Paradise City Council
February 10, 2026

169
Category
Committee Name
Type
Date Established
Method of Establishment
Meeting Frequency & Location(s)
Typical Meeting Length
Sunset Date/Trigger
Town Budget Authority
Town Policy Authority
Representation Standard
Active Primary Representative(s)
Active Alternate Representative
Staff Participants
External Participants
Committee Chair Responsibility
Agenda Preparation Responsibility
Minutes Preparation Responsibility
Records Retention Responsibility
Purpose Statement (if available) or
Committee Description and other
important notes.

Response

1. Does the Committee's function match its designated type (External/Standing/Ad Hoc/Liaison)? (Yes/Partially/No) Yes

2. Does the Committee have continuing subject matter jurisdiction? (Yes/No) Yes

3. Does the Committee have a fixed schedule by formal action? (Yes/No) Yes

4. Does the original need for the Committee still exist? (Yes/No) Yes

5. Does the Committee overlap with another Committee or Body? (Yes/No) No

6. Are there tangible outputs of the Committee within the last 12 months? (Many, some, low) Many

7. Are there forecasted outputs of the Committee within the next 12 months? (Many, some, low) Low

8. What are the estimated staff hours per month dedicated to this Committee? (less than 5, 5-15, 15-30 or 30+) Less than 5

9. What is the level of time intensity for Council representatives? (High, medium, low) Low

10. Which of the following best describes the Committee’s primary function? (Information sharing, oversight/monitoring, policy exploration, external representation, mixed) Oversight/Monitoring

11. Does the Committee routinely discuss matters that would otherwise require full Council policy direction or action? (Yes/No) No

12. Is the Committee providing regular and documented updates to the full Town Council? (Yes/No) Yes

13. Has the sunset or trigger date for Committee conclusion been reviewed within the last two years? (Yes/No) No

14. What is the overall structural alignment assessment? (Well aligned, mixed alignment, misaligned) Well aligned

15. Based on the above information, should the Committee structure be reviewed by the full Town Council? (Yes/No) No Internal - Ad Hoc Committee
Town of Paradise
Town Council Committees Inventory & Assessment
Committee Profile
Response
Paradise Solid Waste Committee
Northern Recycling & Waste Services staff
Prior to 2005
Unknown
As needed, second Tuesday of the Month
30 minutes
None identified
None
None
2 Councilmembers
Greg Bolin, Steve Culleton
N/A
Town Manager, CDD Director - Planning & Wastewater
Question
None identified
No Agendas/Minutes are prepared
No Agendas/Minutes are prepared
Various records are retained by staff for implementation actions/normal course of work Committee which meets irregularly based on need and current issues such as Franchise Agreements, terms and other solid waste items affecting Paradise residents. Meeting frequencies are expected to decline.

Internal Committee Structural Fit Review

170
Category
Committee Name
Type
Date Established
Method of Establishment
Meeting Frequency & Location(s)
Typical Meeting Length
Sunset Date/Trigger
Town Budget Authority
Town Policy Authority
Representation Standard
Active Primary Representative(s)
Active Alternate Representative
Staff Participants
External Participants
Committee Chair Responsibility
Agenda Preparation Responsibility
Minutes Preparation Responsibility
Records Retention Responsibility
Purpose Statement (if available) or
Committee Description and other
important notes.

Response

1. Does the Committee's function match its designated type (External/Standing/Ad Hoc/Liaison)? (Yes/Partially/No) Yes

2. Does the Committee have continuing subject matter jurisdiction? (Yes/No) Yes

3. Does the Committee have a fixed schedule by formal action? (Yes/No) Yes

4. Does the original need for the Committee still exist? (Yes/No) Yes

5. Does the Committee overlap with another Committee or Body? (Yes/No) No

6. Are there tangible outputs of the Committee within the last 12 months? (Many, some, low) Yes

7. Are there forecasted outputs of the Committee within the next 12 months? (Many, some, low) Yes

8. What are the estimated staff hours per month dedicated to this Committee? (less than 5, 5-15, 15-30 or 30+) 5-15

9. What is the level of time intensity for Council representatives? (High, medium, low) Medium

10. Which of the following best describes the Committee’s primary function? (Information sharing, oversight/monitoring, policy exploration, external representation, mixed) Mixed

11. Does the Committee routinely discuss matters that would otherwise require full Council policy direction or action? (Yes/No) No

12. Is the Committee providing regular and documented updates to the full Town Council? (Yes/No) Yes

13. Has the sunset or trigger date for Committee conclusion been reviewed within the last two years? (Yes/No) No

14. What is the overall structural alignment assessment? (Well aligned, mixed alignment, misaligned) Well aligned

15. Based on the above information, should the Committee structure be reviewed by the full Town Council? (Yes/No) No Internal - Ad Hoc Committee
Town of Paradise
Town Council Committees Inventory & Assessment
Committee Profile
Response
Paradise Sewer Project Ad Hoc Committee
PID Board Members, PID Staff, Consultants
January 21, 2025
Minute Order
Every 2 Weeks (Thursdays at 2pm at Town Hall)
45 minutes
None identified
None
None
2 Councilmembers
Steve Crowder, Heidi Lange
N/A
Town Manager, Public Works Director/Town Engineer, Project Manager Question
None identified
Public Works Director/Town Engineer or designated staff Public Works Director/Town Engineer or designated staff Public Works Director/Town Engineer or designated staff To monitor progress of the Paradise Sewer Project, and increase project momentum while keeping the public apprised of project progress to deliver a fundable, permittable, scalable wastewater collection and treatment solution.

Internal Committee Structural Fit Review

171

Town of Paradise
Council Agenda Summary
Date: February 10, 2026
Agenda Item: 6(d)
ORIGINATED BY: Jessica Erdahl, Supervising Project Manager REVIEWED BY: Michael O’Brien, Interim Town Manager
SUBJECT: Award Construction Contract - Off-System Road
Rehabilitation Project - 2026

LONG TERM
RECOVERY PLAN:

Yes, Tier 1
COUNCIL ACTION REQUESTED:

1. Adopt Resolution No. 2026- , “ A Resolution of the Town Council of the Town of Paradise Awarding Construction Contract No. 8407.4 CON, Off-System Road Rehabilitation Project - 2026, to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid and designating authority to the Town Manager to Execute an Agreement with Baldwin Contracting Company, Inc. dba Knife River Construction and to approve contingency expenditures not exceeding 10%”. (ROLL CALL VOTE)
Background:

Due to the ongoing recovery effort and debris removal operations within the Town and Butte County, the Town’s off-system roadway infrastructure sustained heavy damage in the wake of the Camp Fire. The pavement structural sections were damaged in two ways:

1. Pavement Scarring due to Car Fires – On the day of the Camp Fire, several motorists were required to abandon their vehicles and continue evacuating on foot. The subsequent car fires damaged the pavement, justifying the need for repair.

2. Pavement structural section damage due to heavy truck traffic – Following the Camp Fire, the Town experienced a staggering level of truck traffic. During the CALOES Debris Removal effort, over 3.7 million tons of material was removed, equivalent to approximately 300,000 truckloads.

During that same period, PG&E, Comcast, and AT&T restored their damaged distribution infrastructure. Additionally, PG&E removed over 92,000 trees, and an additional 100,000 trees were removed in 2020 as part of the Hazard Tree Removal Program. The volume of trucks using the Town’s off-system roads has resulted in damage to the pavement structural section, justifying the need for rehabilitation.

The Town coordinated with the Federal Emergency Management Agency (FEMA) to secure Public Assistance permanent restoration funding to repair damaged off-system roads town wide.

Through the Public Assistance Program, the Town of Paradise has been approved for $38,290,000 for the off-system road rehabilitation project. The approved project is located on “OffSystem” roads. Off-system roadway rehabilitation include roadways that are not on the on-system roadways and will be funded by FEMA.

On November 10, 2020, Paradise Town Council awarded master on-call contracts to Mark 172
Thomas, Dokken Engineering, GHD, Inc., Wood Rodgers, Inc. and Dewberry Drake Haglan to perform on-call professional civil engineering services for a variety of local, state, and federallyfunded projects. Subsequently, in January 2021, task orders were issued to GHD, Dokken Engineering, and Dewberry to perform civil design services on the off-system road rehabilitation project.

The overall scope of work for the Project can be summarized as follows:

Repair Camp Fire damaged off-system roads to achieve a pre-fire condition.

On August 17, 2023 Paradise Town Council awarded Contract No 8407.1.CON, 2023 Off-System Roadway Rehabilitation (Project 1) to Hat Creek Construction and Materials in the amount of their base bid plus additive bid #1,$5,756,809.

On May 14, 2024 Paradise Town Council awarded Contract No 8407.2.CON, 2024 Off-System Roadway Rehabilitation (Project 2) to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid $7,565,944.94.

On March 11, 2025 Paradise Town Council awarded Contract No 8407.3.CON, 2025 Off-System Roadway Rehabilitation (Project 3 – 19.61 miles) to DeSilva Gates Construction LLC in the amount of their base bid $11,520,520.

On December 9, 2026 Paradise Town Council adopted a resolution approving the Plans, Specifications and Estimate for the Off-System Road Rehabilitation Project - 2026. Council further directed staff to advertise for bids.

A project map if the proposed 2026 project limits are provided in this Agenda Summary.

Analysis:

On January 26, 2026, 5 bids were received by the Town Clerk and publicly opened. A list of bids received are shown in the table below:

Bid No. Item Description Base Bid Amount
X Engineer's Estimate $8,115,411.03
1 Baldwin Contracting Company, Inc. dba Knife River
Construction $6,497,568.49
2 DeSilva Gates Construction LLC $7,043,777.00
3 Mountain Cascade, Inc. $7,766,144.00
4 Martin Brothers Construction $7,900,822.00
5 All-American Construction, Inc. $9,162,933.02
173
Per the contract specifications, the award of the contract, if it be awarded, will be to the lowest responsible, responsive bidder based upon the base bid whose bid complies with all the requirements prescribed.

Staff is recommending award of Contract No. 8407.4 CON, Off-System Road Rehabilitation Project - 2026 to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid $6,497,568.49. This recommendation is made after careful review of the Contractor’s bid submittals including required Section 3 Commitment, Section 3 Good Faith efforts and subcontractor listings.

Financial Impact:

FEMA Public Assistance funds have been authorized for construction and construction engineering phases at actual documented cost incurred.

The total estimated construction and construction engineering cost for the Off-System Road Rehabilitation Project - 2026 is $8,077,723. The estimated funding breakdown is shown below. 2026 Off-System Road Rehabilitation Project 8407.4 CON
Contract Items
Total
Estimated
Cost
Total
Participating
Cost
FEMA/CalOES CDBG-DR
Match
NonParticipating
(Storm
Drain)
Construction Project 4 -
2026 $6,462,178 $6,416,288 $3,601,101 $2,815,187 $45,890 Contingency (10%) $646,218 $641,629 $641,629 $4,589
Construction Management
(15%) $969,327 $962,443 $962,443 $6,884
Total $8,077,723 $8,020,361 $3,601,101 $4,419,259 $57,363 Total Available Funding $11,535,636 $11,478,273 $3,601,101 $7,877,172 $57,363 Balance $3,457,913 $3,457,913 $0 $3,457,913 $0
Costs in excess of available FEMA/CalOES funding and required matching funds will be funded by the Community Development Block Grant-Disaster Recovery fund. Non-participating storm drain infrastructure costs will be funded with Development Impact Fees.

Attachments:

A. Resolution
B. 2026 Project Map
174
1 TOWN OF PARADISE
RESOLUTION NO. 2026-___

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AWARDING CONSTRUCTION CONTRACT NO. 8407.4 CON, OFF-SYSTEM ROAD REHABILITATION PROJECT - 2025, TO BALDWIN CONTRACTING COMPANY, INC.

DBA KNIFE RIVER CONSTRUCTION IN THE AMOUNT OF THEIR BASE BID AND

DESIGNATING AUTHORITY TO THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH BALDWIN CONTRACTING COMPANY, INC. DBA KNIFE RIVER

CONSTRUCTION AND TO APPROVE CONTINGENCY EXPENDITURES NOT EXCEEDING 10%
WHEREAS, off-system roads sustained damage as a result of the Camp Fire; and
WHEREAS, the Town of Paradise has received a $38,290,000 allocation of Federal Emergency Management Agency Public Assistance funds; and WHEREAS, the Town of Paradise has received a $7,308,635 allocation of United States Department of Housing and Urban Development (HUD) Community Development Block Grant – Disaster Recovery funds as matching funds; and WHEREAS, the purpose of the Public Assistance Program is to repair or reconstruct non-federal aid highways and roads (“Off-System”) which have suffered serious damage as a result of natural disasters; and
WHEREAS, eligible repairs may include, but are not limited to, damage occurring to pavement or other surface courses, shoulders, embankments, cut slopes, roadside development, and stream channels, whether man-made or natural. Pavement repairs or reconstruction may also include rock slope protection, cribbing, or other stream bank control features, bridges, retaining walls, culverts and debris removal, including other deposits from roadway drainage channels and the traveled way; and WHEREAS, the Off-System Road Rehabilitation Project - 2026 is consistent in scope with the approved Public Assistance funds; and
WHEREAS, the Off-System Road Rehabilitation Project - 2026 is consistent with priorities identified in the Paradise Long-Term Recovery Plan prepared in response to the 2018 Camp Fire; and
WHEREAS, the Town Council approved the Plans, Specification and Estimates and authorized advertisement for bids on the Off-System Road Rehabilitation Project - 2026 on the 9th day of December 2025;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:

Section 1. The Town Manager is authorized to award and execute the construction contract to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid. for the Off-System Road Rehabilitation Project - 2026 and designate 175
2 authority to the Public Works Director to approve continency expenditures not exceeding 10%.

PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 10th day of February 2026, 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
176
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community

OOFFFF--SSYYSSTTEEMM RROOAADD RREEHHAABBIILLIITTAATTIIOONN 22002266 MMIISSCC

FFEEMMAA//CCDDBBGG--DDRR

TOWN OF PARADISE

PUBLIC WORKS DEPARTMENT
5555 Skyway Road
Paradise, California 95969
±
0 0.5 1
Miles
J ERDAH5
NOV 2025

PROJECT

LOCATION
MAP
Legend
Off-System 2026
Paradise Town Limits
177

Town of Paradise
Council Agenda Summary
Date: February 10, 2026
Agenda Item: 6(e)
ORIGINATED BY: Jessica Erdahl, Supervising Project Manager REVIEWED BY: Michael O’Brien, Interim Town Manager
SUBJECT: Award Construction Contract – On-System Road
Rehabilitation – Misc 2026/HSIP Systemic Intersection
Safety Improvement Project

LONG TERM
RECOVERY PLAN:

Yes, Tier 1
COUNCIL ACTION REQUESTED:

1. Adopt Resolution No. 2026- , “ A Resolution of the Town Council of the Town of Paradise Awarding Construction Contract No. 7303.6 CON, On-System Road Rehabilitation – Misc 2026/HSIP Systemic Intersection Safety Improvement Project, to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid and designating authority to the Town Manager to Execute an Agreement with Baldwin Contracting Company, Inc. dba Knife River Construction and to approve contingency expenditures not exceeding 10%”. (ROLL CALL VOTE) Background:

Due to the ongoing recovery effort and debris removal operations within the Town and Butte County, the Town’s on-system roadway infrastructure sustained heavy damage in the wake of the Camp Fire. The pavement structural sections were damaged in two ways:

1. Pavement scarring due to car fires – On the day of the Camp Fire, several motorists were required to abandon their vehicles and continue evacuating on foot. The subsequent car fires damaged the pavement, justifying the need for repair.

2. Pavement structural section damage due to heavy truck traffic – Following the Camp Fire, the Town experienced a staggering level of truck traffic. During the CALOES Debris Removal effort, over 3.7 million tons of material was removed, equivalent to approximately 300,000 truckloads. During that same period, PG&E, Comcast, and AT&T restored their damaged distribution infrastructure. Additionally, PG&E removed over 92,000 trees, and an additional 100,000 trees were removed in 2020 as part of the Hazard Tree Removal Program. The volume of trucks using the Town’s on-system roads has resulted in damage to the pavement structural section, justifying the need for rehabilitation.

The Town coordinated with Caltrans and Federal Highways Administration (FHWA) to secure Emergency Relief permanent restoration funding to repair damaged on-system roads town wide.

Through the Emergency Relief Program, the Town of Paradise has been approved for $55,439,200 for the on-system road rehabilitation project. The approved project is located on Federal-Aid “On-System” roads – meaning the Town’s primary collectors and arterials such as Skyway, Clark, Pearson, Elliott, Bille, Wagstaff, Pentz, etc. 178
Additionally, in 2018 the Town has been approved for $1,229,300 in Cycle 9 Highway Safety Improvement Program (HSIP) funds to improve safety at thirteen stop-controlled intersections at various locations. The countermeasure will be to systemically improve minor street approaches with a combination of additional intersection warning/regulatory signs, improved pavement markings, and providing improved sight triangles. For efficiency this project will be bid and constructed with the On-System Road Rehabilitation projects.

On November 10, 2020, Paradise Town Council awarded master on-call contracts to Mark Thomas, Dokken Engineering, GHD, Inc., Wood Rodgers, Inc. and Dewberry Drake Haglan to perform on-call professional civil engineering services for a variety of local, state, and federallyfunded projects. Subsequently, in January 2021, task orders were issued to Mark Thomas, Dokken Engineering, and Wood Rodgers, Inc. to perform civil design services on the on-system road rehabilitation project.

The overall scope of work for the combined Road Rehabilitation and HSIP Project can be summarized as follows:
 Repair Camp Fire damaged on-system roads to achieve a pre-fire condition.  Improve safety at two stop-controlled intersection with a combination of striping, warning/regulatory signs, improved pavement markings and providing improved sight triangles.

On June 14, 2022 Paradise Town Council awarded Contract No. 7303.1.CON, 2022 On-System Roadway Rehabilitation –Skyway (Project 1 – 3.22 miles) to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid plus additive bid #1,$5,069,864.78.

On January 10, 2023 Paradise Town Council awarded Contract No. 7303.2.CON, 2023 OnSystem Roadway Rehabilitation – Pearson (Project 2- 8.58 miles) to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid,$5,339,517.50.

On June 18, 2024 Paradise Town Council awarded Contract No. 7303.3 CON, REBID 2024 OnSystem Road Rehabilitation /HSIP Systemic Intersection Safety Improvement Project (Project 3-

7.52 miles) to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid, $4,835,562.88.

On May 13, 2025 Paradise Town Council awarded Contract No. 7303.4 CON, 2025 On-System Road Rehabilitation – Clark (Project 4 – 2.1 Miles) to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid, $6,445,840.80.

On May 13, 2025 Paradise Town Council awarded Contract No. 7303.5 CON, 2025 On-System Road Rehabilitation – Misc (Project 5 – 3.83 Miles) to All-American Construction, Inc. in the amount of their base bid, $8,416,590.87.

On December 9, 2025 Paradise Town Council adopted a resolution approving the Plans, Specifications and Estimate for the On-System Road Rehabilitation – Misc 2026/HSIP Systemic Intersection Safety Improvement Project (Project 6). Council further directed staff to advertise for bids.

A vicinity map of the Project 6 limits is provided in this Agenda Summary.

Analysis:

On January 21, 2026, 4 bids were received by the Town Clerk and publicly opened. A list of bids received are shown in the table below:
179
Bid No. Item Description Base Bid Amount
X Engineer's Estimate $10,232,914.96
1 Baldwin Contracting Company, Inc. dba Knife River
Construction $8,252,766.70
2 Mountain Cascade, Inc. $9,104,235.12
3 DeSilva Gates Construction LLC $10,540,540.00
4 All-American Construction, Inc. $11,937,007.20
5 Per the contract specifications, the award of the contract, if it be awarded, will be to the lowest responsible, responsive bidder based upon the base bid whose bid complies with all the requirements prescribed.

Staff is recommending award of Contract No. 7303.6 CON On-System Road Rehabilitation - Misc 2026/HSIP Systemic Intersection Safety Improvement Project to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid of $8,252,766.70. This recommendation is made after careful review of the Contractor’s bid submittals including required Section 3 Commitment, Section 3 Good Faith efforts and subcontractor listings.

Financial Impact:

FHWA Emergency Relief funds have been authorized for construction and construction engineering phases at actual documented cost incurred.

The total estimated construction and construction engineering cost for the On-System Road Rehabilitation – Misc 2026/HSIP Systemic Intersection Safety Improvement Project is $10,279,223. The estimated funding breakdown is shown below. 180
On-System Road Rehabilitation – Misc 2026 /HSIP Systemic Intersection Safety Improvement Project
Contract Items
Total
Estimated Cost
FHWA
ER 38Y0(012)

75.25%

CDBG-DR
Match 24.75%
HSIPL 5425
(041) 90%
LTF Match
10%
NonParticipating
(Utility
Adjustments)
Construction
Project 6- 2026
Misc $ 8,252,767 $ 5,993,159 $ 1,971,172 $ 39,182 $ 4,354 $ 244,900 Contingency (10%) $ 825,277 $ 599,316 $ 197,117 $ 3,918 $ 435 $ 24,490 Construction
Management
(15%) $ 1,201,180 $ 898,974 $ 295,676 $ 5,877 $ 653
Total $ 10,279,223 $ 7,491,449 $ 2,463,965 $ 48,978 $ 5,442 $ 269,390 Total Available
Funding $ 19,166,785 $ 13,918,504 $ 4,631,644 $ 312,322 $ 34,925 $ 269,390 Balance $ 8,887,562 $ 6,427,055 $ 2,167,680 $ 263,345 $ 29,483 $ - Required On-System Road matching funds, $2,463,965 (24.75%), will be funded by Community Development Block Grant-Disaster Recovery funds. Required HSIP matching funds, $5,442 (10%), will be funded by Local Transit Funds.

Attachments:

A. Resolution
B. Project Map – Misc 2026
181
1 TOWN OF PARADISE
RESOLUTION NO. 2026-___

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AWARDING CONSTRUCTION CONTRACT NO. 7303.6 CON, ON-SYSTEM ROAD REHABILITATION – MISC 2026 /HSIP SYSTEMATIC INTERSECTION SAFETY IMPROVEMENT PROJECT, TO BALDWIN CONTRACTING COMPANY, INC. DBA

KNIFE RIVER CONSTRUCTION IN THE AMOUNT OF THEIR BASE BID AND

DESIGNATING AUTHORITY TO THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH BALDWIN CONTRACTING COMPANY, INC. DBA KNIFE

RIVER CONSTRUCTION AND TO APPROVE CONTINGENCY EXPENDITURES NOT EXCEEDING 10%
WHEREAS, on-system roads sustained damage as a result of the Camp Fire; and
WHEREAS, the Town of Paradise has received a $55,439,200 allocation of Federal Highway Administration Emergency Relief Program funds; and WHEREAS, the purpose of the Emergency Relief Program is Repair or reconstruction of Federal-aid highways and roads (“On-System”) which have suffered serious damage as a result of natural disasters; and
WHEREAS, eligible repairs may include, but are not limited to, damage occurring to pavement or other surface courses, shoulders, embankments, cut slopes, roadside development, and stream channels, whether man-made or natural. Pavement repairs or reconstruction may also include rock slope protection, cribbing, or other stream bank control features, bridges, retaining walls, culverts and debris removal, including other deposits from roadway drainage channels and the traveled way; and WHEREAS, the Town of Paradise has received a $1,229,300 allocation of Federal Highway Administration Highway Safety Improvement Program funds; and WHEREAS, the purpose of the Highway Safety Improvement Program is to achieve a significant reduction in traffic fatalities and serious injuries on public roads; and WHEREAS, the On-System Road Rehabilitation –Misc 2026/HSIP Systematic Intersection Safety Improvement Project is consistent in scope with the approved Emergency Relief and Highway Safety Improvement Program funds; and WHEREAS, the On-System Road Rehabilitation – Misc 2026/HSIP Systematic Intersection Safety Improvement Project is consistent with priorities identified in the Paradise Long-Term Recovery Plan prepared in response to the 2018 Camp Fire; and WHEREAS, the Town Council approved the Plans, Specification and Estimates and authorized advertisement for bids on the On-System Road Rehabilitation- Misc 2026/HSIP Systematic Intersection Safety Improvement Project on the 9th day of December 2025;
182
2 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:

Section 1. The Town Manager is authorized to award and execute the construction contract with Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid. for the On-System Road Rehabilitation – Misc 2026/HSIP Systematic Intersection Safety Improvement Project and designate authority to the Public Works Director to approve continency expenditures not exceeding 10%.

PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 10th day of February 2026, 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
183
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community

OONN--SSYYSSTTEEMM RROOAADD RREEHHAABBIILLIITTAATTIIOONN//HHSSIIPP 22002266 MMIISSCC

FFHHWWAA//CCDDBBGG--DDRR

TOWN OF PARADISE

PUBLIC WORKS DEPARTMENT
5555 Skyway Road
Paradise, California 95969
±
0 0.5 1
Miles
J ERDAH5
NOV 2025

PROJECT

LOCATION
MAP
Legend
On-System 2026
Paradise Town Limits
184

Town of Paradise
Council Agenda Summary
Date: February 10, 2026
Agenda Item: 6(f)
ORIGINATED BY: Marc Mattox, Assistant Town Manager
REVIEWED BY: Michael O’Brien, Town Manager
SUBJECT: Delegation of Authority to Town Manager for Right-of-Way Acquisitions – Pentz Road Widening and Pentz Pathway
Phase II Projects

LONG TERM
RECOVERY PLAN:

Yes, Tier 1
COUNCIL ACTION REQUESTED:

1. Consider adopting Resolution No. 2026-____ “A Resolution of the Town Council of the Town of Paradise Delegating Limited Authority to the Town Manager to Approve and Execute Final Right-of-Way Acquisition Documents for the Skyway-Pentz Intersection Improvements, Pentz Road Widening Project and Pentz Pathway Project Phase II”.

Background:

The Town of Paradise is advancing three coordinated transportation and evacuation infrastructure projects: the Skyway-Pentz Intersection Improvements, Pentz Road Widening Project and the Pentz Pathway Project Phase II. These projects are identified in the Town’s adopted CDBG-DR Infrastructure Action Plan Amendment 4 and are being delivered as an integrated program supporting evacuation capacity, public safety, housing recovery, and long-term community resiliency.

All three projects are funded through a combination of HUD Community Development Block Grant – Disaster Recovery (CDBG-DR) funds and State Active Transportation Program (ATP) funds administered under the Caltrans Local Assistance Procedures Manual (LAPM) with oversight by the California Department of Transportation (Caltrans) and California Transportation Commission (CTC). As state and federally funded projects, all right-of-way acquisition activities must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), HUD regulations, Caltrans LAPM requirements, and applicable provisions of California municipal law governing property acquisition and just compensation.

The design and delivery of these projects require the acquisition of more than two hundred individual right-of-way interests from private property owners. These acquisitions will primarily consist of Temporary Construction Easements and limited permanent easements necessary to accommodate roadway widening, drainage improvements, and pathway construction. In all cases, the Town is not proposing or anticipating full property acquisitions.

The volume of individual right-of-way transactions associated with these projects presents a unique administrative challenge. Under current procedures, each individual acquisition 185
agreement would require Town Council action. Given the number of anticipated acquisitions, this approach would significantly slow project implementation and introduce schedule risk that could jeopardize compliance with HUD and Caltrans funding timelines.

Analysis:

Staff is requesting that the Town Council delegate limited authority to the Town Manager to approve and execute all final right-of-way acquisition documents for the Skyway-Pentz Intersection Improvements, Pentz Road Widening Project and the Pentz Pathway Project Phase II. This delegation is intended to streamline project delivery while maintaining appropriate legal, fiscal, and policy safeguards.

The proposed delegation is narrow in scope and applies only to these three projects. It requires that each acquisition document be reviewed and approved by the Town Attorney and validated by the Town’s right-of-way consulting specialists prior to execution. This ensures that every acquisition complies with applicable federal and state funding requirements, including HUD and Caltrans LAPM procedures.

This action does not eliminate Town Council oversight. All right-of-way acquisitions will remain subject to previously approved project budgets and to Council closed-session review and approval of fair market value or waiver valuations in accordance with California Government Code requirements. The delegated authority would remain in effect only so long as acquisitions are consistent with those approved valuations and remain within the overall right-of-way acquisition budgets established for each project. Any acquisition outside those parameters would return to the Town Council for separate consideration.

Delegating this authority is consistent with best practices for large, grant-funded transportation and infrastructure projects. Both HUD and Caltrans emphasize the importance of timely right-ofway acquisition as a prerequisite to construction authorization and require that local agencies demonstrate administrative capacity to manage property negotiations efficiently while protecting property owner rights. This approach supports compliance with those requirements while allowing the Town to meet critical project schedules.

From a community perspective, this action supports a collaborative and partnership-oriented acquisition process. It allows staff and consultants to work directly and efficiently with affected property owners, reduces uncertainty and delay, and helps ensure that negotiations are conducted in a consistent, fair, and professional manner. The Town remains committed to transparency and respectful engagement with property owners throughout the acquisition process.

The proposed Resolution memorializes this authority in a formal and limited manner. It applies solely to the Skyway-Pentz Intersection Improvements, Pentz Road Widening Project and the Pentz Pathway Project Phase II and does not establish a general delegation for other Town projects.
186
Financial Impact:

The overall budget for Right of Way phase of the three projects is shown below. There are no appropriations or general funds requested as part of this action:
187

TOWN OF PARADISE
RESOLUTION NO. 2026-___

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE

DELEGATING LIMITED AUTHORITY TO THE TOWN MANAGER TO APPROVE AND EXECUTE FINAL RIGHT-OF-WAY ACQUISITION DOCUMENTS FOR THE SKWAYPENTZ INTERSECTION IMPROVEMENTS, PENTZ ROAD WIDENING PROJECT,

AND PENTZ PATHWAY PROJECT PHASE II
WHEREAS, the Town of Paradise is advancing three coordinated transportation and evacuation infrastructure projects known as the Skyway-Pentz Intersection Improvements, the Pentz Road Widening Project, and the Pentz Pathway Project Phase II (collectively, the “Projects”); and
WHEREAS, the Projects are identified in the Town’s adopted Community Development Block Grant–Disaster Recovery (CDBG-DR) Infrastructure Action Plan Amendment 4 and are being delivered as an integrated program supporting evacuation capacity, public safety, housing recovery, and long-term community resiliency; and WHEREAS, the Projects are funded through a combination of U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant–Disaster Recovery (CDBG-DR) funds and State Active Transportation Program (ATP) funds administered under the Caltrans Local Assistance Procedures Manual (LAPM), with oversight by the California Department of Transportation (Caltrans) and the California Transportation Commission (CTC); and
WHEREAS, as state and federally funded projects, all right-of-way acquisition activities must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), HUD regulations, Caltrans LAPM requirements, and applicable provisions of California municipal law governing property acquisition and just compensation; and
WHEREAS, implementation of the Projects requires the acquisition of more than two hundred individual right-of-way interests from private property owners, primarily consisting of temporary construction easements and limited permanent easements necessary to accommodate roadway widening, drainage improvements, and pathway construction, and not full property acquisitions; and
WHEREAS, under current procedures, each individual right-of-way acquisition would require Town Council action, which would significantly slow project implementation and create schedule risk that could jeopardize compliance with HUD and Caltrans funding timelines; and
WHEREAS, staff has requested a limited delegation of authority to the Town Manager in order to streamline project delivery while maintaining appropriate legal, fiscal, and policy safeguards; and
WHEREAS, the Town Council desires to delegate such authority in a narrow and controlled manner that preserves Council oversight of project budgets, valuation approvals, and legal compliance.
188

TOWN OF PARADISE
RESOLUTION NO. 2026- __
2 NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Paradise as follows:

1. Delegation of Authority - The Town Council hereby authorizes the Town Manager to approve and execute all final right-of-way acquisition documents for the SkywayPentz Intersection Improvements, Pentz Road Widening Project, and Pentz Pathway Project Phase II, including but not limited to temporary construction easements and permanent easements, subject to the conditions of this Resolution.

2. Scope Limitation - This delegation of authority is limited solely to the three Projects identified herein and does not establish a general delegation of authority for other Town projects or property acquisitions.

3. Required Legal and Technical Review - Prior to execution, all right-of-way acquisition documents shall be reviewed and approved by the Town Attorney and validated by the Town’s right-of-way consulting specialists to ensure compliance with:
 The Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA);
 HUD CDBG-DR regulations;
 Caltrans Local Assistance Procedures Manual (LAPM); and  Applicable provisions of California law.

4. Budget and Valuation Compliance - The Town Manager’s authority under this Resolution shall be limited to acquisitions that:
 Are consistent with fair market value or waiver valuations approved by the Town Council in closed session in accordance with California Government Code; and
 Remain within the overall right-of-way acquisition budgets previously approved by the Town Council for each Project.

5. Council Oversight Preserved - Any acquisition that exceeds approved valuations, is outside approved budgets, or materially deviates from previously approved project parameters shall be returned to the Town Council for separate consideration and approval.

6. Funding - This Resolution does not authorize any new appropriations or the use of General Fund resources. All right-of-way acquisitions shall be funded through existing project budgets supported by CDBG-DR and ATP funding sources.

7. Findings - The Town Council finds that this limited delegation of authority:
 Supports timely delivery of critical evacuation and transportation infrastructure;
 Is consistent with best practices for large, grant-funded public works projects;  Maintains transparency, accountability, and protection of property owner rights; and
 Does not constitute a general delegation of acquisition authority beyond the Projects identified herein.

8. Effective Date - This Resolution shall take effect immediately upon adoption. 189

TOWN OF PARADISE
RESOLUTION NO. 2026- __
3 PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 10 th day of February, 2026, 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
190

Town of Paradise
Council Agenda Summary
Date: February 10, 2026
Agenda Item: 6(g)
ORIGINATED BY: Marc Mattox, Assistant Town Manager
REVIEWED BY: Michael O’Brien, Interim Town Manager
SUBJECT: Award of Professional Services Agreement for Facilities Master Plan and Corporation Yard / Fire Station 82
Planning-Design Services (RFQ No. 2025-004)

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Consider approving staff’s recommendation to select Studio W + TSK ( design team) to provide professional planning and design services for the Town of Paradise Facilities Master Plan and Corporation Yard / Fire Station 82 project; and:

2. Authorize the Town Manager to enter into negotiations and execute an Agreement for Professional Services with Studio W+TSK for an initial not-to-exceed amount of $560,720, subject to approval by the Town Attorney; and

3. Adopt Resolution No. 2026-___ “A Resolution of the Town Council of the Town of Paradise Designating Authority to the Town Manager to execute the Agreement and Associated Task Orders for RFQ No. 2025-004, Facilities Master Plan and Corporation Yard/Fire Station 82 Planning-Design Services in a Not-to-Exceed Amount of $560,720.” Background:

The 2018 Camp Fire resulted in the loss of multiple Town-owned facilities, including Fire Station 83, the Public Works Corporation Yard, and several ancillary structures. Since that time, recovery of Town facilities has been constrained by unresolved insurance claims and uncertainty regarding available rebuilding funds.

The Town of Paradise has recently received insurance settlement proceeds related to structural and non-structural losses from the Camp Fire, allowing the Town to move forward with a comprehensive and strategic approach to rebuilding and long-term facilities planning.

On February 11, 2025, the Paradise Town Council appointed Councilmembers Bolin and Culleton to serve on a Facilities Ad Hoc Committee to review and advise on next steps related to the Town’s overall facilities and replacement needs. The mission of the Committee is to assess all Town-owned buildings and properties to determine which should be repaired, rebuilt, repurposed, or considered for disposal, and to align facility decisions with departmental needs, fiscal capacity, and long-term community priorities.

On October 14, 2025, Town Council:
 Acknowledged a progress report from the Facilities Ad Hoc Committee; 191
 Established a Long-Range Facilities Fund;
 Directed staff to pursue a consultant-led Facilities Master Plan and Corporation Yard / Fire Station 82 planning effort.

On November 12, 2025, Town Council approved release of Request for Proposals (RFP No. 2025-004) for Facilities Master Plan and Corporation Yard / Fire Station 82 Planning-Design Services.

Analysis:

RFP No. 2025-004 was advertised in accordance with Town procurement requirements. By the proposal deadline, the Town received proposals from the following firms:

Studio W Architects + TSK Architects
PBK Architects
Indigo (Hammond + Playle Architects)
LPA Design Studios
LDA Partners
COAR Design Group
NMR Group
An Evaluation Committee was convened consisting of the following members:

Councilmember Culleton (Facilities Ad Hoc Committee)
Capital Projects Manager
Senior Maintenance Worker (Facilities)
Public Works Director / Town Engineer
The Evaluation Committee reviewed and scored proposals using the evaluation criteria established in the RFP, including: Compliance with the RFP, Capability and experience, Past performance, References, and Cost for services.

Following independent scoring and committee discussion, the Evaluation Committee developed an aggregate ranking of the proposals based on total combined scores.

Aggregate Evaluation Committee Scoring and Ranking:

Consultant Name Raw Score
Total
Ranking
Total
Final
Ranking
Coar 239 22 7
Indigo 235 11 2
LDA 274 16 3
LPA 258 20 6
NM&R 272 18 4
PBK 260 19 5
Studio W 293 4 1
192
Based on the Evaluation Committee’s scoring and discussion, Studio W + TSK was identified as the highest-ranked firm and is recommended for contract award.

Staff recommends proceeding with contract negotiations with Studio W + TSK to finalize a Professional Services Agreement consistent with the scope of work outlined in the RFP. If negotiations are unsuccessful, staff will return to Council with further direction or initiate negotiations with the next highest-ranked firm.

The selected consultant will be responsible for:
 Preparation of a Town-wide Facilities Master Plan
 Early site selection and feasibility analysis for the Corporation Yard  Conceptual planning for Fire Station 82 in coordination with CAL FIRE standards  Cost estimating and implementation strategies for Town facilities  Public and stakeholder engagement as part of the planning process Financial Impact:

Funding for this contract will be sourced from the Long-Range Facilities Fund (G/L Account No. 7651).

The Agreement will be issued as a initial not-to-exceed contract in the amount of $560,720, subject to successful contract negotiations and final scope approval, with additional funds and task orders to be approved at a future time at Council’s discretion. No construction funding is authorized as part of this action.
193

TOWN OF PARADISE
RESOLUTION NO. 2026-____

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE

DESIGNATING AUTHORITY TO THE TOWN MANAGER TO EXECUTE THE

AGREEMENT FOR PROFESSIONAL SERVICES AND ASSOCIATED TASK ORDERS FOR RFQ NO. 2025-004, FACILITIES MASTER PLAN AND CORPORATION YARD / FIRE STATION 82 PLANNING-DESIGN SERVICES, IN A NOT-TO-EXCEED AMOUNT OF $560,720
WHEREAS, the 2018 Camp Fire caused unprecedented damage to the Town of Paradise, resulting in the loss of multiple Town-owned facilities and necessitating a comprehensive recovery and long-term facilities planning effort; and WHEREAS, the Town of Paradise has received insurance settlement proceeds related to structural and non-structural losses from the Camp Fire, enabling the Town to move forward with a strategic approach to rebuilding and future facility planning; and WHEREAS, on February 11, 2025, the Paradise Town Council appointed Councilmembers Bolin and Culleton to serve on a Facilities Ad Hoc Committee to review and advise on next steps related to the Town’s overall facilities and replacement needs; and
WHEREAS, on October 14, 2025, the Town Council acknowledged a progress report from the Facilities Ad Hoc Committee, established a Long-Range Facilities Fund, and directed staff to pursue a consultant-led Facilities Master Plan and Corporation Yard / Fire Station 82 planning effort; and
WHEREAS, on November 12, 2025, the Town Council approved release of Request for Proposals (RFQ No. 2025-004) for Facilities Master Plan and Corporation Yard / Fire Station 82 Planning-Design Services; and
WHEREAS, RFQ No. 2025-004 was prepared and advertised in accordance with Paradise Municipal Code and applicable State and Federal procurement requirements; and
WHEREAS, the Town received proposals from the following firms:
 Studio W Architects + TSK Architects
 PBK Architects
 Indigo (Hammond + Playle Architects)
 LPA Design Studios
 LDA Partners
 COAR Design Group
 NMR Group
WHEREAS, an Evaluation Committee was convened consisting of:
 Councilmember Bolin (Facilities Ad Hoc Committee)
 Councilmember Culleton (Facilities Ad Hoc Committee)
 Capital Projects Manager
 Senior Maintenance Worker (Facilities)
 Public Works Director / Town Engineer
194

TOWN OF PARADISE
RESOLUTION NO. 2026- __
2 WHEREAS, the Evaluation Committee reviewed and scored the proposals using the evaluation criteria set forth in the RFQ, including compliance with the RFQ, capability and experience, past performance, references, and cost for services; and WHEREAS, following independent scoring and committee discussion, the Evaluation Committee developed an aggregate ranking of the proposals and identified Studio W + TSK as the highest-ranked firm; and
WHEREAS, the selected consultant will be responsible for preparation of a Townwide Facilities Master Plan, early site selection and feasibility analysis for the Corporation Yard, conceptual planning for Fire Station 82, cost estimating and implementation strategies for Town facilities, and public and stakeholder engagement; and WHEREAS, funding for this Agreement will be sourced from the Long-Range Facilities Fund and the Agreement will be issued as a not-to-exceed contract in the amount of $560,720, subject to successful contract negotiations and approval by the Town Attorney;
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Paradise as follows:

1. Approves the selection of Studio W + TSK to provide professional planning and design services for RFQ No. 2025-004, Facilities Master Plan and Corporation Yard / Fire Station 82 Planning-Design Services; and

2. Designates the Town Manager as the authorized representative of the Town of Paradise to negotiate and execute an Agreement for Professional Services and associated task orders with Studio W + TSK in a not-toexceed amount of $560,720 subject to approval as to form by the Town Attorney; and

3. Authorizes the Town Manager to execute amendments and task orders consistent with the scope of work and funding limits approved herein in order to efficiently administer the Agreement; and

4. Directs staff to return to the Town Council for further direction if contract negotiations with the selected consultant are unsuccessful.

PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 10 th day of February, 2026, 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
195
TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES
___________________TBD__________________
Consultant
Facilities Master Plan & Corporation Yard / Fire Station 82 __________________________________
Budget Account Number

ARTICLE I INTRODUCTION
This AGREEMENT is between Town of Paradise and the following named, hereinafter referred to as, CONSULTANT:

The name of the “CONSULTANT” is as follows:

TBD
Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be Stephen Caswell The Contract Administrator for the Town of Paradise will be Marc Mattox, Public Works Director/Town Engineer.

A. Consultant shall perform the work under this AGREEMENT described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE).

The approved CONSULTANT’s Cost Proposal is attached hereto (Exhibit B) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

B. INDEMNITY AND DEFENSE

1. Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless Town and any and all of its officials, employees and agents as well as any other entities specified by Town (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant , its officers, agents, employees or subconsultants (or any agency or individual that CONSULTANT shall bear the legal liability thereof) in the performance of services under this AGREEMENT. CONSULTANT’s duty to indemnify and hold harmless TOWN OF PARADISE shall not extend to the TOWN OF PARADISE’s sole or active negligence and shall not extend beyond the Consultant’s percentage of fault.

2. Duty to Defend
In the event the TOWN OF PARADISE, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and 196
upon demand by TOWN OF PARADISE, CONSULTANT shall defend the TOWN OF PARADISE at CONSULTANT’s cost or at TOWN OF PARADISE’s option, to reimburse TOWN OF PARADISE for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by TOWN OF PARADISE is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and TOWN OF PARADISE, as to whether liability arises from the sole or active negligence of the TOWN OF PARADISE or its officers, employees, or agents, CONSULTANT will be obligated to pay for TOWN OF PARADISE’s defense until such time as a final judgment has been entered adjudicating the TOWN OF PARADISE as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

C. Consultant shall perform the work under this AGREEMENT described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE).

The approved CONSULTANT’s Cost Proposal is attached hereto (Exhibit B) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of TOWN OF PARADISE.

E. TOWN OF PARADISE is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the TOWN OF PARADISE as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds TOWN OF PARADISE harmless from any and all claims that may be made against the Town based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the TOWN OF PARADISE. However, claims for money due or which become due to CONSULTANT from Town under this AGREEMENT may be assigned to a financial institution or to a 197
trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the TOWN OF PARADISE.

H. CONSULTANT shall be as fully responsible to the TOWN OF PARADISE for the negligent, reckless or willful misconduct of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. No waiver of any term or condition of this AGREEMENT shall be a continuing waiver thereof.

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

K. CONSULTANT shall comply with the provisions of this AGREEMENT and additional federal provisions in Exhibit E of this agreement. In the event of a conflict between any provisions of Exhibit E, the more stringent provisions shall control and prevail.

L. CONSULTANT shall comply with the requirements of State prevailing wage law as required by law and as set out in this AGREEMENT.

M. All days set out herein are calendar days unless otherwise specified.

N. All Exhibits are incorporated into this AGREEMENT as if fully set forth herein.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit written progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report shall be sufficiently detailed for TOWN OF PARADISE’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with TOWN OF PARADISE’s Contract Administrator or Project Coordinator, as needed, and upon request, to discuss progress on the project(s).

ARTICLE III STATEMENT OF WORK
CONSULTANT shall provide On-Call Engineering Services, described in Exhibit A entitled “SCOPE OF SERVICES”.

ARTICLE IV PERFORMANCE PERIOD
198
A. Exhibit C is the “SCHEDULE OF PERFORMANCES”. This AGREEMENT shall go into effect on DATE, contingent upon approval by Town of Paradise, and CONSULTANT shall commence work after notification to proceed by the Town of Paradise’s Contract Administrator. The AGREEMENT shall end on DATE, unless extended by AGREEMENT amendment or terminated under Article VI of this AGREEMENT.

B. No recommendation for AGREEMENT award is binding on the Town of Paradise until the AGREEMENT is fully executed and approved by Town Council of the Town of Paradise and the Contract Administrator has issued a written Notice to Proceed.

C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term of this AGREEMENT shall not exceed five (5) years.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. Unless otherwise agreed for a Task Order, CONSULTANT will be compensated for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal, described in Exhibit B entitled “COMPENSATION”. The specified hourly rates shall include all costs, including but not limited to direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by the Town of Paradise’s Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order when presented along with documentation of such costs acceptable to the Town.

C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders by the Contract Administrator.

D. After a project to be performed under this AGREEMENT is identified by the Town of Paradise, the Town of Paradise will prepare a draft Task Order without the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, and project schedule. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total 199
cost; the finalized Task Order shall be signed by both the Town of Paradise and CONSULTANT.

E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal. If applicable, CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. Reimbursement for transportation and subsistence costs shall not exceed State rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.

H. Payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by the Town of Paradise and notification to proceed has been issued by the Town of Paradise’s Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until returned to the Town of Paradise signed by an authorized representative of the Town of Paradise. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by the Town of Paradise.

K. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

L. The total amount payable by the Town of Paradise for an Individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

M. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

N. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT or to exceed the scope of work under this AGREEMENT. j. The total amount payable by the Town of Paradise for all Task Orders resulting from this AGREEMENT shall not exceed $TBD. It is understood and agreed that there is no guarantee, either express or implied that this dollar amount will be 200
authorized under this AGREEMENT through Task Orders. OPTION 1B – If Task Orders will be written and PREVAILING WAGES DO APPLY, use the following paragraphs A, B, C & D. See Exhibit F for prevailing wage requirements.

J. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by the Town of Paradise’s Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) days after the performance of work for which CONSULTANT is billing or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, according to phase, and funding source on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and task order. Credits due to the Town of Paradise that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to the Town of Paradise’s Contract Administrator at the following address:

Marc A. Mattox, Public Works Director/Town Engineer
Town of Paradise
5555 Skyway
Paradise, CA 95969

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by TOWN OF PARADISE with or without cause, provided that TOWN OF PARADISE gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, TOWN OF PARADISE shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. TOWN OF PARADISE may temporarily suspend this AGREEMENT, at no additional cost to TOWN OF PARADISE, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If the TOWN OF PARADISE gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to TOWN OF PARADISE for damages sustained by Town by virtue of any breach of this AGREEMENT by CONSULTANT, and Town may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due Town from CONSULTANT is determined. Notwithstanding, Consultant shall be liable only to the extent of Consultant’s negligent, reckless or willful misconduct. 201
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT for all correctly completed work. Upon termination, TOWN OF PARADISE shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. Such materials may not be withheld until payment is received.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

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

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to TOWN OF PARADISE.

D. When a CONSULTANT or subconsultant is a 501(c)(3) Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, subconsultants, and TOWN OF PARADISE shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. The Town of Paradise, HCD, HUD, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
202
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by the Town of Paradise’s Finance Director.

B. Not later than thirty (30) days after issuance of the final audit report, CONSULTANT may request a review by the Town of Paradise’s Finance Director of unresolved audit issues. The request for review will be submitted in writing.

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

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, TOWN OF PARADISE, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by TOWN OF PARADISE Contract Administrator to conform to the audit or review recommendations.

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

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation.

The Cost Proposal shall be adjusted by the CONSULTANT and approved by the TOWN OF PARADISE Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant 203
issues during the review and is unable to issue a cognizant approval letter, TOWN OF PARADISE will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to TOWN OF PARADISE final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of TOWN OF PARADISE; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO TOWN OF PARADISE no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between TOWN OF PARADISE and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the TOWN OF PARADISE and any subconsultants, and no subconsultant agreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the TOWN OF PARADISE for the acts and omissions of its subconsultants and of persons 204
either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its subconsultants is an independent obligation from the TOWN OF PARADISE's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the TOWN OF PARADISE Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subconsultant agreement entered into as a result of this AGREEMENT, shall make all the provisions stipulated in this entire AGREEMENT applicable to subconsultants unless otherwise agreed by the TOWN OF PARADISE.

D. CONSULTANT shall pay its subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the TOWN OF PARADISE.

E. Any substitution of subconsultants must be approved in writing by the TOWN OF PARADISE Contract Administrator in advance of assigning work to a substitute subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The TOWN OF PARADISE may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the TOWN OF PARADISE, of the contract work, and pay retainage to CONSULTANT based on these acceptances.

No retainage will be withheld by the TOWN OF PARADISE from progress payments due the CONSULTANT. Retainage by the CONSULTANT or subconsultants is prohibited, and no retainage will be held by the CONSULTANT from progress due subconsultants. Any violation of this provision shall subject the violating CONSULTANT 205
or subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code §7108.5. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE CONSULTANT and subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSUTLTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by TOWN OF PARADISE’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by TOWN OF PARADISE’s Contract Administrator, three competitive quotations shall be submitted with the request, or the absence of bidding shall be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, TOWN OF PARADISE shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit TOWN OF PARADISE in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established TOWN OF PARADISE procedures; and credit TOWN OF PARADISE in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by TOWN OF PARADISE and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must 206
be approved in advance by TOWN OF PARADISE. The Parties shall divide the cost of such appraisal equally.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR shall be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at TOWN OF PARADISE construction sites, at TOWN OF PARADISE facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve TOWN OF PARADISE projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or subconsultant in connection with the public work.

Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. 207

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by TOWN OF PARADISE representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of TOWN OF PARADISE, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to TOWN OF PARADISE, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the TOWN OF PARADISE Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT and subconsultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by TOWN OF PARADISE shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform TOWN OF PARADISE of the location of the records enumerated under paragraph (1) above, including the street address, Town and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or subconsultant fails to comply within the ten (10) day period, the CONSULTANT shall, as a penalty to TOWN OF PARADISE, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by TOWN OF PARADISE from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subconsultant to comply with this section.
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E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the TOWN OF PARADISE Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any subconsultant shall forfeit to the TOWN OF PARADISE a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or subconsultant.

4. If a worker employed by a subconsultant on a public works project is not paid the general prevailing per diem wages by the subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the subconsultant to the employees by periodic review of the certified payroll records of the subconsultant.
c. Upon becoming aware of the subconsultant’s failure to pay the specified prevailing rate of wages to the subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, 209
retaining sufficient funds due the subconsultant for work performed on the public works project.
d. Prior to making final payment to the subconsultant for work performed on the public works project, the CONSULTANT shall obtain a declaration signed under penalty of perjury from the subconsultant that the subconsultant had paid the specified general prevailing rate of per diem wages to the subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, TOWN OF PARADISE shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If TOWN OF PARADISE determines that employees of a subconsultant were not paid the general prevailing rate of per diem wages and if TOWN OF PARADISE did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by TOWN OF PARADISE.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the TOWN OF PARADISE, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and onehalf (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the sub agreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him, her, or it shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANT and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the 210
AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with TOWN OF PARADISE that may have an impact upon the outcome of this AGREEMENT or any ensuing TOWN OF PARADISE construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing TOWN OF PARADISE construction project which will follow.

B. CONSULTANT certifies that it has disclosed to the TOWN OF PARADISE any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise TOWN OF PARADISE of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either TOWN OF PARADISE ordinance or State law.

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

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

E. Pursuant to 24 CFR 570.489(h), no member, officer, or employee of the CONSULTANT, or its designee or agents, may obtain a financial interest or benefit from a CDBG-DR assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to CDBG-DR assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure, or for 1 year thereafter.

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

FEDERAL FUNDS FOR LOBBYING
A. The CONSULTANT certifies, to the best of his, her or its knowledge and belief, that:

1. No State, Federal, or TOWN OF PARADISE appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier sub agreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF

COMPLIANCE
A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow 212
harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by TOWN OF PARADISE to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the TOWN OF PARADISE upon reasonable notice at any time during the normal business hours, but in no case less than twentyfour (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or TOWN OF PARADISE shall require to ascertain compliance with this clause.

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

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 213
Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex or national origin. In administering the TOWN OF PARADISE components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to TOWN OF PARADISE.

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

C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FEMA, FHWA, and/or HUD, whichever Department(s) is relevant to the Task Order.

ARTICLE XVIII INSURANCE
Consultant shall provide Insurance as described in Exhibit D entitled “INSURANCE REQUIREMENTS”.
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A. Prior to Agreement execution, CONSULTANT shall furnish the Town of Paradise with a Certificate of Insurance evidencing the insurance types and requirements set forth in Exhibit D.

B. The Town of Paradise will not be responsible for any premiums or assessments on any insurance policy.

C. The required insurance listed in Exhibit D shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year.

D. New Certificates of Insurance are subject to the approval of the Town of Paradise. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, the Town of Paradise may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.

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

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

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

D. TOWN OF PARADISE has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

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

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by TOWN OF PARADISE’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this 215
AGREEMENT without prior written approval by TOWN OF PARADISE’s Contract Administrator.

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

ARTICLE XXII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of TOWN OF PARADISE’s Contract Administrator and the Town Manager, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by TOWN OF PARADISE Town Council of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

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

ARTICLE XXIII INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit TOWN OF PARADISE, the State, and FEMA, FHWA, and HUD if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXIV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by TOWN OF PARADISE Safety Officer and other TOWN OF 216
PARADISE representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, TOWN OF PARADISE has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

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

D. CONSULTANT must have a Division of Occupational Safety and Health (CALOSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

ARTICLE XXV OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of the TOWN OF PARADISE, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, Town shall be entitled to, and CONSULTANT shall deliver to Town, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to Town which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by the TOWN OF PARADISE.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of Town without restriction or limitation upon its use or dissemination by Town.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by the Town for another project or project location shall be at Town’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
217
E. TOWN OF PARADISE may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FEMA, FHWA, and HUD shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVI CLAIMS FILED BY TOWN OF PARADISE’s CONSTRUCTION

CONTRACTOR
A. If claims are filed by TOWN OF PARADISE’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with TOWN OF PARADISE’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that TOWN OF PARADISE considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from TOWN OF PARADISE. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with TOWN OF PARADISE’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to TOWN OF PARADISE’s operations, which are designated confidential by TOWN OF PARADISE and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by TOWN OF PARADISE relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or TOWN OF PARADISE’s actions on the same, except to TOWN OF PARADISE’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by TOWN OF PARADISE, and receipt of TOWN OF PARADISE’S written permission.
218
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than TOWN OF PARADISE, and/or FEMA, FHWA, or HUD. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of Town or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, Town has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, Town’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXVIII CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS The Consultant must take the affirmative steps listed below when subcontracting to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.

A. Affirmative steps must include:

1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists:

2. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
219

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by TOWN OF PARADISE. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT FROM THE TOWN OF PARADISE TO

CONSULTANT
The TOWN OF PARADISE shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the TOWN OF PARADISE fails to pay promptly, the TOWN OF PARADISE shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgement remain unsatisfied. Upon receipt of a payment request, the TOWN OF PARADISE shall act in accordance with both of the following:

1. Each payment request shall be reviewed by the TOWN OF PARADISE as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.

2. Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

ARTICLE XXXII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by personal delivery, five calendar days after deposit in the U.S. Mail (first class postage) or by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:

Consultant
(Name), Project Manager
Address
TOWN OF PARADISE: Town of Paradise
Marc Mattox, Contract Administrator
5555 Skyway
Paradise, CA 95969

ARTICLE XXXIII CONTRACT
220
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named TOWN OF PARADISE, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXIV SIGNATURES
TOWN OF PARADISE ______________________________
A Municipal Corporation Consultant
By:___________________________ By:
________________________________
Town Manager Name:

Title:

Address:

APPROVED AS TO FORM: ATTEST:

By:____________________________ By:___________________________ Scott Huber, Town Attorney Melanie Elvis, Town Clerk

221
TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES
A. SCOPE OF SERVICES

INSERT CONSULTANT SCOPE OF SERVICE
222
TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES
B. COMPENSATION

INSERT CONSULTANT COST PROPOSAL
223
TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES
C. SCHEDULE OF PERFORMANCES

INSERT CONSULTANT SCHEDULE
224

Town of Paradise
Council Agenda Summary
Date: February 10, 2026
Agenda Item: 6(h)
ORIGINATED BY: Colette Curtis, Recovery and Economic Development Director
REVIEWED BY: Michael O’Brien, Interim Town Manager
SUBJECT: Community Development Block Grant Disaster Recovery, Workforce Development Project – Term Program
Coordinator

LONG TERM
RECOVERY PLAN:

Yes
COUNCIL ACTION REQUESTED:

1. Consider and approve the creation and authorization of a Workforce Development Program Coordinator position, limited to the life of the approved grant, to support day-to-day program implementation, partner coordination, outreach, and grant compliance for the Town’s grant-funded workforce development initiatives; and,

2. Adopt Resolution No. 2026-___ “A Resolution of the Town Council of the Town of Paradise Approve Job Classification Descriptions”; and,

3. Adopt Resolution No. 2026-___ “A Resolution of the Town Council of the Town of Paradise Adopting an Amendment to the Salary Pay Plan to Include Workforce Development Program Coordinator for the Town of Paradise Employees for the Fiscal Year 2025/2026.

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

1. Housing

2. Infrastructure

3. Workforce Development

4. Mitigation
Butte County was allocated $18.700,000. To utilize these funds, the Town submitted an application for $17,868,376.00 for a project to construct a workforce training center on the Paradise High School Property and other regional locations which would focus on resilient building and forestry technologies, as well as companion training, and be a resiliency hub for training in the region. The funds would be utilized to pay for the rehab of two existing buildings on the Paradise High School campus, and for the various training programs which would be run by our local training partners with the goal of providing workforce development training and job placement for up to 500 local residents.
225
Analysis:

Following the Town Council’s December 12 consensus to move the project forward with program adaptations, Town staff have continued to actively coordinate with project partners to move program forward. During this period, project budgets have been updated and partner roles have been confirmed. Individual partner meetings are occurring on a weekly basis, with all partners meeting collectively on a monthly schedule that will increase to twice per month in the spring.

Following the January 2026 Town Council meeting project approvals, the related project action items have moved forward with the publication of the Request for Proposals for the Compliance Consultant, and the approved MOU has been provided to all partners for finalization. The Town continues to meet regularly with HCD staff to support the project. The final outstanding item from December 2025 Council direction is to move forward with the creation of a program coordinator to oversee the daily operation of the program.

1. Consider and approve the creation and authorization of a Workforce Development Program Coordinator position, limited to the life of the approved grant, to support day-to-day program implementation, partner coordination, outreach, and grant compliance for the Town’s grant-funded workforce development initiatives.

The Town is seeking Council approval to create and authorize a Workforce Development Program Coordinator position, limited to the duration of the approved grant. This position is essential for managing the day-to-day operations of a complex, multi-million-dollar workforce development program funded through the grant. The program requires coordination with multiple partner agencies, training providers, employers, compliance consultants, and community organizations, as well as ongoing oversight to meet the requirements of the California Department of Housing and Community Development (HCD). Due to the program’s complexity and the regulatory oversight involved, dedicated staff support is critical to ensure that program goals are achieved, timelines are maintained, and all reporting and documentation obligations are met.

The Coordinator will act as the central point of contact for partners, assist with participant support, work with partners on outreach efforts, schedule program activities, and ensure grant compliance.

Creating this position will provide the focused resources needed to deliver the program effectively, strengthen long-term recovery efforts, and ensure that local residents can fully benefit from the educational opportunities provided through the grant.

Financial Impact:

The Town applied for and was awarded $17,868,367.00 for the workforce development center project discussed above.

The requested actions do not result in any impact to the Town’s General Fund or other Town financial resources. All project-related expenditures are funded through grant revenues and are 100 percent reimbursable. The position is grant-funded and will conclude at the end of the grant term, scheduled for Summer 2028.
226

TOWN OF PARADISE
RESOLUTION NO. 2026-__

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE

APPROVING JOB CLASSIFICATION DESCRIPTIONS
WHEREAS, it is prudent for the Town of Paradise to periodically review its job classification descriptions of the positions within the Town of Paradise; and WHEREAS, to improve efficiency of certain Town functions and to appropriately reflect the duties and qualifications of its employee classifications.

NOW, THEREFORE be it resolved by the Town Council of the Town of Paradise as follows:

SECTION 1. Job class descriptions in the attached list are approved. Town staff are directed to revise Town employee Classifications based on the attached list.

PASSED AND ADOPTED by the Town Council of the Town of Paradise this 10th day of February 2026, by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:
________________________________
Steve Crowder, Mayor
ATTEST:
_______________________________
Melanie Elvis, Town Clerk
APPROVED AS TO FORM:

Scott E. Huber, Town Attorney
227
Job Classification Descriptions
Workforce Development Program Coordinator
228
February 2026
FLSA: Non-Exempt

WORKFORCE DEVELOPMENT PROGRAM COORDINATOR

DEFINITION
Under general supervision, coordinates the day-to-day implementation and administration of a Workforce Development Project, providing technical, analytical, and administrative support to ensure program goals, partner needs, and grant requirements are met. Responsibilities include supporting partner agencies in managing participant enrollment and eligibility verification; coordinating scheduling, tasks, and reporting with training providers, employers, and community partners; and assisting with grant management, documentation, and compliance monitoring. The position serves as a primary liaison between the Town and workforce, education, nonprofit, and public agency partners, supports program outreach and community marketing efforts to increase participation, tracks program activities and outcomes, and performs related duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Recovery & Economic Development Project Manager. No direct supervision of staff is expected but some supervision of part-time, temporary assistance, and/or project partners as needed.

CLASS CHARACTERISTICS
Assumes the lead responsibility in the performance of a wide variety of routine and complex technical and specialized work. Incumbents serve to implement workforce development programs by performing technical and administrative work and are expected to function with very little direct oversight.

Successful performance of the work requires the interpretation and application of policies, procedures and regulations and may involve frequent contact with other Town departments, the public, project partners, government officials and community groups, as well as performing various research and monitoring functions.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Coordinate day-to-day implementation of the workforce development program in alignment with grant goals, timelines, and performance metrics
 Support partner agencies in managing participant outreach, enrollment, and eligibility verification  Develops and implements policies, procedures and regulations relating to workforce development programs.
 Serve as primary point of contact for partner organizations regarding tasks, deliverables, and reporting requirements
229
Workforce Development Program Coordinator

 Track participant progress, program outcomes, and workforce placements to meet grant reporting standards
 Support grant management activities, including documentation, compliance monitoring, and performance reporting
 Assist with budget tracking and coordination of eligible expenditures related to program activities  Support community outreach and marketing efforts to promote program participation, with emphasis on underserved and impacted populations
 Coordinate with Town departments and external agencies to align workforce activities with recovery, hazard mitigation, and resilience projects
 Maintain organized project files and data systems to support audits, monitoring, and transparency  Attends meetings, conferences, workshops, and training sessions and reviews publications and audiovisual materials to become and remain current on principles, practices, and new developments in assigned work areas.
 Identify and communicate implementation challenges and recommend solutions to keep the program on track
 Support continuous improvement of program processes to increase efficiency, participation, and outcomes
 Support partner agencies with procurement activities and coordination related to program needs, and assist with identifying and implementing facility improvements necessary to effectively deliver training, services, and program activities.
 Acts as the Town’s representative and liaison on relevant topics, including responding to questions and comments from the public in a courteous and timely manner and collaborating with involved parties to reach resolutions on identified issues.
 Performs other related duties as assigned.

QUALIFICATIONS
Knowledge of:
 Organization and function of public agencies, including the role of an elected Town Council and appointed boards and commissions.
 Applicable codes, regulations, policies, guidelines technical processes and procedures related to state and federal grant programs.
 General knowledge of banking, finance, and construction industries.  Principles and practice of contract negotiation and administration.  Effective organizational skills.
 Business arithmetic and basic statistical techniques.  Basic principles of record keeping.
 Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and Town staff.
 The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
 Modern equipment and communication tools used for business functions and program, project, and task coordination.
 Computers and software programs (e.g., Microsoft software packages) to conduct, compile, and/or generate documentation, including report preparation and presentations.

Ability to:
 Take the lead on administering the Town’s Workforce Development program.  Be self-motivated, willing to make decisions and be detail oriented.  Perform responsible technical support work with accuracy, speed, and minimal supervision. 230
Workforce Development Program Coordinator

 Provide varied, responsible support work requiring the use of independent judgment, tact and discretion.
 Understand the organization and operation of the Town and of outside agencies as necessary to assume assigned responsibilities.
 Develop, interpret, apply, and explain a wide variety of technical policies and procedures, and communicate difficult procedures and regulations to those encountered in the course of work.  Interact effectively with the public and employees by communicating both orally and in writing. Prepare complete and accurate reports.
 Work with HUD, HCD and other agencies to drive programs to completion.  Compile and analyze a variety of materials and work cooperatively with the public in a variety of situations.
 Research, analyze, and summarize data, and prepare and present accurate and reliable reports containing findings and recommendations.
 Organize, maintain, and update office database and records systems.  Quickly learn and use new skills and knowledge due to rapidly changing information and/or technology.
 Develop creative alternatives to problem solving and conflicts.  Make accurate arithmetic, financial and statistical computations.  Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
 Effectively representing the division and the Town in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals.
 Learn and understand the organization and operation of the Town and of outside agencies as necessary to assume assigned responsibilities.
 Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.  Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.
 Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
 Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Minimum of two years in program/project coordination; grant management, public program services, or any equivalent combination of training and experience. An associate’s degree from an accredited college or university with major course work in public administration, business administration, political science, sociology or a closely related degree.

Licenses and Certifications:
 Possession of, or ability to obtain, a valid California Driver’s License by time of appointment and a satisfactory driving record.

PHYSICAL DEMANDS
231
Workforce Development Program Coordinator

Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle, to visit various Town and meeting sites and to inspect various residential sites; vision to read printed materials, a computer screen, and to perform inspections; and hearing and speech to communicate in person, before groups and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required.

Finger dexterity is needed to access, enter and retrieve data using a computer keyboard, typewriter keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects necessary to perform job functions.

ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. 232

TOWN OF PARADISE
RESOLUTION NO. 2026-__

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE, CALIFORNIA,

ADOPTING AN AMMENDMENT TO THE SALARY PAY PLAN TO INCLUDE WORKFORCE DEVELOPMENT PROGRAM COORDINATOR FOR TOWN OF PARADISE EMPLOYEES FOR THE FISCAL YEAR 2025-2026 WHEREAS, the Town wishes to revise the salary pay plan; and WHEREAS, the salary pay plan will incorporate all salary paid within the Town into one salary pay plan.

NOW, THEREFORE be it resolved by the Town Council of the Town of Paradise, that the Town of Paradise salary pay plan attached to this resolution is hereby adopted.

PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 10th day of February 2026, by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:
_________________________________
Steve Crowder, Mayor
ATTEST:
____________________________
Melanie Elvis, Town Clerk
APPROVED AS TO FORM:
_______________________________
Scott E. Huber, Town Attorney
233
Head
Count
Auth
FTE's
Budget
FTE
Hours/
Week
A
Step
B
Step
C
Step
D
Step
E
Step
F
Step

1.00 1.00 1.00 WORKFORCE DEVELOPMENT PROGRAM COORDINATOR - LIMITED TERM HOURLY 40 35.11 36.87 38.71 40.65 42.68 44.81
BIWEEKLY 80 2,808.80 2,949.60 3,096.80 3,252.00 3,414.40 3,584.80 MONTHLY 173 6,085.73 6,390.80 6,709.73 7,046.00 7,397.87 7,767.07 ANNUAL 2,080 73,028.80 76,689.60 80,516.80 84,552.00 88,774.40 93,204.80 Position
Title

TOWN OF PARADISE
SALARY PAY PLAN FY 2025/26
AS OF FEBRUARY 10, 2026
234

Town of Paradise
Council Agenda Summary
February 10, 2026
Agenda Item: 6(i)
ORIGINATED BY: Aimee Beleu, Finance Director/Town Treasurer REVIEWED BY: Michael O’Brien, Interim Town Manager
SUBJECT: Actuarial Valuation of Retiree Health Benefits for Paradise Firefighters Association

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Review and accept the actuarial valuation of changes to the Paradise Firefighters Association retiree health benefits, as agreed in the Transitional MOU between the Town of Paradise and the Paradise Firefighters Association (PFA) approved by Town Council on September 11, 2012; or

2. Refer the matter back to staff for further analysis and development. (ROLL CALL VOTE) Background:

GASB Statement No. 75 (GASB 75) is an accounting standard issued by the Governmental Accounting Standards Board that requires public sector employers to recognize and report the full liability of other post-employment benefits (OPEB) on their financial statements. It replaces the previous standard (GASB 45) and aims to improve transparency and consistency by requiring the net OPEB liability to be reported on the balance sheet, rather than just as a footnote.

In using the most recent GASB 75 report which was presented to Council on May 13, 2025, and updating the data to include a benefit increase to the Paradise Firefighter Association retirees in accordance with the Transitional MOU between the Town of Paradise and the Paradise Firefighters Association (PFA) approved by Town Council on September 11, 2012, consistent with other employee groups under the “Favored Nation Clause” of the Post Retirement Healthcare Coverage section of the agreement, future costs can be actuarially calculated.

The Town of Paradise and its five other employee units recently agreed to an increased medical allocation effective through July 1, 2025, adopting an 80/20 cost-sharing model in which the Town would cover 80% of the monthly premiums for the medical plan.

Analysis:

Cost Analysis of Proposed Change to Medical Benefit Premium Cost Share for Paradise Firefighters Association retirees:

The change in the actuarial valuation of the OPEB obligation is driven by one key factor:

1. A shift from a capped medical contribution plan to an employer contribution of 80% of tiered medical costs.
235
The actuarial analysis projects a $514,174 increase in the accrued OPEB obligation due to the Paradise Firefighters Association changes in employer medical premiums, as determined by the actuarial analysis.

Financial Impact:

The implementation of the increase to Retiree medical in accordance with the Transitional MOU between the Town of Paradise and the Paradise Firefighters Association (PFA) approved by Town Council on September 11, 2012, leads to an actuarial valuation of the Town’s Net OPEB obligation increase of $514,174 for future costs.

The FY25/26 impact to the budget is $35,289.
236
Effect of Benefit Changes on the
Town’s Retiree Healthcare Liability
Town of Paradise
237January 23, 2026
Confidential
Agenda
Proposed Benefit Change
GASB 75
Effect of the Change on the Liability and
Related Measures
Effect of the Change on Future Benefit
Payments
Questions
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Proposed Benefit Change
• The Town pays up to the given amounts each month for those who retire from the Town under CalPERS. In the 2025–2026 year, the subsidies would increase to the proposed subsidy amounts.
• Coverage Current Subsidy Proposed Subsidy
• Employee Only $504.15 $810.96
• Employee + Spouse $1,008.29 $1,621.92
• Family $1,310.79 $2,108.50
• The subsidies will increase with medical trend so that they remain equal to 80% of the Pre-Medicare PERS Gold rates.
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GASB 75
• GASB 75 is a Governmental Accounting Standards
Board statement requiring the measurement of the
liability of retiree health benefits.
• Technically, it is all benefits other than pensions, known as “Other Postemployment Benefits”, or OPEB, and
the liability is called the Total OPEB Liability.
• One way to think of this liability is that it is the amount that you would need to have in a trust fund at the
valuation date to cover all promised health care to all employees and retirees who have met the eligibility
requirements for the health benefits.
• It does not include amounts for employees who are not eligible yet for the benefits.
• It does not include amounts for employees who have
not been hired yet.
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Effect of Change on Liability and Related
Measures on the Fire Unit
5 GASB 75 Results for the Fiscal Year Ending June 30, 2024 Current Benefits Proposed Benefits Change $ Change %
Total OPEB Liability $ 2,230,553 $ 2,744,727 $ 514,174 23.1% Present Value of Future Normal Costs - - - n/a
Total Present Value of Future Benefits $ 2,230,553 $ 2,744,727 $ 514,174 23.1% Total OPEB Liability 2,230,553 2,744,727 514,174 23.1%
Fiduciary Net Position (Assets in Trust) - - - n/a
Net OPEB Liability $ 2,230,553 $ 2,744,727 $ 514,174 23.1% Expense (After one-time charge) $ 82,676 $ 102,677 $ 20,001 24.2% ADC (to be made in 2025–2026) 150,713 185,455 34,742 23.1% 241
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Effect of Change on Future
Benefit Payments
Projection of Benefit Payments
Projected benefit payments for current
participants follow.

Year Current Benefits Proposed Benefits
2026 203,553 210,830
2027 203,109 211,534
2028 193,656 199,195
2029 188,268 198,067
2030 170,805 182,661
2031 161,508 179,934
2032 152,316 176,782
2033 143,217 173,167
2034 134,198 169,042
2035 125,271 164,393
2036 116,451 159,208
2037 107,747 153,471
2038 99,161 147,151
2039 90,691 140,217
2040 82,371 132,689
2041 74,261 124,638
2042 66,434 116,178
2043 58,974 107,459
2044 51,946 98,628
2045 45,411 89,845
2046 39,423 81,281
2047 34,010 73,073
2048 29,165 65,308
2049 24,870 58,040
⇣ ⇣ ⇣
$-
$50,000
$100,000
$150,000
$200,000
$250,000
202620282030203220342036203820402042204420462048
Projected Benefit
Payments
Proposed Benefits
Current Benefits
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Any Questions?
Presenter:

Roger Burton
Email:
[email protected]
Phone:
(415) 801-5987
Website:
truecomp.com
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