personnel, availability, and project understanding and approach to complete the Project successfully. Further, JWB’s proposal met every technical RFP requirement, and was more than $3.5 million less than Warner’s bid. JWB checked off each of the evaluation criteria identified in the RFP, but the Town evaluators propose to reject JWB’s bid for reasons not identified in the RFP.
However, the Town’s interview questions and evaluations demonstrate that the Town evaluators considered factors well outside the evaluation factors identified in the RFP.
One of the questions on the evaluation forms is “can we see ourselves working well with this contractor? Do they demonstrate good communication and teamwork skills.” Communication and teamwork are not items listed in the RFP as factors to be evaluated.
The RFP and its attachments defined the work clearly and concisely, including the specific numbers and locations of trees to be removed. No special “teamwork” beyond what has made JWB successful on numerous other projects was identified in the RFP.
Nevertheless, JWB demonstrated its intent to thoroughly communicate with Town personnel, BCFSC, and property owners.
One evaluator responded “No” to this question, without offering any examples or reasons for reaching this conclusion. Nothing in the RFP evaluation criteria mentioned that bidders would be tested on an undefined notion of “communication and teamwork skills.” Another question was whether the contractor demonstrated a “strong fit with the project’s ethos and requirements.” The “project ethos” and “fit” were not identified in the RFP as evaluation criteria. Remarkably, despite JWB’s acknowledged history of successful projects, one evaluator found that JWB’s “ethos was lacking.” The dictionary defines “ethos” as “the disposition, character, or fundamental values peculiar to a specific person, 4 The expenditure of more than $3.5 million more than is necessary indicates that the price is not reasonable as discussed more fully in Section L, below. 80 Brian Solecki
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people, culture, or movement.” However, nothing in the evaluators comments indicated anything about JWB’s character that justified being described as “lacking.” Indeed, JWB would not have a track record of similar successful projects if it did not possess the necessary “ethos” to perform the work in the best interests of the Town and its residents.5 H. The record shows that the Town’s evaluators misinterpreted interview responses.
According to the Town’s email debrief provided to JWB on December 3, 2024, and the evaluators’ interview notes, significant discrepancies plague the Town’s evaluation. One evaluator comment that occurred several times was a concern that JWB would not have crews available after June/July 2025. However, at best this conclusion was a gross misinterpretation of JWB’s comments during the interview.
JWB’s comments about having work beginning in the Summer months was to show that JWB had complete availability between project award and the Summer of 2025.
Accordingly, JWB could dedicate 100% of its personnel to this job because it had no other commitments during the time period. One evaluator noted that JWB said that its management team was 100% available, and that JWB anticipated “no concerns,” “unless it rained steady now through June.” Another evaluator noted that JWB was “[s]pecific and targeted on building team including local subcontractors provides more than enough capacity for the duration of the contract/project.” Another evaluator noted that JWB indicated that it had “no work lineup till June/July for crews, 2-2 ½ month timeline for project completion.”
The same evaluator noted that JWB “have capacity,” however “stated project (Borel) beginning June/July 2025.” In fact, what JWB explained is that the Borel project was finishing around the time this Project would start so that JWB’s crews would be completely available for this Project through the summer. However, for unexplained reasons, the Town’s evaluators concluded that JWB’s freedom to focus on this project was a weakness in JWB’s proposal. However, JWB’s indicated its plan to complete the work on a 2 1/2 -month timeline, and it would be complete long before June or July.
Even if weather-caused delays doubled the project duration, JWB would still be finished before its work in the Summer became any sort of concern. Further, JWB never said that it would not be able to work during the Summer—only that it was completely free until that time.
Another stated “concern” was whether JWB could complete the work for its bid price.
JWB explained that it planned to achieve 30 trees per day per crew. Some evaluators questioned whether this rate could be sustained, and whether JWB could perform the work at the cost it bid. Given JWB’s extensive experience with post-fire tree removal (much of that experience noted by the evaluators), there is no reason to conclude that 5 If the City intends to reject JWB’s bid based on a “lack of ethos,” then JWB must receive a due process hearing to prove otherwise.
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JWB would not be able to achieve its planned production rates. More important, however, one of the evaluators provided a more accurate statement of JWB’s comments:
“weather could be a challenge and potentially increase cost (likely not). . . . If underbid, it’s on Bamford.” (Emphasis added.) In other words, even if unanticipated events would increase JWB’s cost, JWB understood that those cost increases would be JWB’s responsibility, and would not be passed through to the Town. Indeed, JWB’s bid was a firm fixed-price contract for a well-defined scope of work. Absent some change to the scope of work, JWB would not be entitled to extra costs.
More to the point, however, is that even if JWB’s costs more than doubled (incredibly unlikely) and even if all of those costs could be passed through to the Town (even more unlikely), the Town would still have received the work for a lower price than Warner’s bid with more than a million dollars left to spare.
I. Because the Town’s decision to reject JWB’s bid is a de facto determination that JWB is not a responsible bidder, JWB is entitled to a due process hearing before the Town may reject JWB’s bid.
A responsible bidder is one that can perform the contract as promised. (Ibid. [citing Taylor Bus Serv., Inc. v. San Diego Bd. of Educ. (1987) 195 Cal.App.3d 1331, 1341].) “A bidder is responsible if it can perform the contract as promised.” See Taylor Bus Service, Inc. v. San Diego Bd. of Education (1987) 195 Cal.App.3d 1331, 1341). A determination of non-responsibility must afford the contractor found not responsible the opportunity to present evidence on its behalf. (See City of Inglewood-L.A. County Civic Center Auth. v. Superior Court (1972) 7 Cal.3d 861, 871; see also D.H. Williams Construction, Inc. v. Clovis Unified School Dist. (2007) 146 Cal.App.4th 757, 764; see also Boydston v. Napa Sanitation Dist. (1990) 222 Cal.App.3d 1362, 1369.) Here, the evaluators’ lower scores for JWB were based entirely on the evaluators’ subjective interpretations that JWB is not able to perform the work within the time contemplated, or does not have the necessary “ethos” to perform the work. Thus, the Town’s decision not to award to JWB is tantamount to a determination that JWB is not a responsible bidder because it cannot perform the work. Consequently, the Town must afford JWB the opportunity to be heard in order to prove that it is responsible.
J. The fact that Warner’s bid was selected by the Town in both bids raises troubling questions about whether the bid process was open and competitive.
This project has been bid twice. The first bid attempt had even more bidders than the seven bidders during this second attempt. In both instances Warner was many millions of dollars higher in price than multiple other bidders. In the first bid, despite having lower bidders that would be perfectly capable of performing the work, the Town intended to ignore every other lower bid from capable contractors and award to Warner. In this bid, 82 Brian Solecki
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Warner’s $6.1 million+ bid was the fifth highest bid.6 But despite there being yet again multiple bids that were hundreds of thousands and multiple millions of dollars lower than Warner’s bid, the Town’s selection process somehow nevertheless selected Warner over every other bidder.
The fact that the Town’s evaluators selected Warner in two separate bids even though Warner was not close to the lowest responsible bidder in either bid raises substantial concerns about whether the bid process was truly open and competitive as required by the Public Contract Code, the Paradise Municipal Code, and the federal regulations.
One of the evaluators stated that Warner “believe in this project as members of the committee and want to complete it with excellence.” It is unclear what committee Warner has a presence on, but the evaluator’s specific notation of that membership coupled with the unusual decision to choose a single bidder that is so much higher than the low bidder in both bids calls into question what undisclosed factors played a roll in the Town’s selection.
K. At the barest minimum, the Town should require Warner to match JWB’s price in order to be awarded the contract in order to ensure proper use of public funds.
The RFP makes clear that the Town reserves the right to negotiate the final contract value with the selected bidder. If the Town refuses to reconsider its award to Warner, at the minimum the Town should use its power to negotiate the contract amount to require Warner to match JWB’s price in order to receive the contract. This would serve to ensure that public funds are not wasted, and that the Town receives fair value for what it is paying for.
L. The Town’s award to Warner risks reduction in the amount of available assistance.
FEMA’s published guidelines underscore the importance of awards to the “lowest responsible bidder” when it determines that project costs are reasonable, and therefore reimbursable. FEMA’s Hazard Mitigation Assistance Program and Policy Guide (“FEMA Policy Guide”) expressly underscores the importance of awards to the lowest responsible bidder. More important, FEMA looks to whether the contract was awarded to the lowest responsible bidder when determining whether it will reimburse costs incurred by a recipient.
6 Interestingly, Warner’s first bid was $7,396,000. In the second round of bidding, Warner reduced its bid by to $6,104,852—a reduction of $1,291,148 or approximately 18%. For exactly the same scope of work, Warner was able to reduce its price by nearly 18% prompting the question of how much excessive markup Warner has included in its bids. 83 Brian Solecki
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“A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the nonfederal entity decides to incur the cost.” (FEMA Policy Guide, 4.K.1.) “FEMA determines reasonableness by evaluating, among other things, (1) “[w]hether the applicant complied with the procurement requirements . . . FEMA generally considers contract costs reasonable when the non-federal entity adheres to full and open competition under federal procurement requirements,” and (2) “[w]hether the non-federal entity selected the lowest responsible bidder based on the selection criteria. . .” (FEMA Policy Guide, 4.K.1.1.) Further, the Federal Regulations provide: “A cost is reasonable if it does not exceed the amount that a prudent person would incur under the circumstances prevailing when the decision was made to incur the cost.” (2 C.F.R. § 200.404.) One of the central factors considered to determine if a cost is reasonable is “[w]hether the cost represents a deviation from the recipient’s or subrecipient’s established written policies and procedures for incurring costs.” (2 C.F.R. § 200.404.) Here, the Town’s established written policies require award to the lowest responsible bidder. To do otherwise would suggest that FEMA would conclude those costs are not reasonable.
Perhaps most important for the Town, “[i]f FEMA determines any of the costs to be unreasonable based on its evaluation after completing the evaluation and ensuring that all appropriate costs and factors are included as described above, FEMA may disallow all or part of the costs by adjusting eligible assistance to an amount it determines to be reasonable.”
Regardless who the Town decides to award the contract, the Town (and the BCFSC) should be extremely cautious to ensure that all costs are reasonable. The last thing the Town needs is to enter a contract with Warner and then have FEMA disallow some portion of the expense. Given the Warner’s extreme overbid, the Town must consider this risk.
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Conclusion
In addition to the legal requirements set forth in this letter, as stewards of public funds, the Town and the BCFSC have the moral imperative to ensure that those public funds— no matter their sources—are used to the maximum public benefit. An award for millions in excess of what the project should cost would be an example of waste of taxpayer funds of the first order. Regardless which contractor the Town awards the contract, it should not be for millions of dollars more than is necessary.
Very truly yours,
REYNOLDS TILBURY WOODWARD LLP
Treven Tilbury
85 Title 2 —Federal Financial Assistance
Subtitle A —Office of Management and Budget Guidance for Federal Financial Assistance Chapter II —Office of Management and Budget Guidance
Part 200 —Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
Subpart D —Post Federal Award Requirements
Procurement Standards
Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507.
Source: 89 FR 30136, Apr. 22, 2024, unless otherwise noted. § 200.320 Procurement methods.
There are three types of procurement methods described in this section: informal procurement methods (for micropurchases and simplified acquisitions); formal procurement methods (through sealed bids or proposals); and noncompetitive procurement methods. For any of these methods, the recipient or subrecipient must maintain and use documented procurement procedures, consistent with the standards of this section and §§ 200.317, 200.318, and 200.319.
This content is from the eCFR and is authoritative but unofficial. (a) Informal procurement methods for small purchases. These procurement methods expedite the completion of transactions, minimize administrative burdens, and reduce costs. Informal procurement methods may be used when the value of the procurement transaction under the Federal award does not exceed the simplified acquisition threshold as defined in § 200.1. Recipients and subrecipients may also establish a lower threshold. Informal procurement methods include:
(1) Micro-purchases —
(i) Distribution. The aggregate amount of the procurement transaction does not exceed the micropurchase threshold defined in § 200.1. To the extent practicable, the recipient or subrecipient should distribute micro-purchases equitably among qualified suppliers. (ii) Micro-purchase awards. Micro-purchases may be awarded without soliciting competitive price or rate quotations if the recipient or subrecipient considers the price reasonable based on research, experience, purchase history, or other information; and maintains documents to support its conclusion. Purchase cards may be used as a method of payment for micropurchases. (iii) Micro-purchase thresholds. The recipient or subrecipient is responsible for determining and documenting an appropriate micro-purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures. The micro-purchase threshold used by the recipient or subrecipient must be authorized or not prohibited under State, local, or tribal laws or regulations. The recipient or subrecipient may establish a threshold higher than the Federal threshold established in the Federal Acquisition Regulations (FAR) in accordance with paragraphs (a)(1)(iv) and (v) of this section.
(iv) Recipient or subrecipient increase to the micro-purchase threshold up to $50,000. The recipient or subrecipient may establish a threshold higher than the micro-purchase threshold identified in the FAR in accordance with the requirements of this section. The recipient or subrecipient may 2 CFR 200.320 (up to date as of 1/06/2025)
Procurement methods.
2 CFR 200.320 (Jan. 6, 2025)
862 CFR 200.320(a)(1)(iv) (enhanced display) page 1 of 4 self-certify a threshold up to $50,000 on an annual basis and must maintain documentation to be made available to the Federal agency or pass-through entity and auditors in accordance with § 200.334. The self-certification must include a justification, clear identification of the threshold, and supporting documentation of any of the following:
(A) A qualification as a low-risk auditee, in accordance with the criteria in § 200.520 for the most recent audit;
(B) An annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or,
(C) For public institutions, a higher threshold is consistent with State law. (v) Recipient or subrecipient increase to the micro-purchase threshold over $50,000. Micropurchase thresholds higher than $50,000 must be approved by the cognizant agency for indirect costs. The recipient or subrecipient must submit a request that includes the requirements in paragraph (a)(1)(iv) of this section. The increased threshold is valid until any factor that was relied on in the establishment and rationale of the threshold changes. (2) Simplified acquisitions —
(i) Simplified acquisition procedures. The aggregate dollar amount of the procurement transaction is higher than the micro-purchase threshold but does not exceed the simplified acquisition threshold. If simplified acquisition procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. Unless specified by the Federal agency, the recipient or subrecipient may exercise judgment in determining what number is adequate.
(ii) Simplified acquisition thresholds. The recipient or subrecipient is responsible for determining an appropriate simplified acquisition threshold based on internal controls, an evaluation of risk, and its documented procurement procedures, which may be lower than, but must not exceed, the threshold established in the FAR.
(b) Formal procurement methods. Formal procurement methods are required when the value of the procurement transaction under a Federal award exceeds the simplified acquisition threshold of the recipient or subrecipient. Formal procurement methods are competitive and require public notice. The following formal methods of procurement are used for procurement transactions above the simplified acquisition threshold determined by the recipient or subrecipient in accordance with paragraph (a)(2)(ii) of this section:
(1) Sealed bids. This is a procurement method in which bids are publicly solicited through an invitation and a firm fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid conforms with all the material terms and conditions of the invitation and is the lowest in price.
The sealed bids procurement method is preferred for procuring construction services. (i) For sealed bidding to be feasible, the following conditions should be present:
(A) A complete, adequate, and realistic specification or purchase description is available; (B) Two or more responsible bidders have been identified as willing and able to compete effectively for the business; and
(C) The procurement lends itself to a firm-fixed-price contract, and the selection of the successful bidder can be made principally based on price. 2 CFR 200.320 (up to date as of 1/06/2025)
Procurement methods.
2 CFR 200.320(a)(1)(iv)(A)
872 CFR 200.320(b)(1)(i)(C) (enhanced display) page 2 of 4 (ii) If sealed bids are used, the following requirements apply:
(A) Bids must be solicited from an adequate number of qualified sources, providing them with sufficient response time prior to the date set for opening the bids. Unless specified by the Federal agency, the recipient or subrecipient may exercise judgment in determining what number is adequate. For local governments, the invitation for bids must be publicly advertised.
(B) The invitation for bids must define the items or services with specific information, including any required specifications, for the bidder to properly respond; (C) All bids will be opened at the time and place prescribed in the invitation for bids. For local governments, the bids must be opened publicly.
(D) A firm-fixed-price contract is awarded in writing to the lowest responsive bid and responsible bidder. When specified in the invitation for bids, factors such as discounts, transportation cost, and life-cycle costs must be considered in determining which bid is the lowest. Payment discounts must only be used to determine the low bid when the recipient or subrecipient determines they are a valid factor based on prior experience. (E) The recipient or subrecipient must document and provide a justification for all bids it rejects.
(2) Proposals. This is a procurement method used when conditions are not appropriate for using sealed bids. This procurement method may result in either a fixed-price or cost-reimbursement contract.
They are awarded in accordance with the following requirements:
(i) Requests for proposals require public notice, and all evaluation factors and their relative importance must be identified. Proposals must be solicited from multiple qualified entities. To the maximum extent practicable, any proposals submitted in response to the public notice must be considered.
(ii) The recipient or subrecipient must have written procedures for conducting technical evaluations and making selections.
(iii) Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the recipient or subrecipient considering price and other factors; and (iv) The recipient or subrecipient may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby the offeror's qualifications are evaluated, and the most qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method, where the price is not used as a selection factor, can only be used to procure architectural/engineering (A/E) professional services. The method may not be used to purchase other services provided by A/E firms that are a potential source to perform the proposed effort.
(c) Noncompetitive procurement. There are specific circumstances in which the recipient or subrecipient may use a noncompetitive procurement method. The noncompetitive procurement method may only be used if one of the following circumstances applies:
(1) The aggregate amount of the procurement transaction does not exceed the micro-purchase threshold (see paragraph (a)(1) of this section);
(2) The procurement transaction can only be fulfilled by a single source; 2 CFR 200.320 (up to date as of 1/06/2025)
Procurement methods.
2 CFR 200.320(b)(1)(ii)
882 CFR 200.320(c)(2) (enhanced display) page 3 of 4
(3) The public exigency or emergency for the requirement will not permit a delay resulting from providing public notice of a competitive solicitation;
(4) The recipient or subrecipient requests in writing to use a noncompetitive procurement method, and the Federal agency or pass-through entity provides written approval; or (5) After soliciting several sources, competition is determined inadequate. 2 CFR 200.320 (up to date as of 1/06/2025)
Procurement methods.
2 CFR 200.320(c)(3)
892 CFR 200.320(c)(5) (enhanced display) page 4 of 4
90 91
92 STATE OF CALIFORNIA GAVIN NEWSOM, Governor
DEPARTMENT OF INDUSTRIAL RELATIONS
Katrina S. Hagen, Director
Office of the Director
1515 Clay Street, 17th Floor
Oakland, CA 94612
Tel: (510) 286-7087 Fax: (510) 622-3265
February 7, 2023
Dennis B. Cook
Cook Brown, LLP
2407 J Street, 2nd Floor
Sacramento, CA 95816
Re: Public Works Case No. 2021-002
Post Carr Fire Hazardous Fuels Reduction Project
California Department of Forestry and Fire Protection
Dear Mr. Cook:
This constitutes the determination of the Director of Industrial Relations regarding coverage of the above-referenced project under California’s prevailing wage laws, and is made pursuant to California Labor Code section 1773.51 and California Code of Regulations, title 8, section 16001, subdivision (a). Based on my review of the facts of this case and an analysis of the applicable law, it is my determination that the hazardous fuel reduction project (Post Carr Project or Project) is not public work and not subject to the requirements related to the payment of prevailing wages.
Facts
The 2018 Carr Fire caused extensive damage in and around Shasta County, burning more than 229,000 acres. Subsequent to the fire, the California Governor’s Office of Emergency Services (Cal OES) administered the performance of extensive work related to the fire, including removal of burned ash, recyclable metals, concrete, contaminated soil, and trees. This work was funded by the Federal Emergency Management Agency (FEMA) and was completed in 2019.
The McConnell Foundation (McConnell) intends to carry out the Post Carr Project pursuant to a grant from California Department of Forestry and Fire Protection (CAL FIRE).2 The Project will remove brush and vegetation on private property in the wildland1 Unless otherwise indicated, all further statutory references are to the California Labor Code and all subdivision references are to the subdivisions of section 1720. 2 The Project is funded through a $12.6M grant from CAL FIRE and is limited to vegetation removal and management on private property. The grant program is variously identified as a “Greenhouse Gas Reduction Fund Grant Project” and a component of 93 Determination Letter to Dennis B. Cook
Re: Public Works Case No. 2021-002
urban interface west of Redding and is intended to increase fire resiliency and reduce impacts from future wildfires.
McConnell intends through the Project to engage in a process of reducing the hazardous fuels present within the footprint of the Carr Fire in the form of the removal of brush, vegetation, and trees. The Project is intended to reduce hazardous fuels and reduce the probability of “subsequent moderate - to high-severity reburns.” (Grant Agreement No. 5GG18119 - Post Carr Fire Hazardous Fuels Reduction, Dec. 10, 2020.) The Project will not overlap with any of the FEMA funded work previously overseen by Cal OES and is limited to vegetation and tree removal on private property.
Discussion
All workers employed on public works projects must be paid at least the prevailing wage rates applicable to their work. (§ 1771.) Section 1720, subdivision (a)(1) defines “public works” to mean: construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. Section 1720, subdivision (a)(8) also defines “public works” to include tree removal done in the execution of a project under subdivision (a)(1). Further, maintenance work is another type of public work, and the prevailing wage law expressly applies to “contracts let for maintenance work.” (§ 1771; Reliable Tree Experts v. Baker (2011) 200 Cal.App.4th 785, 795-796 (Reliable Tree).)
There is no dispute that the Project is done under contract and paid for out of public funds. McConnell contends that the work it intends to perform for the Project does not qualify as public work under California’s prevailing wage laws, arguing that the work is not covered under section 1720, subdivisions (a)(1), (a)(8), or section 1771.
A. The Project Does Not Involve Construction, Alteration, Demolition, Installation, or Repair Work.
Tree removal work done in the execution of a public works contract involving construction, alteration, demolition, installation, or repair work is public work. (§ 1720, subds. (a)(1) & (a)(8).)
The removal of brush, vegetation, and trees for the Project cannot be characterized as construction, alteration, demolition, installation, or repair work as those terms have been defined under section 1720, subdivision (a)(1). Nor will the work to remove brush, vegetation, and trees be done in the execution of a project involving construction, alteration, demolition, installation or repair work. (See § 1720, subd. (a)(8).) “California Climate Investments.” (Grant Agreement No. 5GG18119, Post Carr Fire Hazardous Fuels Reduction, Dec. 10, 2020.)
94 Determination Letter to Dennis B. Cook
Re: Public Works Case No. 2021-002
Thus, the work to be performed as part of the Project is not covered under the provisions of section 1720, subdivision (a).3
B. The Project Does Not Entail Maintenance.
Section 1771 expressly requires the payment of prevailing wages for work performed under maintenance contracts. (Reliable Tree, supra, 200 Cal.App.4th at p. 788.) The Court of Appeal has held that work involving trees and their removal along state highways constituted maintenance for the purposes of the prevailing wage law. (Ibid.) Following Reliable Tree, the Department has found tree removal under certain circumstances to constitute covered maintenance work under the prevailing wage law. (PW 2020-008, Camp Fire Tree Removal Work – California Department of Resources Recycling and Recovery (Apr. 29, 2020) (Camp Fire); PW 2018-030, Salinas Fairways Tree Removal - City of Salinas (July 29, 2021) (Salinas Fairways). 4)
Work may constitute maintenance under the Labor Code and related regulations if it is “[r]outine, recurring and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility (plant, building, structure, ground facility, utility system or any real property) for its intended purposes in a safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired.” (§ 1771, Cal. Code Regs., tit. 8, § 16000.) As such, to qualify as maintenance, the work performed must be intended to preserve, protect, or keep a publicly-owned or a publicly-operated facility. Here, the Project will take place exclusively on private property, none of which is operated by a public entity, and McConnell does not anticipate that any of the work will take place in proximity to public rights-of-way. Because the Project is not anticipated to preserve, protect, or take place on publicly-owned or publicly-operated facilities or other real property, the work cannot constitute maintenance as it is defined by the Labor Code and implementing regulations.
3 None of the other definitions of “public works” in section 1720, subdivision (a) appear to be applicable to the work at issue in the Project. (See § 1720, subds. (a)(2) - (a)(7).)
4 The removal of trees after a massive fire was required in order to remove obstructions from public rights-of-way and maintain the public rights-of-way in a safe, efficient and continuously usable condition for public use, as well ensuring public safety and reducing the risk of future invasive insect infestations. (Camp Fire, supra, PW 2020- 008 at p. 6.) The removal of trees damaged in a storm from a publicly owned golf course was found to constitute maintenance. (Salinas Fairways, supra, PW 2018-030 at p. 4.) 95 Determination Letter to Dennis B. Cook
Re: Public Works Case No. 2021-002
Conclusion
For the foregoing reasons, the Post Carr Project is not public work and not subject to the requirements related to the payment of prevailing wages.
I hope this determination satisfactorily responds to your inquiry.
Sincerely,
Katrina S. Hagen
Director of Industrial Relations
96 Town of Paradise
Council Agenda Summary
Date: January 14, 2025
Agenda Item: 5(c)
ORIGINATED BY: Scott E. Huber, Town Attorney
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Bid Protest from P31 Enterprises, Inc., Related to Tree Contractor Contract for Phase 2 of the Category 4 Tree
Removal Program
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Hold a bid protest hearing related to the bid protest from P31 Enterprises, Inc.; and
2. Reject the bid protest by P31 Enterprises, Inc. for the HMGP Category 4 Hazard Tree Removal Program; or
3. Provide alternative direction to Staff. (ROLL CALL VOTE) 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. Full approval of the project was granted in September 2024 and staff has been working on initial monitoring and final surveying of the 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. P31 Enterprises, Inc. (“P31”) submitted a proposal that conformed with the requirements of the RFP, and the proposal was fully considered.
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.
97 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.
Following announcement that Warner Enterprises would be awarded the contract, P31, through its counsel, timely filed a bid protest on December 23, 2024. Staff responded to the bid protest on January 8, 2025, a copy of which is attached to this Agenda Summary.
In short, this project relates to trees and vegetation that are located on private property and that can only impact private property. As such, this is not a “public works project” as defined in statute.
Accordingly, the requirements to award a contract to the lowest bidder do not apply.
The scoring rubric utilized in this matter was published in the RFP, and it was followed with precision. Warner Enterprises received the highest score following the submittal of its response and completion of the interview process.
Staff believes that the bid protest by P31 is without merit and should be rejected.
Financial Impact:
As to the bid protest and hearing, there is no financial impact. 98 4919-1037-0573.1
Northern California:
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
Phone: 916.780.9009
Fax: 916.780.9050
Southern California:
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
Phone: 909.230.4209
Fax: 909.937.2034
Scott E. Huber
[email protected]
REPLY TO:
þ ROSEVILLE £ ONTARIO
January 8, 2025
VIA E-MAIL ONLY
[email protected]
Sean J. Filippini
Downey Brand
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Re: Town of Paradise Response to Bid Protest to HMGP Category 4 Hazard Tree Removal Program (RFP#TOPC42024)
Dear Mr. Filippini:
I am writing on behalf of the Town of Paradise in response to the letter you wrote entitled “Bid Protest to HMGP Category 4 Hazard Tree Removal Program (RFP#TOPC42024)” dated December 23, 2024 on behalf of P31 Enterprises, Inc. (“P31”). The letter indicated that you were writing on behalf P31 to lodge a protest regarding the potential award of the “HMGP Category 4 Hazard Tree Removal Program – Town of Paradise,” project agreement to another bidder. After reviewing your letter, it appears that the basis of this protest rests upon a misunderstanding of the Project, which I will outline herein.
I want to begin by reiterating that the letter you attached related to potential Government Code 1090 concerns was to alert P31 to potential legal issues on their/your end. P31’s argument that the creation of a category of work necessarily entitled them to the work was erroneous; and further that it presented a conflict between Phases I and II. As an attorney for the Town of Paradise, I felt it would be appropriate to ensure that this issue was noted by your client and considered prior to the time and expense required to prepare and submit a proposal for this phase of work. As further elucidated during our post bid debriefing, this concern did not hinder P31’s ability to compete with all of the other proposers for this phase of work within the parameters outlined in greater detail below. Further, as we discussed during the requested post bid debriefing on December 13, 2024, Government Code section 1090 was not considered in any way by those who reviewed and scored the proposals.
It is well understood that trees which are classified in the Category 4 Hazard Tree Removal Program are trees owned by private parties, situated on private property and, should the trees fall, they will remain entirely on private property. These are not trees that are owned by a public agency. Further, should any of the trees fall, they will not fall on public property or a public right of way.
99 Sean J. Filippini
January 8, 2025
4919-1037-0573.1
Northern California:
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
Phone: 916.780.9009
Fax: 916.780.9050
Southern California:
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
Phone: 909.230.4209
Fax: 909.937.2034
On October 29, 2024, the Town of Paradise (“Paradise”) published Request for Proposals (“RFP”) number TOPC42024 “HMGP Category 4 Hazard Tree Removal Program,” (the “Project”). The RFP was issued seeking responses from timber operator(s) licensed by the state of California wishing to assist Butte County in performing tree removal work in connection with removal of hazardous burnt trees which pose a danger to private property. As indicated in RFP #TOPC42024, (the “RFP”) this is not a public works project. The RFP reads, “This project is not a public works project requiring award to the lowest qualified bid and agreement is subject to FEMA regulations for reimbursement of costs.” (TOWN OF PARADISE, REQUEST FOR PROPOSALS CALIFORNIA LICENSED TIMBER OPERATOR “A” (LTO-A) RFP #TOPC42024 HMGP CATEGORY 4 HAZARD TREE REMOVAL PROGRAM (2024), 11 [hereinafter RFP #TOPC42024]). Therefore, the California statutory “lowest responsible bidder” requirements do not apply. Interested parties who disagreed with the determination and decided to proceed with submitting a proposal were required to “Immediately inform the Town of any problems with” the solicitation. (RFP #TOPC42024 § 3.1(c).) A failure to request clarification or inform Paradise that this was, in P31’s opinion, a problem with RFP #TOPC42024 prior to submitting their bid constitutes agreement with the terms of the document and a waiver of P31’s ability to challenge the determination now.
Further, this determination is supported by the California Department of Industrial Relations’ (“DIR”) most recent public works coverage determination related to Federal Emergency Management Agency (“FEMA”) funded clean up after the Carr wildfire. (Post Carr Fire Hazardous Fuels Reduction Project California Department of Forestry and Fire Protection, PW Case No. 2021-002 (Cal. Dep’t of Industr. Rel. February 7, 2023) [hereinafter Public Works Case No. 2021-002].) The DIR issued Public Works Case No. 2021-002, a written determination that the FEMA funded proposal to remove vegetation and trees on private property damaged by the Carr fire was not a public works project subject to prevailing wage requirements. (Supra.) The description of this Project is nearly identical to the Post Carr Fire project, confirming Paradise’s assessment that this is not a public works project.
Additionally, the RFP clearly states that this Project is eligible for FEMA funding and therefore the contract would be awarded pursuant to FEMA’s eligibility requirements. In fact, the RFP references the appropriate section from the Code of Federal Regulations the Town of Paradise would be utilizing to review and score the proposals it received from hopeful bidders.
The RFP reads, “FEMA procurement regulations require that cost be evaluated for competitive proposal procurement. These provisions are provided in 2 C.F.R. § 200.319(d)(4) provided below: ‘Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered.’” (RFP #TOPC42024, at 11; see 2 C.F.R. § 200.320(b)(2)(iii).) While the reference in RFP #TOPC42024 should be to 2 C.F.R. § 200.320(b)(2)(iii), the quotation utilized is correct and comes from the appropriate subsection of the Code of Federal Regulations, which deals with proposals. As such, bidders were appropriately notified of the evaluation procedure which the town would utilize as well as the 100
Sean J. Filippini
January 8, 2025
4919-1037-0573.1
Northern California:
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
Phone: 916.780.9009
Fax: 916.780.9050
Southern California:
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
Phone: 909.230.4209
Fax: 909.937.2034
fact that it would not be granted solely based on the lowest responsive bid. Further, the code of federal regulations indicates elsewhere that prospective government contractor is not entitled to contract award merely because it is the low bidder. (27 C.F.R. § 9.103(c).) For this reason, there are more categories in the scoring assessment of the proposals than simply price.
Paradise goes on to outline the scoring system for proposals which also clearly indicates that the Project agreement will not simply be granted to the lowest responsible bidder. (Id. at 12-
14.) Instead, it plainly lists the weight given to each category when assessing the proposals. (Id.) This system is both consistent with Code of Federal Regulations Title 2, sections 200.319 and 200.320, and was disclosed prior to the submission of a proposal or bid packet. As such, the appropriate time to challenge the evaluation criteria, weight of each category and process by which the final agreement will be awarded, was prior to the submission of a bid. (Id. at § 3.1.) Finally, the letter cites incorrect language from the Paradise Municipal Code. Paradise Municipal Code section 2.45.010(B) reads “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.” This language was recently updated by the Town Council. We have attached the most recent language of the applicable section of the Paradise Municipal Code for your reference.
Further, Paradise Municipal Code section 2.45.080 does not apply to this contract, because as established above and delineated in RFP #TOPC42024, this Project is not a public works contract. Therefore, Paradise appropriately considered the factors in each proposal, including price, and intends to award the agreement to the “firm whose proposal is most advantageous” “with price and other factors considered.” (2 C.F.R. § 200.320(b)(2)(iii).) In light of the above authorities, the other points raised in your letter are irrelevant to the analysis of this matter and do not change the outcome. Accordingly, we decline to recite and refute each of them individually.
Paradise did everything in its power to make clear to potential bidders that it would consider more factors than price when considering the award of the agreement. Paradise vehemently disagrees with the irresponsible assertions in P31’s letter that the consideration of factors other than price in the award of this agreement is an attempt to flout the law or to waste tax dollars on such an important project.
We have scheduled a bid protest hearing for January 14, 2025, at the regularly scheduled Town Council Meeting. The Meeting will begin at 6:00 pm and will take place at Paradise Town Hall, located at 5555 Skyway, Paradise, CA 95969. Should JWB wish to maintain its bid protest after receipt of this opinion from the Town of Paradise, representatives of JWB will be required to appear at the hearing. The Town Council will offer up to 10 minutes for JWB or its representatives to make a presentation to the Town Council in support of its position. Please be 101
Sean J. Filippini
January 8, 2025
4919-1037-0573.1
Northern California:
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
Phone: 916.780.9009
Fax: 916.780.9050
Southern California:
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
Phone: 909.230.4209
Fax: 909.937.2034
aware that JWB’s protest does not require Paradise to delay the award of the Agreement to the bidder it has deemed the most advantageous.
Sincerely,
Scott E. Huber
COLE HUBER LLP
SEH/JM
Attachments:
P31 Enterprise, Inc.’s Letter dated December 11, 2024
2 C.F.R. § 200.320
Paradise Municipal Code section 2.45.010
DIR Public Works Case No. 2021-002
102
Sean J. Filippini
[email protected]
916.520.5430 Direct
916.520.5830 Fax
Downey Brand LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
916.444.1000 Main
downeybrand.com
December 23, 2024
VIA E-MAIL AND U.S. MAIL
Director of Recovery and Economic
Development Department & Project Manager
Brian Solecki
Town of Paradise
5555 Skyway
Paradise, CA 95969
[email protected]
Re: Bid Protest to HMGP Category 4 Hazard Tree Removal Program (RFP#TOPC42024)
Dear Mr. Solecki:
This office represents P31 Enterprises, Inc. (“P31”). The purpose of this letter is to formally protest the Town of Paradise’s (the “Town”) anticipated award of the “HMGP Category 4 Hazard Tree Removal Program,” RFP#TOPC42024 (the “Project”) to Warner Enterprises, Inc. (“Warner”).
INTRODUCTION
P31 is the Project’s lowest responsive and responsible bidder out of seven bidders. P31’s bid is for $2,303,784.36. Warner is the Project’s fifth highest bidder. Warner’s bid price is $6,104,852. Warner’s bid is $3,801,067.64 higher—a staggering 265% higher bid price. None of these facts are disputed. This alone dictates that P31’s protest be sustained and the Project be awarded to P31.
Under any and every conceivable bid evaluation methodology, the Project must be awarded to P31. The Code of Federal Regulations mandates that the Project be awarded to P31.
The California Public Contract Code mandates that the Project be awarded to P31. The Town’s Municipal Code mandates that the Project be awarded to P31. Finally, basic logic and common sense dictates that the Project be awarded to P31.
In any event, this analysis begins and ends with the fact that there is no exception to the California Public Contract Code’s requirement that the Project be awarded to the lowest responsive and responsible bidder. The Town has never provided a rationale for the abandonment of this fundamental requirement, other than by asserting that 75% of the Project’s funds come from the Federal Government and thereby inferring that the California Public 103
Director of Recovery and Economic Development Department and Brian Solecki December 23, 2024
Contract Code’s requirements are somehow inapplicable. However, neither the California legislature—nor any other Federal legislative body—has ever created a “funding” exception to the Public Contract Code’s requirements. For this reason alone, this protest should be sustained and the Project awarded to P31.
The Town’s potential award of the Project to Warner under these circumstances—which would entail an egregiously excessive waste of $3,801,067.64 for the exact same scope of work—is wildly inconsistent with the Town’s long established history of good stewardship of taxpayer funds. The fact that 75% of the Project’s funding is coming from Federal Taxpayers and 25% is coming from California State Taxpayers is not a reason justifying the Town’s abandonment of its history of good stewardship of taxpayer dollars. If anything, these circumstances justify an even stronger stewardship of federal and state taxpayer dollars. This is especially true given the very recent lobbying undertaken by Town Councilman Steve Crowder in Washington DC.
As you may be aware, Councilman Crowder traveled to Washington DC in November to lobby Federal lawmakers for taxpayer dollars to benefit the Town’s Camp Fire survivors.
Despite these efforts, the very same month, the Town’s staff inexplicably determined that it was appropriate to unnecessarily waste $3,801,067.64 of taxpayer dollars in selecting Warner over P31. This completely defies logic and common sense—and would almost certainly draw intense public scrutiny if the Town proceeds with an award to Warner under these circumstances.
Accordingly, the Town must reconsider its expressed intent and make an ultimate decision that is consistent with both its legal obligations and basic common sense.
LEGAL ANALYSIS
A. P31 Is Not Precluded From Being Awarded the Project Under Government Code Section 1090
Following the Town’s receipt of the first round of bids for Phase II of the Project earlier this year, the Town asserted that P31 was prohibited from being awarded the Project because of Government Code section 1090. The Town previously concluded that P31’s role as the arborist/contractor during Phase I of the Project disqualified it from participating in Phase II of the Project under section 1090.
In a May 13, 2024 letter to my office,1 Town attorney Scott Huber stated, in relevant part:
• “In light of the Government Code and interpreting opinions, P31 cannot be hired to advise on the scope of a project and then be awarded the subsequent phases of that same project because its advisement sets the scope of the project work to be achieved.
Here, P31 advised the Town on, assessed, and identified hazardous trees in Phase I. It thus has a conflict of interest precluding it from benefitting in Phase II from the scope of work P31 itself created. See e.g., Govt. Code §§ 1090; 1097.6.” (Emphasis added.) 1 Attached hereto as Exhibit A.
104
Director of Recovery and Economic Development Department and Brian Solecki December 23, 2024
My office subsequently sent a response letter to Mr. Huber’s May 13 letter where we expressed our disagreement with this determination. All bids were eventually rejected on the Project’s first round of bidding, however neither Mr. Huber nor anyone else at the Town ever responded to our response letter.
Although the Town expressed the position that P31 was precluded from further bidding, and never responded to my firm’s response letter, P31 proceeded to submit a bid for the second (and present) round of bidding on the Project. As noted above, P31 is the lowest responsive and responsible bidder of the seven bidders. Despite this, the Town did not provide P31 with an interview, but did provide the second and fifth highest bidders with interviews. P31 therefore assumed that it was not being considered for an award because of the Town’s prior determination that P31 was precluded based on the alleged unfair advantage it had over the other bidders arising from the Project’s scope of work it supposedly “set” and “created.” On December 13, 2024, during P31’s “debriefing” session, the Town’s attorney, Mr.
Huber, represented that the Town had reversed its prior determination on the application of Government Code section 1090 to P31 and that P31 was no longer precluded on that basis. This was the first time P31 was ever made aware of the Town’s reversal of its position. Mr. Huber went on to explain, remarkably, that Government Code section 1090’s preclusion played no role in the Town’s evaluation of P31’s bid or determination to award the Project.
P31 subsequently proceeded to analyze the Town’s methodology through that lens. The resulting conclusions make the Town’s intended award of the Project to Warner even more puzzling, as explained in further detail below.
B. The California Public Contract Code Must Be Followed—There is No Exception There is no dispute that an award of the Project to Warner would violate the requirements of the California Public Contract Code. The Town appears to be prepared to disregard these legal requirements based on a view that partial Federal grant funding for a project creates an express exemption from the California Public Contract Code. However, there is zero legal support for this view and the Town has tellingly never cited to any law supporting its position.
The RFP includes the following conclusory and legally unsupported statement: “[t]his project is not a public works project requiring award to the lowest qualified bid … .” However, as noted above, there is zero legal authority referenced in the RFP—or anywhere else— supporting this assertion.
In fact, “[g]enerally, cities, as well as other public entities, are required to put significant contracts out for competitive bidding and to award the contract to the lowest responsible bidder. (Citation.)” (Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal.App.4th 1432, 1438.) Accordingly, there is no exception to the California Public Contract’s requirement that the Town must award the Project to the lowest responsive and responsible bidder. 105
Director of Recovery and Economic Development Department and Brian Solecki December 23, 2024
C. P31 Is the Lowest Responsive and Responsible Bidder
Here, it is not disputed that: 1) P31’s bid is the lowest; 2) P31’s bid was responsive; and 3) P31 is a responsible bidder that is clearly capable of completing the work as set forth in the Project documents.
Accordingly, the Town must award the Project to P31.
D. The Code of Federal Regulations Requires the Town Award the Project to P31 Even if the California legislature had created an express exception that allowed public entities to disregard the requirements of the California Public Contract Code when federal funds were partially utilized for a project—instead exclusively applying the Code of Federal Regulations’ requirements (as indicated by the RFP)—the Town would nonetheless be required to award the Project to P31.
FEMA’s Procurement Standards, which can be found in the Code of Federal Regulations, require that cost be considered in competitive proposal procurements. These provisions are provided in 2 C.F.R. § 200.320(b)(2)(iii): “Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the recipient or subrecipient considering price and other factors.” What the Town fails to cite or allude to, however, is that the FEMA Procurement Standards actually provide two formal procurement methods—the “Sealed bids” and “Proposals” methods—as well as the circumstances justifying their application.
Here, the Town disregarded the FEMA Procurement Standard’s explicitly preferred procurement method that requires an award to the lowest responsible bidder—the Sealed bids method—and instead improperly selected the Proposals method, which the Town appears to believe allows it to award the Project pursuant to its subjective evaluation methodology. This evaluation methodology weighted the only objective factor, cost, at only 15% and wholly subjective factors at 85%. More specifically, 2 C.F.R. § 200.320(b)(2) states that the Proposals method “is a procurement method used when conditions are not appropriate for using sealed bids.” However, as demonstrated below, the conditions are appropriate for using Sealed bids method and the Code of Federal Regulations thus requires the Town award P31 the Project as the lowest responsible bidder.
1. The Sealed Bids Method Applies and Requires an Award to P31 2 C.F.R. § 200.320(b)(1) provides that the “Sealed bids” method “is a procurement method in which bids are publicly solicited through an invitation and a firm fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid conforms with all the material terms and conditions of the invitation and is the lowest in price. The sealed bids procurement method is preferred for procuring construction services.” The circumstances here justify application of the Sealed bids method. The Town publicly solicited bids by way of its RFP and offered a firm fixed-price contract (by unit price). P31’s bid conformed with all the material terms and conditions of the RFP and is the lowest in price. The Project also involves a 106
Director of Recovery and Economic Development Department and Brian Solecki December 23, 2024
scope of work that involves construction services. Therefore, the Town should award P31 the Project pursuant to the Sealed bids method.
Moreover, 2.C.F.R. § 200.320(b)(1)(i) provides additional conditions that should be present for the “Sealed bids” method to be feasible—which again are satisfied here. Specifically, this section requires that “(A) A complete, adequate, and realistic specification or purchase description is available; (B) Two or more responsible bidders have been identified as willing and able to compete effectively for the business; and (C) The procurement lends itself to a firmfixed-price contract, and the selection of the successful bidder can be made principally on price.” The Project’s specifications are complete, adequate, and realistic because the Project simply requires the successful bidder remove hazardous burnt trees that P31 has already identified, as well as perform other ancillary activities. Additionally, there were seven bidders for the Project, the Project lends itself to a firm-fixed-price-contract (as evidenced by the RFP’s proposed firmfixed-price contract), and the Town can select the successful bidder principally on price.
The Sealed bids method thus applies here. Accordingly, 2 C.F.R. § 200.320(b)(1)(iii)(D) requires the Town award the Project to the lowest responsive and responsible bidder—P31.
E. The Paradise Municipal Code Requires the Town Award the Project to P31 Even if the Town disregarded both the California Public Contract Code and Code of Federal Regulations, the Town’s own Municipal Code requires that the Project be awarded to P31.
Municipal Code section 2.45.080 requires that “purchases of supplies, equipment or services with a total projected value of two hundred fifty thousand dollars ($250,000) or more … shall be by formal written bid for a lowest responsible bidder pursuant to the following procedure … .” Subsection (E) specifically mentions the use of “sealed bids” and subsection (H) again provides that “contracts shall be awarded to the lowest responsible and responsive bidder.” The Town’s own Municipal Code thus required it use the Sealed bids method, rather than the subjective Proposals method, and award the Project to P31 as it is the lowest responsive and responsible bidder because the Project includes services with a total projected value that far exceeds $250,000.
F. The Town’s Subjective Evaluation Methodology Flouts the Public Contract Code, the Code of Federal Regulations, and the Paradise Municipal Code The Town’s bid evaluation methodology is fundamentally flawed for a litany of reasons.
First and foremost, any bid evaluation methodology that is capable of the purported scoring results here (with the fifth highest bidder scoring the highest scored bid despite being 265% higher than the lowest responsive and responsible bid) is so obviously flawed that it must be disregarded. The proverbial proof is in the pudding.
Beyond the fact that the result establishes everything to know about the “methodology,” its component parts flout the fundamental purpose of competitive bidding laws. The methodology considers six factors. The only objective factor of the six is cost—which is factored at 15% scoring weight. The remaining five factors account for the remaining 85% 107
Director of Recovery and Economic Development Department and Brian Solecki December 23, 2024
scoring weight. All five remaining factors are purely subjective. Compounding the pure subjectivity of these five factors is the fact that there is zero objective criteria for evaluators to utilize in their scoring. The practical application of the methodology, quite literally, enables the evaluators to select any bidder that they see fit—regardless of bid price.
The methodology utilized by the Town is not a published or accepted methodology anywhere in the world of public contracting. When P31 questioned the Town about the genesis of the methodology (at the December 13 debriefing), the Town acknowledged that it did not know the actual genesis of the methodology and instead pointed to the fact that it was previously utilized by the Town—as if that somehow justifies its use here.
The California Public Contract Code intends to “provide all qualified bidders with a fair opportunity to enter the bidding process, thereby stimulating competition in a manner conducive to sound fiscal practices” and “eliminate favoritism, fraud, and corruption in the awarding of public contracts.” 2 C.F.R. § 200.319 states that “[a]ll procurement transactions under the Federal award must be conducted in a manner that provides full and open competition … .” It also provides examples of situations that may restrict competition, such as “[o]rganizational conflicts of interest” and “[a]ny arbitrary action in the procurement process.” Finally, the Paradise Municipal Code’s purchasing system purpose and policy “declares that it shall be the public policy of the town to make all purchases of supplies and services in a manner that is fair, efficient, and economical. The town purchase system is intended to: 1. Provide for public confidence; 2. Guarantee fair and equitable treatment for all involved; 3. Employ effective broad based free and open competition; 4. Guarantee maximum value for town expenditures; 5. Be performed in a thoroughly professional manner, with honesty and integrity, and in compliance with applicable laws and regulations; [and] 6. Provide safeguards for maintaining a quality procurement system.” (Paradise Code of Ordinances, § 2.45.010.)
1. The Town’s Methodology Promotes Favoritism and Fraud And Discourages Free and Open Competition
The Town’s use of subjective evaluation criteria, such as Experience (20%), Personnel (20%), Statement of Availability to Perform (10%), Proposal Format (10%), and Understanding, Approach, and Scope (25%) violate the fundamental purposes of public bidding laws. This is because they rely solely on the Town evaluators’ subjective interpretations of matters such as how well the bidder is structured to address the Project’s workload, whether the proposal was professional in nature, or the bidder’s reputation for being reliable. All without any objective criteria to base any evaluation. Such subjectivity, especially when utilized to select the fifth highest bid of the seven received, discourages both the good stewardship of taxpayer dollars and free and open competition, and actually promotes favoritism and fraud.
This promotion of favoritism and fraud is especially true given that this Project has been bid twice and on both occasions Butte County Fire Safe Council (“BCFSC”)2 members 2 The BCFSC members’ participation on the evaluation committee also violates the Town’s Municipal Code. Section 2.45.030 dictates that the Town Manager “shall be the purchasing officer,” who “shall direct and supervise the town purchasing program.” Section 2.45.040 then 108
Director of Recovery and Economic Development Department and Brian Solecki December 23, 2024
attempted to award Warner the Project even though Warner was the fifth highest bidder. These facts raise significant questions as to the impartialness of the Town’s and BCFSC’s members towards Warner, to say the least.
Furthermore, the application of the Town’s methodology here practically resulted in cost being the least consequential factor of the six. Notably, the substantial differences in cost between P31 and Warner only accounted for a delta of 60 points out of 1500—representing a 4% difference in score, which is significantly below the supposed weighting of 15%. It is not permissible, under any public contracting authority in the United States, that cost be limited to 4% of the bid evaluation.
Moreover, as noted in J.W. Bamford’s protest letter dated December 11, 2024, it appears the Town failed to adhere to the four-step calculation provided in Table 1 of the RFP, Section 4(f), and failed to explain the methodology behind the RFP CAT4 Proposal Evaluation Cost Summary’s “Points to Deduct” and “Cost Score Rounded” columns. This further discredits the Town’s evaluation process.
2. The Completely Arbitrary Nature of The Methodology is Exposed Through the Town’s Evaluation of P31’s “Understanding” of The Scope of Work The most substantial factor considered by the RFP’s methodology is a bidder’s “understanding, approach, and scope,” which is weighted at 25%. The RFP’s criteria for this factor is:
• “Does the proposer provide a sound understanding and logical approach to this project? How well does the applicant demonstrate experience and competence? Is the Scope of work complete and appropriate? Does the applicant provide a level of insight that demonstrates a strong potential for successful outcomes?” lists, among other things, the purchasing officer’s power to “[d]elegate purchasing authority to department directors in conformity with Section 2.45.050 and general conformity with this chapter.” Section 2.45.050 enables the town manager to “authorize any department director to independently purchase or contract for … services.” However, it also requires that “[a]ll such purchases shall be made in conformity with the procedures established by this chapter” and that “[u]ltimate authority and responsibility for compliance with this chapter shall rest with the purchasing officer.” Simply put, the purchasing officer here exceeded its powers by permitting BCFSC personnel to participate on the evaluation committee because they are not department directors and this delegation of evaluation authority seemingly abdicated the purchasing officer’s ultimate authority and responsibility for compliance with the Town’s purchasing system requirements, including awarding the contract to the lowest responsible bidder. (See Dynamic Industries Co. v. Long Beach (1958) 159 Cal.App.2d 294, 298–299.) Moreover, nothing in the Project’s RFP, Public Contract Code, Code of Federal Regulations, or the Town’s Municipal Code permit this process.
109
Director of Recovery and Economic Development Department and Brian Solecki December 23, 2024
Essentially, this factor prioritizes bidders that understand the scope of work and demonstrate insight in how to perform the scope of work. The combined weighted score of each respective bidder as to this “understanding the scope of work factor” was:
1. Warner: 340
2. Sierra Valley: 320
3. Mountain Enterprises:317.5
4. Arbor Pros: 297.5
5. JW Bamford: 267.5
6. Anvil Builders: 252.5
7. P31: 232.5
Therefore, the Town’s methodology resulted in P31 having the absolute lowest score of the seven bidders when it came to the subjective assessment of how well P31 understood the Project’s scope of work. P31’s “understanding” of the Project’s scope of work was scored as 107.5 points below Warner’s “understanding.”
The egregiously arbitrary nature of the Town’s methodology is perhaps most apparent here. As the Town noted in May 2024, P31 “set” and “created” the scope of work for this Project.
And as a result of the fact that P31 previously created the Project’s scope of work (by determining and marking all of the trees that were to be removed), the Town previously determined that P31 should be disqualified from bidding on the Project because it had an unfair advantage over the other bidders.
Yet, when the Project bids were scored by the Town, the Town inexplicably determined that P31’s “understanding” of the Project’s scope was the lowest of all seven bidders and that Warner’s “understanding” was overwhelmingly better than P31’s.
The Town’s scoring of P31’s “understanding” of the Project was the reason that P31 did not receive the most total points. Warner’s total points was the highest at 1175. P31’s total points was third highest at 1093.50. Thus, Warner scored 81.5 total points higher than P31.
Had the Town awarded P31 the same amount of points as Warner for P31’s “understanding” of the Project, P31’s total score would have increased by 107.5 points—causing P31 to have the highest scoring bid.
It is absurd that the Town, out of one side of its mouth, asserts that P31 knows so much about the Project that it has an unfair advantage over all other bidders. Then, out of the other side of its mouth, asserts that P31 has the worst understanding out of all the bidders and scores P31’s understanding 107.5 less points than Warner.
Paradoxically, P31 had too much “understanding” about the Project scope of work in the Spring 2024 to be awarded the Project. But it had too little “understanding” about the Project scope of work in the Fall 2024 to be awarded the Project.
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Director of Recovery and Economic Development Department and Brian Solecki December 23, 2024
At the absolute best for the City, this paradox underscores the impermissibly arbitrary and subjective nature of the Town’s methodology. At worst, it reflects that the Town is engaged in blatant fraud, corruption, and/or favoritism of Warner at the substantial expense of taxpayers.
CONCLUSION
An award to Warner cannot possibly stand under any scenario. It would represent a blatant waste of government resources at a time when the Town is desperately in need of those resources—and lobbying hard in Washington DC to get them.
P31 is the lowest responsive and responsible bidder for the Project. It can, and will, perform the exact same scope of work as Warner for $3,801,067.64 less. P31 should thus be awarded the Project. The law, common sense, and American taxpayers demand it.
Sincerely,
DOWNEY BRAND LLP
Sean J. Filippini
cc: Scott Huber, Town of Paradise Attorney (via email: [email protected]) 4529961.3
111
Exhibit A
112
4892-3452-6910.1
Northern California:
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
Phone: 916.780.9009
Fax: 916.780.9050
Southern California:
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
Phone: 909.230.4209
Fax: 909.937.2034
Scott E. Huber
[email protected]
REPLY TO:
þ ROSEVILLE £ ONTARIO
May 13, 2024
VIA E-MAIL
[email protected]
Sean J. Filippini
Downey Brand LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Re: Butte Fire Safe Council Request for Proposals
Dear Mr. Filippini:
The law firm of Cole Huber LLP serves as the Town Attorneys for the Town of Paradise.
We write on behalf of the Town. This responds to your letters related to P31 Enterprises, Inc.’s (“P31”) request for proposals for the Butte County Fire Safe Council (BCFSC) and Town of Paradise FEMA Category 4 Hazard Tree Removal Program, among other documents. We do not represent BCFSC but have asked them to release the requested records to you. Attached to this letter are documents concerning the RFP process. To the extent your letters are meant to formally challenge the BCFSC’s ability to award the RFP to another contractor, this letter also explains BCFSC’s authority.
BCFSC has indicated to us that it will provide you with documents concerning the RFP process. The following documents from the Town are included with this letter:
1. Contracts delegating RFP process to BCFSC.
2. Town Council minutes, dated June 14, 2022, recording award of Phase I of the program to P31 Enterprises, Inc.
3. Town Council minutes, dated May 9, 2023, recording delegation of Phase II of the program to BCFSC.
As for an explanation of the legal authority under which BCFSC acted, the Town has been working with the Federal Emergency Management Agency (FEMA) through its federally-funded program for the removal of dangerous trees destroyed by the Camp Fire. The program entails multiple phases, the RFPs for which have been publicly and transparently posted.
The Town awarded Phase I of the Category 4 Hazard Tree Removal Program to P31 on June 14, 2022. Phase I involved engagement of arborist services for the assessment and identification of hazardous trees for removal. To effectuate the eventual removal of trees, on May 9, 2023, the Town Council approved delegation of the implementation and management of Phase 113
Sean J. Filippini
May 13, 2024
4892-3452-6910.1
Northern California:
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
Phone: 916.780.9009
Fax: 916.780.9050
Southern California:
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
Phone: 909.230.4209
Fax: 909.937.2034
II to BCFSC. Phase II involves engagement of a contractor for the actual removal of trees assessed as hazardous. FEMA, alongside the California Governor’s Office of Emergency Services, approved the delegation of Phase II to BCFSC.
Under the attached contracts, BCFSC is required to comply with all requirements of public RFP processes, in addition to FEMA regulations. BCFSC has made a selection of a contractor for Phase II but no contract has been awarded. No contract will be awarded until funding and environmental requirements have been completed by all agencies involved, particularly FEMA.
It is the Town’s understanding that P31 was eliminated as a bidder for Phase II. This is because, as stated above, P31 was the arborist/contractor for Phase I. P31 is, consequently, not eligible for participation in Phase II. In the light of the Government Code and interpreting opinions, P31 cannot be hired to advise on the scope of a project and then be awarded the subsequent phases of that same project because its advisement sets the scope of the project work to be achieved. Here, P31 advised the Town on, assessed, and identified hazardous trees in Phase I. It thus has a conflict of interest precluding it from benefitting in Phase II from the scope of work P31 itself created. See e.g., Govt. Code §§ 1090; 1097.6.
Lastly, please note that the Town was surprised by your discourteous letter of May 7, 2024, accusing BCFSC—and by necessary extension the Town—of ignoring correspondence and willfully avoiding transparency because you did not receive a response within three days, particularly given the fact that we spoke on the phone the very day you emailed the letter. There is no reason that the parties’ professional relationships need be fraught.
In our conversation around April 29, 2024, I told you that the Town would provide documents and request that documents be delivered to you. You said that was acceptable. As this letter, and the forthcoming documents from BCFSC show, the Town and BCFSC have made courteous and diligent efforts to transparently respond.
Please reach out to me should you have any questions about this response. You can contact me at (916) 780-9009 or [email protected].
Sincerely,
Scott E. Huber
COLE HUBER LLP
SEH/tjs
Encls.: Contracts with BCFSC
Town Council minutes
114
TOWN COUNCIL
Meeting Minutes
6:00 PM – June 14, 2022
1. OPENING
The Regular meeting of the Paradise Town Council was called to order by Mayor Crowder at 6:00 p.m. in the Town Council Chamber located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America. An invocation was offered by Council Member Jody Jones.
At 6:02 p.m. Mayor Crowder announced the following:
Agenda items (2a-2d) were unanimously adopted at the Special Town Council meeting held at 5:00 p.m. on June 14, 2022: Resolutions No. 2022-34 through 2022-37, related to the MOU’s from July 1, 2022 to June 30, 2025 between the following: The Town of Paradise and the Town of Paradise Police Officer’s Association, the Town of Paradise and the Town of Paradise Police Management and Mid-Management Association, Town of Paradise and the Town of Paradise Confidential and Mid-Management Association, and the Town of Paradise and the Town of Paradise Management Group. 2e. Direction was given, no action was taken.
COUNCIL MEMBERS PRESENT: Greg Bolin, Steve “Woody” Culleton, Jody Jones, Rose Tryon and Steve Crowder, Mayor.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Kevin Phillips, Town Attorney Scott E. Huber, Town Clerk Dina Volenski, Finance Director/Town Treasurer Ross Gilb, Community Development Director Susan Hartman, Community Development Director Tony Lindsey Information Systems Director Luis Marquez, Public Works Director/Town Engineer Marc Mattox, Recovery and Economic Development Director Colette Curtis, Fire Chief Garrett Sjolund, Fire Chief Patrick Purvis, Battalion Chief Rick Manson and Principal Engineer Ashley Stanley.
1a. Fire Chief Garrett Sjolund shared a video from the Cal Fire North Ops Predictive Services which detailed summer 2022’s upcoming Fire Season and introduced the new Northern Division Chief, Patrick Purvis. 1b. Camp Fire recovery updates - Written reports are included in the agenda packet: (110-60-061)
Colette Curtis, Recovery and Economic Development Director - Recovery projects, Advocacy, Economic Recovery and Development,
Communications and Emergency Operations.
Marc Mattox, Public Works Director/Town Engineer - Infrastructure and Sewer Update
115
Tony Lindsey, CDD-Building and Code Enforcement - Code Enforcement Update
2. CONSENT CALENDAR
MOTION by Bolin, seconded by Culleton, approved consent calendar items 2a through 2e. Roll call vote was unanimous.
2a. Approved minutes from the May 10, 2022, Special and Regular meetings and the May 31, 2022 Special meeting.
2b. Approved May 2022 Cash Disbursements in the amount of $3,398,869.57. (310-10-034)
2c. Adopted Resolution No. 2022-38, “A Resolution of Intention of the Town Council of the Town of Paradise to Set a Public Hearing to Consider Naming an Existing Private Access Easement off Pentz Road, Located in the Town of Paradise. Petitioner: Travis Thomsen, et al”. (950-65-006) 2d. Waived the second reading of Town Ordinance No. 618 and approved reading by title only; and, adopted Town Ordinance No. 618, "An Ordinance Amending Chapter 8.58.060 to the Paradise Municipal Code Relating to Defensible Space and Hazardous Fuel Management". (540-16-187) 2e. Approved an amended and restated professional services agreement with Kevin Phillips for Town Manager services with an expiration date of June 30, 2025 and authorized the mayor to execute the agreement. (510-20-271)
3. ITEMS REMOVED FROM CONSENT CALENDAR - None
4. PUBLIC COMMUNICATION
1. Ward Habriel spoke about Senate Bill 1383 and how reusing plastic is better than recycling it.
2. Aaron Singer from the Campfire Collaborative and Spiritual Emotional Awareness shared that the Collaborative will be in Paradise on August 1st at Party in the Park to share ways to encourage and support emotional wellness and to introduce the community to Soul Sanctuary, a program which will provide free therapy for eligible low-income residents.
5. PUBLIC HEARINGS
5a. Community Development Director Susan Hartman provided an overview of the proposed Paradise Housing Element Update and a post-publication amendment to the proposed Housing Element. She reported on the four changes to the original draft per the State Department of Housing & Community Development (HCD) comments: 1. Fair Housing Assessment – due to the lack of detailed post-fire census data, HCD allowed the Town to use local data and knowledge within the fair housing assessment; 2.
Permitting Process – Additional detailed information was included regarding 116
the Town’s permitting process for development projects in terms of which the review body had final authority, review timelines and required application approvals; 3. Sites Inventory for RHNA – Provided additional information on how the Town calculates affordability for manufactured housing as well as additional analysis on zoning for emergency shelters and supportive housing; and 4. Program Timeframes- three proposed Programs needed to have definitive timelines: developing density bonus incentives; updating the Town’s housing conditions survey; and how often staff will meet with the Far Northern Regional Center.
Director Hartman also reported that there were three additional HCD comments that were unable to be incorporated into the report before the agenda was published: 1) to remove the term “state-licensed” from in front of the phrase ‘residential care facilities’ which appears twice, once on page 24 and once on page 87, and 2) to add a reference to Table 4-4, which shows recently completed multi-family projects, and 3) to amend the Council Resolution to allow staff to make non-substantive changes in response to any additional HCD comments during the certification process.
Mayor Crowder opened the public hearing at 7:04 p.m.
There were no public comments.
Mayor Crowder closed the public hearing at 7:05 p.m.
MOTION by Culleton, seconded by Jones, concurred with the recommended actions adopted by the Planning Commission of May 24, 2022, and embodied within Planning Commission Resolution No. 2022-02; and certified and adopted the proposed Initial Study and Negative Declaration document as it relates to the proposed 2022-2030 Town of Paradise Housing Element Update; and adopted Town of Paradise Resolution No. 2022-39, “A Resolution of the Town Council of the Town of Paradise Adopting an Amendment to the Housing Element (2022-2030 Housing Element) of the 1994 Paradise General Plan with the change to the Resolution to read: Town Council authorizes the Town Manager or his designee to make non-substantive changes to any additional edits requested by HCD for certification. Roll call vote was unanimous. (760-40-062)
6. COUNCIL CONSIDERATION
6a. Community Development Director Susan Hartman provided an overview of the proposed ordinance and the conditions as required by SB1383.
1. Ward Habriel spoke in opposition to this order.
MOTION by Bolin, seconded by Culleton, Waived the first reading of Town Ordinance No. 619 and read by title only, and, introduced Town Ordinance No. 619, “An Ordinance of the Town Council of the Town of Paradise Amending Text Regulations within Paradise Municipal Code 117
Chapter 8.08 [Solid Waste] and Adding Article 1 Regarding Mandatory Municipal MSW, Recyclable Material, and Organic Waste Disposal Reduction Consistent with New State Law Requirements”. AYES: Bolin, Culleton, and Crowder; NOES: Jones and Tryon; ABSTAIN: None; ABSENT: None.
The introduction of Ordinance 619 was not passed unanimously, as such, this item will come back under consideration at the July Town Council meeting. (540-16-188)
6b. Recovery and Economic Development Director Colette Curtis provided an overview of staff’s recommendation to select P31 Enterprises of Oroville for Category 4 Tree Removal. This is a voluntary program with a cost share of 75%-25%.
MOTION by Bolin, seconded by Jones, concurred with staff’s recommendation to select P31 Enterprises of Oroville, CA to perform arborist services for the Category 4 Tree Removal Program; and, approved the Professional Services Agreement with P31 Enterprises and authorized the Town Manager and Town Mayor to execute the agreement. Roll call vote was unanimous. (510-20-345)
6c. Vice Mayor Bolin recused himself at 7:42 p.m. from the dais due to a potential conflict of interest.
Principal Engineer, Ashley Stanley provided an overview of the Principals of Agreement that were created by the Town of Paradise and the City of Chico.
MOTION by Culleton, seconded by Tryon, Approved the Principals of Agreement between the Town of Paradise and City of Chico developed by the Sewer Regionalization Project Advisory Committee. The Inter-Municipal Agreement between the Town and City will utilize the approved Principals of Agreement. Roll call vote was unanimous with Vice Mayor absent and not voting. (960-70-004)
Vice Mayor Bolin returned to the dais at 7:49 p.m.
6d. Principal Engineer, Ashley Stanley provided an overview of the Storm Drain Master Plan, introduced Harvey Oslick, via Teams, a representative from consultant Wood Rodgers. Ms. Stanley also shared that special permitting in the Paradise Municipal Code will need to be updated at a future meeting.
1. Ward Habriel shared he believed some of the Town mapping was wrong and that the maps identity culverts where no culverts exist.
MOTION by Tryon, seconded by Jones, Approved the 2022 Storm Drain Master Plan (SDMP) prepared by Wood Rodgers, including deliverables of the Town-wide Master Drainage Study, field evaluation and monitoring of storm drain systems and drainageways, Flood Risk Modeling, field condition assessment, data computation, project prioritization criteria, 118
updating and expanding flood risk modeling for 10 and 100-year storm events (Special Permit Zones), the evaluation of drainage system condition and capacity deficiencies, and a prioritized project list and costs. Roll call vote was unanimous. (910-10-010)
6e. Public Works Director/Town Engineer Marc Mattox provided an overview of the proposed Emergency Culvert Repair project located on Stearns Road.
MOTION by Bolin, seconded by Tryon, Adopted Resolution No. 2022- 40, “A Resolution of the Town Council of the Town of Paradise Declaring an Emergency and Authorizing Repair or Replacement of The Stearns Road 72” Culvert Without Observance of Public Bidding Requirements”; and authorized the Town Manager to execute agreements for a contractor and/or materials for the subject project. Roll call vote was unanimous. (950-40-067)
As this project is under the scope of an emergency resolution, the project must be reported on every thirty days until its completion. 6f. Public Works Director/Town Engineer Marc Mattox provided an overview of the On-System Roadway Rehabilitation project located on Skyway
1. Ward Habriel complimented Knife River on the quality of work displayed while repaving lower Skyway.
MOTION by Jones, seconded by Culleton Adopted Resolution No. 2022- 41, “A Resolution of the Town Council of the Town of Paradise Awarding Contract No. 7303.21.CON, On-System Roadway Rehabilitation –Skyway (Phase 1) to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid plus additive bid #1 ($5,069,864.78); and, authorized the Town Manager to execute an agreement with Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid plus additive bid #1 ($5,069,864.78) relating to Contract No. 7303.1.CON and to approve contingency expenditures not exceeding 10%. Roll call vote was unanimous. (510-20-346)
7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items
7a1. Discuss changing the Town of Paradise Ordinance No. 618 prohibiting the use of power tools, potentially defined as metal blade power tools that could cause combustion during a red flag warning issued by the Weather Service. (CROWDER)
After discussion, Council provided direction to staff to bring back an amendment to Ordinance 618 with language restricting the use of metal blade power tools during Red Flag Warning days for consideration. 7b. Council reports on committee representation
119
Council Member Culleton attended the swearing in of Paradise Police Departments new Police Officer.
Council Member Tryon attended several BCAG meetings and the 1st Goat Festival.
Mayor Crowder attended the League of Cities Conference in Sacramento.
Mayor Crowder participated in a conversation with Justice Trotter regarding the Wildfire Trust.
7c. Future Agenda Items
Vice Mayor Bolin requested an amendment to the Paradise Municipal Code Section 8.58.060 F, be brought back under Council Initiated Items to extend the length of time residents are allowed to have goats on their property for weed abatement purposes.
8. STAFF COMMUNICATION
8a. Town Manager Phillips reported that the Town will meet with IBHS on June 22nd. There was a site visit with HCD; Public Works Director/Town Engineer Marc Mattox assembled a list of projects for the unmet needs for CDGB-DR Funds.
8b. Community Development Director Susan Hartman reported that the plans for Big Lots have been approved; 45 apartments and 14 Airbnb’s are almost final; the Town is working with a developer to use part of the monies from the multi-family CDGB-DR funds to rebuild the condos on Maxwell Drive which will be used as affordable housing units. There is one public housing project that Butte County Housing Authority owns that is a multi-family housing rebuild which is currently in plan check. Ms. Hartman updated Council that over 7,000 septic maps have been uploaded to Rebuild Paradise and that they are anticipating the final maps to be uploaded by the end of June.
9. CLOSED SESSION - None
10. ADJOURNMENT
Mayor Crowder adjourned the meeting at 9:07 p.m.
Date approved: July 12, 2022
By: Attest:
_________/s/____________ ____________/s/_____________
Steve Crowder, Mayor Dina Volenski, CMC, Town Clerk
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TOWN COUNCIL
Meeting Minutes
6:00 PM – May 09, 2023
1. OPENING
The Regular meeting of the Paradise Town Council was called to order by Mayor Bolin at 6:03 p.m. in the Town Council Chamber located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America. An invocation was offered by Council Member Lassonde.
COUNCIL MEMBERS PRESENT: Steve Crowder, Steve “Woody” Culleton, Ron Lassonde, Rose Tryon and Greg Bolin, Mayor
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Interim Town Manager and Public Works Director/Town Engineer Marc Mattox, Town Attorney Scott E. Huber, Town Clerk/Elections Official Dina Volenski, Community Development Director Susan Hartman, Community Development Director Tony Lindsey, Recovery and Economic Development Director Colette Curtis, Business and Housing Manager Kate Anderson, Recovery and Economic Development Project Manager Brian Solecki, Engineering Division Manager Ashley Stanley, Capital Projects Manager David Kehn, Information Systems Director Luis Marquez, Police Chief Eric Reinbold, and Battalion Chief Rick Manson.
1a. Mayor Bolin presented a proclamation to John Little, Vice President of the California Unit of Mennonite Disaster Services, on behalf of MDS. (180-40-27) 1b. Calli-Jane West presented an update from the Butte County Fire Safe Council via Teams
1c. Camp Fire Recovery Updates - Written reports are included in the agenda packet. (110-60-061)
Colette Curtis, Recovery and Economic Development Director - Recovery Projects, Advocacy, Economic Recovery and Development,
Communications and Emergency Operations.
Marc Mattox, Public Works Director/Town Engineer - Infrastructure and Sewer Update
Tony Lindsey, CDD-Building and Code Enforcement - Code Enforcement Update
Kate Anderson, Business and Housing Manager - Business and Housing Update
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2. CONSENT CALENDAR
MOTION by Culleton, seconded by Lassonde, approved consent calendar items 2a through 2h. Roll call vote was unanimous.
2a. Approved the Special and Regular minutes of the April 11, 2023 Town Council meetings.
2b. Approved April 2023 Cash Disbursements in the amount of $4,790,015.52. (310-10-034)
2c. Adopted Resolution No. 2023-18, “A Resolution of the Town Council of the Town of Paradise accepting the work performed under the CDBG Sidewalk Infill Project Contract 9417.CON performed by All-American Construction, Inc.” (510-20-361, 950-40-068)
2d. 1. Waived the second reading of Town Ordinance No. 625 and read by title only; and, 2. Adopted Town Ordinance No. 625 “An Ordinance Amending Text Regulations within Paradise Municipal Code Title 17 [Zoning] Relative to Short-Term Rentals”. (540-16-194)
2e. Adopted Resolution No. 2023-19, “A Resolution of the Town Council of the Town of Paradise Adopting a List of Projects for Fiscal Year 2023/24 Funded by SB 1: The Road Repair and Accountability Act of 2017.” (950-40-034)
2f. Adopted Resolution No. 2023-20, “A Resolution of the Town Council of the Town of Paradise acknowledging receipt of a report made by the Fire Chief of the Paradise Fire Department regarding the inspection of certain occupancies required to perform annual inspections in such occupancies pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.” (440-50-001)
2g. Adopted Resolution No. 2023-21, “A Resolution of the Town Council of Town of Paradise accepting the work performed under the On-System Roadway Rehabilitation Project –Skyway (Phase 1) Contract 7303.1 CON performed by Baldwin Contracting Company, Inc. dba Knife River Construction.” (510-20-346, 950-40-054)
2h. Re-appointed two Planning Commissioners, Lynn Costa and Carissa Garrard, whose terms expire on June 30, 2023 for one 4-year term effective July 1, 2023 through June 30, 2027. (760-45-012)
3. ITEMS REMOVED FROM CONSENT CALENDAR - None
4. PUBLIC COMMUNICATION
1. Rich Gowins spoke about potential funding to repair private roads and advocated for evacuation routes on private roads.
2. John Gillander spoke on the fence code and fee schedule.
3. Jon Remalia spoke on violators of burn permits.
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4. Carrie Max said she received a visit from Code Enforcement and Paradise Police Department asking her what her plan was for rebuilding after Council had extended the urgency ordinance.
5. Ward Habriel spoke about the Paradise Garden Club tour of six local gardens.
5. PUBLIC HEARINGS
5a. Town Attorney Scott Huber provided an overview of the requirements for the police department to maintain military equipment, including an annual review of the ordinance by Town Council and a public hearing.
Mayor Bolin opened the public hearing at 6:53 p.m.
1. Ward Habriel spoke in favor of the renewal of Ordinance No. 615.
Mayor Bolin closed the public hearing at 6:54 p.m.
MOTION by Culleton, seconded by Crowder, approved the continued use of military equipment and the renewal of Ordinance No. 615. Roll call vote was unanimous. (540-16-184, 480-05-013)
6. COUNCIL CONSIDERATION
Mayor Bolin recused himself from the dias at 6:55 p.m. due to a potential conflict of interest.
6a. Recovery and Economic Development Director Colette Curtis provided an overview of the proposed professional service agreement with the Butte County Fire Safe Council for the implementation of Phase II of the Category 4 Hazardous Tree Removal Program.
1. Ward Habriel spoke in favor of this item.
2. Jon Remalia spoke in opposition to this item.
MOTION by Culleton, seconded by Lassonde, 1. Concurred with staff’s recommendation to partner with the Butte Fire Safe Council to implement the Phase II Removal Process for the Category 4 Tree Removal Program; and, 2. Approved Professional Services Agreement with the Butte County Fire Safe Council; and, 3. Authorized the Town Manager to execute the contract upon full FEMA approval of the Phase II Scope of Work and obligation of funds for Phase II. Roll call vote was unanimous with Bolin absent and not voting. (510-20-381, 420-25-009)
6b. Engineering Division Manager Ashley Stanley provided an overview of the proposed Paradise Sewer Project Owner’s Agent recommended firm and agreement.
MOTION by Culleton, seconded by Lassonde, 1. Concurred with staff’s recommendation for the Paradise Sewer Project Owner’s Agent; and, 2.
Authorized the Town Manager to enter into a Professional Services Agreement with the recommended firm, HDR, contingent upon approval by the Town Attorney; and, 3. Adopted Resolution No. 2023-22, “A Resolution 123
Of The Town Council Of The Town Of Paradise Designating Authority To The Paradise Town Manager To Execute Individual Task Orders Under The Resultant Master Agreement For RFQ 2023-001 Paradise Sewer Project On-Call Owners Agent Up To The Maximum Contract Aggregate Amount Of $5,000,000 To Expedite And Facilitate The Paradise Sewer Project, Initial Design And Progressive Design Build Process.” Roll call vote was unanimous with Bolin absent and not voting. (510-20-382, 960-70-004) Mayor Bolin returned to the dais at 7:21 p.m.
6c. Town Attorney Scott Huber presented on the aspects of creating an arts commission. Council Member Culleton clarified that when he had asked for this item to be placed on the agenda, he was referencing more of the design review process and a way for Paradise to become an art destination with murals in Town.
1. Kathy Dysert explained her understanding of the City of Orland’s process concerning the arts commission and community funding.
2. Jon Remalia would like to see a partnership between the Town and those in the arts community applying for grants.
Council provided direction to staff to come back at a future meeting with options on how to augment the existing design review process to potentially include murals and public art. All Council concurred.
6d. Mayor Bolin presented on the request and invitation from the Natural Resources Committee to testify in Washington DC.
1. Ward Habriel spoke in favor of this item and donated $100 to help fund this trip.
Council Member Culleton also donated $100 to help fund this trip.
Town Attorney Huber stated, for the record, that two $100 donations had been given to the Town Clerk for safe keeping and will be given to the Finance department tomorrow.
A third member of the public, Rich Gowins, contributed an additional $100 for the purpose of this trip, after the close of the meeting.
MOTION by Culleton, seconded by Tryon, Approved of a proposed trip to be taken by Mayor Bolin to Washington DC, at the request of the Committee on Natural Resources, to testify in front of the House Natural Resources Committee on Wildfires and assign a budget adjustment, to fund the trip from the Town Council budget. Roll call vote was unanimous. (340-40-016)
7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items – None
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7b. Council reports on committee representation:
Council Member Culleton attended the solid waste committee meeting; Gold Nugget Days; and various meetings with PG&E subcontractors regarding the undergrounding efforts.
Vice Mayor Tryon attended the solid waste committee meeting; testified in Sacramento on AB1500 and AB556; attended BCAG and Butte County Air Quality Management meetings; and the Gold Nugget Days parade.
Council Member Crowder participated in a follow-up meeting with After the Fire; participated in the interview process for Finance Director; attended the Moose Lodge groundbreaking and kickoff dinner for the Silver Dollar Fair; shared that Achieve Charter School was honored with the title as a California Distinguished School; and attended the Paradise Recreation and Park District Liaison Meeting.
Council Member Lassonde attended the Chocolate, Wine and Brew Fest and the Silver Dollar Fair kickoff dinner.
Mayor Bolin attended the monthly LAFCo meeting and will participate in Town Manager interviews on May 10th.
7c. Future Agenda Items - Vice Mayor Tryon would like to discuss insurance options in the Town of Paradise and how to move forward in the current climate.
8. STAFF COMMUNICATION
8a. Interim Town Manager Marc Mattox announced a save-the-date for June 15th for a full-scale Emergency Operations Center exercise.
Community Development Director Susan Hartman reported that the Planning Commission will hold a public hearing on a general plan amendment and rezone application from Paradise Irrigation District, as well as a hearing to revoke a temporary use permit. Ms. Hartman shared that environmental health gave clearance to the new sushi restaurant and that the Community Development Department will help host a community meeting for a new multi-family housing project.
9. CLOSED SESSION - None
10. ADJOURNMENT
Mayor Bolin adjourned the meeting at 8:18 p.m.
Date approved: June 13, 2023
By: Attest:
__________/s/______________ ____________/s/______________ Greg Bolin, Mayor Dina Volenski, CMC, Town Clerk
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TOWN OF PARADISE
Council Agenda Summary
Date: May 9, 2023
Agenda No. 6A
ORIGINATED BY: Colette Curtis, Recovery and Economic Development Director REVIEWED BY: Marc Mattox, Interim Town Manager
SUBJECT: CATEGORY 4 Tree Removal Management Partnership with the Butte Fire Safe Council
COUNCIL ACTION REQUESTED:
1. Concur with staff’s recommendation to partner with the Butte Fire Safe Council to implement the Phase 2 Removal Process for the Category 4 Tree Removal Program.
2. Approve attached Professional Services Agreement with the Butte Fire Safe Council and authorize the Town Manager to execute the contract upon full FEMA approval of the Phase 2 Scope of Work and obligation of funds for Phase 2.
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.
The Town has completed all actions in Phase 1 of the Category 4 Tree Removal Program and we continue to wait on completion of all environmental requirements by all the involved agencies in order to receive approval to move forward with Phase 2 removal of trees. We anticipate approval being granted in summer 2023 and tree removal to begin shortly thereafter.
Analysis:
As local non-profit and skilled tree removal management partners in our community, the non-profit Butte Fire Safe Council (BCFSC) has been approved by CalOES/FEMA to be sole sourced and utilized as our management partners in Phase 2 pending full approval of the Phase 2 Scope of Work and environmental clearances.
As a voluntary program, Phase 2 of the tree removal program is going to require extensive outreach and communication with property owners in order to effectively remove as many eligible trees as possible.
We believe our long-standing community partnership with the BCFSC in related projects and their experience managing grant funded tree removal programs will lead to program success at the lowest possible cost.
Phase 2: Tree Removal Tree Removal Process (Phase 2 Scope of Work)
1. Tree Removal
a. After obtaining the approvals and verifying availability of funding, move to the tree removal process with Town of Paradise organizationalpartner,the Butte Fire Safe Council (BCFSC) 126
b. BCFSC will stand up a team to facilitate the oversight of the tree removal process utilizing local tree contractors who have been pre-vetted to fulfill HMGP reimbursement requirements.
c. The Town of Paradise will oversee the application portion of Phase 2 that will consist of reaching out to all Phase 1 parcel owners for ROE paperwork to authorize the start of Phase 2 work on a parcel.
d. BCFSC Team will consist of:
i. Registered Professional Forester
ii. Two Forestry Technicians
iii. One Project Manager
iv. Two Field Coordinators
v. GIS/Admin Support
e. BCFSC Tree Removal Process:
i. with Town Staff, confirm all paperwork, sign ROE forms, match requirements forms, and other required paperwork prior to contractor starting work ii. Contact Parcel Owners for site visit with RPF/Field Technician to prepare sites iii. site prep includes infrastructure flagging, identifying and prioritizing trees based on estimated matching funds required, and GIS for project map(s) iv. RFP and contracting process once a minimum of 30 sites are prepared with ROE and paperwork in place
v. RFP’s are issued to contractors who have expressed interest in being on the BCFSC contractor list. BCFSC RFP process will comply with all Federal procurement requirements.
1. Contractors submitting proposals and selected for the work will need to be a Class A Licensed Timber Operator (LTO), have and have valid Loggers Broad Insurance. The appropriate contractors who meet minimum requirements to conduct the work will be selected through the BCFSC Board of Directors.
2. Tree Removal Contractors will be contracted and managed through BCFSC.
vi. Notify landowner and RPF prior to contractor starting work at each site vii. BCFSC staff and/or RPF/Field Tech to be on site while contractor(s) are removing trees to ensure proper compliance
viii. Review progress of work with Landowner and coordinate with RPF to ensure contractor is removing required trees
ix. All FEMA required disposal requirements to be implemented as noted below. This will be done by requiring the LTO(s) to produce delivery tickets if material is disposed of at a biomass facility, or firewood disposal, or receipt if material needs to be paid for to be disposed of. Photos will be taken at the loading site and disposal site to match the delivery ticket as additional backup documentation. 127
x. Final site inspection after tree removal for sign off with landowner, RPF, and contractor.
xi. Notify TOP of site(s) completed and ready for invoicing. All invoices will be paid through the Town upon certification by BCFSC of a complete set of properties. xii. Assist with any coordination needed between LO and Contractor for invoicing on Match requirements.
xiii. RPF to visit site 2-3 times post operations to ensure water quality is being met.
2. Monitoring
a. The tree removal activities will be monitored by a Registered Private Forester and Environmental Biologist. This project monitor will be monitoring the Tree Removal contractors, removal of the trees, and the appropriate documentation. These functions are identical to the functions of the Public Assistance Debris Monitor. The Environmental Biologist will be monitoring for and meeting the compliance requirements of the Endangered Species Act as related law and regulation under the National Environmental Policy Act (NEPA).
b. Any other required monitors (Environmental or Tribal) will be procured and contracted by the Town of Paradise and be overseen by the RPF Project lead from BCFSC. c. FEMA requires the Applicant to monitor all contracted debris operations to document this information and ensure that its contractor removes eligible debris. If the Applicant does not monitor contracted debris removal operations, it will jeopardize its PA funding for that work.
Eligible activities associated with debris monitoring include, but are not limited to:
i. Field supervisory oversight
ii. Monitoring contracted debris removal at both the loading and disposal sites iii. Compiling documentation, such as load tickets and monitor reports, to substantiate eligible debris
iv. Training debris monitors on debris removal operations, monitoring responsibilities and documentation processes, and FEMA debris eligibility criteria d. To address the environmentally sensitive work within the project, we will handle NEPA compliance similar to Cal OES through a number of biological monitors to develop best practices for aquatic and animal species, watercourses, and habitat where the felling of trees may pose a threat. These best practices will be a part of the Environmental Protection Plan and coordinated with Cal OES. The Plan includes a set of mitigations where biological monitors may be involved in reviewing and/or deciding strategies and tactics to remove standing burnt trees from environmentally sensitive areas. 128
3. Butte Fire Safe Council Management Budget
Description Rate qty Cost
Project Manager: $61/hr, 40 hrs/wk x 52 weeks $ 61.00 2,080 $126,880.00 Field Coordinator $33/hr, 40 hrs/wk x 52 weeks $ 33.00 2,080 $68,640.00 Field Coordinator $33/hr, 40 hrs/wk x 52 weeks $ 33.00 2,080 $68,640.00 Registered Professional Forester: $100/hr x 30hrs x 52 weeks $ 100.00 2,080 $208,000.00 Mileage (x3): 30 miles/day x 5 day/wk x 52 weeks $ 0.63 4,914 $3,071.25 GIS Development and Support: $100/hr x 7hrs x 52 weeks $100.00 364 $ 36,400.00 Supplies $ 11,450.00 $11,450.00
Subtotal $ 523,081.25
Admin 12% $ 62,769.75
Total Cost $ 585,851.00
Financial Impact:
The professional services agreement and respective services will be 75% funded by FEMA/Cal OES HMGP funds. The BCFSC Management cost approved by our grant funding is not to exceed $585,851.00. The 25% remaining match funds will be provided by a CalFire Wildfire Prevention Grant (pending approval) or from Town of Paradise funding sources to be determined if no additional grant funds are received.
Cost Share: The Town Council voted to approve ff the matching funds for the cost share on October 8, 2019. The match for this project will come from several sources, which have been prioritized.
1. Current State: The Town will match the project management and arborist costs and the resident will reimburse the Town for 25% of the cost of removing trees. a. Tree Removal Costs: $7,260,000 * 25% = $1,815,000 would be funded by the property owner.
b. All other project costs: $4,487,128 * 25% = $1,121,782 would be funded by the Town
2. Funding Alternative One: The Town is working with CalFire on incorporating the Cost Share requirements into an upcoming Wildfire Prevention Grant, if received, this would alleviate most of the Town’s match requirements and the entirety of the Homeowner’s cost share.
3. Alternative Two: The Town will be working with other funding mechanisms to fund the Non- Federal Share.
There will be a cash flow impact to the Town as the $7,260,000 in tree removal expenses are expended to tree contractors and then reimbursed to the Town by the HMGP grant.
Alternatives:
Modify recommendation, delay action or reject proposal. 129
Attachments:
Attachment 1
Regulatory Compliance Requirements (FEMA/HMGP)
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 agrees to 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
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 improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.
During the performance of this Contract, the Contractor agrees as follows:
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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 has inquired 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 compensation information of other employees or applicants as a part of such 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, including sanctions for noncompliance: Provided, however, that in the event the 131
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 agrees that 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.
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 subcontractors to include these clauses in 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 132
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 this section, 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 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 federallyassisted 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 tier subcontractor with the clauses set 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 wishes to enter into a contract with a small business firm 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 133
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.
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 agrees to include these requirements in 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).
3. 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 (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. 134
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 agrees to 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. 135
Attachment 2
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: ______________________________
136
Attachment 3
Non-Lobbying Certification
INSTRUCTIONS FOR CERTIFICATION
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.
137
CERTIFICATION REGARDING LOBBYING
The undersigned [insert name] certifies, to the best of his or her knowledge, that:
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.
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.
The undersigned shall require that the language of this certification be included in the award documents for all sub-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: __________________________________________ 138
Date:_______________________________
139
Attachment 4
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 7/1/2023 On Following Date 12/31/2024 Town Department Recovery and
Economic
Development
Basis of Price (Do Not √ More Than One of the Following Four Blocks) Price $ N/A Fixed Price Annual Price Monthly Price Hourly Rate Not-to-Exceed
Price
$585,851.0
0 √ if Reasonable Expenses are authorized in addition to Hourly Rate
CONTRACTOR Contact Information TOWN Contact Information CONTRACTOR Butte Fire Safe Council Project
Manager
Brian Solecki
Address 6585 Clark Rd Suite 240 Address 5555 Skyway
City, State & ZIP Paradise, CA 95969 City, State &
ZIP
Paradise, CA 95969
Telephone 530-877-0984 Telephone 530-872-6291 x165
Email [email protected] Email [email protected] om
WHEREAS, TOWN, through the TOWN Department identified above, desires to have work described in the Attachment III - Scope of Work performed; and
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 I – Terms and Conditions (including Exhibit “A”) Attachment II – Insurance Requirements for Professional Services Contract Attachment VI – Professional Credentials
Attachment III – 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.” 140
_________________________________ _______________________________________ ________________ 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: By:
141
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.
2. 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.
3. 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.
4. 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, 142
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 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.
5. 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.
6. 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. 143
7. 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 Closeout letter.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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, exceeds the 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.
13. 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 144
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.
14. 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. 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.
15. 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.
16. 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.
17. 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 145
CONTRACTOR. TOWN will not be obligated to make payment under the Agreement until such time that the amendment is entered into.
18. 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 express representation 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
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.
19. 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.
20. 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.
21. 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.
EXHIBIT “A”
146
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.
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.
1. 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.)
2. 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. 147
B. OTHER INSURANCE PROVISIONS - The insurance policies are to contain, or be endorsed to contain, the following provisions:
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 ofsaid 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.
G. SPECIAL RISKS OR CIRCUMSTANCES: Town reservesthe right to modify these requirementsincluding 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. If subcontractors are insured under their own policies, 148
they shall be subject to all the requirementsstated 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.
2. 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.
3. A copy of the claims reporting requirements must be submitted to the Town for review. 149
ATTACHMENT 6
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
150
ATTACHMENT 7
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 whatthey will (or might be) and some approximation notto 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:
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. 151
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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TOWN OF PARADISE
Council Agenda Summary
Date: October 9, 2023
Agenda No. 2f
ORIGINATED BY: Colette Curtis, Recovery and Economic Development Director REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: CATEGORY 4 Tree Removal Management Partnership with the Butte Fire Safe Council – Pre-Phase 2 Approval Contract COUNCIL ACTION REQUESTED:
1. Approve attached Professional Services Agreement with the Butte Fire Safe Council and authorize the Town Manager to execute the contract in order to proceed with recent FEMA/CalOES approved Pre-Phase 2 award work.
BACKGROUND:
The Town Council approved a professional services contract for the Butte Fire Safe Council (BCFSC) on May 9, 2023 for the management of Phase 2 of the Category 4 Tree Removal Program. That contract was approved to be executed upon full approval by FEMA of Phase 2 of the project which had been anticipated for Summer 2023. We continue to wait for full approval to execute that contract.
Due to additional delays by FEMA for the Environmental Assessment process, we now anticipate phase 2 approval for February 2024. In order to save time upon approval, FEMA has agreed to allow the Town and BCFSC to initiate a number of phase 2 actions before full approval of the project. We are requesting a Professional Services agreement to be executed with BCFSC to allow them a head start on the previously approved planning and logistical work required to implement the removal of the identified trees during Phase 2. We believe this pre-approval phase work will expedite the start of tree removal by multiple months.
All work conducted for Phase 2 of the Tree Removal Program during this pre-approval period by Town staff and Butte Fire Safe Council Staff will consist of non-ground disturbing actions and will be limited to activities such as:
• GIS Data Analysis, Research and Removal Process Planning • RFP Procurement Processes for Required Contracts. (No contracts to be executed until full-phase 2 approval)
• Tree Contractor Outreach and Communication
• Any other beneficial strategic planning to expedite removal of trees upon full approval.
Analysis:
The external delays to the implementation of this project have been frustrating to Town staff and our community. While these additional delays were extremely unfortunate and unexpected, moving forward with this pre-award work will allow us the most expedited process to seeing these 12,000 trees removed as soon as we receive full approval of Phase 2.
Financial Impact:
This contract will be funded through the FEMA-approved $58,878.00 in pre-award period expenses. The professional services agreement and respective services will be 75% funded by FEMA/CalOES HMGP 156
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funds. The 25% remaining match funds will be provided by a CalFire Wildfire Prevention Grant. The BCFSC Management costs previously approved in May 2023 will not exceed $585,851.00. This pre-award work contract will not exceed $10,000 and is for work included in the previously approved contract scope of work.
Alternatives:
Modify recommendation, delay action or reject proposal. 157
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Attachments:
Attachment 1
Regulatory Compliance Requirements (FEMA/HMGP)
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 agrees to 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
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 improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.
During the performance of this Contract, the Contractor agrees as follows:
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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 has inquired 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 compensation information of other employees or applicants as a part of such 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 159
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such provisions, 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 agrees that 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.
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 subcontractors to include these clauses in 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 160
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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 this section, 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 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 federallyassisted 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 tier subcontractor with the clauses set forth in paragraphs (1) through (5) of this section.
5. Rights to Inventions Made Under a Contract or Agreement 161
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If the Federal award meets the definition of ‘‘funding agreement’’ under 37 CFR § 401.2 (a) and the Town or the Contractor wishes to enter into a contract with a small business firm 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.
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 agrees to include these requirements in 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).
3. 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 (GSA) for the purpose of disseminating information on parties that are debarred from receiving Federal contracts, 162
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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 agrees to 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. 163
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Attachment 2
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: ______________________________
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Attachment 3
Non-Lobbying Certification
INSTRUCTIONS FOR CERTIFICATION
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 165
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which this transaction originated may pursue available remedies, including suspension and/or debarment.
CERTIFICATION REGARDING LOBBYING
The undersigned [insert name] certifies, to the best of his or her knowledge, that:
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.
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.
The undersigned shall require that the language of this certification be included in the award documents for all sub-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. 166
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Signature of Contractor’s Authorized Official: ___________________________________________ Name and Title of contractor’s Authorized Official: __________________________________________ Date:_______________________________
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Attachment 4
PROFESSIONAL SERVICE CONTRACT
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 10/15/2023 On Following Date 12/31/2024 Town Department Recovery and
Economic
Development
Basis of Price (Do Not √ More Than One of the Following Four Blocks) Price $ N/A Fixed Price Annual Price Monthly Price Hourly Rate Not-to-Exceed
Price
$10,000.00 √ if Reasonable Expenses are authorized in addition to Hourly Rate
CONTRACTOR Contact Information TOWN Contact Information CONTRACTOR Butte Fire Safe Council Project
Manager
Brian Solecki
Address 6585 Clark Rd Suite 240 Address 5555 Skyway
City, State & ZIP Paradise, CA 95969 City, State &
ZIP
Paradise, CA 95969
Telephone 530-877-0984 Telephone 530-872-6291 x165
Email [email protected] Email [email protected] om
WHEREAS, TOWN, through the TOWN Department identified above, desires to have work described in the Attachment III - Scope of Work performed; and
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 I – Terms and Conditions (including Exhibit “A”) Attachment II – Insurance Requirements for Professional Services Contract Attachment VI – Professional Credentials
Attachment III – Scope of Work
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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: By:
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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.
2. 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.
3. 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.
4. 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 170
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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 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.
5. 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.
6. 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. 171
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7. 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 Closeout letter.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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, exceeds the 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.
13. 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 172
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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.
14. 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. 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.
15. 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.
16. 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.
17. 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 173
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CONTRACTOR. TOWN will not be obligated to make payment under the Agreement until such time that the amendment is entered into.
18. 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 express representation 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
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.
19. 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.
20. 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.
21. 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.
EXHIBIT “A”
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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.
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.
1. 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.)
2. 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. 175
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B. OTHER INSURANCE PROVISIONS - The insurance policies are to contain, or be endorsed to contain, the following provisions:
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 ofsaid 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.
G. SPECIAL RISKS OR CIRCUMSTANCES: Town reservesthe right to modify these requirementsincluding 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. If subcontractors are insured under their own policies, 176
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they shall be subject to all the requirementsstated 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.
2. 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.
3. A copy of the claims reporting requirements must be submitted to the Town for review. 177
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ATTACHMENT 6
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 7
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 whatthey will (or might be) and some approximation notto 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:
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 179
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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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182
183
TOWN OF PARADISE
Council Agenda Summary
Date: February 13, 2024
Agenda No. TBD
ORIGINATED BY: Colette Curtis, Recovery and Economic Development Director REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: CATEGORY 4 Tree Removal Management Partnership with the Butte Fire Safe Council – Pre-Phase 2 Contract NTE Increase COUNCIL ACTION REQUESTED:
1. Authorize the attached NTE increase amendment for $10,000 with the Butte Fire Safe Council and authorize the Town Manager to execute the amendment in order to continue with FEMA/CalOES approved Pre-Phase 2 award work.
BACKGROUND:
The Town Council approved a professional services contract for the Butte Fire Safe Council (BCFSC) on May 9, 2023 for the management of Phase 2 of the Category 4 Tree Removal Program. That contract was approved to be executed upon full approval by FEMA of Phase 2 of the project which had been anticipated for Summer 2023. We continue to wait for full approval to execute that contract.
Due to additional delays by FEMA for the Environmental Assessment process, we now anticipate phase 2 approval before April 2024. In order to save time upon approval, FEMA agreed to allow the Town and BCFSC to initiate a number of phase 2 actions before full approval of the project. On October 9, 2023, the Town Council approved a BCFSC contract to work on FEMA Authorized Pre-Award actions.
Due to the FEMA delays, the project approval originally projected for February 2024 looks to be on track for full approval before the end of March. All work on the environmental analysis that has caused years of delay is now complete and in final CaloES review and authorization. We have been advised that this process should take no longer than one month before full approval is granted.
Analysis:
The BCFSC work in partnership with Town staff has been essential in preparing for a quick implementation of the project upon full approval. This NTE will allow their staff to continue moving forward with project preparation during this additional delay.
Financial Impact:
This contract will be funded through the FEMA-approved $58,878.00 in pre-award period expenses. The professional services agreement and respective services will be 75% funded by FEMA/CalOES HMGP funds. The 25% remaining match funds will be provided by a CalFire Wildfire Prevention Grant. The BCFSC Management costs previously approved in May 2023 will not exceed $585,851.00.
This pre-award work contract would now not exceed $20,000 and is for work included in the previously approved contract scope of work. It will not increase the originally approved full BCFSC Management Contract once fully implemented. Scope of work actions originally intended for Phase 2 is being moved to the pre-award phase as approved by FEMA and CalOES. We anticipate this NTE would also cover any unforeseen short delays to full FEMA approval.
184
Alternatives:
Modify recommendation, delay action or reject proposal. 185
ATTACHMENT A:
AMENDMENT TO AGREEMENT
BETWEEN THE TOWN OF PARADISE AND THE BUTTE FIRE SAFE COUNCIL.
This Amendment to Agreement is made on February 13, 2024, to the Agreement dated October 9, 2023 by and between the Town of Paradise, a California municipal corporation (“Town”), and the Butte Fire Safe Council. (“Contractor”).
RECITALS
A. The initial amount of the Agreement was not to exceed $10,000 for Category 4 Program Pre-Award services by Contractor for the Town.
AGREEMENT NOW, THEREFORE, Town and Contractor agree as follows:
1. The Agreement shall be amended as follows:
1.1. Notwithstanding any other provisions in the Agreement, the amount payable by Town to Contractor shall be increased by $10,000 for a not-to-exceed amount of $20,000.
2. All other provisions of the Agreement shall remain in full force and effect.
3. If there is a conflict between this First Amendment and the Agreement, this First Amendment shall be controlling.
TOWN OF PARADISE: Butte Fire Safe Council
By: By:
Date Date:
REVIEWED FOR CONTRACT POLICY COMPLIANCE REVIEWED AS TO FORM:
By: By:
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Title 2 —Federal Financial Assistance
Subtitle A —Office of Management and Budget Guidance for Federal Financial Assistance Chapter II —Office of Management and Budget Guidance
Part 200 —Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
Subpart D —Post Federal Award Requirements
Procurement Standards
Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507.
Source: 89 FR 30136, Apr. 22, 2024, unless otherwise noted. § 200.320 Procurement methods.
There are three types of procurement methods described in this section: informal procurement methods (for micropurchases and simplified acquisitions); formal procurement methods (through sealed bids or proposals); and noncompetitive procurement methods. For any of these methods, the recipient or subrecipient must maintain and use documented procurement procedures, consistent with the standards of this section and §§ 200.317, 200.318, and 200.319.
This content is from the eCFR and is authoritative but unofficial. (a) Informal procurement methods for small purchases. These procurement methods expedite the completion of transactions, minimize administrative burdens, and reduce costs. Informal procurement methods may be used when the value of the procurement transaction under the Federal award does not exceed the simplified acquisition threshold as defined in § 200.1. Recipients and subrecipients may also establish a lower threshold. Informal procurement methods include:
(1) Micro-purchases —
(i) Distribution. The aggregate amount of the procurement transaction does not exceed the micropurchase threshold defined in § 200.1. To the extent practicable, the recipient or subrecipient should distribute micro-purchases equitably among qualified suppliers. (ii) Micro-purchase awards. Micro-purchases may be awarded without soliciting competitive price or rate quotations if the recipient or subrecipient considers the price reasonable based on research, experience, purchase history, or other information; and maintains documents to support its conclusion. Purchase cards may be used as a method of payment for micropurchases. (iii) Micro-purchase thresholds. The recipient or subrecipient is responsible for determining and documenting an appropriate micro-purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures. The micro-purchase threshold used by the recipient or subrecipient must be authorized or not prohibited under State, local, or tribal laws or regulations. The recipient or subrecipient may establish a threshold higher than the Federal threshold established in the Federal Acquisition Regulations (FAR) in accordance with paragraphs (a)(1)(iv) and (v) of this section.
(iv) Recipient or subrecipient increase to the micro-purchase threshold up to $50,000. The recipient or subrecipient may establish a threshold higher than the micro-purchase threshold identified in the FAR in accordance with the requirements of this section. The recipient or subrecipient may 2 CFR 200.320 (up to date as of 1/06/2025)
Procurement methods.
2 CFR 200.320 (Jan. 6, 2025)
189 2 CFR 200.320(a)(1)(iv) (enhanced display) page 1 of 4 self-certify a threshold up to $50,000 on an annual basis and must maintain documentation to be made available to the Federal agency or pass-through entity and auditors in accordance with § 200.334. The self-certification must include a justification, clear identification of the threshold, and supporting documentation of any of the following:
(A) A qualification as a low-risk auditee, in accordance with the criteria in § 200.520 for the most recent audit;
(B) An annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or,
(C) For public institutions, a higher threshold is consistent with State law. (v) Recipient or subrecipient increase to the micro-purchase threshold over $50,000. Micropurchase thresholds higher than $50,000 must be approved by the cognizant agency for indirect costs. The recipient or subrecipient must submit a request that includes the requirements in paragraph (a)(1)(iv) of this section. The increased threshold is valid until any factor that was relied on in the establishment and rationale of the threshold changes. (2) Simplified acquisitions —
(i) Simplified acquisition procedures. The aggregate dollar amount of the procurement transaction is higher than the micro-purchase threshold but does not exceed the simplified acquisition threshold. If simplified acquisition procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. Unless specified by the Federal agency, the recipient or subrecipient may exercise judgment in determining what number is adequate.
(ii) Simplified acquisition thresholds. The recipient or subrecipient is responsible for determining an appropriate simplified acquisition threshold based on internal controls, an evaluation of risk, and its documented procurement procedures, which may be lower than, but must not exceed, the threshold established in the FAR.
(b) Formal procurement methods. Formal procurement methods are required when the value of the procurement transaction under a Federal award exceeds the simplified acquisition threshold of the recipient or subrecipient. Formal procurement methods are competitive and require public notice. The following formal methods of procurement are used for procurement transactions above the simplified acquisition threshold determined by the recipient or subrecipient in accordance with paragraph (a)(2)(ii) of this section:
(1) Sealed bids. This is a procurement method in which bids are publicly solicited through an invitation and a firm fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid conforms with all the material terms and conditions of the invitation and is the lowest in price.
The sealed bids procurement method is preferred for procuring construction services. (i) For sealed bidding to be feasible, the following conditions should be present:
(A) A complete, adequate, and realistic specification or purchase description is available; (B) Two or more responsible bidders have been identified as willing and able to compete effectively for the business; and
(C) The procurement lends itself to a firm-fixed-price contract, and the selection of the successful bidder can be made principally based on price. 2 CFR 200.320 (up to date as of 1/06/2025)
Procurement methods.
2 CFR 200.320(a)(1)(iv)(A)
190 2 CFR 200.320(b)(1)(i)(C) (enhanced display) page 2 of 4 (ii) If sealed bids are used, the following requirements apply:
(A) Bids must be solicited from an adequate number of qualified sources, providing them with sufficient response time prior to the date set for opening the bids. Unless specified by the Federal agency, the recipient or subrecipient may exercise judgment in determining what number is adequate. For local governments, the invitation for bids must be publicly advertised.
(B) The invitation for bids must define the items or services with specific information, including any required specifications, for the bidder to properly respond; (C) All bids will be opened at the time and place prescribed in the invitation for bids. For local governments, the bids must be opened publicly.
(D) A firm-fixed-price contract is awarded in writing to the lowest responsive bid and responsible bidder. When specified in the invitation for bids, factors such as discounts, transportation cost, and life-cycle costs must be considered in determining which bid is the lowest. Payment discounts must only be used to determine the low bid when the recipient or subrecipient determines they are a valid factor based on prior experience. (E) The recipient or subrecipient must document and provide a justification for all bids it rejects.
(2) Proposals. This is a procurement method used when conditions are not appropriate for using sealed bids. This procurement method may result in either a fixed-price or cost-reimbursement contract.
They are awarded in accordance with the following requirements:
(i) Requests for proposals require public notice, and all evaluation factors and their relative importance must be identified. Proposals must be solicited from multiple qualified entities. To the maximum extent practicable, any proposals submitted in response to the public notice must be considered.
(ii) The recipient or subrecipient must have written procedures for conducting technical evaluations and making selections.
(iii) Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the recipient or subrecipient considering price and other factors; and (iv) The recipient or subrecipient may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby the offeror's qualifications are evaluated, and the most qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method, where the price is not used as a selection factor, can only be used to procure architectural/engineering (A/E) professional services. The method may not be used to purchase other services provided by A/E firms that are a potential source to perform the proposed effort.
(c) Noncompetitive procurement. There are specific circumstances in which the recipient or subrecipient may use a noncompetitive procurement method. The noncompetitive procurement method may only be used if one of the following circumstances applies:
(1) The aggregate amount of the procurement transaction does not exceed the micro-purchase threshold (see paragraph (a)(1) of this section);
(2) The procurement transaction can only be fulfilled by a single source; 2 CFR 200.320 (up to date as of 1/06/2025)
Procurement methods.
2 CFR 200.320(b)(1)(ii)
191 2 CFR 200.320(c)(2) (enhanced display) page 3 of 4
(3) The public exigency or emergency for the requirement will not permit a delay resulting from providing public notice of a competitive solicitation;
(4) The recipient or subrecipient requests in writing to use a noncompetitive procurement method, and the Federal agency or pass-through entity provides written approval; or (5) After soliciting several sources, competition is determined inadequate. 2 CFR 200.320 (up to date as of 1/06/2025)
Procurement methods.
2 CFR 200.320(c)(3)
192 2 CFR 200.320(c)(5) (enhanced display) page 4 of 4
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STATE OF CALIFORNIA GAVIN NEWSOM, Governor
DEPARTMENT OF INDUSTRIAL RELATIONS
Katrina S. Hagen, Director
Office of the Director
1515 Clay Street, 17th Floor
Oakland, CA 94612
Tel: (510) 286-7087 Fax: (510) 622-3265
February 7, 2023
Dennis B. Cook
Cook Brown, LLP
2407 J Street, 2nd Floor
Sacramento, CA 95816
Re: Public Works Case No. 2021-002
Post Carr Fire Hazardous Fuels Reduction Project
California Department of Forestry and Fire Protection
Dear Mr. Cook:
This constitutes the determination of the Director of Industrial Relations regarding coverage of the above-referenced project under California’s prevailing wage laws, and is made pursuant to California Labor Code section 1773.51 and California Code of Regulations, title 8, section 16001, subdivision (a). Based on my review of the facts of this case and an analysis of the applicable law, it is my determination that the hazardous fuel reduction project (Post Carr Project or Project) is not public work and not subject to the requirements related to the payment of prevailing wages.
Facts
The 2018 Carr Fire caused extensive damage in and around Shasta County, burning more than 229,000 acres. Subsequent to the fire, the California Governor’s Office of Emergency Services (Cal OES) administered the performance of extensive work related to the fire, including removal of burned ash, recyclable metals, concrete, contaminated soil, and trees. This work was funded by the Federal Emergency Management Agency (FEMA) and was completed in 2019.
The McConnell Foundation (McConnell) intends to carry out the Post Carr Project pursuant to a grant from California Department of Forestry and Fire Protection (CAL FIRE).2 The Project will remove brush and vegetation on private property in the wildland1 Unless otherwise indicated, all further statutory references are to the California Labor Code and all subdivision references are to the subdivisions of section 1720. 2 The Project is funded through a $12.6M grant from CAL FIRE and is limited to vegetation removal and management on private property. The grant program is variously identified as a “Greenhouse Gas Reduction Fund Grant Project” and a component of 196 Determination Letter to Dennis B. Cook
Re: Public Works Case No. 2021-002