Redding City Council
June 20, 2023

Packet Pg. 283 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Exhibit 6

RESIDUAL RECEIPTS PROMISSORY NOTE SECURED BY DEED TRUST DO NOT DESTROY THIS NOTE: When paid, this note, with Deed of Trust securing same, must be surrendered to Trustee for cancellation before reconveyance will be made.

Amount: $337,196
Loan#: ---- _____ ,2021
Redding, California

FOR VALUE RECEIVED, RESOURCES FOR RURAL COMMUNITY DEVELOPMENT, INC. dba ACCESSHOME, a California Nonprofit Public Benefit Corporation, ("Borrower"), promises to pay to the order of the City of Redding ("Holder"), the principal sum of Three Hundred ThirtySeven Thousand One Hundred Ninety-six No/100 Dollars ($337,196) pursuant to Section 4 below.

1. Borrower's Obligation. This promissory note ("Note") evidences Borrower's obligation to pay Holder the principal amount of Three Hundred Thirty-Seven Thousand One Hundred Ninetysix No/100 Dollars ($337,196). for the funds loaned to Borrower by Holder to assist with the development of certain real property ("Project") pursuant to a Development Agreement between Borrower and Holder dated_ July ___ . 2021 ___ ("DA" or "Agreement").

2. Interest. The principal balance of this Note shall bear simple interest from the date of disbursement until repaid in full at zero percent (0%) per annum; provided, however, if an event of default occurs, interest on the principal balance shall begin to accrue, as of the date of the disbursement and continuing until such time as the Loan funds are repaid in full, at the default rate of the lesser of: ten percent (10% ), compounded annually; or the highest rate permitted by law.

3. Term and Repayment Requirements. The term of this Note ("Term") shall commence with the date of this Note and shall expire twenty (20) years from said date, at which time the remaining balance of principal and interest shall be due and payable.

4. Terms of Payment.
a. All principal and interest payments are payable in lawful money of the United States. b. All payments on this note shall be paid to the City of Redding at 777 Cypress Avenue, Redding, California, or to such other place as holder of this note may from time to time designate. c. Payments shall be based upon the availability of Residual Receipts generated by the Project as further identified within the Promissory Note and Section 1.44 and 1 .45 of the DA. Payment in full of the remaining balance of principal and interest, if any, shall be due and payable at the conclusion of the City Loan term.

Annual payments shall be contingent upon the availability of residual receipt funds. Within ninety (90) days after the end of each fiscal year during the term of the Note, Borrower shall provide Holder with a written year-end cash flow analysis and audited financial statement for the Project prepared by a certified public accountant. Any Residual Receipts realized from the operation of the Project, as shown by the annual audit, shall provide City with a written year-end cash flow analysis and audited financial statement for the Project prepared by a certified public accountant. Any such Residual Packet Pg. 284 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend City of Redding Residual Receipts Promissory Note Page 2 of 3 Receipts received by the City shall be credited as a payment on the City Loan and shall be applied first to reducing the accrued interest, if any, on the loan, and subsequently, to reducing the principal.

Residual receipts for purpose of this Note shall have the meaning scribed to it in the DA. d. All payments on this Note shall be without expense to Holder, and Borrower agrees to pay all costs and expenses, including reconveyance fees and reasonable attorney's fees of Holder, incurred in connection with the payment of this Note and the release of any security hereof. e. Notwithstanding any other provision of this Note, or any instrument securing the obligations of Borrower under this Note, if, for any reason whatsoever, the payment of all sums by Borrower pursuant to the terms of this Note would result in the payment of interest which would exceed the amount that Holder may legally charge under the laws of the State of California, then the amount by which payments exceed the lawful interest rate shall automatically be deducted from the principal balance owing on this Note, so that in no event shall Borrower be obligated under the terms of this Note to pay any interest which would exceed the lawful rate.
f. The whole of this Note shall be nonrecourse to Borrower.

5. Default.
a. Any of the following shall constitute an event of default under this Note. 1) Any failure to pay, in full, any payment required under this Note when due. 2) Any failure in the performance by Borrower of any term, condition, provision, or covenant set forth in this Note.
3) The occurrence of any event of default under the DA, the Deed of Trust, or the Declaration of Rent Restrictions, (as defined in the DA). b. Upon the occurrence of such an event of default and the expiration of the applicable cure period, the entire unpaid principal balance, together with all interest thereon, and together with all sums then payable under this Note and the Deed of Trust shall at the option of Holder become immediately due and payable upon written notice by Holder to Borrower without further demand. c. The failure to exercise the remedy set forth in subsection Sb above or any other remedy provided by law upon the occurrence of one or more of the foregoing events of default shall not constitute a wavier of the right to exercise any remedy at any subsequent time in respect to the same or any other default. The acceptance by Holder hereof of any payment which is less that the total of all amounts due and payable at the time of such payment shall not constitute a waiver of the right to exercise any of the foregoing remedies or options at that time or at any subsequent time, or nullify any prior exercise of any such remedy or option, without the express consent of Holder, except as and to the extent otherwise provided by law.

6. No Assumption. This Note shall not be assumable by the successors and assigns of Borrower without the prior written consent of Holder.

7. Security. This Note is secured by a Deed of Trust and Security Agreement ("Deed of Trust"), of even date herewith, wherein Borrower is the Trustor and Holder is the Beneficiary, covering the Property.

8. Waivers.

Packet Pg. 285 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend City of Redding Residual Receipts Promissory Note Page 3 of 3 a. Borrower hereby waives diligence, presentment, protest and demand, and notice of protest, notice of demand, notice of dishonor and notice of nonpayment of this Note. Borrower expressly agrees that this Note or any payment hereunder may be extended from time to time, and that Holder may accept further security or release any security for this Note, all without in any way affecting the liability of Borrower.
b. No extension of time for payment of this Note or any installment hereof made by agreement by Holder with any person now or hereafter liable for payment of this note shall operate to release, discharge, modify, change or affect the original liability of Borrower under this Note, either in whole or in part.
c. The obligations of Borrower under this Note shall be absolute and Borrower waives any and all rights to offset, deduct, or withhold any payments or charges due under this Note for any reason whatsoever.

9. Miscellaneous Provisions.
a. Borrower promises to pay all costs and expenses, including reasonable attorney's fees, incurred by Holder in the enforcement of the provisions of this Note, regardless of whether suit is filed to seek enforcement.
b. This Note may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. c. This Note shall be governed by and construed in accordance with the laws of the State of California.

Borrower:

RESOURCES FOR RURAL COMMUNITY
DEVELOPMENT, INC. dba AccessHome, a California
Nonprofit Public Benefit Corporation
By: _____________ _
Dawn Smith
Executive Director
Packet Pg. 286 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend EXHIBIT 8

SCOPE OF DEVELOPMENT
I. GENERAL
The location of the Project is the leased property as further described and specifically delineated on the Legal Descriptions associated with this Development Agreement ("Agreement"). The Owner/Operator agrees that all work completed on the leased property will be in accordance with the provisions of this Agreement and the plans, drawings and related documents approved by the City and Developer pursuant hereto.

II. DEVELOPMENT
A. Specifically, the Owner/Operator shall develop, construct, operate, manage and maintain a Park Host Housing unit, the Affordable Unit. The Affordable Unit will also include any necessary infrastructure improvements required by the City. This may include underground utilities, water, sewer, cable installation, power installation and any other requirements set forth by the City of Redding Planning, Building, Fire, and Electric Departments and any other local City, County or Public Utility Departments.
i. The Affordable Unit will be pursuant to the Agreement, this Exhibit, Exhibit 8.5 and all conditions set forth in any City permit issued for the Affordable Housing Project that shall consist of a single-family unit for Park Host housing consisting of one (1), two (2) bedroom unit with an office and two (2) bathrooms, 1,200 square feet, constructed with 3D Printing Technology as described in Exhibit 8.5. In addition, the Affordable Unit shall include an open space area, and landscaping sufficient to meet specific City development standards and
B. The Developer shall commence and complete the Improvements by the respective times established therefore in the Schedule of Performance.

III. DEVELOPMENT STANDARDS
The Improvements shall conform to all applicable state laws and regulations and to applicable provisions of the Municipal Code of the City of Redding (the "Municipal Code"); all applicable City of Redding development and zoning code requirements; and any and all permits issued for the Affordable Housing Project.

Packet Pg. 287 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Ground Lease -AccessHome
Exhibit 7

GROUND LEASE
WITH
RESOURCES FOR RURAL COMMUNITY DEVELOPMENT, INC.

DBA ACCESSHOME

PREAMBLE AND RECITALS
Page I
This Lease is entered into by and between the CITY OF REDDING, a municipal corporation and general law city, referred to in this Lease as "City" and RESOURCES FOR RURAL COMMUNITY DEVELOPMENT, INC. DBA ACCESSHOME, a California nonprofit corporation, referred to in this Lease as "Lessee."
A. City owns the of certain real property in the County of Shasta, State of California, depicted on Exhibit A and described on Exhibit Band, which are attached and made a part of this lease (referred to in this Lease as the "Premises"). Said Premises is located at the Enterprise Community Park.

B. Lessee desires to lease the Premises for the purpose of permanently affixing a singlefamily Home and constructing other related improvements ( collectively referred to in this Lease as the "Park Host Home") and as a condition of execution of this Lease, is requiring that certain covenants, restrictions and conditions as detailed in attached hereto as Exhibit D and by this reference incorporated herein, shall be recorded against AccessHome leasehold estate in the Property (the "Leasehold Estate") to impose occupancy and use restrictions on the Property for a period of not less than twenty (20) years from the Effective Date; and
C. Lessee desires to lease the Property and secure a leasehold interest in the real property on which it intends to construct the Project; and
D. City desires that the Park Host Home be made available to and occupied by low-income households.

E. City desires that AccessHome or the occupants of the Park Host Home provide duties as identified in this Lease and any Park Host Agreement.

AGREEMENT
ARTICLE 1. LEASE OF PREMISES AND TERM OF LEASE

1.01. Agreement to Lease. For and in consideration of the covenants to be performed by Lessee under this Lease, City hereby agrees to lease the Premises to Lessee, and Lessee agrees to lease the Premises from City, on the terms and conditions set forth in this Lease. Except as expressly otherwise provided in this Lease, the "Premises" includes the real property plus any appurtenances and easements described in Exhibits A and B of this Lease, exclusive of any improvements now or hereafter located on the Premises, notwithstanding that any such improvements may or shall be construed as affixed to and as constituting part of the described Premises, and without regard to whether ownership of the improvements is in the City or in the Lessee.

Packet Pg. 288 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Ground Lease -AccessHome Page 2

1.02. Term of Lease. The initial term of this Lease shall be for a period of twenty (20) years commencing on the date the Certificate of Occupancy is issued, with an option to extend upon written agreement between both parties.

ARTICLE 2. LEASE FEE

2.01. Lease Fee. In lieu of paying a lease fee, Lessee agrees as follows:

A. AccessHome agrees to develop improvements consisting of one ( 1) three-bedroom, singlefamily unit on the Premises. AccessHome shall make the unit available to, restrict occupancy to, and rent to households earning not greater than eighty percent (80%) of the City of Redding's median income adjusted for household size, as determined by the United States Department of Housing and Urban Development (HUD) from time to time, as set forth in Health and Safety Code Section 50093 at an affordable rent, including a reasonable utility allowance not to exceed thirty percent (30%) of eighty percent (80%) of the applicable median income adjusted for family size appropriate to the City of Redding, as determined by HUD. The unit shall remain available to and occupied by low- or moderateincome households at an affordable rent for a period commencing upon the date of recording of the Certificate of Occupancy and continuing for twenty (20) years.

B. AccessHome agrees to provide a minimum of 500 hours per year of volunteer on-site light caretaking duties as outlined in the Enterprise Community Park Host Agreement (Exhibit C).

AccessHome shall execute Exhibit C as a condition precedent to this Ground Lease.

ARTICLE 3. LEFT BLANK INTENTIONALLY
ARTICLE 4. USE OF PREMISES

4.01. Use of Premises.

A. Lessee shall use the Premises for the sole purpose of permanently affixing, maintaining and utilizing a three-bedroom; single-family, energy-efficient Home which will serve as the on-site Park Host Home for the Enterprise Community Park. Lessee shall have the right to sublet the Premises to income-eligible households. All subleases for this purpose shall be in writing and shall be reviewed by the City prior to occupancy of the Park Host Home.

B. The Park Host Home will also serve as a demonstration of use of energy-efficient building materials and technology in residential construction. The City shall have the right to post signage on the Premises regarding the building materials and technology utilized in developing the Park Host Home.

Lessee shall not change the use of the Premises without first obtaining the written consent of the City.

Packet Pg. 289 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Ground Lease -AccessHome Page 3

4.02. Compliance With Laws. Lessee shall, at Lessee's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal, including those requiring capital improvements to the Premises or Park Host Home, relating to any use and occupancy of the Premises (and specifically not limited to any particular use or occupancy by Lessee), whether those statutes, ordinances, regulations, and requirements are now in force or are subsequently enacted. If any license, permit, or other governmental authorization is required for the lawful use or occupancy of the Premises or any portion of the Premises, the Lessee shall procure and maintain it throughout the term of this Lease. The judgment of any court of competent jurisdiction, or the admission by Lessee in a proceeding brought against Lessee by any government entity, that Lessee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Lessee and shall constitute grounds for termination of this Lease by City.

4.03. No Relocation Assistance. Lessee acknowledges and agrees for itself and for all occupants of the Park Host Home that Lessee and Lessee's tenants sublessees, successors, or assigns are not and shall not be eligible for relocation benefits pursuant to the California Uniform Relocation Act (Government Code section 7260, et seq.) in connection with the displacement of Lessee or Lessee's tenants due to expiration, termination or cancellation of this Agreement or any subsequent rental agreement between Lessee and its tenants. All rental agreements relative to the Park Host Home shall include the following clause:
"I/we understand that the I/we will not qualify as a "displaced person" under any federal of state law, and that I/we therefore will not be eligible for any relocation benefits for persons displaced by governmental activities."

4.04. Prohibited Uses. Lessee shall not use or permit the Premises or any portion of the Premises to be improved, developed, used, or occupied in any manner or for any purpose that is in any way in violation of any valid law, ordinance, or regulation of any federal, state, county, or local governmental agency, body, or entity. Furthermore, Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance as now or hereafter defined by any statutory or decisional law applicable to the Premises or any part of the Premises.

4.05. Conditions and Restrictions. Lessee and any and all occupants of the Park Host Home shall comply with the Community Park Host Agreement (Exhibit C) and the Enterprise Community Park Host Horne Conditions and Restrictions (Exhibit D).

4.06. Hazardous Substances or Materials.

A. Hazardous substances or materials include, but are not limited to:

1. Substances which are flammable, explosive, corrosive, radioactive, toxic;

2. Any material or substances defined as hazardous substances, hazardous materials, toxic substances, or hazardous wastes in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Sections 9601, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901, et seq.), the Hazardous Waste Control Act (California Health & Safety Code Sections 25100, et seq.) the Hazardous Substance Account Act (California Health & Safety Code Sections 25300, et seq.), California Health and Safety Code Section 25280, et seq., Hazardous Materials Release Response Plans and Inventory or the California Porter-Cologne Water Quality Control Act, (Water Code Packet Pg. 290 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Ground Lease -AccessHome Page 4
Sections
13000, et seq.), and all amendments to these laws and regulations adopted or publications promulgated pursuant to these laws;

3. Those asbestos-containing materials defined and described in Environmental Protection Agency Report No. 56/5-85-024 (June 1985) whether or not friable, or any related or successor report, or other applicable government regulations defined or describing such materials;

4. Pesticides as defined by Section 136(u) of FIFRA (7 U.S.C. Section 136) as may be present in soil or groundwater;

5. "Hazardous wastes" as defined in Section 25117 of the California Health and Safety Code, or as a chemical that is known to the State of California "to cause cancer or reproductive toxicity" under the Safe Drinking Water and Toxic Enforcement Action of 1986, California Health and Safety Code Sections 25249.5, et seq.; and

6. Hazardous materials, substances or waste, or toxic materials, substances or waste as those terms or similar terms are defined by any other federal, state or local law or regulation or orders.

B. Lessee agrees to indemnify, protect, hold harmless, and defend City, its elected officials, officers, employees, agents and volunteers from and against any and all liability, including without limitation, (1) all foreseeable and unforeseeable consequential damages, directly or indirectly arising from the use generation, storage, or disposal of hazardous materials by Lessee, and (2) the cost of any required or necessary repair, cleanup or detoxification and the preparation of any closure or other required plans, to the full extent that such liability is attributable, directly or indirectly, to the presence of use, generation, storage, release, threatened release, or disposal of hazardous materials by Lessee, its officers, employees, agents and/or invitees on the Premises after the beginning of the term of this Agreement.

C. Lessee releases City from any and all claims Lessee may have against City of whatever kind or nature resulting from or in any way connected with the environmental condition of the Premises, including any and all claims Lessee may have against City under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), or any other federal, state, or local law, whether statutory or common law, ordinance, or regulation pertaining to the release of hazardous materials into the environmental from or at the Premises. Lessee expressly waives the benefits of Civil Code Section 1542, which provides as follows:

A general release does not extend to claims which the creditor does not know or expect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

D. Lessee's obligations under this Section shall survive termination or expiration of this Agreement.

ARTICLE 5. TAXES AND UTILITIES

5.01. Taxes. Lessee is advised that, pursuant to Revenue and Taxation Code§ 107.6, a possessory interest subject to taxation may be created by the grant of this lease and that Lessee may be subject to the payment of property taxes levied upon the interest. Lessee shall promptly pay before delinquency any taxes and/or special assessments assessed against the Premises and any improvements and/or Lessee's Packet Pg. 291 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Ground Lease -AccessHome Page 5
personal property, and any possessory interest tax levied by reason of its use and/or occupancy of the Premises. On demand from the City, Lessee shall furnish the City with satisfactory evidence of these payments.

5.02. Proration of First and Last Year Taxes. Notwithstanding the provisions of Section 5.01 of this Lease, all taxes, assessments, or other charges levied or assessed during the tax years in which the term of this Lease commences and ends for which City is liable shall be prorated between City and Lessee as of 12:01 a.m. on the date the term commences and on the date the term ends, respectively, on the bases of tax years that commence on July I and end on June 30 of each year.

5.03. Utilities. Lessee shall pay or cause to be paid, prior to delinquency any and all utilities furnished to the Premises, including without limitation gas, water, electricity, telephone service, and other public utilities to the Premises during the term of this Lease and for the removal of garbage and rubbish from the Premises during the term of this Lease. Lessee shall hold the City free and harmless from all charges for the furnishing of utilities to the Premises.

5.04. Payment by Lessor. Should Lessee fail to pay any taxes, assessments, or other charges required by this Article to be paid by Lessee, City may, without notice to or demand on Lessee, pay, discharge, or adjust that tax, assessment, or other charge for the benefit of Lessee. In that event, Lessee shall promptly on written demand of City reimburse Lessor for the full amount paid by City in paying, discharging, or adjusting that tax, assessment, or other charge together with interest thereon at the then-maximum legal rate from the date of payment by City until the date of repayment by Lessee. If this Article does not specify the time within which Lessee must pay any charge required by this Article, Lessee shall pay that charge before it becomes delinquent.

ARTICLE 6. CONSTRUCTION BY LESSEE

6.01. Duty to Construct. Lessee shall, at Lessee's sole cost and expense, permanently affix on the Premises, a three-bedroom, single-family Home and covered parking, landscaping, and other related improvements (the "Park Host Home"), in the manner and according to the terms and conditions specified in this Article, and the Development Agreement executed on ____ _, and pursuant to the terms and conditions set forth by the City of Redding Development Services Department. The duty to construct for the Park Host Home and any other improvements includes the duty for site preparation, including the removal, if necessary, of any buildings or other structures located on the Premises, the installation or relocation of any utilities and the obtaining of any and all necessary permits, including building and planning permits.

6.02. Requirement of City's Written Approval.

A. Nothing contained in this Article 6 is intended to address the requirements or timing of the City of Redding Development Services Department. The City's approval pursuant to this Section is not intended to be, nor shall it be deemed to be, approval for purposes of receiving a building or use permit.

B. No structure or other improvement of any kind shall be constructed on the Premises unless and until the plans, specifications, and proposed location of that structure or improvement have been approved in writing by the City. The submission of plans for the City's approval is for review of preliminary site layout plans and building elevations and is not intended to be nor shall it be deemed a submission for purposes of receiving a building or use permit. Furthermore, no structure or other Packet Pg. 292 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Ground Lease -AccessHome Page 6
improvements shall be constructed on the Premises that do not comply with plans, specifications, and locations approved in writing by City.

6.03. All Work Under Direction and Supervision of Licensed Contractor. All work required in the construction of the Park Host Home and other improvements, including site preparation work, landscaping work, and utility installation work, as well as actual construction work on the Home and other improvements, shall be performed under the direction and supervision of a competent contractor(s) licensed and in good standing under the laws of the State of California. Such contractor(s) may be an employee of Lessee and shall have a current class B General Contractor's license issued by the State of California.

A. Lessee shall record that Certificate of Completion promptly within the time specified by law for the recording of that notice; and
B. Lessee shall settle and discharge all liens ofrecord claimed by persons who supplied either labor or materials for the construction of the Park Host Home and other improvements.

6.04. Compliance With Law and Standards. The Park Host Home shall be permanently affixed and other improvements shall be constructed, all work on the Premises shall be performed, and all buildings or other improvements on the Premises shall be erected in accordance with all valid laws, ordinances, regulations, and orders of all federal, state, county, or local governmental agencies or entities having jurisdiction over the Premises; provided, however, that any structure or other improvement erected on the Premises, including the Park Host Home, shall be deemed to have been constructed in full compliance with all such valid laws, ordinances, regulations, and orders when a valid final Certificate of Occupancy entitling Lessee and sublessees, is so authorized, of Lessee to occupy and use the structure or other improvement has been duly issued by proper governmental agencies or entities. All work performed pursuant to this Lease, or authorized by this Lease, shall be done in a good workmanlike manner and only with materials of good quality and high standard and in accordance with the final plans agreed to with the Project Manager specified within the Development Agreement.

6.05. Time for Completion. Lessee shall begin substantial construction of the Park Host Home, pursuant to acquisition of a valid building permit, within six (6) months of the effective date of this Lease. Lessee shall cause construction of the Home and other improvements to thereafter be diligently pursued without unnecessary interruption, and shall cause the Home and other improvements to be completed and ready for occupancy not later than one hundred eighty (180) days after commencement of its construction. Lessee shall be excused for any delays in construction or commencement of construction caused by the act of the act of any public enemy, acts of God, the elements, war, war defense conditions, litigation, strikes, walkouts, or other causes beyond Lessee's control. Lessee shall, however, use reasonable diligence to avoid any such delay and to resume construction as promptly as possible after the delay.

6.06. Mechanics' Liens.

A. At all times during the term of this Lease, Lessee shall keep the Premises and all improvements now or hereafter located on the Premises free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to the Premises.

B. Should Lessee fail to pay and discharge or cause the Premises to be released from any such lien or claim of lien within twenty (20) days after service on Lessee of written request from City to do so, Packet Pg. 293 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Ground Lease -AccessHome Page 7
City may pay, adjust, compromise, and discharge any such lien or claim of lien on any terms and in any manner that City may deem appropriate unless Lessee is in good faith contesting, opposing or objecting to such lien or claim of lien in compliance with subsection (C) below. In the event Lessee so fails to pay and discharge or cause the Premises to be released from any such lien or claim of lien, Lessee shall, on or before the first day of the next calendar month following any such payment by City, reimburse City for the full amount paid by City in paying, adjusting, compromising, and discharging that lien or claim of lien, including any attorneys' fees or other costs expended by City, and late fees and penalty charges, as appropriate, as shown in City's then current Schedule of Fees, together with interest at the then-maximum legal rate from the date of payment by City to the date of repayment by Lessee.

C. Lessee shall have the right to contest, oppose or object in good faith to the amount or the validity of any liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to the Premises, provided that written notice of the contest, opposition or objection must be given to City at least five (5) days prior to Lessee making or filing the contest, opposition or objection.

Lessee shall be responsible for and shall pay all costs and expenses in any contest or legal proceeding instituted by Lessee. In no event shall City be subjected to any liability for costs or expenses connected to any contest, and Lessee agrees to indemnify and hold City harmless from any such costs and expenses.

Furthermore, no such contest, opposition, or objection shall be continued or maintained unless Lessee has provided to City such further written assurances as City may require within ten (10) days of City's written request.

6.07. Zoning and Use. Should it become necessary or appropriate to obtain any building permit, use permit, variance, rezoning or administrative permit for the Premises in order to construct or operate the Park Host Horne or any other improvements, City agrees to execute any documents, petitions and applications that may be necessary or appropriate; provided, however, that any such permits, variances, or rezoning shall be obtained only if consistent with state and local law and at the sole cost and expense of Lessee and Lessee agrees to defend and indemnify City and the property of City, including the Premises, from any such cost and expense.

6.08. No Modification Once Completed. Once the Park Host Horne and other improvement are completed, Lessee shall not modify or change in any material manner the improvements or Park Host Horne without the prior written consent of City or without securing all appropriate and required permits.

Upon receiving such consent, Lessee shall proceed as set forth in this Article.

6.09. Ownership of Improvements.

A. Title to all improvements, including the Park Host Horne, to be placed or constructed on the Premises by Lessee shall be owned by Lessee until expiration of twenty (20) years from the commencement date of this Lease or earlier termination of this Lease. Lessee shall surrender the improvements to City at the expiration of the term or earlier termination of this Lease, free and clear of all liens and encumbrances, other than those, if any, permitted under this Lease or otherwise created or consented to by City. Lessee agrees to execute, acknowledge, and deliver to City any instrument requested by City as necessary in City's opinion to perfect City's right, title, and interest to the improvements and the Premises. All improvements, including the Park Host Horne, on the Premises at the expiration of the term or earlier termination of this Lease shall and without compensation to Lessee, become the City's property.

B. Lessee shall have the right to remove such personal property as may be removed without Packet Pg. 294 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Ground Lease -AccessHome Page 8
threat to the structural integrity of any building or improvement. If damage results from the removal of any such items, Lessee shall repair such damage at its sole expense.

ARTICLE 7. REPAIRS AND RESTORATION

7.01. Maintenance by Lessee.

A. At all times during the term of this Lease, Lessee shall, at Lessee's own cost and expense, keep and maintain the Premises, all improvements, and all appurtenances now or hereafter on the Premises, in good order and repair, and in a safe and clean condition. Lessee shall do, or cause to be done without delay, all those things which, in the opinion of the City, are necessary or desirable in the interests of safety or to maintain the Premises and the Park Host Home in good repair and appearance.

All damage caused to the Premises and/or the Enterprise Community Park by Lessee, its officers, employees, agents and invitees, shall be repaired at Lessee's sole expense.

B. Lessee shall not make or cause to be made any alterations or improvements to the Premises without first securing the written consent of the City. The City may impose restrictions upon any proposed alterations or improvements. All such alterations or improvements shall comply with all applicable building, zoning and fire codes. Upon the termination of this Agreement, the alterations or improvements shall become the property of the City and shall remain on the Premises.

C. In the event of damage or destruction of all or a portion of the Project rendering the Project unusable, in whole or in part, AccessHome shall repair such damage or destruction with due diligence, but only to the extent of the proceeds of the insurance coverage required by this Lease.

D. Lessee shall establish, fund and maintain reserve accounts for the term of this Agreement as listed below. All such accounts shall be in the name of the Lessee, earn interest, and, unless otherwise approved in writing by the Community Services Department, insured by an agency of the federal government or other comparable federal insurance program. All interest earned on a reserve account shall become a part of the account. Withdrawals from the reserve accounts shall require prior written approval of the Community Services Department. Should the Department fail to take action on a request for a withdrawal from a reserve account within thirty (30) days of documented receipt of the request, that request will be deemed approved.

Commencing no later than the date funds are disbursed pursuant to the Loan Documents, Lessee shall establish a segregated replacement reserve account. Lessee shall make annual deposits from Operating Income to the replacement reserve account in the projected percentage amounts as set forth unless the City determines, in its sole discretion, that more frequent deposits are required. Lessee shall also deposit any Development funds designated for replacement reserves into this account. The amount of the minimum annual deposit may be adjusted, as determined by the Community Services Department, in its sole discretion, based on the results of reserve studies, performed by an independent third party at the Lessee's expense as requested by the Department or as based on other reliable indicators of the need for reserve funds over time.

7.02. Requirements of Governmental Agencies. At all times during the term of this Lease, Lessee, at Lessee's own cost and expense, shall:

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A. Make all alterations, additions, or repairs to the Premises or the improvements on the Premises required by any valid law, ordinance, statute, order, or regulation now or hereafter made or issued by any federal, state, county, local, or other governmental agency or entity; B. Observe and comply with all valid laws, ordinances, statutes, orders, and regulations now or hereafter made or issued respecting the Premises or the improvements on the Premises by any federal, state, county, local, or other governmental agency or entity; C. Except where Lessee is required by the Development Agreement, incorporated herein by this reference, to defend, hold harmless and indemnify City and Agency, contest if Lessee, in Lessee's sole discretion, desires by appropriate legal proceedings brought in good faith and diligently prosecuted in the name of Lessee, or in the names of Lessee and City when appropriate or required, and when authorized in writing by City's City Council, the validity or applicability to the Premises of any law, ordinance, statute, order, or regulation now or hereafter made or issued by any federal, state, county, local, or other governmental agency or entity; provided, however, that any such contest or proceeding, though maintained in the names of Lessee and City, shall be without cost to City, and Lessee shall protect the Premises and City from Lessee's failure to observe or comply during the contest with the contested law, ordinance, statute, order, or regulation;
D. Indemnify and hold City and the property of City, including the Premises, free and harmless from any and all liability, loss, damages, fines, penalties, claims, and actions resulting from Lessee's failure to comply with and perform the requirements of this Section.

7.03. Lessee's Duty to Restore Premises. If at any time during the Term of this Lease, any improvements now or hereafter on the Premises are destroyed in whole or in part by fire, theft, the elements, or any other cause not the fault of City, this Lease shall continue in full force and effect and Lessee, at Lessee's own cost and expense, shall repair and restore the damaged improvement(s). Any restoration by Lessee shall comply with original plans for the improvements described in Article 6 except as may be modified by Lessee to comply with the terms of any sublease of the improvements, or except as may be otherwise modified by Lessee and approved in writing by City. The work of repair and restoration shall be commenced by Lessee within thirty (30) days after the damage or destruction occurs and shall be completed with due diligence not later than one hundred eighty (180) days after the work is commenced. In all other respects, the work of repair and restoration shall be done in accordance with the requirements for original construction work on the Premises set forth in Article 6 of this Lease. Lessee's obligation for restoration described in this Section shall exist whether or not funds are available from insurance proceeds.

7.04. Option to Terminate Lease for Destruction. Notwithstanding Section 7.03 of this Lease, Lessee shall have the right to terminate this Lease if, during the last five (5) years of the Term of this Lease, the improvements are damaged or destroyed by a casualty for which Lessee is not required under this Lease to carry insurance and the cost to repair or restore the damaged or destroyed improvements exceeds fifty percent ( 50%) of the fair market value of the improvements immediately prior to the damage or destruction.

7.05. Application of Insurance Proceeds. Any and all fire or other insurance proceeds that become payable at any time during the term of this Lease because of damage to or destruction of any improvements on the Premises shall be paid to Lessee and applied by Lessee toward the cost of repairing and restoring the damaged or destroyed improvements in the manner required by Section 7.03 of this Lease, or, if this Lease is terminated pursuant to Section 7.04, paid by Lessee to City less a deduction for Packet Pg. 296 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Ground Lease -AccessHome Page JO
any remaining un-amortized value Lessee has in the improvements. For purposes of this Section, Lessee's "remaining un-amortized value" shall be the full replacement value insurance proceeds required by Article 9 multiplied by a factor the numerator of which is the remaining life of the Initial Term of this Lease and the denominator of which is the Initial Term of this Lease.

ARTICLE 8. INDEMNITY

8.01. Indemnity. Lessee shall indemnify and defend the City, its officers, officials, employees, agents and volunteers, against and hold them harmless from any and all claims, losses, damages, civil penalties, and liability for damages, including attorneys' fees and other costs of defense incurred by the City, whether for violations of state or federal law committed by Lessee damage to or loss of property or injury to or death of person(s), including properties of the City and injury to or death of the City's officers, officials, employees, agents and volunteers, arising out of or resulting from Lessee's possession or use of the Premises or activities hereunder or from the actions of Lessee's officers, employees, agents and invitees, unless such damage, loss, injury or death is caused by the sole negligence or willful misconduct of the City.

ARTICLE 9. INSURANCE

9.01. Insurance Requirements for Lessees. Lessee shall procure and maintain from an insurance company authorized to do business in the State of California, for the duration of the Agreement, insurance for claims for injuries to persons or damages to property which may arise from or in connection with the Lessee's operation and or use of the leased premises by the Lessee, it's members, agents, representatives, employees, contractors, subcontractors, and invitees. The cost of such insurance shall be borne by the Lessee. Coverage shall be at least as broad as:

Coverage
Commercial General Liability
Comprehensive Vehicle Liability
Workers Compensation and Employee Liability
Builder's Risk/Course of Construction
Hazard/ All Risks
Required
X
X
X
X
X
Not Required
(A) Minimum Scope and Limits of Insurance: Coverage shall be at least as broad as:
1) Insurance Services Office form number CG-0001, Commercial General Liability Insurance, in an amount not less than $1,000,000 per occurrence $2,000,000 general aggregate for bodily injury, personal injury and property damage;
2) Insurance Services Office form number CA-0001, Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned/non-owned and hired vehicles; 3) Statutory Workers Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence. Both the Workers Compensation and Employers' Liability policy shall contain the insurer's waiver of subrogation in favor of the City and Agency, their respective elected officials, officers, agents, employees Packet Pg. 297 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Ground Lease -AccessHome Page 11
and volunteers;
4) Course of Construction/Builder's Risk Insurance: Developer shall provide proof of Course of Construction/Builder's Risk Insurance providing coverage for "all risks" of loss during the construction phase of the Project in the amount of the combined total of the City Assistance and Agency Assistance as stated in Sections 2.2 and 2.3 of this Agreement. 5) Hazard Insurance: Following completion of construction, Developer shall keep the improvements now existing or hereafter erected on the Site insured for full replacement value against loss by fire, hazards included within the term "extended coverage," and such other hazards as the City and/or Agency may require and in such amounts for the full remaining term of the Agreement. (B) Other Insurance Provisions: The policies are to contain or be endorsed to contain the following provisions:
1) For General Liability and Automobile Liability coverages:
a) The City and the Agency, their respective elected officials, officers, employees, agents, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of Developer; premises owned, leased, or used by Developer, or automobiles owned, leased, hired, or borrowed by Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City and the Agency, their respective elected officials, officers, employees, agents, or volunteers. b) The insurance coverage of Developer shall be primary insurance as respects the City and Agency, their respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and/or the Agency, their respective elected officials, officers, employees, agents, or volunteers shall be in excess of Developer's insurance and shall not contribute with it.
2) Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days prior written notice has been given to the entity.
(C) Acceptability of Insurers: Insurance is to be placed with insurers with a Bests' rating of no less than A-VII. This requirement may, however, be waived in individual cases provided, however, in no event will a carrier with a rating below B:IX will be acceptable. (D) Verification of Coverage: Developer shall furnish the City's Risk Manager with certificates of insurance and with original endorsements affecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. The City and Agency may withhold payments to Developer if certificates of insurance and endorsements required have not been provided. The City's Risk Manager reserves the right to require complete certified copies of all required insurance policies. (E) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City's Risk Manager.

A. General Liability, for bodily injury, personal injury and property damages, covering no less than all operations of the Lessee, including, but not limited to, premises-operations, products and Packet Pg. 298 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Ground Lease -AccessHome Page 12
completed operations, contractual liability, independent contractors, broad form property damage (including completed operations), explosion, collapse and underground hazards (if applicable), and fueling, defueling and refueling operations.

B. Automobile Liability, combined single limits per accident, applicable to all owned, nonowned, and hired vehicles utilized on the leased premises or the airport apron.

C. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance. The workers' compensation insurance policy shall contain a waiver of subrogation in favor of the City, its officers, officials, agents, employees, and volunteers.

D. Property Insurance against all risks of loss to any owned structures or facilities, including any tenant improvements, betterments, and contents at full replacement value. The property insurance policy shall contain a waiver of subrogation in favor of City, its officers, officials, agents, employees and volunteers.

9.07. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.

Best's rating of no less than A-:VII.

9.08. Verification of Coverage. Lessee shall furnish the City with certificates of insurance and original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.

9.09. Review of Insurance Coverage. All insurance requirements identified in this Agreement shall be re-evaluated every five (5) years for appropriate coverage. After each evaluation, Lessee is obligated to provide such insurance coverage and minimum limits as required by the City.

ARTICLE 10. RIGHT TO INSPECT

10.01. Right to Inspect.

A. City and its authorized officers, agents, employees, volunteers, contractors, subcontractors and other representatives shall have the right to inspect the Premises for any purpose, including, but not limited to the following purposes:

1. To inspect the Premises at reasonable intervals during regular business hours ( or at any time in case of emergency) to determine whether Lessee has complied with or is complying with the terms and conditions of this Lease; 2.To make repairs, additions or alterations as may be necessary or convenient for the conduct, safety, improvement or preservation of the Enterprise Community Park;

3. For emergency purposes;

4. In the exercise of City's police power; and

5. To inspect the Premises, on an annual basis, to determine whether the Premises comply with the Uniform Fire Code. Lessee agrees to annually schedule an inspection with City of Redding's Fire Department personnel and to provide access to the Premises during the inspection period specified by the Fire Department. Furthermore, The Housing Division, through its duly authorized Packet Pg. 299 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Ground Lease -AccessHome Page 13
agents, shall have, at any time, with reasonable note to AccessHome and without interfering with tenants, the right to enter the Property for the purpose of inspecting, monitoring and evaluating the obligations of Lessee hereunder and for the purpose of doing any and all things with it is obligated and has a right to do under this Lease.

B. No entry by or on behalf of City within or upon the Premises shall cause or constitute a termination of the Lease, or be deemed to constitute an interference with Lessee's possession thereof.

ARTICLE 11. SUBLET OR ASSIGNMENT

11.01. Subleasing and Assignment. Lessee shall not voluntarily assign, encumber or sublet its interest in this Lease or in the Premises, or allow any other person or entity ( except its authorized representatives and tenants as authorized pursuant to Section 4 of this Agreement) to occupy or use all or any part of the Premises, without first obtaining the City's prior written consent. Any assignment or encumbrance without the City's consent shall be voidable and, at the sole election of the City, shall constitute a default of this Lease. No consent to any assignment or encumbrance shall constitute a further waiver of the provisions of this paragraph.

ARTICLE 12. INVOLUNTARY ASSIGNMENT

12.01. Involuntary Assignment. No interest of Lessee in this Agreement shall be assignable by operation of law.

A. Each of the following acts shall be considered an involuntary assignment:

1. If Lessee is or becomes bankrupt (whether voluntary or involuntary) or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Lessee is the bankrupt; or, if Lessee is a partnership or consists of more than one person or entity, if any partner of the partnership, or other person or entity, is or becomes bankrupt (whether voluntary or involuntary) or insolvent, or makes an assignment for the benefit of creditors;

2. If a writ of attachment or execution is levied on this Agreement;

3. If, in any proceeding or action to which Lessee is a party, a receiver is appointed with authority to take possession of the Premises; or

4. The abandonment or discontinuance of occupancy of the Home by Lessee, or the failure to conduct any service, operation or activity permitted by this Agreement. If this condition exists for a period of fifteen (15) days without the prior written consent of the City, it will constitute an abandonment of the land, facility or location, and this Agreement shall become null and void.

B. An involuntary assignment shall constitute a default by Lessee, and the City shall have the right to elect to terminate this Agreement. In no event shall this Agreement be deemed or treated as an asset of Lessee.

ARTICLE 13. DEFAULT AND REMEDIES
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13.01. Lessee's Default.

A. The occurrence of any of the following shall constitute a material breach or default by Lessee under this Lease:

1. Lessee's failure to provide light caretaking for the Enterprise Community Park as required under this Lease if the failure continues for thirty (30) days after written notice of the failure from City to Lessee;

2. Lessee's failure to provide any instrument or assurance as required by this Lease if the failure continues for ten (10) days after written notice of the failure from City to Lessee;

3. Lessee's failure to perform any other obligation under this Lease if the failure continues for thirty (30) days after written notice of the failure from City to Lessee, except in those instances where the cure would require more than thirty (30) days and Lessee is diligently seeking to cure the default, then the time shall be a reasonable period of time for the given circumstances;

4. To the extent permitted by law:
a. A general assignment by Lessee or any guarantor of the Lease for the benefit of creditors;
b. The filing by or against Lessee, or any guarantor, of any proceeding under an insolvency or bankruptcy law, unless (in the case of an involuntary proceeding) the proceeding is dismissed within sixty (60) days;
c. The appointment of a trustee or receiver to take possession of all or substantially all the assets of Lessee or any guarantor, unless possession is unconditionally restored to Lessee or that guarantor within thirty (30) days and the trusteeship or receivership is dissolved; d. Any execution or other judicially authorized seizure of all or substantially all the assets of Lessee located on the Premises, or of Lessee's interest in this Lease, unless that seizure is discharged within thirty (30) days; ore. The committing of waste on the Premises if such waste continues or is allowed to remain for thirty (30) days after written notice of the waste from City to Lessee, except in those instances where the cure would require more than thirty (30) days and Lessee is diligently seeking to cure the default, then the time shall be a reasonable period of time for the given circumstances.

13.02. City's Remedies on Lessee's Default. On the occurrence of a default by Lessee, City shall have the right to pursue any one or more of the remedies set forth in Sections 13.03 and 13.04 in addition to any other remedies now or later available to City at law or in equity. These remedies are not exclusive but cumulative.

13.03. Termination of Lease. Upon the occurrence of a default that is not timely cured by Lessee, City may immediately terminate this Lease and recover possession of the Premises. Once City has terminated this Lease, Lessee shall immediately surrender the Premises to City. In addition to any other remedy available to City, as set out in Section 6.12, title to all the improvements on the Premises shall vest in City at the expiration of twenty (20) years from the commencement date of this Lease or earlier Packet Pg. 301 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Ground Lease -AccessHome Page 15
termination of this Lease. On termination of this Lease, City may recover from Lessee all of the following:

A. Any amount necessary to compensate City for all the detriment proximately caused by Lessee's failure to perform obligations under this Lease, including brokerage commissions and advertising expenses, expenses of remodeling the Premises for a new Lessee ( whether for the same or a different use), and any special concessions made to obtain a new Lessee; and B. Any other amounts, in addition to or in lieu of those listed above, that may be permitted by applicable law.

13.04. Continuation of Lease in Effect. Upon the occurrence of a default that is not timely cured by Lessee, City shall have the remedy described in Civil Code Section 1951.4, which provides that, when a Lessee has the right to sublet or assign (subject only to reasonable limitations), the City may continue the lease in effect after the Lessee's breach and abandonment and recover rent as it becomes due.

Accordingly, if City does not elect to terminate this Lease on account of any default by Lessee, City may enforce all of City's rights and remedies under this Lease, including the right to recover all rent as it becomes due.

13.05. Form of Payment After Default. If Lessee fails to pay any amount due under this Lease within three (3) days after the due date or if Lessee draws a check on an account with insufficient funds, City shall have the right to require that any subsequent amounts paid by Lessee to City under this Lease (to cure a default or otherwise) be paid in the form of cash, money order, cashier's or certified check drawn on an institution acceptable to City, or other form approved by City despite any prior practice of accepting payments in a different form.

13.06. Efforts To Relet. For purposes of this Article 13, Lessee's right to possession shall not be considered to have been terminated by City's efforts to relet the Premises, by City's acts of maintenance or preservation with respect to the Premises, or by appointment of a receiver to protect City's interests under this Lease. This list is merely illustrative of acts that may be performed by City without terminating Lessee's right to possession.13.07. Acceptance of Lease Payment Without Waiving Rights. Under Sections 14.15 and 14.16, City may accept Lessee's lease payments without waiving any rights under this Lease, including rights under a previously served notice of default. If City accepts lease payments after serving a notice of default, City may nevertheless commence and pursue an action to enforce rights and remedies under the previously served notice of default without giving Lessee any further notice or demand.

13.08. Lessee's Remedies on City's Default. Lessee waives any right to terminate this Lease and to vacate the Premises on City's default under this Lease. Lessee's sole remedy on City's default is an action for damages or injunctive or declaratory relief.

ARTICLE 14. MISCELLANEOUS

14.01. Administration by City. Whenever Lessee is required to secure the approval or consent of the City pursuant to this Agreement, the City shall mean the City Manager.

14.02. Force Majeure. Except as otherwise expressly provided in this Lease, if the performance of any act required by this Lease to be performed by either City or Lessee is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance Packet Pg. 302 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Ground Lease -AccessHome Page 16
of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment of rent by Lessee as required by this Lease or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act.

14.03. Attorney Fees. In any dispute between the City and Lessee, whether or not resulting in litigation, the prevailing party shall be entitled to recover from the other party all reasonable costs, including without limitation, reasonable attorney's fees. "Prevailing party" shall include without limitation, a party who dismisses an action for specific performance or for damages in exchange for sums allegedly due, performance for covenants allegedly breached or consideration substantially equal to the relief sought in the action, or which receives from the other party, in connection with any dispute, performance substantially equivalent to any of these.

14.04. No Partnership or Joint Venture. Nothing in this Lease shall be construed to render the City in any way or for any purpose a partner, joint venturer, or associate in any relationship with Lessee other than that of City and Lessee, nor shall this Lease be construed to authorize either to act as agent for the other.

14.05. Notices. Any notices required to be given under this Agreement shall be in writing and shall be deemed properly delivered, given or served when personally delivered to the City or Lessee, or in lieu of such personal service, sent by United States mail, registered or certified, return receipt requested, addressed as follows:

CITY:

City of Redding
Attention: City Manager
777 Cypress A venue
P.O. Box 496071
Redding, California 96049-6071
LESSEE:

Resources for Rural Community Development, Inc. dba AccessHome 715 Parkview A venue
Redding, California 96001
In the event of personal service, notice shall be deemed given when personally served. In the event of service by mail, notice shall be deemed to have been given seventy-two (72) hours after deposit of same in the United States mail post box in the State of California, postage prepaid, addressed as set forth above, or upon the date of the signed return receipt, whichever is sooner. Either party may change its address for the purposes of this section by giving written notice of such change to the other party in the manner provided in this section.

14.06. California Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any claim or lawsuit pertaining to this Agreement shall be filed and litigated only in the Superior Court of Shasta County, State of California.

14.07. No Third-Party Beneficiaries Intended. Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

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14.08 Binding on Heirs and Successors. This Lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this Lease or any interest in the Lease by Lessee except as provided in Article 11 of this Lease.

14.09. Partial Invalidity. If any provision of this Lease is held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Lease shall remain in full force and effect unimpaired by the holding.

14.10. Time of Essence. Time is expressly declared to be of the essence of this Lease.

14.11. Memorandum of Lease for Recording. Neither party, City or Lessee, shall record this Lease without the written consent of the other. However, City and Lessee shall, at the request of either at any time during the term of this Lease, execute a memorandum or "short form" of this Lease for purposes of, and in a form suitable for, recordation. The memorandum or "short form" of this Lease shall describe the parties, set forth a description of the leased Premises, specify the term of this Lease, incorporate this Lease by reference, and include any other provisions required by Lender(s).

14.12. Headings, Reference and Joint and Several Liability. The titles and headings of the various Sections of this Lease are intended solely for convenience of reference and are not intended to explain, modify or place any construction on any of the provisions of this Lease. Masculine and feminine, or neutral gender and the singular and the plural number shall each be considered to include the other whenever the context so requires. If either party consists of more than one person, each such person shall be jointly and severally liable.

14.13. No Party Deemed Drafter. In the event of a dispute between any of the parties hereto over the meaning of this agreement, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply.

14.14. Exhibits. The exhibits attached to this lease are incorporated herein by this reference.

14.15. No Waiver. No waiver of any provision of this Lease shall be implied by any failure of City to enforce any remedy for the violation of that provision, even if that violation continues or is repeated. Any waiver by City of any provision of this Lease must be in writing. Such written waiver shall affect only the provision specified and only for the time and in the manner stated in the writing.

14.16. Acceptance and Application of Payment; Not Accord and Satisfaction. No receipt by City of a lesser payment than the rent required under this Lease shall be considered to be other than on account of the earliest amount due, and no endorsement or statement on any check or letter accompanying a payment or check shall be considered an accord and satisfaction. City may accept checks or payments without prejudice to City's right to recover all amounts due and pursue all other remedies provided for in this Lease.

City's receipt of monies from Lessee after giving notice to Lessee terminating this Lease shall in no way reinstate, continue, or extend the Lease term or affect the termination notice given by City before Packet Pg. 304 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Ground Lease -AccessHome Page 18
the receipt of those monies. After serving notice terminating this Lease, filing an action, or obtaining final judgment for possession of the Premises, City may receive and collect any rent due, and the payment of that rent shall not waive or affect such prior notice, action, or judgment.

14.17. Modification of Agreement. This Lease shall not be altered, amended, or modified except by a writing signed by the City and Lessee. Should minor modifications or amendments be warranted, the City Manager or designee shall have full authority to execute such modifications or amendments without additional City Council approval.

14.18. Authority. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Contract.

14.19. No Discrimination or Segregation. Lessee shall not discriminate in Lessee's recruiting, hiring, promotion, demotion or termination practice on the basis of race, religion, creed, color, national origin, ancestry, sex, age, physical handicap, medical condition, source of income, or marital status with respect to its use of the Property hereunder, and PC Redding shall comply with the provisions of the California Fair Employment and Housing Act (Government Code Sections 12900 et seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended, and all Administrative Rules and Regulations issued pursuant to said Acts and Orders with respect to its use of the Property.

14.20 Local, State and Federal Laws in Construction. Lessee shall carry out the construction of the Project in conformity with all applicable federal, state and local laws and regulations, including, but not limited to the California Environmental Quality Act. Lessee represents and warrants that all of the Project shall be constructed in compliance with all laws or regulations with respect to the payment of prevailing wages as applicable. The City shall not have any responsibility whatsoever for the payment to any contractor or supplier of AccessHome. Following the completion of the initial construction of the Project, AccessHome, may, from time to time, during the Term of the Lease, make such modifications or alterations to the Project provided that all construction is in conformity with all applicable federal, state and local laws and regulations, and subject to City approval.

14.21 Incorporation by Reference. All exhibits and addenda attached hereto are hereby incorporated into this Lease and made a part hereof. If there is any conflict between such exhibits or addenda and the terms of this Lease, such exhibits or addenda shall control. Furthermore, the terms and conditions of the Development Agreement are hereby incorporated by reference and made a part hereof.

14.22. Effective Date of Agreement. The effective date of this Agreement shall be that date that it shall have been signed by City.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Dated: , 2021 --------
ATTEST:

PAM MIZE, City Clerk

CITY OF REDDING
ERIN RESNER, Mayor
APPROVED AS TO FORM:

BARRY E. DeWALT
City Attorney
By:

LESSEE

RESOURCES FOR RURAL COMMUNITY
DEVELOPMENT, INC. DBA ACCESSHOME, a
California Nonprofit Corporation
Dated: , 2021 --------
Exhibit A:

Exhibit B:

Exhibit C:

Exhibit D:

By:

Tax ID Number
Site Map
Legal Description
Enterprise Community Park Host Agreement
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Exhibit A
Packet Pg. 307 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Ground Lease -AccessHome
Exhibit B
Legal Description
Legal Description for the portion of the property allocated to the Park Host site is Pending.

Packet Pg. 308 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Exhibit C

CITY OF REDDING

PARK HOST AGREEMENT
THIS CONTRACT is made at Redding, California, by and between the City of Redding ("City"), a municipal corporation, and Resources for Rural Community Development ("RRCD") for the purpose of providing a park host presence at Enterprise Park.

NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows:

SECTION 1. RRCD SERVICES
A. Subject to the terms and conditions set forth in this Contract, RRCD shall:

1. 2.

3. 4.

SECTION 2.

Assign a "Park Host" to reside on Premises and RRCD shall cause said Park Host to perform duties as outlined in Exhibit A, attached and incorporated herein.

To the extent possible, each Park Host will reside on the Premises for a period of six months or more.

RRCD shall cause the Park Host to make reports, as outlined in Exhibit A, to a City of Redding Community Services Department employee.

RRCD shall treat all activities of its Park Host as being performed as a volunteer and not as an agent or employee. Nonetheless, Agency shall give City three (3) calendar days' advance notice if Park Host plans to take time away from the Park so that his/her duties can be covered by the City.

CITY RESPONSIBILITIES
A. Provide a site for a residence to be used by the Park Host (hereafter, "Premises") as indicated on Exhibit B, attached and incorporated herein.

B. Provide RRCD with a list of emergency contact personnel and phone numbers.

C. Pay all monthly charges for water, sewer, garbage and electrical utilities.

D. Provide a printer/copier/facsimile machine to be used for City-related matters. Monthly charges attributable to City-related use shall be paid by City.

E. Provide an electric GEM vehicle and/or bicycle for use on City-related matters.

F. Provide RRCD with a "Park Host" vest which will be affixed with identification badges to be worn by Park Host while performing duties set forth herein.

SECTION 3. TERM AND TERMINATION
A. This Contract shall commence on the date of the Contract and shall continue until terminated herein.

Packet Pg. 309 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend B. City shall have the right to terminate this Contract without cause on thirty (30) calendar days' written notice.

C. Either Party may terminate for cause if there is a material breach of the obligations set forth herein which is not cured within thirty (30) calendar days after written notice is provided of the breach. RRCD hereby recognizes that it has contractual obligations to City set forth in the ________ dated ______ and that breach of this Agreement may result in a breach of that other Contract referenced herein.

D. In no event shall the termination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party's failure to perform each obligation required by this Contract.

SECTION 4. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT A. RRCO hereby agrees and consents that if any claim in law or equity is made with regard to this Contract, the market value of lodging and utilities provided by City hereunder may be set-off against the amount of any judgment of penalty to the maximum extent permitted bylaw.

B. RRCD shall, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/employee relationship, association, joint venture relationship, trust or partnership or to allow City to exercise discretion or control over the professional manner in which RRCD performs under this Contract. Any and all taxes imposed on RRCD's income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by RRCD. RRCD shall be responsible for any taxes or penalties assessed by reason of any claims that RRCD is an employee of City. RRCD shall not be eligible for coverage under City's workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit.

C. No provision of this Contract is intended to, or shall be for the benefit of, or construed to create rights in, or grant remedies to, any person or entity not a party hereto.

D. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. RRCD shall be the responsible party with respect to all actions of its independent contractors and park hosts, and shall obtain such insurance and indemnity provisions from its contractors and subcontractors as City's Risk Manager shall determine to be necessary.

E. RRCD, at such times and in such form as City may require, shall furnish City with such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs or obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract.

F. RRCD shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by City to assure proper accounting for all project funds. These records shall be made available for audit purposes to state and federal Packet Pg. 310 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend authorities, or any authorized representative of City. RRCD shall retain such records for three (3) years after the expiration of this Contract, unless prior permission to destroy them is granted by City.

SECTIONS. INSURANCE
A. Unless modified in writing by City's Risk Manager, RRCD shall maintain the following noted insurance during the duration of the Contract:

Coverage Reguired Not Reguired
Commercial General Liability X
Comprehensive Vehicle Liability X
Workers' Compensation and Employers' Liability X
Professional Liability (Errors and Omissions) X
(Place an "x" in the appropriate box)
B. Coverage shall be at least as broad as:

1. Insurance Services Office form number CG-0001, Commercial General Liability Insurance, in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage;

2. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, non-owned and hired vehicles;

3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers;

4. Professional Liability (Errors and Omissions) Insurance, appropriate to RRCD's profession, against loss due to error or omission or malpractice in an amount not less than $1,000,000.

5. The City does not accept insurance certificates or endorsements with the wording "but only in the event of a named insured's sole negligence" or any other verbiage limiting the insured's insurance responsibility.

C. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the RRCD shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.

D. The General Liability shall contain or be endorsed to contain the following provisions:

Packet Pg. 311 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend

1. City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of RRCD; premises owned, leased or used by RRCD; or automobiles owned, leased, hired or borrowed by RRCD. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers.

2. The insurance coverage of RRCD shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or selfinsurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of RRCD's insurance and shall not contribute with it.

3. Coverage shall state that the insurance of RRCD shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days' prior written notice has been given to City. In addition, RRCD agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) calendar days' prior written notice has been given to City.

E. Insurance is to be placed with insurers with a current AM.Best's rating of no less than AVII.

F. RRCD shall designate the City of Redding as a Certificate Holder of the insurance. RRCD shall furnish City with certificates of insurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements shall be furnished to: Risk Management Department, City of Redding, 777 Cypress A venue, Redding, CA 96001. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City's Risk Manager prior to the commencement of contracted services.

City may withhold payments to RRCD if adequate certificates of insurance and endorsements required have not been provided, or not been provided in a timely manner.

G. The requirements as to the types and limits of insurance coverage to be maintained by RRCD as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by RRCD pursuant to this Contract, including, without limitation, provisions concerning indemnification.

H. If any policy of insurance required by this Section is a "claims made" policy, pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, RRCD shall keep said insurance in effect for a period of eighteen (18) months after the termination of this Contract.

I. If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, RRCD shall immediately notify City's Risk Manager by telephone at (530) 225-4068. No later than three (3) calendar days after the event, RRCD shall submit a written report to City's Risk Manager containing the following information, as applicable: 1) name and address of injured or deceased person(s); 2) name and address of witnesses; 3) name and address ofRRCD's insurance company; and 4) a detailed description of the damage and whether any City property was involved.

Packet Pg. 312 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
A. To the fullest extent permitted by law, RRCD shall indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims (including, but not limited to, wages and hours claims, and claims for relocation benefits), losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by RRCD its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City.

C. The RRCD's obligation to defend, indemnify and hold harmless shall not be excused because of the RRCD's inability to evaluate liability. The RRCD shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the RRCD fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty (30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the RRCD accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of RRCD herein.

D. The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable.

The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor.

E. City shall have the right to approve or disapprove the legal counsel retained by RRCD pursuant to this Section to represent City's interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section.

SECTION 7. CONTRACT INTERPRETATION, VENUE AND ATTORNEY FEES A. This Contract shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Contract, the prevailing party shall be entitled to its costs and reasonable attorneys' fees.

B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and RRCD. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or conditions contained in this Contract, nor shall any such verbal agreement or conversation entitle RRCD to any additional payment whatsoever under the terms of this Contract.

Packet Pg. 313 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend C. No covenant or condition to be performed by RRCD under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by RRCD of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence.

D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

E. The headings in this Contract are inserted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein.

F. Each Party hereto declares and represents that in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each of the Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply.

G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived.

H. In the event of a conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Contract proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by RRCD.

SECTION 8. SURVIVAL
The provisions set forth in Sections 3 through 7, inclusive, of this Contract shall survive termination of the Contract.

SECTION 9. COMPLIANCE WITH LAWS - NONDISCRIMINATION
A. RRCD shall comply with all applicable laws, ordinances and codes of federal, state and local governments.

B. In the performance of this Contract, RRCD shall not discriminate against any employee or Packet Pg. 314 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend applicant for employment because of race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or nonmembership in any organization. RRCD shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or nonmembership in any organization. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training.

SECTION 10. REPRESENTATIVES
A. City's representative for this Contract is Kim Niemer, telephone number (530) 225-4085, fax number (530) 225-4585. All of RRCD's questions pertaining to this Contract shall be referred to the above-named person, or to the representative's designee.

B. RRCD's representative for this Contract is Dawn Smith, telephone number (530) 224-2800, fax number (_) _______ . All of City's questions pertaining to this Contract shall _be referred to the above-named person.

C. The representatives set forth herein shall have authority to give all notices required herein.

SECTION 11. NOTICES
A. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender (may be other than the representatives referred to in Section 10) and delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows:

To City:

Kimberly A Niemer
777 Cypress A venue
Redding, CA 96001
ToRRCD:

Dawn S. Smith
715 Parkview A venue # 1
Redding, CA 96001
B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section.

C. Notice shall be deemed effective upon: 1) personal service; 2) two calendar days after mailing or transmission by facsimile, whichever is earlier.

SECTION 12. AUTHORITY TO CONTRACT
A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Contract.

Packet Pg. 315 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend B. When the Mayor is signatory to this Contract, the City Manager and/or the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to RRCD or otherwise substantially change the scope of the services provided herein.

SECTION 13. DATE OF CONTRACT
The date of this Contract shall be the date it is signed by City.

Packet Pg. 316 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend IN WITNESS WHEREOF, City and RRCD have executed this Contract on the days and year set forth below:

Dated: _____ ,2021
ATTEST:

PAM MIZE, City Clerk
Dated: , 2021 -----

CITY OF REDDING,
A Municipal Corporation
By:

APPROVED AS TO FORM:

BARRY E. DeWALT
City Attorney
By:

RESOURCES FOR RURAL

COMMUNITY DEVELOPMENT
By:

Tax ID No.: ----------
Packet Pg. 317 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Exhibit A

1. On a daily basis,' fill out the Park Host Daily Log in the form provided herein as Exhibit Al. Park Host may email the Daily Log to [email protected] or fax to (530) 224-6104.

2. Attend a Crime Prevention and Reporting Training by the Redding Police Department within 90 days of moving into premises.

3. Observe and report suspicious or unusual activities occurring on the premises to the Redding Police Department as the circumstances warrant. Park Host shall report any vandalism and/or any other unsightly, unusual or unsanitary litter conditions to the City of Redding Parks Division in a timely manner. Park Host shall also report any emergency situation with regard to park facilities (i.e., broken sprinklers) to the City of Redding Parks Division. Park Host is not required to remain on a stand-by status in order to perform the functions set forth in this subdivision. CITY' s intention is to have said duties performed only when they happen to be observed by Park Host.

4. Open restrooms and all park gates by 6:00 a.m. daily and close restrooms and park gates one hour after dusk daily. Prior to closing gates, Park Host shall check to see that no people/vehicles are still on the Premises, and if so, politely warn said persons fifteen (15) minutes before closing that you will close the gates in fifteen (15) minutes, or as instructed by City personnel.

5. Daily open and close the following: 1) the walk-through chain link gate at the north end of the premises; 2) the roller hockey rink gates; 3) the pickle ball court gate; 4) the upper and lower restrooms; and 5) the north and south main entry gates.

6. Patrol the premises regularly.

7. Post park reservations for the premises in the Enterprise Park Pavilion. Park reservations will be faxed to the Park Host in a timely manner by the City of Redding Recreation Division. Park Host shall immediately report any dispute etc. regarding reservations to the City of Redding Parks Division of which he/she becomes aware.

8. Respond to inquiries on an as needed basis. Park Host is not expected to remain in a stand-by status or otherwise remain on site in order to perform this service. CITY' s sole expectation is that inquiries shall be answered while Park Host is actively performing the duties set forth in Sections 4 - 7.

9. Wear an identification vest while performing these assigned duties listed in this exhibit and present in a neat and professional manner.

10. Comply with all local, state and federal laws, rules and regulations.

11. Except for emergency situations, provide a three (3 )-day written notice to City to schedule periods of time away from the premises.

12. Procure and maintain, for the duration of this Agreement, insurance against claims to injuries to persons or damages to property which may arise from or in connection with the use of owned, non-owned and hired vehicles.

The policy of insurance shall be endorsed to name the City of Redding as an additional insured. Copies of all insurance certificates and endorsements shall be forwarded to the City of Redding Risk Management Division.

13. Charge the batteries and maintain water levels on the GEM vehicle. City maintenance crews may use the GEM vehicle as needed.

Packet Pg. 318 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend

14. Park Host shall not engage in confrontational situations and shall report any confrontational situation to the City of Redding Parks Office or the City of Redding Police Department, if necessary.

15. Represent the CITY in a positive manner and not accept any monies, donations, or fees for park use or reservations. Any person requesting the scheduling of facilities shall be referred to the City of Redding Recreation Division (225-4095).

Packet Pg. 319 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Exhibit Al
Park Host Agreement

CITY OF REDDING

PARK HOST DAILY LOG
AREA: ENTERPRISE PARK
Fax to (530) 224-6104 or Email: [email protected].

DATE COMMENTS
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Number of Hours Worked
I, ------------~ declare under penalty of perjury that this Daily Log report of hours worked is an
accurate report of hours worked under the agreement and that this Daily Log neither overestimates or underestimates
the time spent performing duties under the agreement.

Signature of Park Host: ___________________ _
Date: ________ _
Packet Pg. 320 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend Exhibit B-Park Host Agreement
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Packet Pg. 321 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend bl]
----
Exhibit 8.5
Enterprise Park Host
Project

WILDFIRE RESTORATION HOUSE
Concrete Printed House, P-01 - 3 bedrm 2 bath

CONCEPT DESIGN PACKAGE
August 27, 2020
Client & Contractor Team •
EMERGENT30
1575 Fig Avenue
Redding, CA 96001
tel: 602-329-5459

DON AJAMIAN CONSTRUCTION
Contractor's License#: 721195
1870 Twin View Blvd.

Redding, CA. 96003
www.DonAjamianConstruction.com
tel: 530-223-3977
Architect:

BENJAMIN ALBERTSON ARCHITECT
Architect's License #: C38295
www.benjaminalbertson.com
[email protected]
tel: 917-232-1662
Structural Engineer:

RESPONSE STRUCTURAL ENGINEERS
Structural Engineer's License #: S5409
5441 Fair Oaks Blvd, Teal Park, Ste G2
Carmichael, CA 95608
www.response-eng.com
tel: 916-680-9922
Packet Pg. 322 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc.

Fire resistant roofing I
compliant w/ all State I
& Local Regulations]
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Emergent 30 / Don Ajamlan Construction I Benjamin Albertson Architect / Response Structural Engineers i 3D Printed Concrete
'organic Feature Walls
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Floor to ceiling glass
to maximize daylight,
double pane &
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FRONT VIEW
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Packet Pg. 323 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. !
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Emergent 3D / Don Ajamian Construction / Benjamin Albertson Architect / Response Structural Engineers Large column free
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fire resistant soffits per
latest wildfire safety
code requirements
! 3D Printed Concrete :
i Organic Feature Walls I

SIDE VIEW
08/27/2020
Packet Pg. 324 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. i . . Fire resistant roofing;
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REAR VIEW
08/27/2020
Packet Pg. 325 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc.

VIEW FROM LIVING VIEW FROM ENTRANCE

VIEW FROM KITCHEN VIEW FROM DINING

WILDFIRE RESTORATION HOUSE
Emergent 30 / Don Ajamian Construction / Benjamin Albertson Architect / Response Structural Engineers

INTERIOR VIEWS
08127 / 2020
Packet Pg. 326 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc.

Open concept living space I
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FRONT AXONOMETRIC
08127 / 2020
Packet Pg. 327 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. !~Open concept living space i
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suite w/ i
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Packet Pg. 328 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc.

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(AKA "DON BEAM")
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CONCRETE PILASTERS

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FRAME OPENINGS

BUILDING COMPONENTS
Emergent 30 / Don Ajamian Construction / Benjamin Albertson Architect/ Response Structural Engineers 08/27/2020 Packet Pg. 329 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. 0 I
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08/27/2020
Packet Pg. 331 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc.

PRIMARY HOUSE FEATURES:

Exterior Features -
- Large covered entry porch and covered back yard porch. - Organic shaped walls at the middle of the house to articulate the entry points and provide visual interest and distinction for the home.
- Floor to ceiling glazing in open living area for maximum natural daylight and views. - Larger windows facing the rear of the house to maintain privacy, while providing views and daylight.
- Modern window system with the latest thermal performance and operable capabilities. - 2 full size sliding doors facing the rear to provide connection between inside and outside. - Garage or carport can be added on to located adjacent to east side of house.

Interior Features -
- Open floor plan with interconnected living room, dining room, kitchen, and entrance foyer. - Full kitchen w/ complete appliance package, including refrigerator, cooktop, convection oven, exhaust hood, built in microwave, dishwasher, garbage disposal. - Separated master suite from bedrooms for maximum privacy. - Stackable washer dryer system conveniently located in the master walk in closet. - Generous closet and storage space in bedrooms and living room. - Central HVAC system for complete comfort in summer and winter. - Recessed built in lighting throughout open living rooms, master suite, bedrooms, and bathrooms.
- Attic space access, which can be used for further storage.

WILDFIRE RESTORATION HOUSE
SUSTAINABLE DESIGN FEATURES:

Passive Design Concepts -
- Large south facing roof for future photovoltaic solar panel roofing. - Floor to ceiling windows in living area for maximum natural daylighting. - Large simple shaped roofs to allow for the most amount of rain water collection and storage.

Passive Heating Design Concepts •
- Orienting the house to take advantage of passive heating. - Thermally insulated concrete walls that perform 30% better than a typical wood stud wall. - Naturally insulated slab on grade.

Passive Cooling Design Concepts -
- Large roof overhangs to provide natural shading for windows during the hot summer months. - Window openings on opposite and/ or adjacent walls to promote natural cross ventilation. - Deep inset windows to protect the interior rooms from solar heat gain in the summer.

FIRE RESISTANT DESIGN FEATURES:
- Designed to meet or exceed Wildland Urban Interface (WUI) standards for High Fire Hazard zones throughout California.
- Non Combustible concrete walls that can withstand the heat of forest fires for longer than typical wood stud construction.
- Non-combustible composite shingle roofing.
- Double pane windows that will better protect the interiors from the intrusion of hot embers. - Non-combustible screens on roof vents and chimney openings to prevent intrusion of hot embers. - Simple roof shape to minimize catching debris that can act as kindling for a forest fire. - Closed roof eaves to protect the roof structure from fire.

HOUSE FEATURES
Emergent JD/ Don Ajamian Construction / Benjamin Albertson Architect / Response Structural Engineers 08/27/2020 Packet Pg. 332 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc.

MODULAR CONSTRUCTION PRINTER SYSTEM
Cutting edge construction technology, provides site built homes quickly and cost effectively, more sustainable and longer lasting than conventional or factory built house.

The exterior and interior walls are made completely from the 30 printed concrete. The printer system is capable of printing the walls at more than 3 feet per second with extreme precision.

Special print head attachments allow for various wall finishes and textures to give the interior and exterior walls a refined and well designed finish appearance.

WILDFIRE RESTORATION HOUSE
Emergent 3D / Don Ajamlan Construction / Benjamin Albertson Architect/ Response Structural Engineers 3D CONCRETE PRINTING TECHNOLOGY
08/27/2020
Packet Pg. 333 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc.

LAND ACQUISITION

PREDEVELOPMENT
PERMITS, FEES, etc.

CONSTRUCTION
TOTAL
Exhibit 9
$0
$0
$31,000
$306,196
$0
$0
$31,000
$306,196
N:\3 - HCD WORKING FILES\Multi Family Rehab and New Construction\Emergent 3D\Development Agreements\Enterprise Park\Exhibit 9 Project Budget.xis Packet Pg. 334 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend EXHIBIT 10

SCHEDULE OF PERFORMANCE
Action Time Frame
Owner/ Opera tor submits GL Insurance policy to City Risk Prior to execution of DFA Management Department City Council considers Project financing terms and conditions; September 7, 2021 and directs staff to forward DFA to City Manager for approval Owner /Operator r executes DFA and all security documents Following CA approval City executes DFA and related documents Within 5 Days following Owner/Operator execution Owner/ Operator opens Escrow Account, if necessary Within 10 Days of City executing DFA DFA and security documents are delivered to Escrow Agent, if Within 10 Days following Effective Date of DFA necessary
Escrow Agent to notify City and Owner/Operator of Escrow Within 10 Days prior to the Close of Escrow Closing Costs Close of Escrow. Escrow Agency records Declaration of Rent Within 45 days of the opening of Escrow Restrictions and Deed Escrow Agent to issue and deliver Title Insurance to the City, if Close of Escrow necessary
Final Plans submitted for review by City and Project Manager Within 30 days of recording security documents Construction commences
Within 6 months after Project Final Plans are
approved by City and Project Manager
Progress Reports At least every 90 days during construction Construction completed Within 6 months after construction commences Packet Pg. 335 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend EXHIBIT 11

CERTIFICATE OF COMPLETION
THIS CERTIFICATE OF COMPLETION (the "Certificate") is made by the CITY OF REDDING, a municipal corporation and general law city (the "CITY"), in favor of RESOURCES FOR RURAL COMMUNITY DEVELOPMENT INC. dba ACCESSHOME, (the "OWNER"), as of the date set forth below.

RECITALS
A. The CITY and the OWNER have entered into that certain Development Funding Agreement (DF A) dated ______ , concerning the development of certain real property situated in Redding, California, including Assessor's Parcel Number 068-290-004-000 as more fully described in Exhibit "A", attached here to and made a part hereof (the Property).

B. The DF A sets forth the obligations of the Owner, to as Developer, under the DF A.

C. The CITY has conclusively determined that the Developer has satisfactorily completed the obligations of the OWNER relative to development of the Property required by the DF A and now desires to furnish OWNER or its successors with a Certificate of Completion. This Certificate is in such form as to permit it to be recorded in the Recorder's Office of Shasta County and is conclusive determination of satisfactory completion of all of the obligations of the OWNER required by the DFA regarding development of the property.

NOW, THEREFORE, the CITY hereby certifies as follows:

1. The obligations of the OWNER regarding Development of the Project as stated in the DF A have been fully and satisfactorily completed in conformance with the DF A.

2. Nothing contained in this instrument shall modify in any way any other provisions of the DF A.

IN WITNESS WHEREOF, the CITY has executed this Certificate on this date , 2021. ----

CITY OF REDDING
Steve Bade, Deputy City Manager
Packet Pg. 336 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend

EXHIBIT A
Legal Description
Pending
Packet Pg. 337 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend EXHIBIT 12

NOTICE OF COMPLETION

RECORDING REQUESTED BY

CITY OF REDDING
WHEN RECORDED, MAIL TO:

CITY OF REDDING - HOUSNING DIVISION
P.O. Box 496071
Redding, CA 96049-6071
Loan No.:

THIS SPACE FOR RECORDER'S USE ONLY

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093 must be filed within 10 days after completion.

NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the owner or authorized agent of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is: RESOURCES FOR RURAL COMMUNITY DEVELOPMENT INC. dba

ACCESSHOME

3. The full address of the owner is: 715 PARKVIEW AVENUE #1, Redding, CA 96001

4. The nature of the interest or estate of the undersigned is: In Fee

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: None

6. Work or improvement on the property hereinafter described was construction and was completed on

7. Said work or improvement was undertaken on said property pursuant to a contract dated __ _ 2021 with General Contractor ---------------

8. The street address of the property on which said work or improvement was completed is 4000 Victor A venue, located in the City of Redding, County of Shasta, State of California. AP# 068-290-004-000.

Dawn Smith, Executive Director, ACESSHOME.

I, the undersigned, state that I am the declarant of the foregoing Notice of Completion; that I have read said Notice of Completion and, to the best of my knowledge, I declare under penalty of perjury that the foregoing is true and correct.

Dated: _______________ , Redding, California.

Dawn Smith, Executive Director, ACESSHOME.

Packet Pg. 338 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend EXHIBIT 13
SECTION 3 CLAUSE
The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.

The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person( s) taking applications for each of the positions; and the anticipated date the work shall begin.

The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 13 5 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.

Non-compliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

N:13 - HCD WORKING FILES\Single Family Acquisition and New Construction\CRDC 3208 Veda\DFA\Exhibit 13 Section 3 Clause.doc
Packet Pg. 339 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend EXHIBIT 14

FAIR HOUSING POSTER
U.S. Department of Housing and Urban Development
~ ,r

EQUAL HOUSING

OPPORTUNITY
We Do Business in Accordance With the Federal Fair
Housing Law
(The Fair Housing Amendments Act of 1988)
It is Illegal to Discriminate Against Any Person
Because of Race, Color, Religion, Sex,
Handicap, Familial Status, or National Origin
■ In the sale or rental of housing or
residential lots
■ In advertising the sale or rental
of housing
■ In the financing of housing
Anyone who feels he or she has been
discriminated against may file a complaint of
housing discrimination:
1-800-669-9777 (Toll Free)
1-800-927 -927 5 (TDD)
Previous editions are obsolete
■ In the provision of real estate
brokerage services
■ In the appraisal of housing
■ Blockbusting is also illegal
U.S. Department of Housing and
Urban Development
Assistant Secretary for Fair Housing and
Equal Opportunity
Washington, D.C. 20410
form HUD-928.1A(8-93)
Packet Pg. 340 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend

PAMELA MIZE, CITY CLERK

SHARLENE TIPTON, ASSISTANT CITY CLERK
530.225.4447
530.225.4463 FAX
AccessHome
715 Parkview Avenue, Suite 1
Redding, CA 96001

CITY OF REDDING
777 Cypress Avenue, Redding, CA 96001
PO BOX 496071, Redding, CA 96049-6071
cityofredding.org
June 16, 2022
RE: Development Agreement - C-9068
Dear Sir or Madam,
Enclosed please find the fully executed original of the above referenced Development Agreement by and between the City of Redding and Resources for Rural Community Development, Inc. dba AccessHome regarding the Enterprise Park Host Project.

If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City Clerk at (530) 225-4044.

Enclosure
cc: Nicole Smith
Ellen Grannis
Amber DalPoggetto
Executive Assistant
Packet Pg. 341 Attachment: C-9068 - Development Agreement - 2022 - Resources for Rural Community Development Inc. dba AccessHome (4.2(c)--Amend

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions regarding the sale of real property located at 2955 Leland Avenue (Property) (Assessor’s Parcel Number 108-010-043-000):
(1) Authorize the City Manager, or designee, to negotiate the terms of and execute a Purchase and Sale Agreement at fair market value;
(2) Authorize the City Manager to execute all escrow documents related to the disposition of the Property; and
(3) Find that the sale of the property by the City is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15312 of the CEQA Guidelines (Surplus Government Property Sales).

Fiscal Impact
The funds realized from the sale of the property will be deposited into the Low-Moderate Income Housing Asset Fund which will be utilized for income-eligible activities or qualifying housing projects.

Alternative Action
The City Council (Council) could choose to not authorize the City Manager to negotiate the Purchasing and Sale Agreement (Agreement). This option may delay the close of escrow for the Property and jeopardize the other funding options the developer is seeking for the project.

Background/Analysis
On February 1, 2012, the Redding Redevelopment Agency (RRA) was dissolved pursuant to Health and Safety Code Sections 34161-34166 and the Council elected for the City to serve as the Successor Housing Agency to the former Redding Redevelopment Agency (RRA) pursuant to Resolution 2012-0007. All former RRA housing property assets were transferred to the City.

MEETING DATE: June 20, 2023
ITEM NO. 4.2(d)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.2(d)--Authorize City Manager or designee to negotiate a Purchase Agreement for the sale of 2955 Leland Avenue
Steve Bade, Assistant City
Manager
Packet Pg. 342
Report to Redding City Council June 20, 2023
Re: 4.2(d)--Authorize City Manager or designee to negotiate the sale of 2955 Leland AvenuePage 2 On June 1, 2021, the Council adopted a Resolution 2021-061 declaring the property as surplus.

Pursuant to State of California legislation, parcels must be designated surplus by adhering to specific surplus property procedures. The City has complied with Government Code Section 54220 and has fulfilled the requirements set by the California Department of Housing and Community Development to ensure the law is adhered to with regard to the sale of surplus properties, including the property located at 2955 Leland Avenue. No further actions are needed to proceed with the disposition of the property.

For the last several months, staff has been communicating with Emergent 3D LLC (Emergent 3D) regarding their interest in the property for a single-family development. On June 7, 2023, staff received an email requesting to negotiate the sale of the property. Other developers have expressed interested in the property over the years, but to date, Emergent 3D is the only prospective purchaser that has shown a bona fide interest in the property by providing a written request to negotiate.

The 1.21-acre Property is located in the Parkview Neighborhood. The parcel is unimproved and is designated as RM-9 dwelling units per acre under the City’s General Plan. The property is level, located at the corner of Leland and Grange Streets and has all public utilities available, making it an ideal site for a residential housing development. A map depicting the location of the property is attached.

Pursuant to the Parkview Neighborhood Strategic Revitalization Plan, the property is a residential opportunity site. Staff has promoted the site for a single-family home development of ten or less units that could be available to first-time homebuyers which is the intention of Emergent 3D. The City’s sale of the property would remove the City’s leverage for a singlefamily development and if Emergent 3D deems the project not feasible then a multi-family development at the property could occur.

Environmental Review
The sale of the City-owned property presents no significant impact on the environment and is therefore categorically exempt from review under the California Environmental Quality Act Guidelines Section 15312 (Surplus Government Property Sales).

Council Priority/City Manager Goals
· Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work and play in the City of Redding.” · Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
· Economic Development- “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community”
Attachments
Packet Pg. 343
Report to Redding City Council June 20, 2023
Re: 4.2(d)--Authorize City Manager or designee to negotiate the sale of 2955 Leland AvenuePage 3 ^2955 Leland Avenue Map
Resolution 2021-061
Packet Pg. 344
Packet Pg. 345 Attachment: ^2955 Leland Avenue Map (4.2(d)--Authorize City Manager or designee to negotiate the sale of 2955 Leland Avenue) RESOLUTION NO. 2021- 061

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING

DECLARING SIXTY- ONE PARCELS OF CITY-OWNED LAND AS

SURPLUS PROPERTY, SUBJECT TO THE RETENTION OF
EASEMENT( S), IF REQUIRED, FOR PUBLIC SERVICE UTILITIES;

SAID PROPERTIES ARE LISTED INDIVIDUALLY IN EXHIBIT A
WHEREAS, the City owns multiple parcels of land (the “ Properties”); and WHEREAS, the City has determined that there is not a need to retain the designated sixty-one properties, as listed in Exhibit A, for public purposes; and NOW, THEREFORE, the City Council FINDS, RESOLVES, and ORDERS as follows:

1. The above recitals are true and correct.

2. The Properties are hereby declared surplus, subject to the retention of an easement( s), if required, for public service purposes.

3. Sale of the Properties by the City is categorically exempt from the requirements of the California Environmental Quality Act ( CEQA) pursuant to Section 15312 of the CEQA Guidelines ( Surplus Government Property Sales).

I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the Redding City Council on the 1st day of June, 2021, and was duly adopted at said meeting by the following vote:

AYES: COUNCIL MEMBERS: Dacquisto, Mezzano, Schreder, Winter, and Resner NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
s/ Erin D. Resner________________
ERIN D. RESNER, Mayor
ATTEST: APPROVED AS TO FORM:
s/ Pamela Mize ________________ /s/ Barry E. DeWalt _______________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 346 Attachment: Resolution 2021-061 (4.2(d)--Authorize City Manager or designee to negotiate the sale of 2955 Leland Avenue) Surplus Property Listing
Address APN Zoning Classification

1. 4455 Oasis Rd 114310019 GO – General Office

2. 18185 Oasis Rd 114430002 GI – General Industry

3. 3811 El Portal Dr 070100027 RS – Residential Single-Family

4. 6690 Lockheed Dr 054640013 GI – General Industry

5. 6950 Lockheed Dr 056610004 GI – General Industry

6. 850 Quartz Hill Rd 115170001 RS – Residential Single-Family

7. 1128 Gold St 102270001 RM – Residential Mixed Housing Type

8. 1515 Gold St 101750043 Downtown Mixed Use Specific Plan

9. 2984 Victor Ave 067370043 GC – General Commercial

10. 2882 Victor Ave 067370022 GO – General Office

11. 2894 Victor Ave 067370023 GO – General Office

12. 2908 Victor Ave 067370024 GO – General Office

13. 2918 Victor Ave 067370025 GO – General Office

14. 2932 Victor Ave 067370026 GO – General Office

15. 2946 Victor Ave 067370027 GO – General Office

16. 2958 Victor Ave 067370052 GO – General Office

17. 2758 Victor Ave 067270062 GO – General Office

18. 2798 Victor Ave 067270065 GO – General Office

19. 2808 Victor Ave 067270066 GO – General Office

20. 2822 Victor Ave 067270067 GO – General Office

21. 2834 Victor Ave 067270068 GO – General Office

22. 2848 Victor Ave 067270069 GO – General Office

23. 2858 Victor Ave 067270070 GO – General Office

24. 2870 Victor Ave 067270071 GO – General Office

25. 2699 Bunker St 067380046 LO – Limited Office

26. 2725 Bunker St 067380047 LO – Limited Office

27. 2740 Victor Ave 067380050 LO – Limited Office

28. 385 Vintage Path 116380023 OS – Open Space

29. 900 Redwood Blvd 113300031 OS – Open Space

30. 760 Redwood Blvd 113300030 OS – Open Space

31. 4950 Venture Pkwy 054830003 GI – General Industry

32. 5155 Venture Pkwy 054220011 GI – General Industry

33. 5255 Venture Pkwy 054220012 GI – General Industry

34. 5300 Venture Pkwy 054220028 GI – General Industry

35. 5750 Venture Pkwy 054220017 GI – General Industry

36. 5950 Venture Pkwy 054220018 GI – General Industry

37. 6655 Venture Pkwy 054260007 GI – General Industry

38. 6755 Venture Pkwy 054260008 GI – General Industry

39. 2524 LINDEN AVE. 104-200-018 RS – Residential Single-Family Exhibit A
Packet Pg. 347 Attachment: Resolution 2021-061 (4.2(d)--Authorize City Manager or designee to negotiate the sale of 2955 Leland Avenue) Surplus Property Listing

40. 2510 & 2504 LINDEN AVE 104-200-019 & 022 RS – Residential Single-Family

41. 2440 & 2424 LINDEN AVE 104-200-023 & 025 RS – Residential Single-Family

42. 2414 LINDEN AVE. 104-200-026 RS – Residential Single-Family

43. 2404 LINDEN AVE. - 104-200-028 RS – Residential Single- Family

44. 2380, 2320 & 2312 LINDEN 104-200-029/ 036/ 037 RS – Residential Single- Family

45. 2364 LINDEN AVE. 104-200-030 RS – Residential Single- Family

46. 2334 LINDEN AVE. 104-200-032 RS – Residential Single- Family

47. 2304 LINDEN AVE. 104-200-040 RS – Residential Single- Family

48. 2264 LINDEN AVE. 104-200-041 RS – Residential Single-Family

49. 2244 LINDEN AVE. 104-200-043 RS – Residential Single-Family

50. 2234 & 2224 LINDEN AVE. 104-200-044 & 047 RS – Residential Single-Family

51. 2210 LINDEN AVE. 104-220-021 RS – Residential Single-Family

52. 2204 LINDEN AVE. 104-220-024 RS – Residential Single-Family

53. 2208 & 2148 LINDEN AVE. 104-220-022 & 025 RS – Residential Single-Family

54. 2136 & 2114 LINDEN AVE. 104-220-027 & 031 RS – Residential Single-Family

55. 2124 & 2118 LINDEN AVE. 104-220-028 & 029 RS – Residential Single-Family

56. 2000 LINDEN AVE. 104-220-033 RS – Residential Single-Family

57. 2955 LELAND AVE 108-010-043 RM – Residential Mixed Housing Type

58. 1313 ROSE LANE 116-440-025 RM – Residential Mixed Housing Type

59. 2520 Leland Ave (CaSARRA) 104-350-002 NC-MU Neighborhood Commercial- Mixed Use

60. 815 Parkview Ave (CaSARRA) 104-350-001 NC- MU Neighborhood Commercial- Mixed Use

61. 825 Parkview Ave (CaSARRA) 104-350-018 NC-MU Neighborhood Commercial- Mixed Use Packet Pg. 348 Attachment: Resolution 2021-061 (4.2(d)--Authorize City Manager or designee to negotiate the sale of 2955 Leland Avenue)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve and authorize the following actions:
(1) Adopt Resolution adopting and approving the 94th Amendment to City Budget Resolution No. 2021-078 appropriating $250,000 in Fiscal Year 2022-23 for Airport Improvement Program (AIP) eligible design and staff costs of the Runway 16/34 Lighting and Shoulder Improvements Project at the Redding Regional Airport; and (2) Authorize the City Manager, or his designee, to negotiate and execute a professional services contract not to exceed $230,000 to conduct the AIP eligible design work for the project.

Fiscal Impact
Staff will expend $250,000 on project design and staffing costs that include $230,000 for engineering work with Mead & Hunt Inc., $16,000 for Public Works Engineering staff time, and $4,000 for an independent fee estimate (IFE) as required by the Federal Aviation Administration.

The design, staffing costs and IFE are each eligible for reimbursement at the time an AIP construction grant is awarded for the Runway 16/34 Lighting and Shoulder Improvement Project (Project).

Any matching funds required of the City of Redding at the time of the grant award will be reimbursed through Passenger Facility Charge revenues over time.

Alternative Action
City Council may choose not to adopt the budget resolution which would delay the project until at least after Fiscal Year 2024-25. This may expose the Airports Division (Airport) to on-going operational risks related to the conditions of the deteriorated infrastructure. Having this project as a standalone would require full runway closures in the future that would put an economic strain on all users of the Airport, including scheduled air service.

MEETING DATE: June 20, 2023
ITEM NO. 4.2(e)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.2(e)--Budget Amendment to Appropriate Funds for Fiscal Year 2022-23 Runway Lighting and Shoulder Improvements Design
Steve Bade, Assistant City
Manager
Packet Pg. 349
Report to Redding City Council June 20, 2023
Re: 4.2(e)--Budget Amendment for Runway Lighting and Shoulder Improvements Page 2 Background/Analysis
Funding the project design would deliver planning materials sufficient to proceed with the lighting and shoulder improvements. The project includes replacing high intensity runway lighting and signage to alleviate electrical failures and continuous repairs on collapsed conduits, electrical shorts, and other electrical issues. At times, these issues have resulted in commercial flights diverting to their origination airport or causing them to circle in the airspace when the runway lighting could not be activated. The project would also rehabilitate the paved shoulders to the runway which coincide with the lighting in order to avoid cutting and trenching through new infrastructure later.

Moving forward with the project design would combine the synergies of the Runway 16/34 Rehabilitation project work currently being designed with a projected construction start date of Fall 2024. Overlapping this work to be done during the same full closure of the Runway 16/34 Rehabilitation project will enable the Airport to minimize lost revenues from full closures to the Airport’s primary runway. As proposed, the project would be presented as a bid alternative with the scheduled Runway 16/34 Rehabilitation project.

This work will result in a shovel-ready project for Runway 16/34 Lighting and Shoulder Improvements.

Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required. Once the project is fully defined and prior to construction, the applicable environmental reviews will be completed.

Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
^Resolution No 94
Packet Pg. 350
Resolution No. 2023 - ____________

A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 94TH AMENDMENT TO CITY BUDGET RESOLUTION NO. 2021-078
APPROPRIATING $250,000 FOR THE DESIGN PHASE OF THE RUNWAY 16/34 LIGHTING AND SHOULDER IMPROVEMENTS PROJECT FOR FISCAL YEAR 2022-

23. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2021-078 be and is hereby amended as follows:

FUND DIVISION DESCRIPTION INCREASE DECREASE
134 821 Redding Regional Airport $250,000
THAT account titles and numbers requiring adjustments by this Resolution are as follows:

USE SOURCE

OF FUNDS OF FUNDS
Increase (Decrease) Beginning Balance
134-821-1-0001-01 Beginning Balance 4,000
Increase (Decrease) Revenue
134-821-6-1170-01 Passenger Facility Charges 22,980
134-821-6-2650-70 Federal Grant - Capital - Transportation 223,020 Increase Expenditures
134-821-4582-21
Design - Runway 16/34 Lighting &
Shoulder Improvements $ 250,000
Total $ 250,000 $ 250,000
THAT the purpose is to appropriate $250,000 for the design phase of the Runway 16/34 lighting and shoulder improvements project for fiscal year 2022-23 I HEREBY CERTIFY that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Redding on the _________ day of ___________, 2023 and was duly adopted at said meeting by the following vote:

Packet Pg. 351 Attachment: ^Resolution No 94 (4.2(e)--Budget Amendment for Runway Lighting and Shoulder Improvements) AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

MICHAEL DACQUISTO, Mayor
ATTEST: FORM APPROVAL:

PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 352 Attachment: ^Resolution No 94 (4.2(e)--Budget Amendment for Runway Lighting and Shoulder Improvements)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions:
(1) Approve the participation of Redding Electric Utility in a Multi-Task General Services Agreement between the Northern California Power Agency and Siemens Energy, Inc. for long-term maintenance and upgrades on the distributed control system at the Redding Power Plant;
(2) Authorize the City Manager, or designee, to execute the Confirmation Agreement and any associated documents and amendments necessary to administer the project and complete the work; and
(3) Find that participation in this Agreement is exempt from review under the California Environmental Quality Act pursuant to Sections 15301 (Existing Facilities).

Fiscal Impact
The Multi-Task General Services Agreement results in an annual budgetary impact of $211,810.65, with a five-year total cost not-to-exceed $1,164,958.55. The Support Services amount includes the proposal amount of $1,059,053.23, which includes a 10 percent contingency of $105,905.32. Funds for the yearly service are included in the Redding Electric Utility (REU) Department’s requested Fiscal Year 2023-25 Biennial Budget and will be included in subsequent biennial budget requests.

Alternative Action
The City Council could choose not to approve of participation in the Multi-Task General Services Agreement and provide alternative direction to staff.

MEETING DATE: June 20, 2023
ITEM NO. 4.5(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems
Nick Zettel, Director of
Redding Electric Utility
Packet Pg. 353
Report to Redding City Council June 14, 2023
Re: 4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control SystemsPage 2 Background/Analysis
Under the Northern California Power Agency (NCPA) Support Services Program Agreement, NCPA offers various support services to its members through their Multi-Task General Services Agreement between NCPA and the Vendors. These support services may include but are not limited to joint purchasing, power marketing, and analysis, customer services and billing, power plant operations, and other forms of assistance and professional services relating to the operation of a publicly-owned electric utility. To utilize these services, a member will complete a member task request form and submit it along with any proposal received. The information on the form enables the development of a Confirmation Under the NCPA Support Services Program Agreement (Confirmation), which is signed on behalf of the Member by its Designated Representatives and NCPA (Confirmation and Proposal are attached).

The Redding Power Plant utilizes T3000, a Siemens Energy, Inc. (SEI) distributed controls system (DCS) software and hardware product, to operate and monitor the Redding Power Plant generating units. The DCS requires regular security updates, hardware maintenance, and replacement, as well as software upgrades, to remain supportable by SEI, to maintain an adequate cybersecurity posture, and ensure reliable operation. SEI is the only vendor capable of performing any work on the T3000 DCS because it is proprietary to SEI.

The current DCS software version will reach the end of the SEI active maintenance cycle in 2027. The DCS software must be upgraded at that time to the most recent version to continue receiving adequate vendor support. With generating units similar to REU, NCPA has been seeking a solution with SEI for long-term maintenance and support of their T3000 system and has negotiated a reduced rate for services contingent upon participation by multiple power plants.

REU will benefit from this reduced rate by participating with NCPA and securing discounted rates through joint purchasing power.

Compared to a stand-alone agreement, through the NCPA General Services Agreement, total savings are estimated at $212,000 over the five-year maintenance cycle. An additional benefit of the NCPA agreement is locking in the T3000 DCS software upgrade cost at the 2023 rate.

Locking in the software upgrade cost avoids annual software price increases of 3 to 5 percent, which is typical for the software industry.

This agreement includes the following:
- Cybersecurity services including malware and security patch updates - 40 hours of remote hotline support and 2 remote diagnostics checkups per year - Realtime instrumentation and controls diagnostics
- 10% discount on field service and 25% discount on parts - Software and hardware upgrade in 2027 (including installation): $525,612 cost at 2023 rate amortized over the life of the agreement
Environmental Review
As this Agreement will renew existing services at the Redding Power Plant, this project is categorically exempt from review under the California Environmental Quality Act pursuant to Section 15301 Existing Facilities.

Council Priority/City Manager Goals
Packet Pg. 354
Report to Redding City Council June 14, 2023
Re: 4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control SystemsPage 3 This is a routine operational item
Attachments
Agreement
City of Redding version upgrade Proposal
Confirmation under the NCPA Support Services Program Agreement Packet Pg. 355

MULTI-TASK

GENERAL SERVICES AGREEMENT BETWEEN

THE NORTHERN CALIFORNIA POWER AGENCY AND
SIEMENS ENERGY, INC.

This Multi-Task General Services Agreement ("Agreement') is made by and between the Northern California Power Agency, a joint powers agency with its main office located at 651 Commerce Drive, Roseville, CA 95678-6420 ("Agency") and Siemens Energy, Inc., a Delaware corporation with its office located at 100 Technology Parkway, Alpharetta, GA 30005 ("Contractor") (together sometimes referred to as the "Parties") as of A-f C \ \ d] , 2023 ("Effective Date") in Roseville, California.

Section 1. SCOPE OF WORK. Subject to the terms and conditions set forth in this Agreement, Contractor is willing to provide to Agency the range of services and/or goods described in the Scope of Work attached hereto as Exhibit A and incorporated herein ("Work").

1.1 Term of Agreement. The term of this Agreement shall begin on the Effective Date and shall end when Contractor completes the Work, or no later than five (5) years from the date this Agreement was signed by Agency, whichever is shorter, unless extended in writing by mutual agreement of the Parties to complete a specific outstanding Purchase Order or terminated earlier in accordance with Section 8 ("Termination") below.

1.2 Standard of Performance. Contractor shall perform the Work in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged and for which Contractor is providing the Work. Contractor represents that it is licensed, qualified and experienced to provide the Work set forth herein.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Work. In the event that Agency, in its sole discretion, at any time during the term of this Agreement, requests the reassignment of any such personnel, Contractor shall, immediately upon receiving written notice from Agency of such request, reassign such personnel. Contractor shall ensure all personnel assigned to perform the Work meet and follow the requirements specified below for unescorted physical or electronic access:
• Complete a Personnel Risk Assessment, provided by the Contractor, comprised of the following: 1) verification of identification, (2) criminal history reference check for the previous seven (7) years, and 3) written confirmation that the results of the criminal history reference check are within the acceptance criteria defined by Agency and included in Exhibit C, and • Complete an initial security training and annual training thereafter, both of which will be provided by Agency.

Contractor shall notify Agency within 24 hours of voluntary separation or termination of one of its personnel who has been granted unescorted physical or Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy, Inc.

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Packet Pg. 356 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) electronic access to Agency facilities or systems. And, Contractor shall notify the Agency within 24 hours of any lost or stolen Agency issued badges or electronic access authenticators. Failure to timely notify Agency of voluntary termination or separation, or loss of access badge or authenticator may be considered by Agency as Contractor breach of this Agreement allowing Agency to immediately terminate this Agreement without liability to Agency pursuant to the provisions set forth in Section 8.

1.4 Work Provided. Work provided under this Agreement by Contractor may include Work directly to the Agency or, as requested by the Agency and consistent with the terms of this Agreement, to Agency members, Southern California Public Power Authority ("SCPPA") or SCPPA members.

1.5 Request for Work to be Performed. At such time that Agency determines to have Contractor perform Work under this Agreement, Agency shall issue a Purchase Order. The Purchase Order shall identify the specific Work to be performed ("Requested Work"), may include a not-to-exceed cap on monetary cap on Requested Work and all related expenditures authorized by that Purchase Order, and shall include a time by which the Requested Work shall be completed. Contractor shall have seven calendar days from the date of the Agency's issuance of the Purchase Order in which to respond in writing that Contractor chooses not to perform the Requested Work. If Contractor agrees to perform the Requested Work, begins to perform the Requested Work, or does not respond within the seven-day period specified, then Contractor will have agreed to perform the Requested Work on the terms set forth in the Purchase Order, this Agreement and its Exhibits.

1.6 Changes in Name, Ownership, or Control. Contractor shall notify the Agency in writing of any change in name, ownership or control of Contractor's corporation. Changes in the name will require an amendment to this Agreement.

Section 2. COMPENSATION. Agency hereby agrees to pay Contractor an amount NOT TO EXCEED SIX MILLION dollars ($6,000,000.00) for the Work, which shall include all fees, costs, expenses and other reimbursables, as set forth in Contractor's fee schedule, attached hereto and incorporated herein as Exhibit 8. This dollar amount is not a guarantee that Agency will pay that full amount to the Contractor, but is merely a limit of potential Agency expenditures under this Agreement.

2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• The beginning and ending dates of the billing period; • Work performed;
• The Purchase Order number authorizing the Requested Work; • At Agency's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

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Packet Pg. 357 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense, with supporting documentation, to Agency's reasonable satisfaction; • At Agency's option, the total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing work hereunder.

Invoices shall be sent to:

Northern California Power Agency
651 Commerce Drive
Roseville, California 95678
Attn: Accounts Payable
[email protected]

2.2 Monthly Payment. Agency shall make monthly payments, based on invoices received, for Work satisfactorily performed, and for authorized reimbursable costs incurred. Agency shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.

2.3 Payment of Taxes. Contractor is solely responsible for the payment of all federal, state and local taxes, including employment taxes, incurred under this Agreement. The dollar amount set forth and authorized in a Purchase Order does not include any state or local sales or use taxes. Such sales or use taxes are for the account of Agency and Agency agrees to pay any sales or use tax to reimburse Contractor consistent with the payment terms set forth herein. Should Agency be exempted from any such tax, it shall provide Contractor certification thereof no later than the effective date of the Purchase Order. Contractor shall split labor vs. material costs on any invoice submitted so it is clear what items are taxable and shall identify any taxable items. All other taxes at any level of government are for the account of Contractor. ·

2.4 Authorization to Perform Work. The Contractor is not authorized to perform any Work or incur any costs whatsoever under the terms of this Agreement until receipt of a Purchase Order from the Contract Administrator.

2.5 Timing for Submittal of Final Invoice. Contractor shall have ninety (90) days after completion of the Requested Work to submit its final invoice for the Requested Work. In the event Contractor fails to submit an invoice to Agency for any amounts due within the ninety (90) day period, Contractor is deemed to have waived its right to collect its final payment for the Requested Work from Agency.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the Work.

Section 4. INSURANCE REQUIREMENTS. Before beginning any Work under this Agreement, Contractor, at its sole cost and expense, shall procure and maintain the types and Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

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Packet Pg. 358 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) amounts of insurance listed below with insurance companies having an AM. Best rating of ANlll or better, or otherwise acceptable to Agency. Contractor and shall maintain the types and amount of insurance listed below for the period covered by this Agreement, unless otherwise specified below.

4.1 Workers' Compensation & Employer's Liability Insurance. If Contractor employs any person, Contractor shall maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance in compliance with all applicable federal, state and local laws, regulations and statutes, for any and all persons employed directly or indirectly by Contractor. Contractor shall maintain Employer's Liability insurance with limits of not less than one million dollars ($1,000,000.00) for bodily injury by per accident, $1,000,000 for bodily injury by disease (each employee), $1,000,000 for bodily injury by disease (policy limit).

4.2 Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with limits of $2,000,000 per occurrence, $2,000,000 in the aggregate. Coverage shall be at least as broad as ISO Form CG 00 01 04 13, or other equivalent form acceptable to Agency. Productscompleted operations coverage shall apply through the expiration of all applicable statutes of limitation and statutes of repose. Such coverage shall include, with no sublimit: broad form third party bodily injury, including death; broad form property damage, including loss of use thereof; premises & operations; contractual liability, including tort liability of another assumed in a written agreement; liability for work within 50 feet of a railroad or railroad right of way; independent contractors; sudden & accidental pollution liability; fire, explosion and underground damage (XCU coverage); and include defense coverage outside the limits.

4.3. Business Automobile Liability. Contractor shall maintain automobile liability insurance for all owned, non-owned, hired and leased vehicles, including loading and unloading, with limits no less than $1,000,000 combined single limit for bodily injury and property damage. Coverage shall be at least as broad as form CA 0001 (current edition). If the work includes transportation of hazardous materials, coverage shall include pollution coverage on ISO Form CA 99 48, or its equivalent. If the work includes transportation hazardous waste, a compliant MCS-90 shall be endorsed. for the term of this Agreement covering any loss or liability, including the cost of defense of any action, arising from the operation, maintenance or use of any vehicle (symbol 1), whether or not owned by the Contractor, on or off Agency premises. The policy shall provide a limit of $2,000,000 per each accident. This insurance shall provide contractual liability covering all motor vehicles and mobile equipment to the extent coverage may be excluded from general liability insurance.

4.4 Umbrella/Excell Liability Insurance. Contractor shall maintain umbrella/excess liability insurance on a follow-form basis, including drop down coverage, with limits of $5,000,000 per occurrence/aggregate. Such coverage shall be on an occurrence form and shall provide coverage in excess of the Employer's Liability, Commercial General Liability, and Automobile Liability insurance. Such coverage Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

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Packet Pg. 359 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) shall not contain any endorsements that restrict the underlying policies or exclude cross liability. The coverage amounts set forth above in Sections 4.2 and

4.3 may be met by a combination of underlying and umbrella policies as long as in combination the limits equal or exceed those stated.

4.5 Not Applicable (Professional Liability).

4.6 Not Applicable (Pollution Insurance).

4. 7 Not Applicable (Aircraft Liability).

4.8 Cyber Risk Liability. lf Contractor has access to Agency's IT systems or critical cyber assets, Contractor shall, at its own expense, procure and maintain in full force at all times during the term of each Purchase Order, Cyber Liability and Information Technology Errors and Omissions Insurance {IT E&O), including coverage for loss/violation of data, media liability, privacy liability, and network security breach. Contractor's Cyber Liability insurance shall include coverage for Contractor's legal liability for financial losses caused by an information security breach, including loss of data, data deletion or data manipulation, as well as interruptions to Contractor's operations related to network security breaches, with a limit of $5,000,000 each occurrence and in the aggregate. Such coverage shall include Contractor's legal liability for losses in connection to the transfer of malware to Agency's systems or the publication of sensitive data (e.g. personal data or business secrets). Contractor's IT E&O insurance shall include coverage for Contractor's legal liability for financial loss of the Agency caused by the Contractor's Software products and IT-related services, with a limit of $5,000,000 each claim and $10,000,000 in the annual aggregate. Contractor shall have the right to maintain these coverages outside of the U.S. through a corporate affiliate.

4.9 All Policies Requirements.

4.9.1 Additional Insured. Agency shall be included as additional insureds on each of the Contractor's policies except for Workers' Compensation and Professional Liability. The additional insured protection for the commercial general liability and umbrella/excess liability shall include both ongoing and completed operations coverage. Additional insured coverage shall not be limited to the minimum amounts of insurance required by written agreement and shall extend through the expiration of all applicable statutes of limitation and statutes of repose.

4.9.2 Primary/Non-Contributory. Contractor's insurance coverage shall be primary and any insurance or self-insurance of Agency shall be excess and non-contributory to Contractor's coverage.

4.9.3 Severability of Interests. All Contractor policies shall provide, or be endorsed to include, a severability of interests provision. There shall be no exclusion for cross liability.

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

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Packet Pg. 360 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems)

4.9.4 Deductibles. Contractor is responsible for payment of all deductibles and self-insured retentions.

4.9.5 Verification of coverage. Prior to beginning any work under this Agreement, 5 business days prior to insurance coverage renewals, and upon Agency's written request, Contractor shall provide Agency with (1) a Certificate of Insurance that demonstrates compliance with all applicable insurance provisions contained herein and (2) waiver of subrogation, additional insured and primary/non-contributory policy endorsements.

Agency's review of coverage does not relieve Contractor of the requirements of Section 4. Furthermore, Contractor agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, Agency may either (i) immediately terminate this Agreement pursuant to Section 8, or (ii) upon reasonable prior notice allowing Contractor an opportunity to cure, take out the necessary insurance and pay the premium(s) thereon at Contractor's expense, provided such premiums shall not exceed what Contractor would have otherwise paid for such coverage. Agency reserves the right to obtain a full certified copy of any insurance policy endorsement. Failure to exercise this right shall not constitute a waiver of the right to exercise later

4.9.6 Notice of Reduction in or Cancellation of Coverage. Contractor shall provide at least thirty (30) days prior written notice to Agency of any reduction in scope or amount, cancellation, or modification adverse to Agency of the policies referenced in Section 4.

4.9. 7 Higher Limits. If Contractor maintains higher limits than the minimums specified herein pursuant to revised insurance provisions set forth and agreed in a particular Purchase Order, the Agency shall be entitled to coverage for the higher limits maintained by the Contractor.

4.9.8 Additional Certificates and Endorsements. If Contractor performs Work for Agency members, SCPPA and/or SCPPA members pursuant to this Agreement, Contractor shall provide the certificates of insurance and policy endorsements, as referenced in Section 4.5.1, naming the specific Agency member, SCPPA and/or SCPPA member for which the Work is to be performed.

4.9.8 Waiver of Subrogation. Contractor agrees to waive, and shall cause all of its insurers and subcontractors to waive, all rights of subrogation and set-off against Agency. All insurance policies shall be endorsed to provide such waivers of subrogation.

4.1 O Contractor's Obligation. Contractor shall be solely responsible for ensuring that all equipment, vehicles and other items utilized by Contractor in the performance of Work are operated, provided or otherwise utilized in a manner that ensures they are and remain covered by the policies referenced in Section 4 during this Agreement. Contractor shall also ensure that all workers involved in Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

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Packet Pg. 361 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) the provision of Work are properly classified as employees, agents or independent contractors and are and remain covered by any and all workers' compensation insurance required by applicable law during this Agreement.

Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES.

5.1 Effect of Insurance. Agency's acceptance of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this section and that it is a material element of consideration.

5.2 Scope. Contractor shall indemnify, defend with counsel reasonably acceptable to the Agency, and hold harmless the Agency, and its officials, commissioners, officers, employees, agents and volunteers from and against all losses, liabilities, claims, demands, suits, actions, damages, expenses, penalties, fines, injuries, taxes, costs (including without limitation costs and fees of litigation), judgments and causes of action from and against claims for personal injury (including disease, sickness, and death) and for physical damage to or loss of property to the extent caused by the acts or omissions or willful misconduct of Contractor, its officials, officers, employees, or agents. Notwithstanding, should this Agreement be construed as a construction agreement under Civil Code section 2783, then the exception referenced above shall also be for the active negligence of Agency. Contractor acknowledges that Agency would not enter into this Agreement in the absence of Contractor's commitment to indemnify and protect Agency as set forth herein.

In no event shall Contractor's obligations under this indemnity provision apply to any claim by a customer of Agency for voltage or frequency fluctuation or service interruption of any kind, or to any claim by any third party for failure of Agency to provide power or capacity under any contract, and provided further that in no event shall the term "third party" as used in this paragraph apply to any affiliate or lender of Agency or any transferee of some . or all of the Work.

The Party seeking the indemnification shall promptly give written notice to the other Party of any third party action for which indemnification is being sought and provide the other Party with the opportunity to participate in all settlement negotiations respecting such claim.

5.3 Not Used.

5.4 Offset Compensation. Agency shall have the right to offset against any compensation due Contractor under this Agreement any amount due Agency from Contractor as a result of Contractor's failure to pay Agency promptly any indemnification arising under this Section 5 of this Agreement and any amount due Agency from Contractor arising from Contractor's failure either to (i) pay Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

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Packet Pg. 362 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

Section 6. STATUS OF CONTRACTOR.

6.1 Independent Contractor. Contractor is an independent contractor and not an employee of Agency. Agency shall have the right to control Contractor only insofar as the results of Contractor's Work and assignment of personnel pursuant to Section 1; otherwise, Agency shall not have the right to control the means by which Contractor accomplishes Work rendered pursuant to this Agreement.

Notwithstanding any other Agency, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by Agency, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of Agency and entitlement to any contribution to be paid by Agency for employer contributions and/or employee contributions for PERS benefits.

Contractor shall indemnify, defend, and hold harmless Agency for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Agency. Contractor and Agency acknowledge and agree that compensation paid by Agency to Contractor under this Agreement is based upon Contractor's estimated costs of providing the Work, including salaries and benefits of employees, agents and subcontractors of Contractor.

Contractor shall indemnify, defend, and hold harmless Agency from any lawsuit, administrative action, or other claim for penalties, losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such claims, whether directly or indirectly, due to Contractor's failure to secure workers' compensation insurance for its employees, agents, or subcontractors.

Contractor agrees that it is responsible for the provision of group healthcare benefits to its fulltime employees under 26 U.S.C. § 4980H of the Affordable Care Act. To the extent permitted by law, Contractor shall indemnify, defend and hold harmless Agency from any penalty issued to Agency under the Affordable Care Act resulting from the performance of the Services by any employee, agent, or subcontractor of Contractor.

6.2 Contractor Not Agent. Except as Agency may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of Agency in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind Agency to any debt, obligation or Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

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Packet Pg. 363 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) liability whatsoever. Contractor shall not represent that it is, or that any of its agents or employees are, in any manner agents or employees of Agency.

6.3 Assignment and Subcontracting. This Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor's unique professional competence, experience, and specialized professional knowledge. A substantial inducement to Agency for entering into this Agreement was and is the personal reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Agency. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors identified in Exhibit A, without prior written approval of the Agency. Where written approval is granted by the Agency, Contractor shall supervise all work subcontracted by Contractor in performing the Work and shall be responsible for all work performed by a subcontractor as if Contractor itself had performed such work. The subcontracting of any work to subcontractors shall not relieve Contractor from any of its obligations under this Agreement with respect to the Work and Contractor is obligated to ensure that any and all subcontractors performing any Work shall be fully insured in all respects and to the same extent as set forth under Section 4, to Agency's satisfaction. Contractor shall be liable and accountable for all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement.

Agency shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.

6.4 Certification as to California Energy Commission. If requested by the Agency, Contractor shall, at the same time it executes this Agreement, execute Exhibit C.

6.5 Certification as to California Energy Commission Regarding Hazardous Materials Transport Vendors. If requested by the Agency, Contractor shall, at the same time it executes this Agreement, execute Exhibit D.

6.6 Maintenance Labor Agreement. If the Work is subject to the terms of one or more Maintenance Labor Agreements, which are applicable only to certain types of construction, repair and/or maintenance projects, then Contractor shall execute Exhibit E and/or similar documentation as to compliance.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7 .2 Compliance with Aoolicable Laws. Contractor and its subcontractors and agents, if any, shall comply with all laws applicable to the performance of the work hereunder. In the event of changes in law after the effective date of an issued Purchaser Order require changes in the Work to be performed under such Multi-Task General Services Agreement between
Northern California PowerAgency and Siemens Energy Inc.

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Packet Pg. 364 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) Purchase Order, such changes shall be addressed pursuant to a written change order to such Purchase Order.
7 .3 Licenses and Permits. Contractor represents and warrants to Agency that Contractor and its employees, agents, and subcontractors (if any) have and will maintain at their sole expense during the term of this Agreement all licenses, permits, qualifications, and approvals of whatever nature that are legally required to be in their name to practice their respective professions.

7.4 Monitoring by DIR. The Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations and Division of Labor Standards Enforcement (Labor Commissioner's Office).
7 .5 Not Used.

7.6 Registration with DIR. During the term of this Agreement, Contractor warrants that it is registered with the Department of Industrial Relations and qualified to perform Work consistent with Labor Code section 1725.5.

7. 7 Prevailing Wage Law. This Agreement is subject to the requirements of the prevailing wage laws, including, but not limited to, Labor Code Section 1720 et seq., and Labor Code Section 1770 et seq., as well as Code of Regulations, Title 8, Section 16000 et seq., which require payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Contractor shall defend, indemnify, and hold harmless Agency, and its officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of failure or alleged failure of Contractor to comply with such prevailing wage laws.

In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code must be paid to all workers engaged in performing the Work. In accordance with California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for the locality in which the Work is to be performed; the Agency has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the project; and copies of the prevailing rate of per diem wages are on file at the Agency and will be made available on request. Throughout the performance of the Work, Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the Work. Contractor assumes all responsibility for such payments and shall defend, indemnify and hold the Agency harmless from any and all claims made by the State of California, the Department of Industrial Relations, any subcontractor, any worker or any other third party with regard thereto.

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
GS-VEN-2022-075

Packet Pg. 365 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) Section 8.

8.1 Additionally, in accordance with the California Administrative Code, Title 8, Group 3, Article 2, Section 16000, Publication of Prevailing Wage Rates by Awarding Bodies, copies of the applicable determination of the Director can be found on the web at: http://www.dir.ca.gov/DLSR/PWD/ and may be reviewed at any time.

Contractor shall provide a certified copy of its payroll, on forms to be determined by the Agency and consistent with the Labor Code, within ten (10) days of the Contractor's receipt of Agency's written request therefor. Contractor's failure to timely comply with this provision may subject the Contractor to penalties pursuant to state law.

7.7.1 Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, the Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification.

7.7.2 Forfeiture. Contractor shall forfeit as a penalty to Agency Two Hundred Dollars ($200.00), or any greater penalty provided in the Labor Code, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under this Agreement employed in the performance of the Scope of Services by Contractor or by any subcontractor of Contractor in violation of the provisions of the Labor Code. In addition, the difference between such 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 Contractor.

TERMINATION AND MODIFICATION.

Termination. Agency may cancel this Agreement at any time and without cause upon ten (10) days prior written notice to Contractor.

In the event of termination, Contractor shall be entitled to compensation for Work satisfactorily completed as of the effective date of termination; Agency, however, may condition payment of such compensation upon Contractor delivering to Agency any or all records or documents (as referenced in Section 9.1 hereof).

Contractor will also be entitled to any additional expense incurred by reason of termination or cancellation of written agreements between Contractor and its suppliers. Contractor will make every reasonable effort to minimize such costs upon termination. Payments made by Agency and received by Contractor prior to the date of termination will be credited against the amount due. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement.

8.2 Amendments. The Parties may amend this Agreement only by a writing signed by both of the Parties.

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
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Packet Pg. 366 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems)

8.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between Agency and Contractor and pertaining to the handling and non-disclosure of confidential information shall survive the termination of this Agreement unless specifically provided otherwise in this Agreement.

8.4 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, including but not limited to those set forth in Section 4, and provided Contractor has not substantially commenced cure of such default within ten (10) days after receipt of written notice of default, Agency's remedies shall include, but not be limited to, the following:

Section 9.

9.1 8.4.1 Immediately terminate the Agreement;

8.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;

8.4.3 Retain a different Contractor to complete the Work not finished by Contractor; and/or

8.4.4 Charge Contractor the difference between the costs to complete the Work that is unfinished at the time of breach and the amount that Agency would have paid Contractor pursuant hereto if Contractor had completed the Work. Agency shall use its best efforts to mitigate the cost for completion of such Work.

RECORDS, CONFIDENTIALITY, SECURITY AND NOTIFICATION.

Keeping and Status of Records.

9.1.1 Records Created as Part of Contractor's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement ("Agency Records") and that relate to the matters covered hereunder shall be the property of the Agency.

Contractor hereby agrees to deliver those documents to the Agency upon termination of the Agreement. Agency and Contractor agree that, unless approved by Agency in writing, Contractor shall not release to any nonparties to this Agreement any data, plans, specifications, reports and other documents. Furthermore, Contractor shall not use Agency Records for any purpose other than to facilitate this Agreement.

9.1.2 Contractor's Books and Records. Contractor shall maintain any and all records or other documents evidencing or relating to charges for Work or expenditures and disbursements charged to the Agency under this Multi-Task General Services Agreement between GS-VEN-2022-075 Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019

Packet Pg. 367 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor under this Agreement.

9.1.3 Inspection and Audit of Records. Any records or documents that this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the Agency. Under California Government Code Section 8546. 7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of Agency or as part of any audit of the Agency, for a period of three (3) years after final payment under this Agreement.

9.2 Confidential Information and Disclosure.

9.2.1 Confidential Information. The term "Confidential Information", as used herein, shall mean any and all confidential, dam safety, Critical Energy/Electrical Infrastructure Information (CEll)1, proprietary, proprietary, or trade secret information, whether written, recorded, electronic, oral or otherwise, where the Confidential Information is made available in a tangible medium of expression and marked in a prominent location as confidential, proprietary and/or trade secret information.

Confidential Information shall not include information that: (a) was already known to the Receiving Party or is otherwise a matter of public knowledge, (b) was disclosed to Receiving Party by a third party without violating any confidentiality agreement, (c) was independently developed by Receiving Party without reverse engineering, as evidenced by written records thereof, or (d) was not marked as Confidential Information in accordance with this section.
1 CEii is specific engineering, vulnerability, or detailed design information about proposed or existing critical infrastructure (physical or virtual) that:

1. Relates details about the production, generation, transmission, or distribution of energy;

2. Could be useful to a person planning an attack on critical infrastructure;

3. Is exempt from mandatory disclosure under the Freedom of Information Act; and

4. Gives strategic information beyond the location of the critical infrastructure.

Critical energy/electric infrastructure means a system or asset of the bulk-power system, (physical or virtual) the incapacity or destruction of which would negatively affect:
• national security,
• economic security,
• public health or safety, or
• any combination of such matters.
(Critical Energy/Electric Infrastructure Information CCEII) I Federal Energy Regulatory Commission (fore. gov), Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

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Packet Pg. 368 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems)

9.2.2 Restricted Use of Confidential Information. A party shall not use Confidential Information for any purpose other than to facilitate this Agreement

9.2.3 Non-Disclosure of Confidential Information. During the term of this Agreement, either party may disclose (the "Disclosing Party") Confidential Information to the other party (the "Receiving Party"). The Receiving Party: (a) shall hold the Disclosing Party's Confidential Information in confidence and with the same degree of care it uses to protect its own confidential information, but in no event using less than a reasonable standard of care; (b) shall not disclose Confidential Information to any employee or contractor unless such person needs access in order to facilitate the Agreement,; and (c) shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Confidential Information.

9.2.4 Permitted Disclosure. Notwithstanding the foregoing, the following disclosures of Confidential Information are allowed. Receiving Party shall endeavor to provide prior written notice to Disclosing Party of any permitted disclosure made pursuant to Section 9.2.4.2 or 9.2.4.3.

Disclosing Party may seek a protective order, including without limitation, a temporary restraining order to prevent or contest such permitted disclosure; provided, however, that Disclosing Party shall seek such remedies at its sole expense. Neither party shall have any liability for such permitted disclosures:

9.2.4.1 Disclosure to employees, agents, contractors, subcontractors or other representatives of Receiving Party that have a need to know in connection with this Agreement.

9.2.4.2 Disclosure in response to a valid order of a court, government or regulatory agency or as may otherwise be required by law; and

9.2.4.3 Disclosure by Agency in response to a request pursuant to the California Public Records Act.

9.2.5 Handling of Confidential Information. Upon conclusion or termination of the Agreement, Receiving Party shall return to Disclosing Party or destroy Confidential Information (including all copies thereof).

Notwithstanding the foregoing, the Receiving Party may retain copies of such Confidential Information, subject to the confidentiality provisions of this Agreement in files of Receiving Party's representatives where such copies are necessary to comply with applicable law.

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
GS-VEN-2022-075

Packet Pg. 369 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems)

9.2.6 Unauthorized Disclosure.

9.2.6.1 Security Breach. Security Breach means (a) any actual or reasonably suspected unauthorized use of, loss of, access to or disclosure of Agency Records or Agency Confidential Information or (b) security breach (or substantially similar term) as defined with applicable law.

9.2.6.2 Action Upon Unauthorized Disclosure. If either party believes there has been a Security Breach, such party must notify the other party upon the earlier of forty-eight (48) hours after discovery or any timeframe required by applicable law unless legally prohibited from doing so. Each party will reasonably assist the other party in mitigating or remediating any potential damage where appropriate.

Each party shall bear the costs of such remediation or mitigation to the extent the breach or security incident was caused by it or if such part is the recipient of the Security Breach. As soon as reasonably practicable after any such Security Breach, Agency and Contractor will consult in good faith regarding the root cause analysis and any remediation efforts.

9.3 Cyber Security. Contractor agrees to abide by Agency's CIP-0132 policies, processes, and procedures as outlined below for completing the Work. In addition, Contractor takes all responsibility and liability to ensure all Work is free from malicious code when delivered to Agency. Malicious code means viruses, worms, timebombs, trojan horses and other malicious code, files, scripts, agents or programs. In addition, Contractor shall take all of the following actions.

9.3.1 Notification. Contractor shall notify Agency of Contractor-identified incidents related to the Work provided to Agency that pose cyber security risk to Agency through the Siemens Energy CERT.

Contractor is required to notify Agency of identified, or successful breaches or vulnerabilities of Contractor's products, software, systems, components, or services through the Siemens Energy CERT.

Contractor's notification on the Siemens Energy CERT will also provide Agency with mitigations, controls, patches, components Agency can implement to prevent and/or correct the identified breach, issue, or incident.

Contractor shall provide all notifications to:
2See North American Transmission Forum, NATF CIP 013 Implementation Guidance; Supply Chain Risk Management Plans (available at natf-cip-013-implementation-guidance-supply-chain-riskmanagement-plans.pdf) .

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
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Packet Pg. 370 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) NCPA Security
Email: [email protected]
Northern California Power Agency
651 Commerce Drive
Roseville, CA 95678
With a copy to:

Contract Administrator
Assistant General Manager, Generation Services
Northern California Power Agency
651 Commerce Drive
Roseville, CA 95678

9.3.2 Coordination. Contractor shall coordinate responses to Contractoridentified incidents related to the Work provided to Agency that pose cyber security risk to Agency.

As stated in Section 9.3.1, Contractor is required to notify Agency of any breaches or vulnerabilities related to Contractor's products or services. In the event Contractor's products or services pose a cyber security risk to Agency or otherwise cause a cyber security incident for Agency through the Siemens Energy CERT, Contractor is required to provide on the Siemens Energy CERT potential actions for Agency to mitigate and correct the cyber security risk, breach or vulnerability.

As applicable, Contractor shall provide Agency with:
• List of Contractor's specific products or services at risk • Precautions, mitigations, or controls to minimize risks • Action plan to correct the risk
• Status reports (if risk is ongoing)
• Final resolution of issue

9.3.3 Remote or Onsite Access. Contractor shall notify Agency when remote or onsite access should no longer be granted to Contractor representatives.

Contractor will notify Agency within 24 hours:
• Contractor's employees, or Contractor's authorized subcontractors no longer require access.

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

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Packet Pg. 371 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) • Contractor's employees, or Contractor's authorized
subcontractors are no longer qualified to maintain access. • Contractor's employees', or Contractor's authorized
subcontractors' employment has ended or been terminated.

9.3.4. Disclosure of Vulnerabilities. Contractor shall promptly disclose known vulnerabilities related to the Work provided to Agency.

Contractor will provide Agency with summary documentation describing security breaches in Contractor's products or Contractor's supply chain impacting Agency's BES Cyber System. Contractor will also provide Agency with summary documentation describing any uncorrected security vulnerabilities.

Contractor's disclosure should be made to Agency within 48 hours of identifying the breach or vulnerability. The disclosure should include:
• Summary description of the breach or vulnerability
• Potential impact of the breach or vulnerability
• Root cause
• Corrective actions, compensating controls, mitigations, or other steps Agency should take as a result of the breach or vulnerability

9.3.5 Integrity and Authenticity. Contractor shall verify the integrity and authenticity of all software and patches provided by Contractor for use by Agency.

Provided Agency has an active subscription to the US Security Bundle (included in 2023 5yr CSA), Contractor agrees to provide Agency with all software and firmware updates to remediate vulnerabilities or weaknesses. Upon execution of this Contract, provided Agency has an active subscription to the US Security Bundle (included in 2023 5yr CSA), Contractor will provide Agency with Contractor's patch management and update process and software delivery documentation. The documentation should include a description of how Agency will verify the authenticity of software and validate the integrity of all patches provided by Contractor.

Provided Agency has an active subscription to the US Security Bundle (included in 2023 5yr CSA), Contractor will also provide Agency with Contractor's tentative schedule for releasing software and patch updates.

Contractor will provide Agency with instructions for applying, validating, and testing the updates and patches as part of the US Security Bundle subscription (included in 2023 5yr CSA).

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
GS-VEN-2022-075

Packet Pg. 372 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems)

9.3.6 Access Controls. Contractor shall coordinate controls with Agency for (a) Contractor-initiated interactive remote access, and (b) system to system remote access.

If Contractor uses remote access, Contractor will provide Agency with the IP addresses, ports, and minimum privileges required to perform remote access services. Contractor agrees to use individual user accounts to limit access and permissions. Contractor also agrees to maintain Contractor's IT assets connecting to Agency's network with current updates to remediate vulnerabilities or weaknesses. Contractor and Contractor's employees agree to not disclose or share account credentials, passwords, or established connections.

Section 10. PROJECT SITE.

10.1 Operations at the Project Site. Each Project site may include the power plant areas, all buildings, offices, and other locations where Work is to be performed, including any access roads. Contractor shall perform the Work in such a manner as to cause a minimum of interference with the operations of the Agency; if applicable, the entity for which Contractor is performing the Work, as referenced in Section 1.4; and other contractors at the Project site and to protect all persons and property thereon from damage or injury. Upon completion of the Work at a Project site, Contractor shall leave such Project site clean and free of all tools, equipment, waste materials and rubbish, stemming from or relating to Contractor's Work.

10.2 Contractor's Equipment. Tools. Supplies and Materials. Contractor shall be solely responsible for the transportation, loading and unloading, and storage of any equipment, tools, supplies or materials required for performing the Work, whether owned, leased or rented. Neither Agency nor, if applicable, the entity for which Contractor is performing the Work, as referenced in Section 1.4, will be responsible for any such equipment, supplies or materials which may be lost, stolen or damaged or for any additional rental charges for such. Equipment, tools, supplies and materials left or stored at a Project site, with or without permission, is at Contractor's sole risk. Anything left on the Project site an unreasonable length of time after the Work is completed shall be presumed to have been abandoned by the Contractor. Any transportation furnished by Agency or, if applicable, the entity for which Contractor is performing the Work, as referenced in Section 1.4, shall be solely as an accommodation and neither Agency nor, if applicable, the entity for which Contractor is performing the Work, as referenced in Section 1.4, shall have liability therefor. Contractor shall assume the risk and is solely responsible for its owned, non-owned and hired automobiles, trucks or other motorized vehicles as well as any equipment, tools, supplies, materials or other property which is utilized by Contractor on the Project site. All materials and supplies used by Contractor in the Work shall be new and in good condition.

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
GS-VEN-2022-075

Packet Pg. 373 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems)

10.3 Use of Agency Equipment. Contractor shall assume the risk and is solely responsible for its use of any equipment owned and property provided by Agency and, if applicable, the entity for which Contractor is performing the Work, as referenced in Section 1.4, for the performance of Work.

Section 11. WARRANTY.

11.1 Nature of Work. In addition to any and all warranties provided or implied by law or public policy, Contractor warrants that all Work shall be free from defects in design and workmanship, and that Contractor shall perform all Work in accordance with applicable federal, state, and local laws, rules and regulations including engineering, construction and other codes and standards and prudent electrical utility standards, and in accordance with the terms of this Agreement.

11.2 Deficiencies in Work. In addition to all other rights and remedies which Agency may have, Agency shall have the right to require, and Contractor shall be obligated at its own expense to perform, all further Work which may be required to correct any deficiencies which result from Contractor's failure to perform any Work in accordance with the standards required by this Agreement. If during the term of this Agreement or the one (1) year period following completion of the Work, any equipment, supplies or other materials or Work used or provided by Contractor under this Agreement fails due to defects in material and/or workmanship or other breach of this Agreement, Contractor shall, upon any reasonable written notice from Agency, replace or repair the same to Agency's reasonable satisfaction.

11.3 Assignment of Warranties. Contractor hereby assigns to Agency all additional warranties, extended warranties, or benefits like warranties, such as insurance, provided by or reasonably obtainable from suppliers of equipment and material used in the Work.

11.4 Exclusivity of Warranties and Remedies. Exclusivity of Warranties and Remedies. The only warranties and guarantees made by Contractor are those expressly enumerated in this Section 11. Any other statements of fact or descriptions whether expressed in the Purchase Order, or any attachments or Appendices thereto, or in any quotations, proposals, specifications, drawings or manuals, or other documentation concerning the Scope of Work, whether in electronic form or hardcopy, shall not be deemed to constitute a warranty or guarantee of the Work or any part thereof. THE WARRANTIES AND GUARANTEES PROVIDED IN THIS SECTION 11 ARE EXCLUSIVE AND NO

OTHER WARRANTIES OR GUARANTEES OR CONDITIONS OF ANY KIND

APPLY, WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING ALL

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND All WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE), SHALL APPLY. Correction of defects in accordance with this Section 11 or a refund in accordance with this Section 11 in the manner and during the period provided herein shall constitute complete fulfillment of Agency's exclusive remedy for all the liabilities or responsibilities of Contractor and its Multi-Task General .Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

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Packet Pg. 374 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) subcontractors to Agency for defective or nonconforming Equipment, Software, or Work, whether the claims of Agency are based in contract, in tort (including negligence and strict liability), or otherwise. Notwithstanding the above, the responsibility and liability for patent violations or violations of Subsections 1.3 and 9.3 (all parts) regarding cyber or physical security are not limited by this Subsection 11.4.

Section 12. HEALTH AND SAFETY PROGRAMS. The Contractor shall establish, maintain, and enforce safe work practices, and implement an accident/incident prevention program intended to ensure safe and healthful operations under their direction. The program shall include all requisite components of such a program under Federal, State and local regulations and shall comply with all site programs established by Agency and, if applicable, the entity for which Contractor is performing the Work, as referenced in Section 1.4.

12.1 Contractor is responsible for acquiring job hazard assessments as necessary to safely perform the Work and provide a copy to Agency upon request.

12.2 Contractor is responsible for providing all employee health and safety training and personal protective equipment in accordance with potential hazards that may be encountered in performance of the Work and provide copies of the certified training records upon request by Agency. Contractor shall be responsible for proper maintenance and/or disposal of their personal protective equipment and material handling equipment.

12.3 Contractor is responsible for ensuring that its lower-tier subcontractors are aware of and will comply with the requirements set forth herein.

12.4 Agency, or its representatives, may periodically monitor the safety performance of the Contractor performing the Work. Contractors and its subcontractors shall be required to comply with the safety and health obligations as established in the Agreement. Non-compliance with safety, health, or fire requirements may result in cessation of work activities, until items in non-compliance are corrected. It is also expressly acknowledged, understood and agreed that no payment shall be due from Agency to Contractor under this Agreement at any time when, or for any Work performed when, Contractor is not in full compliance with this Section

12. 12.5 Contractor shall immediately report any injuries to the Agency site safety representative. Additionally, the Contractor shall investigate and submit to the Agency site safety representative copies of all written accident reports, and coordinate with Agency if further investigation is requested.

12.6 Contractor shall take all reasonable steps and precautions to protect the health of its employees and other site personnel with regard to the Work. Contractor shall conduct occupational health monitoring and/or sampling to determine levels of exposure of its employees to hazardous or toxic substances or environmental conditions. Copies of any sampling results will be forwarded to the Agency site safety representative upon request.

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
GS-VEN-2022-075

Packet Pg. 375 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems)

12. 7 Contractor shall develop a plan to properly handle and dispose of any hazardous wastes, if any, Contractor generates in performing the Work.

12.8 Contractor shall advise its employees and subcontractors that any employee who jeopardizes his/her safety and health, or the safety and health of others, may be subject to actions including removal from Work.

12.9 Contractor shall, at the sole option of the Agency, develop and provide to the Agency a Hazardous Material Spill Response Plan that includes provisions for spill containment and clean-up, emergency contact information including regulatory agencies and spill sampling and analysis procedures. Hazardous Materials shall include diesel fuel used for trucks owned or leased by the Contractor.

12.10 If Contractor is providing Work to an Agency Member, SCPPA or SCPPA member (collectively "Member'' solely for the purpose of this section) pursuant to Section 1.4 hereof, then that Member shall have the same rights as the Agency under Sections 12.1, 12.2, 12.4, 12.5, and 12.6 hereof.

Section 13. MISCELLANEOUS PROVISIONS.

13.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

13.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Placer or in the United States District Court for the Eastern District of California.

13.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

13.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

13.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

13.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of Agency or whose business, regardless of location, would place Contractor in a "conflict of interest," as that term is defined Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

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Packet Pg. 376 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Contractor shall not employ any Agency official in the work performed pursuant to this Agreement. No officer or employee of Agency shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Contractor represents that it has advised Agency in writing prior to the date of signing this Agreement of any known relationships with third parties, Agency members, or employees of Agency which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090 et seq., the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Contractor from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

13. 7 Contract Administrator. This Agreement shall be administered by the Assistant General Manager, Generation Services, or his/her designee, ("Contract Administrator") who shall act as the Agency's representative. All correspondence shall be directed to or through the representative. Agency reserves the right to change this designation upon written notice to Contractor.

13.8 Notices. Any written notice to Contractor shall be sent to:

Siemens Energy, Inc.

Attention: Jeff Miller, General ManagerNP
100 Technology Parkway
Alpharetta, GA 30005
Any written notice to Agency shall be sent to:

Randy S. Howard
General Manager
Northern California Power Agency
651 Commerce Drive
Roseville, CA 95678
With a copy to:

Jane E. Luckhardt
General Counsel
Northern California Power Agency
651 Commerce Drive
Roseville, CA 95678

13.9 Professional Seal. Where applicable in the determination of the Agency, the first page of a technical report, first page of design specifications, and each page Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

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Packet Pg. 377 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

13.10 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between Agency and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.

13.11 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, Agency and Contractor agree to resolve the dispute in accordance with the following:

13.11.1 13.11.2

13.11.3 13.11.4

13.11.5 13.11.6
Each party shall designate a senior management or executive level representative to negotiate any dispute;
The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

If the issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between legal counsel. If the above process fails, the Parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.

The mediation process shall provide for the selection within fifteen (15) days by both Parties of a disinterested third person as mediator, shall be commenced within thirty (30) days and shall be concluded within fifteen (15) days from the commencement of the mediation.

The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either Party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900 et seq.

13.12 Controlling Provisions. In the case of any conflict between the terms of this Agreement and the Exhibits hereto, a Purchase Order, or Contractor's Proposal (if any), the Agreement shall control. In the case of any conflict between the Exhibits hereto and a Purchase Order or the Contractor's Proposal, the Exhibits shall control. In the case of any conflict between the terms of a Purchase Order and the Contractor's Proposal, the Purchase Order shall control.

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
GS-VEN-2022-075

Packet Pg. 378 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems)

13.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

13.14 Construction of Agreement. Each party hereto has had an equivalent opportunity to participate in the drafting of the Agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting party shall not apply hereto.

13.15 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any non-signator third parties.

However, should Contractor provide Work to an Agency member, SCPPA or SCPPA member (collectively for the purpose of this section only "Member'') pursuant to Section 1.4, the parties recognize that such Member may be a third party beneficiary solely as to the Purchase Order and Requested Work relating to such Member.

13.16 Nondiscrimination. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition or any other unlawful basis.

13.17 Force Majeure. Except with respect to payment delays exceeding five business days, neither party shall incur any liability to the other party by reason of failure to fulfill, or any delay in fulfilling, any of its obligations under this Agreement due to the occurrence of Force Majeure. "Force Majeure" means any foreseeable or unforeseeable event beyond the reasonable control of a party, including, but not limited to, weather conditions, fire, third party strikes or cessation or slowdown or stoppage of labor, acts or omissions of a third party (except as otherwise provided in this Agreement), sabotage, cyber-attack, shipwreck, embargo, riot, war (declared or undeclared), terrorist act, enemy action, flood, epidemic, pandemic (including the current COVID-19/SARS-CoV-2 pandemic), so long as delays occur after product is in transit, delays due to transportation or logistics or laws, regulations, orders, rulings or acts of any governmental authority, body or agency. If any delay (other than a payment delay wherein five days are provided to resolve the Force Majeure event) arises by reason of Force Majeure, the time for performance shall be extended by a period of time equal to the time lost due to and reasonably necessary to overcome such delay. Both parties shall take reasonable action to remove such cause and resume performance as soon as possible. The party affected by an event of Force Majeure shall give the other party written notice within a reasonable time after becoming aware of the commencement of the delay. If a delay caused by Force Majeure exceeds 180 days, either party may terminate this Agreement pursuant to Section 8.1 by providing written notice to the other party.

13.18 Electronic Signatures. Not Applicable.

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
GS-VEN-2022-075

Packet Pg. 379 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems)

13.19 Limitation of Liability. The aggregate liability of Contractor arising out of the performance or nonperformance of obligations in connection with a Purchase Order or the performance or nonperformance of Work under a Purchase Order, under any theory of recovery, whether based in contract, tort (including negligence and strict liability), or otherwise, shall not exceed an amount equal to one hundred percent ( 100%) of the amount of the Purchase Order or the amount of the applicable insurance specified in Section 4, whichever is greater.

In no event, whether based in contract, tort (induding negligence and strict liability), or otherwise, shall either party be liable for damages for loss of profits or revenue or the loss of use of either; damage to the Work after risk of loss has transferred to Agency; loss by reason of Plant shutdown or inability to operate at capacity; damage to or loss of Agency's property or equipment (except as otherwise provided for and subject to the limitations stated in Section 13.21); costs of replacement power or capital; claims of Agency's customers; inventory or use charges; or incidental, indirect, special or consequential damages of any other kind or nature, whatsoever. The waivers and disclaimers of liability, releases from liability, and limitations on liability expressed in this Section 13.21 shall extend to Agency, Contractor and its subcontractors, affiliates, successors and assigns, and their respective partners, principals, shareholders, directors, officers, employees, and agents.

13.20 Delivery or Title and Risk of Loss. Delivery of each item of Equipment shall occur for all shipments, arrival at the Site entrance, ready to be unloaded (hereinafter referred to as "Delivery" or "Delivery Point"). Provided that all payments are current in accordance with the Exhibit B, legal and equitable title and risk of loss for the Equipment, except for Software, shall pass to Agency on a "Delivered Duty Paid" (''DDP") basis, as that term is defined by the International Commercial Terms 2010.

Title to and right of possession of any Software licensed hereunder shall remain with Contractor, or its licensor, except that Agency, City of Redding and City of Roseville shall have the right of possession and use of the Software provided hereunder at no cost for the term of the corresponding license provided herein, so long as no breach of the Agreement has been made by and singularly applicable to Agency, City of Redding, and City of Roseville and all payments due Contractor have been paid. Nothing in the Agreement shall be construed as giving Agency, City of Redding and City of Roseville any right to sell, assign, lease or in any other manner transfer or encumber Contractor's, or its licensor's ownership of the Software, or as limiting Contractor, or its licensors, from using and licensing the Software to any third party.

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
GS-VEN-2022-075

Packet Pg. 380 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems)

13.21 Contractor's Responsibility for Damage to Agency's Property.

13.21.1 13.21.2

13.21.3 Subject to the provisions stated in this Section 13.21 below, if sudden and accidental damage to Agency property is caused by ( 1) the failure of any Equipment or Work provided by Contractor pursuant to this Agreement to conform to the corresponding warranties provided in Section 11 , or (2) a negligent act or omission of Contractor during performance of the Work, then for each such event Contractor shall credit the Agency for the actual direct costs incurred by the Agency to the extent that such property damage was caused by such warranty non-conformance or negligence.

Seller's obligations under this Section 13.21 shall be limited on a per event basis and in the aggregate to the lesser of:
(a) the actual direct cost incurred by the Agency to repair the property damage, including uncovering, gaining access to, removal and replacement costs, to be substantiated to the reasonable satisfaction of Contractor, or
(b) an amount of two million Dollars (U.S. $2,000,000).

Except as specifically set forth in this Section 13.21, in no event shall Contractor have any responsibility or liability, under any theory of recovery, whether based in contract, tort (including negligence and strict liability}, or otherwise, for any loss or damage to Agency's property as a result of (1) the failure of any Equipment or Work provided by Contractor pursuant to this Agreement to conform to the corresponding warranties provided in Section 11, or (2) a negligent act or omission of Contractor during performance of the Work.

II SIGNATURES ON NEXT PAGE II
Multi-Task General Services Agreement between GS-VEN-2022-075 Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019

Packet Pg. 381 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) The Parties have executed this Agreement as of the date signed by the Agency.

NORTHERN CALIFORNIA POWER AGENCY
oate_ L/ ......_ · _-_Z_7_-_Z_) __
2::1.~ General Manager
Attest:
~ 7. m'
Assistant Secretary of the Commission
Approved as to Form:

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
SIEMENS ENERGY, INC.

Date /;i 0 h 1 ~~~~----,.........,.. __ ~~~~~-
JEFF: MIW{ER,
General Manager I Vice President
~-!Jdw J)ir~cfor -tinca,M c.e,,
SCAb1'v,e_ ~H°'-oJo.._
GS-VEN-2022-075

Packet Pg. 382 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems)

EXHIBIT A

SCOPE OF WORK
Siemens Energy, Inc. ("Contractor") shall provide T3000 maintenance and support services as requested by the Northern California Power Agency ("Agency") at the Lodi Energy Center and Geothermal facilities as well as the City of Redding and the City of Roseville facilities.

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
GS-VEN-2022-075

Packet Pg. 383 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) Lodi Energy Center Customer Sewice Agreement Five (.S} - Year Program Base Services
• l&C Customer Portal, SPPA-View Access
•·.Annual Lifecyde Report
• Annual Usage and Summary Reporting
•Assigned Serl/ice Manager
• l&C lih>nitors and Advisors Services ·via Cus·romer Portal • l&C Condition (Monitor Conditions) (Replaces remote systems eek} • Ports Exchange
• 2:5% dlscount on parts purchased
.. Remote Ex,pert Center (REC) hours
.. 40 Hours (20% discount off list price for additional hours) • On-Site Field Service/Technical Support
• 40 Hours (20% discount off list price for additional hours) .. 1 Trips to Site
• Cybe:r Security· Services
•· Matware and Patch Manage ent~ annual subscription (US Security Bundle) • One Cyber Vulnerability & R.egulatory Assessment (Quantity· per CSA term)< •· Whitelisting lnstallaition and Annuaf Subscription
• Onsite T3001 Training Sessions
• ;Annual NCPA 3days onsite T3000training up to 10 people max pertraining (Optional Scope) • Annual operator simu:krtor training onsite (2 people) (Optional Scope) • 10% discount off catalog :pricing 'for additional classes •0nsrte nmning doeti not include 'lmivel and HVJng e;icpenses.. T,ravet ttme invoiced ,at Pl 1810 with 20% ,di:Scount and M.wel and IMng ,expenses• billed at cost ptus 15%.
·version Upgrade - 'The detailed scope of work fo:r the V·ersion upgrade is. detailed b1 the Siemens Energy pro.posal submitted to NCPA - Lodi Energ:v Center entitled Firm - Omnivise JJOIO Versfon Upgrade, dated March 9, 2023 ..

It i , , des:
a. Upgrade includes 1 Thrn Clients
b. Upgrade includes 11 Scalances
~ Upgrades includes 4 redundant 410 AP s
d.. Upgrade to include all required engineering. HWISW. onsite tabor. commissioning. travel for install and support
Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
GS-VEN-2022-075

Packet Pg. 384 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) Geysers Plant 1 and .2 Customer S·ervice Agreement Five (5)- Year Program Base· Services.
• i&G Customer Portal~ SPPA-:View Access
• Annual Lifecyde Report
• Usage and Summary Reporting
•· Assigned Service Manager
• l&C Monitors and .Advisors .Services via Customer Portal • :l&C Condition (Monitor Com:fttions) (Replaces ramote systems check) • Parts Exchange
• 25% discount on parts purchased
• Remote Expert Center (REC) h ours
• 40 Hours ~ discount off list price for additional hours) • On-Site Fiel:d ServicelT echnical Support
• 40 Hours {.20% discount off list price for additional hours) • 1 Trips to Site
• CybeT Security Services
• Matware and Patch Management, annual subscription (US Securily Bundle) •· One Cyber Vuherabllity· & Regu!ftttory Assessment (Quantity per CSA term) • Onsite· T30GO Training Sessions
• Annual NCPA 3 days onsite nDOO training up to 10 peqple max per training (Optional scope) • 10% discount ·off catalog pricrng for .additional Classes, "Onsite Training does not include·tmvel and iving~· Tmvet time invoiced at PU 81D with 2D% d · 3. d IMng expenses. billed at cost plus 15%
Vera.Ion Upgrade - The detoUed scope of work for the version upgrade is detailed in the Siemens Energy pmpos.ot submitted ·to NCPA - Geysers entitled Finn - Omnivise TJOOO Version Upgrade,, .dated Marc!h ~ 2023 ..

It includes:
a. Upgrades includes J redundant 410 AP 's.
b~ Upgrade includes 8 Thin Clients
c. Upgrade for Scalances ·(qty 14)
d. Upgrade· to i.ndude· all required engineering. HWISW, onsite labor, ·commissioning, travel tor .install and support
Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
GS-VEN-2022-075

Packet Pg. 385 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) Reddhl.g Pow,er Plant Custom,er Service Agre,ement Five (5) - Year Program Base Services.
• l&C Customer Po·rtal. SPPA-View Access
• Annual Lifecyde Report
• Usa;ge and Summary Reporting
•Assigned Service Man:~er
• l&C Monitors and Advisors Services, vta Customer Portal • l&C Condition (Monitor Conditions) (Replaces r:emote systems check) • p.afts Exchange
• 25% discount en parts purchased
• Remote Expert Center (REC] hours
• 40 Hours (2.0% discount off list :price, tor additiona! hours) • On-Site Field ServicetTechnicol Support
• 10% discount ,on houra. purchased
• Cyber Security Se1Vices
• Matware· and Patch Management. annual subscription (US Security Bundle·) • Whitelisting Annual Subscription (Optional Sc,ope)
• One Cyber Vulnerability & Regulalmy Assessment (Quantity per CSA ter:m) ·(Optional s,cope) • Onsite I3CJOO Training .Sessions,
• ,Annual NCPA J. days onsite 13000 ·training u;p to 10 people max per training (Optional scope) • ·to% dis:tcunt ,off catalog :pricing for additiona:t etasse:s •0nslle Ti 'nlng does not include travel and 1Mng e~ s. Travel time in -eed m 1 1D ~ 2.0% discount and d liVing ses bnted at pl s ,5
Version Upgrade -The deta:iled scope of work for the version upgrade is detailed in the Siemens Energy p.-opos.al submitted to N:CPA - City of Reddh1g entitfed Hnn - Omnlivise 13000 Version pgrade~ dated March ~ 20·23,
It includes:
a. Upgrades includes. 4 redundant 4 0 s
b. Upgrade includes 1 Thin Clients to replace 'lhe tower thin clients ~ Upgrades to inCfude aU required engineering! HW/SW. onsite labor. commis ionin ~ travel ·for install and support
Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
GS-VEN-2022-075

Packet Pg. 386 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) R.osevHle Power Ptant Customer Service Agreement Five (5) - Year Program Base Services
• l&C Customer Portalt SPPA-:View Access
• Annua' Ufecyde Report
• Usage and Summary Reporting
•Assigned Service Man:lger
• l&C Monitors and Advisors Services via Customer Portal •· l&C Condition (Monitor· Conditions) {Replaces remote systems che.ck) • Parts Exchange
• 25% discount on parts purchased
• Remote Ex.pert Center (REC) hours
• 40 Hours (20RL discount off list price· for additional hours) • On-Site Field Servi·celT echnical Support
.. 40 Hours (20% discount off fist price for additional hours) • 1 Trips to Site
• Cyber Security Services
• Matware and Patch anag nt~ annual subscription (US Security Bundle) • Whitelisting Annual Subscription
• One C.yber V\ulnerability & Regulatory Assessment (Qu3ntity per CSA term) • Onsite T30'00 Training Sessions,
•Annual NCPA 3 days onsite T3DOO 1raining up people max per training (Optional scope) •Annual 3-day onsite operaitor trai:ning for T3000 up to 10 :people ,(Optional scope) • 10% discount off catalog pricing for additional classes •0nslle Training dOies not .include b'a\!el and Uving experaes.. Tmve1 time invoiced .at PL1810 with ... · 0 diScoont d vet d IMng ,e;q>enses bl:lfed at cost pills 15%
Version Upgrade - The detailed scope 1of work fo:r the version upgrade is de·tailed in the Siemens Energy propos,al 'Submitted to NCPA - Roseville entitled H nn -· Omnivise T3000 Version Upgrade, dated March 9, 3~
It includes:
a. Upgrades. includes Terminal server.
b. Upgrades includes Printer to replace 750
c. Upgrade includes 5 Thiin 1Clienls
d. Upgrade for scalances .(qty 1.3)
e. Upgrades includes 4 redundant 410 AP s
f. Upgrades. includes. 1 CS.3000
g.. Upgrades to iinclude al required engineeri g~ HWIS.W,, onsite labor, commissioning. travel for install and support.

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
GS-VEN-2022-075

Packet Pg. 387 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems)

EXHIBIT B

COMPENSATION SCHEDULE AND HOURLY FEES
Compensation for all work, including hourly fees and expenses, shall not exceed the amount set forth in Section 2 hereof. The hourly rates and or compensation break down and an estimated amount of expenses is as follows:

Invoicing for each site wlll be annually at start of the CSA year.

Annual tnvolce Amount
Lodi Pr I ctn a atart of CSA ye•r
SVearCSA $ 551,705.00 $ 110,341.00
Whitellstlng $ 93,200.00 $ 18,640.00
Version upgrade in 2026 s 456,919.00 s 91,383.80
Optional Annual NCPA Training {3days onsite) $ 23,771.00 s 4,754.20 Optional Annual Operator Simulator Training {Onsite) $ 105,264.00 $ 21,052.80 Totaf Price $ 1,230,859.00 s 246,171.80
Annual Invoice Amount
G•vs•rs Pricing start of CSA year
SYearCSA $ 653,335.00 $ 130,667.00
Version upgrade In 2027 / 20.28 s 477,551.00 $ 95,510.20 Optional Annual NCPA Training (3 days onsite) $ 23,771.00 $ 4,7.54.20 Total Price s 1,154,657.00 $ 230,931.40
Annual Invoice Amount
Reddin& Pricing start of CSA yur
S Year CSA $ 380,505.00 $ 76,101.00
Version upgrade tn 2028 $ 525,612 $ 105,122.40
Optional Whitelisting Annual Subscriotion $ 78,885.00 $ 15,777.00 Optional Annual NCPA Training (3 days onsite) $ 23,771 00 $ 4,754.20 Optional CVRA $ 50,280.00 $ 10,056.00
Total Price $ 1,059,053.23 $ 211,810.65
Annual lnvolce Amount
Roavllt• Prldng start of CSA year
SYearCSA s 551.710.00 $ 110,342.00
Whltellsting s 57,080.00 $ 11,416.00
Version upgrade In Fall 2024 $ 466,374 $ 93,274.80
Optional Annual NCPA Training (3 davs onslte) $ 23,771.00 $ 4,754.20 Optional Annual Operator Training for T3000 (3days onsite) $ 95,085.00 $ 19,017.00 'Total Price $ 1,194,020.1.Z s 238,804.02
Pricing for services not specified above will be quoted at the time services are requested.

NOTE: As a public agency, NCPA shall not reimburse Contractor for travel, food and related costs in excess of those permitted by the Internal Revenue Service. In addition, NCPA policies prohibit reimbursement for alcohol.

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
GS-VEN-2022-075

Packet Pg. 388 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems)

EXHIBIT C

CERTIFICATION
Affidavit of Compliance for Contractors
I,
(Name of person signing affidavit)(Title)
do hereby certify that background investigations to ascertain the accuracy of the identity and employment history of all employees of
Siemens Energy. Inc.
(Company name)
for contract work at:

LODI ENERGY CENTER, 12745 N. THORNTON ROAD. LODI, CA 95242 (Project name and location)
have been conducted as required by the California Energy Commission Decision for the above-named project. ~ ~ ~
( 9nature of officer or agent)
Dated this ___ ~__~ ____ day of ----'~'--'-1-0_1_~ _f ____ , 20 _z..---'3"---

THIS AFFIDAVIT OF COMPLIANCE SHALL BE APPENDED TO THE PROJECT SECURITY

PLAN AND SHALL BE RETAINED AT ALL TIMES AT THE PROJECT SITE FOR REVIEW BY THE CALIFORNIA ENERGY COMMISSION COMPLIANCE PROJECT MANAGER.

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
GS-VEN-2022-075

Packet Pg. 389 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems)

NOT APPLICABLE

EXHIBIT D

CERTIFICATION
Affidavit of Compliance for Hazardous Materials Transport Vendors (Name of person signing affidavit)(Title)
do hereby certify that the below-named company has prepared and implemented security plans in conformity with 49 CFR 172, subpart I and has conducted employee background investigations in conformity with 49 CFR 172.802(a), as the same may be amended from time to time,
(Company name)
for hazardous materials delivery to:

LODI ENERGY CENTER. 12745 N. THORNTON ROAD. LODI, CA 95242 (Project name and location)
as required by the California Energy Commission Decision for the above-named project. (Signature of officer or agent)
Dated this ________ day of ________ , 20 _.

THIS AFFIDAVIT OF COMPLIANCE SHALL BE APPENDED TO THE PROJECT SECURITY

PLAN AND SHALL BE RETAINED AT ALL TIMES AT THE PROJECT SITE FOR REVIEW BY THE CALIFORNIA ENERGY COMMISSION COMPLIANCE PROJECT MANAGER.

Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
GS-VEN-2022-075

Packet Pg. 390 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems)

NOT APPLICABLE

EXHIBIT E
ATTACHMENT A [from MLA]

AGREEMENT TO BE BOUND

MAINTENANCE LABOR AGREEMENT ATTACHMENT

LODI ENERGY CENTER PROJECT
The undersigned hereby certifies and agrees that:
1) It is an Employer as that term is defined in Section 1.4 of the Lodi Energy Center Project Maintenance Labor Agreement ("Agreement" solely for the purposes of this Exhibit E) because it has been, or will be, awarded a contract or subcontract to assign, award or subcontract Covered Work on the Project (as defined in Section 1.2 and 2.1 of the Agreement), or to authorize another party to assign, award or subcontract Covered Work, or to perform Covered Work.
2) In consideration of the award of such contract or subcontract, and in further consideration of the promises made in the Agreement and all attachments thereto (a copy of which was received and is hereby acknowledged), it accepts and agrees to be bound by the terms and condition of the Agreement, together with any and all amendments and supplements now existing or which are later made thereto. 3) If it performs Covered Work, it will be bound by the legally established trust agreements designated in local master collective bargaining agreements, and hereby authorizes the parties to such local trust agreements to appoint trustees and successor trustee to administer the trust funds, and hereby ratifies and accepts the trustees so appointed as if made by the undersigned.
4) It has no commitments or agreements that would preclude its full and complete compliance with the terms and conditions of the Agreement. 5) It will secure a duly executed Agreement to be Bound, in form identical to this documents, from any Employer(s) at any tier or tiers with which it contracts to assign, award, or subcontract Covered Work, or to authorize another party to assign, award or subcontract Covered Work, or to perform Covered Work.

DATED: Name of Employer
Multi-Task General Services Agreement between
Northern California Power Agency and Siemens Energy Inc.

Rev'd 7/9/2019
(Authorized Officer & Title)
(Address)
GS-VEN-2022-075

Packet Pg. 391 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) Michelle Schellentrager
From:

Sent:

To:

Subject:

Follow Up Flag:

Flag Status:

By direction of Randy Howard -
Trisha Zimmer
Wednesday, April 26, 2023 7:50 AM
*Mgmt Team; *Admin Assts; *Plant Managers; *Accounting
Randy Howard Delegation - April 26-May 11
Follow up
Completed
Tony Zimmer will have signature authority during Randy's absence effective today, April 26 through May 11. r;,-.rM. Z#rlf(ef"
Admin Assistant
Northern California Power Agency
651 Commerce Drive
Roseville, CA 95678
916.781.4246
[email protected]
1 Packet Pg. 392 Attachment: Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Systems) [Type here]

.

Firm
Omnivise T3000 Version Upgrade
March 9, 2023 We energize society
P2023-03-09-F02-GI
NCPA
City of Redding
Packet Pg. 393 Attachment: City of Redding version upgrade Proposal (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control SIEMENS Energy
Controls and Digitalization
P a g e | 2
Restricted Information
100 Technology Drive
Alpharetta, Georgia 30005
Document Information
Firm
Siemens Energy Inc., Alpharetta
www.siemens-energy.com
Siemens Energy is a registered trademark licensed by
Siemens AG.
© Siemens Energy, 2020, USA
All rights reserved.

Confidentiality & Proprietary Information
Siemens Energy may have a proprietary interest in
information that may be furnished pursuant to this
Proposal. Owner will keep in confidence and will not
disclose any such information which is specifically
designated as being proprietary to Siemens Energy, other than to Owner’s employees having a need to know, without the prior written permission of Siemens Energy or use any such information for other than the purpose for which it is supplied. The provisions of this paragraph shall not apply to information, notwithstanding any confidential designation thereof, which is known to Owner without any restriction as to disclosure or use at the time it is furnished, which is or becomes generally available to the public without breach of any contract, or which is received from a third party,
including Owner’s subsidiaries or affiliates, without
limitation or restriction on said third party or Owner at the time of disclosure.

Rev.

Num
Rev. Date Sections
Affected Reason for Revision
0 Mar 9, 2023 All N/A

Packet Pg. 394 Attachment: City of Redding version upgrade Proposal (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control [Type here]
SIEMENS Energy
Controls and Digitalization
P a g e | 3
Restricted Information
100 Technology Drive
Alpharetta, Georgia 30005
Project Details
Buyer Name: NCPA
Site Location: City of Redding
Redding, CA
Offer Number: P2023-03-09-F02-GI
Packet Pg. 395 Attachment: City of Redding version upgrade Proposal (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control [Type here]
SIEMENS Energy
Controls and Digitalization
P a g e | 4
Restricted Information
100 Technology Drive
Alpharetta, Georgia 30005
Contents
1 PRINCIPLES OF THE PROPOSAL........................................................................................................................ 6

1.1 Executive Overview ................................................................................................................................. 6

1.2 Scope of the Offer .................................................................................................................................... 6 2 SCOPE OF SUPPLY AND SERVICES ................................................................................................................... 7

2.1 License Upgrades ..................................................................................................................................... 7

2.2 Omnivise T3000 Security Server ........................................................................................................... 7

2.3 Thin Clients ................................................................................................................................................ 7

2.4 Automation Server & Licenses .............................................................................................................. 8

2.5 Installation And Commissioning ........................................................................................................... 8

2.6 Customer Witness Factory Acceptance Test (FAT)............................................................................ 9

2.7 As-Found Documentation ...................................................................................................................... 9

2.8 Preliminary Schedule of Events ............................................................................................................ 9 Packet Pg. 396 Attachment: City of Redding version upgrade Proposal (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control [Type here]
SIEMENS Energy
Controls and Digitalization
P a g e | 5
Restricted Information
100 Technology Drive
Alpharetta, Georgia 30005

2.9 Procurement, Assembly, and Test ........................................................................................................ 9

2.10 Design Freeze.......................................................................................................................................... 10

2.11 Changes to Scope of Supply & Services ............................................................................................ 10

2.12 Siemens Energy Control System-Documentation ........................................................................... 10

2.13 Acceptance .............................................................................................................................................. 11

2.13.1 Provisional Acceptance (PAC) ........................................................................................................ 11

2.13.2 Final Acceptance (FAC) ................................................................................................................... 11 3 CLARIFICATIONS AND LIMITATIONS ............................................................................................................ 12 4 DIVISIONS OF RESPONSIBILITIES .................................................................................................................. 13 5 APPENDICES ...................................................................................................................................................... 15 Packet Pg. 397 Attachment: City of Redding version upgrade Proposal (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Firm Omnivise T3000 Version Upgrade
Project Name: City of Redding Proposal # P2023-03-09-F02-GI ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ SIEMENS Energy
Controls and Digitalization P a g e | 6
100 Technology Drive
Alpharetta, Georgia 30005
1 PRINCIPLES OF THE PROPOSAL
Siemens Energy eagerly introduces the following Omnivise T3000 Version Upgrade solution, and in turn offers this Firm proposal for review.

Our desire is that NCPA will consider undertaking a valuable partnership with Siemens Energy, an industry leader and innovator to deliver this service at its City of Redding

1.1 Executive Overview
With reference to the bid request from NCPA, we take great pleasure in submitting our Proposal for a Omnivise T3000 Version Upgrade as described in the attached documents.

Performing a DCS software version upgrade will provide City of Redding with the most current, state-ofthe-art DCS, which is Omnivise T3000 Version 9.2. Only the current software logic and licenses residing in the Application Server at City of Redding will be available in the new software version.

As later detailed in this proposal, some version upgrade activities will occur away from City of Redding.

All the activities not performed at City of Redding will occur in the USA at our Alpharetta factory in Georgia.

1.2 Scope of the Offer
The purpose of this offer is to provide a Omnivise T3000 Version Upgrade for City of Redding. The major activities include the following:

On-Site Audit and Software Back-up
 Verification of currently installed hardware and hardware versions  Duplication of existing application server
Offsite Software Update and Review
 Creation of new server image with updated software version  Quality check and comparison of “old” and “new” software version On-Site Upgrade Implementation
 Imaging and loading of existing application server.
 Reloading of DCS
 Installation and commissioning of new hardware
Packet Pg. 398 Attachment: City of Redding version upgrade Proposal (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Firm Omnivise T3000 Version Upgrade
Project Name: City of Redding Proposal # P2023-03-09-F02-GI ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ SIEMENS Energy
Controls and Digitalization P a g e | 7
100 Technology Drive
Alpharetta, Georgia 30005
2 SCOPE OF SUPPLY AND SERVICES

2.1 License Upgrades
As the Omnivise T3000 software development has evolved, the associated licenses have also evolved.

Some licenses have been combined or upgrade. Software licenses in this offer are as follows:

DESCRIPTION QUANTITY

LICENSES
Plant IO License 7500
Upgraded SIMATIC S7 Step License 1

2.2 Omnivise T3000 Security Server
As part of the new Omnivise T3000 Version functionality, a Security Server will be supplied. The Security Server will be utilized for deployment of Omnivise T3000 system software for the Application Server, Terminal Server, and Thin Clients. Additionally, the Security Server will distribute patch upgrades and provide Configuration Change Monitoring and Security Event Monitoring. A quantity of one (1) Security Server will be supplied with this proposal.

DESCRIPTION QUANTITY

DEPLOYMENT/SECURITY SERVER
Deployment/Security Server 1

2.3 Thin Clients
Obsolescence and compatibility issues with the existing tower thin clients at City of Redding will require the existing tower thin clients to be upgraded as follows:

DESCRIPTION QUANTITY

THIN CLIENTS
Windows 10, operating system 7
Thin Client – 2 channel graphics 7
24” LCD Monitors 16
Speaker Bar 7
Packet Pg. 399 Attachment: City of Redding version upgrade Proposal (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Firm Omnivise T3000 Version Upgrade
Project Name: City of Redding Proposal # P2023-03-09-F02-GI ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ SIEMENS Energy
Controls and Digitalization P a g e | 8
100 Technology Drive
Alpharetta, Georgia 30005

2.4 Automation Server & Licenses
The existing Automation Server model have reached obsolescence and will be retrofitted to module CPU S7- 410-5H in order to improve the performance of logic loading capability. CPU S7-410-5H is the most powerful S7 CPU in the SIMATIC S7-400 H and HF family for the Omnivise T3000 DCS. The bill of materials included in this scope of supply is as follows:

DESCRIPTION QUANTITY

AUTOMATION SERVER
S7-400H CPU 410-5H PA 4
SIMATIC S7 CPU 410 Floating License 1

2.5 Installation And Commissioning
Internal test equipment will be utilized in Siemens Energy’s Alpharetta facility to implement the software upgrade and configuration settings back office. The testing will consist of loading the existing software on the test equipment with the Omnivise T3000 software environment, and thoroughly reviewing to ensure the logic and configuration has imported correctly.

Following successful completion of the back-office software verification, Siemens Energy will supply one (1) Technical Field Assistance (TFA) engineer to re-commission the system and one (1) T3000 System Admin on-site to configure the release system upgrade, including the following efforts:
 Oversee installation of components in existing controls cabinets.  Start-up engineering system and operating system.
 Verify correct start-up and operation for automation and operating system process.

The Siemens Energy TFA Engineer works ten (10) hours/day, six (6) days/week and the included amount is the anticipated required time to install and commission the scope of offering within this proposal. Under the provision that Siemens Energy is impeded or delayed performing the work required beyond the hours included below, any additional hours will be invoiced on a time and expense basis. These delays, caused by Others, will be invoiced as per the rates listed in the attached Siemens Energy Price List PL1810.

On-site hours are estimated as follows:

TFA Function Engineers Mobilizations Total Hours
Field Service Engineer 1 1 90
T3000 System Admin 1 1 70
Note: All permits-to-work must be provided and coordinated by City of Redding.

Packet Pg. 400 Attachment: City of Redding version upgrade Proposal (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Firm Omnivise T3000 Version Upgrade
Project Name: City of Redding Proposal # P2023-03-09-F02-GI ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ SIEMENS Energy
Controls and Digitalization P a g e | 9
100 Technology Drive
Alpharetta, Georgia 30005
*Loop checks will only be required for re-wired I/O. Customer shall be responsible for providing personnel for locating field instruments, and simulating/reading values during loop checks. Siemen’s responsibility for loop checks ends at the Omnivise T3000 cabinet.

2.6 Customer Witness Factory Acceptance Test (FAT)
Within this offer, Siemens Energy has included customer witnessed FAT performed by qualified engineers for a continuous period of two (2) day(s), eight (8) hours/day in Alpharetta, GA. The purpose of the test is to demonstrate the Omnivise T3000 Version system hardware is functioning as designed. Siemens Energy will provide City of Redding a customer witness test plan and procedures for review. However, any 3rd party equipment or technical support required for testing any serial interfaces shall be provided by City of Redding.

2.7 As-Found Documentation
This proposal is based on the latest hardware drawings maintained by Siemens Energy. City of Redding shall provide Siemens Energy drawings or documentations If any hardware changes have been made without Siemens Energy knowledge.

2.8 Preliminary Schedule of Events
The Project Manager assigned to this effort shall supply City of Redding a project specific schedule based on the availability of resources at the time the Omnivise T3000 Version Upgrade purchase order is received. However, the event required to perform the version upgrade are as follows:
 Receipt of purchase order
 Site audit and back-up
 Purchase of replacement hardware; Software and hardware upgrade in Alpharetta  Receipt of replacement hardware
 Testing and imaging of replacement hardware
 On-site Implementation

2.9 Procurement, Assembly, and Test
Any and all new hardware required for the DCS will be pre-assembled and tested in Alpharetta, Georgia.

Packet Pg. 401 Attachment: City of Redding version upgrade Proposal (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Firm Omnivise T3000 Version Upgrade
Project Name: City of Redding Proposal # P2023-03-09-F02-GI ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ SIEMENS Energy
Controls and Digitalization P a g e | 10
100 Technology Drive
Alpharetta, Georgia 30005

2.10 Design Freeze
The project schedule will include a milestone referred to as Design Freeze. Design Freeze occurs when Siemens Energy and NCPA agree to the hardware and software design concepts, allowing Siemens Energy to commence fabrication, manufacturing, and detailed design.

2.11 Changes to Scope of Supply & Services
Changes requested by Customer after Design Freeze can be reviewed by Siemens Energy and responded to with project cost/ schedule impact. Such changes shall be treated as Customer requested changes as described in the changes to scope of supply and services of this proposal.

Expenses incurred by Siemens Energy due to (i) delays, other than delays which are deemed to be within reasonable control of Siemens Energy, and (ii) changes in applicable laws and requirements after the date of this Offer submitted by Siemens Energy, as applicable, will be treated as changes to the scope of work and this Proposal will be adjusted as stated above.

Siemens Energy may make a change(s) in the equipment, the work on Customer ’s material or the technical services without additional compensation from Customer if such change(s) does not adversely affect the warranties, the interface with Customer ‘s equipment, materials and plant, the technical soundness of the work, the operability of the facility where the equipment of Customer ‘s material is installed or for which Siemens Energy is providing technical services under this Proposal, or the schedule.

2.12 Siemens Energy Control System-Documentation
The documentation as listed below will be supplied on the medium listed. Hardcopies are provided only upon request at extra cost. The list refers only to equipment and software supplied by Siemens Energy within the scope of this proposal.

TYPE OF DOCUMENTATION DELIVERY METHOD
Omnivise T3000 Graphic displays
Installed on application
server
Omnivise T3000 Function diagrams
Installed on application
server
Cabinet wiring drawings, cabinet arrangement diagrams for affected equipment (PDF) Electronic
Packet Pg. 402 Attachment: City of Redding version upgrade Proposal (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Firm Omnivise T3000 Version Upgrade
Project Name: City of Redding Proposal # P2023-03-09-F02-GI ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ SIEMENS Energy
Controls and Digitalization P a g e | 11
100 Technology Drive
Alpharetta, Georgia 30005
Network drawing for affected equipment (PDF) Electronic FAT and Commissioning protocol Electronic

2.13 Acceptance

2.13.1 Provisional Acceptance (PAC)
Provisional Acceptance shall occur when:
(a) Siemens Energy has provided to the Customer all goods and services, including, equipment and software set forth in this proposal, with the exception of any mutually agreed punch list. Any deficiencies that do not preclude commercial operation will not preclude Provisional Acceptance and shall be identified on the punch list.
(b) Any testing for the equipment and software specified in the proposal or any mutually agreed testing plan has been completed. In the event any such testing does not take place following notification of readiness for testing and where this is due to circumstances for which Siemens Energy is not responsible, such tests shall be deemed to have been completed 1 (one) month after Siemens Energy has notified the Purchaser of readiness for such tests to be carried out. Siemens Energy shall give the Customer notice when Provisional Acceptance has occurred by providing a Provisional Acceptance Certificate (PAC). Within seven (7) days receipt of the PAC, Customer shall sign the PAC or give written notice to Siemens Energy specifying in detail why Provisional Acceptance has not occurred. In the event the Customer operates the Siemens Energy scope of supply in a commercial manner, then Customer agrees that Provisional Acceptance is achieved.

2.13.2 Final Acceptance (FAC)
Final Acceptance shall occur upon completion of the PAC punch list. Siemens Energy will give Customer notice that Final Acceptance has occurred by providing a Final Acceptance Certificate (FAC). Within seven (7) days receipt of the FAC, Customer will either sign the FAC or give written notice to Siemens Energy specifying in detail why Final Acceptance has not occurred.

Packet Pg. 403 Attachment: City of Redding version upgrade Proposal (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Firm Omnivise T3000 Version Upgrade
Project Name: City of Redding Proposal # P2023-03-09-F02-GI ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ SIEMENS Energy
Controls and Digitalization P a g e | 12
100 Technology Drive
Alpharetta, Georgia 30005
3 CLARIFICATIONS AND LIMITATIONS
Please note that only those scope of supply and services that are explicitly stated in this proposal are part of the Siemens Energy offer.
 Each site visit requires that the client provides Siemens Energy unhindered physical access to Site.

Any delays will be considered as a request to change the proposed scope of supply.  In order to retrieve the site back-up during the remote site audit the Siemens Energy engineer will perform a full audit of the current DCS and retrieve the files necessary for the version upgrade.  Backing-up the critical City of Redding ’s data prior to the on-site upgrade is the sole responsibility of City of Redding . This data should include any reports, screenshots, or JAR files stored on the Thin Clients of Application Server. These will be wiped as part of the upgrade and the data will not be backed up by Siemens Energy.
 The DCS needs to be available for the Siemens Energy Field Service Engineer upon arrival, based on the agreed outage dates. Any delays, including turbine cooldown, will be considered as a request to change the proposed scope of supply.
 Calibration and tuning are the responsibility of City of Redding. Siemens Energy will download the existing tuning values and calibration curves with subsequent commissioning utilizing these existing tuning values/calibration curves. The Siemens Energy Site Admin will assist with any troubleshooting.
 Third Party interfaces will be upgraded on a one-to-one basis. Any changes to third part system interfaces will be performed by others.
 Logic changes are not included as part of this scope.  Onsite fiber, network and profibus redundancy testing will be conducted with the support of the Customer DCS SME’s
 The plant startup is the client’s responsibility per their standard operating procedures. Siemens Energy TFA will assist the client with these activities as necessary.  Omnivise T3000 supports OPC UA protocol. Customer to ensure their OPC system can maintain the communication to T3000 post upgrade.

Packet Pg. 404 Attachment: City of Redding version upgrade Proposal (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Firm Omnivise T3000 Version Upgrade
Project Name: City of Redding Proposal # P2023-03-09-F02-GI ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ SIEMENS Energy
Controls and Digitalization P a g e | 13
100 Technology Drive
Alpharetta, Georgia 30005
4 DIVISIONS OF RESPONSIBILITIES
City of Redding shall provide Siemens Energy with drawings, data, information, site access, services, activities, and items identified in this proposal within the required project schedule, as well as complete documentation reviews within the agreed upon period. Inability of City of Redding to complete its obligations in a timely manner as required may impact project schedule and costs. Such impact shall be treated as Customer requested change.

The table below notes responsibilities shared between Siemens Energy and City of Redding.

DESCRIPTION

SIEMENS
ENERGY

CITY OF

REDDING
Review the scope of work, scheduling, and planning with the Customer
X X
Provide Field TFA Specialists as defined within this proposal X Provide Tools and Transportation for TFA workforce X
Provide qualified support labor and perform the scope of work with good safety and housekeeping practices.

X X
Safety training required to meet site programs conducted in Customer’s facility
X
Travel costs and allowances for client personnel for FAT and offsite meetings
X
Receiving and transportation of equipment to Site storage. Security and Storage at site
X
Siemens Energy Engineers onsite workspace X
Electrical Power, Fire Protection Equipment and First Aid Facilities X Existing Electrical Package grounding and lightening protection (expected to be adequate). Any modifications to these areas found necessary.

X
Services which have to be provided by state or local authorities and experts such as technical inspectors.

X
Packet Pg. 405 Attachment: City of Redding version upgrade Proposal (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Firm Omnivise T3000 Version Upgrade
Project Name: City of Redding Proposal # P2023-03-09-F02-GI ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ SIEMENS Energy
Controls and Digitalization P a g e | 14
100 Technology Drive
Alpharetta, Georgia 30005

DESCRIPTION

SIEMENS
ENERGY

CITY OF

REDDING
Supply, design, and installation of any Cables external to the T3000 equipment and cabinets.

X
Non-Specialty field cable termination and connections electrician labor
X
3 rd Party vendor support for functional checks (i.e. 3rd Party Links) X Onsite and offsite safety training requirements costs (site specific requirements, background checks, web-based safety training, urinalysis, etc…)
X
Installation of GPS antenna if applicable X
Removal of demolished equipment from site X
Calibration and tuning X
Plant startup and loop checks X
Asbestos identification, removal, and disposal X
New Fiber Optic cable, connection / reconnection X
Transportation and installation, including rigging, from Site storage to point of installation for any system cabinets
X

Packet Pg. 406 Attachment: City of Redding version upgrade Proposal (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Firm Omnivise T3000 Version Upgrade
Project Name: City of Redding Proposal # P2023-03-09-F02-GI ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ SIEMENS Energy
Controls and Digitalization P a g e | 15
100 Technology Drive
Alpharetta, Georgia 30005
5 APPENDICES
Appendix I: Standard Terms and Conditions of sale
Appendix II: Siemens Energy Price List PL1810

Packet Pg. 407 Attachment: City of Redding version upgrade Proposal (4.5(a)--Approve Long-Term Maintenance and Upgrades for Power Plant Control Packet Pg. 408 Attachment: Confirmation under the NCPA Support Services Program Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Packet Pg. 409 Attachment: Confirmation under the NCPA Support Services Program Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Packet Pg. 410 Attachment: Confirmation under the NCPA Support Services Program Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for Packet Pg. 411 Attachment: Confirmation under the NCPA Support Services Program Agreement (4.5(a)--Approve Long-Term Maintenance and Upgrades for

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the City Manager to:
(1) Approve and execute a Professional Services Agreement between the Shasta County Probation Department and the City of Redding (City) for program and services support utilizing Shasta County's Edward Byrne Justice Assistance Grant funding in the amount of $100,000 per year for a three-year term for program support at the Dr. Martin Luther King, Jr. Center;
(2) Administratively appropriate the associated funds; and (3) Execute the necessary documents to implement the associated grant funding.

Fiscal Impact
The Professional Services Agreement (Agreement) provides $100,000 annually for three years to the City of Redding (City) to offer enhanced programs and services at the Dr. Martin Luther King, Jr. Center (Center). The Shasta County Probation Department is the grant recipient of the Edward Byrne Justice Assistance Grant (JAG) and will act as the fiscal agent. There is no impact to the General Fund, and no match is required.

Alternative Action
The City Council could decline to approve the funding agreement or provide staff with an alternate direction.

MEETING DATE: June 20, 2023
ITEM NO. 4.6(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(a)--Authorize the City Manager to approve and execute the funding agreement and appropriate Shasta County's Edward Byrne Justice Assistance Grant funding for program support at the Dr. Martin Luther King, Jr. Center Kim Niemer, Community
Services Director
Packet Pg. 412
Report to Redding City Council June 14, 2023
Re: 4.6(a)--Authorize City Manager to Execute Agreement with Shasta County for Funding Programs at MLK C Page 2
Background/Analysis
The Center is located at 1815 Sheridan Street. The Center has offered programs for families and at-risk youth for over fifty years.

In a supportive environment, the Center offers academic and enrichment programs such as Science, Technology, Engineering, Art, and Mathematics (S.T.E.A.M.), social programs such as Positivity Girls Club, Kings Brotherhood, and Kids Night. It focuses on developing life skills through camping trips, college trips, and more. These programs are vital in assisting at-risk youth to avoid the criminal justice system and instead foster an environment where youth can develop skills and discover personal interests.

The Shasta County Probation Department is the recipient of JAG; this is the fourth round (2016, 2019, 2019 extension, 2023) of JAG funding for the Center. This new round of funding will allow the Center to continue to offer evidence-based programs, including the following:
• One Circle Foundation curriculum promoting safe and healthy development through the preteen and adolescent years;
• Academic tutoring for students under the age of 18;
• Mentorship from two credentialed teachers;
• Annual college connection trips;
• Technology programming emphasizing S.T.E.A.M;
• Job skills certifications for youth that focus on activities that promote the development of life skills, positive relationship building, and study habits; • Young Naturalist environmental stewardship program that provides hands-on activities and project-based learning; and
• Art therapy.

Environmental Review
This action is not a project as defined under the California Environmental Quality Act, and no further action is required.

Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
^2023-2026 MLK updated proposed scope of services
Packet Pg. 413
City of Redding,
Martin Luther King, Jr. Center
Updated Proposed Scope of Services for 2023-2026
Program Area No. 1 Boys Council/Girls Circle
Train and supervise staff to develop, coordinate, implement and facilitate the Boys Council and Girls Circle programs.
• Market program to targeted audience.
• Purchase materials and curriculum needed to run program successfully. • Maintain registration, attendance rosters and additional documentation specific to the program.
• Provide regular program evaluation.

Program Note:

Frequency: 3 sessions (26 weeks)
Expected Participation: approx. 10-15 youth per session, 50-75 youth in a calendar year.

Population Served: This program is open to the community but focuses on disadvantaged youth from the immediate neighborhood, and receives referrals from local foster agencies, school resource counselors and Youth Violence Prevention Council.

Program Area No. 2 Tutoring and Educational Support
• Augment tutoring and educational support for participants. • Purchase materials needed to run program successfully. • Market program to targeted audience.
• Maintain registration, attendance rosters and additional documentation specific to the program.
• Provide regular program evaluation.

Program Note:

Frequency: 37 weeks, 1100 hours
Expected Participation: 40-50 youth over a 37-week period Population Served: This program is open to the community but focuses on disadvantaged youth from the immediate neighborhood, and receives referrals from local foster agencies, school resource counselors and Youth Violence Prevention Council.

Program Area No. 3 Pro-Social Activities and Job Training Youth Tech Classes: Provide twenty-six weeks of S.T.E.A.M. programming that allows youth ages 9-18 to develop technology and workforce skills taught in the context of the needs and Packet Pg. 414 Attachment: ^2023-2026 MLK updated proposed scope of services (4.6(a)--Authorize City Manager to Execute Agreement with Shasta County priorities of the youth. Lessons will include computer coding, build a computer using Raspberry Pi’s (small module computers that students learn to build upon), graphic design, utilizing free and inexpensive web tools to create and design websites; photo editing, and more. Additionally, staff will delve into the world of social media, teen usage, and the impact social media can have on youth’s lives.

Art Therapy: Staff will hire an art instructor who will offer three/ ten-week art therapy sessions utilizing materials such as paint, oil pastels, markers, clay or crayons as a means of selfexpression. The class will guide participants to develop various art projects which journals their life past, present and future. Through the process of journaling their lives through art, participants will be provided an outlet to channel their anxiety and aggression while expressing feelings and ideas that are too emotionally loaded for verbal communication.

Providing youth, a safe and encouraging environment where they can create art can strengthen a youth’s problem-solving skills, autonomy, sense of purpose and social competence.

Additionally, as many of our at-risk youth have experienced traumatic experiences the process of working with materials and creating a final product helps youth gain self-understanding and supports youth to learn better coping skills while working through problems.

Young Naturalist: Staff will offer two/ eight-week environmental education programs that utilizes the award-winning curriculum, Project Learning Tree/Project Wild/Project Aquatic to provide youth opportunities to become engaged in real world issues that transcend the classroom walls. Staff will provide hands-on, interactive project-based activities for 20 participants to explore and understand natural habitats. Staff plans to not only educate but provide a natural antidote to the technology focused youth culture. Studies have shown that children who experience school grounds or play areas with diverse natural settings are more physically active, more aware of good nutrition, more creative, and more civil to one another.

Recreation Scholarships: Provide fifteen scholarships per year into the following job skill development programs, utilizing programs offered through Redding Recreation. By utilizing these established programs, staff can monitor their attendance; they are certificate classes that upon completion students are eligible for the City of Redding to directly hire them. Once hired, students will gain financial independence, employment history and we can provide ongoing support past their program completion date.
• Babysitting Training
• Summer Adventures Junior Counselor Training
• Junior Lifeguard
• WSI Training with Fundamentals of Instructor Training • Blended Learning Lifeguard Classes
• Umpire and Referee Training
Packet Pg. 415 Attachment: ^2023-2026 MLK updated proposed scope of services (4.6(a)--Authorize City Manager to Execute Agreement with Shasta County Retreats and College Connection Trips:

Pathways to your Future: College Connections: Staff will host one college trip per year over the three-year contract term to local state universities such as Sonoma State University and University of San Francisco, for disadvantaged youth which will focus on helping participants creating and realizing career opportunities that have not been made available to them and developing a goal-centered mindset that will create a bridge to a better future.

Staff will partner with the local University of California-4-H Cooperative office in Shasta County to offer a ten-week Pathways to your Future program which directs participants to take a selfreflection approach to choosing an after high school path instead of the traditional pick a college approach. This approach has proven to be more successful because students start with what they're passionate about and what they think they're good at, how much money they want to make in the future and focus their intentions on knowing themselves and a realistic idea of what they desire for themselves before jumping into college or a career. To help them attain that clear-eyed perspective, the modules in the curriculum also debunk myths about the college experience and incorporate budgeting activities. Many participants in the trial program said they appreciated that the curriculum presented a variety of pathways, including vocational education, non-degree certificate programs, community college, on-the-job training or entering the workforce – as well as four-year institutions of higher education.

During the college tour’s staff will partner with the Universities Admissions and Financial Aid department as well as connect minority students with on-campus organizations that will support them in their college path. Through connecting at-risk youth with greater spectrum of opportunities, positive mentorship, life and goal-setting training, staff will engage students to see the accessibility and reality that they can achieve a better life for themselves. The program will serve 30 disadvantaged youth from middle school to high school per college trip.

Many participating students come from single parent, and disadvantaged families who have not attended college. When youth have parents, who have not attended college before, and lack a positive role model in their life, they don’t feel like college is attainable or necessary. Through this thought process, students stay in the disadvantaged cycle without having practical steps or motivation to move forward. Additionally, many families do not have the financial income to send their child on educational or recreational trips nor have they traveled outside of their community restricting their outlook. Staff believes by providing positive mentorship that encourage and motivate youth to believe in themselves that they are capable to open doors for themselves to a better future. This program will not only connect youth with financial resources, allow them to explore potential career paths, but also will provide them mentorship, tutoring support and tools to help them navigate the transition from high school to college.

Packet Pg. 416 Attachment: ^2023-2026 MLK updated proposed scope of services (4.6(a)--Authorize City Manager to Execute Agreement with Shasta County Program Fee’s
Estimated Cost Assessment
per year
Total per
year
Program Area #1
Boys Council and Girls Circle
• Salary= $11,700.00
• Materials, Equipment
(Tables/Chairs),
Trainings/Curriculum=
$ 3500.00
$15,200.00
Program Area #2
Tutoring, Mentorship and Educational
Support
• Salary= $44,000.00
• Materials, Equipment
and Curriculum=
$2,000.00
$46,000.00
Program Area #3
Pro-Social Activities and Job Skills
• Youth Tech Classes:
$7,850.00
• Job Skills Certification:
$2,400.00
• Naturalist Program:
$2,800.00
• Art Therapy: $9,750.00
• College Connection
Trips: $16,000.00
$38,800.00
Note: Costs are estimated and will
vary upon program evaluations
and attendance. Cost reflects
the rising cost of staffing,
transportation, and materials.

Total Program Costs $100,000.00
Packet Pg. 417 Attachment: ^2023-2026 MLK updated proposed scope of services (4.6(a)--Authorize City Manager to Execute Agreement with Shasta County

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following related to Landscape Maintenance Districts (LMDs):
(1) Adopt Resolution relative to LMDs A, B, and C authorizing the following:
(a) Approving the Engineer’s Report for Fiscal Year 2023-24 for the LMDs as filed with the City Clerk;
(b) Setting a Public Hearing for 6:00 p.m., on July 18, 2023, in the City Council Chambers, 777 Cypress Avenue, Redding, California; and
(c) Declaring the City Council's intention to levy and collect assessments for Fiscal Year 2023-24 pursuant to the Landscaping and Lighting Act of 1972. (2) Adopt Resolution relative to Landscape Maintenance Districts D, E, F, G, H, H1, J, K, L, M, N, O, P, Q, R, S, S1, T, U, V, W, 01-06, 02-06, 03-06, 04-06, 05-06, 06-06, 07-06, 08-06, 09-06, 11-06, 01-07, 02-07, 02-09, 03-09, 01-11, 02-11, 03-11, 01-13, 02-14, 03- 14, 01-15, 02-16, 03-16, 01-17, 01-19, 02-19, 01-20, and 01-22; authorizing the following:
(a) Approving the Engineer’s Report for Fiscal Year 2023-24 for the LMDs as listed above as filed with the City Clerk;
(b) Setting a public hearing for 6:00 p.m., on July 18, 2023, in the City Council Chambers, 777 Cypress Avenue, Redding, California; and
(c) Declaring the City Council's intention to levy and collect assessments for Fiscal Year 2023-24 pursuant to the Landscaping and Lighting Act of 1972. (3) Determine that the recommended actions do not constitute a project subject to California Environmental Quality Act Guidelines, pursuant to Section 15378(b)(5), finding that the project is an organizational or administrative activity of governments that will not result in direct or indirect physical changes in the environment.

MEETING DATE: June 20, 2023
ITEM NO. 4.6(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(b)--Resolutions Setting Public Hearing of Landscape Maintenance Districts Joseph Forseth-Deshais,
Assistant Community
Services Director
Packet Pg. 418
Report to Redding City Council June 15, 2023
Re: 4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts Page 2 Fiscal Impact
LMDs are self-funding and have no fiscal impact to the City of Redding’s (City) General Fund.

For a portion of the park maintenance, the only LMDs the City participates in are Highland Park, Salt Creek Heights and Shastina Ranch.

Alternative Action
The City Council (Council) could either decline to adopt the resolutions, which would stop the collection of revenue for the districts to fund maintenance expenses, or provide staff with alternate direction.

Background/Analysis
City utilizes LMDs to fund the maintenance of landscaped areas that directly benefit residential and commercial developments. Use of LMDs is common in cities throughout California. The districts are established when projects are approved. The annual cost of the LMD is then divided up and assessed to the affected parcels through the property tax assessments. The Landscaping and Lighting Act of 1972 requires that the Council hold a public hearing regarding the adoption of annual assessments and levies for lots within each of the City's existing LMDs.

The City currently has 49 LMDs that require the adoption of an annual assessment. LMD-H, Clover Creek Village Subdivision, and LMD-S, Fleur Du Lac have additional landscape in an area designated as Zone 1 that provides additional benefit to some of the property owners in that district; therefore, Districts H and S will require the adoption of one additional annual assessment, H1 and S1 respectively, for the additional benefit provided these property owners.

For the purpose of this report, "Proposed Assessment" is the maximum amount allowable by law without a vote of property owners and is based on changes in the Construction Cost Index since the formation of the district. "Proposed Levy" is the actual amount proposed to be forwarded to the County Assessor to be added to the property tax invoice for each benefit unit this fiscal year.

Assessments for LMDs A, B, or C are flat for Fiscal Year (FY) 2023-24 as no annual inflationary adjustments (note table below) were built in at the time these districts were formed.

Staff is working to re-establish these districts with inflationary adjustments included, but this requires a majority affirmative vote of the property owners. The remainder of the LMD A & B neighborhoods will be brought forward in the next few years. In the meantime, the cost of normal maintenance exceeds the district's revenues. Maintenance efforts continue at severely reduced service levels in FY 2023-24.

LMD District Name General Location Proposed
Assessment
Proposed
Levy
A Miscellaneous Miscellaneous–Refer to Resolution $29.46 $29.46 B Miscellaneous Miscellaneous–Refer to Resolution $71.00 $71.00 C Miscellaneous Miscellaneous–Refer to Resolution $7.46 $0.00 The assessment for Districts D, E, F, G, H, H1, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, 01-06, 02-06, 03-06, 04-06, 05-06, 06-06, 07-06, 08-06, 09-06, 11-06, 01-07, 02-07, 02-09, 03-09, 01- 11, 02-11, 03-11, 01-13, 02-14, 03-14, 01-15, 02-16, 03-16, 01-17, 02-19, 01-20, 01-22, have Packet Pg. 419
Report to Redding City Council June 15, 2023
Re: 4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts Page 3 been adjusted by an annual inflation adjustment which is tied to the "20 Cities Construction Cost Index" from the most recent March Engineering News Record.

As shown in the table below, the calculated levies reflect the proposed maintenance needs of the districts for the FY 2023-24. In most instances, the proposed levy is less than the assessment because the maintenance needs of these districts can be met at the lower levy amount. The Shasta County Assessor requires that levy amounts be an even number for processing purposes. Some levies have been rounded down $0.01 to meet this requirement. Three LMD districts have negative balances. Nicolet Estates – LMD O is due to a prior year insurance payment posted in error and reversed out in a previous fiscal cycle. State Compensation Insurance - LMD 01-07 suffered extensive vehicle damage. LMD B is also on the list of going negative this fiscal year due to the inability to collect increasing funds caused by inflation.

It is also noted that the levy was stayed in a number of districts and now have a $0 proposed levy. In these cases, the districts were formed when the final map was approved but was not yet enrolled with the County of Shasta. In these districts, there is either no maintenance or the developer continues to manage the maintenance needs.

LMD District Name General Location Proposed
Assessment
Proposed
Levy ($)
D The Vistas North of Quartz Hill Road at the
intersection with Terra Nova Drive 910.75 387.50
E Blue Shield At the intersection of Bechelli Lane and
South Bonnyview Road 11,221.74 6,299.00
F Placer Pines West of Placer Street at the intersection with Boston Avenue
241.89 164.34
G Quail Run South of Marlene Avenue at the
intersection with Cockerill Drive
456.99 271.26
H
Clover Creek
Village
West of Airport Road at the intersection
with Preserve Boulevard
236.98 199.08
H1 Clover Creek
Village, Zone 1
West of Airport Road at the intersection
with Preserve Boulevard
140.74 88.52
J
Sunset
Avenues, Units
1 and 2
North of State Route 299 at the
intersection with Buenaventura Boulevard
794.28 460.06
K Nob Hill West of Almond Avenue near the
intersection with Shasta Street
395.52 330.78
L Terra Vista East of Churn Creek Road at the
intersection with Loma Vista Drive
602.80 231.34
Packet Pg. 420
Report to Redding City Council June 15, 2023
Re: 4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts Page 4 LMD District Name General Location Proposed
Assessment
Proposed
Levy ($)
M
Parkview/
Leland
Between Lanning Avenue and Leland
Avenue south of Fell Street
412.36 347.34
N
Villages at
Shasta View
Gardens
West of Shasta View Drive at the
intersection with Tarmac Road

80.36 59.80
O Nicolet Estates West of East Bonnyview Road at the
intersection with Nicolet Lane
1,403.07 825.00
P
Mill Pond
Estates
East of East Bonnyview Road at the south
end of Mill Pond Lane
871.05 520.00
Q
Clover Acres,
Units 1 and 2
Near the intersection of Wimbledon Drive
and Agassi Street
305.00 221.86
R Cerro Vista South of Radio Lane at the intersection
with Cerro Lane
429.39 245.48
S
Fleur Du Lac West of Shasta View Drive at the
intersection with Voltaire Way
280.71 202.12
S1 Fleur Du Lac,
Zone 1
West of Shasta View Drive at the
intersection with Goren Court
586.32 321.32
T
Redwood
Meadows
At the intersection of Marijean Way and
Redwood Boulevard
1,171.53 626.60
U Bel Air Estates West of the intersection with Quartz Hill Road and Stone Canyon Drive
113.38 0
V
Lakeside
Avenues
East of Buenaventura Boulevard at the
intersection with Lakeside Drive
796.15 350.78
W
Crown
Meadows
Estates
South of Girvan Road at the intersection
with Pit Road
195.16 134.10
01-06 Tarmac Ridge
Villas
West of Shasta View Drive at the
intersection with Tarmac Road
331.56 153.78
02-06 Galaxy Way At the west end of Galaxy Way at the
intersection with Morningsun Drive
547.32 198.90
03-06 Hope
Subdivision
East of Hope Lane at the intersection with
Carnegie Drive
596.96 144.40
Packet Pg. 421
Report to Redding City Council June 15, 2023
Re: 4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts Page 5 LMD District Name General Location Proposed
Assessment
Proposed
Levy ($)
04-06 Rivercrest
Estates
East of Bechelli Lane south of the
intersection with Woodacre Drive
506.32 265.58
05-06 Monopoly
Estates
Along Boardwalk Place at the intersection
with Wyndham Lane
1,102.03 0
06-06 Lowe's HIW North of East Cypress Avenue at the
intersection with Alfreda Way
28,100.21 14,937.00
07-06 Buckeye Pines West of Lake Boulevard at the
intersection with Wilmington Way
778.20 354.36
08-06
Shastina Ranch
(Stonesfair/
Silverstone
annex.)
Along Shasta View Drive from Rancho
Road to Airport Road
788.47 673.94
09-06 Buenaventura
Park
South of Waushara Avenue at the
intersection of Piper Way
684.73 401.30
11-06 Tuscany
Village
East of Gold Hills Drive at the
intersection with Oasis Road
387.00 0
01-07
State
Compensation
Insurance
East of Shasta View Drive at the
intersection of Tarmac Road
898.80 898.80
02-07 Hilltop Center East of Hilltop Drive at the intersection of Browning Street
865.72 865.72
02-09 Placer West
On the southerly side of Placer Road
between Mary Lake Drive and O'Connor
Avenue
1,242.86 659.26
03-09 Highland Park
Just east of Interstate 5 south of State
Route 299E, west of Churn Creek Road,
and north of Browning Street
359.83 348.38
01-11
River Ridge
Park/Terrace
and Stanford
Manor
On the south side of Quartz Hill Road,
easterly one-quarter mile from River
Ridge Drive to 150 feet west of White
Sail Drive
137.25 119.42
02-11 River Park
Highlands
At the intersection of Benton Drive and
River Park Drive and along River Park
Drive
108.03 108.02
03-11
River Heights
and River
Heights PD
At the intersection of Hilltop Drive and
River Bend Road and along River Bend
Road
326.27 292.56
Packet Pg. 422
Report to Redding City Council June 15, 2023
Re: 4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts Page 6 LMD District Name General Location Proposed
Assessment
Proposed
Levy ($)
01-13 College
Highlands
On the west side of Shasta View Drive
between Simpson Boulevard and Palacio
Drive
288.15 269.60
02-14 Westside
At the intersection of Placer Street and
Boston Avenue, White Hawk Estates,
Units 2 and 3 generally located at the
intersection of Teton Drive and Crescent
Moon Drive, and Ridge View Estates
located at the intersection of Placer Road
and Cumberland Drive

91.11 89.22
03-14 Browning
Pointe
On the west side of Browning Street
Boulevard from Old Alturas Road to
Friendly Road
744.13 693.64
01-15 Hidden Hills At Bodenhamer Boulevard and
Rollingview Drive

84.79 84.78
02-16 Shasta View
SW
On the west side of Shasta View from
Castlewood Drive to Pacific Avenue

74.85 74.84
03-16 River Pointe Calgary Place and Beretta Lane and a portion of Oxbow Street
199.98 182.88
01-17 Salt Creek
Heights
The subdivision north of Sunflower Drive
at the intersection of Buenaventura
Boulevard
520.84 520.84
01-19 Seven Bridges
East of Shasta View Drive on the south
side of Oasis Road on the center medians
and the north side of Oasis Road
515.41 501.26
02-19
Center Court
Village (Elk
Crest annex.)
At both parkway strips of Palm Springs
Drive, at the corners of Sampras Drive
and Goolagong Drive, and at the corners
at Goolagong Drive and Argyle Road
263.55 229.10
01-20 Rio (Wyndham
Pointe)
Along Wyndham Lane crossing Thea
Drive, a section of the parkway strips at
Thea Drive, and at the intersection of
Ginny Court and Lagoon Drive
882.60 685.26
01-22 Luke Estates
On the south side of Old Alturas Road,
east of Oak Mesa Lane, and west of
Shasta View Drive
1532.56 1148.90
Packet Pg. 423
Report to Redding City Council June 15, 2023
Re: 4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts Page 7 Environmental Review
Determine that the recommended actions do not constitute a project subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5), finding that the project is an organizational or administrative activity of governments that will not result in direct or indirect physical changes in the environment.

Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”
• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
^Resolution - Set Public Hearing date for LMDs ABC
^Resolution - Set Public Hearing date for all other LMDs Engineer's Report LMD A - 2023
Engineer's Report LMD B - 2023
Engineer's Report LMD C - 2023
Engineer's Reports (Excluding LMD A, B, & C - 2023)
Packet Pg. 424
RESOLUTION NUMBER 2023-

LANDSCAPE MAINTENANCE DISTRICTS

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING

APPROVING THE REPORT OF THE ENGINEER AS FILED AND DECLARING ITS INTENTION TO:
(1) SET A PUBLIC HEARING DATE REGARDING THE FOLLOWING
LANDSCAPE MAINTENANCE DISTRICTS: A, B, AND C;
(2) LEVY AND COLLECT ASSESSMENTS IN THESE DISTRICTS FOR FISCAL YEAR 2023-24 PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972, COMMENCING WITH SECTION 22500 OF THE

STREETS AND HIGHWAYS CODE
WHEREAS:

A. The City Council heretofore ordered the consolidated formation of the following Landscape Maintenance Districts under authority granted by the Landscaping and Lighting Act of 1972 as outlined in Part 2 of Division 15 of the Streets and Highways Code of the State of California.

B. The purpose of these Districts is to provide maintenance to those landscaping improvements required within the public rights-of-way and/or easements by the conditions of development approval for each District and the general locations as outlined in the table below.

C. The Engineer has filed his report with the City Clerk according to Streets and Highways Code Section 22565, et seq.

D. This Resolution satisfies of those requirements outlined in the Streets and Highways Code Section 22624.

NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL THAT:

1. The matters set forth above are true, correct, and are adopted herein.

2. According to the Streets and Highways Code §22623, the Engineer’s Report, as filed, is hereby approved.

3. The Engineer’s Report, on file with the City Clerk, contains a complete and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon the assessable acres and remaining parcels within the District.

4. The existing improvements for each subdivision in the District are outlined in Part B of the Engineer’s Reports on file with the City Clerk.

5. The general locations of the acres and remaining parcels in the District are outlined in Part A of the Engineer’s Reports on file with the City Clerk.

6. Only costs for the maintenance of landscaping, miscellaneous lighting, mulching, vandalism, repairs to the irrigation system, electric and water charges, replacement of vegetation as necessary, removal of trimmings, rubbish, and debris, maintenance of the detention basin, and other improvements to remove or cover graffiti, administrative costs, painting of any walls, and such other maintenance and incidental expenses as are authorized by Streets and Highways Code Sections 22526 and 22531 will be assessed.

Packet Pg. 425 Attachment: ^Resolution - Set Public Hearing date for LMDs ABC (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts)

7. A public hearing will be held on Tuesday, July 18, 2023, at the hour of 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 777 Cypress Avenue, Redding, California, to address the confirmation and approval of the proposed assessment for the Fiscal Year 2023-24. The proposed assessment for the Fiscal Year 2023-24 is outlined in the table below. The Council intends to levy said assessment as indicated in the table below for the Fiscal Year 2023-24.

8. The City Clerk shall give notice of said hearing according to the Streets and Highways Code Section 22626(a).

LMD District Name
Proposed
Assessment
Proposed
Levy
A Miscellaneous $29.46 $29.46
General Location:

Ravenwood Estates, Units 1,2, 3, 4, 5, 6,7, 8, 8A, 9, and 17, generally located near the intersection of Old Alturas Road and Shasta View Drive.

B Miscellaneous $71.00 $71.00
General Location:

Alder Creek (Hacienda Heights), Units 7A, 7B, 8 and 9, generally located near the intersection of Shasta View Drive and Palacio Drive; Almaden Estates, Units 1 and 2, generally located at the intersection of Placer Street and Buenaventura Boulevard; Carriage Glen Estates, Units 5A, 5B and 6, generally located east of Shasta View Drive near Castlewood Drive; Copper Creek, Units 1, 2, and 3, generally located along Shasta View Drive, Rancho Road, and Goodwater Avenue; Darsha Lane, generally located south of Old Alturas Road off Oak Mesa Lane; East Redding Estates, Unit 1, generally located east of Victor Avenue on the south side of East Cypress Avenue; Forest Homes, Phase 3, Unit 3, generally located at the intersection of Shasta View Drive and Leonard Street; Girvan Estates, Unit 1, generally located at Girvan Road and Pit Road; Gold Hills, Units 3A, 5, 6, R1, and R2, generally located in various locations at the east side of Gold Hills Country Club; Heritage Oaks, generally located south of Old Alturas Road off Oak Mesa Lane; Highland Oaks, Unit 4, generally located at the intersection of Shasta View Drive and Castlewood Drive; Land Park, Units 1, 2, 3, 4, and R1, generally located west of the intersection of Buenaventura Boulevard and Sutro Mine Road; Monterey Springs, Units 1 and 2, generally located at the intersection of Churn Creek Road and Palacio Drive; Mountain View Heights, Unit 4, generally located west of Shasta View Drive near Palacio Drive; Oak Meadows Estates, Unit 1, generally located east of the intersection of Shasta View Drive and Galaxy Way; Oak Mesa Estates, Unit 2, generally located south of Old Alturas Road off Oak Mesa Lane; Quail Hollow, Unit 3, generally located north of the intersection of Churn Creek Road and Palacio Drive on Olympic Street; Ravenwood Estates, Units 11, 12, 13, 14, 15, 16, and 18, generally located near the intersection of Old Alturas Road and Rose Tree Lane; Robles North, Units 1 and 2, generally located at the intersection of Meadowview Drive and Robles Drive; Shasta View Manor, Unit 1, generally located near the intersection of Tarmac Road and Charade Way; St. Thomas Heights, Unit 1, generally located at the intersection of Hilltop Drive and St. Thomas Parkway; Stillwater Heights, Units 1, 2, 3, and 4, generally located at the intersection of Old 44 Drive and Carson Drive; and Tierra Bendito, generally located south of Old Alturas Road off Oak Mesa Lane.

C Miscellaneous $7.46 $0.00
General Location:

Blossom Park, Units 1, 2, 3, 4, 5, R1 and R3, generally located near the intersection of Churn Creek Road and Constitution Way; Churn Creek Park, including Unit R1, generally located near the intersection of Churn Creek Road and Constitution Way; Fairway Estates, Units 1 and R1, generally located at the east end of Poppy Hills Drive; Forest Hills Estates, Units 1 and R1, generally located at the south end of Heritagetown Drive; and Potter Manor, Unit 1, generally located at the intersection of Shasta View Drive and Galaxy Way.

Packet Pg. 426 Attachment: ^Resolution - Set Public Hearing date for LMDs ABC (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 20th day of June, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

MICHAEL DACQUISTO, Mayor
ATTEST: FORM APPROVED:

PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 427 Attachment: ^Resolution - Set Public Hearing date for LMDs ABC (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) RESOLUTION NUMBER 2023-___

LANDSCAPE MAINTENANCE DISTRICTS

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING

APPROVING THE REPORT OF THE ENGINEER AS FILED AND
DECLARING ITS INTENTION TO:

1. SET A PUBLIC HEARING DATE REGARDING THE

FOLLOWING LANDSCAPE MAINTENANCE DISTRICTS D, E, F,
G, H, H1, J, K, L, M, N, O, P, Q, R, S, S1, T, U, V, W, 01-06, 02-06, 03-06, 04-06, 05-06, 06-06, 07-06, 08-06, 09-06, 11-06, 01-07, 02-07, 02- 09, 03-09, 01-11, 02-11, 03-11, 01-13, 02-14, 03-14, 01-15, 02-16, 03-16, 01-17, 01-19, 02-19, 01-20 AND 01-22.

2. LEVY AND COLLECT ASSESSMENTS IN THESE DISTRICTS
FOR FISCAL YEAR 2023-24 PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972, COMMENCING
WITH SECTION 22500 OF THE STREETS AND HIGHWAYS
CODE OF THE STATE OF CALIFORNIA.

WHEREAS:

A. The City Council heretofore ordered the consolidated formation of the Landscape Maintenance Districts under authority granted by the Landscaping and Lighting Act of 1972 as outlined in Part 2 of Division 15 of the Streets and Highways Code of the State of California.

B. The purpose of these Districts is to provide maintenance to those landscaping improvements required within the public rights-of-way and/or easements by the conditions of development approval for each District and the general locations as outlined in the table below.

C. The Engineer has filed his report with the City Clerk according to Streets and Highways Code Section 22565, et seq.

D. This Resolution is made to satisfy those requirements outlined in the Streets and Highways Code Section 22624.

E. The assessments for the Fiscal Year 2023-24 are not an increase within the meaning of Streets and Highways Code §22624 and 22630.5 because the cost of living adjustment provided for herein was approved at the time of the formation of the Districts.

NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL THAT:

1. The matters set forth above are true, correct, and are adopted herein.

2. According to the Streets and Highways Code §22623, the Engineer's Report as filed is hereby approved.

3. The Engineer's Reports, on file with the City Clerk, contain a complete and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon the assessable acres and remaining parcels within the districts.

Packet Pg. 428 Attachment: ^Resolution - Set Public Hearing date for all other LMDs (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts)

4. The existing improvements for each subdivision in the Districts are outlined in Part B of the Engineer's Reports on file with the City Clerk.

5. The general locations of the acres and remaining parcels in the District are outlined in Part A of the Engineer's Reports on file with the City Clerk.

6. Only costs for the maintenance of landscaping, miscellaneous lighting, mulching, vandalism, repairs to the irrigation system, electric and water charges, replacement of vegetation as necessary, removal of trimmings, rubbish, and debris, maintenance of the detention basin, and other improvements to remove or cover graffiti, administrative costs, painting of any walls, and such other maintenance and incidental expenses as are authorized by Streets and Highways Code Sections 22526 and 22531, will be assessed.

7. A public hearing will be held on Tuesday, July 18, 2023, at the hour of 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 777 Cypress Avenue, Redding, California, to address the confirmation and approval of the proposed assessment for the Fiscal Year 2023-24. The proposed assessment for the Fiscal Year 2023-24 is outlined in the table below. The Council intends to levy said assessment in the amount also indicated in the table below for the Fiscal Year 2023-24.

8. The City Clerk shall give notice of said hearing according to the Streets and Highways Code Section 22626(a).

LMD District Name General Location Proposed
Assessment
Proposed
Levy ($)
D The Vistas North of Quartz Hill Road at the
intersection with Terra Nova Drive 910.75 387.50
E Blue Shield At the intersection of Bechelli Lane and
South Bonnyview Road
11,221.74 6,299.00
F Placer Pines West of Placer Street at the intersection with Boston Avenue 241.89 164.34
G Quail Run South of Marlene Avenue at the
intersection with Cockerill Drive 456.99 271.26
H
Clover Creek
Village
West of Airport Road at the intersection
with Preserve Boulevard 236.98 199.08
H1 Clover Creek
Village, Zone 1
West of Airport Road at the intersection
with Preserve Boulevard
140.74 88.52
Packet Pg. 429 Attachment: ^Resolution - Set Public Hearing date for all other LMDs (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) LMD District Name General Location Proposed
Assessment
Proposed
Levy ($)
J
Sunset Avenues,
Units 1 and 2
North of State Route 299 at the
intersection with Buenaventura
Boulevard
794.28 460.06
K Nob Hill West of Almond Avenue near the
intersection with Shasta Street 395.52 330.78
L Terra Vista East of Churn Creek Road at the
intersection with Loma Vista Drive 602.80 231.34
M
Parkview/
Leland
Between Lanning Avenue and Leland
Avenue south of Fell Street 412.36 347.34
N
Villages at Shasta
View Gardens
West of Shasta View Drive at the
intersection with Tarmac Road 80.36 59.80
O Nicolet Estates West of East Bonnyview Road at the
intersection with Nicolet Lane 1403.07 825.00
P Mill Pond Estates East of East Bonnyview Road at the south end of Mill Pond Lane 871.05 520.00
Q
Clover Acres,
Units 1 and 2
Near the intersection of Wimbledon Drive
and Agassi Street 305.00 221.86
R Cerro Vista South of Radio Lane at the intersection
with Cerro Lane
429.39 245.48
S Fleur Du Lac West of Shasta View Drive at the
intersection with Voltaire Way 280.71 202.12
S1
Fleur du Lac,
Zone 1
West of Shasta View Drive at the
intersection with Goren Court
586.32 321.32
Packet Pg. 430 Attachment: ^Resolution - Set Public Hearing date for all other LMDs (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) LMD District Name General Location Proposed
Assessment
Proposed
Levy ($)
T
Redwood
Meadows
At the intersection of Marijean Way and
Redwood Boulevard 1,171.53 626.60
U Bel Air Estates West of the intersection with Quartz Hill Road and Stone Canyon Drive 113.38 0.00
V
Lakeside
Avenues
East of Buenaventura Boulevard at the
intersection with Lakeside Drive 796.15 350.78
W
Crown Meadows
Estates
South of Girvan Road at the intersection
with Pit Road 195.16 134.10
01-06 Tarmac Ridge
Villas
West of Shasta View Drive at the
intersection with Tarmac Road 331.56 153.78
02-06 Galaxy Way At the west end of Galaxy Way at the
intersection with Morningsun Drive 547.32 198.90
03-06 Hope Subdivision East of Hope Lane at the intersection with Carnegie Drive 596.96 144.40
04-06 Rivercrest Estates East of Bechelli Lane south of the intersection with Woodacre Drive 506.32 265.58
05-06 Monopoly
Estates
Along Boardwalk Place at the intersection
with Wyndham Lane 1,102.03 0.00
06-06 Lowe's HIW North of East Cypress Avenue at the
intersection with Alfreda Way 28,100.21 14,937.00
07-06 Buckeye Pines West of Lake Boulevard at the
intersection with Wilmington Way 778.20 354.36
08-06
Shastina Ranch
(Stonesfair/
Silverstone
annex.)
Along Shasta View Drive from Rancho
Road to Airport Road 788.47 673.94
Packet Pg. 431 Attachment: ^Resolution - Set Public Hearing date for all other LMDs (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) LMD District Name General Location Proposed
Assessment
Proposed
Levy ($)
09-06 Buenaventura
Park
South of Waushara Avenue at the
intersection of Piper Way 684.73 401.30
11-06 Tuscany Village East of Gold Hills Drive at the
intersection with Oasis Road 387.00 0.00
01-07
State
Compensation
Insurance
East of Shasta View Drive at the
intersection of Tarmac Road 898.80 898.80
02-07 Hilltop Center East of Hilltop Drive at the intersection of Browning Street 865.72 865.72
02-09 Placer West
On the southerly side of Placer Road
between Mary Lake Drive and O'Connor
Avenue
1,242.86 659.26
03-09 Highland Park
Just east of Interstate 5 south of State
Route 299E, west of Churn Creek Road,
and north of Browning Street
359.83 348.38
01-11
River Ridge
Park/Terrace and
Stanford Manor
On the south side of Quartz Hill Road,
easterly one-quarter mile from River
Ridge Drive to 150 feet west of White Sail
Drive
137.25 119.42
02-11 River Park
Highlands
At the intersection of Benton Drive and
River Park Drive and along River Park
Drive
108.03 108.02
03-11 River Heights and
River Heights PD
At the intersection of Hilltop Drive and
River Bend Road and along River Bend
Road
326.27 292.56
01-13 College
Highlands
On the west side of Shasta View Drive
between Simpson Boulevard and Palacio
Drive
288.15 269.60
02-14 Westside
At the intersection of Placer Street and
Boston Avenue, White Hawk Estates,
Units 2 and 3 generally located at the
intersection of Teton Drive and Crescent
Moon Drive, and Ridge View Estates
located at the intersection of Placer Road

91.11 89.22
Packet Pg. 432 Attachment: ^Resolution - Set Public Hearing date for all other LMDs (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) LMD District Name General Location Proposed
Assessment
Proposed
Levy ($)
and Cumberland Drive
03-14 Browning Pointe
On the west side of Browning Street
Boulevard from Old Alturas Road to
Friendly Road
744.13 693.64
01-15 Hidden Hills At Bodenhamer Boulevard and
Rollingview Drive 84.79 84.78
02-16 Shasta View SW On the west side of Shasta View from Castlewood Drive to Pacific Avenue 74.85 74.84
03-16 River Pointe Calgary Place and Beretta Lane and a portion of Oxbow Street 199.98 182.88
01-17 Salt Creek
Heights
The subdivision north of Sunflower Drive
at the intersection of Buenaventura
Boulevard
520.84 520.84
01-19 Seven Bridges
East of Shasta View Drive on the south
side of Oasis Road on the center medians
and the north side of Oasis Road
515.41 501.26
02-19
Center Court
Village (Elk Crest
annex.)
At both parkway strips of Palm Springs
Drive, at the corners of Sampras Drive
and Goolagong Drive, and at the corners
at Goolagong Drive and Argyle Road
263.55 229.10
01-20 Wyndham Pointe
Along Wyndham Lane crossing Thea
Drive, a section of the parkway strips at
Thea Drive, and at the intersection of
Ginny Court and Lagoon Drive
882.60 685.26
01-22
Luke Estates
On the south side of Old Alturas Road,
east of Oak Mesa Lane, and west of
Shasta View Drive.
1,532.56 1,148.90
Packet Pg. 433 Attachment: ^Resolution - Set Public Hearing date for all other LMDs (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 20th day of June 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

MICHAEL DACQUISTO, Mayor
ATTEST: FORM APPROVED:

PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 434 Attachment: ^Resolution - Set Public Hearing date for all other LMDs (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 435
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 436
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 437
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 438
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 439
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 440
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 441
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 442
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 443
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 444
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 445
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 446
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 447
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 448
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 449
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 450
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 451
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 452
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 453
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 454
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 455
Attachment: Engineer's Report LMD A - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 456
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 457
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 458
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 459
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 460
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 461
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 462
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 463
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 464
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 465
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 466
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 467
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 468
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 469
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 470
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 471
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 472
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 473
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 474
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 475
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 476
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 477
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 478
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 479
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 480
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 481
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 482
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 483
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 484
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 485
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 486
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 487
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 488
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 489
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 490
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 491
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 492
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 493
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 494
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 495
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 496
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 497
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 498
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 499
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 500
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 501
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 502
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 503
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 504
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 505
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 506
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 507
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 508
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 509
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 510
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 511
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 512
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 513
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 514
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 515
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 516
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 517
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 518
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 519
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 520
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 521
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 522
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 523
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 524
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 525
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 526
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 527
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 528
Attachment: Engineer's Report LMD B - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 529
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 530
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 531
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 532
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 533
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 534
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 535
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 536
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 537
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 538
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 539
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 540
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 541
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 542
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 543
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 544
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 545
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 546
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 547
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 548
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 549
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 550
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 551
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 552
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 553
Attachment: Engineer's Report LMD C - 2023 (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 554
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 555
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 556
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 557
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 558
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 559
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 560
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 561
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 562
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 563
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 564
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 565
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 566
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 567
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 568
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 569
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 570
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 571
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 572
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Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 576
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Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 578
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Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 583
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 584
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 585
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 586
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 587
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Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 595
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Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 607
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 608
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 609
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 610
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 611
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 612
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 613
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 614
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 615
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 616
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 617
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 618
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 619
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Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 625
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 626
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 627
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 628
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 629
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 630
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 631
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 632
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 633
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 634
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 635
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 636
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 637
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 638
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 639
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 640
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 641
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 642
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 643
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 644
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 645
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 646
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 647
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 648
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 649
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 650
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 651
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 652
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 653
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 654
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 655
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 656
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 657
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 658
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 659
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 660
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 661
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 662
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 663
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 664
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 665
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 666
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 667
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 668
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 669
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 670
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 671
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 672
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 673
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 674
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 675
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 676
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 677
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 678
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 679
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 680
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 681
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 682
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 683
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 684
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 685
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 686
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 687
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 688
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 689
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 690
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 691
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 692
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 693
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 694
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 695
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 696
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 697
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 698
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 699
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 700
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 701
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 702
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 703
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 704
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 705
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 706
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 707
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 708
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 709
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 710
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 711
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 712
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 713
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 714
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 715
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 716
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 717
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 718
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 719
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 720
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 721
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 722
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 723
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 724
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 725
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 726
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 727
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 728
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 729
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 730
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 731
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 732
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 733
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 734
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 735
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 736
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 737
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 738
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 739
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 740
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 741
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 742
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 743
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 744
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 745
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 746
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 747
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 748
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 749
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 750
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 751
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 752
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 753
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 754
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 755
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 756
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 757
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 758
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 759
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 760
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 761
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 762
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 763
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 764
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 765
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 766
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 767
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 768
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 769
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 770
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 771
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 772
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 773
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 774
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 775
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 776
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 777
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 778
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 779
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 780
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 781
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 782
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 783
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 784
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 785
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 786
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 787
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 788
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 789
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 790
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 791
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 792
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 793
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 794
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 795
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 796
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 797
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 798
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 799
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 800
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 801
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 802
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 803
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 804
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 805
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 806
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 807
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 808
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts) Packet Pg. 809
Attachment: Engineer's Reports (Excluding LMD A, B, & C - 2023) (4.6(b)--Resolution re Public Hearing-Landscape Maintenance Districts)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve the following:
(1) Authorize the City Manager, or designee, to execute the Boating Access Program funding agreement in amount of $451,290 and all documents necessary to implement the program;
(2) Adopt Resolution approving and adopting the 93rd Amendment to City Budget Resolution No. 2021-078 appropriating $451,290 for Fiscal Year 2022-23 and authorizing the addition of three new Public Works Maintenance Worker positions and one new Gardener position for the Parks Division to complete the work outlined in the grant agreement.

Fiscal Impact
The Boating Access Program grant will fund four staff positions specifically for river access facility maintenance. The $451,281 grant award will fund three new Public Works Maintenance Workers, one new Gardener position, and $16,000 in general expenses for one year of maintenance activities. A match of 25 percent ($150,427) of the total project cost ($601,708) is required and will be covered through in-kind services already budgeted.

If the grant is not renewed, the employees will be re-assigned to vacant positions or separated during the probationary period. There is no new fiscal impact to the General Fund.

Alternative Action
The City Council (Council) could decline to accept the Boating Access Program grant which would result in a missed opportunity to fund maintenance costs associated with multiple river access locations. Or, Council could provide staff with alternative direction.

Background/Analysis
MEETING DATE: June 20, 2023
ITEM NO. 4.6(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(c)--Accept the Facility Maintenance and Operation Grant and Authorize Grant-Funded Positions
Kim Niemer, Community
Services Director
Packet Pg. 810
Report to Redding City Council June 13, 2023
Re: 4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize PositionsPage 2 Grants within the Boating Access Program, a sub-program of the Sport Fish Restoration Grant Program, provide maintenance and operations funding for a broad range of river access facilities and associated amenities that benefit recreational boaters. Though many development grants are available for parks, trails, and facilities, grants that fund maintenance are rarely available. Under this program, state Fish and Wildlife Agencies that partner with local governments, other state agencies, or non-governmental organizations to ensure public access to state-controlled waters are eligible. The Redding office of the California Department of Fish and Wildlife (CDFW) partnered with the City of Redding to apply for the funds, thereby recognizing the value of the local facilities to the sport fishing community, as well as the State’s previous investment in the development of these facilities, and the associated burden of maintenance costs.

Staff submitted the application on December 29, 2022, and Council ratified the application at the January 17, 2023, meeting. CDFW notified staff of the award on June 1, 2023, and a funding agreement will be issued shortly. A copy of the funding notification is attached. The Boating Access Program funds additional maintenance efforts using existing maintenance funding as a match. Staff will be added to the Parks Division to complement existing efforts at river access facilities, including additional vegetation management, repairs, cleaning, and other routine tasks.

Accepting the grant award will not fund capital improvement projects at any of the facilities, and the recommended actions have no impact on the City’s lease with the Redding Rodeo Association, Advanced Redding or Turtle Bay Exploration Park.

During the one-year performance period (July 1, 2023 through June 30, 2024), the grant funds four staff positions for work at the following six facilities:
• Lake Redding Boat Ramp;
• John Reginato River Access;
• Turtle Bay Boat Ramp;
• Nur Pon Open Space and River Access;
• Turtle Bay East Open Space and River Access; and
• Kum Bay Xerel Open Space and River Access.

Environmental Review
These are routine maintenance items, and the subsequent California Environmental Quality Act findings are included with the 2023-2025 Biennial Budget consideration. No further action is required.

Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” • Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Packet Pg. 811
Report to Redding City Council June 13, 2023
Re: 4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize PositionsPage 3 Attachments
Previous Staff Report - January 17, 2023, item 4.6(d)
Notice of Award - Grant No. 423AF01256-00
Resolution No 93
Packet Pg. 812

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve and ratify the City of Redding Community Services Department’s submittal of a Boating Access Program grant application in an amount not to exceed $600,000 to provide funding assistance for boat ramp and fishing facility operations and maintenance at multiple river access locations.

Fiscal Impact
The scope of the Boating Access Program grant will be negotiated if the application is selected.

A match of 25 percent is required and will be covered through in-kind services by City of Redding (City) staff; these staff positions are currently funded positions that maintain the facilities.

Alternative Action
Due to timing constraints for the grant application, an application was submitted to meet grant timelines. The City Council (Council) could decline to ratify staff’s submission of the Boating Access Program grant application which would result in a missed opportunity to fund maintenance costs associated with multiple river access locations and would direct staff to withdraw the grant application. Or, Council could provide staff with alternative direction.

Background/Analysis
Grants within the Boating Access Program, a sub-program of the Sport Fish Restoration Grant Program, can fund a broad range of river access facilities and associated amenities that benefit recreational boaters. These grants are available to State Fish and Wildlife Agencies that sometimes partner with local governments, other state agencies, or non-governmental organizations to ensure public access to State-controlled waters. The Redding office of the California Department of Fish and Wildlife (CDFW) has partnered with the City to apply for the MEETING DATE: January 17, 2023
ITEM NO. 4.6(d)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(d)--Ratification of Boating Access Program Grant Application for Sport Fish Restoration Grant Program
Kim Niemer, Community
Services Director
Packet Pg. 813 Attachment: Previous Staff Report - January 17, 2023, item 4.6(d) (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Report to Redding City Council January 11, 2023
Re: 4.6(d)--Authorize Grant Application for Sport Fish Restoration Grant Program Page 2 funds, thereby recognizing the value of the facilities to the sport fishing community, as well as the State’s previous investment in the development of these facilities, and the associated burden of maintenance costs.

Though many development grants are available for parks, trails, and facilities, those that fund maintenance are rarely available. The Boating Access Program will fund up to 75 percent of the ongoing maintenance and operations costs currently paid by the City, and absorb some capital project costs such as parking lot and access road asphalt maintenance. The program is new to the CDFW, and the window of opportunity to apply is limited. The grant application deadline was December 31, 2022, and staff submitted the application on December 29, 2022. Staff is still working through the details and will return with a complete proposal and contract, if awarded funding.

The application seeks funding for operations and maintenance of the following six facilities:
• Lake Redding Boat Ramp
• John Reginato River Access
• Turtle Bay Boat Ramp
• Nur Pon Open Space and River Access
• Turtle Bay East Open Space and River Access
• Kum Bay Xerel Open Space and River Access
Environmental Review
These are routine maintenance items, and are not considered a project as defined under the California Environmental Quality Act. No further action is required.

Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds”
Attachments
^Location Map - River Access Facilities
Packet Pg. 814 Attachment: Previous Staff Report - January 17, 2023, item 4.6(d) (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize (Subject to the availability of funds and satisfactory progress of the project):
a. DEDUCTION
b. ADDITIONAL COSTS
c. MATCHING
d. OTHER RESEARCH (Add / Deduct Option)
e. OTHER (See REMARKS)
c. This award notice including terms and conditions, if any, noted below under REMARKS. d. Federal administrative requirements, cost principles and audit requirements applicable to this grant.

In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise obtained from the grant payment system.

REMARKS (Other Terms and Conditions Attached - Yes No)
d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION
c. Less Cumulative Prior Award(s) This Budget Period
a. d.
b. e.
c. f.

13. Total Federal Funds Awarded to Date for Project Period

14. RECOMMENDED FUTURE SUPPORT
Salaries and Wages
Fringe Benefits ……………….................$

TOTAL DIRECT COSTS

INDIRECT COSTS

TOTAL APPROVED BUDGET
Federal Share
Non-Federal Share
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.

FINANCIAL ACCT

17. VENDOR CODE

AMT OF FIN ASST START DATE
18b. DUNS

END DATE

19. CONG. DIST.

TAS ACCT
.…...….…..$
…………………………...$
…………………………...$
…………………………...$
…………………………...$
…………………………...$
…………………….……..$
m.
n.
m)

YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS

ALL AMOUNTS ARE SHOWN IN USD
II Total project costs including grant funds and all other financial participation b. Less Unobligated Balance From Prior Budget Periods

11. APPROVED BUDGET (Excludes Direct Assistance) 12. AWARD COMPUTATION I Financial Assistance from the Federal Awarding Agency Only a. Amount of Federal Financial Assistance (from item 11 ALTERNATIVES:

15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING

ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY OR BY REFERENCE IN THE FOLLOWING:

16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY a. The grant program legislation.
b. The grant program regulations.
10a. GRANTEE AUTHORIZING OFFICIAL 10b. FEDERAL PROJECT OFFICER NOTICE OF AWARD 1a. SUPERSEDES AWARD NOTICE dated
Originating MCA #
AUTHORIZATION (Legislation/Regulations)

4. GRANT NO.
5a. ACTION TYPE

6. PROJECT PERIOD

7. BUDGET PERIOD
9a. GRANTEE NAME AND ADDRESS 9b. GRANTEE PROJECT DIRECTOR

MM/DD/YYYY

MM/DD/YYYY MM/DD/YYYY

MM/DD/YYYY MM/DD/YYYY

1. DATE ISSUED

2. CFDA NO.

3. ASSISTANCE TYPE

8. From Through
From Through
4a. FAIN

5. TYPE OF AWARD
except that any additions or restrictions previously imposed remain in effect unless specifically rescinded
……………….................$
Total Personnel Costs
Equipment
Supplies
Travel
Construction
Other
Contractual

TITLE OF PROJECT (OR PROGRAM)
LINE# PO LINE DESCRIPTION
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
18a. UEI
Dingell-Johnson Sport Fish Restoration Act—Sport Fish Restoration (16 U.S.C. §777 et seq., except §§777e-1 and g-1) 05/16/2023 07/01/2023 06/30/2024 07/01/2023 06/30/2024 Boating and Fishing Access Maintenance and Operations - Redding, CA 0.00 0.00 0.00 0.00 0.00 0.00 601,708.00 0.00 601,708.00 0.00 601,708.00 150,427.00 451,281.00 0.00 0.00 2 3 4
b
II

15.605 - Sport Fish Restoration
Ms. Jennifer Wolfrom
1416 9TH STREET 12TH FLOOR
SACRAMENTO, CA, 95814-5515
Phone: 916.445.3694

CALIFORNIA DEPARTMENT OF FISH & WILDLIFE
1416 9th St Fl 12
Sacramento, CA, 95814-5515
Mrs. Nicole Viehman
715 P Street -16th Floor
SACRAMENTO, CA, 95814-6400
Phone: 916-207-3987
Ms. Becky Miller
2800 COTTAGE WAY, W-1729
SACRAMENTO, CA, 95825
Phone: 916-978-6185
451,281.00 0070057965 808322358 06 Formula Grant 0.00 451,281.00 6 7 Justin Cutler, Grants Management Specialist
2800 Cottage Way, W-1729
Sacramento, CA, 95825-1886
Phone: 916-414-6457
GRANTS MANAGEMENT OFFICIAL: 5
451,281.00 F23AF01256-00 F23AF01256 New Other 1 0051034875-00010 $451,281.00 07/01/2023 06/30/2024 8151 Freshwater Boating Access - CFDA 15.605 UVKGJ6U1SEG3 Packet Pg. 815 Attachment: Notice of Award - Grant No. 423AF01256-00 (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Positions) Federal Financial Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date 07/01/2023 06/30/2024 Final 10/28/2024
Performance Progress Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date 07/01/2023 06/30/2024 Final 10/28/2024

SCOPE OF WORK
Project Description
The Service hereby incorporates the recipient’s application submitted to and approved by the Service into these award terms and conditions.

This award titled “Boating and Fishing Access Maintenance and Operations - Redding, CA” is based on Service approval of your organization’s proposal, hereby incorporated by reference into this award.

1. Terms and Conditions
Buy America Provision
Required Use of American Iron, Steel, Manufactured Products, and Construction Materials for Infrastructure As required by Section 70914 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58), on or after May 14, 2022, none of the funds under a federal award that are part of a Federal financial assistance program for infrastructure may be obligated for a project unless all the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. Recipients must include the requirements in this section all subawards, including all contracts and purchase orders for work or products under this program.

None of the funds provided under this award may be used for a project for infrastructure unless:

All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States,

1. All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation, and

2. all construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

3. This Buy America preference only applies to articles, materials, and supplies consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

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NOTICE OF AWARD (Continuation Sheet)
11 Packet Pg. 816 Attachment: Notice of Award - Grant No. 423AF01256-00 (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Positions) For more information, visit the Department’s Buy America site at www.doi.gov/grants/BuyAmerica and the Office of Management and Budget’s site at www.whitehouse.gov/omb/management/made-in-america/.

Waivers
There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the Recipient does not need to request a separate waiver for non-domestic materials.

When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements, subject to review by the Made in America Office. The DOI may waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies:

Non-availability Waiver: the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality,

1. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent, or

2. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest.

3. If a general applicability waiver does not already apply, and the Recipient believes that one of the above circumstances applies to an award, the Recipient may submit a request to waive the application of the domestic content procurement preference.

Waiver Submission Instructions
Recipients must submit all waiver requests to the Service in writing. Email all waiver requests to [email protected]. Please use the subject line: “Buy America Waiver Request”. Include the following information with each waiver request:

1. Type of waiver requested (non-availability, unreasonable cost, or public interest)

2. Requesting entity name and Unique Entity Identifier (UEI)

3. Awarding bureau: U.S. Fish and Wildlife Service

4. Awarding program Assistance Listing number and title (Notice of Award, Block 2)

5. Project title (Notice of Award, Block 8)

6. Federal Award Identification Number (Notice of Award, Block 4)

7. Federal award amount (Notice of Award, Block 11)

8. Total infrastructure costs, to the extent know (federal and non-federal funds)

9. Infrastructure project description and location, to the extent known List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin, if known, and relevant PSC or NAICS code for each (see https://psctool.us/ and https://www.census.gov/naics/).

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NOTICE OF AWARD (Continuation Sheet)
11 Packet Pg. 817 Attachment: Notice of Award - Grant No. 423AF01256-00 (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Positions) A certification that the Recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor.

11. A statement of waiver justification, including a description of the Recipient’s efforts (e.g., market research, industry outreach) to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy Americacompliant bids received in response to a solicitation.

12. 13. Anticipated impact if no waiver is issued.

Do not include any Privacy Act information, sensitive data, or proprietary information with the waiver request.

Waiver Review Process
The Department will post waiver requests to www.doi.gov/grants/buyamerica for the required 15-day public comment period. The Made in America Office will also review all waiver requests. The Department will post approved waivers at www.doi.gov/grants/BuyAmerica/ApprovedWaivers. The Service will notify Recipients of their waiver request determination by email.

Definitions
Construction materials includes an article, material, or supply that is or consists primarily of:
• non-ferrous metals,
plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables),
•
• glass (including optic glass),
• lumber, or
• drywall.

Construction materials does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives.

Domestic content procurement preference means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States.

Infrastructure includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy.

Project means the construction, alteration, maintenance, or repair of infrastructure in the United States.

U.S. Fish and Wildlife Service
General Award Terms and Conditions
Recipients of U.S. Fish and Wildlife Service (Service) grant and cooperative agreement awards (hereafter referred to as ‘awards’)

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NOTICE OF AWARD (Continuation Sheet)
11 Packet Pg. 818 Attachment: Notice of Award - Grant No. 423AF01256-00 (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Positions) are subject to the terms and conditions incorporated into their Notice of Award either by direct citation or by reference to Federal regulations; program legislation or regulation; and special award terms and conditions. Award terms and conditions are applicable unless and until the USFWS removes or revises them in written notice to the recipient. The Service will make such changes by issuing a written notice that describes the change and provides the effective date.

Recipients indicate their acceptance of an award by starting work, drawing down funds, or accepting the award via electronic means. Recipient acceptance of an award carries with it the responsibility to be aware of and comply with all terms and conditions applicable to the award. Recipients are responsible for ensuring that their subrecipients and contractors are aware of and comply with applicable award statutes, regulations, and terms and conditions. Recipient failure to comply with award terms and conditions can result in the Service taking one or more of the remedies and actions described in Title 2 of the Code of Federal Regulations (CFR) §§200.339—343.

A PDF of these terms and conditions with embedded links to all regulations is available on the Service’s website at: https://www.fws.gov/media/fws-financial-assistance-award-terms-and-conditions-2020-12-31. See also the Department of the Interior’s General Award Terms and Conditions on their website at: https://www.doi.gov/grants/doi-standard-terms-andconditions.

Administrative Requirements, Cost Principles, and Audit Requirements These requirements and cost principles are applicable to all awards except those to individuals receiving the award separate from any business or organization they may own or operate. Foreign public entities and foreign organizations must comply with special considerations and requirements specific to their entity type, unless otherwise stated in this section. Foreign public entities must comply with those for states.
2 CFR Part 200, Subparts A—D, as supplemented by 2 CFR Part 1402 Foreign public entities must follow payment procedures in 2 CFR §200.305(b). For foreign public entities and foreign organizations, the requirements in 2 CFR §§200.321—323 do not apply.

Appendix XII to 2 CFR Part 200—Recipient Integrity and Performance Matters Applicable to awards with a total Federal share of more than $500,000 except for awards of any amount to foreign public entities. 2 CFR Part 200, Subpart E—Cost Principles
Applicable to all domestic and foreign non-Federal entities except non-profit organizations identified in Appendix VIII to 2 CFR Part 200.
48 CFR Subpart 31.2—Contracts with Commercial Organizations Applicable to non-profit organizations identified in Appendix VIII to 2 CFR Part 200 and for-profit organizations.

Indirect Cost Proposals
Requirements for development and submission of indirect cost rate proposals are contained in Appendix III (Institutions of Higher Education), Appendix IV (Nonprofit organizations), and Appendix VII (States, local government agencies, and Indian tribes) to 2 CFR Part 200. See also the DOI negotiated indirect cost rate deviation policies at 2 CFR §1402.414. For-profit entities should contact the DOI National Business Center, Office of Indirect Cost Rate Services at: https://ibc.doi.gov/ICS/icrna. 2 CFR Part 200, Subpart F—Audit Requirements
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GRANT NO.

NOTICE OF AWARD (Continuation Sheet)
11 Packet Pg. 819 Attachment: Notice of Award - Grant No. 423AF01256-00 (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Positions) Applicable to U.S. states, local governments, Indian tribes, institutions of higher education, and nonprofit organizations. Not applicable to foreign public entities, foreign organizations, or for-profit entities.

Statutory and National Policy Requirements
These requirements are applicable to all awards, including those to individuals, for-profits, foreign public entities, and foreign organizations, unless otherwise stated in this section.

Appendix A to 2 CFR Part 25—Universal Identifier and System for Award Management Not applicable to individuals or any entity exempted by the awarding bureau or office prior to award per 2 CFR §25.110(c)(2) and bureau or office policy.

Appendix A to 2 CFR Part 170—Award term for reporting subaward and executive compensation Not applicable to individuals. See 2 CFR 170 for other exceptions. 2 CFR §175.15—Award Term for Trafficking in Persons
Applicable to private entities as defined in 2 CFR §175.25(d), states, local governments, and Indian tribes. Applicable to foreign public entities if funding could be provided to a private entity as a subrecipient under the award. 2 CFR Part 1400—Nonprocurement Debarment and Suspension All recipients must ensure they do not enter into any covered transaction with an excluded or disqualified participant or principal.

See also 2 CFR Part 180—OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). 2 CFR §180.215 defines nonprocurement transactions that are not covered transactions. 2 CFR Part 1401—Requirements for Drug-Free Workplace (Financial Assistance) Not applicable to foreign public entities or foreign organizations. 43 CFR Part 18—New Restrictions on Lobbying
Recipients are prohibited from using any federally appropriated funds (annually appropriated or continuing appropriations) or matching funds under a Federal award to pay any person for lobbying in connection with the award. Lobbying is influencing or attempting to influence an officer or employee of any U.S. agency, a Member of the U.S. Congress, or an officer or employee of a Member of the U.S. Congress in connection with the award. 41 U.S.C. §4712—Whistleblower Protection for Contractor and Grantee Employees 41 U.S.C. §6306—Prohibition on Members of Congress Making contracts with Federal Government Mandatory Disclosures
Failure to make required disclosures may result in any of the remedies for noncompliance described in 2 CFR §200.339, including suspension or debarment (see also 2 CFR Part 180).

Conflicts of interest: Per 2 CFR §1402.112, non-Federal entities and their employees must take appropriate steps to avoid 6 of
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11 Packet Pg. 820 Attachment: Notice of Award - Grant No. 423AF01256-00 (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Positions) conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements. In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the provisions in 2 CFR §200.318 apply. NonFederal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass-through entity in accordance with 2 CFR §200.112. Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Service Project Officer identified in their notice of award in writing of any conflicts of interest that may arise during the life of the award, including those that reported by subrecipients. The Service will examine each disclosure to determine whether a significant potential conflict exists and, if it does, work with the applicant or recipient to develop an appropriate resolution. Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award.

Lobbying: If the Federal share of the award is more than $100,000, recipients must disclose making or agreeing to make any payment using non-appropriated funds for lobbying in connection with the award. To make such disclosures, recipients must complete and submit the SF-LLL, “Disclosure of Lobbying Activities” form to the USFWS. This form is available at:
https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html. For more information on when additional submission of this form is required, see 43 CFR, Subpart 18.100. These restrictions are not applicable to such expenditures by Indian tribe, tribal organization, or any other Indian organization that is specifically permitted by other Federal law.

Other Mandatory Disclosures: Recipients and subrecipients must disclose, in a timely manner, in writing to the Service Project Officer identified in their notice of award or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Non-Federal entities subject to the 2 CFR 200, Appendix XII—Award Term and Condition for Recipient Integrity and Performance Matters are required to report certain civil, criminal, or administrative proceedings to SAM.

National Policy Encouragements
Executive Order 13043—Increasing Seat Belt Use in the United States Non-Federal entities are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. Individuals are encouraged to use seat belts while driving in connection with award activities.

E. O. 13513—Federal Leadership on Reducing Text Messaging While Driving Non-Federal entities are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order. Individuals are encouraged to not text message while driving in connection with award activities.

AWARD CONDITIONS
WSFR Wildlife Restoration / Sport Fish Restoration Match The federal share of the total project costs cannot exceed 75%. The Grant Recipient is eligible to request Federal obligated funds up to but not in excess of an amount equal to 75% of the total project expenditures. See also 2 CFR §200.306.

1. WSFR Freshwater/Marine Split
This grant is funded with 100% Freshwater Boating Access funds and 0% Marine Boating Access funds.

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11 Packet Pg. 821 Attachment: Notice of Award - Grant No. 423AF01256-00 (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Positions) WSFR Cost Accounting
Cost accounting is at the Grant/project/subaccount level.

3. Indirect Cost Restrictions
The Service conditionally approves the proposed indirect costs on the final approved budget incorporated into this award. The Recipient is prohibited from charging indirect costs to this award until the Recipient provides a copy of their approved negotiated indirect cost rate agreement to the Service Project Officer identified on this notice of award. The Recipient must submit their indirect cost rate proposal to their cognizant agency for indirect costs within 90 calendar days past the award period of performance start date. In the event the recipient does not establish an approved rate by the award period of performance end date, the recipient must contact the Service Project Officer identified on this notice of award to discuss the situation and determine what budget revisions may be required. If the recipient submitted their rate agreement in a timely manner but the cognizant agency delayed processing it, the recipient should provide relevant details to the Service Project Officer.

4. WSFR TRACS Grant Entry
The recipient is responsible for entering grant and project statement information for this award into the Service’s electronic performance reporting system – TRACS (https://tracs.fws.gov). This information must be entered in TRACS within 60 calendar days of the latter: (a) period of performance start date; or (b) the date the award was approved. The grant and project statement information entered in TRACS must be consistent with the approved Project Statement (narrative) in GrantSolutions. If you need assistance, please contact the WSFR Federal Project Officer identified in this Notice of Award.

5. Other Program- or Project-Specific Terms and Conditions 2 CFR 200.407 Prior written approval (prior approval).

Under any given Federal award, the reasonableness and allocability of certain items of costs may be difficult to determine. In order to avoid subsequent disallowance or dispute based on unreasonableness or nonallocability, the non-Federal entity may seek the prior written approval of the cognizant agency for indirect costs or the Federal awarding agency in advance of the incurrence of special or unusual costs.

Prior written approval should include the timeframe or scope of the agreement. The absence of prior written approval on any element of cost will not, in itself, affect the reasonableness or allocability of that element, unless prior approval is specifically required for allowability as described under certain circumstances in the following sections of this part:
(a) §200.201 Use of grant agreements (including fixed amount awards), cooperative agreements, and contracts, paragraph (b)(5); Changes to principle investigator, project leader, project partner, or scope of efforts.

6. SPECIAL TERMS AND REQUIREMENTS
Individuals Hiring Contractors
The Recipient has an obligation to protect themselves from potential liability when hiring any contractor to perform work activities approved under this award on property owned by the Recipient by checking references and ensuring that any contractor hired is licensed, bonded, and has valid employee insurance coverage for events of injury or bodily harm. In accordance with 2 CFR 180, for any contract expected to total $25,000 or more the Recipient must confirm that the contractor is not suspended or debarred from receiving Federal funds. The Recipient does this by: 1) checking SAM Exclusions, 2) collecting a certification from the contractor; or 3) adding a clause or condition to the contract. To check SAM Exclusions, go to www.SAM.gov. Search for entities by their UEI number. Search for principal participants by their names. Search for contractors by their business

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NOTICE OF AWARD (Continuation Sheet)
11 Packet Pg. 822 Attachment: Notice of Award - Grant No. 423AF01256-00 (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Positions) names. If an exclusion is found that prohibits the entity from receiving Federal award funds, the Recipient is prohibited from entering into a subaward with that entity.

Individuals Issuing Subawards
In accordance with 2 CFR 180, before issuing any subaward of any amount the Recipient must confirm that the subrecipient and principals or the contractor are/is not suspended or debarred from receiving Federal funds. The Recipient does this by: 1) checking SAM Exclusions, 2) collecting a certification from the subrecipient; or 3) adding a clause or condition to the subaward.

To check SAM Exclusions, go to www.SAM.gov. Search for entities by their UEI number. Search for principal participants by their names. Search for contractors by their business names. If an exclusion is found that prohibits the entity from receiving Federal award funds, the Recipient is prohibited from entering into a subaward with that entity. 2 CFR § 200.331 Subrecipient and contractor determinations. 2 CFR § 200.332 - Requirements for pass-through entities.

2. PAYMENTS
Domestic Recipients Enrolled in Treasury’s ASAP System
The recipient will request payments under this award in the U.S. Treasury’s Automated Standard Application for Payment (ASAP) system. When requesting payment in ASAP, your Payment Requestor will be required to enter an Account ID. The number assigned to this award is the partial Account ID in ASAP. When entering the Account ID in ASAP, the Payment Requestor should enter the award number identified in the notice of award, followed by a percent sign (%). Refer to the ASAP.gov Help menu for detailed instructions on requesting payments in ASAP.

1. BUDGET AND PROGRAM REVISIONS
WSFR Budget and Program Revisions
The recipient is permitted to re-budget within the approved direct cost budget to meet unanticipated requirements and may make limited program changes to the approved project. However, certain types of post-award changes in budgets and projects shall require the prior written approval of the Service. Refer to 2 CFR 200.308 for additional information on the types of changes that require prior written approval.

1. REPORT
Final Reports
The recipient must liquidate all obligations incurred under the award and submit a final financial report in GrantSolutions no later than 120 calendar days after the award period of performance end date. The GrantSolutions financial report data entry fields are the same as those on the SF-425, Federal Financial Report form, https://www.grants.gov/web/grants/forms/post-award-reportingforms.html . See also our instructional video on “Completing the Federal Financial Report (SF425) https://fawiki.fws.gov/display/VLSV#VirtualLearningSeriesVideosHome-CompletingtheFederalFinancialReport(SF425)

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NOTICE OF AWARD (Continuation Sheet)
11 Packet Pg. 823 Attachment: Notice of Award - Grant No. 423AF01256-00 (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Positions) The recipient must submit a final performance report no later than 120 calendar days after the award period of performance end date. Performance reports must contain: 1) a comparison of actual accomplishments with the goals and objectives of the award as detailed in the approved scope of work; 2) a description of reasons why established goals were not met, if appropriate; and 3) any other pertinent information relevant to the project results. Please include the Service award number on all reports.

The recipient must follow the final Federal Financial Report and the final Performance Report reporting period end dates and due dates provided in GrantSolutions. The final reporting due dates are available by signing in to GrantSolutions and selecting the menu for Reports>Federal Financial Report or Reports>FPR.

Reporting Due Date Extensions
Reporting due dates may be extended for an award upon request to the Service Project Officer identified in the notice of award.

The request should be sent by selecting the award in GrantSolutions and selecting send message. The message must include the type of report to be extended, the requested revised due date, and a justification for the extension. The Service may approve an additional extension if justified by a catastrophe that significantly impairs the award Recipient’s operations. The recipient must submit reporting due date extension requests through GrantSolutions to the Service Project Officer identified in their notice of award before the original due date. The Service Project Officer will respond to the recipient after approval or denial of the extension request.

2. Significant Developments Reports
See 2 CFR §200.329(e). Events may occur between the scheduled performance reporting dates that have significant impact upon the supported activity. In such cases, recipients are required to notify the Service in writing as soon as the recipient becomes aware of any problems, delays, or adverse conditions that will materially impair the ability to meet the objective of the Federal award. This disclosure must include a statement of any corrective action(s) taken or contemplated, and any assistance needed to resolve the situation. The recipient should also notify the Service in writing of any favorable developments that enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results than originally planned.

3. WSFR TRACS Reporting
The recipient is responsible for entering interim (if required) and final performance report information for this award into the Service’s electronic performance reporting system – TRACS (https://tracs.fws.gov) and attaching those reports from TRACS into GrantSolutions by the report due date(s) as specified in GrantSolutions. Performance information entered in TRACS must provide quantitative outputs to the approved Standard Objectives and narrative responses to the following questions. If the award includes multiple project statements, the recipient must answer these questions for each project statement. If you need assistance, please contact the WSFR Federal Project Officer identified in this Notice of Award.

1. What progress has been made towards completing the objective(s) of the project?

2. Please describe and justify any changes in the implementation of your objective(s) or approach(es).

3. If applicable, please share if the project resulted in any unexpected benefits, promising practices, new understandings, cost efficiencies, management recommendations, or lessons learned.

4. For survey projects only: If applicable, does this project continue work from a previous award? If so, how do the current results compare to prior results? (Recipients may elect to add attachments such as tables, figures, or graphs to provide further detail when answering this question).

5. If applicable, identify and attach selected publications, photographs, screenshots of websites, or other documentation (including articles in popular literature, scientific literature, or other public information products) that have resulted from this project that highlight the accomplishments of the project.

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11 Packet Pg. 824 Attachment: Notice of Award - Grant No. 423AF01256-00 (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Positions)

6. Is this a project that you wish to highlight for communication purposes?

7. For CMS State fish and wildlife agencies only: If the grant is a CMS, has the agency submitted an update report every 3 years detailing the CMS components: (a) inventory and scanning; (b) strategic plan; (c) operational plan; and (d) evaluation and control have been reviewed and summaries included which provide detailed review results and recommendations? 11 of
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11 Packet Pg. 825 Attachment: Notice of Award - Grant No. 423AF01256-00 (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Positions)

AWARD ATTACHMENTS
CALIFORNIA DEPARTMENT OF FISH & WILDLIFE F23AF01256-00

1. SF 424 - AFA

2. Budget

3. Project Narr

4. Attachments
Packet Pg. 826 Attachment: Notice of Award - Grant No. 423AF01256-00 (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Positions) BA CA Boating Access-Redding
xxxxx 03/30/2023 msp
Packet Pg. 827 Attachment: Notice of Award - Grant No. 423AF01256-00 (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Positions) Packet Pg. 828 Attachment: Notice of Award - Grant No. 423AF01256-00 (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Positions) Packet Pg. 829 Attachment: Notice of Award - Grant No. 423AF01256-00 (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Positions) G2398053
2023-24

PERSONAL SERVICES POSITION

NUMBER CNO PY INCUMBENT ANNUAL
SALARY
GRANT

SALARY BENEFITS MSA
Increase % AMOUNT
Permanent Staff
Gardener 1.0 TBD $64,173 $0 82.55% 0.00% $0
PWMW Full Time 1.0 TBD $57,244 $0 85.25% 0.00% $0
PWMW Full Time 1.0 TBD $57,244 $0 85.25% 0.00% $0
PWMW Full Time 1.0 TBD $57,244 $0 85.25% 0.00% $0

0.0 $0 $0 0.00% 0.00% $0

0.0 $0 $0 0.00% 0.00% $0

0.0 $0 $0 0.00% 0.00% $0

4.0 Total Permanent Staff Salaries $0
Permanent Intermittent Staff Hours $/Hr.

Position Title N/A N/A 0 Name $0 $0 0.00% 0.00% $0
Position Title N/A N/A 0 Name $0 $0 0.00% 0.00% $0
Total Permanent Intermittent Salaries $0
Temporary Help (Sci Aide N/A N/A 0 $0 $0 61.081% 0.00% $0 #REF!
TOTAL PERSONAL SERVICES $235,905 $0 $0 $0 $0

OPERATING EXPENSES
General Expenses $0
Facilities $0
Minor Equipment (Equipment under $5K per item) $0
Travel/Training $0
C&PS - Interdepartmental $0
C&PS - External $451,281
Waste Removal $0
Electricity $0
Water $0
Utilities $0
Fish Food $0
Major Equipment (Equipment over $5K per item) $0
Capital Expenditures $0
Gas/Diesel Fuel $0
Vehicle/Equipment Maintenance & Repair $0
Vehicle/Equipment Parts & Supplies $0
TOTAL OPERATING EXPENSES $451,281
TOTAL OE&E/PERSONAL SERVICES $451,281
*INDIRECT COST RATE (less overhead for Major Equipment, Contracts and PI) 0.00% $0 *Approved FY22/23 ICRP. The FY23/24 proposed ICRP will be submitted to the U.S. Department of the Interior and is subject to change.

TOTAL FEDERAL SHARE $451,281
Federal Share (100%) $451,281
State Share (MATCH SOURCE) $150,427
TOTAL PROJECT COST $601,708
Boating and Fishing Access Maintenance and Operations - Redding, CA Boating Acess
100% Freshwater 20220504 msp
Packet Pg. 830 Attachment: Notice of Award - Grant No. 423AF01256-00 (4.6(c)--Accept Facility Maintenance and Operations Grant and Authorize Positions) G2398053
07/01/2023 - 06/30/2024
Boating and Fishing Access Maintenance and Operations - Redding, CA INTRODUCTION: The City of Redding (City) operates three motorized boat ramp facilities and three non-motorized facilities along the Sacramento River. The Sacramento River through the City is a designated by the California Fish and Game Commission as a Wild Trout water and offers some of the most pristine fisheries in the State of California and the United States of America. Many residents use these access points regularly as do our many professional fishing guides and their customers, as well as a large number of recreational anglers both on foot and via watercraft.

NEED: Proper maintenance of these river access facilities is necessary to ensure that waste does not flow into the river and the facilities remain usable and inviting. When visitors have easy access to trash receptacles, restrooms, and clean facilities they will use them. This requires regular maintenance service to ensure that trash receptacles are emptied, restrooms are cleaned, and the overall cleanliness of the facility is attended to.

When facilities are poorly maintained, visitors lack access to proper disposal, some find other places to visit, and sometimes illegal activity occurs. Additionally, a rise in vandalism contributes to these issues, placing additional strain on staff and resources to keep facilities up to a high standard. The City also regularly focuses on fuel reduction and invasive species removal activities around its facilities.

Fishing and enjoying the outdoors brings many physical and mental health benefits as well.

Fishing requires focus and awareness, taking your mind off internal conflict and stress, similar to meditation. As a result, fishing and outdoor activity helps to reduce anxiety, fight off depression, and promote relaxation. Studies have shown that fishing lowers your cortisol levels (stress hormone). Fishing has even been used to help people who have experienced trauma or suffer from Post-traumatic stress disorder.

Fishing is a good exercise. By the time you cast your line, wade through water, walk to a new fishing spot, and reel in your fish, you've thoroughly excised your cardiovascular system. This low-impact exercise engages your shoulders, back, core, arms, and legs, improving your balance and working your muscles. While fishing you'll have the chance to soak up the sun. Vitamin D from the sun improves your immune system and promotes cell growth, helping to fight off illness and disease. All of these factors contribute to the overall health of the community and emphasize the role and importance of maintaining these public access facilities.

PURPOSE and OBJECTIVE($):

The purpose of this project is to improve and maintain fishing and river access opportunities and facilities for the public in Redding, CA. This project's main objective is to operate and maintain six facilities operated and/or owned by the City along the Sacramento River.