1 City of South Lake Tahoe
City Council
Meeting Agenda
Tuesday, June 07, 2022 at 9:00 AM
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe City Council
Devin Middlebrook, Mayor
Cristi Creegan, Mayor Pro Tem
Cody Bass, Councilmember
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Mission of the City Council
The City Council exists to represent the public
interest, to oversee the City's operations and to
plan for the City's future.
Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, and via ZOOM at this link https://us06web.zoom.us/j/85221370887 A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City’s Website at www.cityofslt.us, or by contacting the City Clerk’s Office, (530) 542-6005 or [email protected] Providing Public Comment:
In Person: Every agenda for regular meetings provides an opportunity for members of the public to directly address the legislative body (City Council), on any item of public interest which is within the jurisdiction of the City Council during Public Communications. For items on the agenda or in connection with any item which the City Council will consider, the public is given the opportunity to comment before or during the City Council's consideration of the item [Government Code Section 54954.3(a)].
By Phone: If you are joining the meeting via ZOOM and would like to make a comment, press the “raise a hand” button.
If you are joining the meeting via Channel 21 or live stream and would like to make a comment, please call (530) 542-6500. The meeting ID is ID: 852 2137 0887 press *9 to indicate a desire to make a comment. Press *6 to unmute your phone. The Clerk will call you by the last three digits of your phone number when it is your turn to speak.
In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City Council prior to the meeting. Written public comment regarding any item on this agenda may be sent to [email protected].
When emailing comments, identify the agenda item number in the subject line to which your comments relate. Any such comment that is a public record and is emailed to [email protected] or otherwise provided to a majority of the City Council before the meeting will be made available for public inspection during normal business 1 2
hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.
The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting. Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].
Spanish Interpretations: The public may access Spanish interpretation using the ZOOM link listed on the front of the Agenda from an internet device (smartphone, laptop, tablet, home computer) with audio capabilities and selecting the Spanish language option. Persons without an internet device may attend the meeting in-person and a device will be provided while supplies last. Requests for interpreter services to offer public comment may be made by contacting the City Clerk.
Call to Order/Pledge of Allegiance
Roll Call
Closed Session Report
City Employee Recognition
1. City Employee Recognitions
Requested Action / Suggested Motions: Two employees will be recognized for reaching 20 Years-Service, one employee will be recognized for reaching 10 Years-Service and one employee will be recognized for reaching 5 Years-Service.
Responsible Staff Member: Various
Item 1 - Executive Summary.pdf
01-Staff Report Employee Service 06 07 2022.pdf
Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or questions posed. (Government Code Sections 54954.2)
Proclamations
2. Proclamation - Recognizing June 2022 as "Pride Month" Requested Action / Suggested Motions: Issue a Proclamation recognizing June 2022, as "Pride Month".
Responsible Staff Member: Susan Blankenship, City Clerk Item 2 -Executive Summary.pdf
Proclamation - June 2022 Pride Month.docx
3. Proclamation - Recognizing June 16-19 as "El Dorado County Fair Week" Requested Action / Suggested Motions: Issue a Proclamation recognizing June 16-19 as "El Dorado County Fair Week".
Responsible Staff Member: Susan Blankenship, City Clerk 2 3
Item 3 - Executive Summary.pdf
Proclamation June 16-19 El Dorado County Fair Week
City Commission and Student Advisory Reports
Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda. Comments shall be limited to three (3) minutes.
The consent agenda consists of items of a repeating or routine nature considered under a single action. Any Councilmember may have an item on the consent agenda removed and considered separately upon request.
Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item.
4. City Council Meeting Minutes
Requested Action / Suggested Motions: Pass a Motion approving the May 17, 2022, Regular City Council meeting minutes.
Responsible Staff Member: Susan Blankenship, City Clerk Item 4 - Executive Summary.pdf
05 17 2022 Minutes.pdf
5. Agreement with First Church of Christ for Shared Parking Lot Use for Fire Station 3 Requested Action / Suggested Motions: Pass a Motion authorizing and directing the City Manager to execute an agreement with the First Church of Christ for shared use and maintenance of the church parking lot for Fire Station 3.
Responsible Staff Member: Jim Drennan, Interim Fire Chief Item 5 - Executive Summary.pdf
01-Staff Report - Fire Station 3 Shared Parking Lot Agreement.docx 02-First Church of Christ Shared Parking Lot Agreement
6. Appropriation of Grant Funds for Pioneer Trail Pedestrian Improvement Project Phase II Requested Action / Suggested Motions: Pass a Resolution Authorizing Acceptance and Appropriation of Congestion Mitigation and Air Quality Grant in the Amount of $300,000 and Highway Infrastructure Program Grant in the Amount of $111,000, and Authorizing Appropriation of Grant Match Funding from the General Fund Grant Match Set Aside in the Amount of $53,250 into the Pioneer Trail Pedestrian Improvement Project Phase II Account; Authorizing the Director of Public Works to submit an Active Transportation Grant, and Committing to Local Matching Funds in the amount of $194,341.
Responsible Staff Member: Randy Carlson, Associate Civil Engineer Item 6 - Executive Summary.pdf
01-Staff Report - Pioneer Trail Pedestrian Improvement.docx 02-Resolution - Pioneer Trail Pedestrian Improvement.docx 03-Program Supplement Pioneer Trail
7. Professional Services Agreement with Cardno Inc. for Preliminary Planning Studies for the Dennis Machida Memorial Trail Phase 1C
Requested Action / Suggested Motions: 1) Pass a Resolution authorizing appropriation of $56,037 from the remaining American Rescue Plan Act (ARPA) Funds from the General Fund for Engineering and Design Services for the Dennis Machida Memorial Trail Phase 1C Alignment Analysis; and 2) Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with Cardno Inc., for an amount not to exceed $243,845 for preliminary studies 3 4
relating to alignment and environmental documents for the Dennis Machida Memorial Trail Phase 1C.
Responsible Staff Member: Jim Marino, Capital Improvement Program and Facilities Program Manager
Item 7 - Executive Summary.pdf
01-Staff Report - Dennis Machida Trail Phase 1C.docx
02-PSA Cardno Inc. Dennis Machida Memorial Trail Phase 1C 03-Resolution - Budget Appropriation SLFRF.docx
8. Two (2) Year Extension with Eide Bailly, LLP for Independent Audit Services for Fiscal Year 2021-2022 and 2022-2023
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a two (2) year extension on the agreement with Eide Bailly (formerly Vavrinek, Trine, Day and Co. (VTD)) for Independent Audit Services for Fiscal Year 2021-2022 and 2022-2023 in amounts not to exceed $81,000 and $83,430 respectively.
Responsible Staff Member: Olga Tikhomirova, Director of Finance Item 8 - Executive Summary.pdf
01-Staff Report-Audit Services Extension.docx
02-C-069-2018-Vavrinek, Trine, Day and Company LLP.pdf
03-Letter Extending Eide Bailly Agreement.pdf
9. Purchase of a Vehicle for the Streets Division
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the City Manager to execute a purchase order for one Chevrolet Silverado from the National Auto Fleet Group via Cooperative Purchasing Contract in an amount of $51,243.44 for use in the Streets Division.
Responsible Staff Members: Anush Nejad, Director of Public Work and Phil Harwood, Fleet Supervisor
Item 9 - Executive Summary.pdf
01-Staff_Report_Street_Vehicle_Purchase_F2.docx
02 - Chevy_Quote.pdf
03 - EV_Checklist.pdf
04- Cooperative Purchase Contract
10. Grant Amendment Application for the Upper Bijou Park Creek Restoration Project Requested Action / Suggested Motions: Pass a Resolution authorizing submittal of a grant amendment application for Lake Tahoe Restoration Act funding from the U.S. Forest Service and appropriation of $120,000 in matching funds from the General Fund Undesignated Excess Reserves and $1,000,000 in grant funds for implementation of stormwater and watershed improvements within the Upper Bijou Park Creek Watershed.
Responsible Staff Member: Jason Burke, Complete Streets Program Manager and Faye-Marie Pekar, Engineering Technician
Item 10 - Executive Summary.pdf
01-Staff Report-LTRA Grant Bijou Park Creek Restoration Project.docx 02-Project Location Map
03-Resolution - LTRA Grant Amendment.docx
11. Delegation of Authority of City Traffic Engineer to the Director of Public Works or Designee Requested Action / Suggested Motions: Pass a Resolution delegating authority of City Traffic Engineer to the Director of Public Works or designee.
Responsible Staff Members: Anush Nejad, Director of Public Works 4 5
Item 11 - Executive Summary.pdf
01-Staff Report - Delegation of Authority City Traffic Engineer.docx 02-Resolution- Delegating Authority of City Traffic Engineer.docx 03-Reso. No. 2019-087 Wood Rogers City Engineer.pdf
12. Senate Bill 1 Road Maintenance and Rehabilitation Account Project List for FY22/23 Requested Action / Suggested Motions: Pass a Resolution adopting a List of Projects for the Fiscal Year 2022-23 Funded by SB 1: The Road Repair and Accountability Act of 2017.
Responsible Staff Member: Randy Carlson, Associate Civil Engineer Item 12 - Executive Summary.pdf
01-Staff Report-RMRA Project List.docx
02-Resolution - SB1 Road Maintenance and Rehabilitation.docx 03-Attachment A - RMRA Estimate
04-Attachment B-Project Location Map
13. Final Subdivision Map Approval for 906 Emerald Bay Road Residential Project Requested Action / Suggested Motions: Pass a Resolution approving Final Subdivision Map for the 906 Emerald Bay Road Residential Project.
Responsible Staff Member: Faye-Marie Pekar, Engineering Technician Item 13 - Executive Summary.pdf
01-Staff Report - Final Subdivision Map 906 Emerald Bay Rd.docx 02-Location Map.pdf
03-Resolution-Approving Final Subdivision Map 906 Emerald Bay Rd.docx 04 -Resolution 2021-024 - 906 Emerald Bay Rd Tentative Map Approval
14. American Rescue Plan Act Appropriation for Ski Run Park ADA Parking and Access Upgrades Requested Action / Suggested Motions: Pass a Resolution appropriating ARPA funds in the amount of $150,000 for civil design and construction of ADA parking and access upgrades along frontage of future Ski Run Park.
Responsible Staff Member: Faye-Marie Pekar, Engineering Technician Item 14 - Executive Summary.pdf
01-Staff_Report_-_Ski_Run_Park_ADA_Compliance.docx
02-Resolution - Ski Run Park ADA Appropriation.docx
15. Permanent Local Housing Allocation (PLHA) Grant Loan Agreement and Budget Appropriation for the Sugar Pine Village Affordable Housing Project
Requested Action / Suggested Motions: 1) Pass a Resolution appropriating $5,000,000 of PLHA funds into the City budget for use in developing the Sugar Pine Village Affordable Housing Project; and
2) Pass a Motion authorizing and directing the City Manager to execute a loan agreement, promissory note, deed of trust and regulatory agreement with Sugar Pine Housing Partners, L.P. to loan $4,750,000 of PLHA funds for use in the construction of Phase 1A of the Sugar Pine Village Affordable Housing Project, all in substantially the form attached hereto including any changes required to comply with the PLHA grant agreement, and to be approved as to form by the City Attorney.
Responsible Staff Member: Zach Thomas, Housing Manager, Housing Manager Item 15 - Executive Summary.pdf
01-Staff Report - Sugar Pine Village Loan Agreement.docx 02-Resolution-Budget Appropriation Sugar Pine Village Loan Agreement.docx 03_Sugar Pine PLHA Loan Agreement.docx
5 6
04-Sugar Pine Village Promissory Note Agreement.docx
05-Sugar Pine Village Deed of Trust.docx
06_City Regulatory Agreement_Sugar Pine Village PLHA Loan.docx 07 - Reso. No. 2021-071 PHLA Grant Application.pdf
16. Amendment to Predevelopment Loan Agreement for the Sugar Pine Village Affordable Housing Project
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute the Amendment to the Predevelopment Loan Agreement for the Sugar Pine Village Affordable Housing Project to make minor changes for consistency with terms and requirements of other lenders.
Responsible Staff Member: Jessica Wackenhut, Associate Housing Planner and Zachary Thomas, Housing Manager
Item 16 - Executive Summary.pdf
01-Staff_Report_RDA_Loan_Amendment__final__1_.docx
02-Agreement Amendment Sugar Pine Housing LLC.doc
03-C-120-2021 Sugar Pine Housing LLC
17. Revised Resolution for the Grant Application to the State Department of Parks and Recreation Rural Recreation and Tourism Program Towards Construction of the City of South Lake Tahoe Recreation and Aquatics Center
Requested Action / Suggested Motions: Pass a Revised Resolution approving the grant application to the State Department of Parks and Recreation Rural Recreation and Tourism Program for $3,000,000 towards construction of the City of South Lake Tahoe Recreation and Aquatics Center.
Responsible Staff Member: Lori Marino, Principal Management Analyst Item 17 - Executive Summary.pdf
01-Staff Report - Revised Resolution Recreation Center Grant Funds.docx 02-Resolution - Revised Resolution Recreation Center Grant Funds.docx 03- Original Resolution 2021-047 RRT.pdf
18. Tahoe Resource Conservation District, Tahoe Network of Fire Adapted Communities Sub-Recipient Grant Application
Requested Action / Suggested Motions: Pass a Resolution authorizing submittal of a sub-recipient grant application to the Tahoe Recourse Conservation District in the amount of $101,693.58 for the hiring of three part-time/grant funded, Defensible Space Inspectors for a term of seven months.
Responsible Staff Member: Jay Manning, Battalion Chief and Lori Marino, Principal Management Analyst
Item 18 - Executive Summary.pdf
01-Staff Report TRCD Defensible Space Inspector Funding.docx 02-Resolution TRCD Defensible Space Inspector Funding.docx
19. Acceptance of Grant Award from CalRecycle for SB 1383 Local Assistance Grant Program Requested Action / Suggested Motions: Pass a Resolution accepting a grant award in the amount of $34,005 from CalRecycle's SB 1383 Local Assistance Grant Program to be used towards sustainability education, outreach and related personnel costs.
Responsible Staff Member: Sara Letton, Sustainability Coordinator Item 19 - Executive Summary.pdf
01-Staff Report CalRecycle Grant Acceptance.docx
02-Resolution CalRecycle Grant Final Acceptance.docx
6 7
Regular-Unfinished Business
20. Sugar Pine Village Building Permit Fee Reduction
Requested Action / Suggested Motions: Pass a Resolution approving a 20 percent reduction in building permit fees for the Sugar Pine Village affordable housing project.
Responsible Staff Member: Hilary Roverud, Director of Development Services Item 20 - Executive Summary.pdf
01-Staff Report - Sugar Pine Village Fee Reduction.docx 02-Resolution - Sugar Pine Village Fee Reduction.docx
Regular-New Business
21. Discussion of Single-Use Plastics Regulations
Requested Action / Suggested Motions: Receive report and provide direction to staff on potential actions.
Responsible Staff Member: Heather Stroud, City Attorney Item 21 - Executive Summary.pdf
01 - Staff Report on Single Use Plastics.docx
02 - Letter from League to Save Lake Tahoe.pdf
03 - Single-Use Plastics Presentation.pptx
22. Feasibility Study for Community Choice Aggregation
Requested Action / Suggested Motions: Pass a Motion authorizing staff to begin the Request for Proposals (RFP) process for a Community Choice Aggregation Study.
Responsible Staff Member: Sara Letton, Sustainability Coordinator Item 22 - Executive Summary.pdf
01 - Staff Report Planning RFP for CCA Feasibility v2.docx
23. Request from Ski Run Park, LLC, for Banked Land Coverage from the City to be Transferred to 1195 Ski Run Boulevard at No Cost
Requested Action / Suggested Motions: Pass a Resolution approving a request from Ski Run Park, LLC, for the transfer and distribution of 1,115 square feet of banked land coverage from the City to 1195 Ski Run Boulevard at no cost, for the purpose of community park construction.
Responsible Staff Member: Madison Dederick, Assistant Planner Item 23 - Executive Summary.pdf
01-Staff Report-Ski Run Park Land Coverage Request.docx 02-Resolution-Ski Run Park Land Coverage Request.docx
03 - Coverage Request.pdf
24. Appropriation of Funding for Mold Remediation and Asbestos Abatement at 1700 D Street Requested Action / Suggested Motions: Pass a Resolution appropriating $49,000 from General Fund Undesignated Excess Reserve for mold remediation and asbestos abatement at 1700 D Street.
Responsible Staff Members: Rebecca Penado, Risk Manager, Hilary Roverud, Development Services Director and Travis Shindelbower, Facilities Maintenance Manager Item 24 - Executive Summary.pdf
01-Staff_Report_-_Mold_and_Asbestos_Abatement_1700_D_Street.docx 02 - Mold Report.pdf
03 - Agreement with Emergency Restoration & Cleaning.pdf 7 8
04 - Resolution Appropriating Funds for Mold and Asbestos Remediation.docx
25. Professional Services Agreement with Sosu.TV for Broadcasting, Media, and Video Production Services
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with Sosu.TV for a 2-year agreement not to exceed $177,000, with the option to renew for one (1), two (2) year term for broadcasting, media, and video production services.
Responsible Staff Member: Lindsey Baker, Assistant to the City Manager/Public Information Officer Item 25 - Executive Summary.pdf
01-Staff Report - PSA Sosu TV.docx
02- Video_Production_RFP.pdf
04 - Agreement with Sosu.tv.pdf
03 - Sosu.tv_RFP_Proposal.pdf
26. Memorandum of Understanding with California Tahoe Conservancy to Exchange Development Rights and Land Coverage
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Memorandum of Understanding (MOU) with the California Tahoe Conservancy and authorizing and directing the City Manager to execute any and all documents necessary to transfer and exchange development rights and land coverage consistent with the MOU.
Responsible Staff Member: Hilary Roverud, Director of Development Services Item 26 - Executive Summary.pdf
01-Staff Report - CTC Exchange of Development Rights.docx 02-MOU California Tahoe Conservancy - Exchange of Development Rights.docx
27. Installation of a Painted Crosswalk in the City of South Lake Tahoe to Celebrate Pride Month Requested Action / Suggested Motions: Receive report and provide direction to the City Manager on whether to install a painted crosswalk, and if so, the location and design.
Responsible Staff Member: Joe Irvin, City Manager and Anush Nejad, Director of Public Works Item 27 - Executive Summary.pdf
01-Staff Report - Crosswalk Art.docx
02 - Attachment A - Painted Crosswalk Options (presentation)
28. Two State Excess Sites Local Government Matching Grants (LGMG) Program Applications for Phases 1A and 2A of the Sugar Pine Village Affordable Housing Project Requested Action / Suggested Motions: 1) Pass a Resolution authorizing the joint application with The Related Companies of California, LLC for the Local Government Matching Grants (LGMG) program for Sugar Pine Village Phase 2A in the amount of $5,943,000; 2) Pass a Resolution supporting the application of The Related Companies of California, LLC and St. Joseph Community Land Trust for $4,000,000 of LGMG program funding and approving the budget for Phase 1A; and 3) Pass a Resolution supporting the application of The Related Companies of California, LLC for $5,943,000 of LGMG program funding and approving the budget for Phase 2A.
Responsible Staff Member: Jessica Wackenhut, Associate Housing Planner and Zach Thomas, Housing Manager
Item 28 - Executive Summary.pdf
01-Staff Report - Sugar Pine Village Matching Grants Program.docx 02-Resolution-Sugar Pine Village LGMG Joint Application.docx 03-Resolution-Sugar Pine Village Matching Grants (Phase 1A).pdf 8 9
04-Resolution-Sugar Pine Village Matching Grants (Phase 2A).pdf
29. Travel Authorization – League Annual Conference, Long Beach, CA, Climate Solutions Summit, Breckenridge, CO and Mountain and Resort Town Planners Summit, Aspen, CO Requested Action / Suggested Motions: Pass a Motion identifying Council Members and authorizing travel and associated expenses to attend the League Annual Conference (September 7-9) and selecting a Voting Delegate, Climate Solutions Summit, Breckenridge, CO (September 20-22) and Mountain and Resort Town Planners Summit, Aspen, CO (October 12-16, 2022) Responsible Staff Member: Susan Blankenship, City Clerk Item 29 - Executive Summary.pdf
01-Staff Report - Travel Authorization.docx
02-Climate Solutions Summit.pdf
03-Mountain and Resort Town Planner Summit.pdf
04-League - 2022 Voting Delegate Packet.pdf
Agenda Planning Calendar
30. Agenda Planning Calendar
Requested Action / Suggested Motions: A Councilmember may request that an item be placed on a future agenda. Upon the support of one (1) additional Council Member, direction shall be given to the City Manager to calendar the item for a convenient future agenda, but no sooner than the second meeting after the request was made, and/or modify the Agenda Planning Calendar as desired.
Responsible Staff Member: Joseph Irvin, City Manager
Item 30 - Executive Summary.pdf
APC - 06 02 2022.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday June 7, 2022 meeting of the City of South Lake Tahoe City Council was posted and available for review on Thursday, June 2, 2022 at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City website at https://www.cityofslt.us.
Signed June 2, 2022
\\sb\\
Susan Blankenship, Elected City Clerk
9 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 7, 2022
Agenda Item #: 1
Agenda Item: City Employee Recognitions
Executive Summary: New City employees and long-serving City employees who reach the 5, 10, 15, 20, & 25 year service milestone will be recognized at each monthly meeting.
Requested Action / Suggested Motions: Two employees will be recognized for reaching 20 Years-Service, one employee will be recognized for reaching 10 Years-Service and one employee will be recognized for reaching 5 Years-Service.
Responsible Staff Member: Various
Responsible Staff Member: Various Departments
Reviewed and Approved By:
Susan Blankenship, City Clerk
Attachments:
01-Staff Report Employee Service 06 07 2022.pdf
10 1
City of South Lake Tahoe
Report to City Council
Meeting Date: June 7, 2022
Title: City Employee Recognition
Location: Citywide
Responsible Staff Member: Various Department Directors
Background: As part of the City’s Employee Recognition Program, employees who have reached five, ten, fifteen, twenty and twenty-five years of service are recognized for their achievements and contributions to the City.
Service Awards:
Public Works
Dennis Churchill, Facilities Maintenance - 20 Years’ Service Stanley Hill, Engineering - 20 Years’ Service
Brian Belser, Motor Pool - 5 Years’ Service
Finance
Ben Hannah, Finance - 10 Years’ Service
Council Agenda Report June 7, 2022 Page 1 of 1
11 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 7, 2022
Agenda Item #: 2
Agenda Item: Proclamation - Recognizing June 2022 as "Pride Month" Executive Summary: The City of South Lake Tahoe’s Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) community are a vital part of all fields and professions and contribute to a stronger community.
The City of South Lake Tahoe is strengthened by and thrives upon the rich diversity of ethnic, cultural, racial, gender and sexual identities of its residents; all of which contribute to the vibrant character of our City.
Requested Action / Suggested Motions: Issue a Proclamation recognizing June 2022, as "Pride Month".
Responsible Staff Member: Susan Blankenship, City Clerk Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Reviewed and Approved By:
Susan Blankenship, City Clerk
Attachments:
Proclamation - June 2022 Pride Month.docx
12 City of South Lake Tahoe
Proclamation
Recognizing June 2022 as
“Pride Month”
Whereas, the City of South Lake Tahoe is a welcoming community and an exceptional place to live, learn, work, play, and raise a family; and Whereas, the City recognizes the importance of equality and freedom; and Whereas, the nation was founded upon and is guided by a set of principles that includes that every person has been created equal, that each has rights to their life, liberty and pursuit of happiness and that each shall be accorded the full recognition and protection of law; and
Whereas, the City of South Lake Tahoe’s Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) community are a vital part of all fields and professions and contribute to a stronger community; and
Whereas, the City is dedicated to fostering acceptance of all its citizens and preventing discrimination and bullying based on sexual orientation and gender identity; and
Whereas, the City of South Lake Tahoe is strengthened by and thrives upon the rich diversity of ethnic, cultural, racial, gender and sexual identities of its residents; all of which contribute to the vibrant character of our City.
Now, therefore, the City Council of the City of South Lake Tahoe does hereby proclaim and recognize June 2022 as “Pride Month” in the City of South Lake Tahoe and urge citizens to recognize the contributions made by members of the LGBTQ community and LGBTQ Organizations to actively promote the principles of equality and liberty.
________________________ __________________________
Devin Middlebrook, Mayor Susan Blankenship, City Clerk
Date:_____________________
13 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 7, 2022
Agenda Item #: 3
Agenda Item: Proclamation - Recognizing June 16-19 as "El Dorado County Fair Week" Executive Summary: The El Dorado County Fair is a vital part of our community since the first Fair in 1859, offering an opportunity to showcase the myriad talents and industry of our citizens of all ages. “The Magic is Back” event is being held at 100 Placerville Drive, on June 16 through Father’s Day, June 19, 2022.
Requested Action / Suggested Motions: Issue a Proclamation recognizing June 16-19 as "El Dorado County Fair Week".
Responsible Staff Member: Susan Blankenship, City Clerk Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Reviewed and Approved By:
Susan Blankenship, City Clerk
Attachments:
Proclamation June 16-19 El Dorado County Fair Week
14 City of South Lake Tahoe
Proclamation
Recognizing June 16 – 19, 2022 as
“El Dorado County Fair Week”
Whereas, the El Dorado County Fair is a vital part of our community since the first Fair in 1859, offering an opportunity to showcase the myriad talents and industry of our citizens of all ages; and
Whereas, the El Dorado County Fair honors our Agricultural industry which creates an estimated annual crop production of $72.2 million, with apples being our leading crop with $22. million, livestock at $10. million, with the wine grapes coming in as the third leading drop at $9.6 million; and
Whereas, the 2022 theme for the Fair, “The Magic is Back”; and Whereas, the El Dorado County Fair continues to encourage participation and recognition of the diverse accomplishments of the County’s youth through an innovative partnership of the El Dorado County Office of Education, Future Farmers of America, University of California Cooperative Extension and the Fair Association; and Whereas, the El Dorado County Fair enriches the public’s knowledge of the world around them through educational exhibits such as the “Museum,” Master Food Preservers,” the Jr.
Livestock Auction, and Ag related Featured Booths and the many demonstrations given by the Master Gardeners; and
Whereas, the El Dorado County Fair fosters increased cultural awareness and appreciation of the arts by providing a venue for the exhibition of dance, music, art, and photography.
Therefore, The City Council of the City of South Lake Tahoe, do hereby proclaim June 16- 19, 2022, as “El Dorado County Fair Week” and urges all citizens to participate in the many activities offered at this year’s “The Magic is Back” event at 100 Placerville Drive, on June 16 through Father’s Day, June 19. The South Lake Tahoe City Council extends it’s thanks to the many volunteers whose dedication is an essential part of the success of our annual County Fair. The City of South Lake Tahoe extend their best wishes to the Board of Directors and staff for another successful El Dorado County Fair. ________________________ __________________________
Devin Middlebrook, Mayor Susan Blankenship, City Clerk
Date:_____________________
15 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 7, 2022
Agenda Item #: 4
Agenda Item: City Council Meeting Minutes
Executive Summary: City Council is asked to formally approve the May 17, 2022 Regular City Council meeting minutes.
Requested Action / Suggested Motions: Pass a Motion approving the May 17, 2022, Regular City Council meeting minutes.
Responsible Staff Member: Susan Blankenship, City Clerk Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Reviewed and Approved By:
Attachments:
05 17 2022 Minutes.pdf
16 1
City of South Lake Tahoe
City Council and South Tahoe Redevelopment Successor
Agency
Meeting Minutes
Tuesday, May 17, 2022 at 5:30 PM
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe City Council
Devin Middlebrook, Mayor
Cristi Creegan, Mayor Pro Tem
Cody Bass, Councilmember
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Mission of the City Council
The City Council exists to represent the public
interest, to oversee the City's operations and to
plan for the City's future.
NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council members discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us
Call to Order/Pledge of Allegiance
At 5:33 p.m. Mayor Middlebrook called the meeting to order. Middlebrook then led the pledge of allegiance to the flag.
Roll Call
Present were Mayor Middlebrook, Councilmembers Bass, Friedrich and Wallace. Councilmember Creegan was absent.
Also present were City Manager Irvin and City Clerk Blankenship. City Attorney Stroud participated via Zoom.
Public Communications
Public Comment was heard from the following people:
1. Susan Chandler, Democratic Club - access to California news coverage
2. Bruce Fritz – neighbor dispute So. Shore Drive
3. Darlene Fritz – neighbor dispute So. Shore Drive *photo distributed to Council
4. Nick Speal – thank you for increasing access to public meetings *written material distributed
5. Ed Mosur – deterioration of former Event Center location
6. Scott Robbins – housing shortage
Written Comment was received from the following people:
7. Gerald O. Barney – cell towers
8. Evan Bevan – City Clerk
9. Ambrose Bierce – City corruption
10. Rachel Carson – scenic corridor
11. Olivia Clemens – Devin Middlebrook
12. Saundra Edwards – Tamara Wallace* 3 comments received
13. Danny Elfman – Tamara Wallace
17 2
14. Granville Fortescue – scenic corridors
15. Stella Gibbins – Steve Teshara
16. Lionel Hutz – City Attorney
17. Will Irwin – land development
18. Udo Keppler – government corruption
19. Gaius Lucillius – strategic plan
20. Walley Pinniped – Tamara Wallace
21. John Powell – Bijou Park Creek
22. Harper Puck – Devin Middlebrook
23. Jacob Riis – City corruption, Tahoe Chamber * 3 comments received
24. Jaques Rouseau – Chase Janvrin
25. George Shaw – Lou Feldman
26. Vasily Sleptsov - environment
27. Mark Sulllivan - recall
28. Paul Thorpe - overdevelopment
29. Paul Weitz – Tamara Wallace
30. Brent Wisner – City corruption *2 comments received
31. Oscar Cesare- government policy
Proclamations
1. Proclamation Recognizing May 2022 as "Mental Health Awareness Month" Action: Issued a Proclamation to Barton Health, recognizing May 2022 as "Mental Health Awareness Month".
2. Proclamation Recognizing June 2022 as "Lake Tahoe Bike Month" Action: Issued a Proclamation to Lake Tahoe Bicycle Coalition and Tahoe Regional Planning Agency, recognizing June 2022 as "Lake Tahoe Bike Month".
The following people addressed Council:
1. Gavin Feiger, Tahoe Bicycle Coalition
2. Nick Speal, Tahoe Bicycle Coalition
3. Kira Smith, TPRA Representative, Tahoe Bicycle Coalition City Commission Reports
None.
Consent Agenda
Action: Moved/Seconded: Bass/Friedrich
Yes: Bass, Friedrich, Middlebrook and Wallace
Absent: Creegan
Action: Passed Consent Agenda.
3. City Council Meeting Minutes
Action: Passed Motion 2022-050 approving the May 3, 2022, Regular City Council meeting minutes.
4. Investment Portfolio Report - March 31, 2022
Action: Received and filed.
5. Fiscal Year 2021-22 Quarterly Financial Status Report - Quarter Ending March 2022 Action: Received and filed.
6. Authorizing Investment of Monies in the Local Agency Investment Fund Action: Passed Resolution 2022-056 Authorizing Investment of Monies in the Local Agency Investment Fund (LAIF).
18 3
7. American Rescue Plan Act of 2021 (ARPA) Funding Appropriations Action: Passed Resolution 2022-057 authorizing a transfer of the remaining American Rescue Plan Act (ARPA) funding to the General Fund under the statutory category C, Revenue Loss for the provision of government services.
8. Reimbursement Agreement with South Tahoe Public Utility District (STPUD) and Appropriation of American Rescue Plan Act (ARPA) Funds
Action: 1) Passed Resolution 2022-058 appropriating ARPA funds in the amount of $300,000 for fire hydrant Installation; and 2) Passed Motion 2022-051 authorizing and directing the Mayor to execute Reimbursement Agreement C-074-2022 with STPUD for implementation of the project.
9. Correction to TRPA Mitigation Funding Source for the Tahoe Valley Stormwater and Greenbelt Improvement Project
Action: Passed Resolution 2022-059 accepting and appropriating TRPA Mitigation Funds for the Tahoe Valley Stormwater and Greenbelt Improvement Project by changing the funding source from $425,000 in Air Quality Mitigation Funds to $225,000 in Stream Environment Zone (SEZ) Mitigation Funds and $200,000 in Water Quality Mitigation Funds. (Replacing Resolution 2022-002) Public Comment was heard from the following person:
1. Steve Teshara, Tahoe Chamber
10. Acquisition of Property from McDonald's Corporation the Tahoe Valley Stormwater and Greenbelt Improvement Project
Action: Passed Resolution 2022-060 authorizing and directing the Mayor to execute Purchase Agreement C-075-2022 with McDonald's Corporation to acquire property (APN 023-381-002 and 023-430-038) for the sum of $250,000.
Public Comment was heard from the following person:
1. Steve Teshara, Tahoe Chamber
11. Purchase of Vehicle and Equipment to Support Airport Operations Action: Passed Motion 2022-052 authorizing the purchase of one Multi-hog Snow Blower with the necessary attachments from Alpine Smith, Inc. for $214,195.09 for the Airport Division.
South Tahoe Redevelopment Successor Agency - Regular-Unfinished Business
12. Update on US 50 "Loop Road" Alternative Analysis and Potential Disposition of Two Parcels Owned by the South Tahoe Redevelopment Successor Agency (3900 and 3908 Lake Tahoe Blvd.; APNs: 029-170-01 and 029-170-02)
Action: Moved/Seconded: Wallace/Friedrich
Yes: Bass, Friedrich, Wallace
No: Middlebrook
Absent: Creegan
Action: Acting as Board of Directors of the South Tahoe Redevelopment Successor Agency passed Motion STRSA 2022 -001 authorizing the Executive Director to initiate the required noticing on the disposition of parcels at 3900 and 3908 Lake Tahoe Blvd. under the Surplus Land Act. The Board provided direction to the City Manager to examine the placement of the light on Pioneer Trail.
Public Comment was heard from the following people:
1. Chris Grillone
2. Scott Robbins
3. Ed Mosur
4. Nick Speal
5. Amelia Richmond
6. Gavin Feiger
7. Molly Armanino
19 4
Written comments received from the following people:
8. Will Irwin
9. David Jinkens *written material distributed
Regular-Unfinished Business
13. Modify District Management Plan of South Lake Tahoe Tourism Improvement District Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Friedrich, Middlebrook and Wallace
Absent: Creegan
Action: Passed Resolution 2022-061 to Modify District Management Plan of South Lake Tahoe Improvement District.
Public Comment was heard from the following people:
1. Jerry Bindel, South Lake Tahoe Tourism Improvement District
2. Scott Robbins
3. Ed Mosur
Regular-New Business
14. Direction Regarding Taking a Position on U.S. House of Representatives Bill 6903, Wildfire Suppression Policy
Action: City Council provided direction to the City Manager to send a letter with recommended changes to the U.S. House of Representatives Bill 6903, Wildfire Suppression Policy (McClintock-R)
The following person address Council:
1. Kimberly Pruett, Community Outreach Coordinator, Congressman McClintock Public Comment was heard from the following people
2. Nancy Gibson *written material distributed
3. Ed Mosur
4. Scott Robbins
5. David Gregorich
6. Amelia Richmond
7. Kat Walton
8. Dave Gabriel *written comment also received
9. Maia Bickert
10. Molly Armanino
15. Modification to Fire Department Allocated Permanent Positions Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Friedrich, Middlebrook and Wallace
Absent: Creegan
Action: Passed Resolution 2022-062 approving changes to the Fire Department Allocated Permanent Positions, deleting one Firefighter/Paramedic and adding one Engineer Position.
16. Appropriation of $193,148 From General Fund Undesignated Excess Reserves and Approval of Purchase Order with Pierce Manufacturing for Fire Engine 3 Repair Action: Moved/Seconded: Friedrich/Bass
Yes: Bass, Friedrich, Middlebrook and Wallace
Absent: Creegan
Action: Passed Resolution 2022-063 appropriating $167,955 plus 15% contingency of $25,193 in General Fund Undesignated Excess Reserves; and Passed Motion 2022-053 approving sole source and authorizing and directing the City Manager to execute a Purchase Order with Pierce Manufacturing for the repair of Fire Engine 3, and authorizing travel for staff to inspect engine prior to it returning to California.
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17. City of South Lake Tahoe Electric Vehicle Charger Siting Plan Action: Passed Motion 2022-054 adopting the City of South Lake Tahoe Electric Charger Vehicle Siting Plan.
Action: Moved/Seconded: Bass/Friedrich
Yes: Bass, Friedrich, Middlebrook and Wallace
Absent: Creegan
The following person addressed Council:
1. Zoe Kusnick, CivicSpark Fellow
Public Comment was heard from the following people:
2. Ed Mosur
3. David Gabriel *written comment also received
4. Mollie Armanino, Exline *written comment also received Written comment was received from the following person:
5. Angelique Carl
18. Public Works Department Annual Report 2021
Action: Received and Filed.
Agenda Planning Calendar
19. Agenda Planning Calendar
Councilmember Bass requested an item be brought back regarding themed crosswalk painting (Friedrich second)
Action: Received.
Updates and Announcements (City Attorney, City Clerk, City Manager) City Clerk:
1. Proclamation request for as El Dorado County Fair Week (Council consensus).
City Manager:
1. Upcoming Destination Steward Workshop
2. Upcoming Cannabis Revenue Grant Applications review
3. Upcoming Community Local Hazard Mitigation Plan meeting Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Councilmember Friedrich:
1. Upcoming Cannabis Revenue Grant Applications review
2. Upcoming Tahoe Regional Planning Agency Governing Board meeting
3. Upcoming Multicultural Alliance Subcommittee meeting – Festival discussion Councilmember Bass:
1. Upcoming LAFCO meeting
2. Lake Tahoe Visitors Authority - Strategic plan
Councilmember Wallace:
1. Upcoming Tahoe Prosperity Center meeting
2. Premier of “Top Gun” film
Mayor Middlebrook;
1. Upcoming Tahoe Prosperity Center meeting
2. Upcoming Coffee with the Mayor – wildfire discussion
3. Upcoming Ameca, July 4 Sister City visit
4. Request for a commemorative plaque to be made (Council consensus) 21 6
Adjournment
At 9:22 p.m. Mayor Middlebrook adjourned the meeting.
________________________ _______________
Devin Middlebrook, Mayor Date
Attest:
__________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
22 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 7, 2022
Agenda Item #: 5
Agenda Item: Agreement with First Church of Christ for Shared Parking Lot Use for Fire Station 3 Executive Summary: The City and First Church of Christ have previously entered into agreements to allow Fire Station 3 to use the church parking lot for employee vehicles, fire apparatus, and occasional training space. In exchange, the City keeps the parking lot clear of snow and the shares the cost of resurfacing and striping the lot when needed.
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the City Manager to execute an agreement with the First Church of Christ for shared use and maintenance of the church parking lot for Fire Station 3.
Responsible Staff Member: Jim Drennan, Interim Fire Chief Responsible Staff Member: Jim Drennan, Interim Fire Chief 530-542-6152 Reviewed and Approved By:
Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Fire Station 3 Shared Parking Lot Agreement.docx 02-First Church of Christ Shared Parking Lot Agreement
23 Council Agenda Report- June 7, 2022 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: June 7, 2022
Title: Agreement with First Church of Christ for shared parking lot use at Fire Station #3 Location: Fire Department
Responsible Staff Member: Jim Drennan, Interim Fire Chief (530) 542-6164 Background: Fire Station #3 is located adjacent to the First Church of Christ. The parking lot is shared by the church and the fire station employees for parking. The parking lot is also used for occasional training by the firefighters. The City and Church have maintained an agreement for many years and now desire to renew that arrangement by entering into this agreement setting forth the rights, duties, and obligations of the parties with regard to such joint use.
Issue and Discussion: Church agrees that the City may utilize the parking lot for fire department employee parking, hose testing, employee training, and occasional truck parking; provided, however, that such use by the City shall at no time interfere or obstruct the normal and customary use of the property by Church. Church and City agree that the term of this agreement shall be five (5) years from and after the date of execution hereof; provided, however, that this agreement may be revoked by either party on 180 days’ notice at the addresses set forth below.
Financial Implications: In the event of damage to the property of the Church or its members or employees by the employees or agents of the City while engaging in activities and uses authorized by this agreement, City shall promptly repair or replace the same without cost to Church. In the event of damage to the property of City or its employees or agents by Church or its agents or employees, Church shall promptly repair or replace the same without cost to City. City and Church shall share any maintenance, repair, or restoration from normal use of the parking lot for the next five (5) years, with eighty percent (80%) borne by the City and twenty percent (20%) borne by the Church, said work to be coordinated and arranged by City. City shall be responsible for all snow removal of the parking lot. If the Church contracts for repairs, the City will reimburse them, if the City contracts for repairs the Church will reimburse the City.
Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies).
Policy Implications: No policy implications are expected at this time. 24 1
LICENSE FOR USE OF REAL PROPERTY
This Agreement is made and entered into as of the first day of May 2022, by and between the City of South Lake Tahoe, a municipal corporation (“City”) and the First Church of Christ, Scientist, a non-profit corporation of the State of California (“Church”).
RECITALS
A. Church is the owner of that certain property commonly described as 2081 Lake Tahoe Blvd., which includes a parking lot for motor vehicles.
B. City is the owner of that certain property commonly described as 2101 Lake Tahoe Blvd., a municipal fire station, which adjoins 2081 Lake Tahoe Blvd.
C. City and Church can and have made mutually beneficial use of the parking lot of Church for several years and now desire to renew that arrangement by entering into this agreement setting forth the rights, duties, and obligations of the parties with regard to such joint use.
D. It is the express intent of the parties hereto that this agreement shall not constitute a lease of the real property in question, but rather a license subject to the conditions set forth herein.
AGREEMENT
1. Church agrees that City may utilize the parking lot for fire department employee parking, hose testing, employee training, and occasional truck parking; provided, however, that such use by the City shall at no time interfere or obstruct the normal and customary use of the property by Church.
2. Church and City agree that the term of this agreement shall be five (5) years from and after the date of execution hereof; provided, however, that this agreement may be revoked by either party on 180 days’ notice at the addresses set forth below.
3. In the event of damage to the property of Church or its members or employees by the employees or agents of City while engaging in activities and uses authorized by this agreement, City shall promptly repair or replace the same without cost to Church. In the event of damage to the property 25 2
of City or its employees or agents by Church or its agents or employees, Church shall promptly repair or replace the same without cost to City.
4. All notices or demands provided for or which may be given by either party to the other under the terms of this agreement shall be in writing, signed by the party giving the notice or making the demand, and shall be deemed validly served or delivered upon physical delivery or upon deposit in the United States mail addressed as follows:
To City: Joe Irvin, City Manager
City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
[email protected]
With a copy to: Heather Stroud, City Attorney
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
[email protected]
To Church: First Church of Christ, Scientist
2081 Lake Tahoe Blvd.
South Lake Tahoe, CA 96150
[email protected]
Or to such other address as the addressee may designate by written notice to the other party delivered in accordance with the provisions of this paragraph.
5. City and Church shall share any maintenance, repair, or restoration from normal use of the parking lot for the next five (5) years, with eighty percent (80%) borne by the City and twenty percent (20%) borne by the Church, said work to be coordinated and arranged by City. City shall be responsible for all snow removal of the parking lot. If the Church contracts for repairs, the City will reimburse them, if the City contracts for repairs the Church will reimburse the City. Both parties must agree on a repair prior to beginning work. Nothing herein shall be construed to create general public access or authorize any use of the property of Church by members of the public except as expressly set forth herein.
6. Each party (an “indemnifying party”) shall indemnify, defend, and hold harmless the other party, and its officers, directors, employees, and agents, from and against any and all causes of action, claims, suits, investigations, and administrative or other proceedings, and all related 26 3
demands, liabilities, fines, penalties, assessments, costs, judgments, damages, and expenses (including attorneys’ fees) of every kind and nature, related to or arising out of (i) any breach of this Agreement by the indemnifying party or (ii) any misconduct, error, omission or act of the indemnifying party or by any of the indemnifying party’s officers, directors, employees, or agents.
CITY OF SOUTH LAKE TAHOE CHURCH OF CHRIST, SCIENTIST
By:________________________ By:___________________________ Joe Irvin, City Manager Joseph G. Beckwith
Executive Board President
By:
Jim Drennan, Acting Fire Chief
APPROVED AS TO FORM: ATTEST:
__________________________ ____________________________ Heather Stroud Susan Blankenship, City Clerk
City Attorney
27 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 7, 2022
Agenda Item #: 6
Agenda Item: Appropriation of Grant Funds for Pioneer Trail Pedestrian Improvement Project Phase II Executive Summary: Council will consider accepting $411,000 worth of grant funds from the Federal Highway Administration to fund the Right of Way phase of the Pioneer Trail Pedestrian Improvement Project Phase II. The grant funds require a matching amount of 11.47%, or $53,250 from the City.
Matching funds are proposed to come out of the General Fund Grant Match Set Aside.
Council will also consider authorizing the Public Works Department to submit a grant application for the Active Transportation Cycle 6 call for projects. Public Works will apply for $1,500,000 to go toward construction of the project. If received, grant fund match requirements would be 11.47%, or $194,341.
Requested Action / Suggested Motions: Pass a Resolution Authorizing Acceptance and Appropriation of Congestion Mitigation and Air Quality Grant in the Amount of $300,000 and Highway Infrastructure Program Grant in the Amount of $111,000, and Authorizing Appropriation of Grant Match Funding from the General Fund Grant Match Set Aside in the Amount of $53,250 into the Pioneer Trail Pedestrian Improvement Project Phase II Account; Authorizing the Director of Public Works to submit an Active Transportation Grant, and Committing to Local Matching Funds in the amount of $194,341.
Responsible Staff Member: Randy Carlson, Associate Civil Engineer Responsible Staff Member: Randy Carlson, Associate Civil Engineer (530) 542-6033 Reviewed and Approved By:
Anush Nejad, Director of Public Works
Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Pioneer Trail Pedestrian Improvement.docx 02-Resolution - Pioneer Trail Pedestrian Improvement.docx 03-Program Supplement Pioneer Trail
28 Council Agenda Report- June 7, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: June 7t, 2022
Title: Appropriation of Grant Funds for Pioneer Trail Pedestrian Improvement Project Phase II
Location: Pioneer Trail from Larch Ave to Ski Run Blvd to Larch Ave Responsible Staff Member: Randy Carlson (530) 542-6033
Background: The Pioneer Trail Pedestrian Improvement Project - Phase II is a muchneeded upgrade that will construct new sidewalks, pedestrian lighting, stormwater infrastructure, bus shelters, bus pull-outs, and landscaping on both sides of Pioneer Trail between Larch Avenue and Ski Run Boulevard. This project is a continuation of the City’s award-winning project undertaken in 2013/14. Once completed, it will allow for better pedestrian mobility along Pioneer Trail from Ski Run Boulevard to US Hwy 50.
In 2018, the City was awarded $420,000 of Surface Transportation Block Grant funds to design the project. The project is now 60% designed and is on track to begin the Right-of-Way phase of the project. It is also on track to be constructed in the summer of 2024.
Issue and Discussion: In February 2022, the Tahoe Regional Planning Agency awarded the City $411,000 of grant funds toward the Right of Way phase of the project. At the same time, an additional $2,074,000 of grant funds were awarded toward the construction phase of the project.
These funds are sufficient to fund the Right-of-Way phase of the project but will be insufficient for the construction of the project.
The Public Works Department is requesting City Council accept the right-of-way portion of grant funds. The remaining funds allocated for the construction phase will be accepted at a future date once construction authorization is obtained from Caltrans.
On March 16, 2022, the State of California opened the call for projects for Cycle 6 Active Transportation Program (ATP) grant funding. This cycle of funding has $650 million of federal funding available for transportation projects that encourage multi-modal transportation, such as cycling or walking. The Public Works Department would like to pursue additional grant funds to ensure that the construction phase of this project is fully funded. Public Works estimates the construction phase budget will require an additional $1,500,000. With City Council authorization, Public Works will submit a grant application for $1,500,000 to the State of California.
Financial Implications: This Federal transportation grant funding requires an 11.47% local match. Therefore, for each dollar expended on a federally funded project, the City will be reimbursed 0.8853 dollars and be required to contribute the remaining 0.1147 dollars as grant 29 Council Agenda Report- June 7, 2022 Page 2 of 2
matching funds. Acceptance of the Regional Grant Program Cycle 4 transportation funding will require a grant fund match in the amount of $53,250.00.
The Public Works Department requests the City Council to accept the grant funds that have been awarded to the City and appropriate the funding into the existing CIP project account as follows:
Table 1 – Grant Fund Acceptance
Fund Type Amount
Congestion Mitigation & Air Quality (CMAQ) $300,000.00
Highway Infrastructure Program (HIP) $111,000.00
Table 2 –Fund Allocation
From Revenue Code To Account Amount
Congestion Mitigation & Air Quality (CMAQ) 301-50024-48040 $300,000.00 Highway Infrastructure Program (HIP) 301-50024-48040 $111,000.00 General Fund Undesignated Excess Reserves 301-50024-48040 $53,250.00 The Public Works Department further requests that City Council authorize the submission of a grant application for $1,500,000, which would require a grant match fund set aside in the amount of $194,341.
Environmental Considerations: This project was determined to be eligible for a NEPA Categorical Exclusion by Caltrans environmental staff. The project is eligible under 23 CFR 771.117(c): activity (c)(3), which exempts the construction of bicycle and pedestrian lanes, paths, and facilities.
This project is subject to exemption from CEQA: The proposed project is categorically exempt from environmental review under CEQA Guidelines Section 15301, Existing Facilities, which exempts “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use” including “restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood.” The project is currently proceeding through the TRPA environmental permitting process. All permits will be obtained prior to the beginning of construction.
Policy Implications: This project aligns with the City’s Strategic Plan 2021-2026. In accordance with goal 1.4, this project will improve the City’s transportation network by providing pedestrian access along Pioneer Trail, as well as rehabilitating the existing vehicular travel lanes and class II bike lanes.
The project also supports goal 2.3 by enhancing connectivity for those on foot and bike, while promoting a alternative mobility options.
The project also supports goal 5.3 by utilizing grant funds that will maintain and upgrade the City’s aging infrastructure along Pioneer Trail.
30 Resolution 2022-XXX June 7, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
June 7, 2022
Authorizing Acceptance and Appropriation of Congestion Mitigation and Air Quality Grant in the Amount of $300,000 and Highway Infrastructure Program Grant in the Amount of $111,000, and Authorizing Appropriation of Grant Match Funding from the General Fund Grant Match Set Aside in the Amount of $53,250 into the Pioneer Trail Pedestrian Improvement Project Phase II Account; Authorizing the Director of Public Works to submit an Active Transportation Grant, and Committing to Local Matching Funds in the amount of $194,341
BACKGROUND
A. The City of South Lake Tahoe has designated the Pioneer Trail Pedestrian Improvement Project Phase II a viable and desired project.
B. The City has designed the project to the 60% level and is ready to begin obtaining right of way access in support of the construction of the project.
C. The City has successfully applied for and has been awarded grant funding in the amount of $300,000 of Congestion Mitigation & Air Quality (CMAQ) funds from the Federal Highway Administration through the State of California Department of Transportation to perform right-of-way acquisitions for the project.
D. The City has successfully applied for and has been awarded grant funding in the amount of $111,000 of Highway Infrastructure Program (HIP) funds from the Federal Highway Administration through the State of California Department of Transportation to perform right-of-way acquisitions for the project.
E. The City desires to proceed with right-of-way acquisitions and finalize the project design.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Accepts the following grant funds in support of the right of way phase of the Pioneer Trail Pedestrian Improvement Project Phase II.
Funding Type Amount
Congestion Mitigation & Air Quality (CMAQ) $300,000.00
Highway Infrastructure Program (HIP) $111,000.00
31 Resolution 2022-XXX June 7, 2022 Page 2 of 2
2. Appropriates the following grant funds and matching funds from the General Fund Undesignated Excess Reserves in support of the right of way phase of the Pioneer Trail Pedestrian Improvement Project Phase II.
Revenue Source/Account Expense Account Amount
Congestion Mitigation & Air Quality (CMAQ)
301-50024-33119
301-50024-48040 $300,000.00
Highway Infrastructure Program (HIP)
301-50024-33133
301-50024-48040 $111,000.00
General Fund Grant Match Set Aside /
Transfer Out to CIP (local match funding)
301-50024-36300
301-50024-48040 $53,250.00
3. Authorizes the Director of Public Works to submit an Active Transportation Program, Cycle 6 application to acquire $1,500,000 worth of grant funding for construction of the Pioneer Trail Pedestrian Improvement Project Phase II.
4. Commit to funding 11.47% federal transportation grant local match requirement in the amount of $194,341.
Adopted by the City of South Lake Tahoe City Council on June 7, 2022 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
32 2014-21 4/15/2014
5/13/2022
33 34
35 36
37 38
39 40
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 7, 2022
Agenda Item #: 7
Agenda Item: Professional Services Agreement with Cardno Inc. for Preliminary Planning Studies for the Dennis Machida Memorial Trail Phase 1C
Executive Summary: On January 4, 2022, the City Council approved the appropriation of $200,000 of SLFRF funds for planning studies to assess the original conceptual trail alignment and environmental documents for the Dennis Machida Memorial Trail Phase 1c as originally designed by the California Tahoe Conservancy (CTC) in 2011. The originally designed alignment for Phase 1C begins at the easterly terminus of phase 1A at Herbert Avenue, crosses into CTC-owned land, then veers up to, and along the north side of Pioneer Trail to the limits of Ski Run Boulevard.
This proposed alignment comprises several design issues including limited site distance, insufficient right of way width, topography elevation changes, and property acquisition concerns that may cause the construction of this phase to be significantly more costly than necessary. As such, the department of Public Works intends to contract an analysis of the originally proposed alignment to develop alternatives to expensive property acquisition and complex trail construction.
In order to award the professional services agreement with Cardno Inc. in the amount of $243,845 and allow for a 5% contingency of $12,192, staff is requesting an amendment to the existing project budget by $56,037. Staff is recommending appropriating funds from the remaining undesignated SLFRF funds.
Requested Action / Suggested Motions: 1) Pass a Resolution authorizing appropriation of $56,037 from the remaining American Rescue Plan Act (ARPA) Funds from the General Fund for Engineering and Design Services for the Dennis Machida Memorial Trail Phase 1C Alignment Analysis; and 2) Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with Cardno Inc., for an amount not to exceed $243,845 for preliminary studies relating to alignment and environmental documents for the Dennis Machida Memorial Trail Phase 1C.
Responsible Staff Member: Jim Marino, Capital Improvement Program and Facilities Program Manager Responsible Staff Member: Jim Marino, Capital Improvement Program and Facilities Program Manager (530) 542-6027
Reviewed and Approved By:
Anush Nejad, Director of Public Works
Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
41 01-Staff Report - Dennis Machida Trail Phase 1C.docx 02-PSA Cardno Inc. Dennis Machida Memorial Trail Phase 1C 03-Resolution - Budget Appropriation SLFRF.docx
42 Council Agenda Report June 7, 2022 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: June 7, 2022
Title: Professional Services Agreement for Preliminary Planning Studies for the Dennis Machida Memorial Trail Phase 1c.
Location: Pioneer Trail (Herbert Avenue to Ski Run Boulevard) Responsible Staff Member: Jim Marino, Capital Improvement Program Manager (530) 542- 6027
Background: The Dennis T. Machida Memorial Greenway Trail plans to connect the Tahoe Sierra Neighborhood to Van Sickle Bi-State Park via a series of paved bicycle and pedestrian trails, completing the core of the non-motorized transportation network in the South Shore.
Previously known as the South Tahoe Greenway Shared Use Trail, the original project approval and preliminary designs occurred in 2011 and were amended in 2016.
Phase 1a, of the Greenway extends between Herbert Avenue and Glenwood Way in the heart of the Bijou neighborhood in South Lake Tahoe. This project phase was built in 2016 and is open to public use.
Phases 1b and 2 of the Greenway extend the trail south across Bijou Creek Meadow, crossing Al Tahoe Boulevard to Lake Tahoe Community College (LTCC). From LTCC, the trail crosses Trout Creek and Martin Avenue to provide a safe route to Sierra Boulevard in the Tahoe Sierra neighborhood. This project connects to the City of South Lake Tahoe’s Sierra Boulevard “complete streets” project and extends the bike trail network to the U.S. Highway 50 revitalization project. Phases 1b and 2 were completed in 2021 and is open to public use.
To complete the next phase of the Greenway, and in partnership with the California Tahoe Conservancy (CTC), the City introduced Phase 1c of the trail into the FY 21-26 five-year capital improvement program for planning, design, and implementation.
On March 11, 2021 the American Rescue Plan Act (ARPA) was signed into law and established the Coronavirus State and Local Fiscal Recovery Funds (SLFRF). This program is intended to provide support to State, territorial, local, and Tribal governments in responding to the economic and public health impacts of COVID-19 in the efforts to contain impacts on communities, residents, and businesses.
On August 17, 2021 City Council discussed the results of a community survey representing a variety of projects and programs to assist the city in providing economic assistance from the negative impacts of the Covid-19 pandemic. The list of projects included among others, Improvements to the City’s paved bike trail network.
43 Council Agenda Report June 7, 2022 Page 2 of 4
On January 4, 2022, the City Council approved the appropriation of $200,000 of SLFRF funds for planning studies to assess the original conceptual trail alignment and environmental documents for phase 1c as originally designed by the CTC in 2011.
On January 6th, 2022, the U.S. Department of the Treasury issued the Final Rule for the SLFRF program. The final rule provides state and local governments with increased flexibility to pursue a wider range of uses, as well as greater simplicity so the government can focus on responding to the crisis in the communities and maximizing the impact of their funds. On February 1, 2022, the City Council through Resolution 2022-019, elected the provision of a "standard allowance" for the allocated amount to the City of $5,309,994 to spend on government services through the period of performance.
On May 17, 2022 the City Council approved a resolution to appropriate and transfer the remainder of the ARPA funding first tranche, $662,497, from the City’s Local Fiscal Recovery fund to the General Fund under the provision of revenue loss consistent with the election of “standard allowance” to replace lost public sector revenue to pay for “government services”. The major portion of these funds has been earmarked or allocated to the approved projects.
Issue and Discussion: The originally designed alignment for Phase 1c begins at the easterly terminus of phase 1a at Herbert Avenue, crosses into CTC owned land, then veers up to, and along the Pioneer Trail right of way to the limits of Ski Run Boulevard. This proposed alignment along the north side of Pioneer Trail comprises several design issues including limited site distance, insufficient right of way width, topography elevation changes, and property acquisition concerns that may cause the construction of this phase to be significantly more costly than may need to be.
As such, the department of Public Works, intends to perform an analysis of the originally proposed alignment to develop alternatives to expensive property acquisition and complex trail construction.
Staff released a Request for Qualifications (RFQ) for preliminary design studies to the public on March 18, 2022. Six hundred and eighty-two (682) consultants were notified electronically of the RFQ, and forty-three (43) prospective bidders downloaded the documents.
Electronic submittals were received by the Department of Public Works on April 18, 2022. The department received one (1) proposal.
The submittal received was distributed to the four (4) members of the City’s evaluation team. Each one of the team members independently evaluated, then numerically scored the proposal based on criteria set forth in the RFQ.
Upon review and scoring of the proposal submitted by Cardno, Inc. staff has determined Cardno, Inc. effectively understand the scope of work required as specified.
Per the two-step process for RFQ’s, staff entered into discussions with Cardno for a detailed scope of work and cost proposal. On May 20, 2022, staff received the final scope of work and cost proposal valued at $243,845. The scope of work is contained within the proposed Professional Services Agreement (Attachment 02).
44 Council Agenda Report June 7, 2022 Page 3 of 4
Financial Implications: As presented herein, this project has been assigned $200,000 in SLFRF funds. In order to award the professional services agreement with Cardno Inc. in the amount of $243,845 and allow for a 5% contingency of $12,192, staff is requesting an amendment to the existing project budget by $56,037. Staff is recommending appropriating funds from the remaining undesignated SLFRF (ARPA) funds amounting to $112,497. The remaining balance of ARPA funds in the General Fund after the proposed appropriation will be $56,460. Alternatively, funds can be appropriated from the General Fund Undesignated Excess Reserves. Attachment 03 (Resolution) pertains to the appropriation from the remaining ARPA funds from the General Fund in the amount of $56,037 into the Capital Improvement Project account 301-50041 Bike Trail Connections. Note: Staff will be soliciting for alternative funding sources to backfill the SLFRF or Undesignated General Fund apportionment.
Pending the outcome of this preliminary study, which will include full project estimates, staff will begin the process of seeking state and federal grant funds to support the remainder of the planning and design.
Environmental Considerations: Award of this agreement is statutorily exempt from review under CEQA Guidelines section 15262 (planning and feasibility studies). “A project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors. This section does not apply to the adoption of a plan that will have a legally binding effect on later activities”.
Policy Implications: This project is consistent with the following General Plan Policies.
Policy ROS‐1.2: Recreational Opportunity Access Improvement. The City shall improve connections and access to a wide range of recreational opportunities, which will improve the quality of life for residents and visitors.
Policy ROS‐2.3: Providing Public Access to Existing Open Space. The City shall continue to work with public and private agencies to provide public access to open space in the form of hiking and biking trails.
Policy TC‐1.9: Alternative Modes and Fuels. The City shall promote more effective use of alternative transportation modes (e.g., walking, bicycling, and public transportation) and use of electric/alternative fuel vehicles. The City shall also support the development of alternative fuel and electric car charging stations.
Policy TC‐3.1: City Bikeways to the Regional Bikeway System Linkages. The City shall link city bikeways to the larger regional bikeway system. This includes a bike trail system that links the Ski Run Marina to the Stateline casino core, the Lakeside Beach area, the mountain area (Van Sickle), Ski Run Boulevard, Tahoe Valley area, and ultimately to the future Greenway bike system. This system will also provide a connection to the Douglas County bike trail system on Lake Parkway, Highway 50, and the mountainside loop.
Policy TC‐3.2: Cohesive and Continuous Bicycle and Pedestrian Network. The City shall develop a cohesive and continuous public bicycle and pedestrian network that allows convenient and safe travel for people of all abilities, free of major impediments and obstacles, and in compliance with ADA requirements.
45 Council Agenda Report June 7, 2022 Page 4 of 4
Policy TC‐3.10: Greenway Trail Support. The City shall support and encourage development of the Greenway Class I Trail from Meyers to Stateline and encourage alignment of the facility to connect neighborhoods and commercial centers within the city. 46 CITY OF SOUTH LAKE TAHOE
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the Seventh day of June 2022 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Cardno Inc. (“Consultant”).
RECITALS
A. Consultant is specially trained, experienced, and competent to perform the special services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement. Consultant shall have no power or authority by this Agreement to bind City in any respect.
The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services and Compensation Schedule,” attached hereto and incorporated herein by reference, outlines the fees, schedule and compensation which shall be paid pursuant to this Agreement.
2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for approximately 10 months.
47 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit A which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $243,845 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.
6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.
Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation, or expiration.
7. Ownership of Documents.
All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees 48 and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents, and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, and such records shall be available at Consultant’s address indicated from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents 49 shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.
Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors, or subcontractors hired or retained by Consultant are employees, agents, contractors, or subcontractors of Consultant and not of the City.
City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’s assigned personnel. Any third party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.
10. Interest of Consultant. Consultant, (and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation, or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
50 b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation, or counsel. [FPPC Reg. 18700(a)(2)].
11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
12. Compliance with Laws. Consultant shall comply with all applicable federal, state, regional and local laws, codes, ordinances, and regulations in carrying out his/her duties under this Agreement. Consultant shall observe and comply with all applicable laws, ordinances, regulations, and codes of federal, state, and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section.
In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by law.
13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.
14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all 51 costs and expenses in connection therein), arising out of Consultant’s performance of this Agreement or caused in any way by Consultant’s negligence or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City. Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.
City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.
This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses and causes of action of whatsoever arising out of or in any way connected with the performance of work under this Agreement, and consultant’s work under this Agreement.
15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City 52 at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees, and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
53 b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees, or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents, or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies. 54 The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.
16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.
Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Consultant: Cardno Inc. ATTN: Stephen Peck
PO Box 1533
Zephyr Cove, NV 89448
775-339-3321
Provide a copy to:
17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not 55 subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.
20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.
21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant’s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, 56 or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the DrugFree Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free work place 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, as required by Government Code Section 8355 (a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation, and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.
Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit B. Further, Consultant shall require that the language of the certification in Exhibit B be included in all contracts or 57 subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.
25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et. seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.
27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
29. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
31. Time is of the Essence. Time is of the essence for this Agreement.
32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
58 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE: CONSULTANT:
By___________________________ By ________________________________ Devin Middlebrook, Mayor Stephen Peck, Principal
Date __________________________ Date _____________________________
Business License # ___________________
APPROVED AS TO FORM:
By____________________________ Date ________________________________ City Attorney
ATTEST:
By______________________________ Date ________________________________ City Clerk
Attachments:
Exhibit A – Scope of Services
Exhibit B - Anti-Lobbying Certification
59 EXHIBIT A
SCOPE OF SERVICES, SCHEDULE, COMPENSATION
60 61
62 63
64 65
66 67
68 69
70 EXHIBIT B
ANTI-LOBBYING CERTIFICATION
Consultant shall submit to City this certification prior to or at the time of the execution of this Agreement.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.
The undersigned certifies, to the best of his or her knowledge or belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction.
Consultant:
Name, Title
By:________________________________________
71 Resolution 2022-XXX June 7, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
June 7, 2022
Authorizing Appropriation of $56,037 from the Remaining American Rescue Plan Act (ARPA) Funds from the General Fund for Engineering Design Services for the Dennis Machida Memorial Trail – Phase 1c Alignment Analysis
BACKGROUND
A. The City of South Lake Tahoe has designated the Dennis Machida Memorial Trail Phase 1c a viable and desired project.
B. The Department of Public Works has solicited for engineering design/study services for the project.
C. Upon evaluation of proposals, the Department of Public Works recommends the award of a professional services agreement in the amount of $243,845 to Cardno Inc. of Zephyr Cove, Nv.
D. The existing project budget (30150041) is insufficient in the amount of $56,037 to award the agreement and a 5% project contingency.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Authorizes a transfer of $56,037 of undesignated SLFRF (ARPA) funds from the General Fund into the project account to resolve the project shortfall. 36300 Undesignated SLFRF (ARPA) Funds
/Transfer from General Fund
(-) $56,037
30150041-42020 Engineering Study/Design (+) $56,037
Adopted by the City of South Lake Tahoe City Council on June 7, 2022 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Devin Middlebrook, Mayor
72 Resolution 2022-XXX June 7, 2022 Page 2 of 2
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
73 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 7, 2022
Agenda Item #: 8
Agenda Item: Two (2) Year Extension with Eide Bailly, LLP for Independent Audit Services for Fiscal Year 2021-2022 and 2022-2023
Executive Summary: On May 15, 2018, the City Council approved a professional services agreement with Vavrinek, Trine, Day and Company, LLP (VTD) for Independent Audit Services for Fiscal Year 2017-2018 through 2020-2021. Council also approved consideration to extend the agreement for two more years if services were satisfactory. In July 2019, VTD merged with Eide Bailly LLP. Finance staff has received excellent service from Eide Bailly, LLP and requests that the agreement be extended two more years to allow Eide Bailly to perform the audit for Fiscal Years 2021-2022 and 2022-2023.
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a two (2) year extension on the agreement with Eide Bailly (formerly Vavrinek, Trine, Day and Co. (VTD)) for Independent Audit Services for Fiscal Year 2021-2022 and 2022-2023 in amounts not to exceed $81,000 and $83,430 respectively.
Responsible Staff Member: Olga Tikhomirova, Director of Finance Responsible Staff Member: Olga Tikhomirova, Director of Finance (530) 542-7431 Reviewed and Approved By:
Susan Blankenship, City Clerk
Heather Stroud, City Attorney
Attachments:
01-Staff Report-Audit Services Extension.docx
02-C-069-2018-Vavrinek, Trine, Day and Company LLP.pdf
03-Letter Extending Eide Bailly Agreement.pdf
74 Council Agenda Report June 7, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: June 7, 2022
Title: Two (2) Year Extension with Eide Bailly, LLP for Independent Audit Services for Fiscal Year 2021-2022 and 2022-2023
Location: Citywide
Responsible Staff Member: Olga Tikhomirova, Director of Finance (530)542-7431 Background: The City is required to have its financial records, transactions, procedures and policies audited on an annual basis by an independent audit firm. On May 15, 2018, the City Council approved a professional services agreement with Vavrinek, Trine, Day and Company, LLP (VTD) for Independent Audit Services for Fiscal Year 2017-2018 through 2020- 2021. Council also approved consideration to extend the agreement for two more years if services were satisfactory. In July 2019, VTD merged with Eide Bailly LLP. The lead audit partner assigned to the engagement under VTD continued to be the audit partner assigned to the engagement under Eide Bailly but subsequently rotated as mandated by Section 203 of the Sarbanes-Oxley Act.
Issue and Discussion: Finance staff has received excellent service from Eide Bailly, LLP and requests that the agreement be extended two more years to allow Eide Bailly to perform the audit for Fiscal Years 2021-2022 and 2022-2023. Given the recent changes within the Finance department staff and updated GASB requirements, this extension would ensure consistency in auditing services and reduce potential work disruption by introducing a new auditing team at this time.
Financial Implications: The proposed cost of audit services is an annual amount not to exceed $81,000 for fiscal year 2021-2022 and $83,430 for fiscal year 2022-2023, compared to $63,000 fixed rate for the first four years of the original agreement with VTD, and includes:
Financial audit and assistance with preparation of the financial statements of the City; A report on the fair presentation of the City’s financial statements in conformity with generally accepted accounting principles.
A report on internal controls over financial reporting and compliance in accordance with Government Auditing Standards;
Single Audit of one major program (compared to two major programs in the four-year agreement);
An agreed-upon procedures review of the calculation of the City’s Appropriation Limit (GANN);
The increase in the audit services cost is due to growing complexity of accounting regulations and due to increased cost to the accounting firm to hire and retain quality auditing staff. The firm partner stated that for fiscal year 2022-2023 cost might require renegotiation if the CPI increase is significantly higher than the 3 percent that was built in into the proposed cost for that year. 75 Council Agenda Report June 7, 2022 Page 2 of 2
The cost is within the expected budget for this type of services and will be included in the Fiscal Year 2022-2023 and 2023-2024 budget.
Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies) Policy Implications: Consistent with City’s Financial Policies. 76 i
CITY OF SOUTH LAKE TAHOE
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 15th day of May 15, 2018 by and between the City of South Lake Tahoe, a municipal corporation City") and Vavrinek, Trine, Day & Company, LLP (" Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
Scope of Services. Consultant shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement. Consultant shall have no power or authority by this Agreement to bind City in any respect.
The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, " Scope of Services," attached hereto and incorporated herein by reference. Exhibit B, Compensation Schedule," attached hereto and incorporated herein by reference, outlines the fees and compensation which shall be paid pursuant to this Agreement.
2. Term/ Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for four years with the option of two subsequent years.
C- 69- 2018
77 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant' s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures.
City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, " Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.
6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days ( 30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.
Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.
7. Ownership Of Documents.
All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. 2 78
Consultant shall, at Consultant' s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.
Notwithstanding the paragraph set forth directly above, audit documentation and/ or audit working papers shall not become the property of City, however, all audit documentation and/ or audit working papers shall be made available to the City upon request of the City and such request for documentation by the City shall survive the expiration of this agreement.
Consultant shall adopt reasonable procedures to maintain the confidentiality of audit documentation and/ or audit working papers.
8. Consultant' s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum W
period of three ( 3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of seven ( 7) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant' s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or 11111b, termination of Consultant' s business, City may, by written request by any of the above- named officers, require that custody of the 3 79
records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant' s representatives, or Consultant' s successor -in -interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City' s employees, and Consultant hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors or subcontractors hired or retained by Consultant are employees, agents, contractors or subcontractors of Consultant and not of the City.
City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract, and is not required to issue W- 2 Forms for income and employment tax purposes for any of Consultant' s assigned personnel. Any third party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and tw holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer- employee relationship exists by reason of this Contract.
10. Interest of Consultant. Consultant, ( and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant' s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/ her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and, 4 80
b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel.
FPPC Reg. 18700( a) (2)].
11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant' s field of expertise.
12. Compliance with Laws. Consultant shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in carrying out his/ her duties under this Agreement. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section.
In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by law.
13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.
14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, W actions, losses, damages and injuries, direct or indirect ( including any and all costs and expenses in connection therein), arising out of this Agreement or R
81 caused in any way by Consultant' s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.
Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant' s negligent acts, errors, omissions, regarding this Agreement, the Consultant' s work under this Agreement, or the consultant' s Scope of Work.
City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.
This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses and causes of action of whatsoever arising out of or in any way connected with this Agreement, and consultant' s work under this Agreement.
15. Insurance Reauirements.
a. Consultant, at Consultant' s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer' s Liability Insurance for his/ her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer' s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor' s employees. Any notice of cancellation of all Workers' Compensation policies must be received by City at least thirty ( 30) days prior to such change. Consultant shall provide thirty ( 30) days written notice of nonrenewal of any Workers' Compensation policies. The insurer shall agree to 6 82
waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($ 1, 000, 000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims - Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by or on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii.
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iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its
employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($ 1, 000, 000) on a claims -made annual aggregate basis, or a combined single - limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best' s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured' s under Consultant' s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/ or work performed by or on behalf of the Consultant, including materials, parts or equipment furnished d,,,, in connection with such work or operations.
83 11111b.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant' s Professional Liability and Employers' Liability policies, its elected or appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty ( 30) days written notice to the City Attorney by Certified Mail.
C. Deductibles and Self -Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant' s insurance policies. The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.
s
84 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.
Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of South Lake Tahoe
1901 Airport Rd.
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney' s Office
City of South Lake Tahoe
1901 Airport Road, Suite 300
South Lake Tahoe, CA 96150
If to Consultant: Vavrinek, Trine, Day & Company, LLP
2151 River Plaza Drive, Suite 308
Sacramento, CA 95833
17. Assignment and Subcontracting. The parties recognize that a substantial 1 inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the EI Dorado Superior Court pursuant to California Code of Civil Procedure hr., § 1094. 5, and as provided by law.
9 85
20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of EI Dorado, South Lake Tahoe Division.
21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant' s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City' s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
23. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
24. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
25. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and W representations, are superseded in total by this Agreement. 10 86
26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
27. Time is of the Essence. Time is of the essence for this Agreement.
28. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE: CONSULTANT:
By_ ( By'
Wendy D d, Mayor avid E. sl% waiter, Partner
Business License # C)Oussa-N
APPROVEDAS O FORM:
By
Nira F eley, Interim City torney
ATTEST: /
By
Susan Alessi, City Clerk
Attachments:
Exhibit A - Scope of Services
Exhibit B - Compensation Schedule
W
87 W
EXHIBIT A
SCOPE OF SERVICES
The City of South Lake Tahoe desires the auditor to express an opinion on the fair presentation of its general purpose financial statements in conformity with generally accepted accounting principles.
The auditor is not required to audit the combining and individual fund and account group financial statements and supporting schedules. However, the auditor is to provide an " in -relation - to" report on the combining and individual fund financial statements and supporting schedules based on the auditing procedures applied during the audit of the basic financial statements. The auditor is not required to audit the statistical section of the Comprehensive Annual Financial Report. Certain limited procedures should be applied to the supplementary information, management' s discussion and analysis, and budgetary comparison information, but an expression of an opinion is not required. The auditor is not required to express an opinion on the introductory and statistical sections.
Reports to be Issued
Following the completion of the audit of the fiscal year' s financial statements, the auditor shall issue:
1. A report of the fair presentation of the financial statements in conformity with generally accepted accounting principles, basic financial statements, including government -wide financial statements and fund financial statements, for all funds, and accompanying notes to the basic financial statements.
2. A report on internal controls over financial reporting and on compliance and other matters based on an audit of the financial statements performed in accordance with Government Auditing Standards.
3. A report on compliance with requirements applicable to each major program and internal control over compliance in accordance with Uniform Guidance
4. GANN Limit Agreed- upon Procedure (AUP)
12 88
Internal Control and Compliance Reports
In the required reports on internal controls, the auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure which could adversely affect the organization' s ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements.
Reportable conditions that are also material weaknesses shall be identified as such in the report. Non -reportable conditions discovered by the auditors shall be reported in a separate letter to management, which shall be referred to in the reports on internal controls. The reports on compliance shall include all instances of noncompliance.
Auditors shall ensure that the City is informed of each of the following; The auditor' s responsibility under generally accepted auditing standards
Significant accounting policies and regulations
Management judgments and accounting estimates
Significant audit adjustments
Other information in documents containing audited financial statements
Disagreements with management
Management consultation with other accountants
Major issues discussed with management prior to retention Difficulties encountered in performing the audit
Irregularities and illegal acts: Auditors shall be required to make an immediate written report of all irregularities and illegal acts of which they become aware to the following parties: Mayor/ City Treasurer
City Manager
Director of Finance
City Attorney
Special Considerations
1. The City of South Lake Tahoe will send its comprehensive annual financial report to the Government Finance Officers Association of the United States and Canada for review in its financial reporting award program. The auditor will be
expected to review the CAFR in relation to the award
13 89
illiiiw. checklist to ensure compliance with the award program, and to meet the GFOA submittal deadline.
2. It is anticipated that the City of South Lake Tahoe will prepare one or more official statements in connection with the sale of debt securities which will contain the general purpose
financial statements and the auditor' s report thereon. The auditor shall be required, if requested by the Director of Finance to issue a " consent and citation of expertise" as the auditor and any necessary " comfort letters."
3. The City of South Lake Tahoe has determined that the U. S.
Department of Housing and Urban Development will function as the oversight agency in accordance with the Single Audit Act Amendments of 1996 and the audit requirements of Title 2 U. S.
Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ( Uniform Guidance).
4. The schedules of federal financial assistance and related auditors' report, as well as the reports on compliance and internal controls, are not to be included in the comprehensive annual financial report, but are to be issued separately.
5. The City has obtained the " Certificate of Achievement for Excellence in Financial Reporting" from the GFOA for fiscal year ended September 30, 2016 and expects to receive the award for the fiscal year ended September 30, 2017. It is the City' s intention to continue to receive the award annually and the City will continue to prepare the CAFR to meet the requirements of those programs.
6. The independent audit firm is expected to keep the City abreast of new developments affecting municipal finance and reporting, impact on accounting and reporting should the State of California impose state -mandated procedures, impacts of Government Accounting Standards Board
disclosure requirements, required changes in grant
procedures, and the like.
Working Paper Retention and Access to Working Papers
All working papers and reports must be retained, at the auditor' s expense, for a minimum of seven ( 7) years, unless the firm is notified 14 90
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in writing by the City of South Lake Tahoe of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designee:
City of South Lake Tahoe
U. S. Department of Housing and Urban Development
U. S. Government Accountability Office
Parties designated by the Federal or State governments or by the City of South Lake Tahoe as part of an audit quality review process
Auditors or entities of which the City of South Lake Tahoe is a sub recipient of grants
State of California, Office of the State Controller
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EXHIBIT B
SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Estimated fees ( not to exceed) $ 63,000
Includes Single Audit ( assumes 2 major programs)
Additional programs will be $4, 500 per program
TOTAL ( not to exceed) $ 63, 000
Annual cost each year for four years.
TIMELINE
W
Following is the anticipated audit schedule for 2018:
Auditors submit audit checklist of required
information/ documentation needed from the City......................................... July, 2018 Start of interim field work.......................................................................... August, 2018 City submits to auditors the final trial balance........................................ December, 2018 Start of final field work............................................................................ January, 2018 Auditors submit draft financial statements to City ..................................... January, 2018 City submits to auditors draft comprehensive annual financial report........ February, 2018 Auditors submit to City the draft management letter................................ February, 2018 Auditors submit to City the other audit reports and final review comments on the CAFR....................................................................................................... March, 2018 Auditors submit to City the final management letter.................................... March, 2018 Formal presentation to Council ( if requested)................................................. April, 2018 W The single audit report will be submitted to the Federal Audit Clearinghouse within 30 calendar days after issuance of the final Single Audit report 16 92
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17 93
1901 Lisa Maloff Way│ South Lake Tahoe, CA 96150 │ (530) 542-6000 │www.cityofslt.us June 7, 2022
Roger Alfaro, CPA
Eide Bailly LLP
2151 River Plaza Dr., Suite 308
Sacramento, CA 95833-4133
RE: Two-year extension of agreement
Dear Mr. Alfaro,
The City hereby exercises the option to extend the Professional Services Agreement with Eide Bailly LLP, formerly Vavirnek, Trine, Day & Company LLP, for an additional two years on that agreement’s terms, with the scope of services and fee quote attached hereto.
Respectfully,
Devin Middlebrook
Mayor
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99 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 7, 2022
Agenda Item #: 9
Agenda Item: Purchase of a Vehicle for the Streets Division Executive Summary: City Council formally adopted the FY 21-22 annual budget at the August 17, 2021, meeting. Within the budget adoption, City Council appropriated funds to purchase several vehicles and pieces of equipment for the Department of Public Works and Streets Division. The proposed purchase is for a hauling and work truck for the Streets Division for hauling equipment and materials for street repair and street maintenance. The proposed vehicle is sourced through a cooperative purchasing agreement.
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the City Manager to execute a purchase order for one Chevrolet Silverado from the National Auto Fleet Group via Cooperative Purchasing Contract in an amount of $51,243.44 for use in the Streets Division.
Responsible Staff Members: Anush Nejad, Director of Public Work and Phil Harwood, Fleet Supervisor Responsible Staff Member: Anush Nejad, Director of Public Work (530) 542-6031 Phil Harwood, Fleet Supervisor (530) 542-6086
Reviewed and Approved By:
Anush Nejad, Director of Public Works
Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff_Report_Street_Vehicle_Purchase_F2.docx
02 - Chevy_Quote.pdf
03 - EV_Checklist.pdf
04- Cooperative Purchase Contract
100
Council Agenda Report- June 7, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: June 7, 2022
Title: Purchase of Vehicle for the Street Division
Location: Citywide
Responsible Staff Member: Anush Nejad, Director of Public Work – (530) 542-6031 Phil Harwood, Fleet Supervisor – (530) 542-6086
Background: City Council formally adopted the FY 21-22 annual budget at the August 17, 2021, meeting. Within the budget adoption, there was the appropriation to purchase several vehicles and pieces of equipment for the Department of Public Works and Streets Division. The proposed purchase is for a hauling and work truck for the Streets Division for hauling equipment and materials for street repair and street maintenance.
Issue and Discussion: The proposed vehicle and equipment are sourced through the cooperative purchasing agreement with the respective manufacturers/dealers. The financial Implications section below outlines the purchase cost and funding source. Attachment 02 details the quote and agreement.
The work truck is essential equipment for the streets division for a multitude of road maintenance and operation. It would allow the Streets Division to carry heavy equipment and materials to the job site for maintenance work throughout the city.
Financial Implications: The purchase of the vehicles and equipment will be secured through account 210-03010-46130 (Vehicles). The current available unencumbered budget as of May 31, 2022, in this account is $87,024.26. The proposed equipment’s total cost is $51,243.44, which is within the current available account budget balance.
Environmental Considerations: This purchase is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies) Policy Implications: Strategy EV-2 in the Climate Action Plan adopted by City Council on October 20, 2020, states that the city will “convert public agency fleets to electric vehicles (EV) or alternative fuels.” City staff conducted extensive research on options and availability of Electric Vehicles for the vehicle contemplated herein. Six vehicle manufacturers were contacted. Although the vehicle manufacturers have truck EV vehicles, currently none of the manufacturers have vehicles available on the marketplace for purchase (See Attachment 03). 101
Council Agenda Report- June 7, 2022 Page 2 of 2
Staff also researched the vehicles availability list in California’s Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP), which plays a crucial role in the deployment of zeroemission and near-zero-emission technologies. HVIP accelerates commercialization by providing point-of-sale vouchers to make advanced vehicles more affordable. The current list of eligible vehicles for point-of-sale incentives can be found here: https://californiahvip.org/vehiclecatalog/ The HVIP website identified one vehicle that meets the required specifications: EV FORD F450 Truck. The Fleet Division contacted the manufacturer representative: Ms. Bee Shiraz at SEA Electric and found that the truck is not in production and not sure if they will start next year. Since this truck is time-sensitive and essential for the Streets Division operations, staff recommends purchasing the proposed equipment at the present time.
All internal combustion vehicles and equipment contemplated for purchase herein will meet the California Air Resources Board (CARB) requirements.
The purchase of the vehicles contemplated herein will be via Cooperative Purchasing Contract.
City Code Section 3.45.090 allows for Cooperative Purchasing: “Where another governmental agency performs a solicitation and/or bid process for the city and/or multiple agencies or jurisdictions, and where the purchase of materials, supplies, and equipment is based on an agreement or cooperative purchasing program pursuant to authority granted by statute or ordinance, pursuant to a contractual arrangement between the city and said the governmental agency, or pursuant to a determination by the city manager that the governmental agency conducted a competitive bidding process, the city may purchase materials, supplies and equipment based upon the governmental agency’s solicitation and/or bid process without complying with the bidding requirements of this chapter. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-8)”
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Name
Date
Phil Harwood
4/08/22
Date Company/ Product Available Yes/ No and Why
4/08/22 Ford F150 Lightning
4/08/22 ; Rivian R1T
4/08/22 GMC Hummer EV1
4/08/22 Cyber truck
4/08/22 Chevrolet Silverado EV
4/08/22 Lightning emotors F550 cab chassis
No/ payload 2000 pounds 4x4 300 range
- -- .
No/ payload 1760 pounds 4x4 260 range
No/ payload 1300 pounds 4x4 329 range
No/ payload 1790 pounds 4x4 300
range
No/ payload 1300 pounds 4x4 estimated
400 mile range
No/ 100 mile range $170,000
$190,000 two wheel drive
Note: All vehicles are in production, but none
are available for delivery
118
091521-NAF
Rev. 3/2021 1
Solicitation Number: RFP #091521
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (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 Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories 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 8, 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.
119
091521-NAF
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
120
091521-NAF
Rev. 3/2021 3
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;
121
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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
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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
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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.
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.
135
091521-NAF
Rev. 3/2021 18
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 72 Hour LLC dba: National Auto
Fleet Group
By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager
Date: ________________________ Date: ________________________ Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 7, 2022
Agenda Item #: 10
Agenda Item: Grant Amendment Application for the Upper Bijou Park Creek Restoration Project Executive Summary: The U.S. Forest Service has identified the Upper Bijou Park Creek Restoration Project as a priority project to receive federal funding for watershed and urban water quality improvement funding from the Lake Tahoe Restoration Reauthorization Act. Since the U.S. Forest Service owns a significant amount of land within the project area where there are existing drainage channels and stream environment zone (SEZ) areas, this partnership agreement amendment would provide the City with $1,000,000 in additional federal funding to complete construction of key project elements with a match requirement of $120,000 from the General Fund Undesignated excess reserves.
Requested Action / Suggested Motions: Pass a Resolution authorizing submittal of a grant amendment application for Lake Tahoe Restoration Act funding from the U.S. Forest Service and appropriation of $120,000 in matching funds from the General Fund Undesignated Excess Reserves and $1,000,000 in grant funds for implementation of stormwater and watershed improvements within the Upper Bijou Park Creek Watershed.
Responsible Staff Member: Jason Burke, Complete Streets Program Manager and Faye-Marie Pekar, Engineering Technician
Responsible Staff Member: Jason Burke, Complete Streets Program Manager, (530) 542-6038 Faye-Marie Pekar, Engineering Technician, (530) 542-6070 Reviewed and Approved By:
Anush Nejad, Director of Public Works
Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report-LTRA Grant Bijou Park Creek Restoration Project.docx 02-Project Location Map
03-Resolution - LTRA Grant Amendment.docx
153
Council Agenda Report June 7, 2022 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: June 7, 2022
Title: Authorization of Grant Amendment Application for the Upper Bijou Park Creek Restoration Project
Location: Bijou Park Creek Watershed
Responsible Staff Member: Jason Burke, Complete Streets Program Manager, (530) 542- 6038 and Faye-Marie Pekar, Engineering Technician, (530) 542-6070 Background: On March 14, 2017, the City Council established the three-phased Bijou Park Creek Watershed Restoration Project in Resolution No. 2017-16. The project seeks to improve water quality, stream environment zone (SEZ) habitat, and alleviate localized flooding due to extensive urban development along Blackwood Road, Spruce Avenue, Werner Salas Drive, Shirley Avenue, and Bill Avenue within a historic creek floodplain that experiences periodic flooding during large rain events and snowmelt.
The City has received over $1.2 million in state and federal grant funding to assist with preparation of project plans, environmental documentation and implementation without allocating any cash match from local General Funds:
- July 11, 2017: The City received $493,089 in State Water Resources Control Board (SWRCB) Proposition 1 Storm Water Planning Grant funding using staff time for match, the City provided no cash match for this grant.
- May 11, 2021: The City received $750,000 in Lake Tahoe Restoration Act (LTRA) funding from the U.S. Forest Service, with the $100,000 match anticipated to come from TRPA Water Quality or SEZ Mitigation Funds.
On June 15, 2021, the City Council approved Resolution 2021-046 authorizing the original $750,000 Lake Tahoe Restoration Act (LTRA) grant application and delegating the City Manager or designee to execute and submit grant documents including applications, agreements and amendments to the grant. The grant agreement (21-PA-11051900-019) was fully executed on 8/20/2021 and the design process was restarted after an 8-month delay between the two state and federal funding sources for the design work by the external contracted design team.
City staff would like to incorporate complete streets projects to serve the community including streetscape improvements for the Bijou Community School, which are advocated for in the Safe Routes to School Master Plan. However, the grant funds are focused on and limited to water quality improvements, and thus cannot be utilized for streetscape or pedestrian improvements.
Until such time that a grant or City General Funds are allocated to the mobility or Safe Routes to School project, there is no funding for the planning, design, environmental review or implementation of surface multi-modal streetscape improvements in this area. 154
Council Agenda Report June 7, 2022 Page 2 of 3
Issue and Discussion: The Upper Bijou Park Creek Restoration project seeks to address many of the major flooding, drainage and water quality issues within the watershed, as noted in the Drainage Master Plan Update presented to the City Council on April 20, 2021. The U.S.
Forest Service is interested in authorizing additional funds through an amendment to the existing partnership agreement grant since many of the stream channel and habitat improvements included in the project will enhance federal lands managed by the U.S. Forest Service within the project area. Project improvements funded through this amendment would also provide solutions to alleviate flooding that impacts multi-family housing and the mobile home park along Blackwood Road constructed in SEZ areas subject to seasonal flooding, along with drainage improvements along Spruce Avenue in from of the Bijou Community School and other critical areas within the watershed.
The Grant Amendment funding will be focused on completing the Rockwood to Blackwood Drainage Improvements, which are crucial to complete prior to creek restoration work. Frequent flooding occurs on Blackwood Road particularly in the vicinity of where storm drainage is carried through the mobile home park and across Blackwood Road to the Bijou Park Creek SEZ. In order to alleviate flooding storm drainage improvements are proposed along Blackwood Drive and would include a relocated outlet, 1,250 linear feet of pipe, new storm drain manholes, roadway regrading and repaving, a vegetated drainage channel.
Flooding of homes along Vanda Lee Way constructed within a historic stream zone area subject to seasonal flooding. (Photo date 2/8/2017)
Flooding of Heavenly Valley Mobile Home Park due to
inadequate drainage infrastructure installed without
easements for maintenance or repair in the 1950s. (Photo date 3/22/2018)
155
Council Agenda Report June 7, 2022 Page 3 of 3
Pedestrians walk in middle of Blackwood Road with a stroller due to road shoulder flooding from inadequate and non-existing drainage along this road. (Photo date 4/02/2019)
Flooding along edge of Blackwood Road due to inadequate drainage. Without correcting the drainage problems,
pedestrian improvements in this area would be flooded.
(Photo date 3/21/2017)
Financial Implications: The current grant amendment request would be in the amount of $1,000,000 and would normally require a 20% match requirement, but since the project will serve an economically disadvantaged community, the U.S. Forest Service is receptive to a request for funding match of 12% ($120,000). Long-term, the full project cost is estimated to be in the $4M range, with the full match requirement ranging in realm of 10%-20% ($400,000 to $800,000), depending on the potential grant funding source(s). Upon award and execution of this grant amendment, the funds should be appropriated into the Capital Improvement Program budget as follows:
Account # 301-40051
Revenue: 33117 – U.S. Forest Service: $1,000,000
36300 – Undesignated General Fund Reserves match: $120,000 Expense: 48030 – Construction $1,120,000
Environmental Considerations: The project will require both California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) review. Funding provided by State Water Resources Control Board Proposition 1 was used to complete comprehensive environmental review document used to support adoption of a CEQA Initial Study/Mitigated Negative Declaration (SCH #2020090564) approved by the Planning Commission on November 19, 2020. Previously provided U.S. Forest Service LTRA funding will fund the concurrent completion of additional federal resources studies (botanical, aquatic species, special status species, and cultural resources) and determine the appropriate NEPA decision required for the project and subsequent Special Use Permits required for improvements on federal lands.
Policy Implications: In accordance with Strategic Priority 5.5 (Fiscal Sustainability) staff recommends the City Council authorize submittal of an amendment to this existing grant agreement to take advantage of this funding opportunity. As a project serving a designated disadvantaged community, this grant requires a match of up to $120,000 (12%). Allocation of the match at this time will help to initiate critical easements and acquisitions required to advance the project to a shovel ready status in order to be prepared to take advantage of implementation funding. Per the Grant Funding and Compliance Policy approved by City Council on Sept. 8, 2020, section 2.3 notes City Council approval is required for all grant applications. 156
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Public Land
OWNERSHIP
CALIFORNIATAHOE CONSERVANCY/STATE OF CA
CALTRANS
CITY OF SOUTH LAKE TAHOE
COUNTY OF EL DORADO
LAKE TAHOE COMMUNITY COLLEGE
LAKE TAHOE UNIFIED SCHOOL DIST
LAKE VALLEY FIRE PROT DIST
SLT SUCCESSOR AGENCY
SOUTH TAHOE REFUSE CO
STPUD
TAHOE RESOURCE CONSERVATION
UNITED STATES OF AMERICA
Bijou
Park
Creek
Bijou
Creek
Document Path: J:\PWCS 2016\16-30140051_Upper Bijou Park Creek Restoration\26_RFP\2019_Planning_Design\(01)RFP Files\BasemapPortrait 03062017.mxd S
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Department Of Bijou Park Creek
Public Works -
Engineering Division Watershed Location
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Eric
Friedlander
City of South Lake Tahoe 3/15/2019
157
Resolution 2022-XXX June 7th, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
June 7, 2022
Authorization for Submittal of a Grant Amendment Application for Lake Tahoe Restoration Act funds from the U.S. Forest Service and Appropriation of $120,000 in Matching Funds from the General Funds Undesignated Excess Reserves and $1,000,000 in Grant Funds for Implementation of Stormwater and Watershed Improvements within the Upper Bijou Park Creek Watershed.
BACKGROUND
A. The Upper Bijou Park Creek Restoration Project (EIP #01.01.01.0184) is included on the priority list for watershed and water quality improvements within the Lake Tahoe Basin and is a part of the larger Tahoe Regional Planning Agency (TRPA) Ski Run Marina “Mountain to Marina” green infrastructure planning initiative.
B. On June 15, 2021, the City Council authorized application and appropriation of $750,000 in Lake Tahoe Restoration Reauthorization Act funding for the Upper Bijou Park Creek Restoration project for engineering design and a small portion of implementation funding in Resolution 2021-046.
C. The U.S. Forest Service has made available an additional $1,000,000 in Lake Tahoe Restoration Reauthorization Act funding to the City through an amendment to the existing Partnership Agreement (21-PA-11051900-019, C-096-2021) to enhance stream channel, stream environment zone (SEZ), and urban runoff treatment on local, state and federal lands within the project area.
D. The City of South Lake Tahoe desires to apply for, and upon award, enter into an amendment of agreement 21-PA-11051900-019, C-096-2021 with the U.S. Forest Service to fund a portion of construction of the first phase of project elements and provide the required 12% match ($120,000) for this amendment.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Approves filing of an amendment application for the Lake Tahoe Restoration Reauthorization Act Funding for watershed improvements and authorizes acceptance of up to $1,000,000.
2. Certifies that the City of South Lake Tahoe has or will have sufficient funds to operate and maintain the project.
3. Certifies that funds under the jurisdiction of the City of South Lake Tahoe are available or will be available to begin the project.
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Resolution 2022-XXX June 7th, 2022 Page 2 of 2
4. Certifies that said applicant will expend grant funds in accordance with the Partnership Agreement, as amended, between the U. S. Forest Service and the City of South Lake Tahoe.
5. Appoints the City manager, or a designee to conduct all negotiations, agreements, amendments, payments requests and so on, which may be necessary for the completion of the aforementioned project.
6. Accepts the grant funds and authorizes the Finance Director to appropriate funds into the budget as follows:
Account #301-40051
Revenue: 33117 – USFS: $1,000,000
Undesignated General Fund: $120,000
Expense: 48030 – Construction $1,120,000
Adopted by the City of South Lake Tahoe City Council on June 7th, 2022 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
159
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 7, 2022
Agenda Item #: 11
Agenda Item: Delegation of Authority of City Traffic Engineer to the Director of Public Works or Designee
Executive Summary: In 2019, the City Council delegated the authority of the City Traffic Engineer to Wood Rodgers, a private consulting firm in Sacramento. At that time, the City did not have a registered Traffic Engineer on staff. The Director of Public Works is a registered Civil and Traffic Engineer in the State of California. At this time, there is no need for an outside party to act as the City Traffic Engineer.
In the future, this responsibility can also be delegated to other staff members who may be registered as a Traffic Engineer in the State of California as directed by the Director of Public Works.
Requested Action / Suggested Motions: Pass a Resolution delegating authority of City Traffic Engineer to the Director of Public Works or designee.
Responsible Staff Members: Anush Nejad, Director of Public Works Responsible Staff Member: Anush Nejad, Director of Public Work (530) 542-6031 Reviewed and Approved By:
Anush Nejad, Director of Public Works
Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Delegation of Authority City Traffic Engineer.docx 02-Resolution- Delegating Authority of City Traffic Engineer.docx 03-Reso. No. 2019-087 Wood Rogers City Engineer.pdf
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Council Agenda Report- June 7, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: June 7, 2022
Title: Delegation of Authority of City Traffic Engineer to the Director of Public Works or their Designee
Location: Citywide
Responsible Staff Member: Anush Nejad, Director of Public Works – (530) 542-6031 Background: On December 3, 2019, the City Council adopted Resolution No. 2019-087, delegating the authority to act as the City of South Lake Tahoe Traffic Engineer to Wood Rodgers, a private consulting firm in Sacramento. At the time, this delegation was required because the city did not have a qualified and registered Traffic Engineer on staff for this function. At the same time, the City Council authorized $35,000 per year for Traffic Engineering service on an asneeded basis.
Issue and Discussion: Since adopting Resolution No. 2019-087, the City has hired a new Director of Public Works, Anush Nejad. The Director of Public Works is a registered Civil (42681) and Traffic Engineer (1544) in the State of California. Per the City Code and various ordinances, the City Traffic Engineer has specific professional responsibilities that must be performed by a professional engineer with experience and license in traffic engineering, as required by State law.
City staff typically perform these functions unless a qualified and registered professional engineer is unavailable.
Since the city now has a registered Traffic Engineer licensed in California on staff, the need for an outside consultant is no longer required. The authority of the City Traffic Engineer can also be delegated to other staff members that are qualified and registered as Traffic Engineers in the State of California, at the discretion of the Director of Public Works. The city will continue to use Wood Rodgers as needed for certain studies or data collection required as a part of typical traffic engineering analysis.
The Director of Public Works also acts as the City Engineer. This responsibility can also be delegated to a qualified and registered professional Civil Engineer in the State of California.
Financial Implications: This action will result in cost savings for the City. Since this work can be accomplished by internal staff, the need for an outside consultant will be eliminated.
Environmental Considerations: Delegation of the Authority of City Traffic Engineer to the Director of Public Works is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies) 161
Council Agenda Report- June 7, 2022 Page 2 of 2
Policy Implications: This action supports and augments the requirements of various City Code and Ordinance requirements to have a registered professional engineer responsible for Traffic Engineering functions of the City.
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Resolution 2022-XXX June 7, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
June 7, 2022
Delegating Authority of City Traffic Engineer to the
Director of Public Works or their Designee
(Replacing Reso. No. 2019-087)
BACKGROUND
A. The City of South Lake Tahoe (City) Code, Chapter 4.25, Motor Vehicles and Traffic delegates to the City Traffic Engineer, authority to install regulatory traffic signs within the public right-of-way.
B. On December 3, 2019, the City Council delegated Wood Rodgers, an engineering consulting firm, the authority to act as the City of South Lake Tahoe Traffic Engineer by adopting Resolution No. 2019-087.
C. At that time, the City did not have a registered traffic engineer licensed in California, to perform the required functions of a City Traffic Engineer.
D. Currently, the City has a registered Professional Traffic Engineer on staff and the need to delegate the authority to a private consulting firm is no longer required.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Delegates the authority to act as the City of South Lake Tahoe City Traffic Engineer to the Director of Public Works.
2. Authorizes the Director of Public Works to delegate this authority to a designee who is registered as a Traffic Engineer in the State of California.
Adopted by the City of South Lake Tahoe City Council on June 7, 2022 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Devin Middlebrook, Mayor
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Resolution 2022-XXX June 7, 2022 Page 2 of 2
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
164
165
166
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 7, 2022
Agenda Item #: 12
Agenda Item: Senate Bill 1 Road Maintenance and Rehabilitation Account Project List for FY22/23 Executive Summary: City Council will consider approving a proposed project list and resolution for expenditure of Senate Bill 1 Road Maintenance and Rehabilitation Account funds for FY 2022 - 2023.
These funds require the establishment of a project list each year for the City to be eligible to receive SB 1 funding. The State currently estimates that $533,349 will be distributed to the City via SB 1, and staff recommends including the Tahoe Valley Stormwater and Greenbelt Improvement Project, Phase I and the Barton Ave and Second Street Drainage Project. Both of these projects will install needed stormwater infrastructure, which would typically result in patch paving at the conclusion of the project. With the infusion of these funds, each street that is worked on will be overlaid at the conclusion of the project, which will result in extended roadway lives as well as a nicer final look to the projects.
Requested Action / Suggested Motions: Pass a Resolution adopting a List of Projects for the Fiscal Year 2022-23 Funded by SB 1: The Road Repair and Accountability Act of 2017.
Responsible Staff Member: Randy Carlson, Associate Civil Engineer Responsible Staff Member: Randy Carlson, Associate Civil Engineer (530) 542-6033 Reviewed and Approved By:
Anush Nejad, Director of public Works
Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report-RMRA Project List.docx
02-Resolution - SB1 Road Maintenance and Rehabilitation.docx 03-Attachment A - RMRA Estimate
04-Attachment B-Project Location Map
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Council Agenda Report- June 7, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: June 7, 2022
Title: Senate Bill 1 Road Maintenance and Rehabilitation Account Project List for FY22/23 Location: Citywide
Responsible Staff Member: Randy Carlson, Associate Civil Engineer (530) 542-6033 Background: In April 2017, the State passed Senate Bill 1 (SB 1), increasing the State’s Gas Tax. “This act presents a balance of new revenues and reasonable reforms to ensure efficiency, accountability, and performance from each dollar invested to improve California’s transportation system.”
SB 1 creates the Road Maintenance and Rehabilitation Account (RMRA) and the Road Maintenance and Rehabilitation Program (RMRP). Programs funded by this account include the Local Partnership Program (LPP), the Active Transportation Program (ATP), the State Highway Operation and Protection Program (SHOPP), and Local Streets and Roads apportionments.
SB 1 states that “it is the intent of the Legislature that the Department of Transportation and local governments are held accountable for the efficient investment of public funds to maintain the public highways, streets, and roads, and are accountable to the people through performance goals that are tracked and reported.”
Under SB 1 the City is eligible to receive funds for local streets and road rehabilitation and maintenance from the RMRA. The funds are a census-based apportionment and subject to certain eligibility requirements. According to the latest estimate of the State FY 22/23 RMRA apportionment for Cities (Attachment A), the City is eligible to receive approximately $533,349 in FY 22/23.
Issue and Discussion: For the City to be eligible for the RMRA funds, the City must submit a list of proposed projects to the California Transportation Commission (CTC) no later than July 1, 2022. The project(s) must be approved in the City’s annual budget adoption or amended into the budget prior to submission to the CTC. As such, staff is requesting the attached resolution be adopted for the following roadway rehabilitation projects in the FY 22/23 Capital Improvement Plan.
1. Tahoe Valley Stormwater and Greenbelt Improvement Project, Phase I
2. Barton Ave and Second Street Drainage Project
(see Attachment B for the project map)
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Council Agenda Report- June 7, 2022 Page 2 of 2
The proposed construction will include grinding 3-4” of asphalt and replacing it with new asphalt.
This rehabilitation technique should provide a 20-year life extension to the roadways. The project will commence summer of 2023 and will be completed by fall of 2023.
The streets selected for this program are consistent with the City’s 5-year paving plan for 2023.
Each of these streets has low Pavement Condition Index (PCI) ratings. These streets have also recently had new gas lines installed, which has resulted in long stretches of patch paving.
Consistent with the City’s dig once policy, the City will concurrently install new stormwater infrastructure with these projects. Additional coordination with the remaining utility providers has also occurred and no further utility work is expected in these areas.
The amount of funds received through SB 1 is limited and will be insufficient to cover paving of entire length of these streets. These funds will be added to the overall project budget and will supplement the paving portion of the project. The Department expects that these funds will pave approximately 2,500 lane feet of roadway. The exact street to be paved with these funds will be determined in the future and will be dependent on additional funding allocation for the projects.
Financial Implications: RMRA funds have no match requirement but must be used for road rehabilitation or they will be rescinded back to the State. The City will utilize the $533,349 worth of RMRA funding to pave streets within the two proposed project areas.
Environmental Considerations: This project is considered roadway rehabilitation and will not extend the boundaries of the existing roadways. As such, the project is exempt from Tahoe Regional Planning Agency (TRPA) permits and the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301(c) (Existing Facilities). All applicable best management practices will be utilized to protect air and water quality during construction.
Policy Implications: The use of these funds to supplement paving on these projects is consistent with the City’s Strategic Plan 2021-2026. It aligns with goal 1.4 Transportation, by rehabilitating City owned streets. The use of these funds is also consistent with goal 5.3 Infrastructure and Maintenance. These funds help maintain City roadway infrastructure and are available on an annual basis with no requirements other than submitting an annual expenditure report. These funds are very sustainable and should continue to be available for years to come. 169
Resolution 2022-XXX June 7, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
June 7, 2022
Adopting a List of Projects for the Fiscal Year 2022-23 Funded by SB 1: The Road Repair and Accountability Act of 2017
BACKGROUND
A. Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide.
B. SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year.
C. The City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.
D. The City will receive an estimated $533,349 in RMRA funding in the Fiscal Year 2022-23 from SB 1.
E. This is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1.
F. The City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list.
G. The City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment.
H. The funding from SB 1 will help the City maintain and rehabilitate two roads throughout the City this year and one to two similar projects into the future.
I. The 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “at-risk” condition.
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Resolution 2022-XXX June 7, 2022 Page 2 of 2
J. The SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Declares the foregoing recitals are true and correct.
2. Adopts the following list of newly proposed projects will be funded in-part with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues:
Title Description Location Co
m
po
n
e
nt
Priority
Statu
s
Est. Schedule UsefulLife
Asse
m
bly
Se
n
ate
Start Finish Min Max
Tahoe Valley Stormwater &
Greenbelt Improvement
Project Phase I
Project will include
rehabilitation of
existing pavement
F Street
D Street
Bonanza Ave
Con New
22/23
7/23 10/23 20 20 5 1
Barton Ave & Second St
Drainage Project
Project will include
rehabilitation of
existing pavement
Helen Ave
Winnemucca Ave
Silver Tip Ave
Con New
22/23
7/23 10/23 20 20 5 1
Adopted by the City of South Lake Tahoe City Council on June 7, 2022 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
171
Local Streets and Roads - Projected Revenue
s
2021-22 2022-23
Estimated January 2022 Hwy Users Ta
x Road Mntnc TOTAL Hwy Users Ta
x Road Mntnc TOTAL
Account Rehab Acct Account Rehab Acct
DEL NORTE COUNTYCRESCENT CIT
Y 158,306 198,337 356,643 220,513 174,220 394,733
Count
y of Del Norte 1,217,700 1,258,504 2,476,204 1,405,804 1,340,112 2,745,916 Total Cit
y & Count
y: Del Norte 1,376,006 1,456,841 2,832,847 1,456,841 1,376,006 2,832,847 EL DORADO COUNTYPLACERVILLE 225,518 308,158 533,676 342,298 248,188 590,486SOUTH LAKE TAHOE 484,631 1,700,449 2,185,080 1,773,814 533,349 2,307,163Count y of El Dorado 6,347,042 8,964,860 15,311,902 9,827,951 6,985,090 16,813,041 Total Cities & Count
y: El Dorado 7,057,191 10,973,467 18,030,658 10,973,467 7,057,191 18,030,658 FRESNO COUNTYCLOVIS 2,523,487 3,102,266 5,625,753 3,458,939 2,777,165 6,236,103COALINGA 374,627 467,153 841,780 520,103 412,287 932,390FIREBAUGH 168,310 212,726 381,035 236,515 185,229 421,744FOWLER 136,723 174,080 310,803 193,404 150,468 343,872FRESNO 11,324,973 13,880,815 25,205,788 15,481,501 12,463,437 27,944,938 HURON 153,355 194,429 347,784 216,104 168,772 384,876KERMAN 333,844 417,256 751,100 464,441 367,404 831,846KINGSBURG 271,002 339,369 610,372 377,673 298,245 675,918MENDOTA 257,829 323,252 581,081 359,694 283,748 643,442ORANGE COVE 198,446 249,598 448,044 277,646 218,396 496,042PARLIER 327,837 409,907 737,744 456,243 360,794 817,037REEDLEY 540,327 671,886 1,212,213 748,256 594,644 1,342,901 SANGER 566,549 703,968 1,270,517 784,045 623,502 1,407,547SAN JOAQUIN 85,853 110,841 196,694 122,975 94,484 217,459SELMA 507,187 630,339 1,137,526 702,026 558,173 1,260,199Count y of Fresno 22,292,105 25,729,504 48,021,609 28,718,805 24,533,062 53,251,867 Total Cities & Count
y: Fresno 40,062,455 47,617,388 87,679,843 47,617,388 40,062,455 87,679,843 GLENN COUNTYORLAND 176,615 220,050 396,666 244,750 194,370 439,120WILLOWS 129,101 162,680 291,781 180,735 142,079 322,814Count y of Glenn 2,860,906 2,813,594 5,674,500 3,092,356 3,148,504 6,240,860 Total Cities & Count
y: Glenn 3,166,622 3,196,324 6,362,947 3,196,324 3,166,622 6,362,947 January 2022 CaliforniaCityFinance.com
172