Redding City Council
March 17, 2026

16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 178 Attachment: Letter of Intent to Award (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Services) Shasta Public Libraries
English as a Second Language Services
2024-2026 ESL21-4-55

EXHIBIT C: CALIFORNIA LIBRARY LITERACY SERVICES PROGRAM

GUIDELINES

1. California Library Literacy Services programs shall comply with the requirements in Sections 18880-18883 of the California Education Code.

2. California Library Literacy Services programs shall train and recruit volunteers to serve as tutors. Volunteer tutors are the primary instructors for the program.

3. California Library Literacy Services programs shall seek local government and community resources and develop cooperative relations with other local literacy services providers.

4. California Library Literacy Services programs will provide a base level of local and private fiscal support to be established by the California State Library.

5. In response to an expressed and recognized need from the field for specific program requirements, the California State Library and related stakeholders created a framework and program essentials. The framework and essentials describe what constitutes an effective program:
a. California Library Literacy Services programs must use the Roles and Goals framework to implement and evaluate their literacy services. b. California Library Literacy Services programs’ staff must attend their regional Library Literacy Network Meetings.
c. Tutor training for volunteers should include, at a minimum, a program orientation, tutoring basics, and instruction on learner-driven services. d. California Library Literacy Services programs must align with the following program essentials:
i. California Library Literacy Services are library based; ii. California Library Literacy Services are a core library service; iii. California Library Literacy Services are learner-driven; iv. California Library Literacy Services are community-focused; v. California Library Literacy Services are volunteer-supported; vi. California Library Literacy Services staff are professionally engaged; and
vii. California Library Literacy Services support families.

6. California Library Literacy Services Family Literacy programs (if applicable) shall provide services to prevent illiteracy through coordinated literacy and preliteracy services to families. Recruitment of parents not previously included in DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 179 Attachment: Letter of Intent to Award (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Services) Shasta Public Libraries
English as a Second Language Services
2024-2026 ESL21-4-55

public library literacy programs is a high priority. Family Literacy Programs are implemented and evaluated using the Family Literacy Evaluation Framework.

Certification

ORGANIZATION
Name: Address (official and complete):

PROJECT COORDINATOR
Name:

Email: Phone:

GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 1100 Parkview Ave Redding, CA 96001
[email protected]
Library Director
Shae Darling
530 245 7237
Shasta Libraries
2/2/2024
530 245 7255
Jared Tolman
[email protected]
Packet Pg. 180 Attachment: Letter of Intent to Award (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Services) Shasta Public Libraries
English as a Second Language Services
2024-2026 ESL21-4-55

Authorized Representative Signature

ORGANIZATION
Name: Address (official and complete):

AUTHORIZED REPRESENTATIVE
Signature: Date:

Printed Name of Person Signing: Title:

STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date:

Printed Name of Person Signing: Title: California State Librarian DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 2/2/2024
Greg Lucas
2/2/2024
1100 Parkview Ave Redding, Ca 96001
Jared Tolman
Shasta Libraries
Library Director
Packet Pg. 181 Attachment: Letter of Intent to Award (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Services) Shasta Public Libraries
English as a Second Language Services
2024-2026 ESL21-4-55

EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx Mileage:

Rate subject to change
$0.585 per mile – approved business/travel expense
Meals:

Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.

Hotel:

Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes.

Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.

AIRLINE TICKETS:

Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense.

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 182 Attachment: Letter of Intent to Award (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Services) 26 January 2024
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California State Library.

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-UkraineExecutive-Order.pdf.

The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policyissues/financial-sanctions/sanctions-programs-and-country-information/ukrainerussia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.

Annly Roman
California State Library
900 N Street
Sacramento, CA 95814
DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 183 Attachment: Letter of Intent to Award (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Services) California Library Literacy and English Acquisition Services

FINANCIAL CLAIM
1st PAYMENT

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

By
(Signature of the Authorized Representative)
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].

State of California, State Library Fiscal Office
ENY: 2021 ITEM NO: 6120-2131-0001, Chapter 240, Statutes of 2021 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: LS or N/A
By Date
(State Library Representative)
Grant Award #: ESL21-4-55 Date:

Invoice #: ESL21-4-55-01 PO #: 7115
Payee Name: City of Redding
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:

Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $60,188 Type of Payment:
(Payable Upon Execution of Agreement) ☒ PROGRESS
Grantee Name: Shasta Public Libraries ☐ FINAL
(Name on Award Letter and Agreement) ☐ IN FULL
Project Title: English as a Second Language ☐ AUGMENT
For Period From: upon execution to end of grant period
DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 2/2/2024
777 Cypress Ave Redding, Ca 96001
Jared Tolman Library Director
2/5/2024
Packet Pg. 184 Attachment: Letter of Intent to Award (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Services) STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)

CITY, STATE, ZIP CODE E-MAIL ADDRESS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) ☐ SOLE PROPRIETOR / INDIVIDUAL CORPORATION (see instructions on page 2) ☐ ☐ MEDICAL (e.g., dentistry, chiropractic, etc.) SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.

The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. •
•
•
•
•
•
For Individuals, enter SSN.

If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.

Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.

For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).

For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.

For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.

Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ ___ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ ___ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)

☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No services performed in California
☐Copy of Franchise Tax Board waiver of state withholding is attached.

Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the state agency below.

NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:

STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)

CITY STATE ZIP CODE E-MAIL ADDRESS
Print Form Reset Form
DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 95814
Ca. State Library
Sacramento CA [email protected]
916-603-7157
Admin/Accounting
900 N Street
Packet Pg. 185 Attachment: Letter of Intent to Award (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Services)

STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)

GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.

Prompt return of this fully completed form will prevent delays when processing payments.

Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).

NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.

A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).

Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.

Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.

Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.

Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. • An estate is a resident if the decedent was a California resident at time of death. • A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.

For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:

Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can provide a power of attorney documented for the individual.

Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.

Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.

All questions should be referred to the requesting state agency listed on the bottom front of this form.

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 186 Attachment: Letter of Intent to Award (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Services) Resolution No. 2024 - ____________

A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 60TH AMENDMENT TO CITY BUDGET RESOLUTION NO. 2023-060
APPROPRIATING $60,190 FOR THE CALIFORNIA STATE LIBRARY AWARD

FUNDS FOR ENGLISH AS A SECOND LANGUAGE SERVICES FOR FISCAL YEAR 2024-2025.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2023-060 be and is hereby amended as follows:

FUND DIVISION DESCRIPTION INCREASE DECREASE
181 5301 Library $60,190
THAT account titles and numbers requiring adjustments by this Resolution are as follows:

USE SOURCE

OF FUNDS OF FUNDS
Increase (Decrease) Revenue
181-5301-3622603-00000 State Library Grant - Main $ 60,190 Increase Expenditures
181-5301-6500136-00000 CA Library ESL Grant $ 60,190
Total $ 60,190 60,190 $
THAT the purpose is to appropriate $60,190 for the California State Library award funds for English as a Second Language services for fiscal year 2024-25.

I HEREBY CERTIFY that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Redding on the 19th day of November, 2024 and was duly adopted at said meeting by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

TENESSA AUDETTE, Mayor
ATTEST: FORM APPROVAL:

SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney Packet Pg. 187 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following:
(1) Approve and ratify submission of a grant application to the California State Library through the California Library Literacy Services for $120,380; (2) Approve and ratify acceptance of grant funds awarded from the California State Library through the California Library Literacy Services Program to fund the Shasta Public Libraries’ English as a Second Language Services;
(3) Authorize the City Manager, or designee, to execute the Award Agreement and all subsequent documentation relative to the grant; and
(4) Adopt Resolution approving and adopting the 60th Amendment to City Budget Resolution No. 2023-060 appropriating $60,190 for the California State Library award funds for English as a Second Language Services for fiscal year 2024-2025.

Fiscal Impact
There is no match required for this program and staff will submit frequent reimbursement requests. There is no impact to the General Fund.

Alternative Action
The City Council could choose not to accept the $120,376 grant from the California State Library. This action would severely limit literacy services and language support available to English learners in the Redding area.

Background/Analysis
The California Library Literacy Services (CLLS) is a program of the California State Library.

CLLS grant monies provide needed funding for the California Library Literacy and English MEETING DATE: November 19, 2024
ITEM NO. 4.6(a)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 4.6(a)--Ratification of Grant Agreement and Resolution to Accept Library Literacy Services Grant for English as a Second Language Services and Adopt Budget Resolution Appropriating Funds
Travis Menne, Director of
Community Services
Packet Pg. 188 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Report to Redding City Council November 8, 2024
Re: 4.6(a)--Ratify and Adopt Reso to Accept Library Literacy Services Grant for ESL ServicesPage 2

Acquisition Service Program. Staff applied for and received a grant through CLLS that will add capacity to the Library’s existing program to increase the number of students receiving English as a Second Language (ESL) literacy support. ESL tutoring is time and resource intensive, as it is based on each student’s pace and goals. Expected outcomes include new fluency in reading, writing, spelling, and conversation, thus enhancing their work opportunities, lifelong learning, family roles, and community participation.

The award is a combined award for a total of $120,376. The award for the 2024-2025 fiscal year beginning July 1, 2024 is $60,188 and 2025-2026 fiscal year beginning July 1, 2025 is $60,188.

Should the City Council accept these grant funds, literacy services will continue to be offered at the Redding Library with additional hours and learning resources.

The City Attorney’s office has reviewed and approved the proposed language of the agreement.

Environmental Review
This is not a project defined under the California Environmental Quality Act, and 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.”
 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
^Resolution
Letter of Intent to Award
Packet Pg. 189 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
26 January 2024
Jared Tolman
Shasta Public Libraries
1100 Parkview Ave.

Redding, CA 96001-3239
Dear Mr. Tolman,
We’re pleased to provide funds to support your English as a Second Language program and the important work you, your staff, and your volunteers do for your community through the California Library Literacy Services program.

In 2021-2022, the state budget included $15 million in one-time California Library Literacy Services funding for English as Second Language Services. These funds were to be allocated over a five-year period. This award letter provides a combined award covering Year Four and Year Five. Your total award is $120,376.

Your award for the 2024-2025 fiscal year beginning July 1, 2024, is: $60,188.

Your award for the 2025-2026 fiscal year beginning July 1, 2025, is: $60,188.

Year Four award funds must be spent between July 1, 2024, and June 30, 2025, and must be fully expended by June 30, 2025.

Year Five award funds must be spent between July 1, 2025, and June 30, 2026, and must be fully expended by June 30, 2026.

All funds must be spent in accordance with your approved budgets included in this award packet. Additionally, all California Library Literacy Services English as a Second Language funds must be fully expended by June 30, 2026, in accordance with the timeframe dictated by the California State Legislature.

Please review the California Library Literacy Services Allowable and Unallowable Expenses guidelines to ensure that program expenditures are consistent with the California Library Literacy Services allowable expenses. If you have any questions about expenses or expending your award funds, please contact Allyson Jeffredo at 916-603- 6709 or [email protected].

To strengthen your program, we strongly encourage your program staff to develop and maintain community partners, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium, and participate in library literacy DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 190 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
training opportunities offered by the regional networks and the State Library to meet the CLLS Mission, Values, and Program Essentials. Additional California Library Literacy Services resources can also be found on the California Library Literacy Services webpage.

Year Four and Year Five funding will be distributed in separate claim processes:
• The payment process for your Year Four funding begins when we receive your completed and signed budget modification form (if needed), claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance (attached). All forms should be completed and signed through DocuSign to be processed for payment.
• The claim process for Year Five funding will begin after the successful completion of the 2024-2025 CLLS Mid-Year Report. Once the report is complete, the payment process for your Year Five funding will begin when we receive your completed and signed budget modification form (if needed), claim form, and certification form. All forms should be completed and signed through DocuSign to be processed for payment.

Our library literacy staff is available to assist you throughout the year. Please contact your Advisor Beverly Schwartzberg, [email protected], and your Grant Monitor Allyson Jeffredo, [email protected], with any questions.

Thank you for your willingness to do so much for those in your community. Best wishes for a successful year.

Respectfully yours,
Greg Lucas
California State Librarian
Cc: Beverly Schwartzberg, [email protected] Allyson Jeffredo, [email protected]
State Fiscal Office, [email protected]
Shae Darling, [email protected]
Jared Tolman, [email protected]
Enc: Re: ESL21-4-55: Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance
DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 191 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
THE BASICS – YOUR GRANT AWARD
The following provides basic information about your grant and managing your grant.

Award #: ESL21-4-55
Library: Shasta Public Libraries
Total Award Amount: $120,376
APPROVED 2024-2025 ESL BUDGET
Salary and Benefits $53,399
Consultant Fees $ 0
Travel $ 1,289
Supplies & Materials $ 4,950
Equipment $ 0
Services $ 550
Subtotal $60,188
Indirect $ 0
Grant Total $60,188
APPROVED 2025-2026 ESL BUDGET
Salary and Benefits $53,399
Consultant Fees $ 0
Travel $ 1,289
Supplies & Materials $ 5,000
Equipment $ 0
Services $ 500
Subtotal $60,188
Indirect $ 0
Grant Total $60,188
Start Date: Upon execution
End Date: June 30, 2026
Please understand that it can take between eight to ten weeks following the receipt of an error free claim form before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.

CONTACT
We want your project to be successful. Please work with the program staff listed below to implement your project:

Literacy & Grant Analyst: Allyson Jeffredo
Phone Number: (916) 603-6709
Email Address: [email protected]
Library Programs Consultant: Beverly Schwartzberg
Phone Number: (916) 701-6880
Email Address: [email protected]
DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 192 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

The claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS application and in Sections 18880-18883 of the California Education Code.
1100 Parkview Ave., Redding, CA 96001-3239

SIGNED DATE

Signature - Authorized representative

Typed/Printed Name and Title of Authorized Representative

Email address of authorized representative
DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 2/2/2024
Jared Tolman Library Director
[email protected]
Packet Pg. 193 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
PROJECT INFORMATION:

Invoice #: ESL21-4-55
Project Title: English as a Second Language Services
Grantee: Shasta Public Libraries
Funding Start Date: July 1, 2024
Term Completion: June 30, 2026
DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 194 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
Total Award: $120,376
PAYMENT SCHEDULE:

Libraries may claim their 2024-2025 English as a Second Language Services award upon receipt of the award letter. The 2025-2026 English as a Second Language Services award will be claimed after the successful completion of the 2024-2025 CLLS Mid-Year Report.

Note: Libraries have until the submission date of the 2024-2025 CLLS Final Report to fully spend their 2024-2025 English as a Second Language Services award funds beginning July 1, 2024, in which funds are awarded.

Libraries have until June 30, 2026, to fully expend all 2025-2026 English as a Second Language Services award funds beginning July 1, 2025, in which the funds are awarded.

English as a Second Language
Services Award
Initial Payment $60,188
Final Payment $60,188
Total: $120,376
REPORTING:

Libraries will be required to submit a mid-year financial and narrative report and a final report for their 2024-2025 English as a Second Language Services award funds and 2025-2026 English as a Second Language Services award funds.

Reminder emails will be sent out beginning six weeks before the required report is due.

All required reporting materials will be located on the California State Library’s website. The reporting schedule is detailed below.

Report Due Date
2024-2025 CLLS Mid-Year Report Due January 31, 2025
2024-2025 CLLS Final Report Due September 30, 2025
2025-2026 CLLS Mid-Year Report Due January 31, 2026
2025-2026 CLLS Final Report Due September 30, 2026
Note: A budget modification form will be required for all budget changes regardless of amount. Modification forms may be submitted throughout the year but no later than May 31st.

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 195 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL

STATE FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE
DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 196 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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TABLE OF CONTENTS
PROJECT SUMMARY........................................................................................................ 2 PROCEDURES and REQUIREMENTS ................................................................................ 3 A. Term of the Agreement.......................................................................................... 3 B. Scope of Work.......................................................................................................... 3 C. Budget Detail .......................................................................................................... 3 D. Narrative and Financial Reports ........................................................................... 4 E. Claim Form and Payment ...................................................................................... 5 EXHIBIT A: TERMS and CONDITIONS............................................................................... 7 EXHIBIT B: CERTIFICATION of COMPLIANCE FORM ....................................................22 EXHIBIT C: CALIFORNIA LIBRARY LITERACY SERVICES PROGRAM GUIDELINES .......26 EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES ....................................................29 DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 197 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and Shasta Public Libraries for the English as a Second Language Services project.

AWARD AGREEMENT NUMBER ESL21-4-55
This Award Agreement (“Agreement”) is entered into on July 1, 2024, by and between the California State Library (“State Library”) and Shasta Public Libraries, (“Grantee”).

This Award Agreement pertains to Grantee’s State-funded English as a Second Language Services project.

The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.

The Grantee was selected by the State Library to receive state grant funds in the amount of $120,376 through the process adopted by the State Library in administering such grants.

The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 198 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until June 30, 2026. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on June 30, 2026, and all eligible program costs must be incurred by this date.

B. Scope of Work

1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the English as a Second Language Services project.

2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project.
• If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.

C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 199 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.

D. Narrative and Financial Reports

1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
July – December 2024 2024-2025 CLLS Mid-Year Report Due January 31, 2025 January – June 2025 2024-2025 CLLS Final Report Due September 30, 2025 July – December 2025 2025-2026 CLLS Mid-Year Report Due January 31, 2026 January – June 2026 2025-2026 CLLS Final Report Due September 30, 2026

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.

6. In addition to the foregoing, the Grantee shall submit to the State Library such periodic reports, updates, documents and any information as deem necessary by the State Library to monitor compliance and/or perform program DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 200 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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evaluation. Any requested data or information shall be submitted in electronic format on a form specified by the State Library.

E. Claim Form and Payment

1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.

2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.

3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.

4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.

5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.

6. The Final Payment of 10% (if applicable) will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.

7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.

The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 201 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 202 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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EXHIBIT A: TERMS and CONDITIONS

1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the English as a Second Language Services project.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
“Funding provided by the State of California.”
DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 203 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or contact your grant monitor for the State Library’s form.

3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified, or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.

7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 204 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.

9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:

Shasta Public Libraries
Jared Tolman
1100 Parkview Ave.

Redding, CA 96001-3239
[email protected]
(530) 245-7255
California State Library
Allyson Jeffredo
900 N Street
Sacramento, CA 95814
[email protected]
916-603-6709

1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 205 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases, or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post, or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.

6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 206 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation, and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.

7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.

10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 207 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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made in writing and received by the California State Library at least 30 days prior to the final deadline.

12. Failure to Perform: The grant being utilized by the Grantee is to benefit the English as a Second Language Services project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.

13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

14. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.

16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 208 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.

The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.

19. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.

20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.

21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement.

23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 209 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.

24. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute, or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without thirdparty rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.

25. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $120,376 and shall be expended/encumbered in the designated award period.

During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.

27. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 210 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.

Grantee shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.

28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice.

Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.

29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”).

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 211 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.

30. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information).

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 212 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.

31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.

33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.

34. Privacy Protection: Both parties agree to protect the confidentiality of any nonpublic, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.

35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.

36. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.

Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.

37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 213 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.

38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.

39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.

41. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 214 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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reimburse the Library as soon thereafter as State fiscal procedures will permit.
d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $60,188 upon execution of the agreement and submission of claim by the grantee organization.
o Second payment will be made after the submission and approval of the first reports and receipt of claim form in the amount of $60,188.

42. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’slength transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.

44. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.

45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 215 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.

47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.

Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.

48. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.

49. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 216 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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50. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.

The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 217 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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EXHIBIT B: CERTIFICATION of COMPLIANCE FORM

1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.

2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.

3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.

4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.

5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $120,376. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian.

6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).

7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drugfree workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 218 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation, and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

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

8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 219 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.

Contract Code § 10430 (e)).

9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).

10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)

11. RESOLUTION: For awards totaling $350,000 or more, a county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.

13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drugfree workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drugfree workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.

14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards.

15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws.

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 220 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 221 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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EXHIBIT C: CALIFORNIA LIBRARY LITERACY SERVICES PROGRAM

GUIDELINES

1. California Library Literacy Services programs shall comply with the requirements in Sections 18880-18883 of the California Education Code.

2. California Library Literacy Services programs shall train and recruit volunteers to serve as tutors. Volunteer tutors are the primary instructors for the program.

3. California Library Literacy Services programs shall seek local government and community resources and develop cooperative relations with other local literacy services providers.

4. California Library Literacy Services programs will provide a base level of local and private fiscal support to be established by the California State Library.

5. In response to an expressed and recognized need from the field for specific program requirements, the California State Library and related stakeholders created a framework and program essentials. The framework and essentials describe what constitutes an effective program:
a. California Library Literacy Services programs must use the Roles and Goals framework to implement and evaluate their literacy services. b. California Library Literacy Services programs’ staff must attend their regional Library Literacy Network Meetings.
c. Tutor training for volunteers should include, at a minimum, a program orientation, tutoring basics, and instruction on learner-driven services. d. California Library Literacy Services programs must align with the following program essentials:
i. California Library Literacy Services are library based; ii. California Library Literacy Services are a core library service; iii. California Library Literacy Services are learner-driven; iv. California Library Literacy Services are community-focused; v. California Library Literacy Services are volunteer-supported; vi. California Library Literacy Services staff are professionally engaged; and
vii. California Library Literacy Services support families.

6. California Library Literacy Services Family Literacy programs (if applicable) shall provide services to prevent illiteracy through coordinated literacy and preliteracy services to families. Recruitment of parents not previously included in DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 222 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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public library literacy programs is a high priority. Family Literacy Programs are implemented and evaluated using the Family Literacy Evaluation Framework.

Certification

ORGANIZATION
Name: Address (official and complete):

PROJECT COORDINATOR
Name:

Email: Phone:

GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 1100 Parkview Ave Redding, CA 96001
[email protected]
Library Director
Shae Darling
530 245 7237
Shasta Libraries
2/2/2024
530 245 7255
Jared Tolman
[email protected]
Packet Pg. 223 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
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Authorized Representative Signature

ORGANIZATION
Name: Address (official and complete):

AUTHORIZED REPRESENTATIVE
Signature: Date:

Printed Name of Person Signing: Title:

STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date:

Printed Name of Person Signing: Title: California State Librarian DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 2/2/2024
Greg Lucas
2/2/2024
1100 Parkview Ave Redding, Ca 96001
Jared Tolman
Shasta Libraries
Library Director
Packet Pg. 224 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL Shasta Public Libraries
English as a Second Language Services
2024-2026 ESL21-4-55

EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx Mileage:

Rate subject to change
$0.585 per mile – approved business/travel expense
Meals:

Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.

Hotel:

Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes.

Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.

AIRLINE TICKETS:

Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense.

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 225 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL 26 January 2024
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California State Library.

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-UkraineExecutive-Order.pdf.

The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policyissues/financial-sanctions/sanctions-programs-and-country-information/ukrainerussia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.

Annly Roman
California State Library
900 N Street
Sacramento, CA 95814
DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 226 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL California Library Literacy and English Acquisition Services

FINANCIAL CLAIM
1st PAYMENT

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

By
(Signature of the Authorized Representative)
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].

State of California, State Library Fiscal Office
ENY: 2021 ITEM NO: 6120-2131-0001, Chapter 240, Statutes of 2021 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: LS or N/A
By Date
(State Library Representative)
Grant Award #: ESL21-4-55 Date:

Invoice #: ESL21-4-55-01 PO #: 7115
Payee Name: City of Redding
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:

Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $60,188 Type of Payment:
(Payable Upon Execution of Agreement) ☒ PROGRESS
Grantee Name: Shasta Public Libraries ☐ FINAL
(Name on Award Letter and Agreement) ☐ IN FULL
Project Title: English as a Second Language ☐ AUGMENT
For Period From: upon execution to end of grant period
DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 2/2/2024
777 Cypress Ave Redding, Ca 96001
Jared Tolman Library Director
2/5/2024
Packet Pg. 227 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)

CITY, STATE, ZIP CODE E-MAIL ADDRESS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) ☐ SOLE PROPRIETOR / INDIVIDUAL CORPORATION (see instructions on page 2) ☐ ☐ MEDICAL (e.g., dentistry, chiropractic, etc.) SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.

The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. •
•
•
•
•
•
For Individuals, enter SSN.

If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.

Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.

For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).

For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.

For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.

Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ ___ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ ___ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)

☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No services performed in California
☐Copy of Franchise Tax Board waiver of state withholding is attached.

Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the state agency below.

NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:

STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)

CITY STATE ZIP CODE E-MAIL ADDRESS
Print Form Reset Form
DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 95814
Ca. State Library
Sacramento CA [email protected]
916-603-7157
Admin/Accounting
900 N Street
Packet Pg. 228 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL

STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)

GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.

Prompt return of this fully completed form will prevent delays when processing payments.

Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).

NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.

A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).

Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.

Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.

Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.

Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. • An estate is a resident if the decedent was a California resident at time of death. • A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.

For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:

Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can provide a power of attorney documented for the individual.

Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.

Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.

All questions should be referred to the requesting state agency listed on the bottom front of this form.

DocuSign Envelope ID: 6EED4AEF-DCA6-4398-85BD-BB57A34E66E0 Packet Pg. 229 Attachment: Previous Staff Report from November 19, 2024 - Item 4.6(a) (4.6(a)--Adopt Budget Reso for Library Literacy Services Grant for ESL c L Ti+o No a- ag3
saLUT c r oF TxE czT oF n n c Pr ov NG A D opT r+ Tx
o a vD rm Ta czT Bur ET soL rTla v rro. o- oco
APPRt7PRIATING $ 6(},1 0 FCIR THE tCALIFO IA STATE LIB Y AWARD FiTNT S FtJR E1YGLrSH AS A SECOI TD LAIYGtTAGE SERVICES FCIR +' IS AL YEAR 2024- 2025
Tx sa; r v Y rx c T c rNer c rH crT r tEn
THAT 3udget Resc lution No. 2023- Ob0 be and is hereby amended a follows:

FL1ND IVISION DESCRII' TIC>N INCREASE DECR. EASE
I 81 5301 Library' 60, 194
THAT acca nt atles anc numbers requiring adjustments by this ResQlution are as follaws:

USE S(JURCE
QF'FtJNDS 4F FUNDS
Increase( Deczease) Revenue
181- 5301- 3622b03- 00000 State Library Grant- Main 60, 190 Increase Expenditures
18I- 5301- 65Q0136- fl00t} 0 CA Library E5L Cirant 60, 190 Totai $ 60, 190 $ 60, 190
THAT the purpase is tc appropriate $ 60, 19Q fc r the California State Library award funds for English as a econd Language services for fiscal year 2024- 25.

T T E l3Y ' ERTIFY that the iF r going resc lution was introduced at a regular me ting of the City Council af the City of Redding on the
19th day of Navember, 2024; and was duly adc pted at
said me ting by the following vote;
A' ES: OEUNCIL MCE ERSs -. Tahnson, Mezzana, Munns, Winter, and Aude te NQES: C+DUNCIL ME ERS: - None
ABSENT. COUIYCII. ME E1 S: - Nane
ABSTAIN: CCJUNCIL ME RS. - lYon
ESSA AUDETT' E, Mayor
ATTEST: F APPROVAL:
z
HARLENE TIPTUI, Ci yClerk C STIA1 1 M. CIURTI, City ttorney Packet Pg. 230 Attachment: Resolution No. 2024-093 - November 19, 2024 City Council [Revision 1] (4.6(a)--Adopt Budget Reso for Library Literacy Services

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following:
(1) Approve and ratify the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant applications submitted by the Airports Division; and (2) Authorize the City Manager, or designee, to accept and execute a grant agreement for any, or all, FAA AIP grant funds associated with these projects.

Fiscal Impact
The Airports Division will utilize its existing budget for preliminary expenses associated with three federal grant applications to be reimbursed after grant acceptance. The estimated expenses equate to approximately $15,000 ($5,000 for each of three projects). Once grants are approved, staff will submit reimbursement requests to return the funds. These projects are anticipated to receive federal grants from Airport Infrastructure Grant (AIG) funding appropriated by the Bipartisan Infrastructure Law (BIL) approved in the Infrastructure Investment and Jobs Act. The grants require five percent match funding, totaling $43,310. However, the match is covered through by the Passenger Facility Charge program (PFC) fees. There is no impact to the General Fund.

Alternative Action
Council may choose not to ratify the grant applications or provide alternative direction to staff on funding and execution of these projects.

MEETING DATE: March 17, 2026
ITEM NO. 4.6(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(b)--Ratify Grant Applications for grant-funded capital projects at the Redding Regional Airport.

Travis Menne, Director of
Community Services/Airports
Packet Pg. 231
Report to Redding City Council March 12, 2026
Re: 4.6(b)--Ratify Redding Regional Airport Capital grant applications Page 2 Background/Analysis
The Airports Division submitted grant applications to the Federal Aviation Administration (FAA) for a Wildlife Hazard Assessment and Wildlife Hazard Management Plan (WHA and WHMP); procurement of runway closure markers; and design for Runway 17/35 safety area improvements. All three project are 95 percent eligible for federal funding with a five percent local match to be paid by the Airport budget or the City General Fund and reimbursed through the Airports federally approved passenger facility charge (PFC) program.

The five percent local match is funded by PFCs which are collected by the airlines and paid to RDD on a quarterly basis. The PFC program charges $4.50 per ticketed enplaned passenger through a federal approval process towards eligible “PFC” projects and would seek to include these projects in a future “PFC” application to reimburse expenses. Because these fees are collected throughout the year, staff utilizes the Airport budget to fund the local match up-front, allowing the Airport to satisfy the match requirement.

AIG BIL grants are anticipated to be awarded in August or September 2026. Preliminary expenses include environmental clearances such as NEPA and CEQA as well as an Independent Fee Estimate which is required by the FAA to ensure that aviation consulting firms are providing reasonable and fair prices to airport operators for services funded by federal grants.

The WHA and WHMP project is estimated at a total cost of $175,000 and will consist of a 12 to 14-month long hazard assessment followed by an update to the WHMP. These plans are required when certain levels of wildlife activity, or other trigger actions, are detected at an airport in order to ensure that wildlife are not interfering in the safety of air travel at the airport.

The runway closure marker procurement is estimated to cost $106,000 and consists of an equipment procurement to enhance safety on the ground during temporary runway closure which can occur in special circumstances or due to maintenance. The equipment consists of lighted “X” shapes which are placed at the ends of a closed runway to provide a clear visual signal to pilots in day and nighttime conditions when a runway is closed. Examples of recent uses of lighted X’s include the runway rehabilitation project completed in October and the visit of the Goodyear Blimp in September 2025. The current lighted X’s are in deteriorating condition and there are no longer parts or bulbs available for the outdated equipment and should be replaced to maintain safety standards.

The Runway 17-35 Safety Area Improvements Design project is estimated to cost $1,050,000 and consists of engineering and design work for future construction in the Runway Safety Area.

Ultimately this project seeks to address grading issues in the Runway Safety Area as well as lighting and electrical changes on the airfield. The future construction project is considered a priority for funding at the RDD airport by the FAA San Francisco Airport District Office and has the potential to interfere with funding for other desired projects at RDD if not prioritized in current plans by the Redding Regional Airport.

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

Council Priority/City Manager Goals
Packet Pg. 232
Report to Redding City Council March 12, 2026
Re: 4.6(b)--Ratify Redding Regional Airport Capital grant applications Page 3 • Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”
Packet Pg. 233

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following:
(1) Approve the Ground Lease Agreement for 195,584 square feet of ground space with Shasta Hangar, LLC, for land located at the Redding Regional Airport – 3760 Flight Avenue, for a period of 36 years with two five-year extension options; (2) Authorize the Mayor, or designee, to sign and execute the lease agreement; and (3) Find the action categorically exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15301 – Existing facilities.

Fiscal Impact
There is no negative impact to the General Fund with this action. The term of this agreement is for a period of 36 years with two five-year extension options. The rent will be adjusted three percent annually. Shasta Hangar, LLC., (Shasta Hangar) intends to use the leasehold for the purpose of maintaining and utilizing a hangar/office complex, fueling services, and for the purpose of aircraft parking. Annual rent for the initial 12 months period will be $62,896.66 (this is during the construction phase), with an increase the second year to $86,839.32 and scheduled increases each year thereafter.

Alternative Action
City Council may choose not to approve the lease agreement and provide alternative direction to staff. However, this may cause a delay in the scheduled construction.

MEETING DATE: March 17, 2026
ITEM NO. 4.6(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(c)--Approve Ground Lease Agreement with Shasta Hangar at the Redding Airport
Travis Menne, Director of
Community Services/Airports
Packet Pg. 234
Report to Redding City Council March 12, 2026
Re: 4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC Page 2 Background/Analysis
The City of Redding (City) operates and owns the Redding Regional Airport (RDD), a publicuse airport with commercial air service. RDD consists of facilities for both commercial and general aviation users, as well as developable space which is further detailed in several planning documents including the Airport Layout Plan, Airport Strategic Plan, and Airport Master Plan.

All land, including developable land, can be generally divided into land which is dedicated to either aeronautical or non-aeronautical land-uses. This important distinction determines the applicability of certain regulations and grant sponsor obligations imposed by the Federal Aviation Administration (FAA).

In late 2022, the City of Redding Airports Division identified several pieces of land suitable for development of aeronautical land-use facilities. The Airports Division solicited bids for four development sites at the airport between December 30, 2022, and February 1, 2023, as Schedule Number 5342. After review of submitted proposals, Air Shasta was selected by the panel as the best and highest use of the site in the bid package.

The Shasta Hangar development includes the lease of approximately 195,584-square-feet to include an aircraft storage hangar, office space, fuel farm, and associated parking lot in support of its overall Fixed Base Operator (FBO) operations at the airport. The proposed lease terms include an initial term of 36 years commencing on the date the Agreement is executed. So long as Lessee is not in default under this Agreement, Lessee shall have two, five-year options to extend the term of the Agreement. These improvements will benefit all airport users by providing additional aircraft storage space, expansion for FBO services, and additional revenue to support the airport operating budget.

Air Shasta currently hold leases for multiple properties at RDD. As a result of the new lease, staff will request that the existing lease agreement with Air Shasta (C-3873) be terminated at a future City Council meeting as this new lease includes their existing facilities and extends the terms to align with the new construction (agreement with Shasta Hangar, LLC attached). The current lease is set to expire in February 2027. Combining the ground operations into one lease agreement allows for a more efficient operation and a single lease rather than multiple agreements with varying terms.

In accordance with Government Code section 54221(f)(1)(O), land that is owned by a California public use airport on which residential uses are prohibited pursuant to the Federal Aviation Administration Order 5190.6B are declared exempt surplus land.

Environmental Review
Staff has reviewed the action and determined that approval of the lease agreement is categorically exempt from review under the California Environmental Quality Act (CEQA) Guidelines, pursuant to Section 15301 – Existing Facilities. Class 1 exemptions include the permitting, leasing, and operation of public or private structures, facilities, mechanical equipment, or topographical features that involve negligible or no expansion of existing or former use. Approval of the lease agreement has no potential to have a significant effect on the environment.

Packet Pg. 235
Report to Redding City Council March 12, 2026
Re: 4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC Page 3 The Shasta Hangar is responsible for meeting certain regulatory requirements in order to develop land as required by the FAA in a process that includes National Environmental Policy Act (NEPA) and CEQA consideration. Shasta Hangar worked with a qualified aviation consultant to obtain necessary NEPA and CEQA approvals which were submitted to the City Planning Department and FAA as part of the development approval process.

Council Priority/City Manager Goals
• 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
Shasta Hangar, LLC Lease Agreement - unsigned
Air Shasta C-3873 (to be terminated upon execution of new lease) Packet Pg. 236

GROUND LEASE AGREEMENT
This Agreement is entered into as of March 17, 2026, (the “Effective Date”) by and between the City of Redding, a municipal corporation (the “Agreement’), (the “City”), and Shasta Hangar, LLC., (the “Lessee”).

R E C I T A L S
A. City operates and maintains the Redding Regional Airport (the “Airport”) and is owner of certain real property in the County of Shasta, State of California, described on Exhibit A (the “Property”).

B. Lessee desires to lease from City approximately 195,584 square feet of ground space to use current leased facilities and develop an aircraft storage hangar, office space and public parking lot.

A G R E E M E N T

1. PREMISES. Lessee desires to lease from City and City desires to lease to Lessee on the terms and conditions contained in this Agreement, 195,584 square feet ground area, legally depicted on Exhibits A (Legal Description), B (Site Plan) and C (Site B) attached hereto and incorporated herein by reference, (the “Premises”).

2. TERM.

A. Lease Commencement: the TERM will begin effective the date the Agreement is executed. The term of this Agreement shall be for the period of thirty-six (36) years (the “Initial Term”).

B. So long as Lessee is not in default under this Agreement, Lessee shall have two (2) five (5) year options to extend the term of this Agreement. If Lessee exercises such option(s), all of the terms of this Lease Agreement shall remain in full force and effect except that the City shall become the owner of all improvements on the Premises pursuant to Section 7(L) and there shall be no further options to extend or renew the Lease beyond the renewal terms set forth herein.. The option(s) shall be exercised by written notice addressed to City no less than ninety (90) calendar days prior to the expiration of the then current Lease term. Failure to exercise the option may, in the City’s sole discretion, be considered a forfeiture of the right to exercise the option.

3. USE.

A. The Premises are leased to Lessee for the sole purpose of maintaining and utilizing a hangar/office complex and for the purpose of aircraft parking. Use of site shall include (1) aircraft charter service; (2) aircraft rental service; (3) aircraft flying instruction; (4) aircraft sales and service; (5) sales of aircraft parts and accessories; (6) sale of pilot supplies; (7) aircraft maintenance and repair; (8) purchase and sale of aviation gasoline, jet fuel, and lubricants; (10) office, storage and vehicle parking activities related to the aforementioned activities in this paragraph; (11) storage of aircraft. Lessee shall not use Packet Pg. 237 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) or permit the Premises to be used for any other purposes without the prior written consent of the Airports Manager.

B. Lessee shall not engage in the sale of alcoholic beverages at the Premises or Airport without the prior written consent of the Airports Manager.

C. The City hereby grants Lessee a non-exclusive, revocable right to use, in common with others, all public Airport facilities and improvements, which are not by right the exclusive use of other users of the Airport, including all necessary landing area appurtenances, including approach areas, runways, taxiways, aprons, aircraft and automobile parking areas, roadways, sidewalks, navigational aids, lighting facilities, or other public facilities at the Airport, subject to the rules and regulations, ordinances, and policies of the City. Lessee agrees that the timing, location, and manner of use of such facilities shall be subject to the prior approval and absolute discretion of the Airports Manager. The Airport Director reserves the right to reassign, restrict, or suspend such use at any time to ensure the safe, secure, and efficient operation of the Airport, or to accommodate changing aeronautical needs. Any unauthorized use or failure to comply with the Director’s directives may result in immediate revocation of access to these areas.

4. RENTAL PAYMENTS.

A. The monthly rent to be paid by Lessee to the City under this Agreement during the Term of this Agreement (the “Rent”), shall be the following:

1. For the period beginning from the date this Agreement is executed through the first twelve months of the Initial Term (36 years), the Rent to be paid by Lessee for the Premises shall be broken out into the Existing Area and the New Area.

The Existing Area is comprised of a 150 feet x 370 feet area for a total of 55,500 square feet and the fuel farm area of 32,234 square feet, as shown on the map incorporated by reference and attached hereto as Exhibit C. Lessee shall pay Rent for the Existing Area for the first twelve months of the Initial Term at $0.037 per square foot per month for a total amount of $3,246.16 per month [55,500 square feet + 32,234 square feet = 87,734 square feet total x $0.037 = $3,246.16 per month]. The New Area, incorporated into the Lease Site by reference and attached hereto as Exhibit B, is comprised of a total of 107,850 square feet. Lessee shall pay Rent for the New Area for the first twelve months of the Initial Term at fifty percent (50%) of the initial rate of $0.037 per square foot per month for a total amount of $1.995.23 per month (107,850 square feet x $0.0185 = $1,995.23 per month). The total Rent due per month for the Existing Area and the New Area for the first twelve months from the date this Agreement is fully executed equals $5,241.39. The annual total for the first twelve months equals $62,896.66.

2. After the first twelve (12) months of the Initial Term (36 years), Lessee shall pay Rent for the Premises each month in the amount of Seven Thousand, Two Hundred Thirty-Six Dollars and Sixty-One Cents ($7,236.61) ($0.037 per square foot per month for approximately 195,584 square feet). For each year of the Initial Term thereafter, the base rent shall increase annually on each Packet Pg. 238 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) anniversary of the Initial Term commencement date (the “Adjustment Date”) by three percent (3%) over the base rent paid during the immediately preceding lease year.

3. In the event Lessee exercises a five-year option to extend this Lease, the rent to be paid monthly by Lessee for the Premises for the first year of the five-year option shall be the then current monthly rental fee increased by three percent (3%). For each year of the renewal term thereafter, the base rent shall increase annually on each anniversary of the renewal term commencement date (the “Adjustment Date”) by three percent (3%) over the base rent paid during the immediately preceding lease year.

B. Lessee shall pay to the City all rent for the Premises and all other payments, if any, required by this Agreement, without deduction, set off, prior notice or demand on or before the first (1st) day of the month. Payments not paid when due are subject to late fees and penalty charges as shown in the City’s current Schedule of Fees and Charges.

Rent for any partial month shall be prorated based on a thirty (30) day month.

Notwithstanding the foregoing, Lessee’s failure to timely pay Rent or other monetary obligations due under this Lease shall constitute a material breach of this Lease. Upon Lessee’s failure to make any payment when due, the City shall provide Lessee with written notice of such default. Lessee shall have three (3) business days from receipt of such notice to cure the default by making full payment of all amounts due. If Lessee fails to cure the default within the specified cure period, the City shall have the right, at the City’s sole discretion, to terminate this Lease by providing written notice to Lessee.

Upon termination, Lessee shall immediately vacate the Premises and surrender possession to the City. Termination of this Lease shall not limit the City’s right to pursue any other remedies available under this Lease or applicable law, including recovery of unpaid Rent, damages, and costs of enforcement.

5. UTILITIES. Lessee shall, at its own expense, provide and timely pay for all utilities furnished on the Premises and plan for the provision and payment prior to delinquency of any and all utility charges furnished to the Premises, including without limitation, electricity, gas, water, sewer, telephone services, garbage and rubbish removal and other public utilities. In no event shall the City be liable for any damage, loss, or expense arising out of any interruption, failure, or defect in the supply or character of water, sewer, gas, or electrical services to the Property, whether caused by maintenance, repair, breakdown, or causes beyond the City’s reasonable control. The City shall have no responsibility to pay for utilities furnished to the Premises, and Lessee shall hold the City free and harmless from all charges for the furnishing of utilities to the Premises.

6. TAXES.

A. 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.

B. Lessee shall promptly pay before delinquency any taxes and/or special assessments assessed against the Premises and any improvements and/or Lessee’s personal property, Packet Pg. 239 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) 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.

7. CONSTRUCTION BY LESSEE.

A. Duty to Construct. Lessee shall, at Lessee's sole cost and expense, construct or cause to be constructed on the Premises, a one-hundred-ten foot by three-hundred and twentyfour foot (110' x 324') aircraft storage hangar and an 8,000 square foot attached office space, landscaping, a connecting automobile parking lot comprised of a suitable finished surface of either a minimum of three (3) inches of asphalt concrete or the appropriate thickness of concrete over the appropriate base of aggregate as calculated by Lessee’s engineer and other related improvements (the “Hangar”), in the manner and according to the terms and conditions specified in this Article and shall be subject to any necessary permits as required by Redding Municipal Code thereby meeting the requirements of the City Zoning Ordinance, California Buildings Standards Code and the California Fire Code. The duty to construct for the Hangar 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.

B. Lessee shall, at Lessee’s sole cost and expense, decommission or remove the existing hangar and office structure for the purpose of replacement with a similar type building or replace with concrete apron to support aeronautical activity with the parking and placement of aircraft and equipment necessary for the business.

C. Requirement of City’s Written Approval.
i. Nothing contained in this Article 7 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. ii. 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 Airports Manager. The submission of plans for the Airports Manager’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 improvements shall be constructed on the Premises that do not comply with plans, specifications, and locations approved in writing by City.

D. Preparation and Submission of Plans. Lessee shall, at Lessee's own cost and expense, engage a licensed architect or engineer to prepare plans and specifications for the Hangar and other improvements and shall submit to the Airports Manager for approval:

Packet Pg. 240 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) i. Within one hundred eighty (180) days after the effective date of this Lease, one copy of:

1. Drawings and materials in the form of preliminary plans and elevations sufficient to convey the architectural design of the Hangar and other improvements to the Airports Manager, and

2. A statement of estimated construction costs for the Hangar and other improvements prepared by the engaged architect or engineer. ii. The plans and specifications may be submitted to the City Planning and Building Division’s concurrent with the Airports Manager’s review. iii. Within ninety (90) calendar days after approval by Airports Manager of the items specified in Subsection (2) of this Subdivision C, and the obtaining by Lessee of any building permit, variance, use permit, or rezoning or administrative permit required for the Hangar and other improvements, Lessee shall provide the Airports Manager with one (1) copy of:

1. Detailed working drawings, plans, and specifications for the Hangar and other improvement; and

2. A revised statement of estimated construction costs for the Hangar and other improvements prepared by the engaged architect or engineer.

E. City’s Approval or Rejection of Plans. Within fifteen (15) days after receipt by Airports Manager of any of the documents submitted to City for approval pursuant to Section 7C of this Lease, the Airports Manager shall either approve those documents by endorsing City's approval on each such document and returning one set of the documents to Lessee, or the Airports Manager shall give written notice to Lessee of any objections City may have to those documents. Within thirty (30) days after service on Lessee of the written notice of City's objections, Lessee shall deliver corrective amendments to the documents to the Airports Manager and City shall, within ten (10) days after receiving the corrective amendments, serve written notice on Lessee of City's approval or rejection of the documents as so amended. City’s failure to comply with the times stated herein shall not constitute approval of Lessee’s plans.

F. Changes in Plans. After approval by the Airports Manager of the documents described in Section 7.C.3 of this Lease, any material change in the plans or specifications for the Hangar and other improvements shall be approved by the City.

City shall give written notice to Lessee of any objections the City may have to any proposed changes within twenty (20) days after a written statement of the proposed changes has been given to City by Lessee. Minor changes in work or materials need not be approved by City but a copy of the altered plans and specifications reflecting those changes shall be given to City within a timely manner. For the purposes of this Section, “minor change” means one that does not materially change the exterior appearance, internal plan, location on the Premises or result in a change in the cost of construction of more than Ten Thousand Dollars ($10,000.00). All other changes are material.

Packet Pg. 241 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) G. All Work Under Direction and Supervision of Licensed Contractor. All work required in the construction of the Hangar and other improvements, including site preparation work, landscaping work, and utility installation work, as well as actual construction work on the Hangar 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.
i. Lessee shall record that Certificate of Completion promptly within the time specified by law for the recording of that notice; and
ii. Lessee shall settle and discharge all liens of record claimed by persons who supplied either labor or materials for the construction of the Hangar and other improvements.

H. Compliance With Law and Standards. The Hangar 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 Hangar, 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 new materials of good quality and high standard.

I. Time for Completion. Lessee shall begin substantial construction of the Hangar, pursuant to acquisition of a valid building permit, within twelve (12) months of the effective date of this Lease. Lessee shall cause construction of the Hangar and other improvements to thereafter be diligently pursued without unnecessary interruption and shall cause the Hangar and other improvements to be completed and ready for occupancy not later than one hundred eighty (180) days after completion of its construction. Lessee shall be excused for any reasonable delays in construction or commencement of construction caused by a natural disaster, fire, flood, earthquake, war, terrorism, pandemic, government order, or other cause reasonably beyond the control of such Lessee, provided Lessee gives prompt written notice to the City and exercises reasonable diligence to avoid any such delay, to mitigate the effects of the delay, and to resume construction as promptly as possible after the delay.

J. Mechanics’ Liens.
i. 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 Packet Pg. 242 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to the Premises.
ii. 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, City may, but is not required to 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 (3) 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 reasonable 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. iii. 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 promptly and diligently prosecute the dispute to resolution in a manner that protects the City’s interest in the property and 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. Lessee shall have no authority to subject the City’s interest in the property to any mechanic’s liens. Any mechanic’s liens shall attach only to Lessee’s leasehold interest in the property. If Lessee fails to remove any lien as required herein, the City shall have the right, but not the obligation, to pay and discharge the lien. Any amounts paid by the City in connection with such lien shall be deemed additional rent, and the City shall reimburse the City immediately upon demand.

K. Zoning and Use Permits. Should Lessee deem it 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 Hangar or any other improvements, Airports Manager, or designee, agrees to execute any documents, petitions, applications, and authorizations that may be necessary or appropriate; provided, however, that any such permits, variances, or rezoning shall be obtained at the sole cost and expense of Lessee and Lessee agrees to protect and save City and the property of City, including the Premises, free and harmless from any such cost and expense. This Packet Pg. 243 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) does not obligate other City departments that are not within the control of Airports Manager.

L. Ownership of Improvements.
i. Notwithstanding Section 2B of this Agreement, title to all improvements, including the Hangar, to be constructed on the Premises by Lessee shall be owned by Lessee until expiration of the initial Term from the commencement date of this Lease or earlier termination of this Lease. All improvements, including the Hangar, on the Premises at the expiration of the term or earlier termination of this Lease shall, without compensation to Lessee, then automatically and without any act of Lessee or any third party become City's property. 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. Without taking any action to alter the function or habitability of the improvements or to reduce the economic value of the same, 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. ii. Upon expiration or termination of Lease, Lessee shall have the right to remove such personal property, machinery, and equipment as may be removed without 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.

8. INDEMNIFICATION. 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 reasonable attorneys’ fees and other costs of defense incurred by the City, whether for 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 the negligence or willful misconduct of Lessee, or from the actions of Lessee’s officers, employees, agents and invitees. The parties intend that any such claims or losses shall first be satisfied from applicable insurance coverage before resorting to Lessee’s indemnity obligations. Lessee’s obligations under this Section shall not apply to the extent of the sole negligence or willful misconduct of the City. The indemnification obligations hereunder shall be coordinated with, and not in duplication of, the insurance obligation set forth in Section 9, and the City’s rights as an additional insured under Lessee’s policies shall be primary as to such covered matters. Lessee’s obligations under this Section shall survive termination or expiration of this Agreement.

9. INSURANCE.

A. Unless modified in writing by City’s Risk Manager, Lessee shall maintain, during the duration of this Agreement, the following insurance from an insurance company authorized to do business in the State of California. The cost of such insurance shall be borne by Lessee. Subject to policy terms, conditions, limitations and exclusions, Packet Pg. 244 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) coverage shall be at least as broad as:

1. Insurance Services Office form number CG-00 01, Commercial General Liability Insurance, in an amount not less than $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury and property damage liability, personal injury and advertising injury liability, medical payments and, as applicable, products-completed operations coverage, explosion, fueling, defueling and refueling operations.

2. Aircraft Liability, in respect of all aircraft owned, leased, hired, borrowed or operated, including passengers and non-passengers, and including contractual liability coverage in an amount not less than $1,000,000 per occurrence for bodily injury and property damage, with a sublimit per passenger of no less than $100,000.

3. 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, nonowned and hired vehicles.

4. 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.

5. Property Insurance against all risks of loss to 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.

B. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City.

C. Other Insurance Provisions. The general liability policies are to contain or be endorsed to contain the following provisions:

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

2. Lessee’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents or volunteers. Such insurance shall apply without contribution from any insurance maintained by or on behalf of any the City. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of and shall not Packet Pg. 245 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) contribute with, the insurance required to be maintained by Lessee under this Agreement. The parties intend and agree that the Lessee’s insurance shall respond first to any claim, demand, loss, damage, suit, or liability arising out of or relating to this Agreement, the leased premises, or Lessee’s operations, occupancy, or use, and that any insurance of the City shall be excess and noncontributory with Lessee’s insurance.

3. Coverage shall state that Lessee’s insurance 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.

D. Cancellation Clause. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days’ prior written notice has been given to the City.

E. Certificate Holder. The Certificate Holder shall be the City of Redding, 777 Cypress Avenue, Redding CA 96001.

F. Sublessees. Sublessees shall be required to procure and maintain insurance applicable to their service and/or operation and meet the insurance requirements set forth in this Section. City shall determine the type(s) of insurance to be provided by Sublessee.

G. Acceptability of Insurers. Insurance is to be placed with insurers admitted to conduct business in the State of California with a current A.M. Best’s rating of no less than A- :VII.

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

I. Coverage. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Lessee thirty (30) days’ advance written notice of such change. Lessee shall satisfy said insurance requirement within thirty (30) calendar days.

J. The requirements as to the types and limits of insurance coverage to be maintained by Lessee as required by Section 9 of this Agreement, 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 Lessee pursuant to this Agreement, including, without limitation, provisions concerning indemnification.

10. MAINTENANCE AND REPAIRS.

A. Lessee shall, at Lessee’s sole cost and expense and at all times during the term, maintain the Premises and structure(s) in a safe and attractive condition and in the same or improved condition as received at the beginning of the initial and renewal term(s), ordinary wear and tear excepted. Lessee shall do, or cause to be done without delay, all Packet Pg. 246 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) those things which, in the opinion of the Airports Manager, are necessary or desirable in the interests of safety or to maintain the Premises in good repair and appearance, including, but not limited, to all actions identified in this section. All damage caused to the Premises and/or Airport by Lessee, its officers, employees, agents and invitees, shall be repaired at Lessee’s sole expense.

B. Lessee is responsible for pest control.

C. Lessee is responsible for HVAC maintenance and repair.

D. Lessee shall, at Lessee’s sole cost and expense and at all times during the term, be responsible for the following:

1. Sweeping and maintaining the aircraft and vehicle parking aprons in a clean condition;

2. Conduct vegetation and weed management.

11. ALTERATIONS AND ADDITIONS.

A. Lessee shall not make or cause to be made any alterations or improvements to the Premises without first securing the written consent of the Airports Manager. The Airports Manager, in their sole discretion, may impose restrictions upon any proposed alterations or improvements. All such alterations or improvements shall comply with Airport Policy and all applicable building, zoning and fire codes.

B. Any trade fixtures, equipment, and other property brought, installed, or placed by Lessee in or about the Premises shall be and remain the property of Lessee except as otherwise provided herein. Lessee shall have the right at any time during the term hereof to remove any or all of its property, subject to Lessee’s obligation to repair all damage, if any, resulting from such removal.

C. Notwithstanding Section 7(K), upon the termination of this Agreement, at the sole option of the City: (1) The alterations or improvements shall become the property of the City and shall remain on the Premises; or (2) Lessee shall remove all alterations or improvements and return the Premises to the City in substantially the same condition as the Premises existed at the commencement of this Agreement.

12. ASSIGNMENT. Lessee shall not voluntarily assign, encumber, or sublet its interest in this Agreement or in the Premises, or allow any other person or entity (except its authorized representatives) to occupy or use any or all part(s) of the Premises, without first obtaining the City’s prior written consent which shall not be unreasonably withheld. Any assignment, encumbrance, or subletting made without the City’s consent shall be voidable, and, at the sole election of the City, shall constitute a default of this Agreement and grounds for the City to terminate this Agreement. No consent to any assignment or encumbrance shall constitute a further waiver of the provisions of this section.

Packet Pg. 247 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC)

13. INVOLUNTARY ASSIGNMENT.

A. No interest of Lessee in this Agreement shall be assignable by operation of law by voluntary or involuntary assignment. Involuntary assignments include but are not limited to the following:

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 any operation at the Airport 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.

14. NO EXCLUSIVE USE. Nothing contained in this Agreement shall be construed as entitling Lessee to the exclusive use of any services, facilities, or property rights of any nature at the Airport, except the use of the Premises for the purpose and approved use set forth in this Agreement.

15. WASTE; QUIET CONDUCT. Lessee shall not commit or suffer to be committed any waste upon the Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other occupant of or user of the Airport or the City’s adjoining property.

16. STORAGE. Lessee shall not store anything outside of the Premises without the prior written approval of the Airports Manager.

17. RIGHT TO INSPECT.

A. The 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:

1. To inspect the Premises at reasonable intervals between 8:00 a.m. to 6:00 p.m.

Packet Pg. 248 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) with twenty-four (24) hours prior notice to determine whether Lessee has complied with or is complying with the promises, terms, covenants and conditions of this Agreement;

2. To make repairs, additions, or alterations as may be necessary or convenient for the conduct, safety, improvement, or preservation of the Airport;

3. For emergency purposes; and

4. In the exercise of the City’s police power.

B. No inspection by or on behalf of the City of the Premises shall cause or constitute a termination of this Agreement or be deemed to constitute an interference with Lessee’s possession or use thereof.

18. RULES AND REGULATIONS; COMPLIANCE WITH LAWS.

A. Lessee shall, at Lessee’s sole cost and expense, comply with all of the requirements of all city, county, state and federal authorities now in force, or which may hereafter be in force, pertaining to Lessee’s possession and use of the Premises, and shall faithfully observe in the use of the Premises all city and county ordinances and state and federal statutes and regulations, now in force or which may hereafter be in force. Lessee’s possession and use of the Premises shall conform to all Airport rules and regulations and local building and fire codes.

B. In the event of any conflict or inconsistency between the provisions of this Agreement and any applicable federal laws, regulations, or clauses (Federal Clauses), the Federal Clauses shall prevail and take precedence over the conflicting or inconsistent provisions of this Agreement. The Parties agree to interpret and apply the terms of this Agreement in a manner consistent with the Federal Clauses to the fullest extent possible. If any provision of this Agreement is determined to be in conflict with a Federal Clause, such provision shall be deemed modified or superseded to the extent necessary to eliminate the conflict, without affecting the validity or enforceability of the remaining provisions of this Agreement.

19. HAZARDOUS MATERIALS.

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

1. Substances which are flammable, explosive, corrosive, radioactive, or 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 Heath & Safety Code Sections 25300, et seq.), California Health and Safety Code Section 25280, et seq., Hazardous Materials Packet Pg. 249 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Release Response Plans and Inventory or the California Porter-Cologne Water Quality Control Act, (Water Code 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 Waster 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 or Airport 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.

Packet Pg. 250 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC)

20. SECURITY. Lessee shall completely secure the Premises to prevent unauthorized access to the secure side of the Airport at all times. Lessee shall defend, indemnify, hold harmless and pay any fines imposed upon the City by the Federal Aviation Administration (FAA), Department of Homeland Security (DHS), or Transportation Security Administration (TSA) for violations of security caused by actions of Lessee or its agents, employees, or invitees.

Lessee shall pay such fine within thirty (30) days of written notice from the City of the obligation to pay the fine. Failure to comply with the provisions of this Section is grounds for termination of this Agreement by the City.

21. FEDERAL REQUIREMENTS. To comply with Federal Aviation Administration requirements, Lessee and its officers, administrators, representatives, successors and assigns, as part of the consideration hereof, do hereby covenant and agree to adhere to the following:

A. GENERAL CIVIL RIGHTS PROVISIONS: The “Lessee” agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. If the “Lessee” transfers its obligation to another, the transferee is obligated in the same manner as the “Lessee”.

This provision obligates the “Lessee” for the period during which the property is owned, used or possessed by the “Lessee” and the airport remains obligated to the Federal Aviation Administration. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

B. CIVIL RIGHTS – TITLE VI ASSURANCE: Title VI of the Civil Rights Act of 1964, as amended, (Title VI) prohibits discrimination on the grounds of race, color, or national origin under any program or activity receiving Federal financial assistance. Sponsors must include appropriate clauses from the Standard DOT Title VI Assurances in all contracts and solicitations.

C. SOLICITATION CLAUSE: The City of Redding, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

D. CLAUSE – CONTRACTS: During the performance of this contract, the Lessee, for itself, its assignees, and successors in interest (hereinafter referred to as the “Lessee”), agrees as follows:

1. Compliance with Regulations: The Lessee (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

Packet Pg. 251 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC)

2. Nondiscrimination: The Lessee, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Lessee will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Lessee for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Lessee of the Lessee’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Lessee will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Lessee will certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of Lessee’s noncompliance with the non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Lessee under the contract until the Lessee complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.

E. Incorporation of Provisions: The Lessee will include the provisions of paragraphs one through five in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Lessee will act with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided that if the Lessee becomes involved in, or is threatened with litigation by a subcontractor, Packet Pg. 252 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) or supplier because of such direction, the Lessee may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Lessee may request the United States to enter into the litigation to protect the interests of the United States.

F. CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY:

NOW, THEREFORE, the Federal Aviation Administration as authorized by law and upon the condition that the City of Redding will accept title to the lands and maintain the project constructed thereon in accordance with Executive Order 9689, for the Surplus Property Act of 1944, and the policies and procedures prescribed by the Federal Aviation Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S.

Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 USC § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the City of Redding all the right, title and interest of the U.S. Department of Transportation/Federal Aviation Administration in and to said lands described in Exhibit A attached hereto and made a part hereof.

HABENDUM CLAUSE: TO HAVE AND TO HOLD said lands and interests therein City of Redding and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the City of Redding, its successors and assigns.

The City of Redding, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed, (2) that the City of Redding will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S.

Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended, and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the Packet Pg. 253 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) absolute property of the Federal Aviation Administration and its assigns as such interest existed prior to this instruction.

G. CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR
IMPROVED UNDER THE AIRPORT IMPROVEMENT PROGRAM:

A. The Lessee for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this Agreement for a purpose for which a Federal Aviation Administration activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the lessee will maintain and operate such facilities and services in compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Pertinent List of Nondiscrimination Authorities (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, City of Redding will have the right to terminate the license and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the license had never been made or issued.

C. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the City of Redding will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the City of Redding and its assigns.

H. CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM: The
following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by City of Redding pursuant to the provisions of the Airport Improvement Program grant assurances.

A. The lessee for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any Packet Pg. 254 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the lessee will use the premises in compliance with all other requirements imposed by or pursuant to the List of discrimination Acts And Authorities.

B. With respect to licenses, in the event of breach of any of the above nondiscrimination covenants, City of Redding will have the right to terminate the license and to enter or re-enter and repossess said land and the facilities thereon and hold the same as if said license had never been made or issued.

C. With respect to deeds, in the event of breach of any of the above nondiscrimination covenants, City of Redding will there upon revert to and vest in and become the absolute property of City of Redding and its assigns.

I. TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES: During the performance of this contract, the Lessee, for itself, its assignees, and successors in interest (hereinafter referred to as the “Lessee”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
Packet Pg. 255 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).

J. Lessee acknowledges that City is subject to Federal Grant Agreement obligations as a condition precedent to the granting of federal funds for improvements to the Airport, and, accordingly, Lessee agrees to, and agrees to be bound by, the following covenants provided by the Federal Aviation Administration as they may apply to Lessee.

A. Lessee for itself, its personal representatives, successors in interest and assigns, as a part of consideration hereof, does hereby covenant and agree that in the event facilities are constructed, maintained, or otherwise operated on any areas occupied by Lessee and described in this Agreement for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

B. Lessee for itself, its personal representatives, successors in interest and assigns, as a part of consideration hereof, does hereby covenant and agree Packet Pg. 256 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in use of the facilities, (2) that in the construction of any improvements on, over, or under any areas by Lessee and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that Lessee shall occupy and use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as the Regulations may be amended.

C. That in the event of breach of any of the above nondiscrimination covenants, the City shall have the right to terminate this Agreement and to reenter and repossess the land and the areas occupied by Lessee and the facilities thereon, and hold the same as if this Agreement had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.

D. Lessee shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and shall charge fair, reasonable, and not unjustly discriminatory prices for each unit or service.

Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.

E. Without limiting the generality of any other terms or provisions of this Agreement, non-compliance with subsection D above shall constitute a material breach thereof and in the event of such non-compliance the City shall have the right to terminate this Agreement and the estate hereby created without liability therefore or, at the election of the City or the United States, either or both Governments shall have the right to judicially enforce subsections A, B, C, and D.

F. Lessee agrees that it shall insert the above five (5) provisions, subsection A through E, in any agreement by which Lessee grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public on the Premises.

G. Lessee assures that it will comply with pertinent statues, executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefitting from federal Packet Pg. 257 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) assistance. This section obligates Lessee or its transferee for the period during which federal assistance is extended to the Airport, except where federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases, this subsection obligates Lessee or any transferee for the longer of the following periods: (a) the period during which the property is used by City or any transferee for a purpose for which federal assistance is extended, or for any purpose involving the provision of similar services or benefits; or (b) the period during which City or any transferee retains ownership or possession of the property. In the case of Lessees, this subsection binds the subsection binds the Lessees from the bid solicitation period through the completion of the contract.

H. Lessee agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work related to a grant or sub-grant.

I. Lessee agrees to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as:

1. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

2. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

J. The City reserves the right, but shall not be obligated, to Lessee to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of Lessee in this regard.

K. The City reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of Lessee and without interference or hindrance.

L. This Agreement shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States relative to the use, development, operation, security or maintenance of the Airport, the execution of which is or may be required by the United States as a condition precedent to the grant or expenditure of federal funds for the Airport.

M. There is hereby reserved to the City, its successors and assigns, for the use Packet Pg. 258 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises herein leased. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from or operation on the Redding Regional Airport.

N. Lessee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises.

O. Lessee, its officers, administrators, representatives, successors, and assigns will not erect nor permit the erection of any structure or object, nor permit the growth of any tree or vegetation on the Airport to a height above the mean sea level that would exceed Federal Aviation Regulations Part 77 standards or elevations affecting Airport navigable airspace. In the event the aforesaid covenants are breached, the City reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree or vegetation, all of which shall be at the expense of Lessee.

P. Lessee, its officers, administrators, representatives, successors and assigns will not make use of the Premises in any manner which might interfere with the landing and taking off of aircraft from Redding Regional Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the City reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of Lessee.

Q. This Agreement and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of the Redding Regional Airport or the exclusive or non-exclusive use of the Airport by the United States during the time of war or national emergency.

Lessee agrees that this Agreement is subject to the ongoing jurisdiction of the United States of America and that if the provisions set forth in this Section 23 are altered, amended or changed in any way by an agency having jurisdiction over the Airport, the Lessee hereby agrees to amendment of this Agreement in order to adopt any such changes.

22. DAMAGE; DESTRUCTION.

A. If the Premises are so damaged or destroyed by fire, flood, earthquake, the elements, casualty, war, riot, public disorder, or any other cause not the fault of Lessee, its officers, employees, agents or invitees so as to render the entire Premises unusable Packet Pg. 259 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) for Lessee’s operations, the Lessee shall have the option to either repair the Premises or terminate this Agreement. If the Lessee elects to terminate this Agreement, rent for the month in which the Premises are damaged shall be prorated and the unearned portion refunded to Lessee within three (3) days of the Lessee’s election to terminate this Agreement. Notwithstanding, Lessee shall bear the cost of removing all material, structures and improvements from the Premises and City may recover as a set-off to rent to be returned to Lessee pursuant to this subdivision or by any other means afforded to it in law or equity the cost of removing the same if Lessee does not do so within thirty (30) calendar days of City having deposited notice to Lessee of its obligation as set forth herein.”
B. If the Premises are partially damaged or rendered partially unusable by fire, flood, earthquake, the elements, casualty, war, riot, public disorder, or any other cause not the fault of City, its officers or employees, City shall give the Lessee written notice of such damage, and if the Lessee does not commence repairs within thirty (30) calendar days from the date of the notice, City may elect to terminate this Agreement by giving written notice to the Lessee of City’s election to terminate this Agreement. If City elects not to terminate this Agreement, this Agreement shall continue in full force and effect except that the damage to the Premises shall be repaired by and at the expense of the Lessee and until such repair is substantially completed so that full use and occupancy of the Premises by Lessee is possible, the rent shall be apportioned according to the portion of the Premises which remains useable. Lessee shall ensure repairs are completed in a timely manner. If such repairs are not completed in a timely manner not to exceed one hundred eighty (180) calendar days from the date of the City’s notice of the damage, City may terminate this Agreement by giving Lessee ten (10) calendar days written notice.

23. DEFAULT.

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

1. Failure to pay any payment due under this Agreement when due, if the failure to pay continues for three (3) days after written notice of the failure has been given to Lessee;

2. Failure to perform any other provision of this Agreement if the failure to perform is not cured within thirty (30) days after notice of the failure has been given to Lessee. If the breach or default cannot be reasonably cured within thirty (30) days, Lessee shall not be in breach or default of this Agreement if Lessee commences to cure the breach or default within the thirty (30) day period and diligently and in good faith continues to cure the default.

3. Failure to maintain current licenses, if any, required for the permitted operation.

Packet Pg. 260 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC)

4. Intentionally supplying the City with false or misleading information or misrepresenting any material fact on documents or in statements to or before the City and its employees, or the intentional failure to make full disclosure on a financial statement or other required documents.

B. Notices given under this section shall be made in writing, and shall specify the alleged breach or default, and shall demand that Lessee perform the provisions of this Agreement or pay the payment that is in arrears, as the case may be, within the applicable time period, or this Agreement is terminated. No such notice shall be deemed a forfeiture or a termination of this Agreement unless the City so elects in the notice.

The City, at any time after Lessee commits a breach or default of this Agreement, can cure the breach or default at Lessee’s cost. If the City, at any time, by reason of Lessee’s breach or default, pays any sum or does any act that requires the payment of any sum, the sum paid by the City shall be due immediately from Lessee to the City at the time the sum is paid, and if paid at a later date shall be subject to late fees and penalty charges as shown in the City’s then current Schedule of Fees and Charges. The sum, together with the late fees or penalty charges, shall be an additional payment owed to the City pursuant to this Agreement.

24. CITY’S REMEDIES FOR DEFAULT.

A. Termination of Lease. Upon the occurrence of a default that is not timely cured by Lessee, the City may immediately terminate this Agreement and recover possession of the Premises. Once the City has terminated this Agreement, Lessee shall immediately surrender the Premises to the City. On termination of this Agreement, the City may recover from Lessee all of the following:

1. The worth at the time of the award of any unpaid rent that had been earned at the time of the termination, to be computed by allowing interest at the maximum amount of interest permitted by law;

2. Any difference in the rent owed going forward less the rent from a new tenant as multiplied by the number of months remaining on the term;

3. Any other amount necessary to reasonably compensate the City for all the detriment proximately caused by Lessee's failure to perform obligations under this Agreement, 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

4. Any other reasonable amounts, in addition to or in lieu of those listed above, Packet Pg. 261 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) that may be permitted by applicable law.

B. Continuation of Lease in Effect: Upon the occurrence of a default that is not timely cured by Lessee, the 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 the City does not elect to terminate this Agreement on account of any default by Lessee, the City may enforce all of the City's rights and remedies under this Agreement, including the right to recover all rent as it becomes due.

25. SURRENDER OF PREMISES. On the expiration, cancellation or termination of this Agreement, Lessee shall surrender possession of the Premises to City, deliver all keys to any locks on the Premises and make known to City the combination of any combination locks on the Premises. Lessee shall reimburse City for any damage done to the Premises caused by Lessee’s use of the Premises or Lessee’s actions or omissions other than normal wear and tear within thirty (30) days of receiving invoice. Lessee shall remove all its personal property on or before the date of expiration, cancellation or termination of the Agreement

26. 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 Airports Manager.

When the Mayor is signatory to this Agreement, the Airports Manager, or the Airports Manager’s designee, shall have authority to execute any amendment to this Agreement which does not decrease the amount of compensation allowable to City, or otherwise substantially change the nature or scope of the agreement provided herein.

27. VOLUNTEER ASSISTANCE. Under no circumstances will Lessee use City employees whom are on duty to perform work at the Premises. Under no circumstances will Lessee use City employees whom are off duty to perform work at the Premises if the nature of the work is substantially similar to the employee’s regular work duties for the City.

28. SIGNS. The size and location of signs, banners, flags, etc., advertising the activities of Lessee and located off of the Airport shall be subject to the City’s sign ordinance (Redding Municipal Code Chapter 18.42.) The size and location of signs, banners, flags, etc., located on the Premises or at the Airport shall be subject to any Airport policies or rules and receive prior written approval of the Airports Manager

29. NOTICES. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender and 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, or 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:

Packet Pg. 262 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) TO THE CITY:

City of Redding
Attn.: Airports Manager
6751 Woodrum Circle, #200
Redding, CA 96002
TO LESSEE:

Shasta Hangar, LLC
Attn: Casey Ross, Manager
3770 Flight Avenue
Redding, CA 96002
Either party may change its address for the purposes of this section by giving written notice of such changes to the other party in the manner provided in this section.

30. BINDING ON HEIRS AND SUCCESSORS. This Agreement 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 Agreement or any interest in the Agreement by Lessee except as provided in Section 13 of this Agreement.

31. ATTORNEY'S 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.

32. HEADINGS AND REFERENCE AND WAIVER. The titles and headings in this Agreement 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 Agreement 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.

Non-Waiver. The City’s acceptance of any partial payment of Rent or other sums due under this Lease shall not constitute a waiver of any term, covenant, or condition of this Lease, nor a waiver of the City’s right to require strict compliance and full performance by Lessee.

No Accord and Satisfaction. No endorsement or statement on any check or accompanying instrument, and no acceptance of any partial payment, shall be deemed an accord and satisfaction. The City may accept any partial payment without prejudice to, and without waiver of, the City’s right to recover the balance of all amounts then due or thereafter accruing, and to pursue any and all remedies available under this Lease and applicable law.

Preservation of Remedies. Without limiting the foregoing, the City’s acceptance of any partial payment shall not: (a) waive or cure any existing Default; (b) waive the City’s right to declare or maintain a Default; (c) waive or limit the City’s right to demand and collect all unpaid Rent and other charges when due; or (d) impair the City’s right to enforce any other provision of this Lease, including the right to serve notices, impose late charges, interest, or Packet Pg. 263 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) other amounts as provided in this Lease, or to pursue any lawful remedy.

Conditional Application. Any partial payment accepted by the City may be applied by the City, in the City’s sole discretion, to any outstanding Rent or other amounts due under this Lease and shall not be deemed acceptance of any proposed payment allocation or restriction by Lessee. Any attempted conditional tender by Lessee is rejected in advance; any such payment accepted by the City shall be accepted under protest and without agreeing to any condition.

33. 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.

34. CALIFORNIA LAW. This Agreement 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 Agreement shall be governed by California law, and any action brought by either party to enforce any of the terms of this Agreement shall be filed in the Shasta County Superior Court.

35. TIME OF ESSENCE. Time is of the essence of this Agreement and of each and every provision therein.

36. ENTIRE AGREEMENT. This Agreement, which includes all exhibits attached hereto and incorporated by reference herein, contains all the representations and the entire understanding and agreement between the parties pertaining to the use of the Premises or any other matters connected therewith. All correspondence, memoranda, or oral or written agreements pertaining to the Premises or the parties hereto, which originated before the date of this Agreement are null, void and no longer in force and with no effect, and are replaced in total with this Agreement unless otherwise expressly stated in this Agreement.

37. MODIFICATION OF LEASE. This Agreement shall not be altered, amended, or modified except by a writing signed by City and Lessee.

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

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

Packet Pg. 264 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC)

40. DATE OF AGREEMENT. The date of this Agreement shall be the date it is signed by the City.

Packet Pg. 265 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) IN WITNESS THEREOF, City and Lessee have executed this Agreement on the days and year set forth below.

CITY OF REDDING
Dated: _________________ , 2026 ____________________________________ By: Mike Littau, Mayor
Attest: Approved as to Form:

Christian Curtis
City Attorney
______________________________ ____________________________________ SHARLENE TIPTON, City Clerk By:

Shasta Hangar, LLC.

Dated: __________________ , 2026 ______________________________________ By: Casey Ross, Manager
Attachments – Exhibit A, Property Description
Exhibit B, Legal Description
Packet Pg. 266 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 267
Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 268 Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 269
Attachment: Shasta Hangar, LLC Lease Agreement - unsigned (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 270
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 271
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 272
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 273
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 274
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 275
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 276
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 277
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 278
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 279
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 280
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 281
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 282
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 283
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 284
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 285
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 286
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 287
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 288
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 289
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 290
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 291
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 292
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 293
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 294
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 295
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 296
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 297
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 298
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 299
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 300
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 301
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 302
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC) Packet Pg. 303
Attachment: Air Shasta C-3873 (to be terminated upon execution of new lease) (4.6(c)--Approve Lease Agreement with Shasta Hangar, LLC)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following:
(1) Adopt Resolution ratifying the application for, and authorizing, the acceptance of funding from the California Highway Patrol’s Cannabis Tax Fund Grant Program, if awarded, in the amount of $480,115;
(2) Authorize the City Manager, or designee, to execute said contract and any associated amendments; and
(3) Authorize the City Manager to administratively appropriate the grant funds.

Fiscal Impact
This Cannabis Tax Fund Grant Program does not require matching funds. There is no negative fiscal impact in accepting this grant.

Alternative Action
The City Council could choose not to adopt the resolution to ratify the grant application. RPD would lose the opportunity to focus additional efforts toward DUI enforcement.

Background/Analysis
On February 23, 2026, RPD submitted a grant application for the Cannabis Grant Operations through the California Highway Patrol in the amount of $480,115. The grant period is from July 1, 2026, through June 30, 2027. The application is requesting funding for overtime for DUI enforcement operations, two fully outfitted patrol vehicles, media campaigns, educational materials and presentations.

MEETING DATE: March 17, 2026
ITEM NO. 4.9(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.9(a)--Resolution Ratifying and Authorizing a Grant from the California Highway Patrol's Cannabis Tax Fund Grant Program
Brian Barner, Chief of Police
Packet Pg. 304
Report to Redding City Council March 12, 2026
Re: 4.9(a)--Resolution re Grant from CHP Page 2
If awarded, the grant will assist RPD with targeted enforcement to combat the issue of DUIs and to keep the roads safe. The application also requests funds to purchase two patrol vehicles that will be used during DUI enforcement operations. The application also includes a request for funding for educational materials and for advertising on social media and radio, as well as funds for educational presentations at the high schools.

Environmental Review
Ratifying the grant application is not a project as defined by the California Environmental Quality Act, therefore, no further action is required at this time.

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.” Attachments
Resolution
Packet Pg. 305
RESOLUTION NO. 2026-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING

APPROVING THE APPLICATION FOR CANNABIS TAX FUND GRANT

PROGRAM GRANT FUNDS
WHEREAS, the California Highway Patrol has been delegated the responsibility by the Legislature of the State of California for the administration of the Cannabis Tax Fund Grant Program, setting up necessary procedures governing the application; and WHEREAS, said procedures established by the California Highway Patrol require the Applicant to certify by resolution the approval of the application to the State; and WHEREAS, successful Applicants will enter into an agreement with the California Highway Patrol to complete the Grant Scope;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:

APPROVES THE FILING OF AN APPLICATION FOR THE CANNABIS TAX GRANT IN THE AMOUNT OF $480,115; AND

1. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project if the grant is awarded; and

2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds to operate and maintain the project, and

3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the program regulations; and

4. Delegates the authority to the City Manager, or his designee, to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and

5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted by the City Council of the City of Redding at a regular meeting held on the 17th day of March, 2026, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
__________________________________
MIKE LITTAU, Mayor
ATTEST: FORM APPROVED:
______________________________ ___________________________________ SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney Packet Pg. 306 Attachment: Resolution (4.9(a)--Resolution re Grant from CHP)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve and authorize the following relative to the purchase of a Vac-Con vacuum excavator for the maintenance of the City of Redding Water Distribution system:
(1) Authorize the purchase of a vacuum excavator using Sourcewell contract pricing, with a net delivered cost of $650,713.30, including all applicable taxes and fees; and (2) Authorize the City Manager, or designee, to approve future pricing adjustments, terms, and policy changes as needed up to an additional $30,000 due to inflation and unstable economic conditions for the purchase of the vacuum excavator.

Fiscal Impact
Sufficient funds are available in the Water Utility rolling stock account for the proposed purchase of the Vac-Con vacuum excavator totaling $650,713.30. This is a planned and budgeted rolling stock replacement.

Alternative Action
The City Council may choose not to authorize the sole source purchase of a Vac-Con vacuum excavator for the maintenance of the City’s Water Distribution system. Without the purchase, the department will continue to operate the 2008 model year Vac-Con vacuum excavator, with much higher maintenance cost and reduced reliability, leading to downtime and less productivity.

MEETING DATE: March 17, 2026
ITEM NO. 4.11(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(a)-- Authorize the Purchase of a Vacuum Excavator for the Water Utility Michael Webb, Public Works
Director/Interim Asst. City
Manager
Packet Pg. 307
Report to Redding City Council March 12, 2026
Re: 4.11(a)--Authorize Purchase of Vac-Con Vacuum Excavator Page 2 Background/Analysis
City Water Distribution staff maintains approximately 554 miles of water main. Water mains vary in size from 1” to 48”. The nature of the maintenance includes the continual excavation and repair of pipes to help prevent leaks and water loss. Staff is requesting the replacement of one vacuum excavator truck. Replacing this truck aligns with the adopted Rolling Stock Plan for the Water Utility. This is a planned rolling stock replacement of the Water Utilities’ 2008 model year Vac-Con vacuum excavator, Fleet No. 2145. This truck has experienced several breakdowns and expensive repairs in recent years and has reached the end of its useful life.

The truck is 18 years old and has been driven 50,158 miles with 5,822 operating hours.

Converting miles to operating hours, this truck has the equivalent of 309,240 hours. During the last three years, $36,954 has been spent in maintenance repairs. Totaling age, mileage-hours, and maintenance cost, this vehicle has a “16” replacement score from Fleet. A replacement score above “15” is required for replacement. Another issue is the lack of availability of replacement parts due to the truck’s age. The last major part Fleet staff replaced was a used part because new parts are no longer obtainable.

This type of equipment is used to repair broken water mains and services along with vacuuming water valves, meter boxes, backflow-prevention vaults, and “potholing” existing underground utilities. Hydro-vacuum excavating is the safest way to uncover buried utilities, excavate around sensitive areas, and dig or trench in places that are difficult to access by large digging equipment.

In addition, underground right-of-ways are typically shared with other utilities. These right-ofway trenches may contain high-pressure PG&E gas facilities, phone, and/or fiber optics that are very costly to repair when damaged. Hydro-vacuum excavating is an efficient and cost-effective method to safely excavate within shared utility right-of-ways, using a water jet and suction. It allows City crews to maintain a safe working area while repairs are made to the water system.

The Water Utility also uses vacuum excavators for site clean-up and storm water pollution prevention during and after water main repairs or service failures.

The equipment is manufactured by Vac-Con and is distributed by Municipal Maintenance Equipment (MME) as the sole-source vendor for the western United States under a Sourcewell competitive bid contract. Currently the Water Utility, Wastewater Utility, and Electric Utility all utilize Vac-Cons distributed by MME. These units are available under a Sourcewell competitively bid contract. Sourcewell develops national competitive solicitations that meet or exceed local standards and offers its members the benefits derived from cooperative purchasing.

Using the Sourcewell cooperative contract to purchase vehicles saves significant staff time needed to prepare bid specifications and solicit individual quotations from vendors. The City also receives a significant price discount due to economics of scale realized through the volume of purchases on a multi-agency cooperative contract.

Environmental Review
This action, the purchase of equipment, is not a project defined by the California Environmental Quality Act. No further action is required.

Council Priority/City Manager Goals
This agenda item is a routine operational item.

Packet Pg. 308
Report to Redding City Council March 12, 2026
Re: 4.11(a)--Authorize Purchase of Vac-Con Vacuum Excavator Page 3 Attachments
City of Redding Water Utility (Kely Miller) Vac-Con VX390LH 800 Sourcewell Cover Letter 2- 25-26 REVISED
Vac-Con 101221-VAC Pricing
Vac-Con, Inc. Contract Extension
Vac-Con Contract 101221
Packet Pg. 309
Packet Pg. 310
Attachment: City of Redding Water Utility (Kely Miller) Vac-Con VX390LH 800 Sourcewell Cover Letter 2-25-26 REVISED (4.11(a)--Authorize Packet Pg. 311
Attachment: City of Redding Water Utility (Kely Miller) Vac-Con VX390LH 800 Sourcewell Cover Letter 2-25-26 REVISED (4.11(a)--Authorize Packet Pg. 312
Attachment: City of Redding Water Utility (Kely Miller) Vac-Con VX390LH 800 Sourcewell Cover Letter 2-25-26 REVISED (4.11(a)--Authorize Vac-Con #101221-VAC
Pricing for contract #101221-VAC offers Sourcewell participating agencies the following discounts:
• Up to 10% discount off list price, depending upon unit and/or accessory • In addition to the discount off MSRP, Sourcewell participating entities can also qualify for a volume discount of 3% off of the base unit discounted price for a single purchase order for four or more units Packet Pg. 313 Attachment: Vac-Con 101221-VAC Pricing (4.11(a)--Authorize Purchase of Vac-Con Vacuum Excavator) Rev. 7/2022 1

CONTRACT EXTENSION
Contract Number:

Sourcewell and
202 12th Street Northeast
P.O. Box 219
Staples, MN 56479
(Sourcewell) (Vendor)
have entered into Contract Number: 110719-
for the procurement of:

The Contract has an expiration date of Decemb r, but the parties may extend the Contract by mutual consent.

Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor, Sourcewell and Members. Vendor and Sourcewell agree to extend the Contract listed above for an additional period, with a new Contract expiration date of Dece mber , . All other terms and conditions of the Contract remain in full force and effect.

Sourcewell
________________________________
Authorized Signature
________________________________
Name
________________________________
Title
________________________________
Date
________________________________
Authorized Signature
________________________________
Name
________________________________
Title
________________________________
Date
Packet Pg. 314 Attachment: Vac-Con, Inc. Contract Extension (4.11(a)--Authorize Purchase of Vac-Con Vacuum Excavator) 101221-VAC
Rev. 3/2021 1
Solicitation Number: RFP #101221

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Vac-Con, Inc., 969 Hall Park Road, Green Cove Springs, FL 32043 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 29, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 












Packet Pg. 315 Attachment: Vac-Con Contract 101221 (4.11(a)--Authorize Purchase of Vac-Con Vacuum Excavator) 101221-VAC
Rev. 3/2021 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 












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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 












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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 












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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:














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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 












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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.













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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 












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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.













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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 












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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 












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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 












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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 












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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 












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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 












Packet Pg. 329 Attachment: Vac-Con Contract 101221 (4.11(a)--Authorize Purchase of Vac-Con Vacuum Excavator) 101221-VAC
Rev. 3/2021 16
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 












Packet Pg. 330 Attachment: Vac-Con Contract 101221 (4.11(a)--Authorize Purchase of Vac-Con Vacuum Excavator) 101221-VAC
Rev. 3/2021 17
and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. 












Packet Pg. 331 Attachment: Vac-Con Contract 101221 (4.11(a)--Authorize Purchase of Vac-Con Vacuum Excavator) 101221-VAC
Rev. 3/2021 18
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Vac-Con, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz M.J. DuBois, President, DuCo, LLC
Title: Chief Procurement Officer Title: Authorized Contract Administrator Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________



















 













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Bid Number: RFP 101221 Vendor Name: DuCo, LLC













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Bid Number: RFP 101221 Vendor Name: DuCo, LLC













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Bid Number: RFP 101221 Vendor Name: DuCo, LLC













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Bid Number: RFP 101221 Vendor Name: DuCo, LLC













Packet Pg. 342 Attachment: Vac-Con Contract 101221 (4.11(a)--Authorize Purchase of Vac-Con Vacuum Excavator) 
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Bid Number: RFP 101221 Vendor Name: DuCo, LLC













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7KH%LGGHUDFNQRZOHGJHVDQGDJUHHVWKDWWKHDGGHQGXPDGGHQGDEHORZIRUPSDUWRIWKH%LG'RFXPHQW Bid Number: RFP 101221 Vendor Name: DuCo, LLC













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Bid Number: RFP 101221 Vendor Name: DuCo, LLC













Packet Pg. 350 Attachment: Vac-Con Contract 101221 (4.11(a)--Authorize Purchase of Vac-Con Vacuum Excavator)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions relative to Bid Schedule No. 5642, Stillwater Outfall Building – Phase II for the City of Redding Stillwater Wastewater Treatment Plant:
(1) Award the project to the lowest bidder, Converse Construction Inc., in the amount of $243,041;
(2) Approve an additional $79,000 to cover the cost of administration and inspection fees; (3) Approve $91,000 for project development costs;
(4) Approve $35,000 to provide construction contingency funding; (5) Authorize the City Manager, or designee, to approve additional increases in either the construction management or construction contingency amounts up to a total of $10,000; and
(6) Find that the project is categorically exempt from environmental review under the California Environmental Quality Act, pursuant to Section 15301-Existing Facilities and Section 15303-New Construction or Conversion of Existing Structures.

Fiscal Impact
Stillwater Outfall Building – Phase II (Project) is fully funded by the Wastewater Utility. The project was included in the approved Budget for Fiscal Year 25-26.

Cost Summary
Item Estimated
Project Development Costs $91,000
Construction Contract + Contingency $278,041
Contract Administration, Inspection, Testing $79,000
Additional City Manager Authority $10,000
Total Project Costs $458,041
Project Budget $475,000
MEETING DATE: March 17, 2026
ITEM NO. 4.11(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(b)--Award Bid Schedule No. 5642 Stillwater Outfall Building - Phase II Michael Webb, Public Works
Director/Interim Asst. City
Manager
Packet Pg. 351
Report to Redding City Council March 12, 2026
Re: 4.11(b)--Award Bid Schedule No. 5642 Stillwater Outfall Page 2 Project cost components are estimates and allowable shifting of the project development, construction, construction management, and construction contingency funds may be necessary to balance the project within the approved budget.

Alternative Action
The City Council (Council) may choose not to award the bid for the project and provide staff with alternate direction. If the project is not awarded, the wastewater treatment plant outfall building will continue to use the existing undersized electrical system. The existing system will continue to prohibit the necessary electrical load for the dechlorination process, analytical equipment, and security measures for the site. In addition, staff will need to continue to provide augmented power via a portable electrical generator.

Background/Analysis
Attached is a project tabulation of bids received and opened on February 12, 2026. The low bid in the amount of $243,041 was received from Converse Construction, Inc. of Redding, California. The engineer’s estimate was $255,000. Total project development costs for this project are estimated to be $91,000. Project development costs include engineering, surveying, right-of-way, environmental, and consultant services.

The project includes modifications to the Stillwater Wastewater Treatment Plant to provide electrical power to the existing outfall building via a new electric service. The modifications include disconnecting existing feeder conductors, as well as providing and installing new service entrance equipment, a 50-kW backup propane generator, automatic transfer switch, conduit, conductors, and other miscellaneous electrical improvements. In addition, site improvements including a new propane tank, chain link fencing, and light poles will be installed.

Environmental Review
Staff has determined that the project qualifies as categorically exempt from environmental review under California Environmental Quality Act Guidelines Section 15301-Existing Facilities and Section 15303-New Construction or Conversion of Existing Structures. Class 1 exemptions include the minor alteration of existing public and private facilities, equipment, and topographical features. Class 3 exemptions consist of construction, conversion, and location of new small facilities, structures, and equipment. The facility modification and improvements will enhance reliable service for public health and safety, and will not result in expansion of use.

The action area has been reviewed and does not have significant values for wildlife habitat or other environmental resources. The project has no potential to have a significant effect on the environment.

Council Priority/City Manager Goals
This agenda item is a routine operational item.

Attachments
Bid Tabulation
Location Map
Notice of Exemption
Packet Pg. 352
BID TABULATION FOR:

STILLWATER OUTFALL BUILDING PHASE II
ENGINEER'S EST Converse Construction, Inc
2/12/2026 UNIT UNIT UNIT UNIT

ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Water Pollution Control LS 1 $3,000.00 $3,000.00 $1,600.00 $1,600.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 2 Modifications LS 1 $7,500.00 $7,500.00 $6,611.00 $6,611.00 $18,000.00 $18,000.00 $18,223.00 $18,223.00 3 Generator LS 1 $72,500.00 $72,500.00 $76,034.00 $76,034.00 $93,500.00 $93,500.00 $80,000.00 $80,000.00 4 Meter/Main, and Mini- LS 1 $41,000.00 $41,000.00 $42,739.00 $42,739.00 $41,000.00 $41,000.00 $28,000.00 $28,000.00 5 Pole Lights LS 1 $15,000.00 $15,000.00 $24,757.00 $24,757.00 $22,000.00 $22,000.00 $28,000.00 $28,000.00 6 Conduit/Conductors LS 1 $74,500.00 $74,500.00 $42,424.00 $42,424.00 $35,000.00 $35,000.00 $107,160.00 $107,160.00 7 Propane Tank LS 1 $27,000.00 $27,000.00 $29,094.00 $29,094.00 $46,000.00 $46,000.00 $20,000.00 $20,000.00 8 Fencing and Gate LF 126 $115.00 $14,490.00 $157.00 $19,782.00 $95.00 $11,970.00 $80.00 $10,080.00 TOTAL - CONTRACT ITEMS $254,990.00 $243,041.00 $268,970.00 $292,963.00

AVERAGE
UNIT

ITEM DESCRIPTION UNIT QTY PRICE
1 Water Pollution Control LS 1 $1,533.33
2 Demolition and MCC
Modifications LS 1 $14,278.00
3 Generator LS 1 $83,178.00
4 Automatic Transfer Switch,
Meter/Main, and MiniPower Center LS 1 $37,246.33
5 Pole Lights LS 1 $24,919.00
6 Conduit/Conductors LS 1 $61,528.00
7 Propane Tank LS 1 $31,698.00
8 Fencing and Gate LF 126 $110.67
Average Bid
TOTAL - CONTRACT ITEMS $268,324.67
Bid Schedule No.: 5642
SnL Group, Inc Costal Mountain Electric