South Lake Tahoe City Council
September 6, 2022

Exhibit B
B.4 BUDGET COSTS.

Budget costs are contained in the Project Cost table below:

LINE ITEM PROJECT
FUNDS
MATCH
CONTRIBUTION*
OTHER

FUNDING
TOTAL

PROJECT
COSTS
Direct Project Administration
Costs $0 $384,190 $0 $384,190

Planning/Design/Engineering
/Environmental $0 $5,068 $569,842 $574,910
Construction/Implementation $6,922,904 $1,479,328 $469,150 $8,871,382 Monitoring/Performance $0 $0 $0 $0
Education/Outreach $0 $449 $33,263 $33,712
TOTAL $6,922,904 $1,869,035 $1,072,255 $9,864,194
*Match Reduced. The Project benefits a disadvantaged community.

Project Funds will not be disbursed until CEQA documents, permitting, access negotiations and other required approvals are complete.

Indirect Costs are ineligible for funding under this Agreement.

The Recipient is prohibited from requesting reimbursement amounts that represent the Recipient’s mark-ups to costs invoiced or otherwise requested by consultants or contractors.

B.5 LINE ITEM ADJUSTMENTS.
(a) Subject to the prior review and approval of the Project Manager, adjustments between existing line items may be used to defray allowable direct costs up to fifteen percent (15%) of the total Project Funding Amount, including any amendment(s) thereto. Line Item adjustments approved by the Project Manager must be de minimis, less than fifteen percent (15%) of the total Project Funding Amount, and may not include any changes to the Scope of Work. Line item adjustments in excess of fifteen percent (15%) or line item adjustments that result in a change to A.2 Scope of Work will require an Agreement amendment. If the detailed budget includes an amount for the Recipient’s personnel costs, that amount is based on the hours, classifications, and rates submitted by the Recipient in its application. Any changes to the hours, classifications, and 160
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rates must be approved, in advance and in writing, by the Project Manager.
(b) The Recipient may submit a request for an adjustment in writing to the Project Manager. Such adjustment may not increase or decrease the total Project Funding Amount. The Recipient shall submit a copy of the original Agreement budget reflecting the requested changes and shall note proposed changes by striking out the original amount(s) followed with proposed change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item shall require a formal amendment. The Division may also propose budget adjustments. (c) The sum of adjusted line items shall not exceed the total budget amount.

B.6 REIMBURSEMENT PROCEDURE.

Except as may be otherwise provided in this Agreement, reimbursement of Project Funds will be made as follows:
(a) Upon execution and delivery of this Agreement, the Recipient may request reimbursement of any eligible Project Costs as well as to support the Match Contribution as specified in this Exhibit through submission to the State Water Board using the Reimbursement Request forms provided by the Project Manager.
(b) Reimbursement Requests must contain the following information:
(1) The date of the request;
(2) The time period covered by the request, i.e., the term “from” and “to”;
(3) The total amount requested;
(4) Documentation of Match Contribution used;
(5) Original signature and date (in ink) or electronic signature, consistent with the State Water Board’s approved procedures, of the Recipient’s Project Director or his/her designee; and (6) The Final Reimbursement Request shall be clearly marked “FINAL REIMBURSEMENT REQUEST” and shall be submitted NO LATER
THAN the Final Reimbursement Request Date.
(c) The Recipient may sign Reimbursement Requests either by an electronic signature consistent with the State Water Board’s approved procedures or by a physical, handwritten signature. The parties mutually agree that an electronic signature consistent with the State Water Board’s approved 161
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procedures is the same as a physical, handwritten signature for the purposes of validity, enforceability, and admissibility. (d) Reimbursement Requests must be itemized based on the line items specified in the budget in this Exhibit. Reimbursement Requests must be complete, signed by the Recipient’s Project Director or his/her designee, and addressed to the Project Manager as set forth in this Agreement.

Reimbursement Requests submitted in any other format than the one provided by the State Water Board will cause a Reimbursement Request to be disputed. In the event of such a dispute, the Project Manager will notify the Recipient. Payment will not be made until the dispute is resolved and a corrected Reimbursement Request is submitted. The Project Manager has the responsibility for approving Reimbursement Requests. Project Costs incurred prior to the Eligible Work Start Date of this Agreement will not be reimbursed.
(e) Project Funds must be requested quarterly via Reimbursement Request for eligible costs incurred during the reporting period of the corresponding Progress Report, describing the activities and expenditures for which the reimbursement is being requested. Each Reimbursement Request must be accompanied by a Progress Report. Failure to provide timely Reimbursement Requests may result in such requests not being honored. (f) The Recipient agrees that it will not submit any Reimbursement Requests that include any Project Costs until such costs have been incurred and are currently due and payable by the Recipient, although the actual payment of such costs by the Recipient is not required as a condition of reimbursement. Supporting documentation (e.g., receipts) must be submitted with each Reimbursement Request as well as to support Match Contributions claimed, if any. The amount requested for administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Reimbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented and accurately addressed Reimbursement Request.
(g) The Recipient will not seek reimbursement of any Project Costs that have been reimbursed from other funding sources.
(h) The Recipient must use Project Funds within thirty (30) days of receipt to reimburse contractors, vendors, and other Project Costs. Any interest earned on Project Funds shall be reported to the State Water Board and will either be required to be returned to the State Water Board or deducted from future reimbursements. In the event that the Recipient fails to disburse Project Funds to contractors or vendors within thirty (30) days from receipt of the Project Funds, the Recipient shall immediately return 162
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such Project Funds to the State Water Board. Interest shall accrue on such Project Funds from the date of reimbursement through the date of mailing of Project Funds to the State Water Board. If the Recipient held such Project Funds in interest-bearing accounts, any interest earned on the Project Funds shall also be due to the State Water Board. (i) The Recipient shall submit its final Reimbursement Request no later than the Final Reimbursement Request Date specified herein. If the Recipient fails to do so, then the undisbursed balance of this Agreement may be deobligated.
(j) The Recipient agrees that it will not request a reimbursement unless that cost is allowable, reasonable, and allocable.
(k) Notwithstanding any other provision of this Agreement, no reimbursement shall be required at any time or in any manner that is in violation of or in conflict with federal or state laws, policies, or regulations. (l) The Recipient agrees that it shall not be entitled to interest earned on undisbursed Project Funds.
(m) No work or travel outside the State of California is permitted under this Agreement unless the Division provides prior written authorization. No work or travel outside the United States of America is authorized. Failure to comply with this restriction may constitute an Event of Default and result in termination of this Agreement, pursuant to Exhibit C. Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx as of the date costs are incurred by the Recipient.
(n) The Recipient must include any other documents or requests required or allowed under this Agreement.

B.7 CONTINGENT DISBURSEMENT.

Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Project Funding Amount until Project Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Project Completion.

B.8 REVERTING FUNDS AND DISENCUMBRANCE.

In the event the Recipient does not submit Reimbursement Requests for all funds encumbered under this Agreement timely, any remaining funds revert to the State. The State Water Board may notify the Recipient that the project file is closed, and any 163
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remaining balance will be disencumbered and unavailable for further use under the Agreement.
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Exhibit C
EXHIBIT C – GENERAL TERMS AND CONDITIONS 2019-NOV
GENERAL TERMS AND CONDITIONS 2019-NOV is incorporated by reference and is posted at https://www.waterboards.ca.gov/water_issues/programs/grants_loans/general_terms.html 165
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Exhibit D
EXHIBIT D – SPECIAL CONDITIONS
D.1 PROGRAMMATIC CONDITIONS.

Prior to the disbursement of Project Funds, the Recipient must submit an opinion of general counsel, satisfactory to the Division and Division’s counsel, certifying that the Recipient has obtained sufficient property rights in the Project property for the purposes contemplated in the Agreement and that those property rights extend throughout the term of the Agreement.

D.2 DEFINITIONS.

Each capitalized term used in this Agreement has the following meaning:
 "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative by title.  “Eligible Work Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any costs may be incurred and eligible for reimbursement hereunder.
 “Event of Default” means, in addition to the meanings set forth in Exhibit C, the occurrence of any of the following events:
a) A material adverse change in the condition of the Recipient, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement. b) Failure to operate the Project, unless the Division has given its approval for such non-operation;
 “Guidelines” means the State Water Board’s “Proposition 1 Storm Water Grant Program Guidelines – Amended for Round 2,” in effect as of the execution date of this Agreement.
 “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Recipient; non-project-specific accounting and personnel services performed within the Recipient organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; generic overhead or markup; and taxes.
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 “Match Contribution” means funds provided by the Recipient towards the Project Costs incurred after the approval of Proposition 1 (November 4, 2014) and prior to the Work Completion Date as stated on the Cover Page of this Agreement.

Funds spent on ineligible Project Costs do not constitute Match Contribution.  “Project Director” means an employee of the Recipient designated by the Authorized Representative to be responsible for the overall management of the administrative and technical aspects of the executed Agreement.  “Recipient” means City of South Lake Tahoe.
 “Useful Life” means the economically useful life of the Project beginning at Work Completion and is set forth in Exhibit A.

D.3 ADDITIONAL REPRESENTATIONS AND WARRANTIES.

The Recipient has not made any untrue statement of a material fact in its application for this financial assistance or omitted to state in its application a material fact that makes the statements in its application not misleading.

The Recipient agrees to fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of its request for funding under this Agreement.

The execution, delivery, and performance by the Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date of execution of this Agreement by the Recipient, or result in any breach or default under any contract, obligation, indenture, or other instrument to which the Recipient is a party or by which the Recipient is bound as of the date of execution of the Agreement by the Recipient.

Except as set forth in this paragraph, there are, as of the date of execution of this Agreement by the Recipient, no pending or, to the Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which materially affect the financial condition or operations of the Recipient and/or the Project.

There are no proceedings, actions, or offers by a public entity to acquire by purchase or the power of eminent domain any of the real or personal property related to or necessary for the Project.

The Recipient is duly organized and existing and in good standing under the laws of the State of California. The Recipient must at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Within the preceding ten (10) years, the Recipient has not failed to demonstrate compliance with state or federal audit disallowances.
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Any financial statements or other financial documentation of the Recipient previously delivered to the State Water Board as of the date(s) set forth in such financial statements or other financial documentation: (a) are materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of such financial statements or other financial documentation, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements or other financial documentation been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by the Recipient and approved in writing by the State Water Board.

The Recipient is current in its continuing disclosure obligations associated with its material debt, if any.

The Recipient has no conflicting or material obligations, except as set forth in this paragraph.

The Recipient has sufficient real or personal property rights necessary for the purposes of this Agreement, not subject to third-party revocation, which rights extend at least to the Records Retention End Date of this Agreement, except as disclosed to the State Water Board. The Recipient has disclosed to the State Water Board all proceedings, actions, or offers of which the Recipient has knowledge or belief that may in any way affect the Recipient’s ability to access or legally possess all of the property necessary for the purpose of this Agreement, including any proceedings, actions, or offers to lease, purchase, or acquire by eminent domain any of the real or personal property related to or necessary for the Project.

The Recipient legally possesses property access rights to any real or personal property necessary for the purposes of this Agreement for which the Recipient does not legally possess all real or personal property rights.

The Recipient and its principals, contractors, and subcontractors to the best of the Recipient’s knowledge and belief, are not presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized; nor have they engaged or permitted the performance of services covered by this Agreement from parties that are debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized.

D.4 ACKNOWLEDGEMENTS.

The Recipient must include the following acknowledgement in any document, written report, or brochure to be shared with the general public prepared in whole or in part pursuant to this Agreement:
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“Funding for this project has been provided in full or in part under Proposition 1 – the Water Quality, Supply, and Infrastructure Improvement Act of 2014 through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”
D.5 DAMAGES FOR BREACH OF TAX-EXEMPT STATUS.

In the event that any breach of any of the provisions of this Agreement by the Recipient results in the loss of tax-exempt status for any bonds of the State or any subdivision or agency thereof, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government by reason of any arbitrage profits, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.

D.6 ENVIRONMENTAL CONDITIONS.

The document identified below is incorporated by reference and the Recipient shall comply with all applicable measures, conditions, and recommendations therein related to Biological Resources (BIO-1), Cultural and Tribal Resources, Hydrology & Water Quality:
 Initial Study/Mitigated Negative Declaration/Initial Environmental Checklist, City of South Lake Tahoe’s Tahoe Valley Stormwater and Greenbelt Improvement Project (May 9, 2019).

In the Recipient’s Progress Reports and Final Project Reports, submitted pursuant to this Agreement, the Recipient shall include a discussion of the status of its compliance with these measures, conditions, and recommendations.

D.7 RETURN OF FUNDS.

Notwithstanding any other provision of this Agreement, if the Division determines that an Event of Default has occurred, the Recipient may be required, upon demand, to immediately return to the State Water Board any grant amounts received pursuant to this Agreement and pay interest at the highest legal rate on all of the foregoing.

D.8 OPERATION AND MAINTENANCE.

The Recipient shall sufficiently and properly staff, operate, and maintain the facility and structures constructed or improved as part of the Project throughout the term of this Agreement, consistent with the purposes of this Agreement. The Recipient assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management, or operation. 169
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D.9 INSURANCE.

The Recipient will procure and maintain or cause to be maintained insurance on the Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the Project) as are usually covered in connection with systems similar to the Project. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program.

In the event of any damage to or destruction of the Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the Project. The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the Project must be free and clear of all claims and liens.

The Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.

D.10 CONTINUOUS USE OF PROJECT; NO LEASE, SALE, TRANSFER OF OWNERSHIP, OR DISPOSAL OF PROJECT.

The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the Useful Life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due. 170
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Exhibit D
D.11 NOTICE.

Upon the occurrence of any of the following events, the Recipient must notify the Division’s Deputy Director and Project Manager by phone and email within the time specified below:
(a) The Recipient must notify the Division within twenty-four (24) hours of any discovery of any potential tribal cultural resource and/or archaeological or historical resource. Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction, the Recipient must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient must implement appropriate actions as directed by the Division.
(b) The Recipient must notify the Division within five (5) business days of the occurrence of any of the following events:
(1) Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing; (2) Change of ownership of the Project (no change of ownership may occur without written consent of the Division);
(3) Loss, theft, damage, or impairment to the Project;
(4) Events of Default, except as otherwise set forth in this section; (5) Failure to observe or perform any covenant or comply with any condition in this Agreement;
(6) An offer from a public entity to purchase the Project or any portion thereof, or any of the real or personal property related to or necessary for the Project; or
(7) A proceeding or action by a public entity to acquire the Project by power of eminent domain.
(c) The Recipient must notify the Division in writing within ten (10) business days of the following events:
(1) Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity or the Recipient’s continued existence;
(2) Consideration of dissolution, or disincorporation;
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(3) Adverse tax opinions, the issuance by the Internal Revenue Service or proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices of determinations with respect to the tax status of any tax-exempt bonds; or
(4) Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
(d) The Recipient must notify the Division promptly of any of the following events:
(1) The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this financial assistance, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors;
(2) Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change;
(3) Cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
(4) Any circumstance, combination of circumstances, or condition, which is expected to or does delay Work Completion for a period of ninety (90) days or more;
(5) Any Project monitoring, demonstration, or other implementation activities required in this Agreement, if any;
(6) Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division;
(7) Any event requiring notice to the Division pursuant to any other provision of this Agreement;
(8) The award of the prime construction contract for the Project and initiation of construction of the Project; and
(9) Work Completion, and actual Project Completion.

D.12 FRAUD, WASTE, AND ABUSE.
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The Recipient shall prevent fraud, waste, and the abuse of Project Funds, and shall cooperate in any investigation of such activities that are suspected in connection with this Agreement. The Recipient understands that discovery of any evidence of misrepresentation or fraud related to Reimbursement Requests, invoices, proof of payment of invoices, or other supporting information including, but not limited to, double or multiple billing for time, services, or any other eligible cost, may result in referral to the Attorney General’s Office or the applicable District Attorney’s Office for appropriate action. The Recipient further understands that any suspected occurrences of false claims, misrepresentation, fraud, forgery, theft or any other misuse of Project Funds may result in withholding of reimbursements and/or the termination of this Agreement requiring the immediate repayment of all funds disbursed hereunder.

D.13 DISPUTES.

The Recipient must continue with the responsibilities under this Agreement during any dispute. The Recipient may, in writing, appeal a staff decision within thirty (30) days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within thirty (30) days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board’s Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board.

Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute. This provision does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law. This section relating to disputes does not establish an exclusive procedure for resolving claims within the meaning of Government Code sections 930 and 930.4.

D.14 STATE PROGRAM REQUIREMENTS.
 Eminent Domain Prohibited. (Wat. Code, § 79711.) Where land acquisition is otherwise authorized under this Agreement, Project Funds and Match Contribution shall not be used to acquire land via eminent domain.  Governor’s Infrastructure Plan. (Gov. Code, § 13100.) The Recipient shall ensure that the Project shall maintain consistency with section 13100 of the Government Code (five-year infrastructure plan).
 SBx7-7: Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.). SBx7-7 conditions the receipt of a water management grant or loan for urban water suppliers on achieving gallons per capita per day reduction targets with the end goal of a twenty percent (20%) reduction by 173
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2020. Recipients that are urban water suppliers shall provide proof of compliance with SBx7-7.
 Sustainable Groundwater Management Act (SGMA) Compliance (Wat. Code, § 10720-10737.8). To the extent required under SGMA, the Recipient shall comply with the following:
o If, after July 1, 2017, the Project is or will be located in a non-adjudicated high- or medium-priority California Statewide Groundwater Elevation Monitoring (CASGEM) basin, the Recipient shall ensure that a Groundwater Sustainability Agency (GSA) has formed or an alternative has been submitted to the Department of Water Resources (Wat. Code, § 10735.2 (a)(1)).
o If, after January 31, 2020, the Project is or will be located in a nonadjudicated high- or medium-priority CASGEM basin that is subject to critical conditions of overdraft, the Recipient shall ensure that the Project is consistent with an adopted Groundwater Sustainability Plan (GSP). o If, after January 31, 2022, the Project is or will be located in a nonadjudicated high- or medium-priority CASGEM basin that is not subject to critical conditions of overdraft, the Recipient shall ensure that the Project is consistent with an adopted GSP.
 Water Quality Compliance. (Wat. Code, § 79707.) The Recipient shall ensure that the Project shall maintain consistency with Division 7 of the Water Code (commencing with section 13000) and Government Code section 13100.
 Water Quality Monitoring. (Wat. Code, § 79704.) If water quality monitoring is required as part of the Project, the Recipient shall collect and report water quality monitoring data to the State Water Board in a manner that is compatible and consistent with surface water monitoring data systems or groundwater monitoring data systems administered by the State Water Board.  Wild and Scenic Rivers. (Wat. Code, § 79711.) The Recipient shall ensure that the Project will not have an adverse effect on the values upon which a wild and scenic river or any other river is afforded protections pursuant to the California Wild and Scenic Rivers Act or the federal Wild and Scenic Rivers Act.

D.15 STATE CROSS-CUTTERS.

The Recipient represents that, as applicable, it complies and covenants to maintain compliance with the following for the term of the Agreement:
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 The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, section 15000 et seq.
 Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations.
 Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103.
 Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in sections 1725.5 and 1771.1 of the Labor Code.
 Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527.
 Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code, § 10610 et seq.).
 Urban Water Demand Management requirements, including the requirements of Water Code section 10608.56.
 Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, Title 23, section 5002.
 Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852.
 Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503.  The Recipient agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code.

D.16 EXECUTIVE ORDER N-6-22 — RUSSIAN SANCTIONS.

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State Water Board determine Recipient is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals 175
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or entities, that shall be grounds for termination of this Agreement. The State Water Board shall provide Recipient advance written notice of such termination, allowing Recipient at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State Water Board.

The Recipient represents that the Recipient is not a target of economic sanctions imposed in response to Russia’s actions in Ukraine imposed by the United States government or the State of California. The Recipient is required to comply with the economic sanctions imposed in response to Russia’s actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in California Executive Order N-6-22, located at https://www.gov.ca.gov/wpcontent/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf and the sanctions identified on the United States Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-andcountry-information/ukraine-russia-related-sanctions). The Recipient is required to comply with all applicable reporting requirements regarding compliance with the economic sanctions, including, but not limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Recipients with one or more agreements with the State of California with an aggregated value of Five Million Dollars ($5,000,000) or more. Notwithstanding any other provision in this Agreement, failure to comply with the economic sanctions and all applicable reporting requirements may result in termination of this Agreement.

For Recipients with an aggregated agreement value of Five Million Dollars ($5,000,000) or more with the State of California, reporting requirements include, but are not limited to, information related to steps taken in response to Russia’s actions in Ukraine, including but not limited to:
(a) Desisting from making any new investments or engaging in financial transactions with Russian institutions or companies that are headquartered or have their principal place of business in Russia; (b) Not transferring technology to Russia or companies that are headquartered or have their principal place of business in Russia; and (c) Direct support to the government and people of Ukraine. 176
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 6, 2022
Agenda Item #: 11
Agenda Item: Community Development Block Grant CV1 Subrecipient Agreement Amendment 2 for Catalyst Family Inc.

Executive Summary: In May 2021, the City received $138,951 in Community Development Block Grant (CDBG) Coronavirus Response Round 1 (CV1) grant funds. The City entered into a Subrecipient Agreement with Catalyst Family, Inc. to utilize CDBG-CV1 funds for childcare services. Catalyst Family, Inc. is requesting an amendment to the Subrecipient Agreement to revise the scope of work and increase the agreement funding amount. Catalyst Family, Inc. created the Pathways to Education Fund, which provides educational assistance to their staff. If the Subrecipient Agreement amendment is approved, Catalyst Family Inc., would provide educational assistance to their staff, continue to do outreach and market the different services they offer to the community, and the new scope of work will also include COVID 19 prevention training for their staff and grant management payroll cost. The amended agreement would include a new budget of $106,176 and a term ending May 1, 2023.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the City Manager to execute the Subrecipient Agreement Amendment 2 with Catalyst Family Inc., extending the term for an additional year to May 1, 2023, and increasing the budget from $96,750 to $106,176 with a revised scope of work.

Responsible Staff Member: Lydia Zuniga, Housing Programs Coordinator Responsible Staff Member: Lydia Zuniga, Housing Programs Coordinator (530) 542-7417 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Subrecipient Agreement Amendment 2 with Catalyst Family.docx 02-C-101-2021 - Catalyst Family Subrecipient Agreement
03 - Catalyst Family Subrecipient Agreement Amendment 1 04-Catalyst Family Subrecipient Agreement Amendment 2
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City of South Lake Tahoe
Report to City Council
Meeting Date: September 6, 2022
Title: Community Development Block Grant CV1 Subrecipient Agreement Amendment 2 for Catalyst Family Inc.

Location: Citywide
Responsible Staff Member: Lydia Zuniga, Housing Program Coordinator(530) 542-7417 Background: On August 11, 2020, the City Council adopted Resolution No. 2020-072 Coronavirus Response Grant. The Resolution authorized staff to apply for a Grant Application in the amount of $138,951 with the State Department of Housing and Community Development (HCD) for the Community Development Block Grant (CDBG) Coronavirus Response Round 1 (CV1) for Childcare Services. On May 3, 2021, staff received the Award Notification Letter in the amount of $138,950 with a performance period of 5/6/2021 to 5/6/2022. The City has subsequently received approval from HCD to extend the Standard Agreement term until 6/23/2023.

During the City Council meeting of September 7, 2021, the Council approved Subrecipient Agreements with the Boys and Girls Club of Lake Tahoe and Catalyst Family Inc. The Boys and Girls Club of Lake Tahoe agreement included an activity delivery budget of $42,775 and Catalyst Family Inc., activity delivery budget was $96,750. An amendment to the Subrecipient Agreement with Catalyst Family Inc to extend the term to end on November 6, 2022, was executed on April 27, 2022.

Issue and Discussion: The Boys and Girls Club of Lake Tahoe has been reimbursed $32,420.64 for salaries, cleaning supplies, safety equipment, tents, and extra payroll costs associated with Coronavirus response. Staff was informed by the Boys and Girls Club of Lake Tahoe that the agency would not be spending the remaining grant funded amount.

Catalyst Family, Inc., has not been able to proceed with reimbursements for the originally proposed staffing and training activities due to potential duplication of benefit from other funds. Catalyst Family, Inc has requested to amend the scope of work and has expressed interest in pursuing the remaining funds unused by the Boys and Girls Club. Catalyst Family Inc. created the Pathways to Education Fund, which provides educational assistance to their staff. If the Subrecipient Agreement amendment is approved, Catalyst Family Inc., would provide educational assistance to their staff, continue to do outreach and market the different services they offer to the community, the new scope of work will also include COVID 19 prevention training for their staff and grant management payroll cost. The amended agreement would include a new budget of $106,176 and a term ending May 1, 2023.

The Development Services Department has received approval from HCD to revise the Standard Agreement scope of work and budget consistent with the request from Catalyst Family Inc.

Financial Implications: Activities associated with this action are grant funded through CDBG Award/Contract number 20-CDBG-CV1-00075 and are accounted for in the CDBG Economic Development fund, 256-06021-33247 CDBG CV1Grant revenue account and 256-06021-42020 Professional Services expense account. $32,420.64 of the $138,950 grant has been spent with the remaining $106,530 budget available in the account.
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Environmental Considerations: The recommendation in this report is not a project under CEQA, because it does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(2) and 15378(b)(4) and is, therefore, not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3).

Policy Implications:

This action would be part of the City’s continuing emergency response to the COVID-19 crisis and is consistent with use of Federal funding provided by HCD. 179
SUBRECIPIENT AGREEMENT*

AGREEMENT BETWEEN CITY OF SOUTH LAKE TAHOE
AND
CATALYST FAMILY INC.

FOR
2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMCORONAVIRUS RESPONSE ROUND 1 THIS AGREEMENT, entered this 7th day of September, 2021 by and between the City of South Lake Tahoe (herein called the “Grantee”) and Catalyst Family Inc. (herein called the “Subrecipient”).

WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a CDBG Year 2020 Coronavirus Response Round 1 grant in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:

Activity Catalyst Family Incorporated located at 1029 Takela Drive Suite #2, South Lake Tahoe provides childcare services to low- and moderate-income families. The center offers homework support and academic enrichment actives, 30Fit, clubs, and open recreational programs. With the CDBG CV1 funding the center will hire two (2) additional staff for the year ahead. By doing such, the center will enroll an additional eight (8) preschool age children per teacher or fourteen (14) school age children per teacher. Catalyst Family Inc. also requested funds to support the marketing and recruitment efforts for these positions. Due to the COVID-19 pandemic, the agency had to reduce the group sizes, therefore additional staffing is necessary.

General Administration Grantee will set-up the grant administration files and will monitor the grant contract to ensure full compliance with HCD guidelines. For example, Grantee will review and track all expenditures prior to submitting reimbursement requests. Grantee will also maintain appropriate records and documentation to satisfy any audit requirements including proper closeout of the grant.

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B. National Objectives
All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208.*
The Subrecipient certifies that the activity (ies) carried out under this Agreement will meet the low and moderate income persons National Objective by implementing childcare and youth services to serve low and moderate income families.

C. Levels of Accomplishment – Goals and Performance Measures The levels of accomplishment may include such measures as units rehabbed, persons or households assisted, or meals served, and should also include time frames for performance.

The Subrecipient agrees to provide the following minimum levels of program services:

Activity Total Units
Childcare Services 8-14 [# of Units]
Units are defined as Low and Moderated clientele, which are children served D. Staffing
The following Subrecipient staff will be allocated to provide the services described in Section 1.A above:

Patricia Rodriquez, Catalyst Kids Program Director
Alexis Hughes, Assistant Site Supervisor
E. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated.

II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 7th day of September 2021 and end on the 6 th day
of May of 2022.
*Sample Form Only. Not to be Used as a Legal Contract.

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III. BUDGET
Line Item Amount:

Salaries $93,750.00
Reproduction/Printing/
Advertising $ 3,000.00
TOTAL $96,176.00
In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient.

IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $96,176.00. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance.

Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 24 CFR 84.21.

V. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.

Grantee:

Development Services Department
City of South Lake Tahoe
1052 Tata Lane
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
Subrecipient:

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Catalyst Family, Inc
1029 Takela Drive, Suite #2
South Lake Tahoe, CA 96150
Communication and details concerning this contract shall be directed to the following contract representatives:

Grantee Subrecipient
Hilary Roverud
Director of Development Services
City of South Lake Tahoe
(530) 542-6024
[email protected]
Susan Dumars
President
Catalyst Family, Inc.
(916) 286-7881
[email protected]
VI. SPECIAL CONDITIONS
Subrecipient must utilize funding to address a community child care issue that is related to the COVID-19 Pandemic and provided to residents within the City of South Lake Tahoe..

VII. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

B. “Independent Contractor”
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor.

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C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient’s performance or nonperformance of the services or subject matter called for in this Agreement.

D. Workers’ Compensation
The Subrecipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.

E. Insurance & Bonding
The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee.

The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and

84.48, Bonding and Insurance.

F. Grantee Recognition
The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.

G. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement.

The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient.

H. Suspension or Termination
In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following:

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1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time;

2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement;

3. Ineffective or improper use of funds provided under this Agreement; or

4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect.

In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety.

VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management

1. Accounting Standards
The Subrecipient agrees to comply with 24 CFR 84.21−28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars A-122, “Cost Principles for Non-Profit Organizations,” or A-21, “Cost Principles for Educational Institutions,” as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

B. Documentation and Record Keeping

1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement.

Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
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d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21−28; and
g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.

2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee’s annual performance and evaluation report to HCD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the fouryear period, whichever occurs later.

3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request.

4. Disclosure
The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Subrecipient’s responsibilities with respect to services provided under this contract, is prohibited by law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

5. Close-outs
The Subrecipient’s obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds.

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6. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Federal Government or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A-133.

C. Reporting and Payment Procedures

1. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient.

2. Progress Reports
The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee.

D. Procurement

1. Compliance
The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement.

2. OMB Standards
Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40−48.

3. Travel
The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement.

E. Use and Reversion of Assets
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The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable.

IX. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights

1. Compliance
The Subrecipient agrees to comply with City and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.

2. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.

1. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.

L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate.

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4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.

B. Affirmative Action

1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.

2. Women- and Minority-Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

3. Access to Records
The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.

4. Notifications
The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the Subrecipient’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer.

6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors.

C. Employment Restrictions

1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.

2. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S.

Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request.

The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.

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3. “Section 3” Clause
a. Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.

The Subrecipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement:
“The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.” The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs.

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The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications
The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
c. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

D. Conduct

1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee.

2. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance.
c. Content
The Subrecipient shall cause all of the provisions of this contract in its entirety to C-101-2021
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be included in and made a part of any subcontract executed in the performance of this Agreement.
d. Selection Process
The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process.

3. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.

4. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.

5. Lobbying
The Subrecipient hereby certifies that:
a. 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 C-101-2021
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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;
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and
c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly:
d. Lobbying Certification
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.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

6. Copyright
If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes.

7. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization.

X. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:

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- Clean Air Act, 42 U.S.C. , 7401, et seq.;
- Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder;
- Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.

B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).

C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.

D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement.

In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.

XI. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

XII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

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XIII. WAIVER
The Grantee’s failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

XIV. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement.

Date
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. [Grantee] [Subrecipient]
By__________________________________________By___________________________ Joseph Irvin, City Manager
Attest_______________________________________
Susan Blankenship, City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

______________________________________________
Heather Stroud, City Attorney
Title
C-101-2021
September 7, 2021
Susan Dumars , President
Fed. I. D. # 94-2376637
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Susan Dumars
8-24-22
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Amendment #2

SUBRECIPIENT AGREEMENT

AGREEMENT BETWEEN CITY OF SOUTH LAKE TAHOE
AND
CATALYST FAMILY INC.

FOR
2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMCORONAVIRUS RESPONSE ROUND 1 This Amendment is made on September 6, 2022 to the SUBRECIPIENT AGREEMENT entered into as of September 7, 2021 by and between the City of South Lake Tahoe a municipal corporation (City) and Catalyst Family Inc. (Subrecipient). The parties (“City” and “Subrecipient”) hereby agree Section I of the Subrecipient Agreement is hereby amended as follows:

I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a CDBG Year 2020 Coronavirus Response Round 1 grant in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:

Activity: Catalyst Family Incorporated located at 1029 Takela Drive Suite #2, South Lake Tahoe provides childcare services to low-and moderate-income families. The center offers homework support and academic enrichment actives, 30Fit, clubs, and open recreational programs. With the CDBG CV1 funding the center will provide Pathways to Education funds to eight staff for expenses such as tuition, books, and childcare that will allow them to receive their state certification.

In addition, Catalyst will provide information to the public about the job opportunities at the center, the Pathways to Education funds, and the South Lake Tahoe Catalyst Kids center services, including the new infant/toddler services.

Expenses will include media advertisements, direct mail, and hiring events.

Catalyst will offer current and new staff training via online COVID-19 Prevention Program Training, including additional payroll costs for administering the grant.

C. Levels of Accomplishment – Goals and Performance Measures The levels of accomplishment may include such measures as units rehabbed, persons or households assisted, or meals served, and should also include time frames for performance.

The Subrecipient agrees to provide the following minimum levels of program services:
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Activity Total Units
Childcare Services 8-14 39 total – 19 LMI (low to moderate income) Preschool Services 12 total – 7 LMI
Infant/Toddler Services 22 total – 12 LMI
Units are defined as Low and Moderated clientele, which are children served D. Staffing
The following Subrecipient staff will be allocated to provide the services described in Section 1.A above:

Caitlin Moran, Site Supervisor
ElizaBeth Phillips, Regional Director
2 new FTE Teachers
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 7th day of September 2021 and end on the 1st day of May of 2023.

II. BUDGET
In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient.

2. All other provisions of the Subrecipient Agreement shall remain in full force and effect 199

Date
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. [Grantee] [Subrecipient]
By________________________________________ By___________________________ Joseph Irvin, City Manager Susan Dumars, President

Attest_______________________________________
Susan Blankenship, City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

Fed. I. D. #___________________________
______________________________________________
Heather Stroud, City Attorney
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 6, 2022
Agenda Item #: 12
Agenda Item: Agreement with Trella Tahoe, Inc. for Snow Removal Operations Executive Summary: Staff is requesting City Council to approve the Professional Services Agreement with Trella Tahoe, Inc for snow removal operations. This snow removal agreement will provide services for the Airport, Fire Department, and Police Department with the removal of snow from their facilities.

Also, this agreement will remove snow from the Fire Rescue Facility, plus an on-call portion, if needed.

The total amount of this contract will not exceed $94,600.00 and this agreement would begin on November 1, 2022.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the City Manager to execute a contract with Trella Tahoe, Inc. for services related to snow removal operations at the Airport, Fire Department, Police Department, and Fire Rescue Facility, plus on-call service as needed for a term of November 1, 2022 to April 30, 2023 in an amount not to exceed $94,600.00.

Responsible Staff Member: John Dickinson, Airport Manager Responsible Staff Member: John Dickinson, Airport Manager (530) 542-6182 Reviewed and Approved By:

Anush Nejad, Director of Public Works
Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Snow Removal Agreement - Trella.docx
02-Trella Tahoe Proposal.pdf
03-Professional Service Agreement with Trella Tahoe, Inc. for Snow Removal Operations.pdf 201
Council Agenda Report September 6, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 6, 2022
Title: Professional Services Agreement with Trella Tahoe, Inc. for Snow Removal Operations
Location: Police Department, City Hall/Airport, Fire Department, and Various City Facilities/Roadways
Responsible Staff Member: John Dickinson, Airport Manager (615) 305-5850 Background: The City used an outside contractor for the Airport Facilities, Fire, and Police Departments to assist with snow removal and operations annually. The City issued a Request for Proposal on July 1, 2022, for Snow Removal Operations during the 2022/2023 winter season.

These services include Lake Tahoe Airport 1901 Lisa Maloff Way, Police Department facility at 1352 John Boulevard, three Fire Stations at 2101 Tahoe Blvd, 2951 Lake Tahoe Blvd, 1252 Ski Run Blvd, and Fire Rescue training facility at 1195 Rufus Allen Blvd. Finally, the services may also include various other areas within the City’s jurisdictional boundary, on an hourly basis, based on need.

Issue and Discussion: These services will close the resource gap and allow the City to manage the Airport Facilities, Police Department, and Fire Department with little issue. In addition, the Contract will allow a not-to-exceed hourly service to provide additional resources to the City, if needed, during heavy storm events or special needs.

The project was advertised on Planet Bids and 13 prospective bidders downloaded the RFP. The City received two bid responses from Trella, Tahoe, Inc., and Mammoth Snow Removal. A threepanel member ranked the two proposals. Trella Tahoe, Inc. was ranked number 1 with a not-toexceed contract amount of $94,600.00, including the optional services (See Attachment 2).

Overall Scores between three (3) panel members are shown below:

Rank Firm Cumulative Score
1 Trella Tahoe Inc. 284
2 Mammoth Snow Removal 224
The Contract break-down of cost include:
• Airport Property: $49,500.00
• Police Department Snow Removal Operation: $9,000.00
• Fire Department Snow Removal Operation (3-sites): $17,700.00 • Fire Rescue Facility: $3,400.00
• On-Call Additional Facilities or Roadway (on an As-Needed basis): $15,000.00 202
Council Agenda Report September 6, 2022 Page 2 of 2
The on-call component of the Contract will be used if needed to manage storm events. Optional services will be used if there are staffing deficiencies or equipment breakdowns. The optional provision will allow the Public Works Department to respond to community needs appropriately.

Financial Implications: The Snow Removal contract will be funded through budget items 501- 05120-42025 Airport Terminal Building/Contract Services ($40K available in FY 2023 approved budget), 207-03610-42025 Snow Removal/Contract Services ($50K is available in FY 2023 approved budget), and 100-03310-42025 Facilities Maintenance/Contract Services ($5K is available in FY 2023 budget). In order to charge only eligible snow removal costs to the reimbursable Snow Removal Fund 207, budget transfers between funds will be requested during FY 2023 mid-year budget review process.

Environmental Considerations: The Project is considered Categorically Exempt (CE) from review under CEQA under CEQA Guidelines section 15301 (Existing Facilities) because it consists of the operation of existing public facilities and mechanical equipment involving negligible or no expansion of use.

Policy Implications: This is a regular City operation, and there are no policy implications. 203
Trella Tahoe Inc.
930 Mule Deer Circle,
South Lake Tahoe, CA 96150
530-318-8537
[email protected]
www.trellatahoe.com
We are honored to be included in the following Request for Proposal #AIRPORT070122. Thank you for your time and consideration.

Trella Tahoe Inc. is a locally owned and operated family run business. Although just established in 2019, we at Trella Tahoe Inc. have over 15 years of experience with snow removal in the Lake Tahoe region. We are equipped with multiple unique pieces of equipment that have been proven to work successfully without hiccup at your properties for several years and will produce a clean and thorough job while have little to no negative impact to your property.

Our company currently employs six seasonal employees of whom will all be a part of this opportunity during snow events. This ensures 24‐hour service for the not so normal timing of snowstorms in the sierras. We own several pieces of proven effective equipment that will be dispatched to the proposed properties during snow removal events which all have an average age of less than 10 years old. Our equipment will be stored with in a 5‐minute drive to your properties ensuring our dispatch time will second to none. The owner Phil Trella, a lifelong resident of South Lake Tahoe, has had many years of experience clearing and managing the airport property with a former contractor. Trella Tahoe serviced all proposed properties last year without complaint and we will consistently be monitoring weather conditions to keep your property cleared and maintained regardless of storm size or duration.

Trella Tahoe has completed several seasonal contracts including the 2021/ 2022 seasonal snow removal with the City of South Lake Tahoe, we remain in good standing with all our prior year snow removal customers.

Please do not hesitate to contact me at any time if there is any questions or comments on how we can continue to provide you with the excellent service you have come to expect from us in the many past years!
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List of Equipment
Trella Tahoe Inc. will use a combination of the following equipment with up Six to operators for each snow
removal event. Any of these machines with operator will be available after the contracted work is complete for
any additional assistance The City may need throughout
the winter.

A. Caterpillar 938GII loader with Metal Pless
Plowmaxx snow blade/pusher combination, also
bucket if needed
B. Caterpillar 924K loader with Metal Pless Plowmaxx
snow blade/pusher combination, also bucket if
needed.

C.Caterpillar 950 with push box, angle blade. Or
bucket.

D.Multihog Mx 120 tractor with 80” industrial snow
blower (this is the nearly the same machine the
airport is purchasing for city employee use)
E. Bobcat A300 high flow all steer loader with 84”
industrial snow blower, or Metal Pless Plowmaxx
F. 2 Chevrolet 3500 pickup trucks with angle
snowplows
G. 2 Honda HS928 walk behind snow blowers
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City of South Lake Tahoe
2022/2023 Seasonal Snow Removal Contract (AIRPORT070122), bidding on 08/02/2022 3:00 PM (PDT)

Printed 08/03/2022
PlanetBids, Inc.
206
City of South Lake Tahoe
2022/2023 Seasonal Snow Removal Contract (AIRPORT070122), bidding on 08/02/2022 3:00 PM (PDT)

Printed 08/03/2022
PlanetBids, Inc.
207
City of South Lake Tahoe
2022/2023 Seasonal Snow Removal Contract (AIRPORT070122), bidding on 08/02/2022 3:00 PM (PDT)

Printed 08/03/2022
PlanetBids, Inc.
208

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 1st day of November 2022 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Trella Tahoe, 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,” 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.
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2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement on November 1, 2022 at 12:01 AM PDT and continue until 11:59 PM PDT April 30, 2023.

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. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $94,600.00 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. 210
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. 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, from records shall be available at Consultant’s address indicated for 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, 211
unless an alternative is mutually agreed upon, the 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 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 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 212
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,
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.
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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 costs and expenses in connection therein), arising out of this Agreement or 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, 214
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 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 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
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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. 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.
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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.

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: Lake Tahoe Airport
1901 Lisa Maloff Way, Suite 100.

South Lake Tahoe, CA 96150
Email: [email protected]
Tel: (530) 524-6182
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
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Email: [email protected]
Tel: (530) 542-7478

If to Consultant: Phil Trella, Owner
Trella Tahoe, Inc.
930 Mule Deer Circle
South Lake Tahoe, CA 96150
Email: [email protected]
Tel: (530) 318-8537

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 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.
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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. 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;
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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 C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.

25. 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.

26. 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.
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27. 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.

28. 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.

29. 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.

30. Time is of the Essence. Time is of the essence for this Agreement.

31. 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: TRELLA TAHOE, INC.

By___________________________ By ________________________________ Joseph Irvin, City Manager Phil Trella, Owner

Business License # 011500
APPROVED AS TO FORM:

By____________________________
Heather Stroud, City Attorney
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ATTEST:

By____________________________
Susan Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
Exhibit D- Proof of Workers Compensation Insurance and General Commercial Liability Insurance
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EXHIBIT A

SCOPE OF SERVICES
The Contractor will provide equipment and manpower necessary to clear snow from the Lake Tahoe Airport Public Parking Lot, Airport Road, and Hangar Rows, as shaded areas in the map for a six-month contract period. Contracts start on November 1, 2022 and span until April 30, 2023. All contracts with the City of South Lake Tahoe require a contractor to maintain a City of South Lake Tahoe Business License. A City of South Lake Tahoe Business License can be obtained online from the address: https://cityofslt.us/451/Business-Professions-Tax Lake Tahoe Airport Contract Snow Removal Areas Are Shaded

HANGAR AREA
Airport Road and

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City Police Station Headquarters Snow Removal Areas are Shaded 1352 Johnson Boulevard, South Lake Tahoe, CA 96150
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City Fire Rescue Station 1 Snow Removal Areas are Shaded 1252 Ski Run Boulevard, South Lake Tahoe, CA 96150
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City Fire Rescue Station 2 Snow Removal Areas are Shaded 2951 Lake Tahoe Boulevard, South Lake Tahoe, CA 96150
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City Fire Rescue Training Center Snow Removal Areas are Shaded 1195 Rufus Allen Boulevard, South Lake Tahoe, CA 96150
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City Police Station Headquarters
All paved parking Areas inside fence will be cleared, dirt road between two parking areas will be cleared, entrance nearest the cemetery will be cleared.

City Fire Rescue Stations
At the four Fire Rescue Facilities identified the standard to start snow removal operations is when 3” or more of snow is observed on pavements at any one of the facilities. The snow should not be allowed to accumulate more than 3” at any Fire Station as these are mission critical infrastructure to the community.

During a prolonged winter storm event, a Contractor should plan on multiple site visits to the Fire Rescue Stations to ensure that snow accumulations remain 3 inches or below during a 24-hour period. Please note these facilities are staffed 24/7/365. Graveyard shift work maybe required. The ramp areas and vacant parking should be cleared for station shift change scheduled at 0600 hours daily.

The Fire Rescue Training Facility located at 1195 Rufus Allen Boulevard, South Lake Tahoe, CA 96150 can be cleared once a day rather than at the 3-inch snow depth limit. Clearing can occur late morning through early afternoon as Contractor schedule permits. Snow storage locations are depicted on maps provided by Fire Rescue.

All paved parking areas will be cleared at Fire Stations 1, 2, and 3 and the fire station training facility. This contract includes 2101 Lake Tahoe Blvd, 2951 Lake Tahoe Blvd, and 1252 Ski Run Blvd and 1195 Rufus Allen Blvd. 228
Lake Tahoe Airport
At the airport on the North face of the hangars, the Airport is requesting that during snow clearing
hangar building that a
push snow blower or
tracked blower be
employed to clear snow
between the face of the
building to a distance of
4-5 feet out from the
building face for each
hangar building. The
remaining snow can be
removed using a loader
or comparable
equipment.

Mechanical snow
removal operations will
commence after snow accumulations on airport property reaches three (3) inches or greater in accumulated snow depth. The snow contractor will be expected to dispatch a removal crew when these conditions are observed. The airport will not be required to request service. The airport will only request service if it discovers that a snow removal crew was never dispatched by the contractor.

The date and times of service under this contract are dependent on local winter weather conditions and can require multiple site visits should snow accumulations reach more than 3” more than once in a 24-hour period.

The airport is open seven days a week, 365 days per year. The Snow Removal Contractor agrees to meet its obligations to clear snow from 0500 am – 10:00 pm when conditions warrant.

When snow conditions exist on the ground at a depth of 3” or greater, the Contractor. agrees to clear a route along Lisa Maloff Way (formerly Airport Road) to allow for entry and exiting of vehicles and at minimum of fifteen (15) vehicle spaces at the public airport parking lot by 6:30 a.m. to allow the opening of City/Airport/Tenant offices at 7:00 am daily. Additional vehicle parking spaces can be cleared after the initial 15 spaces are available at 6:30 a.m.
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Contractor agrees to adhere to the Lake Tahoe Airport Winter Operations Plan provided (Exhibit A). Contractor is to complete snow removal operations in the following priority order:

1. Clear snow from the surface of Lisa Maloff Way and ensure snow berms created from U.S. Hwy 50 (Caltrans) snow removal operations are removed allowing access into and out from the airport. Clear snow starting at the terminal frontage curbs and pile snow west along the sidewalk and retaining wall in front of the parking lot. Clear fifteen vehicle parking spots along the Eastern row of the public airport parking lot during any storm daily before 06:30 am Pacific Time (Frequency storm to storm when snow accumulation reaches depth of 3” or more. May require more than one visit by Contractor in one day if conditions warrant)

2. Clear the remaining vehicle parking spaces in the public parking lot by pushing snow West towards U.S. Highway 50. Clean up snow on Airport Road providing for two lanes at the entry and exit and the single lane road access to the City owned hangars and the other single lane road access to Gate V1. (Frequency storm to storm when snow accumulation reaches depth of 3” or more. May require more than one visit by the Contractor in one day if conditions warrant)
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3. Contractor will clear in between hangar buildings pushing snow east and piling the snow as far East along Taxilane Delta. Snow will be piled on Taxilane Delta in a manner that allows for City personnel to use a Kodiak blower to throw the snow accumulated from the hangar rows into the West Airport Storm Water Ditch. There are two solutions. Solution one is to use a loader to push and pick up snow depositing it into the stream area (clear of the taxiway surface). Solution two is to spread the snow out along Taxiway Delta so that it is no more than 5 feet high (tall) so that the Airport Kodiak can come in after and blow the snow into the stream area.

The snow depth on hangar taxilanes between buildings should not exceed 36 inches before initiating snow clearing operations. A multiday winter storm event may require multiple snow removal response efforts to prevent snow from accumulating to an excessive depth.

The Contractor agrees to clear hangar rows in a timely manner post-storm event or upon request by the airport.
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The Contractor is not responsible for the following snow removal activities at the Airport under this contract:

A. Sanding of roadway, parking lot or any paved areas,
B. Clearing of snow from sidewalks and pedestrian areas, C. Clearing of snow from areas not specified in this contract unless directed by the Airport Manager through on-call services specified in this RFP, D. Placing any snow melt chemicals on any surfaces at the airport, At no time and under no circumstances will Snow Removal Contractor equipment or personnel access Runway 18/36 without the expressed permission of the airport manager. The Contractor acknowledges that aircraft, rotorcraft, and emergency vehicles have right of way at all times.

No Show
Failure to initiate snow removal at the airport when 3 inches of snow is present on the pavement will result in a $500.00 deduction per occurrence from the contract price. City Officials will contact the snow removal contractor if City Fire, Police or Airport management observes that a response has not yet been initiated by the snow removal contractor. Failure to respond within a three-hour period after telephone notification from City officials is considered a “no-show” and will be subject to the $500 deduction in payment. City Officials will only call the snow removal contractor in the event that 3 inches or more snow is observed on the ground at one of the City facilities identified in this RFP: (Airport, Police Station, Fire Stations 1, 2 & 3). No show provisions do not apply to on demand call outs made for snow removal services based on City need. These will be coordinated as needed between the Contractor and the City.

1. Contract is subject to California Prevailing Wages
Pursuant to California Department of Industrial Relations Public Works Case 2016015 (found following this section), the provisions of California Labor Code, Sections 1770 to 1780, inclusive thereof apply to the Contractor, and any subcontractor, of any tier for snow removal services. California Labor Code section 1773.51 requires the Contractor to pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations.

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Pursuant to the provisions of California Labor Code Section 1773.2, the Contractor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the Work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the City's office. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774. These rate determinations are found on the State of California Depa11rnent of Industrial Relations' website at:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.

The Contractor is required to register with the California Department of Industrial Relations (DIR) at https://www.dir.ca.gov/Public-Works/Contractors.html before initiating work on this project. Notice to Proceed will not be granted by the City until proof of registration with the DIR is provided. It is the responsibility of the Contractor to:

• Register as a public works contractor
• Pay prevailing wages
• Follow apprenticeship requirements
• Maintain and submit certified payroll records to the California Department of Industrial Relations

In accordance with Section 1776(h) of the Labor Code the Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with the payroll record requirements in the event of noncompliance. Should noncompliance still be evident after the 10-day period, the Contractor shall, as a penalty to the City, forfeit One Hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. The Contractor shall be responsible for compliance with this section.

In accordance with Section 1775 of the Labor Code, the Contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which 233
such worker is employed for any public work done under the contract by him or her or by any subcontractor under him or her. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor.

Pursuant to Public Resources Code section 75075, the Project shall be subject to the labor compliance program, which shall comply with the requirements of subdivision (b) of Labor Code section 1771.5, including, without limitation, that all Project contractors and subcontractors shall maintain and furnish, at a designated time, a certified copy of each weekly payroll containing a statement of compliance signed under penalty of perjury.

Pursuant to California Senate Bill Number 854:
• No contractor or subcontractor may be listed on a proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
• No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. • This project is subject to compliance monitoring and
enforcement by the Department of Industrial Relations
Apprenticeship Requirements
All public works contracts valued at $30,000 or more carry an obligation to hire apprentices, unless the craft or trade does not require the use of apprentices, as indicated in the corresponding prevailing wage determination. This duty applies to all contractors and subcontractors on a project, even if their part of the project is less than $30,000.
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The Division of Apprenticeship Standards (DAS) provides assistance to contractors who need to employ apprentices on public works projects and may grant exemptions to the requirement to hire apprentices.

For More Information on Apprenticeship Requirements
• Please visit the DAS page on public works for information on apprenticeship requirements, forms, exemptions and training fund contributions.
• Contact: [email protected]
• Frequently Asked Questions about apprenticeship
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Public Works Case No. 2016-015, Snow Removal and Snow Staking Services is Considered “Maintenance” and subject to California Prevailing Wages. 236
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EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
One Snow Season Price

1. Lumps Sum Cost Airport Property $49,500.00

2. Lump Sum Cost Police Department $9,000.00

3. Lump Sum Cost Fire Department $17,700.00

4. Lump Sum Cost Fire Rescue Facility $3,400.00

5. On-Call Additional Facilities or Roadway $15,000.00
Estimated fees (not to exceed) $94,600.00

Travel and out-of-pocket expenses $0.00
(travel is included in the TOTAL (not to exceed amount) TOTAL (not to exceed) $94,600

TIMELINE
Contract starts at 12:01 am on November 1, 2022 and ends on 11:59 pm on April 30, 2023. Snow response requirements are provided in Exhibit A: Scope of Services. 238

EXHIBIT C

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: Trella Tahoe, Inc.

Phil Trella, Owner
By:________________________________________
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EXHIBIT D
Proof of Workers Compensation Insurance and General Commercial Liability Insurance and Commercial Vehicle Insurance
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 6, 2022
Agenda Item #: 13
Agenda Item: Agreement with JYB Solutions, LLC for Custodial Services Executive Summary: Staff is requesting City Council approve the Professional Services Agreement with JYB Solutions for Custodial Services at City Hall/Airport. This custodial contract will provide the necessary routine cleaning and maintenance needed year-round. The total amount of this contract will not exceed $46,439.00 for year one, to be adjusted annually by the Consumer Price Index. This agreement will be effective on October 1st 2022 for a one-year term with four possible one-year extensions.

Requested Action / Suggested Motions: Pass a Resolution Amending Fiscal Year 2022-2023 Budget by appropriating $46,439.00 from General Fund Undesignated Excess Reserves and authorizing and directing the Mayor to execute an Agreement with JYB Solutions, LLC for the City Hall/Airport Custodial Services for an amount not to exceed $46,439.00 for year one, for a term of one year with four one-year extensions.

Responsible Staff Member: John Dickinson, Airport Manager Responsible Staff Member: John Dickinson, Airport Manager (530) 542-6182 Reviewed and Approved By:

Anush Nejad, Director of Public Works
Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01-Staff Report-Airport Custodial Services.docx
02-JYB Solution RFP Proposal.pdf
03-Professional Services Agreement with JYB for Airport Custodial Services.pdf 04-Resolution for Airport Custodial Services.docx
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Council Agenda Report September 6, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 6, 2022
Title: Professional Services Agreement with JYB Solutions LLC for Custodial Service at City Hall/Airport
Location: City Hall/Airport
Responsible Staff Member: John Dickinson, Airport Manager (615) 305-5850 Background: The City issued a Request for Proposal on July 5, 2022, for custodial services for the period of October 1, 2022, to September 30, 2023, with the ability to extend up to four years, at the sole discretion of the City. This service will include cleaning and disinfecting City Hall/Airport. The Project was advertised on Planet Bids. Twenty-three prospective bidders downloaded the Request for Bids.

Issue and Discussion: City Hall/Airport is looking to secure a contract for professional custodial services, which will provide the necessary routine interior cleaning, and specified building maintenance services for areas that need attention. This will allow Airport Staff to perform work on the airfield and other needs to meet FAA and City requirements.

City received two bid responses from JYB Solutions, LLC and Green Pro Service, LLC., and was rated by three-panel members. JYB Solutions LLC. was the top-ranked firm with a bid in the amount of $46,439.00 (See Attachment 2). The total break of the contract is below:
 Cost for the regular service is $44,439.00
 Deep cleaning twice a year $2,000.00
The combined scores between three (3) panel members are listed below:

Rank Firm Cumulative Score
1 JYB Solutions, LLC 294
2 Green Pro Services, LLC 258
Financial Implications:

The Custodial Contract with JYB Solutions LLC will be funded through budget item 501-05120- 43023 from the Airports budget. Additional funding is required due previous budget discussions and plans to fund custodial services by adding a new permanent full-time position. The new position request was not approved during the budget preparation process and additional funds weren’t allocated for the contract services. A budget amendment to fiscal year 2022-2023 budget is required to award this services contract.
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Council Agenda Report September 6, 2022 Page 2 of 2
Environmental Considerations: Execution of this agreement for janitorial services is not a “project” subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(2) because it is a continuing administrative or maintenance activity.

Policy Implications: There are no policy implications resulting from the execution of FY 22/23 City Janitorial Services contract with JYB Solution, LLC. 244
1 Bid Proposal
For
Custodial/Janitorial Services
Lake Tahoe City Hall/Airport Terminal
Presented by:

Mr. John Youngblood
JYB Solutions, LLC
24001 Calle De La Magdalena Suite #2401
Laguna Hills, CA. 92654
949-273-1192
www.jybsolutions.com
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2 July 17, 2022
Lake Tahoe Airport
ATTN: Anush Nejad, Director
Public Works
1901 Airport Rd Suite 100
South Lake Tahoe, CA. 91650
JYB Solutions, LLC would like to thank you for the opportunity for allowing us to submit a bid proposal for the City of Lake Tahoe. We are pleased to submit the following proposal for Janitorial Services for your City Hall/Airport Terminal.

JYB Solutions, is a well-established commercial cleaning and facilities management company. We recognize the importance in keeping your facilities, sanitized, cleaned, polished and presentable at all times. By partnering with JYB Solutions, you will receive cost effective green cleaning solutions, that will meet all of your facility’s needs. This bid proposal shall remain valid, for a period no less than 120 days from the date of submittal.

Thank you for your time and consideration. Please contact us with any presentation requests, questions or concerns you have, and we will be pleased to provide you with any additional information you require. JYB Solutions, is looking forward to developing a long-lasting partnership with the City of Lake Tahoe.

Sincerely,
Mr. John Youngblood
President/CEO
[email protected]
949-273-1192 Ext 700
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3 Table of Contents
COVER PAGE………………………………………………………………………………………………… 1
COVER LETTER……………………………………………………………………………………………… 2
EXECUTIVE SUMMARY…………………………………….…………………………………………….4
COMPANY HISTORY, BACKGROUND & EXPERIENCE…………………………………..….5 SCOPE OF WORK/IMPLEMENTATION…………………………………………………………….8
PROJECT BUDGET……….……………………………………………………………………………….30
DESCRIPTION OF RECENT PROJECTS/REFERENCES………………………………………..31 247
4 EXECUTIVE SUMMARY
JYB Solutions, specializes in providing janitorial services for your specific building and facilities. We customize our services based on your building’s floorplans, existing facilities and the number of daily, weekly and monthly users. Services that we will provide your facilities includes: spot cleaning, window wipe downs, kitchen/oven hood cleaning, stainless steel appliance polishing/restoration, vacuuming, mopping, sweeping, pressure washing, floor waxing/stripping, sanitizing and trash removal. In addition to this, we will make sure all items requested in this RFP remain fully stocked at all times. Our green cleaning solutions, and trained workers provide special care and handling to high usage areas such as airports, city halls, police departments, libraries, catering kitchens, food courts, courtyards, recreation centers, offices, conference rooms, council chambers, restrooms, parks and more.

JYB Solutions, LLC successful operations of this size are driven by the leadership of our operations. That team is:
• Operations Managers – Direct all of the disinfecting/cleaning activities and oversees all training and development of the custodial staff • Account Managers – Responsible for the employees and cleaning results in your facilities
• Custodial Staff – Responsible for performing various cleaning roles When partnering with us, you will have the full support of JYB Solutions advanced Shared Services division, providing non-operations support in the following areas:

Accounts Receivable, Accounts Payable, Inventory/ Reporting, Payroll & Human Resources, Information Technologies, Web Based Employee Timekeeping & Inventory/Supplies.
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5 COMPANY HISTORY/BACKGROUND/EXPERIENCE
JYB Solutions, LLC, is a facilities services company with over ten years of experience, that provides janitorial, building maintenance & special property services to clients throughout the United States. JYB Solutions, LLC corporate headquarters is located in Laguna Hills, CA., & has professionally trained employees throughout the Westcoast Region, along with long term janitorial contracts with the California Department of Motor Vehicles (DMV), Omni Haven Property Management, Bailey Banks Production Studios and the International Association of Ground Service Providers.

As a highly experienced Building Services Contractor, we have the flexibility to provide customized services to small & large businesses alike, including those with multi-state or multi-regional footprints. We enjoy an unmatched reputation for preserving property values by helping managers maintain safe, clean & efficient facilities.

Our President/CEO, Mr. John Youngblood is a retired Police Officer from the City of Los Angeles, with National & International expert certifications in Aviation Security, Aviation Safety, Training Curriculum Design/Development, along with Management & Leadership Development. Mr. Youngblood also has over ten years of experience in the janitorial service industry. At JYB Solutions, we understand the unique safety/security needs while working at an airport & city hall facility. We have fostered an environment that practices safety, accountability & impeccable customer service that remains the backbone of our business model to this day. Our customer first approach ensures us the ability to provide the most effective facility services available at fair price that is sustainable to our clients, as well as our workers.

Since our inception, JYB Solutions has serviced over 10 million square feet of corporate & industrial environments. We hire, train & retain highly qualified & motivated employees throughout the United States, to meet your servicing needs.

We are fully licensed, bonded & insured. Along with this, we provide constant and consistent in-depth training that ensures each worker who wears our company uniform is properly competent and confident in maintaining high standards of 249
6 hygiene and cleanliness. By placing a special emphasis on training, we ensure that your satisfaction is guaranteed. Our corporate office is located in Laguna Hills, California and all of our janitorial staff will be available to deploy and meet your needs 24 hours a day, 7 days a week on short notice at all locations that we service, throughout the United States.

Our high standards help our company maintain APPA Level 1 standards and client satisfaction at all times. That’s the JYB Guarantee!
JYB Solutions, LLC successful operations of this size are driven by the leadership of our operations. That team is:
• Operations Managers – Direct all of the disinfecting/cleaning activities and oversees all training and development of the custodial staff • Account Managers – Responsible for the employees and cleaning results in your facilities
• Custodial Staff – Responsible for performing various cleaning roles

ADMINISTRATIVE TEAM
When partnering with us, you will have the full support of JYB Solutions advanced Shared Services division, providing non-operations support in the following areas:
• Financial Support – Accounts Receivable, Accounts Payable, Inventory and Reporting
• Payroll & Human Resources
• Information Technologies
• Web Based Employee Timekeeping
• Inventory & Supplies
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7 Our organizational structure consists of the following:

John Youngblood
President/CEO
Steve Cuban
Operations/Contract
Manager
Robert Valdez
Marketing Manager
Daniel Kim
Sales Manager
Bianka Flores
Office Manager
Lori Contouchi
Human Resources
Director
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8 SCOPE OF WORK/IMPLEMENTATION
Our approach, implementation, standards, timeline & frequency of janitorial services, shall consists of the following:

Our dedicated Human Resources staff is responsible for recruiting, screening, hiring & training our diverse workforce, along with making sure they are ready to execute their assignments for every client, every shift, each day of the week.

When we are not implementing the Displaced Janitorial Workers Opportunity Act, we utilize a comprehensive, expedited, streamlined, central hiring process. Each candidate receives a thorough application screening, e-verify, an initial interview & a placement interview before a job offer can be presented.

SELECTION PROCESS

RECRUITMENT/APPLICATION PROCESS
JYB Solutions is committed to hiring employees from within the community that we are servicing. Our commitment/goal is to hire & retain residents from the local community that will represent at least 50% of the workforce for the contract that we are servicing.

The first step we take to attain this goal is by advertising our open positions in all local newspapers, newsletters & editorials. We also attend & set up job fairs, along with social media marketing on Facebook, Instagram, Tik Tok, Indeed & Job Hut.

Lastly, we post recruitment flyers on local community bulletin boards.

We take time to ensure that we are hiring the most professional, honest, reliable & dedicated janitorial workers. We understand that this job isn’t for everyone. 252
9 So, we choose people who show aptitude & want to give their very best each day they come into work.

INTERVIEWS
After reviewing all the employment information, our Human Resources staff will then schedule interviews with candidates. During the interviews, we will look at the applicant’s general suitability, as well as his/her job experience & work ethics. If the candidate matches our employee profile & can be matched with an open janitorial assignment, then we continue the selection process.

BACKGROUND CHECKS
Each candidate undergoes reference checks & extensive background screening before being placed at one of our clients work sites.

The following items are evaluated prior to extending a job offer:
• Reference Checks – Paying close attention to previous experience & gaps in employment
• Criminal Background Screening – Database search with instant results • Drug/Alcohol Test – Test performed with instant results • State/County Background Checks
• DMV License Check
• E-Verify – In conjunction with normal I-9 processes to ensure all employees are legally authorized to work in the United States
Once hired, we manage the retention process aggressively. The quality of our supervisors plays a huge role here & our management team is of the highest caliber.

Other factors include competitive wages & reasonable workloads. Our workloads are carefully determined to combine a manageable workload with optimal efficiency.

In addition to this, we are also committed to & abide by the guidelines regarding the Displaced Janitorial Worker Opportunity Act.
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10 TRANSITION
A seamless transition, is the first key element
The key to a successful transition of any new account is the development of a comprehensive transitional plan, and JYB Solutions prides itself on preparing the most comprehensive plan in the Facilities Maintenance/Janitorial Services industry.

JYB Solutions, has a dedicated Transitional Team that has several years of experience in implementing all transitional processes. We excel at transitioning a large number of locations that have unique cleaning requirements. Our team utilizes a “Start of Service” checklist and schedule that will be tailored to your specific building specifications and needs. Initially, checklist will be reviewed with your staff on a weekly basis so that transitions occur smoothly and service levels are positively impacted.

Pre-Transition (5-10 Days prior to Start-Up)

OPERATIONAL ROLES
• Meet with client contacts at the Lake Tahoe Airport & City Hall • Develop a list that identifies “Hot Spots”
• Become familiar with the layout of both facilities
• Develop an Equipment & Supply list for each location
• Submit personnel requisitions to personnel for review • Establish protocol for communications
• Begin “Standard Operating Procedures” for both locations which will include:

Job Descriptions, specifications, project work, floor schedules, training, emergency response, alarm/key card procedures, cell phone numbers, and the 24-hour customer service number for JYB Solutions personnel HUMAN RESOURCE’S ROLE
• Begin recruiting effort to fill all positions (If not retaining previous staff) • Interview & Screen prospective employees
• Conduct fingerprint, E-verify, DMV Pull & background checks • Support Operational Team
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11 WAREHOUSE/LOGISTICS
• Notify suppliers of new account
• Place orders for equipment/supplies (If not already in stock) • Arrange delivery date & time for equipment/supplies
• Deliver equipment & stock supplies

ACCOUNTING
• Establish purchase orders for clients
• Process new hires into payroll system
• Create “mock” monthly invoices for client approval

SAFETY/TRAINING DEPARTMENT
• Schedule specialized training classes for new employees • Coordinate with warehouse the use of equipment/computers for new employee training
• Prepare Transition Package kit (forms, checklists, etc.) • Provide MSDS binder to designated Department of Public Safety representative
TRANSITION PHASE (First 15-30 Days)
Once JYB Solutions assumes responsibility for providing services to your facilities, the Transition Phase begins. In addition to other tasks, the following events will occur:
• Establish transition review meetings – initially weekly, then monthly • Set-Up inspection program
• Reinforce staff training and safety programs
• Continue Human Resources efforts – Recruiting/Hiring if needed • Perform baseline quality audits
• Tailor services to meet/exceed the City of Lake Tahoe expectations

ADMINISTRATIVE TEAM SUPPORT
• Financial Support – Accounts Receivable, Accounts Payable, Inventory & Reporting
• Payroll & Human Resources
• Information Technologies – Tech Support, Integrated Systems Management 255
12 • Web Based Employee Timekeeping
• Inventory & Supplies

SUPPORT SERVICES
• Our janitorial staff call on & off at the worksite for accurate timekeeping at 949-273-1192 ext. 700
• Our system is designed to send an alert within 2 minutes in the event we do not receive a call on or by a specified time.
• Our caller ID confirms that that janitorial staff is calling from an authorized company phone
• A web portal allows our managers to verify proper ins & outs • Actual labor gets compared to budgets to ensure proper service • Data from call on/off feeds into our payroll check processing system

TIMELINES/DELIVERABLES/CLEANING SCHEDULE
Employee
Onboarding/Orientation
Employee
Mandatory
Training
Contract Start
Date
Employee
Work
Performance
Evaluations
Employee
Recurrent
Training
Staff
Within 5 days after
contract is signed –
(4) hour janitorial staff
orientation session with
our Human Resources.

Date: 9/12/22
Training will take
place within 5
days after the
contract is signed.

This training is
(8) hours total we
will utilize both in
person & online
delivery methods.

Dates:
9/13/22 – 9/15/22
10/1/22 To take place
quarterly for the
duration of this
contract.

Dates:
12/13/22
3/19/22
6/15/23
This training is
scheduled to
take place
twice a year.

Dates:
01/15/23
07/17/23
All janitorial staff
must have their
work performance
evaluated, along
with attending all
training sessions.
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13 Regularly Scheduled Cleanings Airport Terminal Building/City Hall Located at 1901 Lisa Maloff Way
Our staff will perform the following janitorial duties at the frequencies listed below:

Service Frequency
• Emptying and/or replacing all trash bags within the trash receptacles both inside and outside the terminal building (1 time a day, 4 days a week) TIME PER DAY= 0.75 HOUR
TIME PER CONTRACT YEAR =117 HOURS
All wastebaskets and other trash containers shall be emptied and returned to their initial location. Trash shall be disposed of in secured plastic bags. Our staff will pick up any trash and recyclables that may fall onto the facility or grounds during the removal of such collected trash.
_____________________________________________________________ • Wiping down all decorative trash receptacles in the terminal building (1 time a day 4 days a week)
TIME PER DAY= 0.25 HOUR
TIME PER CONTRACT YEAR =39 HOURS
All wastebaskets shall be wiped down and free of spots, smudges and smears. _____________________________________________________________ Spot cleaning ground-level floors, glass surfaces in terminal building entryways, and all public areas of the terminal/city hall to remove salt, dust and grime from any surface (1 times a day, five days a week) TIME PER DAY= 0.5 HOUR
TIME PER CONTRACT YEAR =130 HOURS
Spot clean floor surfaces to remove spots. Spots removal shall be included during normal service schedule. Areas that are embedded to the point of 257
14 non-removal and have been treated during 2 consecutive cleanings and resists removal shall be communicated to the Lake Tahoe designated contract administrator for resolution. Glass surfaces shall, after cleaning, have a clean uniform appearance free of streaks, spots and cleaning solution residue.
_____________________________________________________________ • Clean the restroom at C12 in the hangar area (1 time a day, every other week)
TIME PER DAY= 0.25 HOUR
TIME PER CONTRACT YEAR =6.5 HOURS
Restrooms shall be serviced to ensure that our staff restock supplies such as towels, toilet tissue, at all times. Towel and soap dispensers shall be cleaned prior to refilling. Sanitary receptacles shall be emptied and the waste disposed of. Restrooms shall be stocked so that supplies do not run out.

After cleaning toilets, the surface, including fittings and plumbing pipes, shall be free of scale, scum, mineral deposits, rust, stains, dirt and grime. A cleaning solution shall be used that will not harm the surface glazing. Sinks shall be cleaned with germicidal detergent that will not harm surface glazing.

After cleaning, the surface, including fixtures and plumbing pipes, shall be free of grease, dirt, soil, stains. Restroom floors shall be thoroughly mopped or scrubbed in accordance with industry best practices. After cleaning, the floor shall have a clean uniform appearance with no streaks, swirl marks, detergent residue or any evidence of soil remaining on the floor surface. Floor drains, if present, shall be kept operational and free of soil, grease, dirt, or residue.

Restroom walls, partitions and stall partitions will be cleaned and spot cleaned between scheduled cleanings. Cleaning shall consist of removing smudges, fingerprints, marks, streaks, etc. After cleaning, the surface shall have a clean, uniform appearance, free of streaks, spots and any evidence of soil. Restroom mirrors and glass surfaces shall, after cleaning, have a clean uniform appearance free of streaks, spots and cleaning solution residue. 258
15 _____________________________________________________________ • Clean light fixtures of dead bugs in all areas (upon request by staff, approx. twice per year)
TIME PER DAY= 3.5 HOUR
TIME PER CONTRACT YEAR =7 HOURS
All dead bugs shall be removed from light fixtures.
_____________________________________________________________ • Vacuuming all carpeted areas inside the terminal building (1 time a day, 3 days a week)
TIME PER DAY= 9.0 HOUR
TIME PER CONTRACT YEAR =468 HOURS
Carpets will be maintained free of soil, dirt, debris, litter, and other foreign matter by effective routine vacuuming. Any spots and/or spills shall be removed by our staff, without permanent damage to the carpet. Chairs, trash receptacles, and other non-fixed/movable moveable items will be moved to maintain floors underneath these items and returned to their original and proper position after cleaning.
_____________________________________________________________ • Sweeping and mopping all floors inside the terminal building (1 time a day, five days a week)
TIME PER DAY= 2.0 HOUR
TIME PER CONTRACT YEAR =207.99 HOURS
After sweeping, the entire area, corners, and abutments, shall be free of litter, dust, and foreign debris. After designated areas, corners, and abutments, floors shall have a uniform appearance with no streaks, swirl marks, detergent residue, or evidence of soil, stains film, debris, or standing water.
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16 _____________________________________________________________ • Emptying cigarette cans located outside the terminal building (1 time a day, five days a week)
TIME PER DAY= 0.835 HOUR
TIME PER CONTRACT YEAR =43.42 HOURS
Cigarette cans shall be emptied properly and in a safe manner. _____________________________________________________________ • Cleaning all public restrooms inside the terminal, to include mopping floors, cleaning and sanitizing all restroom fixtures, stocking all paper projects, emptying trash cans, cleaning mirrors, and stocking air fresheners (1 time a day, five days a week)
TIME PER DAY BATHROOM CLEANING= 1.5 HOUR
TIME PER CONTRACT YEAR = 547 HOURS
Restrooms shall be serviced to ensure that our staff restock supplies such as towels, toilet tissue, at all times. Towel and soap dispensers shall be cleaned prior to refilling. Sanitary receptacles shall be emptied and the waste disposed of. Restrooms shall be stocked so that supplies do not run out.

After cleaning toilets, the surface, including fittings and plumbing pipes, shall be free of scale, scum, mineral deposits, rust, stains, dirt and grime. A cleaning solution shall be used that will not harm the surface glazing. Sinks shall be cleaned with germicidal detergent that will not harm surface glazing.

After cleaning, the surface, including fixtures and plumbing pipes, shall be free of grease, dirt, soil, stains. Restroom floors shall be thoroughly mopped or scrubbed in accordance with industry best practices. After cleaning, the floor shall have a clean uniform appearance with no streaks, swirl marks, detergent residue or any evidence of soil remaining on the floor surface. Floor drains, if present, shall be kept operational and free of soil, grease, dirt, or residue.
260
17 Restroom walls, partitions and stall partitions will be cleaned and spot cleaned between scheduled cleanings. Cleaning shall consist of removing smudges, fingerprints, marks, streaks, etc. After cleaning, the surface shall have a clean, uniform appearance, free of streaks, spots and any evidence of soil. Restroom mirrors and glass surfaces shall, after cleaning, have a clean uniform appearance free of streaks, spots and cleaning solution residue. _____________________________________________________________ • Dusting all surfaces and fixtures inside the airport terminal (Twice a week) TIME PER DAY= 0.334 HOUR
TIME PER CONTRACT YEAR =17.34 HOURS
All surfaces will be dusted accordingly.
• Cleaning trash receptacles located inside and outside the terminal building (Once a week)
TIME PER DAY= 0.167 HOUR
TIME PER CONTRACT YEAR =8.684 HOURS
All trash receptacles will be wiped down and free of dirt/grime. _____________________________________________________________ Thoroughly cleaning ground-level glass surfaces in terminal building, entryways, concession space, security checkpoint, and passenger waiting areas in the terminal building (Once a week)
TIME PER DAY= 0.334 HOUR
TIME PER CONTRACT YEAR =17.34 HOUR
All glass will be thoroughly cleaned and free of streaks, spots and cleaning solution residue.
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18 _____________________________________________________________ • Wiping down chairs in public waiting areas (Once a week) TIME PER DAY= 0.167 HOUR
TIME PER CONTRACT YEAR =8.67 HOURS
All chairs shall be wiped down properly leaving no stains, smudges or smears.
_____________________________________________________________ • Cleaning City Administrative Offices on both upper and lower levels, to include vacuuming, emptying all office trash cans (2 times a week) TIME PER DAY= 5.0 HOUR
TIME PER CONTRACT YEAR =520 HOURS
All administrative offices shall be cleaned and left looking presentable/professional.
_____________________________________________________________ • Cleaning all public restrooms, to include mopping, cleaning and sanitizing all restroom fixtures, stocking all paper products, cleaning office glass surfaces (7 Days Per week)
TIME PER DAY BATHROOM CLEANING= 3.5 HOUR
TIME PER CONTRACT YEAR = 1235 HOURS
Restrooms shall be serviced to ensure that our staff restock supplies such as towels, toilet tissue, at all times. Towel and soap dispensers shall be cleaned prior to refilling. Sanitary receptacles shall be emptied and the waste disposed of. Restrooms shall be stocked so that supplies do not run out.

After cleaning toilets, the surface, including fittings and plumbing pipes, shall be free of scale, scum, mineral deposits, rust, stains, dirt and grime. A cleaning solution shall be used that will not harm the surface glazing. Sinks shall be cleaned with germicidal detergent that will not harm surface glazing. 262
19 After cleaning, the surface, including fixtures and plumbing pipes, shall be free of grease, dirt, soil, stains. Restroom floors shall be thoroughly mopped or scrubbed in accordance with industry best practices. After cleaning, the floor shall have a clean uniform appearance with no streaks, swirl marks, detergent residue or any evidence of soil remaining on the floor surface. Floor drains, if present, shall be kept operational and free of soil, grease, dirt, or residue.

Restroom walls, partitions and stall partitions will be cleaned and spot cleaned between scheduled cleanings. Cleaning shall consist of removing smudges, fingerprints, marks, streaks, etc. After cleaning, the surface shall have a clean, uniform appearance, free of streaks, spots and any evidence of soil. Restroom mirrors and glass surfaces shall, after cleaning, have a clean uniform appearance free of streaks, spots and cleaning solution residue. _____________________________________________________________ Holidays: Contractor shall not provide services on City-observed holidays except for the Airport facility lobby and main level restrooms. Service of the Airport lobby and the main level restrooms at the Airport is to be performed seven days per week.

City-observed holidays include:
o • January 1st (New Year’s Day)
o • Third Monday in January (Civil Rights Day / Martin Luther King) o • Third Monday in February (President’s Day)
o • Last Monday in May (Memorial Day)
o • June 19th (Juneteenth)
o • July 4th (Independence Day)
o • First Monday in September (Labor Day)
o • November 11th (Veteran’s Day)
o • Fourth Thursday in November (Thanksgiving Day)
o • Fourth Friday in November, (Friday following Thanksgiving Day) o • December 24th (Christmas Eve)
o • December 25th (Christmas Day).
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20 OUR NETWORK OF FLOATERS, KEEPS YOUR FACILITIES STAFFED Your onsite JYB Solutions Account Manager, will utilize a hub & spoke fill in floater network as well as well as teamwork to cover open job runs. Pre-arranged and unexpected absences are also covered by fill in floaters.

URGENT RESPONSES
JYB Solutions is prepared to respond to any emergency situation within one to two hours of notification. Our cleaning crews are in the field 24 hours a day, 7 days a week; therefore, you will have immediate access to for assistance during emergencies. Additionally, our managers and supervisors are equipped with the technology needed for easy and efficient accessibility.

The City of Lake Tahoe, will be provided with all manager cell phone numbers, so you can reach us 24/7.

JYB Solutions, Customer Care Center is available 24 hours a day, 365 days per year and can be reached at 949-273-1192 ext. 0.
24 hours a day, 365 days per year, a live person will answer your call. With a staff of professional customer care providers, we will also have someone available to answer your call.

Every JYB Solutions Services Manager carries a cell phone and has access to their company designated e mail, through our in-house servers. We also predesignate a place at all of our cleaning locations, as another line of communication with supervisors and cleaners.
264
21 TIMEKEEPING
At JYB Solutions, we utilize mobile timekeeping technology, so we can easily monitor employee departures and arrivals in real time. Employees clock in and out on mobile devices, and management teams will be notified immediately if an employee fails to clock in or out at their scheduled designation. As a fail-safe, we also have our on-site supervisors perform in person attendance verification at the beginning of each shift, at each location. If an employee fails to clock in, prior to attempting to make contact with that employee, our management staff will dispatch a floater to the uncovered location to ensure the work is completed to specification with a fully staffed team.

THROUGH OUR MOBILE DEVICES, MANAGEMENT CAN PERFORM THE
FOLLOWING TASKS:
• Call, text, or e mail employees directly
• Communicate with employees quickly & easily with information that is always up to date
• Verify employee locations using geo-location tracking • View job information location & track it
• Receive notifications when any employee is running late for a shift. This feature assists us with locating replacements in real time. • Allow janitorial staff to clock in & out at the worksite, through remote timekeeping that is tracked by location
• Monitor employee arrivals & departures
• Verify employee location during clock ins and clock outs • Reduce “Buddy Punching” & attendance issues
• Eliminate the need for timeclocks
• Update information in real time
265
22 We also have the ability to electronically track contract services that happen on a monthly, quarterly & annual basis. Our system will create work orders based on contract specifications & completion is tracked in the work order system for reporting. Our project calendar management function will ensure that your periodic projects are completed in accordance with your exact specifications.

Our managers will monitor daily, weekly and monthly schedules to ensure specific equipment and sufficient labor is available for the work that is scheduled to be completed. Your designated staff will also be able to monitor these schedules & completion dates, via a calendar of events that could be provided through e mail or printed for your records.

WORK ORDER SYSTEM
As our valued client, you will have the ability to:
• Submit & monitor action items
• Perform job inspections & surveys
• View schedules
• View Dashboards
• Monitor employee arrivals/departures

SERVICE REQUEST
We will keep you informed of all completed Service Requests. Once you send a request, a customized workflow automatically delivers your message to the appropriate team member responsible for your facility. Our staff will then take swift action and address your request while recording their steps via status updates and messaging. The service request will only be closed when you agree that your request is completed and/or your concern is resolved.

Our Action Items Application includes automatic escalation points. If the status of an action item is not updated within a specific time window, the item will be automatically escalated to the next levels of management. 266
23 WORK ORDER REQUEST PROCESS
Step 1: Each request is logged into our system as a work order Step 2: Automatic work order notifications are routed to the corresponding manager. Work requests are prioritized to make sure we respond quickly to your most immediate needs
Step 3: Issue escalation flow is implemented for repeat or ongoing issues. All requests are tracked in our work order system to ensure tasks are completed & closed.

Step 4: Work orders are monitored on the corporate level to ensure timely followup. A site with the highest level of concern becomes “Red Listed” with weekly updates
Step 5: The service request is closed & simultaneously you are notified

INSPECTION/KEY PERFORMANCE INDICATORS
We provide regular updates on the quality of the cleaning at your facilities, consistently identifying opportunities to improve. Each floor & area is individually examined & results are tracked in our centralized database. These results are then compared to your established Key Performance Indicators to help us determine how well we are delivering on our promise to you.
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24 GAP ANALYSIS
At the beginning of your contract, we will ensure that your key performance indicators are well understood by our staff. These key performance indicators are tracked through client surveys & bi-weekly inspections. We will use gap analysis to compare the results from client surveys to those of our internal surveys. If gap exists between your expectations and our performance, we will close it. 268
25 CLEANING PROCESS & EQUIPMENT

MICROFIBER COLOR CODING SYSTEM
Red microfiber cloths are only to be used for general
cleaning of kitchen counters, office counters, tables,
chairs, walls, doors, railings & any other surface,
excluding restrooms & glass.

Blue microfiber cloths are only to be used in
restrooms & only with appropriate cleaner for the
surface. This will include walls, counters, partitions, fixtures, trash cans, mirrors & sinks.

Orange microfiber cloths are to be used for glass,
plastic partitions, computer screens/keyboards &
stainless-steel appliances.
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26 EMPLOYEE TRAINING
JYB Solutions, requires operations staff to comply with our Standard Operating Procedures (SOP), including a written program for training and implementation.

This program includes comprehensive training of personnel in our standard operating procedures including scheduling, chemical handling, mixing and storage, equipment operation and maintenance, and safety procedures including how to address accidents such as air contamination caused by chemical reactions, spills and/or water leaks, etc. Training is a combination of on-site, site-specific training tailored to the special needs of the service location and annual training regarding basics for sexual harassment, safety, tools, techniques and applicable environmental standards. Records will be kept documenting every employee’s training date, time & location.

At JYB Solutions, we implemented a comprehensive green cleaning/housekeeping program is in place to help obtain LEED certification.

Our SOP describes general cleaning procedures, procedures for chemical mixing, handling & storage, powered equipment operations & maintenance, communication protocols, training, & record keeping and reporting protocols.

Common cleaning protocols includes use of microfiber technology in lieu of paper products, which shall be cleaned or laundered prior to subsequent use. The SOP also includes procedures for recycling that include inspection and cleaning of recycling containers, and collection, source separation and removal of materials.

All of the training that we provide is consistent, which allows for our employees to effectively deliver services that exceeds our customers’ expectations, along with allowing our employees to perform their jobs in safe manner each day. 270
27 MANDATORY EMPLOYEE TRAINING INCLUDES THE FOLLOWING COMPONENTS:
• New Hire Onboarding/Orientation
• Standardized Cleaning Methods
• Job Site Specific Training/Safety Protocol
• Employee Right to Know
• Blood Borne Pathogens/Infectious Waste
• Safe Use of all Products/Equipment – Hard Surface Floor & Carpet Care • Proper Lifting Techniques/Back Safety
• Green Cleaning Techniques
• Review of the Materials Safety Data Sheets Binder
• Safety Training – Chemicals, Equipment, PPE & Electrical Hazards • Ergonomic Hazards & Injury/Accident Prevention/First Aid • Airport Security – SEE SOMETHING, SAY SOMETHING
• Planning for, Emergencies, Fires, Earthquakes, Evacuations & Natural Disasters, along with How to Summons Emergency Personnel (911) • Human Resources Policies, DMV Pull Program & Company SOP’s • Customer Service Skills
• Basic, Intermediate & Advanced Industry Training
• Supervisor/Management Development Training
• Incident Report Writing, Sexual Harassment, Assaults & other Crimes • Procedures regarding Found/Lost Items
• Management Development
• Attendance Procedures, Clock In/Clock Out, Timesheets, & Direct Deposit • Uniform Appearance & Monthly Safety Meetings
• Hard Surface Floor Care
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28 TRAINING TOOLS INCLUDE:
• Task Specific Training Cards
• Videos
• Training Handouts
• Workbooks
• Webinars/PowerPoint Presentations
• Knowledge Based Written Test
• Hands on Training with Evaluation Rubric
• Facilitated Discussions
• Group Activities
• Janitorial Safety Program Professional Certification Programs All janitorial staff servicing your facilities will be trained on the proper use of & required to utilize the following Personal Protection Equipment:
• Gloves
• Goggles/Eye Protection
• Back Brace
• Slip Resistant Shoes
• Face Mask
• First Aid Kit

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29 EMPLOYEE SAFETY/RECOGNITION PROGRAM
JYB Solutions, Employee Recognition Program rewards those employees who go Above & Beyond while servicing your facilities.

There are a total of Four pillars to this program:
• Safety 1st Leadership
• Going Above & Beyond
• Achieving a High Janitorial Skill Level
• Outstanding Customer Service
These pillars of recognition serve to evaluate our service to a level that promotes partnership & community, problem solving, fully understands our client’s needs & provided flawless performance of duties/tasks.
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30 Project Budget
The following is a detailed description of the monthly costs for JYB Solutions, LLC to provide services to the City of Lake Tahoe, under janitorial services contract Formal Bid # 2022-07-05, according to Scope of Work. The below project budget is a “not to exceed” fixed fee cost including associated taxes, fees, and charges.

LOCATION $Per SQ FT. SQ FT. MONTHLY ANNUAL
Lower Level
(Including
Restrooms)
$ 1.05 1284 $1348.20 $16,178.40
Lower Level
Offices
$ .15 1938 $290.70 $3488.40
Lower Level
(Conference Rooms)
$ .30 475 $142.50 $1710.00
Street Level
(Including
Restrooms)
$ .55 3327 $1829.85 $21,958.20
Mezzanine
Level Public
(Including
Restrooms)
$ 1.53 60 $92.00 $1104.00
Deep
Cleaning (4)
Public
Restrooms
2 x Per Year
$2000.00
TOTAL 13,475 $3703.25 $46,439.00
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31 References
Tonya Hill
Omni Haven Property Management
760-490-0400
Contract – 3 Years
14,305 Square Foot Commercial Building
Total Value - $180,000
Isaiah Miguel
Bailey Banks Studios
[email protected]
Contract – 5 Years
13,281 Square Foot Commercial Building
Total Value $ - $330, 335
David Wallace
Ground Handlers Association
949-415-6275
Contract – 5 Years
16,338 Square Foot Commercial Building
Total Value - $252,000
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CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 6th day of September , 2022 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and JYB Solutions, LLC(“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,” 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 from October 1, 2022 to September 30, 2023 with the ability to extend up to four (4) additional years, at the sole discretion of the City. This contract will 276
commence on the date the agreement is approved and awarded by City Council. Cost for Years 2 to 5 will be escalated by CPI each year, including optional hourly rates.

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. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $46,439.00 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.
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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. 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, 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 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 shall be granted to any party authorized by
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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, b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].
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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 costs and expenses in connection therein), arising out of this Agreement or 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 280
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 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 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.
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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. ClaimsMade 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. 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 non-owned 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.
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 282
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. 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 283
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: Attn: John Youngblood
JYB Solutions, LLC
24001 Calle De La Magdalena Suite#2401
Laguna Hills, CA 92654
946-273-1192
www.jybsolutions.com

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 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.
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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 nondiscrimination 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. 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 Drug-Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free work place by taking the following actions:
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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 AntiLobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.

25. 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 286
the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.

26. 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.

27. 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.

28. 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.

29. 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.

30. Time is of the Essence. Time is of the essence for this Agreement.

31. 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:

By___________________________
Joe Irvin , City Manager
CONSULTANT:

By ________________________________
John Youngblood, CEO
Business License # 100285
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APPROVED AS TO FORM:

By____________________________
Heather Stroud, City Attorney
ATTEST:

By____________________________
Susan Blankenship, City Clerk
Attachments:

Exhibit A – Janitorial Agreement Scope of Services
Exhibit B – Compensation
Exhibit C - Anti-Lobbying Certification
Exhibit D – Janitorial Services Agreement Cleaning Schedule Exhibit E – Cleaning Area Location Map
Exhibit F – Cleaning Equipment Inventory List
Exhibit G – Displaced Janitor Opportunity Act
Exhibit H- Janitorial Bond Requirement
Exhibit I – Proof of Insurance Certificate Documents
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EXHIBIT A

SCOPE OF WORK
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SCOPE OF WORK

1. General Requirements
The Custodial/Janitorial Services contractor is responsible for the cleanliness and sanitation of the building. Exhibits D and E provide the schedule and locations of janitorial services requirements for airport terminal/City Hall facilities included in this contract.

Notwithstanding any other provisions of this proposal, the Custodial/Janitorial Services contractor warrants that the services furnished shall be of the best quality as specified in this RFP. Such warranties shall include performance, workmanship, and labor.

2. Performance Standards
Appendix D provides the minimum level of service and frequency deemed acceptable. It is intended that the Contractor will schedule his/her operations to meet or exceed these requirements. It is further intended that the Contractor shall put forth a level of effort to provide a thorough cleaning of the facilities. Some examples include: carpeted floors shall be completely and thoroughly vacuumed, windows shall be cleaned to where all film, smudges, and streaks are removed, and the restroom facilities cleaned and polished to approach the sanitary levels seen at other City facilities such as the Recreation & Aquatics Center.
a) It is the objective of the City to obtain full cleaning performance in accordance with the terms of the specifications and at the quality standards of work set forth in this contract. To this end, the City is contracting for the complete performance of each cleaning job as specified in this contract. Therefore, deductions (Liquidated Damages) for tasks not completed or not satisfactorily completed shall be made should the schedule not be met and City Public Works staff is tasked with completing said tasks. Deductions will be made at the fully burdened rate of the public works staff assigned to complete the task elements not completed in accordance with the provisions of Appendix D of the Agreement.
b) The Airport Manager or designee shall contact the Contractor by telephone, fax, or email to notify them of performance issues. The Airport Manager shall also notify the Contractor of written complaint(s) received from building occupants.
c) The Airport Manager or designee shall maintain a file of incoming complaints whether they be written, oral, or by telephone. This file shall contain the date, time, building, name of the person making the 290
complaint, phone number and time the Contractor was notified, or a copy of the notification letter and fax record.
d) Proof of performance and adherence to specifications shall be upon the Contractor. A cleaning log shall be maintained on dates and tasks completed to verify performance. The City reserves the right to utilize CCTV and Electronic Access control systems to audit said cleaning log if there is suspicion that work is not being performed per contract provisions.
e) Failure to clean an entire building or site shall result in a separate deduction for nonperformance. In the event the contractor doesn’t complete all of the required nightly, weekly or monthly services as scheduled and outlined in the specifications, the Contractor will be required to make corrections of all discrepancies at a mutually agreed upon schedule. After three (3) occurrences of nonperformance within a 12-month period, the City, at its discretion, may begin default proceedings. After three (3) occurrences of nonperformance within a 12-month period, the City, at its discretion, may begin default proceedings or deduct pro-rata daily cost for the services from the monthly invoice.
f) Contractor billing shall be done on a timely basis. The successful proposer shall submit monthly invoices for work completed in the previous month.
g) Expectation: The contractor shall render the City facilities clean, defined as” free of dirt, pure, spotless, sanitary, sterile, and uncontaminated”. This includes timely removal of trash, dirt, dust, cobwebs, and other waste from receptacles and public areas.
h) The contractor shall in no way interfere with the normal work of City employees and/or those of the Airport.

2. Janitorial Contractor Responsibilities
Adherence to All Local, State and Federal Laws and Requirements The Contractor shall adhere to all current applicable federal, state, and local laws, codes and ordinances, including, but not limited to, those promulgated by CAL-OSHA, FED- OSHA, EPA, and the California State Department of Health Services.

Key Personnel
It is essential that the contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be 291
performed under this contract. The Contractor must agree to assign specific individuals to the key positions.

If key personnel are not available for work under this contract for a continuous period exceeding thirty calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications.

The contractor shall be responsible for, but not limited to, the following:
1) Adherence to schedules,
2) Notifying the Airport Manager on the maintenance or replacement of cleaning equipment supplied and/or requesting additional cleaning equipment to complete the contract provisions,
3) Notifying City of any key personnel changes,
4) Training of new personnel
5) Coordinating with the Airport Manager or designate on maintaining adequate cleaning supplies inventory
Personnel
Personnel employed by the Contractor shall be competent, trustworthy and properly trained for the work requirements. The Contractor and employees shall be required to comply with all applicable regulations of the City, as directed, and full cooperation shall be expected and required at all times.

Contractor shall notify the Airport Manager immediately in writing of all changes on contract personnel by submitting name and address of employee and effective date of employment or termination. When in the opinion of the City, an employee does not constitute a satisfactory security risk, his/her employment on the contract will be denied
a) Background Check: The Contractor’s employees who will work in a building owned by the City of South Lake Tahoe shall be required to be cleared through the City of South Lake Tahoe Police Department Criminal Investigation procedure prior to employment. The cost of this background check will be the responsibility of the Contractor. Upon receipt of notice of award from the City the Contractor is required to have cleared a successful background investigation prior to commencing work. No employee will granted access to the City of South Lake Tahoe City Hall/Airport Terminal without first successfully passing a criminal history background investigation.
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b) Health: All personnel shall be in good health and free of contagious diseases. Contractor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Contractor allow the use or presence of alcohol or drugs on the premises or in the building.
c) City Issued Identification and Appearance: All personnel are not required to wear uniforms. The Contractor’s work force shall be neat and clean in appearance with no inappropriate images, words or questionable fit. Clothes shall consist of shirt and full-length pants, and be mutually agreed to by the Contractor and City. Closed-toe and heeled shoes shall be worn for proper safety during tasks being performed. Employees shall wear a City of South Lake Tahoe identification badge with the employee’s picture, name and company name on the face of the badge. The badge must be worn in plain sight, above the waist at all times while the employee is on City property. City issued identification also provide proximity cards that grant access to restricted areas of the building. These identification cards are required for work and the use of other persons’ City issued identification card is strictly prohibited.
d) Conduct: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol or drugs, which fails or otherwise refuses to perform the work properly and acceptably, or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not reemployed on this work.
e) Supervision: Contractor shall provide a supervisor or foreman who shall be present at all times during contract operations, and who shall be responsible for both conduct and workmanship. The said supervisor shall be able to communicate effectively in both written and oral English. f) Training: Contractor shall have an ongoing training program for all staff.

Contractor shall provide only personnel that have been fully trained for performance of this work. Supervisors shall have been trained in supervision as well as technical training in janitorial services. g) Nondiscrimination: The Contractor shall not engage in discrimination in employment of persons because illegal for an employer to discriminate because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person. Violation of this provision may result in the imposition of penalties under the Labor Code Section 1735.
293
h) Removal of Employees: The City may require the Contractor to remove all Contractor personnel from City property who are deemed careless, incompetent, insubordinate, objectionable, or whose continued employment on the job is deemed to be contrary to public health, safety and welfare. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, upon City request, the Contractor shall remove that employee from all work under this contract. It is the responsibility of the Contractor to provide the proper training for their employees. i) Unauthorized Personnel: Employees of the Contractor shall not be assisted nor accompanied by any individual that is not an employee of the Contractor, while performing duties related to the contract. This includes friends, children and/or other relatives. Employees of the Contractor that violate this stipulation shall be deemed objectionable to the City and shall not be allowed to work in City facilities. j) Prohibited Items: Contractor’s employees shall be prohibited in the use or possession of the following items while working on City premises: guns, knives, other weapons, alcohol and/or controlled substances.

Contractor’s employees shall not be under the influence of alcohol or illegal drugs. Any employee violating this policy shall be removed immediately from City facilities and replaced with acceptable personnel.
k) City of South Lake Tahoe & Tenant Property. Personal Property of City Staff and Tenants: The Contractor shall direct their employees against the unauthorized reading and disclosing of materials and documents available in the facilities of the City and against unauthorized use of City and personal property, such as: telephones, radios, copy machines, computers, terminals, fax machines, calculators, etc., which may be in any of the City facilities. The Contractor shall be responsible to see that Contractor’s employees do not disturb papers on desks, tables, or cabinets, and do not open desk drawers or cabinets. Found item(s) shall be turned in at the end of each shift to the Contractor’s supervisor. The supervisor shall notify the Airport Manager of the property. Found property should be placed in the Airport Manager’s office for disposition. l) Telephone Use: City/Tenant telephones shall not be used by the Contractor or its employees for personal or business reasons with the following exception(s): to report need of emergency medical aid, fire or need of law enforcement, (use ‘9-911’) and notification to the City of South Lake Tahoe Police Department Dispatch of damage as required in this contract. Any calls to numbers other than those above will be 294
considered a violation of this contract and grounds for immediate termination.
m) Facility Security: Contractor’s personnel shall work in City facilities outside of normal business hours in performing work without disrupting normal City Office functions. Keys shall not be left in the door locks. The Janitorial Services contractor shall be responsible for securing/locking the interior and exterior portions of the building during hours to be specified by the Maintenance Services Manager or his/her designee. All workspaces shall be locked and the lights turned off when cleaning in each area has been completed. Keys required by the contractor will be furnished by the City to designated contractor employee and shall be returned to the City on demand. Electronic security system shall be properly disarmed and armed each time after-hours access is made. All exit doors are to remain locked while the contractor is in the space. The contractor is not to block open occupant or exterior doors for any reason. The contractor is not to assist entry of anyone except contractor, employees or Police/Fire personnel. Close and lock any exterior windows. Contractor’s personnel shall immediately report to their supervisor and City personnel, problems dealing with unauthorized or suspicious persons, conditions indicating theft, break-in or vandalism, and building system failures. The Contractor’s employees shall report to emergency personnel situations such as: fire, smoke, unusual odors, broken pipes or floods, and take appropriate safety measures. The Janitorial Services contractor shall be issued building keys, where applicable, for the performance of services as specified herein. Should a lost or stolen key jeopardize the security of the particular City facility, the contractor shall be solely responsible for all costs incurred by the City in re-keying the lock system. No keys shall be duplicated. Where applicable, the contractor shall be charged a minimum of one hundred dollars ($100.00) per call-out should contractor, while in the process of entering or leaving the facility, misuse the security alarm system. n) Tools, Equipment, Materials and Cleaning Supplies: The City of South Lake Tahoe will provide all equipment and supplies necessary to carry out cleaning functions under this contract. The City will work with the Contractor to ensure the supplies are suitable and adequate for performing the scope of work. The Contractor is responsible for notifying the Airport Manager of the need to repair, replace equipment that is unsafe or unusable. The Contractor will provide the Airport Manager with orders for cleaning supplies and materials with quantity and product. The City is responsible for providing Material Safety Data Sheets (MSDS) must be on-site as a component of the Lake Tahoe Airport Hazardous Materials Business Plan. Janitorial closets located in City Hall/Airport Terminal will be assigned to the Contractor for storing supplies. The closets used by Contractor shall be kept clean and free of 295
debris and odor at all times. All supplies and equipment stored in any City janitorial closet shall be stored in a neat and orderly manner and in such a way as to prevent injury to City staff, the public, or Contractor’s employees.
o) A list of the cleaning equipment and condition is found in Appendix F.

The Contractor is responsible for the loss of any equipment. Upon conclusion of the contract the City will require the return of all cleaning equipment with normal wear and tear expected. Misuse or loss of City owned cleaning equipment will require replacement for like equipment in new condition. All expenses for losses are the responsibility of the Contractor.

3. City’s Responsibilities
Contract Administration: The Lake Tahoe Airport, a department of the City of South Lake Tahoe will be responsible for administering this contract. The Airport Manager will inspect and approve services provided for compliance to the specifications prior to payment. The City will provide prompt payment for services rendered in conformance with this contract.

Inspections: The Airport Manager or his designee will perform inspections of each area to ascertain compliance to the specifications. A janitorial inspection report will be communicated to the Contractor listing any deficiencies found.

Tools, Equipment, Materials and Cleaning Supplies: When supplied in writing the City will provide prompt ordering of cleaning supplies and materials requested. When notified of repairs, new order or replacement of cleaning equipment, the City will either repair or replace said equipment on the list provided in Exhibit F.
296

EXHIBIT B

COMPENSATION
FISCAL YEAR 2022 /2023 ENDING SEPTEMBER 30, 2023
Airport Terminal Building and Hangar Restroom Located at 1901 Lisa Maloff Way
Regularly Scheduled Cleanings in Exhibit D
TOTAL ANNUAL FIXED PRICE $46,439.00 starting October 1, 2022 through September 30, 2023
TOTAL Monthly FIXED PRICE $3703.25
Special Cleanings
AT THE REQUEST OF THE AIRPORT MANAGER THIS CONTRACT CONTAINS BlANNUAL BATHROOM DEEP CLEANING FEE $1,000.00 PER CLEANING. THIS

PRICE REFLECTS CLEANING AIRPORT TERMINAL BUILDING/CITY HALL MAIN

LEVEL RESTROOMS AND LOWER LEVEL RESTROOMS TWICE OVER CONTRACT PERIOD.

TOTAL ANNUAL FIXED PRICE $2,000.00 starting October 1, 2022 through September 30, 2023
NOT TO EXCEED TOTAL CONTRACT AMOUNT OF $46,439.00
Notes:

Billing to be invoiced Monthly on the 1st of the month starting the 1st of November, 2022.

The City reserves the right to amend the contract scope of work at any time during the contract period to respond to the evolving COVID-19 Pandemic.

This includes increasing the scope of work, changing cleaning schedules. or conversely reducing the scope of work depending on conditions and/or recommendation from Federal, State or County Public Health officials. 297
298

EXHIBIT C

ANTI-LOBBYING CERTIFICATION
Vendor 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.

Vendor:

John Youngblood/CEO
By:________________________________________
299

EXHIBIT D

CUSTODIAL SERVICES FOR THE

LAKE TAHOE AIRPORT TERMINAL BUILDING/CITY HALL

CLEANING SCHEDULE
GENERAL:

The CITY will provide paper products (paper towels, toilet paper, sanitary toilet covers), hand soap, air fresheners, and trash bags. CUSTODIAN will provide all cleaning products as approved by CITY for the purpose of performing janitorial duties. The main airport terminal building/city is referenced by Exhibit E terminal map. The total square footage area that requires custodial services is 14,743 square feet. This is not the entire footprint of the terminal building/city hall.

CUSTODIAN will perform the following janitorial duties at the frequencies listed below:
• Emptying and/or replacing all trash bags within the trash receptacles both inside and outside the terminal building (1 time a day, 4 days a week) •
TIME PER DAY= 0.75 HOUR
TIME PER CONTRACT YEAR =117 HOURS
• Wiping down all decorative trash receptacles in the terminal building (1 time a day 4 days a week)
TIME PER DAY= 0.25 HOUR
TIME PER CONTRACT YEAR =39 HOURS
• Spot cleaning ground-level floors, glass surfaces in terminal building entryways, and all public areas of the terminal/city hall to remove salt, dust and grime from any surface (1 times a day, five days a week)
TIME PER DAY= 0.5 HOUR
TIME PER CONTRACT YEAR =130 HOURS
• Clean the restroom at C12 in the hangar area (1 time a day, every other week) TIME PER DAY= 0.25 HOUR
TIME PER CONTRACT YEAR =6.5 HOURS
• Clean light fixtures of dead bugs in all areas (upon request by staff, approx. twice per year)
TIME PER DAY= 3.5 HOUR
TIME PER CONTRACT YEAR =7 HOURS
• Vacuuming all carpeted areas inside the terminal building (1 time a day, 3 days a week)
TIME PER DAY= 9.0 HOUR
TIME PER CONTRACT YEAR =468 HOURS
• Sweeping and mopping all floors inside the terminal building (1 time a day, five days a week)
TIME PER DAY= 2.0 HOUR
TIME PER CONTRACT YEAR =207.99 HOURS
• Emptying cigarette cans located outside the terminal building (1 time a day, five days a week)
TIME PER DAY= 0.835 HOUR
TIME PER CONTRACT YEAR =43.42 HOURS
300
• Cleaning all public restrooms inside the terminal, to include mopping floors, cleaning and sanitizing all restroom fixtures, stocking all paper projects, emptying trash cans, cleaning mirrors, and stocking air fresheners (1 times a day, five days a week) TIME PER DAY BATHROOM CLEANING= 1.5 HOUR
TIME PER CONTRACT YEAR = 547 HOURS
• Dusting all surfaces and fixtures inside the airport terminal (Twice a week) TIME PER DAY= 0.334 HOUR
TIME PER CONTRACT YEAR =17.34 HOURS
• Cleaning trash receptacles located inside and outside the terminal building (Once a week)
TIME PER DAY= 0.167 HOUR
TIME PER CONTRACT YEAR =8.684 HOURS
• Thoroughly cleaning ground-level glass surfaces in terminal building, entryways, concession space, security checkpoint, and passenger waiting areas in the terminal building (Once a week)
•
TIME PER DAY= 0.334 HOUR
TIME PER CONTRACT YEAR =17.34 HOUR
• Wiping down chairs in public waiting areas (Once a week) TIME PER DAY= 0.167 HOUR
TIME PER CONTRACT YEAR =8.67 HOURS
• Cleaning City Administrative Offices on both upper and lower levels, to include vacuuming, emptying all office trash cans (2 times a week) TIME PER DAY= 5.0 HOUR
TIME PER CONTRACT YEAR =520 HOURS
• Cleaning all public restrooms, to include mopping, cleaning and sanitizing all restroom fixtures, stocking all paper products, cleaning office glass surfaces (2 times a week)
•
TIME PER DAY BATHROOM CLEANING= 3.5 HOUR TIME PER CONTRACT YEAR = 1235 HOURS
Holidays: Contractor shall not provide services on City-observed holidays except for the Airport facility lobby and main level restrooms. Service of the Airport lobby and the main level restrooms at the Airport is to be performed seven days per week.

City-observed holidays include:
• January 1st (New Year’s Day)
• third Monday in January (Civil Rights Day / Martin Luther King) • third Monday in February (President’s Day)
• last Monday in May (Memorial Day)
• June 19th (Juneteenth)
• July 4th (Independence Day)
• first Monday in September (Labor Day)
• November 11th (Veteran’s Day)
301
• fourth Thursday in November (Thanksgiving Day)
• fourth Friday in November, (Friday following Thanksgiving Day) • December 24th (Christmas Eve)
• December 25th (Christmas Day).
302

EXHIBIT E
Location of Areas that Require Custodial Services under this Contract 303

EXHIBIT F
Janitor Equipment List Supplied by City of South Lake Tahoe Quantity Item Condition
2 Mops & Mop Buckets Good
2 Small Brooms and Dust
Pans
Good
1 Commercial Upright
Vacuum Clean
Good
2 Handheld Vacuum Good
1 Window Washer with
Squeegee
Good
1 Push Dust Broom Fair
1 Small Squeegee Good
304

EXHIBIT G

DISPLACED JANITOR OPPORTUNITY ACT
California Labor Code
Division 2 Employment Regulation and Supervision
Part 3 Privileges and Immunities
Chapter 4.5 Displaced Janitor Opportunity Act
Sections 1060-1065
1060. The following definitions shall apply throughout this chapter:
(a) "Awarding authority" means any person that awards or otherwise enters into contracts for janitorial or building maintenance services performed within the State of California, including any subcontracts for janitorial or building maintenance services. (b) "Contractor" means any person that employs 25 or more individuals and that enters into a service contract with the awarding authority.
(c) "Employee" means any person employed as a service employee of a contractor or subcontractor who works at least 15 hours per week and whose primary place of employment is in the State of California under a contract to provide janitorial or building maintenance services. "Employee" does not include a person who is a managerial, supervisory, or confidential employee, including those employees who would be so defined under the federal Fair Labor Standards Act.
(d) "Person" means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts.
(e) "Service contract" means any contract that has the principal purpose of providing services through the use of service employees.
(f) "Subcontractor" means any person who is not an employee who enters into a contract with a contractor to assist the contractor in performing a service contract. (g) "Successor service contract" means a service contract for the performance of essentially the same services as were previously performed pursuant to a different service contract at the same facility that terminated within the previous 30 days. A service contract entered into more than 30 days after the termination of a predecessor service contract shall be considered a "successor service contract" if its execution was delayed for the purpose of avoiding application of this chapter.
1061. (a) (1) If an awarding authority notifies a contractor that the service contract between the awarding authority and the contractor has been terminated or will be terminated, the awarding authority shall indicate in that notification whether a successor service contract has been or will be awarded in its place and, if so, shall identify the name and address of the successor contractor. The terminated contractor shall, within three working days after receiving that notification, provide to the successor contractor identified by the awarding authority, the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contract at the time of the contract termination.
(2) If the terminated contractor has not learned the identity of the successor contractor, if any, the terminated contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor contractor as soon as that contractor has been selected. (3) The requirements of this section shall be equally applicable to all subcontractors of a terminated contractor.
305
(b) (1) A successor contractor or successor subcontractor shall retain, for a 60-day transition employment period, employees who have been employed by the terminated contractor or its subcontractors, if any, for the preceding four months or longer at the site or sites covered by the successor service contract unless the successor contractor or successor subcontractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contract. This requirement shall be stated by awarding authorities in all initial bid packages that are governed by this chapter.
(2) The successor contractor or successor subcontractor shall make a written offer of employment to each employee, as required by this section, in the employee's primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. Nothing in this section requires the successor contractor or successor subcontractor to pay the same wages or offer the same benefits as were provided by the prior contractor or prior subcontractor. (3) If at any time the successor contractor or successor subcontractor determines that fewer employees are needed to perform services under the successor service contract or successor subcontract than were required by the terminated contractor under the terminated contract or terminated subcontract, the successor contractor or successor subcontractor shall retain employees by seniority within the job classification.
(c) The successor contractor or successor subcontractor, upon commencing service under the successor service contract, shall provide a list of its employees and a list of employees of its subcontractors providing services at the site or sites covered under that contract to the awarding authority. These lists shall indicate which of these employees were employed at the site or sites by the terminated contractor or terminated subcontractor. The successor contractor or successor subcontractor shall also provide a list of any of the terminated contractor's employees who were not retained either by the successor contractor or successor subcontractor, stating the reason these employees were not retained. (d) During the 60-day transition employment period, the successor contractor or successor subcontractor shall maintain a preferential hiring list of eligible covered employees not retained by the successor contractor or successor subcontractor from which the successor contractor or successor subcontractor shall hire additional employees until such time as all of the terminated contractor's or terminated subcontractor's employees have been offered employment with the successor contractor or successor subcontractor. (e) During the initial 60-day transition employment period, the successor contractor or successor subcontractor shall not discharge without cause an employee retained pursuant to this chapter. Cause shall be based only on the performance or conduct of the particular employee.
(f) At the end of the 60-day transition employment period, a successor contractor or successor subcontractor shall provide a written performance evaluation to each employee retained pursuant to this chapter. If the employee's performance during that 60-day period is satisfactory, the successor contractor or successor subcontractor shall offer the employee continued employment. Any employment after the 60-day transition employment period shall be at-will employment under which the employee may be terminated without cause. 1062. (a) An employee, who was not offered employment or who has been discharged in violation of this chapter by a successor contractor or successor subcontractor, or an agent of the employee may bring an action against a successor contractor or successor subcontractor in any superior court of the State of California having jurisdiction over the successor contractor or successor subcontractor. Upon finding a violation of this chapter, the court shall award backpay, including the value of benefits, for each day during which the 306
violation has occurred and continues to occur. The amount of backpay shall be calculated as the greater of either of the following:
(1) The average regular rate of pay received by the employee during the last three years of the employee's employment in the same occupation classification multiplied by the average hours worked during the last three years of the employee's employment.
(2) The final regular rate of pay received by the employee at the time of termination of the predecessor contract multiplied by the number of hours usually worked by the employee.
(b) The court may order a preliminary or permanent injunction to stop the continued violation of this chapter.
(c) If the employee is the prevailing party in the legal action, the court shall award the employee reasonable attorney's fees and costs as part of the costs recoverable. (d) In the absence of a claim by an employee that he or she was terminated in violation of this chapter, an employee may not maintain a cause of action under this chapter solely for the failure of an employer to provide a written performance evaluation. 1063. (a) This chapter only applies to contracts entered into on or after January 1, 2002. (b) Except for the obligations specified in subdivisions (a) and (b) of Section 1061, nothing in this chapter changes or increases the relationship or duties of a property owner or an awarding authority, or their agents, with respect to contractors, subcontractors, or their employees.
(c) Nothing in this chapter limits the right of a property owner or an awarding authority to terminate a service contract or to replace a contractor with another contractor or with the property owner's or awarding authority's own employees. 1064. Nothing in this chapter shall prohibit a local government agency from enacting ordinances relating to displaced janitors that impose greater standards than, or establish additional enforcement provisions to, those prescribed by this chapter. 1065. If any provision or provisions of this chapter or any application thereof is held invalid, that invalidity shall not affect any other provisions or applications of this chapter that can be given effect notwithstanding that invalidity
307

EXHIBIT G

JANITORIAL SERVICES BOND REQUIREMENTS

THE CONTRACTOR'S ATTENTION IS DIRECTED TO THE BONDING
REQUIREMENTS BELOW. IT IS HIGHLY RECOMMENDED THAT THE

CONTRACTOR CONFER WITH THEIR RESPECTIVE INSURANCE AGENT

OR BROKER TO DETERMINE, IN ADVANCE OF BID SUBMISSION, THE

AVAILABILITY OF THE BONDS AS PRESCRIBED AND PROVIDED FOR HEREIN. IF AN APPARENT LOW CONTRACTOR FAILS TO COMPLY

STRICTLY WITH THE BONDING REQUIREMENTS, THAT CONTRACTOR MAY BE DISQUALIFIED FROM AWARD OF THE CONTRACT.

A. JANITORIAL FIDELITY BOND: Before execution of any Contract entered into by the City, the Contractor shall file with the City, a Janitorial Fidelity Bond. The Contractor shall obtain Fidelity Bonding for all employees performing work under this contract against theft of personal property. Include a copy of bond endorsement affecting such coverage or provide a letter from surety stating that your firm is bondable for the limit required (minimum of $5,000 per occurrence) if awarded the contract. Said bond must be furnished to the City within ten (10) days after notification of award. Such bond shall either name the City as the insured oblige, or include an endorsement naming the City as an additional oblige and providing for customary property coverage in favor of the City. If the Contractor does business as an individual, such Blanket Fidelity Bond shall cover himself or herself also as an individual as a protection to the City.

B. UNSATISFACTORY SURETIES: Should any Surety at any time be deemed unsatisfactory by the City notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the Contract until a new Surety shall qualify and be accepted by the City.

C. EFFECT OF CHANGES IN THE WORK/EXTENSIONS OF TIME ON
THE SURETY: Changes in the work, or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or the Surety from their obligations under the bond. Notice of such changes or extensions shall be waived by the Surety.

D. INSUFFICIENCY OF THE BONDS: Should any bond(s) required under this section become insufficient, the Contractor shall renew the bond(s) within ten (10) calendar days after receiving notice from the City of the bond's insufficiency.

E. PROCUREMENT OF BONDS:

1. All bonds required under this section, shall be procured from a California licensed and admitted surety company, listed by the 308
Fiscal Service of The United States Department of the Treasury under the Notice for "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies", current on the date of the notice of award.

2. All bonds required pursuant to this section shall be secured from a surety company satisfactory to the City.

F. ATTORNEY-IN-FACT: The Attorney-in-Fact (Resident Agent) who executes the bonds on behalf of the Surety Company shall attach a notarized copy of their power-of-attorney as evidence of their authority to bond the Surety Company on the date of execution of the bonds.

G. HOW BONDS ARE TO BE PAYABLE: All bonds shall be made payable to the City of South Lake Tahoe.

H. SIGNATURES REQUIRED ON BONDS:

1. Each bond required under this section shall incorporate, by reference, the Contract and be signed by both the bidder and the Surety.

2. The signature of the authorized agent of the Surety and the Contractor shall be notarized.

I. COST OF BOND ACQUISITION:

1. The bidder shall be responsible for the cost of all bond premiums, costs, and incidentals necessary to secure the bonds.

2. The costs to secure all bonds required under this section shall be included in the Contractor's bid.
309

EXHIBIT I

COPIES OF INSURANCE CERTIFICATE DOCUMENTS
310

CERTIFICATE OF LIABILITY INSURANCE

PRODUCER
Fairfield OH 45018

INSURED
CA 926541216
CERTIFICATE NUMBER: 0364036069 REVISION NUMBER:

TYPE OF INSURANCE POLICY NUMBER limits
A X X BKS64817312 05/17/2022 05/17/2023

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

AUTOMOBILE LIABILITY
B BAS64817312 08/11/2022 05/17/2023
X X

UMBRELLA UAB OCCUR EACH OCCURRENCE

EXCESS UAB CLAIMS-MADE AGGREGATE
PED
E L. DISEASE - EA EMPLOYEE
E L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03)
ADDL
JNSQ.

SCHEDULED
AUTOS

NON-OWNED

AUTOS ONLY
SUBR
WVD

POLICY EXP
(MWDD/YYYY)
Jyb Solutions Lie
24001 Calle De La Magdalena Unit 2401

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

POLICY EFF
(MWDD/YYYY)
The City of South Lake Tahoe, its elected or appointed officers, officials, employees, agents and volunteers are Additional Insured if required by written contract or written agreement subject to General Liability Blanket Additional Insured Provision.

Liberty Mutual Insurance
PO Box 188065

DATE (MM/DD/YYYY)
08/11/2022
j RETENTIONS

COMMERCIALGENERAL LIABILITY
___ | CLAIMS-MADE OCCUR
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

COMBINED SINGLE LIMIT
(Ea accident) ____________
BODILY INJURY (Per person)
BODILY INJURY (Per accident)

PROPERTY DAMAGE
(Per accident)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).

GEN L AGGREGATE LIMIT APPLIES PER:

X policy r IJECT [x| loc
OTHER:

Laguna Hills
coverages' _________________________________________________________

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSRl
LTR
X
jPER

I STATUTE
E.L. EACH ACCIDENT

WORKERS COMPENSATION
AND EMPLOYERS’ LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
if yes, describe undec
DESCRIPTION OF OPERATIONS below
$ 1,000,000

CONTACT
NAME:
(Att’No.Exn: 800-962-7132 Iwc.no): 800-845-3666
address: [email protected]
INSURER(S) AFFORDING COVERAGE NAIC#
insurer a : Ohio Security Insurance Company 24082
insurer b : Ohio Security Insurance Company 24082
INSURER C :

INSURER D:

INSURER E:

INSURER F :

The City of South Lake Tahoe
1901 Lisa Maloff Way

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

South Lake Tahoe CA 96150 AUTHORIZED REPRESENTATIVE
— Curtis Luken
311
Resolution 2022-XXX September 6, 2022 Page 1 of 1
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
September 6, 2022
Amending Fiscal Year 2022-2023 Budget by Appropriating $46,439.00 from General Fund Undesignated Excess Reserves and Authorizing the Mayor to execute an Agreement with JYB Solutions, LLC for the City Hall/Airport Custodial Services for $46,439.00

BACKGROUND
A. City Hall/Airport, as a public facility, requires professional custodial services, including the necessary routine interior cleaning for areas that need attention.

B. The City issued a Request for Proposal on July 5th, 2022, for custodial services for the period of October 1, 2022, to September 30, 2023, with an optional four additional years.

C. The Selection Panel has ranked JYB Solutions, LLC as the top-ranked firm in accordance with City’s Procurement Policies.

D. In the past, these services have been contracted out.

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 and directs the Mayor to sign an Agreement with JYB Solutions, LLC in the amount of $46,439.00 with JYB Solutions, LLC. for the first-year contract.

2. Amends Fiscal Year 2022-2023 Budget by Appropriating $46,439 from General Fund Undesignated Excess Reserves into Airport Terminal Building Custodial account 501-05120-43023.

Adopted by the City of South Lake Tahoe City Council on September 6, 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.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 6, 2022
Agenda Item #: 14
Agenda Item: Contract with Consolidated Engineering, Inc. for Hangar Taxilane Replacement Project Executive Summary: Staff is requesting City Council approve the construction contract with Consolidated Engineering Inc. to reconstruct the taxilanes near the hangars at the Airport. This reconstruction is necessary to mitigate damage to aircraft and other users of the Airport. The total amount of this contract will be $413,997.50
and a contingency of 10% in the amount of $41,339.75, for a total cost not to exceed $455,397.25.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a contract with Consolidated Engineering Inc. to reconstruct the taxilanes near the hangars at the Airport in an amount not to exceed $413,997.50 plus 10% construction contingency of $41,339.75 .

Responsible Staff Member: John Dickinson, Airport Manager Responsible Staff Member: John Dickinson, Airport Manager (530) 542-6182 Reviewed and Approved By:

Anush Nejad, Director of Public Works
Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01-Staff Report - 2022 Taxilane Rehabilitation Agreement.docx 02-Consolidated Engineering Bid.pdf
03-Construction Contract -2022 Hangar Taxilane Rehabilitation Project.pdf 313
Council Agenda Report September 6, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 6, 2022
Title: Contract with Consolidated Engineering, Inc. for Taxilane Replacement Project Location: Airport
Responsible Staff Member: John Dickinson, Airport Manager (615) 305-5850 Background: The Airport’s pavements around the hangars have been deteriorating and need rehabilitation. This rehabilitation is necessary to help mitigate damage to aircraft and other users of the airport. This project was included in the Airport’s CIP program and was designed by Jviation a Woolpert Company. The Rehabilitation includes 3 to 4-inches mill and fill treatment for each of the taxilanes. The project includes a base bid item and five alternate bids that cover all the taxilanes in between the hangers as well as the taxiway delta.

Issue and Discussion: On August 1, 2022, the Airport advertised the 2022 Taxilane Hangar Replacement Project bid on the City Planet Bids website. The Project Notice to Bidders was also advertised in the Tahoe Daily Tribune per Public Contract Code requirements. The Project bidding period closed on August 16, 2022.

Public Works received four (4) sealed bids, which were publicly opened and read aloud at the scheduled bid opening located at the City Public Works Building. The lowest responsible and responsive bidder was determined to be Consolidated Engineering Inc. with a bid amount of $141,745.00, with two Bid Alternates, totaling $413,997.50.

Base bid results are as follows:

Name of Contractor Bid Price
Consolidated Engineering $141,745.00
Sierra Nevada Construction $205,947.00
Qualcon Contractors $209,100.00
Martin Brothers Construction $246,654.00
Bid Alternate schedules:

Schedule Number Bid Price
Ib $135,820.00
Ic $136,432.50
314
Council Agenda Report September 6, 2022 Page 2 of 2
Due to the bid results, the City can award only two bid alternates. Other bid alternates, as well as the Taxiway Delta rehabilitation will be deferred to the future once additional funding is identified.

Financial Implications: The lowest responsive responsible bid received for this project was from Consolidated Engineering Inc. in the amount of $413,997.50, including the Base Bid Items and two Alternate Bid Items. The total anticipated cost for the project, including the City’s standard 10% contingency, is $455,397.25, as shown in the table below.

Expense Description Amount
Construction Contract $413,997.50
10% Construction Contingency $41,339.75
TOTAL ANTICIPATED EXPENSES $455,397.25
Funding for the project will be secured through account 501-80046-48030 (Airport Hanger Pavement – Construction). The current available unencumbered budget in the Construction account as of August 31, 2022, is $515,000. The proposed construction budget is $455,397.25 is within the current funding allocation.

Environmental Considerations: This project has a grading permit from Tahoe Regional Planning Agency (TRPA). No environmental review is required under 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 City Council has included infrastructure as one of its Strategic Priorities and Goals in the 2021-2026 Strategic Plan. This project will help accomplish the City Council’s objective as well as provide adequate taxilanes for aircraft. 315
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CITY OF SOUTH LAKE TAHOE

DEPARTMENT OF PUBLIC WORKS

AGREEMENT
City of South Lake Tahoe

DEPARTMENT OF PUBLIC WORKS

AGREEMENT
for
2022 HANGAR TAXILANE REHABILITATION PROJECT
PWC 22-50180046
CITY BID NO. 22-50180046-BN1

FEDERAL AIP PROJECT N/A)
THIS AGREEMENT is made and entered into this 6 day of September, 2022, by and between the City of South Lake Tahoe, a political subdivision of the State of California, herein designated “City”, and Consolidated Engineering , herein designated as “Contractor.” WITNESSETH, that the City and the Contractor, in consideration of the mutual covenants hereafter set forth, agree as follows:

ARTICLE 1 - THE WORK
Contractor agrees to furnish all labor, tools, equipment, facilities, materials, transportation and services necessary to perform and complete, in a good and workmanlike manner, the 2022 HANGAR TAXILANE REHABILITATION PROJECT as required pursuant to the Contract Documents.

ARTICLE 2 - COMMENCEMENT AND COMPLETION
The Work to be performed under this Agreement shall commence at the time as specified in the Notice to Proceed, and the Contractor shall diligently undertake the performance of the obligations as set forth in the Contract Documents to achieve Final Completion of the Work (as defined at Section 9.9 Special Provisions) on or before October 31, 2022 (the “Contract Time”).

No grading or excavation or other land disturbance will be allowed between October 15th and May 1
st; all Work shall be performed after the issuance of the Notice to Proceed, and Final Completion achieved within the contract time as set forth in these Contract Documents.

The City and the Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the Work is not completed within the time specified herein, plus 354
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any extensions thereof allowed in accordance with the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by the City if the Work is not completed within the Contract Time. Accordingly, instead of requiring any such proof, and pursuant to the Contract Documents, the City and the Contractor agree that as liquidated damages (but not as a penalty), the Contractor shall pay the City the sum of $500 for each calendar day beyond October 15, 2022, and continuing until Bidder achieves Milestone #1, Substantial Completion (per Document 00100, Article 1.04.A.1), and $500 for each calendar day beyond October 31, 2022, that portion of the Contract Time within which the Bidder is required to achieve Milestone #2, Final Completion (per Document 00100, Article

1.04.A.3).

In accordance with the Contract Documents, including, without limitation Document 00400.4.2 (“Bid Proposal”), the daily amount that Contractor may charge to the City for all delay costs, direct and indirect (and inclusive of all expenses and damages, including, without limitation, jobsite and home office overhead costs and extended general conditions) applicable to the first sixty (60) calendar days of Compensable Delay, if any, is $0.00/cal day the amount set forth by Contractor in Document 00400.4.2 (“Bid Proposal”). This sum shall represent the exclusive and sole amount (i.e., payment in full for any and all direct and indirect delay costs) that Contractor, on behalf of itself and subcontractors and suppliers, of every tier, shall receive for any and all Compensable Delay(s) during the first sixty (60) calendar days of actual, Compensable Delay at the Project. Delay costs that may arise from Compensable Delay, if any, beyond the first sixty (60) calendar days of a Compensable Delay, if allowable, shall thereafter be governed by, and subject to, the applicable provisions of Sections 8 and 9 of the Standard Specifications, as modified by the Special Provisions, and the Contract Documents.

ARTICLE 3 - CONTRACT PRICE
The City agrees to pay, and the Contractor agrees to accept, in current funds for the performance of the Work pursuant to the Contract Documents, the Contract Sum for the completion of the Work in accordance with the Contract Documents as follows:
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TOTAL CONTRACT SUM: $413,997.50
For the Total Contract Sum of four hundred and thirteen thousand nine hundred and ninety-seven dollars and fifty cents.

The above Total Contract Sum includes all allowances, if any, provided for in the Contract Documents.

Compensation for Unit Price Items shall be based upon the unit prices stated in the above schedule multiplied by the actual quantities or units of work and materials performed or furnished. Unit prices paid by the City may change depending on actual quantities or units of work completed in accordance with the Contract Documents.

ARTICLE 4 - PREVAILING WAGES
Pursuant to the provisions of California Labor Code, Sections 1770 to 1780, inclusive thereof, the Contractor, and any subcontractor, of any tier, shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial 356
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Relations.

In compliance with Senate Bill 854 and the California Labor Code, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit through the electronic certified payroll reporting (eCPR) system, as well as to the City.

Pursuant to the provisions of California Labor Code Section 1773.2, the Contractor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the Work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the City's office. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774.

These rate determinations are found on the State of California Department of Industrial Relations’ website at: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.

ARTICLE 5 - CONTRACT DOCUMENTS
The Agreement includes and incorporates by reference the Contract Documents for the Project, which consists of the following documents:
(a) Notice to Bidders (Document 00100);
(b) Instructions to Bidders (Document 00200);
(c) Bid Proposal (Document 00400);
(d) Bidder's Bond (Document 00410);
(e) Designation of Subcontractors (Document 00420);
(f) Self-Performance Declaration (Document 00425);
(g) Debarment and Suspension Certifications (Document 00430); (h) Non-Collusion Declaration (Document 00432);
(i) Worker's Compensation Certification (Document 00435); (j) Business and Professions Code Sections 7028.15 and 7031 Statement (Document 00440);
(k) Bidder's Statement of Financial Responsibility, Technical Ability and Experience (Document 00450);
(l) Equal Employment Opportunity Certification (Document 00460); (m) Non-Lobbying Certification (Document 00465);
(n) Disclosure of Lobbying Activities (Document 00466); (o) Agreement (Document 00500);
(p) Payment Bond Form (Document 00610);
(q) Performance Bond Form (Document 00620);
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(r) Sample Escrow Agreement for Security Deposits In Lieu of Retention (Document 00630);
(s) Warranty/Guaranty Form (Document 00635);
(t) Acknowledgment of City Code (Document 00640);
(u) Bid Document Certification (Document 00650);
(v) The Standard Specifications of the State of California, Department of Transportation, dated 2018; the Standard Plans of the State of California, Department of Transportation, dated 2018, and the South Lake Tahoe Public Improvement and Engineering Standards;
(w) Special Provisions (which incorporate by reference, and, as specified, modify the Standard Specifications of the State of California, Department of Transportation, dated 2018; the Standard Plans of the State of California, Department of Transportation, dated 2018, and the South Lake Tahoe Public Improvement and Engineering Standards) (Document 00700);
(x) Supplemental Conditions (Document 00800), if any;
(y) General Requirements, if any;
(z) Construction Progress Documentation (Document 01300); (aa) Technical Specifications;
(bb) Contract Drawings;
(cc) Addenda (numbers ___ to____, inclusive; and
(dd) Permits from other agencies as may be required by law. (ee) All Documents referenced as constituting the “Bid Documents” pursuant to Section 1.3 (“Bid Documents”) of the Special Provisions.

Exhibits to this Agreement are enumerated as follows:
• Exhibit A: Escrow Bid Document Certification; and
• Exhibit B: Insurance Certificates and Endorsements.

ARTICLE 6 - WORKERS’ COMPENSATION
Contractor shall take out and maintain during the life of the Agreement, adequate and sufficient workers’ compensation insurance for all Contractor’s employees employed at the site of improvements, and, if any Work is sublet, Contractor shall require each subcontractor similarly to provide workers’ compensation insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by Contractor. If any class of employees engaged in Work under this contract at the site of the Project is not protected under workers’ compensation law, Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify the City and the California Department of Transportation for any damage resulting to it from failure of either Contractor or any subcontractor to take out or maintain such insurance. 358
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By its signature upon this Agreement, Contractor certifies that it has carefully reviewed and is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of the labor Code. Contractor, as a condition precedent to the commencement of its Work pursuant to the Agreement, shall comply with such provisions.

ARTICLE 7 - INDEMNITY AND INSURANCE
To the fullest extent permitted by law, including, without limitation, Civil Code section 2782, et seq., and in strict accordance with the Contract Documents, Contractor shall defend, indemnify, and hold harmless the City, its officials, officers, City Council members, employees, agent, the California Department of Transportation, the Project Manager, the Architect/Engineer, the Project consultants, and their respective principals, officers and employees, and each of them, of and from any and all claims, demands, suits, causes of action, damages, costs, expenses, attorneys' fees, losses, or liability, in law or in equity, of every kind and nature whatsoever related to, arising out of, or in connection with, Contractor's operations to be performed under this Agreement, and as otherwise set forth in Contract Documents, including, without limitation, Section 7-1.05A of the Standard Specifications, as modified by Section 7.11 of the Special Provisions. The obligations of defense and indemnity set forth in this Article, and in the Contract Documents, shall not be limited by any insurance requirements or obligations pursuant to the Contract Documents, and shall not extend to the sole negligence or willful misconduct of the City, or the active negligence of the City. The obligations arising from this Article shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity (including all duties to defend), which would otherwise exist as to a party, or person described elsewhere in the Contract Documents.

Contractor shall maintain the insurance coverage described in Section 7-1.06 of the Standard Specifications, as modified by Section 7.12 of the Special Provisions, throughout the performance of the Agreement, including any maintenance, warranty and/or guaranty periods.

This Agreement shall not be operative until evidence of such insurance has been provided to, and approved by, the City as to form, amount, and carrier. Contractor shall not allow any subcontractor to commence Work at the Project until subcontractor provides evidence to Contractor and City that subcontractor has obtained insurance acceptable to the City.

ARTICLE 8 - NOTICES
Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the address listed below:

Notices required to be given to City: Notices required to be given to Contractor:

Public Works Director/City Engineer
City of South Lake Tahoe ______________________________________ 1740 D Street
South Lake Tahoe, CA 96150-6251 ______________________________________ Notices required to be given to any surety(ies):
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ARTICLE 9 - MISCELLANEOUS

9.1 Terms. Terms used in this Agreement will have the meanings indicated in the Contract Documents.

9.2 Assignment. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assign, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

9.4 Severability. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

9.5 South Lake Tahoe City Code. Contractor acknowledges that all pertinent provisions within the South Lake Tahoe City Code are incorporated by reference as though set forth in full herein, and, further, the failure of Contractor or any subcontractor, of any tier, to comply with any of its/their obligations under the Contract Documents, or the requirements of the South Lake Tahoe City Code, or any other applicable law, code, statute, or regulation, shall be deemed a material breach of the Agreement.

9.6 Third Party Beneficiary. Contractor expressly acknowledges the City's status as a third party beneficiary solely with respect to the performance to be rendered under each subcontract, of any tier, upon the Project, and, as a result, Contractor acknowledges that City possesses, inter alia, the rights enumerated within the South Lake Tahoe City Code as to the enforcement of obligations under subcontracts of any tier.

9.7 Regulatory Requirements. Contractor acknowledges that the Project is subject to requirements and regulations issued on behalf of various governmental and/or regulatory bodies, including, without limitation, the Lahontan Regional Water Quality Control Board and the Tahoe Regional Planning Agency, among others. Contractor agrees to fully and promptly comply with any and all requirements and regulations issued on behalf of such entities.

9.8 Governing Law. This Agreement and the Contract Documents shall be deemed to have 360
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been entered into in the County of El Dorado, State of California, and governed by California law. By entering into this Agreement, the Contractor consents and submits to the jurisdiction of Courts of the State of California, County of El Dorado, over any action of law, suit in equity, and/or other proceeding that may arise out of the Contract Documents.

IN WITNESS HEREOF, the said City of South Lake Tahoe, State of California, has caused this Agreement to be executed by its Mayor in its behalf, and the said Contractor has signed this Agreement the day and year first above written.

CITY OF SOUTH LAKE TAHOE Contractor: Consolidated Engineering Inc.

By By
Devin Middlebrook, Mayor Casey Curtin, President
Business License No.

APPROVED AS TO FORM:

By
Heather Stroud, City Attorney
ATTEST:

By
Susan Blankenship, City Clerk
#100301
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EXHIBIT A

ACCEPTED CONTRACTOR BID
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EXHIBIT B

ESCROW BID DOCUMENTS & CERTIFICATION
363
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EXHIBIT C

INSURANCE CERTIFICATES & ENDORSEMENTS
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365
366
367
368
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EXHIBIT D

PERFORMANCE AND PAYMENT BOND
369
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EXHIBT E
Identification Number and Certification
370
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
▶ Go to www.irs.gov/FormW9 for instructions and the latest information.

Give Form to the
requester. Do not
send to the IRS.

Print or type.

See Specific Instructions on page 3.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions) ▶
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):

Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number
– –
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign
Here Signature of
U.S. person ▶ Date ▶
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 10-2018)
Valley Springs, CA, 95252
P.O. BOX 701
Consolidated Engineering Inc.

Casey Curtin
4/5/22
0 9 5 0 6 5 1 8 3
371
Form W-9 (Rev. 10-2018) Page 2
By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information.

Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.

In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;
• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.

Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income.

3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.

4. The type and amount of income that qualifies for the exemption from tax.

5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.

Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Payments you receive will be subject to backup withholding if:

1. You do not furnish your TIN to the requester,

2. You do not certify your TIN when required (see the instructions for Part II for details),

3. The IRS tells the requester that you furnished an incorrect TIN,

4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or

5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).

Certain payees and payments are exempt from backup withholding.

See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.

Also see Special rules for partnerships, earlier.

What is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.

Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.

Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.
372
Form W-9 (Rev. 10-2018) Page 3
Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.

Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.

If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.
a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.

Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application.
b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2. c. Partnership, LLC that is not a single-member LLC, C
corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.
d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9.

This is the case even if the foreign person has a U.S. TIN.

Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.

Line 3
Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3.

IF the entity/person on line 1 is
a(n) . . .

THEN check the box for . . .
• Corporation Corporation
• Individual
• Sole proprietorship, or
• Single-member limited liability
company (LLC) owned by an
individual and disregarded for U.S.
federal tax purposes.

Individual/sole proprietor or singlemember LLC
• LLC treated as a partnership for
U.S. federal tax purposes,
• LLC that has filed Form 8832 or
2553 to be taxed as a corporation,
or
• LLC that is disregarded as an
entity separate from its owner but
the owner is another LLC that is
not disregarded for U.S. federal tax
purposes.

Limited liability company and enter
the appropriate tax classification.
(P= Partnership; C= C corporation;
or S= S corporation)
• Partnership Partnership
• Trust/estate Trust/estate
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.

Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.

The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession
7—A futures commission merchant registered with the Commodity Futures Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a) 11—A financial institution
12—A middleman known in the investment community as a nominee or custodian
13—A trust exempt from tax under section 664 or described in section 4947
373
Form W-9 (Rev. 10-2018) Page 4
The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.

IF the payment is for . . . THEN the payment is exempt
for . . .

Interest and dividend payments All exempt payees except for 7
Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations.

S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.

Barter exchange transactions and
patronage dividends
Exempt payees 1 through 4
Payments over $600 required to be
reported and direct sales over
$5,0001
Generally, exempt payees
1 through 52
Payments made in settlement of
payment card or third party network
transactions
Exempt payees 1 through 4
1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.

Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code.

A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state
G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940
I—A common trust fund as defined in section 584(a)
J—A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section 4947(a)(1)
M—A tax exempt trust under a section 403(b) plan or section 457(g) plan
Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.

Line 5
Enter your address (number, street, and apartment or suite number).

This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.

Line 6
Enter your city, state, and ZIP code.

Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.

If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN.

Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations.

How to get a TIN. If you do not have a TIN, apply for one immediately.

To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213.

Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days.

If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments.

You will be subject to backup withholding on all such payments until you provide your TIN to the requester.

Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon.

Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.

Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.

For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier.

Signature requirements. Complete the certification as indicated in items 1 through 5 below.
374
Form W-9 (Rev. 10-2018) Page 5

1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.

You must give your correct TIN, but you do not have to sign the certification.

2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

What Name and Number To Give the Requester
For this type of account: Give name and SSN of:

1. Individual The individual

2. Two or more individuals (joint
account) other than an account
maintained by an FFI
The actual owner of the account or, if
combined funds, the first individual on
the account1

3. Two or more U.S. persons
(joint account maintained by an FFI)
Each holder of the account

4. Custodial account of a minor
(Uniform Gift to Minors Act)
The minor2

5. a. The usual revocable savings trust
(grantor is also trustee)
b. So-called trust account that is not
a legal or valid trust under state law
The grantor-trustee1
The actual owner1

6. Sole proprietorship or disregarded
entity owned by an individual
The owner3

7. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(i)
(A))
The grantor*
For this type of account: Give name and EIN of:

8. Disregarded entity not owned by an
individual
The owner

9. A valid trust, estate, or pension trust Legal entity4

10. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
The corporation

11. Association, club, religious,
charitable, educational, or other taxexempt organization The organization

12. Partnership or multi-member LLC The partnership

13. A broker or registered nominee The broker or nominee For this type of account: Give name and EIN of:

14. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
The public entity

15. Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1.671-4(b)(2)(i)(B))
The trust
1 List first and circle the name of the person whose number you furnish.

If only one person on a joint account has an SSN, that person’s number must be furnished.
2 Circle the minor’s name and furnish the minor’s SSN.
3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN.
4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier.
*Note: The grantor also must provide a Form W-9 to trustee of trust.

Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.

Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.

To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.

If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.

If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.

For more information, see Pub. 5027, Identity Theft Information for Taxpayers.

Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.

Protect yourself from suspicious emails or phishing schemes.

Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. 375
Form W-9 (Rev. 10-2018) Page 6
The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at [email protected] or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338).

If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027.

Visit www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk.

Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information.

Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer.

Certain penalties may also apply for providing false or fraudulent information.
376
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 6, 2022
Agenda Item #: 15
Agenda Item: Agreement with SNG & Associates, Inc. for Design and Engineering Services for the Barton Ave & 2nd Street Drainage Project
Executive Summary: The City of South Lake Tahoe received a $1,289,822 Proposition 68 grant from the California Natural Resources Agency for storm drainage and water quality improvements in the Barton Avenue, Helen Avenue, Second Street, Winnemucca Avenue, Silver Tip Avenue area that is prone to flooding during high intensity storms and warm rain-on-snow events. The City committed to a local match contribution of $183,743 to fund Project planning, design, engineering, and permitting.

Public Works, Engineering Division advertised a Request for Proposals (RFP) on the City's PlanetBids website and re-advertised the RFP on July 15, 2022. Three proposals were received on July 29, 2022.

Following careful review and scoring of the RFPs, consulting firm, SNG & Associates, Inc. was selected as the most qualified consultant to assist Public Works, Engineering Division with the preparation of 100% plans, specifications, and permitting documents. The negotiated contract fee is $214,780.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with SNG & Associates, Inc. for Design & Engineering Services for the Barton Ave & 2nd Street Drainage Project for an amount not to exceed $214,780.

Responsible Staff Members: Stan Hill, Engineering Manager and Jason Burke, Complete Streets Manager
Responsible Staff Member: Stan Hill, Engineering Manager/City Engineer Jason Burke, Complete Streets Manager
Reviewed and Approved By:

Anush Nejad, Director of Public Works
Hilary Roverud, Director of Development Services
Susan Blankenship, City Clerk
Heather Stroud, City Attorney
Joseph Irvin, City Manager
Attachments:
01-Staff Report - Street Drainage Project.docx
02-Location Map and Photos
03-Professional Services Agreement
04-Resolution 2022-006
377
Council Agenda Report- September 6, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 6, 2022
Title: Professional Services Agreement for Design/Engineering Services for the Barton Ave & 2nd Street Drainage Project
Location: Third St. and 2nd St. between Barton Ave. and Helen Ave; Barton Ave between 3rd St. and 2nd St; Helen Ave. between Third St. and Winnemucca Ave; Winnemucca Ave. between Helen Ave. and Silver Tip Ave; and Silver Tip Ave. between Winnemucca Ave. and Truckee Drive Responsible Staff Members: Stan Hill, Engineering Manager/City Engineer Jason Burke, Complete Streets Manager
Background:

The Department of Public Works has received many complaints of flooding in the Barton Ave – Second Street neighborhood, because the area was developed with no drainage systems prior to City of South Lake Tahoe (City) incorporation in 1965. The flooding issue is most prevalent on 2nd Street between Barton and Helen Avenue and was noted as a priority problem area in the Drainage Master Plan Update presented to the City Council on April 20, 2021. Stormwater flooding also regularly occurs on Helen Avenue (east of 2nd Street), Winnemucca Ave (between Helen Ave and Silver Tip Ave), and on Silver Tip Ave.

The Barton Ave and 2nd Street Drainage Project will alleviate flooding seasonally experienced at Helen Ave and 3rd Street intersection, address significant flooding on 2nd Street between Helen and Barton that impacts the mobile home park, and associated flooding that impacts the Jubilee Kids Academy (2249 Helen Avenue and adjacent residences). The project will also provide stormwater treatment prior to conveyance of excess runoff to the end of Silver Tip Avenue where it has historically discharged to the Johnson Meadow property, now owned by the Tahoe Resource Conservation District.

Issue and Discussion:

On May 31, 2022, Public Works posted a Request for Proposals (RFP) on the PlanetBids website, for engineering design services for the Barton Avenue & 2nd Street Drainage Project.

Unfortunately, no proposals were delivered by the submittal due date. The Project was posted a 2nd time on PlanetBids on July 15, 2022. On July 29th, the City received three proposals from interested consultants.

Following review of the three proposals, consultant, SNG & Associates (SNG) was selected as the most qualified design/engineering team. The Professional Services Agreement (PSA) between the City and SNG for a not-to-exceed lump sum amount of $214,780 will allow SNG to immediately begin the Project engineering/design effort as described in the PSA, Scope of Work (Attachment 03).
378
Council Agenda Report- September 6, 2022 Page 2 of 2
The 100% Plans, Specifications, and Estimate (PS&E) bid documents are scheduled for completion at the end of January 2023. Following completion of the 100% PS&E documents, Public Works will bid and award the Project. Construction is scheduled for completion by the end of October 2023.

Financial Implications:

Via Resolution 2022-006 (Attachment 04), City Council accepted and appropriated a California Natural Resources Agency (CNRA) Proposition 68 grant ($1,289,822) which included $183,743 in City contribution towards $234,224 total budget for Engineering Design. The City’s engineering and design contribution to the Project will be used to compensate SNG & Associates for the completion of 100% PS&E bid documents.

Public Works Department negotiated an agreement fee with SNG & Associates for a not to exceed lump sum fee of $214,780. The Scope of Work attached to the PSA describes the work tasks and deliverables required of SNG & Associates.

Environmental Considerations:

On June 15, 2021, a CEQA Notice of Exemption was filed by the City Planning Manager with the State Clearinghouse as a Class 4, 15304 (minor alteration to land) categorical exemption, State Clearinghouse Number 2021060316. The proposed Project improvements consist of minor alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature scenic trees.

A TRPA EIP permit for the Project will be acquired by the Engineering Division before the start of Project construction. The California Tahoe Conservancy approved a License Agreement on June 15, 2017 (C-93-17) for the use of three Conservancy parcels for the construction and maintenance of the stormwater treatment basin on Second Street.

Policy Implications:

The Project will assist with the updated City Council Priorities to improve road drainage conditions, to ensure pavement resurfacing investments are long-lasting, prepare for increased flooding risks due to climate change, and build public trust by following through with previous commitments with tangible results.

The Project will address major drainage issues identified in the Updated Drainage Master Plan presented to the City Council on April 20, 20211 and as shown in the attached Project Location Map and Photos. The proposed improvements will also assist the City in meeting the sediment and nutrient reductions mandated by the Lake Tahoe TMDL. Meeting sediment and nutrient reduction mandates will assist with receiving all housing allocations under TRPA Code section

50.5.2.E.2 (Distribution and Administration of Residential Allocations – TMDL Implementation).

1 Available on the City Website: https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/888076/04- Updated_Drainage_Master_Plan_Ranking_Criteria_and_Project_List.pdf 379
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èÅ
èÅ
Proposed
Drain Inlet
èÅ Manhole
HDPE Pipe
Perforated HDPE Pipe /
Hybrid Drywell
Permeable Concrete
Shoulder
New Curb and Gutter
Basin
Existing
Existing Drain Inlets
Existing Drain Pipe
Project Area
City Boundary
Barton Ave and Second Street
Drainage Project Area
±
0 100 200 300 400
Feet
Path: J:\GIS files\Projects\PublicWorks\StormWater\SecondStreet\SecondStFloodAndErosionControlProject.aprx | Project Map | 7/7/2021 380
Attachment 7: Barton Neighborhood Urban Stormwater Treatment Project City Project No. 301-40030-01 (EIP Project 01.01.01.0012) Flooding of 3rd Street/Helen Avenue: Drain inlets have no pipes to drain water from roadway, ponding contributes to pavement degradaƟon on the way to Barton Hospital Flooding of 2nd Street at Mobile Home park: no drainage 381
Attachment 7: Barton Neighborhood Urban Stormwater Treatment Project City Project No. 301-40030-01 (EIP Project 01.01.01.0012) Flooding on Helen Avenue: no drainage
382
1 CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the _____day of September, 2022 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and SNG & Associates, 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,” attached hereto and incorporated herein by reference. Exhibit B, “Fee 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 until December 31, 2023.

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. In no event shall Consultant’s compensation exceed $214,780.00 without additional written authorization from City. Consultant payment requests shall not include sub-consultant 383
2 mark-up or travel expenses. 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. 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.
384
3 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, 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 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 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, 385
4 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,
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 386
5 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 costs and expenses in connection therein), arising out of this Agreement or 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.
387
6 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 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 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. 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. 388
7 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 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 389
8 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.

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: SNG & Associates, Inc.
5776 Stoneridge Mall Road, Suite 365
Pleasanton, CA 94588
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 subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, 390
9 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 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. 391
10 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 C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.

25. 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 392
11 disability, as well as all applicable regulations and guidelines issued pursuant to ADA.

26. 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.

27. 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.

28. 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.

29. 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.

30. Time is of the Essence. Time is of the essence for this Agreement.

31. 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.

32. Debarment and Suspension Certification
A. CONSULTANT’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that CONSULTANT has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City.
393
12 B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility.

Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE:

By___________________________
Devin Middlebrook, Mayor
CONSULTANT:

By ________________________________
Nanda Gottiparthy, President
Business License # ___________________
APPROVED AS TO FORM:

By____________________________
Heather Stroud, City Attorney
ATTEST:

By____________________________
Susan Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
394
13 EXHIBIT A

SCOPE OF SERVICES
395
Design services for Barton Avenue & 2nd Street Drainage Project City of South Lake Tahoe – Public Works Department
7 | Page
SNG has reviewed the scope of work requested for this project. Our project team will complete all the tasks listed in the RFP consistent with city standards and best engineering practices.

Task 1 – Project Management and Coordination

1.1. Project Control/Administration
Task 2 – 60% Design Level PS&E Documents

2.1. Research engineering records for existing info

2.2. Incorporate info from City of South Lake Tahoe record drawings in preparation of base plan.

2.3. Prepare 60% Civil Development Plans
Task 3 – 90% Design Level PS&E Documents

3.1. Prepare 90% Design level PS&E Documents
Task 4 – 100% Design Level PS&E Documents

4.1. Prepare 100% Design level PS&E Documents
Task 5 - Hydrologic and Hydraulic Analysis

5.1. Determine Hydrologic requirements

5.2. Design of Hydraulic Pipes and Structures
Task 6 – Bid Assistance (Optional Service)

6.1 Attend Pre-Bid Conference;

6.2 Attend Pre-Construction Conference;

6.3 Provide responses to bidder’s questions and assist the City with preparing bid addenda; and

6.4 Update Project Plans with all revisions and deliver a digital set, five half scale sets, and five full sized sets of Conformed Plans.

Task 7 – Construction Engineering (Optional Service)

7.1 Review all construction submittals to confirm compliance with Project specifications;

7.2 Review, comment, and approve the Contractor’s construction materials and shop drawing submittals;

7.3 Review contractor submitted Requests for Information (RFI) and provide written response to contractor’s questions; and

7.4 Provide plan revisions as may determine necessary during construction.

396
14 EXHIBIT B

COMPENSATION/FEE

SCHEDULE
Fee Schedule – 2022-23
397
Asst Assoc Admin/Tech Project Principal SNG Hours / SNG Cost / Task No. Task Description Engr Engr Support Manager Task Task 1 Project Management $130/Hr $150/hr $110/hr $190/hr $240/hr

1.1 Project Control / Administration 20.00 30.00 16.00 66.00 Sub-Total Hours 20.00 30.00 16.00 66.00 $ 11,740.00
2 60% PS&E Documents

2.1 Research Engineering records for existing info 12.00 8.00 20.00

2.2 Incorporate info from City of South Lake Tahoe
record drawings in preparation of base plan.

2.3 Prepare 60% Civil Development Plans
Site visits and field verificaton for design 4.00 4.00 8.00 Coordination with all Utility Stakeholders 4.00 4.00 8.00 Prepare Preliminary Plans 30.00 160.00 16.00 50.00 8.00 264.00 Prepare Fact Sheets for Design Exceptions 16.00 8.00 24.00 Prepare Cost Estimates 12.00 8.00 20.00
Prepare Specifications 16.00 16.00 8.00 40.00
Utility Relocation / ROW Data Sheet 4.00 4.00 8.00
Civil Documents Internal Reviews 8.00 8.00 16.00
Submit / Review Plans with City 8.00 8.00 4.00 20.00
Plan revisions with internal and City comments 12.00 24.00 8.00 4.00 48.00 Finalize, Sign PS&E and submit to City 8.00 4.00 12.00
Sub-Total Hours 42.00 224.00 60.00 138.00 36.00 500.00 $ 80,520.00 3 90% PS&E Documents

3.1 Prepare 90% Civil Development Plans
Site visits and field verificaton for design 16.00 16.00 Coordination with all Utility Stakeholders 8.00 4.00 12.00 Upgrade Plans to 90% Level 30.00 60.00 8.00 20.00 8.00 126.00 Prepare Fact Sheets for Design Exceptions 4.00 4.00 8.00 Prepare Cost Estimates 8.00 4.00 12.00
Prepare Specifications 8.00 8.00 4.00 20.00
Utility Relocation / ROW Data Sheet 4.00 4.00 8.00
Civil Documents Internal Reviews and Revisions 8.00 4.00 12.00 Submit / Review Plans with City 8.00 8.00 4.00 20.00
Plan revisions with internal and City comments 20.00 8.00 4.00 32.00 Finalize, Sign PS&E and submit to City 8.00 8.00 4.00 20.00 Sub-Total Hours 30.00 96.00 40.00 92.00 28.00 286.00 $ 46,900.00 4 100% PS&E Documents

4.1 Prepare 100% Civil Development Plans
Site visits and field verificaton for design 0.00
Coordination with all Utility Stakeholders 12.00 4.00 16.00 Upgrade Plans to 100% Level 16.00 50.00 8.00 8.00 4.00 86.00 Prepare Fact Sheets for Design Exceptions 4.00 4.00 8.00 Prepare Cost Estimates 4.00 4.00
Prepare Specifications 4.00 4.00 8.00 4.00 20.00
Utility Relocation / ROW Data Sheet 4.00 4.00
Civil Documents Internal Reviews and Revisions 4.00 8.00 4.00 16.00 Submit / Review Plans with City 8.00 4.00 12.00
Plan revisions with internal and City comments 16.00 8.00 4.00 28.00 Finalize, Sign PS&E and submit to City 8.00 8.00 4.00 20.00 Sub-Total Hours 16.00 70.00 32.00 72.00 28.00 210.00 $ 36,500.00 5 Hydrologic and Hydraulic Analysis

5.1 Determine Hydrologic requirements 50.00 12.00 24.00 12.00 98.00

5.2 Design of Hydraulic Pipes and Structures 80.00 12.00 30.00 16.00 138.00 Sub-Total Hours 0.00 130.00 24.00 54.00 28.00 236.00 $ 3 9,120.00 TOTAL 88.00 520.00 176.00 386.00 136.00 1,298.00 $ 214,780.00

8.00 4.00 12.00
August 16, 2022
BARTON/2ND SO LAKE TAHOE PROJECT, CA - Hours and Fee Schedule

MANHOUR ALLOCATION - CIVIL DEVELOPMENT PS&E
398
Design services for Barton Avenue & 2nd Street Drainage Project City of South Lake Tahoe – Public Works Department
18 | Page

FEE SCHEDULE
Position Hourly Rate
Principal Engineer 245.00
Senior Project Manager 205.00
Project Manager 190.00
Senior Engineer 180.00
Construction Manager 180.00
Associate Engineer II 160.00
Associate Engineer I 150.00
Assistant Engineer 140.00
Senior Engineering Inspector 150.00
Engineering Inspector 140.00
Engineering Technician/CAD Drafting 130.00
Licensed Land Surveyor 245.00
Licensed landscape Architect 185.00
Clerical/ Admin Support 95.00
Note: Rates valid through June 30, 2023. Rates will be adjusted annually every July 1st. Mileage to billed at $0.55 per mile.

399
15 EXHIBIT C

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: SNG & Associates, Inc.

Nanda Gottiparthy, PE
Title: President
By:________________________________________
400
Resolution 2022-006
Adopted by the City of South lake Tahoe
City Council
January 18, 2022
A Resolution Accepting and Appropriating $1,289,822 in Proposition 68 Multibenefit Storm Water and Urban Flood Protection Grant Funding, and Appropriating $122,222 from General Fund Grant Match Set-Aside Reserve and $61,521 from General Fund Undesignated Excess Reserve for the Barton Ave - 2nd Street Drainage Project

BACKGROUND
A. The Legislature and Governor of the State of California have provided funds for the Proposition 68 Urban Flood Protection, Green Infrastructure, and Lake Tahoe Environmental Improvement Programs.

B. The California Natural Resources Agency (CNRA) has been delegated the responsibility for the administration of these grant programs.

C. The City Manager was authorized by City Council at their October 15, 2019, City Council meeting (Resolution 2019-075) to sign a Proposition 68 Urban Flood Protection grant agreement with the State of California, CNRA.

D. The City of South Lake Tahoe desires grant funding to prepare Project Plans, Specifications, Estimates (PS&E) bid documents and permits and to construct the project improvements to reduce stormwater flooding and provide stormwater treatment in the Barton - Helen - 2nd Street residential neighborhood.

E. Resolution 2021-083, passed by City Council on October 19, 2021, set aside $122,222 of grant match funding for the CNRA grant for the Barton Avenue - 2nd Street Drainage Project (Project).

F. The CNRA grant amount was increased during the grant award and approval process from the anticipated $1,100,000 up to $1,289,822 and the City's local match requirement increased to $183,743, a $61 ,521 increase above the reserved grant match of $122,222.

G. The City of South Lake Tahoe requires City Council accept grant funding and appropriate the funding to the project represented in the Proposition 68 grant application submitted to CNRA and subsequently awarded to the City for the Barton Avenue - 2nd Street Drainage Project.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

Resolution 2022-006 January 18, 2022 Page 1 of 2
401

1. Accepts $1,289,822 in Proposition 68 grant funding from the California Natural Resources Agency (CNRA).

2. Approves and appropriates $61 ,521 of Undesignated Excess General Reserve funds to the Barton Avenue - 2nd Street Drainage Project.

3. Appropriates $122,222 in grant match funding transferred to the grant match set-aside Account No. 100-99999 25320 for the Project as a part of Resolution 2021-083.

4. Appropriates the accepted Proposition 68 grant funding for the development of PS&E bid documents and constructing the Barton Ave - 2nd Street Drainage Project improvements as follows:
100-01956 Transfer out to CIP (50014) from Grant Match Set-Aside 100-99999-25320 (+) $122,222 100-01956 Transfer out to CIP (50014) from General Fund Undesignated Excess Reserve (+) $61 ,521 301-40054 Revenue (33246) California Natural Resources Agency, Prop. 86 Grant Funds(+) $1,289,822 301-40054 Revenue (36300) Transfer in from General Fund (+) $183,743 301-40054 Expenditure (48020) Engineering Design
301-40054 Expenditure (48030) Construction
(+) $234,224
(+) $1 ,239,341
Adopted by the City of South Lake Tahoe City Council on January 18, 2022 by the following vote:

Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Devin Middlebrook, Mayor
Attest:

Susan Blankenship, City Clerk
Jan 20, 2022
Date:
----
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.

Resolution 2022-006 January 18, 2022 Page 2 of 2
402
Res 2022-006 Prop68 Grant Fund Barton-2nd
Final Audit Report 2022-01-20
Created: 2022-01-19
By: jo Mcdonough [email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA69ZTluVOV3xRXg_KOdKd1gK4MJAzliCw "Res 2022-006 Prop68 Grant Fund Barton-2nd" History
~ Document created by jo Mcdonough [email protected]) 2022-01-19 - 10:50:02 PM GMT- IP address: 128.92.136.146 q Document emailed to Sue Blankenship ([email protected]) for signature 2022-01-19 - 10:50:40 PM GMT
~ Email viewed by Sue Blankenship ([email protected]) 2022-01-19 - 11 :02:39 PM GMT- IP address: 128.92.136.146 0o Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2022-01-19 - 11 :02:57 PM GMT - Time Source: server- IP address: 128.92.136.146 q Document emailed to Devin Middlebrook ([email protected]) for signature 2022-01-19 - 11 :02:59 PM GMT
~ Email viewed by Devin Middlebrook ([email protected]) 2022-01-20 - 9:01:44 PM GMT- IP address: 66.189.255.213 0o Document e-signed by Devin Middlebrook ([email protected]) Signature Date: 2022-01-20 - 9:01 :59 PM GMT - Time Source: server- IP address: 66.189.255.213 0 Agreement completed.
2022-01-20 - 9:01 :59 PM GMT
• Adobe Sign
403
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 6, 2022
Agenda Item #: 16
Agenda Item: Acceptance and Appropriation of National Opioid Litigation Settlement Funds in the Amount of $44,480.70 for Year One
Executive Summary: City Council is requested to accept and appropriate funds from the National Opioid Settlement, to be used for authorized opioid abatement activities in support of the Police Department's South Tahoe Area Collaborative Services (STACS) program.

Requested Action / Suggested Motions: Pass a Resolution accepting and appropriating funds from the National Opioid Litigation Settlement.

Responsible Staff Member: Heather Stroud, City Attorney Responsible Staff Member: Heather Stroud, City Attorney (530) 542-6046 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Attachments:
01-Staff_Report.docx
02-Resolution.docx
03-Resolution No. 2021-105.pdf
404
Council Agenda Report- September 6, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 6, 2022
Title: Acceptance and Appropriation of National Opioid Litigation Settlement Funds in the Amount of $44,480.70 for Year One
Location: Citywide
Responsible Staff Member: Heather Stroud, City Attorney (530) 542-6046 Background:

On December 7, 2021, City Council adopted Resolution No. 2021-105 which approved the City’s participation in the National Opioid Litigation Settlement. The $26 Billion settlement consists of agreements with opioid distributors McKesson, Cardinal Health, and Amerisource Bergen and opioid manufacturer Janssen. The resolution delegated authority to the City Manager and City Attorney, on an annual basis, to select direct distribution of some or all of the City’s settlement funds. In any year that the City does not select direct distribution, the City’s share of funds will go automatically to El Dorado County.

Issue and Discussion:

The City Manager and City Attorney selected direct distribution of the funds, which are required to be used for certain opioid abatement activities. The funds will be used for allowable opioid abatement activities in support of the Police Department’s South Tahoe Area Collaborative Services (STACS) program. The City has been notified that its payment of settlement funds for the first year will be $44,480.70.

Financial Implications:

The proposed resolution would authorize the Director of Finance to accept the funds for year one (and future years where direct allocation is selected), appropriate these funds into a newly created Opioid Abatement Program Account No. 290-02110, -36294 Opioid Settlement Proceeds revenue and 42025 Contract Services expense line items, and authorize the Opioid Abatement Program account to have a corresponding automatic revenue and expenditure appropriations of an equivalent amount for opioid abatement purposes for all future years’ National Opioid litigation settlement funds. Based on the year one distribution to the City, the total distribution over the 18- year term of the settlement is estimated to be $800,652.60.

Environmental Considerations:

This action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment). 405
Council Agenda Report- September 6, 2022 Page 2 of 2
Policy Implications:

This action is consistent with City of South Lake Tahoe Strategic Plan 2021-2026 Priority 3.1 (Mental Health and Homelessness), specifically action item 2 (full implementation of STACS). 406
Resolution 2022-XXX September 6, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
September 6, 2022
Accepting and Appropriating Funds from the National Opioid Litigation Settlement

BACKGROUND
A. On December 7, 2021, City Council adopted Resolution No. 2021-105, which approved the City’s participation in the National Opioid Litigation Settlement with opioid distributors McKesson, Cardinal Health, and Amerisource Bergen and opioid manufacturer Janssen.

B. Under the terms of the settlement, $21 Billion will be paid by the opioid distributors over an 18-year period and $5 Billion will be paid by Janssen over a 9-year period.

C. The settlement allows the City to elect direct distribution of funds, or to allow the City’s share to be distributed to El Dorado County. Resolution No. 2021-105 delegated authority to the City Manager and City Attorney, on an annual basis, to elect direct distribution. The City Manager and City Attorney have elected direct distribution at this time.

D. Settlement funds must be used for authorized opioid abatement activities.

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 $44,480.70 in National Opioid Litigation settlement funds for year one and appropriates these funds into Opioid Abatement Program accounts as follows:
290-02110-36294 Opioid Settlement Proceeds $44,480.70 (revenue) 290-02110-42025 Contract Services $44,480.70 (expenditures)

2. Authorizes and directs the Finance Director to accept and appropriate future years’ National Opioid Litigation settlement funds into the aforementioned accounts.

Adopted by the City of South Lake Tahoe City Council on September 6, 2022 by the following vote:

Yes:

No:

Absent:

Abstain:
407
Resolution 2022-XXX September 6, 2022 Page 2 of 2
________________________ 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.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 6, 2022
Agenda Item #: 17
Agenda Item: Appropriation to fund two Liability Claims from MetLife Home and Auto and Robert Giacomini
Executive Summary: The Police Department is in need of funding to pay two liability claims totaling $7,674.21 that are related to their operations. Both claims have been authorized to be paid by the City Attorney and City Manager in accordance with their delegated settlement authority, but an appropriation is necessary to pay the claims.

Requested Action / Suggested Motions: Pass a Resolution appropriating $7,674.21 from General Fund Undesignated Excess Reserves to pay two liability claims.

Responsible Staff Member: Rebecca Penado, Risk Manager
Responsible Staff Member: Rebecca Penado, Risk Manager (530) 542-6064 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01-Staff_Report-Budget_for_Claims.docx
02-Resolution_Budget for Claims.docx
479
Council Agenda Report September 6, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 6, 2022
Title: Appropriation to Pay Two Liability Claims from MetLife Home and Auto and Robert Giacomini
Location: Citywide
Responsible Staff Member: Rebecca Penado, Risk Manager (530) 542-6064 Background: The Police Department is in need of funding to pay two liability claims that are related to their operations.

Issue and Discussion:

The first claim was received from MetLife Auto & Home on behalf of Eric Day on April 13, 2021 for $2,457.42. This incident involved a City patrol vehicle sliding on ice into the Mr. Day’s vehicle which was previously involved in another collision on Keller Road on February 20, 2021. After negotiations between the driver’s insurer and our claims administrator, the City accepted 50% liability and paid 50% of amount claimed. The City Attorney authorized the settlement under her delegated settlement authority. $1,391.21 was paid on December 20, 2021, in subrogation to MetLife Auto & Home. This amount was charged to a police account that was already depleted of funds, therefore creating a negative balance. Appropriation of funds is requested to balance the account.

The second claim was received from Robert Giacomini on April 4, 2022, for the amount of $6,283.00. This incident involved a wanted felon that broke into Mr. Giacomini’s home at 868 Lakeview Ave where he hid in the attic to avoid police. Mr. Giacomini cooperated with the Police Department by giving them permission to enter his home so they could arrest the suspect. The suspect caused extensive damage to the attic by dislodging electrical and HVAC components as well as falling through the ceiling, and the Police Department caused some damage as well while attempting to access the suspect in the attic. The Police Department has requested restitution for the full amount through the courts, which will be deposited in the general fund if received. The settlement amount for the claim has been approved by the City Attorney and the City Manager under their delegated joint settlement authority.

Staff recommends passing a resolution appropriating $7,674.21 to Police Administration Risk Management – City Property Damage account to be used to pay two liability claims.

Financial Implications: The amount is not to exceed $7,674.21. Staff is requesting allocation of money from the General Fund Undesignated Excess Reserve to Police Department account #100-02110-44018 to be able to pay two liability claims. 480
Council Agenda Report September 6, 2022 Page 2 of 2
Environmental Considerations: This action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).

Policy Implications: This appropriation of Budget conforms to the City’s Financial Policy. 481
Resolution 2022-XXX September 6, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
September 6, 2022
Appropriating $7,674.21 from General Fund Undesignated Excess Reserve to Pay Two Liability Claims

BACKGROUND
A. Liability Claim #1 - As a result of a City patrol vehicle sliding on ice into Claimant Eric Day’s vehicle on February 20, 2021, the City paid a claim to MetLife Auto & Home on behalf of Eric Day on December 20, 2021. This amount was charged to a police account that was already depleted of funds, creating a negative balance so funds are needed to balance the account.

B. Liability Claim #2 - On April 4, 2022, there was an incident involving damage to a residence owned by Claimant Robert Giacomini. The damage was caused by police attempting to apprehend a suspect that had broken into and was hiding in Mr. Giacomini’s home. The City has agreed to pay this claim and is seeking funds to pay it.

C. $1,391.21 is needed to budget for Liability Claim #1.

D. Another $6,283.00 is needed to budget for Liability Claim #2.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Appropriates funds in the amount of $7,674.21 from the General Fund Undesignated Excess Reserve into account number 100-02110-44018 Police Administration/Risk Management – City Property Damage to pay two liability claims.

Adopted by the City of South Lake Tahoe City Council on September 6, 2022 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
482
Resolution 2022-XXX September 6, 2022 Page 2 of 2
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.
483
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 6, 2022
Agenda Item #: 18
Agenda Item: Broadband Feasibility Study Presentation
Executive Summary: 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, a Broadband Feasibility Study and associated Infrastructure implementation. On May 3, 2022, the City Council awarded a contract to Neo Connect to prepare the Broadband Feasibility Study. Neo Connect has conducted community and speed surveys and has developed several business models based on the survey results. A Workshop is scheduled with the Community on September 8, 2022. Staff would like to receive input from the City Council and the business models and provide direction for the next steps for the study.

Requested Action / Suggested Motions: City Council is asked to provide direction to the City Manager on the Broadband Feasibility Study and options to improve service in the South Lake Tahoe.

Responsible Staff Member: Anush Nejad, Director of Public Works Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6031 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01- Staff Report - Broadband Services.docx
02 - CSLT Broadband Presentation .pptx
484
Council Agenda Report September 6, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 6, 2022
Title: Broadband Feasibility Study Presentation
Location: Citywide
Responsible Staff Member: Anush Nejad, Director of Public Works - (530) 542-6031 Background: 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). 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, a Broadband Feasibility Study and associated Infrastructure implementation. On May 3, 2022, the City Council awarded a contract to NEO Connect to prepare the Broadband Feasibility Study.

Issue and Discussion: The Feasibility study report will look at the following topics:

1. Technology and Trends Review

2. Policy Analysis

3. Service and Infrastructure Analysis

4. Needs Assessment and Outreach

5. Market Analysis

6. Site Analysis

7. Gap Analysis

8. Business Case Needs Assessment

9. Development of Business Model

10.Recommended Broadband Strategy

11.Project Identification and Master Plan

12.Draft and Final Reports
NEO Connect has distributed an English and Spanish version of a residential and business survey to citizens and businesses to provide feedback on the current levels of broadband availability; how homeowners and businesses are currently using the Internet, what currently is being paid for services, and what is most important regarding high-speed Internet service. Additionally, a link for survey participants to take an actual speed test was provided.

The goal of 370 responses for the residential survey was achieved with 503 surveys completed, resulting in a margin of error of +/- 1.951%. We are continuing to survey the businesses to achieve the 5% margin of error through the Chambers of Commerce.

NEO Connect has also completed the Technology and Trends and Service Infrastructure Analysis.
485
Council Agenda Report September 6, 2022 Page 2 of 2
The purpose of the presentation is to summarize the community surveys and provide updates and receive input on potential Business Case options.

Financial Implications: Receiving this report and providing direction to staff does not commit any additional funding to the project. The goal of the project is to identify potential projects that would be submitted to City Council for consideration and funding allocation at a future date.

Environmental Considerations: Receiving this report and providing direction to staff is not approval of a project subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines sections 15352 and 15378 because it does not commit the City to a definite course of action regarding the projects listed within the Capital Improvement Plan and does not have the potential for resulting in either a direct or reasonably foreseeable indirect physical change to the environment.

Policy Implications: This project advances the City Council Strategic Priorities and Goals, specifically:
 Action Item 1.1 (Broadband For All) to connect the community via high-speed internet to serve the needs of local businesses, and residents, and attract remote workers to the Region. Develop a broadband infrastructure deployment plan that identifies fiber hubs, lastmile transit, relay points, and redundancy. The city should explore innovative broadband models and funding opportunities to implement projects
486
City of South Lake Tahoe
Broadband Study Update
September 2022
487
Agenda, Broadband Plan Update
• Context
• Needs Assessment, Current Broadband
Services Available
• Technology Trends
• Survey Results
• Stakeholder and Community Engagement
• Next steps
S e p t e m b e r 2 0 2 2
2 488
Context
3 By 2028, the average
household will need
1046/436 Mbps or Gigabit
capacity
The goals of this project are
in line with forecasted
growth.
489
Context
4 “The number of devices
connected to the Internet,
including the machines, sensors,
and cameras that make up the
Internet of Things ( IoT ),
continues to grow at a steady
pace. A new forecast from IDC
estimates that there will be 41.6
billion connected IoT devices, or
“things,” generating 79.4
zettabytes (ZB) of data in 2025.”
Source: Tech Analysist Company, IDC
490
Needs Assessment
5 • Charter provides residential Gigabit services throughout the community for $89/month
• AT&T provides up to 300 Mbps for residential service for $55/month • Other providers include satellite providers HughesNet and Viasat, and TMobile has a home-based internet offering as well as SkyFiber. Starlink is also available in the area. Other providers include Cogent and Windstream (commercial users). • Speed test data from NTIA’s Indication of Need maps show the City is 100% “served” with availability of 25/3 Mbps but is “underserved” with average speed tests less than 100/20 Mbps, as upload speeds do not hit the mark. • Speed test data gathered from the study is consistent with the NTIA findings. 491
Speed Test Results
6 AT&T: red
Charter: Blue
Less than 25/3
Mbps
Between 25/3 and
100/20 Mbps Over 100/20 Mbps
Average Download Upload
# of Speed
Tests
Charter 124.65 Mbps 11.3 Mbps 91
AT&T 6.5 Mbps .61 Mbps 8
492
Technology Trends
7 LEO
• Low Earth Orbit Satellite
• Starlink, with 12,000 satellites, supports 1% coverage 5G
• Primarily for the Internet of Things
• Higher frequency support data capacity, but only for
shorter distances (requires fiber)
FTTP
• Fiber to the Premise
• Best option for coverage, upgrade path, security
• Best future-proof technology
493
Models to Consider
8 Infrastructure Provider, Dark Fiber Lease, Open Access Middle Mile Fiber Network • Connect key government, anchor and stakeholder locations, smart-city, parking, transit, energy and utility SCADA systems, cell towers
• Lease excess capacity to internet service providers to incent further competition, increase existing network capacity and improve reliability of existing service providers’ networks

1.Open Access Provider
• City builds the network, available on a undiscriminated basis to any providers • RCRC has formed a Joint Powers Authority to do this for 38 counties

1.Municipal-owned and operated utility – Businesses and Residences • City builds, owns, operates and provides services

1.Public-Private Partnerships
• Share in capital costs, operational and implementation risk, target grant funding 494
Stakeholder Engagement, Potential Partners
8/
1 9/2022
9 Tahoe Transportation District
Heavenly
South Tahoe PUD
Liberty Electric
495
Survey Responses
10 Below are sampling statistics for a random survey based on population or number of housing units Entity Population +- 5% +- 10% +- 5% +- 10%
City of South Lake Tahoe
Residential 21,414 378 96 9552 370 96 503* -1.951%
Businesses 854 102 29 88 -6.18%
Total 378 96 Total 472 125 591
Number of surveys needed to obtain a 95% Confidence Level Margin of Error Margin of Error
Actual # of Responses
# of Responses
through August
15 Current Margin
of Error based
upon actual
responses
Number of
housing units
496
Survey Results
11 43.49%

82.62%

56.51%

17.38%
Are you aware of this effort? Do you support this effort?

0.00%

20.00%

40.00%

60.00%

80.00%
100.00%
Relying solely on the private sector to build an
advanced internet system often leaves rural
communities behind or without adequate
internet service. Sometimes the local
communities or local governments need to
provide capital or funding to help pay for
Yes No
497
Residential Survey Results
12 Use Charter, 8% use AT&T
Internet is too slow some of the time
Internet is too slow either all or most of the time.

Internet interrupts some of the time; 14% stated all of the time The Best, 1000 Mbps (1 Gig) for $100-150/month
What would you choose?
250 Mbps service for $80-100/month
100 Mbps service for $55-60/month
498
Residential Survey Results
13 At least one person working from home
Would continue, but internet not fast enough to support all needs Continue to work from home

0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% Spread the payment over 24-48 months on my internet bill.

An annual property tax assessment, of approximately $200 - 300 per year for 10 - 15 years
An up-front payment by homeowners; similar to a water or sewer tap fee.

A monthly fee of $10 - $20 per month by homeowners, in
addition to the monthly service fee for internet service The City should issue a municipal bond
What would be an acceptable way
to pay for this?
499
14 22.81%

20.83% 29.17%

27.19%
Which model do you prefer the City take?
The City should use COVID-relief funding or grants to build a network connecting key community facilities such as government offices, schools, libraries, co-working places and medical facilities. The City could then lease the network to service providers
The City should enter into a public-private partnership with one or more providers. This may require the City to issue municipal bonds or to seek COVID-relief funding or grants to pay for their capital contribution, sharing the risks with the private serv
The City should become the service provider. This may require the City to issue municipal bonds or to seek COVIDrelief funding or grants to pay for the capital costs of the network, but the City would offer services directly to homes, businesses and commu
The City should leave it up to companies such as AT& T and Charter's Spectrum to build out the infrastructure and offer services.
500
Next Steps, Planning Process
• Community Engagement Meetings and Webinars
• Reach out to ISPs, Plans, Potential Partnerships
• Capital Cost Estimates, Financial Models and Impact
• Review Findings with City Council
• Recommendations and Report
15 501
Questions, Ideas, Comments 16
502
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 6, 2022
Agenda Item #: 19
Agenda Item: Pilot Traffic Calming Projects for Lakeview (Al Tahoe) and Highland Woods Neighborhoods
Executive Summary: During the course of the last few months, staff has met with the neighborhoods in Highland Woods and Lakeview (Al Tahoe) residents to discuss potential traffic calming upgrades to address traffic safety, speeding, and other related issues. Two Community Meetings were held to discuss options with the neighborhoods and to receive input. There is a general agreement with the neighborhood to implement a number of traffic calming solutions to address these issues. These solutions will be implemented as a pilot project and additional analysis, including traffic counts and speed surveys, will be conducted to measure the effectiveness of the program. Further adjustments will be made based on traffic surveys after project implementation.

Requested Action / Suggested Motions: Pass a Resolution appropriating $150,000 from the General Fund Undesignated Excess Reserves and authorizing and directing the City Manager to execute the necessary Purchase Orders for procurement of supplies and materials related to the traffic calming projects in the Lakeview and Highland Woods Neighborhoods.

Responsible Staff Members: Anush Nejad, Director of Public Works and Jerry Heath, Maintenance Manager
Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6031 Jerry Heath, Maintenance Manager (530) 542-6300
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff_Report_Pilot_Traffic_Calming_Projects.docx
02 - Traffic Calming Presentation.pptx
03-Resolution for Traffic Calming Project.docx
503
Council Agenda Report September 6, 2022 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: September 6, 2022
Title: Pilot Traffic Calming Projects for Lakeview Ave and Highland Woods Neighborhoods Location: Lakeview Avenue and Highland Woods Neighborhoods Responsible Staff Member: Anush Nejad, Director of Public Works - (530) 542-6031 Background: City staff has received several requests to evaluate traffic calming projects in the Highland Woods and Lakeview Avenue neighborhoods during the last 2-years. City staff has continued implementing various traffic calming strategies, such as installing Planter Boxes on Lakeview, monitoring traffic speeds, and enforcing current speed limits in these neighborhoods and other locations citywide.

During the last two-month, City staff has met and discussed several Traffic Calming ideas with the neighborhoods. The residents' predominant issues are speeding, cut-through traffic, nuisance, and other visitor impacts along the Regan Beach area and Lakeview, especially during the summer months.

In cooperation with the residents, staff developed several solutions, which were presented to the community members on July 12 for the Woodland Woods neighborhood and July 13 for the Lakeview neighborhood. Public notices were issued before the meeting, and many residents attended both events.

Issue and Discussion: Traffic calming involves strategies and solutions that may reduce vehicular speeds, cut-through traffic, and improve safety for all users. It enhances the quality of life for residents in the neighborhoods and will benefit the City from various perspectives, including:
 Encourage resident involvement with neighborhood traffic management in the City  Improve driver attention and awareness, and change driving behavior that brings long-term benefits
 Enhance safety for all users – auto, transit, bicyclists, non-motorized vehicles, and pedestrians
 Encourage non-auto modes of transportation such as walking and bicycling  Provide a fair and consistent process to address public concerns about traffic  Enhance the livability of residential neighborhoods
Traffic calming strategies and solutions follow the four strategies in developing appropriate solutions:
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Council Agenda Report September 6, 2022 Page 2 of 3

1. Empowerment – Strategies involve community members taking the initiative in solving traffic-related problems.

2. Engineering – Physical improvements on street configurations, signage improvements, and other unique treatments.

3. Education – Strategies and solutions through various educational events and materials convey the importance of neighborhood traffic safety.

4. Enforcement – Solutions involve compliance with traffic regulations and enforcing violated traffic activities.

Several options were presented to the communities. Each community has generally accepted the proposed solutions. These include as follows for each neighborhood:

Woodland High Neighborhood

1. Installation of a Gateway Traffic Control at Springwood Dr. and Silver Dollar Ave.

2. Installation of a min-Traffic Circle/Gateway at Springwood Dr. and Rubicon Trail

3. Installation of a mini-Traffic Circle at Springwood Dr. and Creekwood Dr.

The upgrades can be implemented by painting roadways and installing signs by City forces. The estimated cost for material is $12,000 and can be implemented by November 2022 or early Spring 2023.

Lakeview Avenue

1. Installation of a Gateway and ADA Ramps/Crosswalk at Lakeview and Harrison

2. Installation of two Permanent Speed Feedback Electronic Signs

3. Installation of Removal Rubberized Speed Humps between April and October

4. Installation of Spikes for Regan Beach Exit to control un-authorized access after hours

5. Installation After-Hour Parking Prohibition and Noise Ordinance Notification Sign in Regan Beach Parking area

6. Changing Regan Beach Park Sign to 6:30 AM to Closing (Subject to change due to weather).

City forces can implement the upgrades by installing signs and other traffic control devices. The estimated cost for materials is $116,000. Some of the changes can be implemented before November 2022, but the speed humps require a longer delivery time and can be installed by early Spring 2023.

The proposed traffic calming solution will include public notification, education, and enforcement.

Subsequent before and after traffic and speed surveys will be collected to measure the impacts of these changes. The estimated budget for the traffic counters is $22,400.

Financial Implications: Staff is requested via the attached Resolution General Fund Undesignated Excess Reserves appropriations of $150,000 into Misc. Traffic Safety account 301- 50043-36300 and authorizing the City Manager to execute the necessary purchase orders for equipment procurement related to this project.
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Council Agenda Report September 6, 2022 Page 3 of 3
Environmental Considerations: Traffic safety projects, including traffic calming, is considered safety project and is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies) if the type of installation complies with the CA-MUTCD guidance.

Policy Implications: This project advances the City Council Strategic Priorities and Goals, specifically related to traffic safety and neighborhood preservation. 506
Pilot Traffic
Calming Projects
September 6, 2022
507
Background
Highland Woods and Lakeview (Al Tahoe) Neighborhoods
requested an evaluation of traffic calming concepts for the two neighborhoods
Predominate issue is speeding in the Highland Woods
neighborhood
Lakeview residents are also concerned about nuisance,
parking at the Regan Beach area, and other speed-related issues related to the high number of visitors
The area residents have also been concerned about local roads in the Al Tahoe neighborhood between US 50 and
Lakeview
508
Community
Engagement
 City Staff met with several residents to
discuss feasible options.
 Two community meetings were
organized to exchange ideas between
residents and city staff on July 12 and
13, 2022.
 Staff included the Police Chief, Acting City
Manager, Parks and Recreation Director,
City Manager’s Communications Specialist,
and the Director of Public Works.
 There was a general consensus on the
options and recommended solutions to
the traffic calming program.
509
Traffic
Calming
Concepts
Traffic calming involves strategies and solutions that may reduce vehicular speeds and cut-through traffic; and
improve safety for all users. It enhances the quality of life for residents in the neighborhoods and will benefit the City from various perspectives, including:
 Encourage resident involvement with neighborhood
traffic management in the City
 Improve driver attention and awareness, and change
driving behavior that brings long-term benefits
 Enhance safety for all users – auto, transit,
bicyclists, non-motorized vehicles, and pedestrians
 Encourage non-auto modes of transportation such
as walking and bicycling
 Provide a fair and consistent process to address
public concerns about traffic
 Enhance the livability of residential neighborhoods
510
The Four E’s
Traffic calming strategies and solutions follow the four strategies in developing appropriate solutions:
 Empowerment – Strategies involve community
members taking initiative in solving traffic-related
problems.
 Engineering – Physical improvements on street
configurations, signage improvements, and other
special treatments.
 Education – Strategies and solutions through a
variety of educational events and materials to
convey the importance of neighborhood traffic
safety.
 Enforcement – Solutions involve compliance with
traffic regulations and enforcing violated traffic
activities.
511
Traffic Calming
Concepts
Road Diet
• One of the most effective
means of traffic speed is
road diet – To reduce the
effective width of driving
lanes and reduce speeds
• Challenge is the snow
operations during winter
512
Traffic Circles
• Roundabouts are another
effective means
• Again, physical islands are
a challenge for snow
operations during winter
513
Speed Hump or
Speed Tables
• Speed Humps are also
a good deterrence to
speeders
514
Speed Feedback
Signs • Permanent Speed
feedbacks are
installed to alert
drivers of the posted
speed limit with
warning messages
515
Proposed Concepts for the
Neighborhoods
516
Highland Woods Project Area
Springwood
517

GATEWAY
Springwood at Rubicon
Mini-Traffic Circle

GATEWAY
Springwood at Silver Dollar
Stop Control

MINI TRAFFIC CIRCLE
Springwood at Creekwood
518
Traffic Circle (Painted) at Springwood and
Creekwood and Springwood at Rubicon
519
Gateway Entry Point at Silver Dollar and Springwood
520
Lakeview Avenue Project Area
521
522
Lakeview and
Harrison
Crosswalk and
Entry Gateway
523
Funding and
Fiscal
Impacts
Estimate of Probable Costs
Highland Woods Neighborhood
Item Unit Price Number Total
Traffic Signs $500 12 $6,000
Entry Sign $800 2 $1,600
Paint $4,000 1 $4,000
Sub-Total $11,600
Lakeview Neighborhood
ADA Crosswalk at Harrison $20,000 1 $20,000
Speed Humps $9,000 7 $63,000
Speed Feedback Signs $6,000 2 $12,000
Traffic Signs $500 16 $8,000
Entry Sign $800 1 $800
Spikes at Beach Exit $8,000 1 $8,000
Parking and Noise Ordinance Signs $500 8 $4,000
Sub-Total $115,800
Traffic and Speed Counters $5,000 4 $20,000
Pedestrian and Bicycle Counters $800 3 $2,400
Sub-Total $22,400
Grant Total $149,800
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Questions
525
Resolution 2022-XXX September 6, 2022 Page 1 of 1
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
September 6, 2022
Appropriating $150,000 from General Fund Undesignated Excess Reserves and Authorizing the City Manager to execute the necessary purchase orders for implementation of the Traffic Calming Projects in Highland Woods and Lakeview Neighborhoods

BACKGROUND
A. City staff has received several requests to evaluate traffic calming projects in the Highland Woods and Lakeview Avenue neighborhoods during the last 2-years.

B. City staff has met and discussed several Traffic Calming ideas with the neighborhoods to address neighborhood concerns.

C. In cooperation with the residents, staff has developed several solutions, which can address neighborhood concerns and mitigate the speeding and nuisance issues.

D. City staff can implement the proposed solutions, in-house, through procurement of the equipment and materials necessary for the project.

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 and directs the City Manager to sign the necessary Purchase Orders in accordance with the City’s Procurement policy for the equipment and materials necessary for the proposed traffic calming solutions for the Highland Woods and Lakeview Avenue neighborhoods.

2. Appropriates $150,000 from General Fund Undesignated Excess into Misc. Traffic Safety Account 301-50043-36300 for the purchase of equipment and materials for the Project.

Adopted by the City of South Lake Tahoe City Council on September 6, 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.
526
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 6, 2022
Agenda Item #: 20
Agenda Item: Vision Zero Goal and Grant Application of Safe Streets and Roads for All Executive Summary: Across the country, U.S. towns and cities are committing to Vision Zero, which, in addition to setting the goal of zero traffic deaths or severe injuries, also commits communities to a fundamental shift in how they approach traffic safety. Once a community has committed to Vision Zero, it should create an Action Plan to clearly lay out action steps, timelines, and priorities and include broader community and stakeholder input. Vision Zero has the potential to galvanize a thorough and lasting shift in how we design and use our transportation systems to prioritize the preservation and quality of human life. The Safe Streets for All (SS4A) will fund Vision Zero program Action Plans through competitive grant applications.

Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Director of Public Works to file a grant application with U.S. Department of Transportation for a grant in the amount of $250,000 to prepare a Vision Zero Action Plan.

Responsible Staff Member: Anush Nejad, Director of Public Works Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6031 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Grant Application - Safe Streets and Roads for All.docx 02 - Vision Zero Project Area
03 - Draft Resolution for Vision Zero Policy
04 - TRPA Support Letter
05 - CAL Trans Draft Support Letter
06 - Presentation
07 - Resolution - Vision Zero Grant Application
527
Council Agenda Report September 6, 2022 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: September 6, 2022
Title: Vision Zero Goal and Grant Application of Safe Streets and Roads for All Location: Citywide
Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6031 Background: The U.S. Department of Transportation (USDOT) has issued a Notice of Funding Opportunity (NFO) for the Safe Streets and Roads for ALL (SSA) grant. Section 24112 of the Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred to as the “Bipartisan Infrastructure Law” or “BIL”) authorized and appropriated $1 billion to be awarded by the Department of Transportation for FY 2022 for the SS4A grant program.

The purpose of SS4A grants is to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety action plan development and implementation focused on all users, including pedestrians, bicyclists, and public transportation users, motorists, personal conveyance and micro-mobility users, and commercial vehicle operators. The program provides funding to develop the tools to help strengthen a community’s approach to roadway safety and save lives and is designed to meet the needs of diverse local, Tribal, and regional communities that differ dramatically in size, location, and experience administering Federal funding.

In accordance with City policies, the Public Works staff requests authorization to pursue the above grant for the following projects, including the anticipated match that these grants would require.

Issue and Discussion: The SS4A program provides funding for two types of grants:

Action Plan Grants (for comprehensive safety action plans) and Implementation Grants.

Action Plan Grants are used to develop, complete, or supplement a comprehensive safety action plan. An Action Plan is the foundation of the SS4A grant program. Action Plan Grants provide Federal funds to eligible applicants to develop or complete an Action Plan. Action Plan Grants may also fund supplemental Action Plan activities. The goal of an Action Plan is to develop a holistic, well-defined strategy to prevent roadway fatalities and serious injuries in a locality, Tribe, or region.

Staff is proposing a grant application to prepare a Vision-Zero Action Plan. The primary deliverable for an Action Plan is a publicly available Action Plan. The Action Plan included the following components:
528
Council Agenda Report September 6, 2022 Page 2 of 3

1. Leadership Commitment and Goal Setting: An official public commitment (e.g., resolution, policy, ordinance, etc.) by the City Council to an eventual goal of zero roadway fatalities and serious injuries. The commitment must include a goal and timeline for eliminating roadway fatalities and serious injuries achieved through one, or both, of the following:
a. the target date for achieving zero roadway fatalities and serious injuries, OR
b. an ambitious percentage reduction of roadway fatalities and serious injuries by a specific date with an eventual goal of eliminating roadway fatalities and serious injuries.

2. Planning Structure: A committee, task force, implementation group, or similar body charged with oversight of the Action Plan development, implementation, and monitoring.

3. Safety Analysis: Analysis of existing conditions and historical trends provides a baseline level of crashes involving fatalities and serious injuries across a jurisdiction. To the extent practical, the analysis should include all roadways within the jurisdiction without regard for ownership.

4. Engagement and Collaboration: Robust engagement with the public and relevant stakeholders, including the private sector and community groups, allows for community representation and feedback.

5. Equity Considerations: Plan development using inclusive and representative processes. Underserved communities are identified through data and other analyses in collaboration with appropriate partners.

6. Policy and Process Changes: Assessment of current policies, plans, guidelines, and/or standards (e.g., manuals) to identify opportunities to improve how processes prioritize transportation safety.

7. Strategy and Project Selections: Identification of a comprehensive set of projects and strategies shaped by data, the best available evidence, and noteworthy practices, as well as stakeholder input and equity considerations that will address the safety problems described in the Action Plan.

8. Progress and Transparency: Method to measure progress over time after an Action Plan is developed or updated, including outcome data.

Staff has reached out to Tahoe Regional Planning Agency (TRPA) and the California Department of Transportation (Caltrans) and they are both supportive of this grant application. Letter of Support from TRPA is included as Attachment 4. Draft Letter of Support from Caltrans is included as Attachment 5. The final letter is expected before the application due date.
529
Council Agenda Report September 6, 2022 Page 3 of 3
Staff will work with various departments to set up the Task Force. Staff also plans to develop a draft Resolution supporting the Vision Zero Plan (Attachment 2). The Resolution will be initially submitted to the Planning Commission for review and recommendation. The final Vision Zero will be brought back to the Council for approval once the Grant Application is awarded.

Financial Implications: Staff is proposing a $250,000 grant application, including 20% matching funds for $50,000. Matching funding will come from the $150,000 proposed CIP Mid-year Budget in Account 301-50043 (Citywide Traffic Safety, Traffic Calming, ADA, and Flooding Mitigation) Project.

Environmental Considerations: The appropriation of funds for the projects mentioned above is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines (existing facilities).

Policy Implications: This project advances the City’s objective to improve safety and reduce crashes in the City.
530
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Resolution XXXX-XXX TBD Page 1 of 1
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
TBD
Establishing a Vision Zero Policy to Work Toward Zero Traffic Deaths and Severe Injuries

BACKGROUND
A. According to data from the National Highway Traffic Safety Administration each year approximately 40,000 people are killed in traffic collisions in the United States.

B. In a study comparing 19 peer nations the Center for Disease Control and Prevention found that the United States has the highest traffic death rate per person.

C. From 2017 to 2021, 24 people died and 526 suffered injuries in the City of South Lake Tahoe an average of 4.8 deaths and 105 injuries per year, including US 50 and 89 corridors operated and maintained by Caltrans.

D. There were five fatalities and 49 injuries involving pedestrian and bicycle crashes in the City during this time period, including the US 50 and 89 corridors operated and maintained by Caltrans.

E. One death on streets in the city is one too many and the City is dedicated to strategies that aim to reduce and eliminate deaths and serious injuries on streets in the city.

F. Senior citizens and people with disabilities, low-income income communities, and people bicycling face a disproportionate risk of traffic injuries and fatalities.

G. Vision Zero is a health-based traffic safety strategy to reduce and eventually eliminate traffic deaths and serious injuries through a data-driven multi-disciplinary and safe systems approach that also increases safe healthy equitable mobility for all.

H. Vision Zero recognizes that while human error will always occur a combination of engineering education and enforcement measures can reduce collisions and can prevent collisions from causing death or severe injuries.

I. The City s General Plan identifies safety as one of the goals of the transportation system, including pedestrian and bicycle safety.

J. The Federal Highway Administration has made a commitment to eliminating fatalities and serious injuries on the nation's roadways using a data-driven interdisciplinary approach modeled after Vision Zero.

K. Caltrans has adopted the goal of moving toward zero deaths with a focus on using proven effective strategies and countermeasures.

L. The City declares that Vision Zero is the citywide guiding principle for transportation planning the design of streets and sidewalks and the maintenance of the public rights of way.

M. The City will plan and design its transportation system with the overriding goal of eliminating fatalities and serious injuries among all system users and will work with Caltrans to improve safety in the US 50 and US 89 corridors. 532
Resolution XXXX-XXX TBD Page 1 of 1
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Directs staff to consider safety as the highest priority when balancing competing needs and demands for space within the public right of way.

2. Directs the Public Works Department to prepare an Action Plan and Countermeasures to achieve the Vision-Zero goals.

3. Directs the Development Services and Public Works Departments to evaluate and recommend modifications to policies for all modes of transportation, including pedestrian facilities with the goal of improving roadway safety for all users.

4. Directs the City Manager to convene an inter-departmental Vision Zero Task Force to include staff from Development Services, Public Works, and Police Departments which will be used to establish a shared understanding of the Vision Zero approach and integrate Vision Zero into all aspects of transportation planning, engineering, enforcement, and education.

5. Directs staff to develop a Vision Zero Action Plan that summarizes specific changes to policies standards enforcement procedures education efforts infrastructure improvements and other action items to be taken by City departments that will reduce speeding reduce collisions and move the City towards zero fatalities and serious injuries.

6. Directs staff to implement the Vision Zero Action Plan in an equitable manner accounting for historic inequities in transportation and safety investments across the community.

7. Accepts the National Association of City Transportation Officials (NACTO) guidelines as nationally accepted best design practices and directs staff to reference and use these guides as applicable in the design of all transportation projects.

8. Directs staff to develop an annual report on progress toward the Vision Zero goals tracking process and outcome metrics to be defined in the Vision Zero Action Plan and to present this report each year to the City Council.

Adopted by the City Council of the City of South Lake Tahoe on xxxx, 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
533
August 19, 2022

The Honorable Pete Buttigieg
Secretary of the United States Department of Transportation 1200 New Jersey Avenue, SE
Washington, DC 20590
Dear Secretary Buttigieg:

The Tahoe Regional Planning Agency (TRPA) supports the application from the City of South Lake Tahoe to the United States Department of Transportation’s (USDOT) Safe Streets and Roads for All (SS4A) competitive grant program for the Vision Zero Action Plan Project (Project).

TRPA is excited to partner with the City to develop a Vision Zero Action Plan. The Project will conveniently coincide with a needed update to the existing TRPA Lake Tahoe Region Safety Strategy. The Vision Zero planning effort can benefit historically disadvantaged communities in South Lake Tahoe, support implementation of the Regional Transportation Plan projects and programs, and help the region reach environmental and sustainability goals.

The City is an important partner in the region with the largest population and most dense network of streets. Developing a Vision Zero Action Plan will benefit the largest population center and area of visitation in the Lake Tahoe Region. This plan is critical to ensure residents and the multitude of visitors to Tahoe feel safe getting around without a car. Folding this work into the updated Safety Strategy will ensure that the most vulnerable communities are protected, and that TRPA can track and prioritize those projects that achieve the Regions safety goals.

TRPA would like to thank the USDOT for its consideration of this Project.

Sincerely,
Nick Haven
Transportation Department Manager
534
“Provide a safe and reliable transportation network that serves all people and respects the environment”

OFFICE OF THE DIRECTOR
P.O. BOX 942873, MS–49 | SACRAMENTO, CA 94273–0001
(916) 654-6130 | FAX (916) 653-5776 TTY 711
www.dot.ca.gov
July 11, 2022
The Honorable Pete Buttigieg
Secretary of the United States Department of Transportation 1200 New Jersey Avenue, SE
Washington, DC 20590
Dear Secretary Buttigieg:

The California Department of Transportation (Caltrans) supports the application of the City of South Lake Tahoe to the United States Department of Transportation’s (USDOT) Safe Streets for All (SS4A) grant program for the Zero Vision Action Plan Project (Project).

The City of South Lake Tahoe requests $200,000 through the FY 2022 SS4A grant with 20% ($50,000) of local match funds. The proposed Project is a planning effort that would benefit five (5) Historically Disadvantaged Community census tracks in the City. The Zero Vision Project will develop a citywide Traffic Safety Plan. The project will collect traffic and crash data, including bicycles and pedestrians. The project will use crash data to pinpoint the factors contributing to traffic fatalities and injuries and identify proven safety countermeasures to address these factors through education, engineering, enforcement, and evaluation to achieve the Zero-Vision goals. The Project addresses safety, environmental sustainability, quality of life, mobility and community connectivity, equity, micro-mobility, and personal conveyance (scooters). This plan will complement the Complete Street Planning effort envisioned by the city. The city is partnering with Tahoe Regional Planning Agency (TRPA), the MPO for the region, with this effort.

Caltrans is a significant partner with the City of South Lake Tahoe through the US 50 corridor, with access through the entire City.

Caltrans would like to thank USDOT for its consideration of this Project.

Sincerely,
Director
535
Vision Zero
Action Plan
September 6, 2022
536
Why Vision
Zero?
Across the country, U.S. towns and
cities are committing to Vision
Zero, which, in addition to setting
the goal of zero traffic deaths or
severe injuries, also commits
communities to a fundamental
shift in how they approach traffic
safety.
537
What
Distinguishes
Vision Zero
Vision Zero is a strategy to eliminate all
traffic fatalities and severe injuries,
while increasing safe, healthy, equitable
mobility for all. In creating a Vision Zero
Action Plan, stakeholders should
understand, acknowledge, and discuss
how Vision Zero differs from the
traditional approach to traffic safety.
538
Vision Zero is not just “business as usual”
539
Vision Zero Action Plan

THE PRIORITIZATION OF

PROVEN SAFETY STRATEGIES

MULTI-DEPARTMENTAL

COLLABORATION TOWARD

THE SHARED GOAL OF ZERO

A FOCUS ON DATA-DRIVEN

DECISION-MAKING

A SYSTEMS-BASED

APPROACH
540
Proposed Grant
Application
• The proposed Grant Application, if awarded, will allow the City to develop an Action Plan and Countermeasure to improve traffic safety for all users, including vehicles, pedestrians, bicyclists, and non-motorized vehicles
• The City will collaborate with Caltrans to consider all roadways in the City in coordination with TRPA for regional issues • A Task Force Committee will be formed to include partner agencies, city departments, and public-at-large to provide input and direction
• The Action Plan will focus on data-driven decision-making to develop countermeasures to achieve the Vision Zero goals 541
Questions
542
Resolution 2022-XXX September 6, 2022 Page 1 of 1
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe City Council
September 6, 2022
Approval of Grant Application to U.S. Department of Transportation for development of a Vision Zero Action Plan

BACKGROUND
A. The U.S. Department of Transportation (USDOT) has issued a Notice of Funding Opportunity (NFO) for the Safe Streets and Roads for ALL (SSA) grant The purpose of the LATA is to provide technical assistance grants to agencies for pre-construction expenses related to Broadband deployment.

B. Section 24112 of the Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred to as the “Bipartisan Infrastructure Law” or “BIL”) authorized and appropriated $1 billion to be awarded by the Department of Transportation for FY 2022 for the SS4A grant program.

C. The City of South Lake Tahoe is committed to the Vision Zero Program and the preparation of an Action Plan with an eventual goal of zero roadway fatalities and serious injuries.

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 and Directs the Director of Public Works to file a grant application with U.S.

Department of Transportation for a grant in the amount of $250,000 to prepare a Vision Zero Action Plan.

2. If awarded authorizes acceptance of grant funds up to $200,000 into Capital Improvement Project Account, Citywide Traffic Safety, Traffic Calming, ADA, and Flooding Mitigation project revenue and expense accounts 301-50043.

3. Authorizes the allocation of $50,000 from the Capital Improvement Project Account, Citywide Traffic Safety, Traffic Calming, ADA, and Flooding Mitigation Project revenue and expense accounts 301-50043 toward matching funds.

4. Appoints the Director of Public Works as an agent to submit all documents, including but not limited to Applications, agreements, amendments, payment requests, and so on, which may be necessary to complete the Project.

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

Adopted by the City Council of the City of South Lake Tahoe on September 6, 2022, by the following vote:

Yes:

No:

Absent:

Abstain:
_______________________________ Date: _______________
Devin Middlebrook, Mayor
543
Resolution 2022-XXX September 6, 2022 Page 1 of 1
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
544
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 6, 2022
Agenda Item #: 21
Agenda Item: Establishment of Johnson Blvd Utility Underground District Boundary Executive Summary: Relocating overhead utilities underground will provide needed room to construct the future Johnson Blvd Complete Streets Project. Furthermore, removing the crowded overhead utility lines will clean up the skyline to create a scenic corridor between Al Tahoe Blvd and Lake Tahoe Blvd.

Cost associated with removing the overhead utilities is paid from the California Public Utilities Commission-established Rule 20A funds collected as a part of utility users monthly payments to electrical power and communication companies.

Requested Action / Suggested Motions: Pass Resolution identifying the proposed Johnson Blvd Underground Utility District boundary and setting a date for a Public Hearing on November 1, 2022 at 9:00 a.m. (or as soon thereafter) to determine if the public necessity, health or safety requires the removal of overhead electric or communication facilities within all or part the proposed district boundary.

Responsible staff Members: Stan Hill, Engineering Manager and Anush Nejad, Director of Public Works Responsible Staff Member: Stan Hill, Engineering Manager (530) 542-6039 Anush Nejad, Director of Public Works (530) 542-6031
Reviewed and Approved By:

Olga, Tikhomirova, Finance Director
Susan Blankenship, City Clerk
Heather Stroud, City Attorney
Attachments:
01-Staff Report.docx
02-Resolution UUD District Boundary.docx
03-Johnson Blvd. UUD Boundary Map (Exh. A to Reso).pdf
545
Council Agenda Report- September 6, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 6, 2022
Title: Notice of Hearing to Establish Johnson Blvd Utility Underground District Boundary Location: Johnson Blvd between Lake Tahoe Blvd and Happy Homestead Lane (County Courthouse and South Lake Tahoe Police Department main driveway entrance).

Responsible Staff Member: Stan Hill, Email: [email protected] Phone: (530) 542-6039 Background: Undergrounding of overhead utilities along Johnson Blvd is the first step in development of the proposed Johnson Blvd Complete Streets Project. The proposed Johnson Blvd Complete Streets Project is included within the Fiscal Year 2022-2027 Capital Improvement Project (CIP) Five-Year Plan and is cited as a high priority project within the South Tahoe Middle School Connectivity Study. The future complete streets project will include a Class 1 mixed use bike and pedestrian trail between the existing Al Tahoe Blvd Class 1 bicycle trail and the South Tahoe Bikeway located adjacent to Lake Tahoe Blvd. Removal of overhead utilities and utility poles frees up needed public right-of-way space for the proposed Johnson Blvd Complete Streets Project.

Issue and Discussion: Undergrounding of overhead utilities requires the formation of an Underground Utility District (UUD) and approval of the California Public Utilities Commission to apply Rule 20A funding to the cost of engineering, designing, and construction of undergrounding utility infrastructure.

The City’s financial contribution to undergrounding overhead utilities is limited to the staff time and City Council time to create the UUD. During construction, the City’s Resident Engineer/Inspector will monitor work within the public right-of-way in the interest of public safety awareness and conformance to specifications affecting City interests.

Through Rule 20A utility undergrounding procedures, Liberty Utilities is tasked to coordinate with all affected utility companies and South Tahoe Public Utility Company (STPUD) for the preparation of plans, specifications, and estimate (PS&E) bid documents. Liberty Utilities will also bid, award, and administrate the construction contract to install underground conduit and utility vaults necessary for relocating overhead electrical and communication facilities. Each of the affected Utility’s will be responsible relocating their overhead wires within the underground conduits and removing their overhead wires from the utility poles.

The existing utility poles will be removed after overhead utilities are undergrounded.

City Code, Chapter 7.10, Underground Utility Districts defines the City’s required procedures for the formation of a UUD. In accordance with City Code, City Council by resolution, determines the area to be included in a proposed UUD. The resolution sets a location and date for a public hearing. City Council will determine if the public necessity, health or safety requires the removal of overhead electric or communication facilities within all or any part of the proposed UUD. Specific noticing requirements for the public hearing are detailed within section 7.10.030 of City Code.

If City Council makes the findings supporting the formation of the UUD, a resolution will be passed and adopted establishing the formation of the UUD. The resolution will define the UUD area and fix the time frame for completing the removal of overhead utilities. Affected property owners are thereby advised of when they need to be ready to receive underground utility service. 546
Council Agenda Report- September 6, 2022 Page 2 of 2
Financial Implications: Funding needed to perform the undergrounding of overhead utilities will be provided through California Public Utilities Commission approved use of Rule 20A; a utility surcharge collected as a part of rate-payer’s monthly utility bills for funding the undergrounding of overhead utilities.

Liberty Utilities is in support of the Johnson Blvd overhead utility undergrounding project. Liberty Utilities will coordinate with all other affected overhead utility companies (ATT and Spectrum-Charter) and will begin engineering design following the formation of the proposed Johnson Blvd Underground Utility District (UUD).

Environmental Considerations: Any environmental permitting necessary to perform utility undergrounding work will be addressed by Liberty Utilities. The City’s proposed Johnson Blvd Complete Streets Project engineering design and permitting will be addressed at a future date as the Project moves up the priority list and funding is programmed to the Project. Environmental permitting for the proposed complete streets project will occur as a part of the planning, engineering, and design work.

Policy Implications: The Johnson Blvd Complete Streets Project fits well within the City’s 2021-2026 Strategic Plan Priorities. Removing overhead utility lines will prepare Johnson Blvd for construction of an important bicycle and pedestrian connector between the Lake Tahoe shoreline/Bijou commercial business district and the Bijou Park area.
547
Resolution 2022-XXX September 6, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
September 6, 2022
Notice of Hearing to Establish Johnson Blvd Underground Utility District Boundary

BACKGROUND
A. Johnson Blvd Complete Streets Project is included within the City of South Lake Tahoe (City) Fiscal Year 2022-2027 Five-Year Capital Improvement Plan.

B. Johnson Blvd is identified within the South Tahoe Middle School Connectivity Plan as a high priority Complete Streets Project.

C. Undergrounding of existing overhead utilities will remove utility poles and dense overhead utility lines and free up space within the Johnson Blvd public right-of-way to construct a complete streets project with a Class 1 mixed use recreational trail.

D. City Council, in accordance with the provisions contained in Chapter 7.10 of South Lake Tahoe City Code, shall by resolution determine the area to be included in a proposed underground utility district and set a date for a public hearing to determine if the public necessity, health or safety requires the removal of overhead electric and communications facilities within all or part of such proposed district.

E. Rule 20A utility undergrounding funds will pay for the undergrounding of main-line overhead utilities.

F. Rule 20A funds will pay for the first 100 linear feet of undergrounding costs for private utility service line construction and pay up to $1,500 per electric panel upgrade.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Hereby declares its intention to establish Johnson Blvd Underground District (UUD) as shown on the proposed underground utility district map (attached hereto as Exhibit A).

2. In accordance with requirements set forth in Municipal Code Chapter 7.10, the City Council hereby sets the time and place for a public hearing concerning the proposed Johnson Blvd Underground Utility District as follows:

Time: November 1, 2022 at 9:00 AM, or as soon thereafter as the matter may be heard.

Location: City Council Chambers, 1901 Lisa Maloff Way (SLT Airport), South Lake Tahoe, CA 548
Resolution 2022-XXX September 6, 2022 Page 2 of 2
Adopted by the City of South Lake Tahoe City Council on September 6, 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.
549
027-090-006 027-090-023
027-180-022
027-180-019
027-180-023
027-180-017
027-241-016
027-241-015
027-241-007
027-241-008
027-241-024 027-241-031
027-241-030
027-241-023
027-241-025
027-241-022 027-241-026
027-241-027
027-251-002 027-251-005
027-251-006
027-251-001 027-251-020
027-251-021
027-251-017
027-251-024
027-251-011
027-251-014 027-251-012
027-251-023
027-251-016
027-251-022
025-010-040
025-373-010
025-371-001
025-371-002
025-371-003
025-371-004
025-371-005
025-371-006
025-371-007
025-371-008
025-371-009
025-371-010
025-010-056
025-371-011
025-371-012
025-371-013
025-371-014
025-372-001
025-010-041
025-010-019
025-010-050
025-010-021
025-010-049
027-251-015
027-251-013
027-180-021
Proposed Johnson Blvd
Underground Utility District
Draft Boundary
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Feet
Path: \\1052tata2\GIS\Projects\PublicWorks\JohnsonBlvdUndergroundDistrict\JohnsonBlvdUndergroundDistrict.aprx | Draft Boundary Map | 5/13/2022 550
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 6, 2022
Agenda Item #: 22
Agenda Item: Land Exchange with California Tahoe Conservancy Executive Summary: City and California Tahoe Conservancy staff have engaged in discussions over the past few months regarding opportunities to exchange land in a manner that would result in more efficient management of public land assets. Staff proposes to provide parcels to the Conservancy that will benefit from the Conservancy's land management and conservation expertise, and to accept parcels from the Conservancy that will benefit from City stormwater infrastructure and recreation facility management capabilities. Staff is recommending that the City Council declare the City parcels to be exempt surplus land and authorize the City Manager to negotiate an agreement to exchange the specified parcels.

Requested Action / Suggested Motions: Pass a Resolution declaring seven City-owned parcels totaling approximately 181 acres (APNs 025-061-037, 025-081-013, 025-091-012, 031-030-020, 031-030-039, 080-010-013, and 080-020-008) to be exempt surplus property and authorizing the City Manager to negotiate a land exchange agreement for 18 parcels totaling approximately 7.1 acres owned by the California Tahoe Conservancy (APNs 023-686-016, 026-065-016, 027-010-016, 027-010-024, 027-010-029, 027-053-014, 027-073-005, 027-074-006, 027-112-013, 027-112-014, 027-112-015, 027-112-016, 027-112-017, 027-112-024, 027-134-022, 031-173-002, 031-173-004, and 032-090-013).

Responsible Staff Members: Hilary Roverud, Director of Development Services and Jason Burke, Complete Streets Program Manager
Responsible Staff Member: Hilary Roverud, Director of Development Services (530) 542-6024 Jason Burke, Complete Streets Program Manager (530) 542-6038 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report
02-Location Map
03-Land Exchange
04-Resolution.docx
551
Council Agenda Report September 6, 2022 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: September 6, 2022
Title: Land Exchange with California Tahoe Conservancy
Location: Various parcels in the City and El Dorado County Responsible Staff Member: Hilary Roverud, Director of Development Services Jason Burke, Complete Streets Program Manager
Background: City and Conservancy staff have engaged in discussions over the past few months regarding opportunities to exchange land in a manner that would result in more efficient management of public land assets. The City and Conservancy have a history of coordinating exchanges for this purpose. In 2012 an exchange of lands was executed that has benefited the Harrison Avenue public improvement and area wide stormwater project, stream environment zone restoration in Bijou Meadow, consolidation of Regan Beach parcels, development of the Community Playfields, and construction of a section of the Dennis T.

Machida Memorial Greenway trail from Sierra Boulevard to Al Tahoe Boulevard. More recently, on June 7, 2022, the City Council approved an exchange of TRPA development rights and land coverage with the Conservancy which provided additional public benefits consistent with each agency’s respective goals.

Issue and Discussion: City and Conservancy staff have continued to discuss exchanging properties for management efficiency, as shown in Attachment 02 and listed in Attachment 03.

The following City-owned parcels are recommended for exchange with the Conservancy.

Trout and Cold Creek Parcels
These parcels encompass approximately 177 acres of City-owned land purchased in 1981, located outside of the City limits (APNs 025-061-037, 025-081-013, 025-091-012, 080-010- 013, and 080-020-008). These parcels include areas along Trout Creek and Cold Creek known as the Globin Ponds and Lake Christopher where the City and Conservancy have historically partnered to complete stream environment zone (SEZ) restoration projects.

Link Road Parcels
These parcels include approximately 3.5 acres of land acquired by the City between 1970 and 1992 (APNs 031-030-020 and 031-030-039). The two larger parcels were acquired utilizing grant funds awarded by the California Tahoe Conservancy to remove the auto recycling yard and restore the site. The Conservancy retained the rights to all existing land coverage and commercial floor area (CFA) banked on the property and the larger parcel (031-030-39) was deed restricted as open space. These parcels were evaluated by the City for potential housing development, however, due to the parcels containing SEZ and flood zone areas and having access challenges they have not been pursued for development. 552
Council Agenda Report September 6, 2022 Page 2 of 4
The following parcels are recommended to be accepted from the California Tahoe Conservancy:

Alta Mira and Nearby Lakefront Parcels
This group of three lakefront parcels total approximately 1.4 acres of Conservancy-owned land (APNs 027-010-016, -024, and -029). The Conservancy and State Lands Commission acquired the Alta Mira parcel in 2014 and demolished the existing building to facilitate improved public access and recreation in the El Dorado Beach/Lakeview Commons area. The Conservancy currently leases the State Lands Commission portion of the parcel. Also included are two narrow lakefront parcels to the east, which were acquired by the Conservancy for potential lake access.

Water Quality Parcels
The exchange would potentially also include several scattered parcels that currently contain or are planned for City stormwater infrastructure (APNs 027-073-005, 027-074-006, 027-112-013, -014, -015, -016, -017, -024, 027-134-022, 027-053-014, and 031-173-002 and -004). These parcels are located near Herbert Ave., Osgood Ave., and O’Malley Drive and total approximately 1.4 acres.

Management Efficiency Parcels
The exchange would also potentially include a Conservancy-owned parcel adjacent to the Cityowned Al Tahoe Pioneer Cemetery parcel, a Conservancy-owned parcel adjacent to a Cityowned vacant parcel on Tahoe Island Drive and a Conservancy-owned parcel adjacent to the Lake Tahoe Airport (APNs 026-065-016, 032-090-013, and 023-686-016). These parcels would benefit from consolidated management by the City.

Attachment 03 includes a parcel list containing more detailed property characteristics. In general, the City proposes to provide parcels to the Conservancy that will benefit from the land management and conservation expertise of the Conservancy. Parcels that the Conservancy proposes to provide to the City will benefit from City stormwater infrastructure and recreation facility management capabilities.

Several of the proposed exchange parcels contain nominal amounts of banked TRPA commodities and land coverage. In general, City and Conservancy staff are recommending that the exchange of these parcels would include the banked and underlying potential rights associated with each of these parcels. However, the Lake Christopher parcel contains a significant amount of banked 1b hard coverage and the Alta Mira and Connolley Beach parcels contain banked existing Residential Units of Use, Commercial Floor Area, and Sewer Units which, as a result of further negotiations, may be retained by the agency currently in possession of those parcels.

All of the City parcels included in this potential exchange are listed as either “surplus” or “exempt surplus” in the City’s Surplus Land Inventory. The Surplus Land Act provides an exemption for land declared exempt by the local agency and exchanged with another local, state, or federal agency for the transferee agency’s use. Adoption of the resolution in 553
Council Agenda Report September 6, 2022 Page 3 of 4
Attachment 04 would declare all of the parcels as “exempt surplus” because they are being exchanged with a state agency for the agency’s use.

City and Conservancy staff continue to research the history, title and condition of these properties and are seeking authorization to negotiate an agreement to exchange these properties. If approved by the City Council, the Conservancy Board will also consider these actions at their September 15th meeting.

Financial Implications: Appraisals the determine market value of each parcel are not proposed to be conducted as part of this exchange. The purpose of the exchange is to increase public land management efficiencies. City maintenance and management responsibilities will shift from currently owned parcels that require significant vegetation and habitat management outside of City limits to newly acquired parcels that require additional stormwater infrastructure and recreation facility maintenance within the City boundary.

Environmental Considerations: The proposed exchange of land and TRPA development rights does not constitute an “approval” of a “project” pursuant to CEQA Guidelines Sections 15004 and 15352 because it does not commit the agency to a definite course of action in regard to a project to be carried out. The exchange of land for improved management efficiency purposes that does not involve a change to, or an intensification of, the existing use or purpose is not a “project” defined by CEQA (section 15378[a]).

Policy Implications: The recommended amendments are consistent with the City General Plan and Strategic Plan, specifically the following policies:

General Plan Policy LU‐10.3: Vacant Open Space Parcel Exchange The City shall work with the California Tahoe Conservancy (CTC) and other State and Federal agencies to exchange publicly‐owned vacant open space parcels in existing residential subdivisions for vacant parcels in other parts of the Lake Tahoe Basin as a means of consolidating open space and developing underused sites in existing neighborhoods.

General Plan Policy LU‐10.1: Inter‐Agency Coordination
The City shall coordinate with all regional, State, and Federal agencies and special districts to ensure that their planning efforts within the city limits are consistent with the City of South Lake Tahoe's General Plan.

General Plan Policy NCR‐3.11: Natural Habitat and Open Space Management The City shall encourage and support public agencies formed to acquire and manage important natural habitat areas, and other open space lands.

General Plan Policy ED‐1.2: Economic and Environmental
Balance: The City shall strive to maintain a balance between economic health and environmental health through careful and efficient planning.

Strategic Plan Strategy 5.4: Local Control
Explore ways to develop more local control for the City and residents to make 5.4 decisions about the community.

Action Item 3: Develop a strategy to improve the way the City coordinates with Basin entities. 554
Council Agenda Report September 6, 2022 Page
4 of 4
555
0 0.2 0.4 0.6
Miles
:

Sources:

TRPA, City, Conservancy
California
Tahoe Conservancy
*Map for reference
purposes only.

September 2022
City Boundary
Exchange Parcels
City to Conservancy
Conservancy to City
ATTACHMENT #2
Exchange and Transfer of Conservancy Lands with City of South Lake Tahoe ¬«89
£¤50
Trout and Cold
Creek parcels
Lakefront parcels
Water Quality
parcels
Link Road
parcels
Management
Efficiency
parcels
556
APN Address
Size
(acres) Land Use/Zoning Historic Use/Existing Development Current Use Banked TRPA Commodities Hydrologic Area General Plan Land
Use Designation Surplus Land Act Status Purpose of Exchange 025-081-013   No address  57.07 PAS 100-Conservation (EDC) Lake Christopher Dam SEZ, Flood Zone, Informal trails 91,260 sf 1b hard coverage  Upper Truckee Conservation Listed Exempt Surplus Conservation land and SEZ management 025-091-012   Abuts Lake Christopher  22.27 PAS 100-Conservation (EDC) Cold Creek SEZ, Flood Zone, Informal trails None Upper Truckee Conservation Listed Exempt Surplus Conservation land and SEZ management 031-030-020  948 Link Road  1.22
PAS 103 - Commercial/Public
Service Link Road SEZ, Flood Zone, Informal trails None Upper Truckee Commercial/Public
Service Listed Surplus SEZ restoration and management
031-030-039 No address  2.23
PAS 103 - Commercial/Public
Service Link Road SEZ, Flood Zone, Informal trails
9 sf CFA. 402 restoration credits, TRPA file
ERSP2016-1224 Upper Truckee
Commercial/Public
Service Listed Surplus SEZ restoration and management
080-010-013   Borders Pioneer Trail  20.82 PAS 100-Conservation (EDC) Trout Creek SEZ, Flood Zone, Informal trails None Upper Truckee Conservation Listed Exempt Surplus Conservation land and SEZ management 025-061-037 Martin Ave and Black Bart Ave 21.5
SEZ, Flood Zone, Informal trails,
Black Bart ROW Upper Truckee Conservation Exempt Surplus Conservation land and SEZ management 080-020-008   Above Pioneer Trail  54.8 PAS 106 - Residential (EDC) Creek, trails, drainage. Recent Defensible
Space by CCC SEZ, Flood Zone, Informal trails None Upper Truckee Conservation Listed Exempt Surplus Conservation land and SEZ management 023-686-016 973 Tahoe Island Dr 0.27 Vacant. Informal Trails Upper Truckee Low Density
Residential Urban parcel adjacent to vacant City parcel 026-065-016  761 Tallac Ave.  0.11 PAS 099 - Residential Cemetery Adjacent Al Tahoe Cemetery 17 sf Class 7 potential coverage DOC-2005-
0107854-00 South Stateline
High Density
Residential
Coordination with Al Tahoe Cemetery
management
027-010-016  3339 Lake Tahoe Blvd.  0.43 Bijou/Al Tahoe CP Professional office building Multi-use trail, Stormwater
Infrastructure, State Lands
Commission Lease
2 SFRUU, 3214 sf CFA, 9821 sf coverage verified,
VBOU2014-0817 South Stateline Commercial Urban parcel. Recreation/Transportation 027-010-024  No address  0.42 Bijou/Al Tahoe CP Vacant Informal Trail None, DR transferred off South Stateline Commercial Urban parcel. Open Space 027-010-029  No address  0.48 Bijou/Al Tahoe CP Vacant (Chimney Parcel) Informal Trail None  South Stateline Commercial Urban parcel. Open Space 027-053-014 3609 Osgood Ave 0.07 PAS 093 - Residential Vacant Vacant 1 DR transferred DOC-2005-0088341-00 South Stateline High Density
Residential Stormwater infrastructure management
027-073-005  3685 Paradise Ave.  0.11 PAS 092 - Residential WQ Basin Stormwater Infrastructure None South Stateline High Density
Residential Stormwater infrastructure management
027-074-006  3728 Osgood Ave.  0.12 PAS 092 - Residential Vacant Stormwater Infrastructure None South Stateline High Density
Residential Stormwater infrastructure management
027-112-013 1027 Herbert Ave 0.12 PAS 093 - Residential Vacant Stormwater Infrastructure None South Stateline High Density
Residential Stormwater infrastructure management
027-112-014 3572 Lloyd Ave 0.12 PAS 093 - Residential Vacant Stormwater Infrastructure None South Stateline High Density
Residential Stormwater infrastructure management
027-112-015 3576 Lloyd Ave 0.12 PAS 093 - Residential Vacant Stormwater Infrastructure None South Stateline High Density
Residential Stormwater infrastructure management
027-112-016 3580 Lloyd Ave 0.12 PAS 093 - Residential Vacant Stormwater Infrastructure None South Stateline High Density
Residential Stormwater infrastructure management
027-112-017 3584 Lloyd Ave 0.12 PAS 093 - Residential Vacant Stormwater Infrastructure None South Stateline High Density
Residential Stormwater infrastructure management
027-112-024 3604 Lloyd Ave 0.12 Tourist Core AP Vacant
Stormwater Infrastructure. Informal
Trail None South Stateline Tourist Center Stormwater infrastructure management 027-134-022 3736 Alder Ave 0.12 Vacant South Stateline
High Density
Residential Potential Stormwater management
031-173-002 1202 O’Malley Dr 0.11 Stormwater Infrastructure Upper Truckee Low Density
Residential Stormwater infrastructure management
031-173-004 1210 O’Malley Dr 0.19 Stormwater Infrastructure Upper Truckee Low Density
Residential Stormwater infrastructure management
032-090-013  No address  3.93
PAS 116 - Commercial/Public
Service Vacant Flood Zone. Airport related drainage None Upper Truckee Special District Airport drainage management City and California Tahoe Conservancy Land Exchange
City Parcels
Conservancy Parcels
557
Resolution 2022-XXX September 6, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe City Council
September 6, 2022
Declaring Seven City-Owned Parcels Totaling Approximately 181 Acres to be Exempt Surplus Property and Authorizing the City Manager to Negotiate a Land Exchange Agreement with the California Tahoe Conservancy

BACKGROUND
A. The City of South Lake Tahoe owns seven parcels totaling approximately 181 acres of property (Assessor’s Parcel Numbers 025-062-037, 025-081-013, 025-091-012, 031-030- 020, 031-030-039, 080-010-013, and 080-020-008) that are not needed for City purposes (the “Subject Property”) and which the City desires to exchange for 18 parcels totaling approximately 7.1 acres owned by the California Tahoe Conservancy (Assessor’s Parcel Numbers 023-686-016, 026-065-016, 027-010-016, 027-010-024, 027-010-029, 027-053- 014, 027-073-005, 027-074-006, 027-112-013, 027-112-014, 027-112-015, 027-112-016, 027-112-017, 027-112-024, 027-134-022, 031-173-002, 031-173-004, and 032-090-013) (the "CTC Properties”).

B. 177 of the acres owned by the City are located along Trout Creek and Cold Creek and are outside City limits in unincorporated El Dorado County. These parcels (APNs 025-061-037, 025-081-013, 025-091-012, 080-010-013, and 080-020-008) contain stream environment zone (SEZ) restoration projects and are not needed for City purposes.

C. 3.5 of the acres owned by the City (APNs 031-030-020 and 031-030-039), located on Link Road, were acquired with grant funds awarded by the California Tahoe Conservancy to restore the site, are deed-restricted as open space, and are not needed for City purposes.

D. The California Tahoe Conservancy-owned Alta Mira and nearby lakefront parcels totaling approximately 1.4 acres (APNs 027-010-016, -024, and -029) were acquired for public access to Lake Tahoe, and the City intends to continue to use them for this purpose.

E. Twelve California Tahoe Conservancy-owned parcels totaling approximately 1.4 acres (APNs 027-073-005, 027-074-006, 027-112-013, -014, -015, -016, -017, -024, 027-134- 022, 027-053-014, and 031-173-002 and -004) either currently contain or are planned for City stormwater infrastructure, and the transfer of these parcels to the City will allow the City to control these parcels for water quality purposes.

F. Three California Tahoe Conservancy-owned parcels are located adjacent to the City-owned Al Tahoe Pioneer Cemetery, a City-owned vacant parcel on Tahoe Island Drive, and the Lake Tahoe Airport, and the transfer of these parcels to the City would allow for consolidated management by the City.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
558
Resolution 2022-XXX September 6, 2022 Page 2 of 2

1. Finds and declares that the Subject Property the City is transferring to the California Tahoe Conservancy in exchange for the CTC Properties, is exempt surplus property under Government Code section 54220 et seq. and the Surplus Land Act Guideline dated April 2021 (“SLA Guidelines”), for the following reasons:
a. Pursuant to SLA Guidelines section 103(b)(3)(C), the City is exchanging property for other property necessary for the City’s use.
b. Pursuant to SLA Guidelines section 103(b)(3)(D), the City is transferring property to another public agency, the California Tahoe Conservancy, for the California Tahoe Conservancy’s use.

2. Finds and determines that the proposed exchange of land and TRPA development rights associated with that land does not constitute “approval” of a “project” pursuant to California Environmental Quality Act (CEQA) Guidelines sections 15004 and 15352 because it does not commit the agency to a definite course of action in regard to a project to be carried out, and the exchange of land for improved management efficiency purposes that does not involve a change to, or an intensification of, the existing use or purpose is not a “project” under CEQA Guidelines section 15378(a).

3. Authorizes the City Manager to negotiate an agreement with the California Tahoe Conservancy to exchange the Subject Property for the CTC Properties.

Adopted by the City of South Lake Tahoe City Council on September 6, 2022 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:___________
Devin Middlebrook, Mayor
Attest:
________________________ Date:___________
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.
559
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 6, 2022
Agenda Item #: 23
Agenda Item: New Financial Policy - Donation, Sponsorship, and Naming Rights Policy Executive Summary: The purpose of this policy is to establish a formal process for acceptance and documentation of donations and sponsorships made to the City. This policy also establishes the standards for City officials and department heads regarding the approval and acceptance of donations and/or sponsorships as well as naming rights proposed through sponsorships. This policy provides guidelines for accepting donations and sponsorships in a responsible, transparent, and accountable manner consistent with City strategic goals.

Requested Action / Suggested Motions: Pass a Resolution adopting New Financial Policy - Donation, Sponsorship, and Naming Rights Policy.

Responsible Staff Member: Lori Marino, Principal Management Analyst Responsible Staff Member: Lori Marino, Principal Management Analyst (530) 542-7410 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - New Policy on Donation, Sponsorship, and Naming Rights.docx 02-Resolution - New Financial Policy on Donations, Sponsorship, and Naming Rights.docx 03- Financial Policies- Donations, Sponsorships, Naming Policy (Exh. A to Reso).docx 560
Council Agenda Report- September 6, 2022 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: September 6, 2022
Title: New Financial Policy- Donation, Sponsorship, and Naming Rights Policy.

Location: Citywide
Responsible Staff Member: Lori Marino, Principal Management Analyst (530) 542- 7410 Background: The City Council adopted the City of South Lake Tahoe Comprehensive Financial Policies in July 2005. Each year the policies are reviewed, and necessary amendments, or new policies are presented to the City Council for adoption.

Issue and Discussion: The City recognizes there is benefit in partnering with businesses, organizations, individuals, and community members to fund City programs, events, facilities, assets, and services. Contributions from outside sources of cash, in-kind services, labor, equipment, or supplies can reduce direct expenses and aid in garnering public support as well as provide additional leverage for other types of revenues.

The Donation, Sponsorship, and Naming Rights Policy is intended to establish a process for soliciting and accepting contributions, donations, sponsorships and recognizing donors in a manner consistent with Government Accounting Standards as well as the City’s values, priorities, and the Strategic Plan. This policy is necessary to determine eligible types of contributions, outline restrictions, and establish thresholds for approvals and acceptance in accordance with Federal, State, and IRS laws and guidelines. It also provides an avenue to work with non-profits whose missions support the City’s strategic goals.

Financial Implications: City Code and Financial Policies that are up to date with current laws, governmental accounting standards and compliance are essential to the prudent financial management of the City’s assets and resources. Creation of this policy to establish guidelines for donations, sponsorships, and naming rights can generate revenue to fund new and existing facilities, project, programs, and activities for the benefit of the City and its residents.

Environmental Considerations: Addition of a new financial policy is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). Section 15061(b)(3) of the CEQA Guidelines states that an activity is covered by the commonsense exemption that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.

Policy Implications: The overall impact of financial policies is to strengthen and preserve the City’s financial position and fiscal health as well as maintain the highest level of ethics in the stewardship of public funds.
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Resolution 2022-XXX September 6, 2022 Page 1 of 1
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
September 6, 2022
Adopting New Financial Policy – Donation, Sponsorship, and Naming Rights Policy

BACKGROUND
A. The City of South Lake Tahoe City Council approves and adopts Financial Policies to support the City’s financial operations and ensure its fiscal health; and B. Financial Policies require amendments and adoption from time to time to ensure compliance with the requirements set forth in Federal and State law; Generally Accepted Accounting Principles (GAAP) and City Code; and
C. The City Council recognizes the benefit in partnering with businesses, organization, individuals, and community members to fund City programs, events, facilities, assets, and services; and
D. This policy establishes processes for soliciting and accepting contributions, donations, sponsorships, and recognizing donors in a manner consistent with Government Accounting Standards and the City’s values, priorities, and Strategic Plan; and BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED that the City Council of the City of South Lake Tahoe:

1. Adopts the New Financial Policy - Donation, Sponsorship, and Naming Rights Policy dated September 2022 (Exh. A).

Adopted by the City of South Lake Tahoe City Council on September 06, 2022 by the following vote:

Yes:

No:

Abstain:

Absent:
________________________ 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.
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1 City of SLT Financial Polices- Donation, Sponsporship, Naming Rights September 2022 Financial Policies
Donation, Sponsorship, and Naming Rights Policy

PURPOSE
The purpose of this policy is to establish a formal process for acceptance and documentation of donations and sponsorships made to the City. This policy also establishes the standards for City officials and Department Directors regarding the acceptance of donations and/or sponsorships as well as naming rights proposed through sponsorships during the performance of City business.

This policy provides guidelines for accepting donations and sponsorships in a responsible, transparent, and accountable manner consistent with City strategic goals.

Uniform criteria and procedures guide the review and acceptance of such donations and sponsorships and confirm the City has relevant and adequate resources to administer such donations, and ensures the City appropriately records the contribution and acknowledges the generosity of the donor.

DEFINITIONS
Donations may be offered in the form of cash, real or personal property, equipment, inkind goods or services, or any other asset the City has agreed to accept for which the donor has not received any payment, goods, or services in return.

Designated or Restricted Donations mean those donations designated at donor request for a particular City department, location, project, or purpose, limiting use at the request of the donor.

Undesignated donations mean those donations that are given to the City for an unspecified use.

Sponsorships are cash or in-kind products and services offered by sponsors with an expectation that an obligation is created. The recipient (City of South Lake Tahoe) is obliged to return something of value to the sponsor. The value is typically public recognition and publicity or advertising highlighting the contribution of the sponsor and or the sponsor’s name, logo, message, products, or services. Sponsors must be businesses, non-profit groups, or individuals that promote mutually beneficial relationships for the City and whose purpose is consistent with the City’s values, priorities, and Strategic Plan. Sponsorship under this policy does not include paid commercial advertising.
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2 City of SLT Financial Polices- Donation, Sponsporship, Naming Rights September 2022 Naming Rights as it pertains to this policy, shall mean a type of sponsorship in which a third party purchases the exclusive right to name a property, component of property, facility, or city asset as described herein. All Naming Right proposals must be approved by City Council.

DONATIONS
This Council Policy is intended to guide the manner in which City staff accepts donations on behalf of the City and will consider public trust and compliance with all applicable laws and regulations when accepting donations.
 It is the intent of the City to reflect the accurate value of donations.  Only City officials authorized by this policy may accept donations.  This policy applies to all City departments and funds, as well as all types of donations authorized by this policy.
 The City has no obligation to accept any donation proposed by a donor until donations are approved in the manner set forth in this policy.  All donations will be evaluated by the City prior to acceptance to determine whether the donation is in the City’s best interest and is consistent with strategic plan, applicable City laws, policies, ordinances, and resolutions.  The City does not provide legal, accounting, taxation, or other professional advice to donors. Each donor is responsible for ensuring the proposed donation meets the donor’s charitable, financial, and/or estate planning goals.  Prior to acceptance the City must determine whether an expenditure of City funds, either a direct outlay or use of City resources and materials, is associated or required by acceptance of the donation.
 The donation must be used for official City business, and not for political activities or other personal business.
 A donor may restrict a donation for a particular City department, location or purpose, but not designate the City official who may use the donation.  The City shall comply with all applicable laws and regulations of the Internal Revenue Service regarding the acceptance of donations.
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3 City of SLT Financial Polices- Donation, Sponsporship, Naming Rights September 2022

PROCEDURES
A. Proposed Donations
For donations of personal property other than cash, or of real property that only includes land or land and existing improvements, the donation proposal should be submitted on the Donation Approval Form to the City of South Lake Tahoe and include the following:
 Detailed description of the real or personal property donation (e.g., land, buildings and equipment). Proposals for land should also include a legal description and a detailed site plan.
 Estimated cost or valuation of the gift (if known).
 Justification or reason for donation.
 Statement of unconditional gift to the City, or identification of any conditions associated with the acceptance of the donation.

For donations of personal property in the form of cash or of real property that includes the construction of new improvements, the donation proposal should be submitted on the Donation Approval Form to the City of South Lake Tahoe and include the following:

 Detailed description of the proposed project or use if proposing a designated donation.
 Estimated cost or valuation of the gift (if known).
 Justification or reason for donation.
 Scope of proposed project or intended use if designated.  Conceptual drawings or plans (if applicable).
 Statement of whether the donor proposes to execute the project/use or seeks the City to do so.
 Statement of unconditional gift to the City, or identification of any conditions associated with the acceptance of the donation.

B. Value of Donation
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4 City of SLT Financial Polices- Donation, Sponsporship, Naming Rights September 2022 Personal Property/ Equipment Valuation will equal its acquisition cost by the donor. If the donor cannot document this figure, an appropriate appraisal value should be provided. If the donor cannot provide an appraisal, the City will use best efforts to determine the fair market value.

Note: The City of South Lake Tahoe cannot guarantee future funding for repair, Maintenance, use or replacement of donated items.

Cash and other similar type donations will be valued at the dollar amount gifted to the City of South Lake Tahoe.

Real Property Valuation of Land or of Land with Existing Improvements, such as a building and its site, require reasonable estimate of value. This could be determined by a qualified appraisal or current market value based on actual cost to the donor, or selling price, comparable sales, or replacement costs.

In-Kind Goods or Services could be valued by checking the price for the good or service on the open market, obtaining quotes to determine the going rate, actual salary costs if available, or estimating salary cost based on skill level needed for the donated service.

New Improvement Projects or Repair/Alteration Projects that involve the construction of new improvements or repairs and alterations, must be proposed with fully scoped and designed concepts to allow for complete and comprehensive cost estimates to be provided and reviewed. All quantitative and qualitative aspects of the potential project must be established, such as definitive financial, operational, and environmental impacts.

The result is a Design & Cost Estimate Package inclusive of construction drawings, performance specifications and finish schedules, timeline and milestone schedules, cost estimates, and environmental and operational impact analysis that can be submitted to the City by the donor.

C. Approval of Undesignated Donations
Undesignated or Unrestricted Donations shall mean a donation to the City without any limitations being placed upon its use.

All offers of Undesignated Donations to the City, shall be reviewed by the Finance Director for consideration of acceptance. Finance Director may review the proposal with appropriate City staff, City Treasurer, City Attorney, and/or City Manager to determine benefits derived and necessity of city resources to warrant acceptance of the donation.

Criteria for evaluation include but are not limited to:
 Donation is in the City’s best interest and consistent with applicable City laws, policies, ordinances, resolutions, and strategic priorities.  Consideration of any special restrictions and if so, ensure those restrictions are acceptable to the City.
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5 City of SLT Financial Polices- Donation, Sponsporship, Naming Rights September 2022  Consideration of an immediate or initial City expenditure required to accept the donation which had not been included in the approved City budget.  Potential to create one-time or on-going general maintenance obligation for the City.
 Evaluate potential liabilities, hazards, or environmental concerns.

Upon consideration to move forward, Finance Director shall follow threshold approvals as outlined below under “Approval Authority”.

D. Approval of Designated Donations
Designated or Restricted Donations must be proposed with a fully developed concept, idea, or intent containing enough information for City staff to assess consideration of the donation.

The Beneficiary Department Director will review the Donation Approval Form and conditions of any designated donation and determine if the benefits derived warrant consideration of the donation. Criteria for the evaluation include but are not limited to:
 Consideration of an immediate or initial expenditure required in order to accept the donation.
 The potential and extent of the City’s obligation to provide staff resources, maintain, match, or supplement the donation.
 Long-term city expenditures, requirements, or compliances required to fulfill obligation.
 Determination and accuracy of appraised value of the donation for non-cash donations.
 Potential liabilities associated with the donation, such as hazardous conditions, or environmental concerns.
 Feasibility of the proposal, both financial and operational.  Whether the proposal is supported by impacted local residents and regional stakeholders and has economic and community benefits.

Cash Donations under $5,000 can be accepted by Beneficiary Department Director and approved by the Finance Director.
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6 City of SLT Financial Polices- Donation, Sponsporship, Naming Rights September 2022 For cash donations over $5,000 and all other types of donations, the Beneficiary Department Director shall seek further review of financial implications by the Finance Director, legal implications by the City Attorney, operation, CIP and facility implications by the Public Works Director, as well as review by any other department/division impacted by donor proposal. Once review is approved, the following threshold authority is required for acceptance and approval.

E. Approval Authority
Following is the threshold amounts for approval of donation acceptance:
 Offers of donations of cash or items valued at $5,000 or below may be accepted by the Beneficiary Department Director and approved by the Finance Director.  Offers of donations of cash or items valued more than $5,000 and up to $10,000 may be accepted and approved by the City Manager.
 Offers of donations of cash or items valued more than $10,000 must be accepted and approved by the City Council. Donations valued at more than $10,000 shall be accepted through a written agreement consistent with these guidelines and approved by the City Council.
 All monetary donations regardless of dollar amount requiring additional expenditure appropriation must be approved by City Council.

F. Acceptance of Donations
Upon Approval and Acceptance as noted in the Approval Authority, the Distribution of Donation will be as follows:
 Tangible items will be distributed to appropriate City departments for use as directed if the item is a designated donation or if undesignated at the discretion of the City Manager or City Council as assigned in the Approval Authority above.  Donations of cash for designated donations will be deposited into the appropriate revenue/expense accounts as noted in the City Council Resolution for the designated City department or at the discretion of the Authorized Authority as noted above.
 Donations of cash for undesignated donations up to $10,000 can be deposited into the City’s General Fund donation account or designated to a specific program or project at the discretion of the City Manager. Undesignated donations in an amount over $10,000 will be distributed at the direction of City Council. 568
7 City of SLT Financial Polices- Donation, Sponsporship, Naming Rights September 2022 G. Tax Deduction
Donors may claim a tax deduction for any donation to a local government that exceeds $250 in value. For a donor to claim this deduction they must obtain a written acknowledgment from the local government that contains the following:
 The name of organization
 Amount of cash contribution
 Description (but not the value) of non-cash contribution  Statement that no goods or services were provided by the organization in return for the contribution
 Description and good faith estimate of the value of goods or services, if any, that an organization provided in return for the contribution H. Donation Recognition and Approval Form
Upon approval, and in accordance with this policy, Beneficiary Department Director (Designated donation) or City Manager/Designee (Undesignated donation) will ensure a “Donation Approval Form” and “Donation Acknowledgement Letter” are disseminated as follows:
 A signed/ completed Approval Form and Acknowledgement Letter will be provided to the Donor.
 Approval Form, Acknowledgement Letter and original Donor Proposal will be attached to City Council documents for all donations requiring City Council approval. Appreciation will be recognized during the meeting, except in the case of anonymity requested by the donor.
 For donations not requiring City Council approval, copies of Approval Form and Acknowledgement Letter shall be forwarded for information only to the City Council by the City Manager’s Office and except in the case of requested anonymity by the donor, the donation/donor will be thanked and recognized by the City Manager at the next available City Council meeting.
 A copy of each Approval Form and Acknowledgement Letter shall be forwarded for information to the Finance Department and the designated department for which the donation was assigned.
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8 City of SLT Financial Polices- Donation, Sponsporship, Naming Rights September 2022  Each original Donation Approval Form, Donation Acknowledgement Letter and Donor Proposal shall be submitted to the City Clerk’s Office for retention.

DECLINE DONATION
The City of South Lake Tahoe reserves the right to decline any donation if, upon review, acceptance of the donation offer is not in the best interest of the City, as determined in the review process.

Should the City reject the Donation Proposal for any number of reasons, including operational impacts, conflict with strategic priorities, obligation or fiduciary conflicts, or any other determining factor, the City Beneficiary Department will notify the Donor in written form.

SPONSORSHIPS
Offers of sponsorship should be submitted on a “Sponsorship Approval Form”, to the Department Director receiving the benefit of sponsorship. The form shall be reviewed for completeness, compliance with this policy, and all other city codes, plans, and policies. Upon approval from Department Director, the form shall be routed for approval and acceptance per thresholds outlined in this policy.

Recognition for sponsorships will be made per the thresholds outlined in this policy, whereby the Sponsor will accept liability for all content of sponsorship messages printed or placed and assume responsibly of any claims arising therefrom made against the City.

Sponsors will be solely responsible for obtaining necessary permission to use photographs, trademarks, trade names, copyrighted material or any other legally protected property and will submit all graphics in a format acceptable for printed materials.

Special Events/Promotions- In the case of special events where sponsorship of that event is provided by a corporate or organizational sponsor, such sponsor may, at the discretion of the appropriate approving authority of this policy, be recognized through the display of the sponsor’s logotypes and/or names on event material(s). Such sponsorship shall not entitle the sponsor to any special privileges beyond that outlined in the Approval Form.

Recognition and marketing opportunities may include the following:
 Recognition of sponsor in media releases;
 Recognition of sponsor on promotional materials or printed materials;  Onsite promotion and recognition;
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9 City of SLT Financial Polices- Donation, Sponsporship, Naming Rights September 2022  Booth space at special events; and,
 Advertising in City advertising space where applicable.

All full advertising/marketing/logo graphic design must be submitted in sufficient detail to determine content and final general appearance to the Special Events Coordinator and/or Department receiving sponsorship funding, for review and approval before acceptance of sponsorship. The design must be in a format acceptable and ready for print. The approval process for advertising/marketing/logo design shall not exceed ten (10) business days from time of submittal. Artwork must be submitted in appropriate format for printing.

Restrictions
The City will not undertake sponsorships or accept contributions which:
 Require theCity's written or spoken endorsement of commercial products, service, companies, orindividuals.
 Limit the City's ability to carry out its functions fully and impartially.  Limit public access to City events, programs, facilities, or services.  Personally benefit any individual City employee or group of employees.  Imply City association with gambling, tobacco, illegal drugs, firearms, or pornography.
 Imply City endorsement of a particular political or religious viewpoint.  Imply City tolerance of discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation.

Approval Authority
Following is the threshold amounts for approval of sponsorship acceptance:
 Offers of sponsorship valued at $5,000 or below may be accepted by the Beneficiary Department Director and approved by the Finance Director.  Offers of sponsorships valued more than $5,000 and up to $10,000 may be accepted and approved by the City Manager.
 Offers of sponsorships valued more than $10,000 must be accepted through a written agreement consistent with these guidelines, approved by City Attorney, and approved by the City Council.
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10 City of SLT Financial Polices- Donation, Sponsporship, Naming Rights September 2022  All monetary sponsorships regardless of dollar amount requiring additional expenditure appropriation must be approved by City Council.

The City shall reject advertising related to the sponsorships addressed in this policy, that does not comply with the standards set forth in this policy, bond holder agreements, city code, strategic plan, state or federal regulations, or other governmental standards.

If not approved at any stage of approval process, Sponsorship Approval Form shall be returned to designated sponsor with explanation of non-approval.

NAMING RIGHTS
Assigning a name is a powerful and recognizable identity for a public place or facility. The naming and/or renaming of City facilities, property, and assets, often requires significant resources in terms of changing names on signs, maps, and literature. In addition, the naming of facilities, property, and assets, should represent the mission and priorities of the City of South Lake Tahoe, City Council, and the community it represents. Therefore, all sponsorships proposing Naming Rights shall be approved by City Council.

All Sponsorships requesting Naming Rights on the Sponsorship Approval Form must include:
 Details of exchange of benefits, including what will be provided to the City by the sponsor and what will be provided by the City to the sponsor.  Specific details of proposed name, and location.
 Term of the proposed Naming Rights Agreement.

Department benefitting from the sponsorship will bring this item to City Council for approval along with a “Naming Rights Agreement” developed by the City Attorney and reviewed and approved by the Finance Director, City Manager, and City Attorney.

Approval process and Naming Rights Agreement should:
 Ensure supporting information has been authenticated.  Consider the impact of the naming or renaming to the community.  Consider the cost of implementation, signage, and identify the funding to cover such costs.
 Ensure ownership rights, by agreement or by law, bond implications, or other legal implications.
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11 City of SLT Financial Polices- Donation, Sponsporship, Naming Rights September 2022  Adherence to City policies, City Code, as well as any local, state or federal laws.
 Reserve the right to rename any City Asset for any reason, if the resident, organization, or business for which it is named turns out to be disreputable, becomes disreputable or does not otherwise support the mission, principles, priorities, or policies of the City of South Lake Tahoe.

Fundraising Guidelines
The City may receive offers for outside support groups to identify donors to fundraise for specific City Assets in exchange for Naming Rights. City Sponsored or Recognized Support Groups intending to fundraise for multiple Naming Rights or major projects must take the following steps:
 Develop recommendations for Naming opportunities with gift levels prior to receiving gifts and offering Naming Rights to prospective donors.  Draft and submit recommended Naming opportunities with gift levels to the Department Director benefiting from the sponsorship, for review.  Include detailed information pertaining to type of gift levels, location(s), Naming Rights, criteria, length of term, and any other relevant information.

Department Director will work with the City Attorney to prepare a draft “Naming Rights Agreement” pertaining to the proposed Naming Rights with the City Sponsored or Recognized Support Group detailing city requirements and recommendations.

Draft Agreement will be brought forth to City Council for consideration, review, and approval prior to any fundraising proposing Naming Rights. 573
12 City of SLT Financial Polices- Donation, Sponsporship, Naming Rights September 2022

DONATION APPROVAL FORM
Name of Donor:______________________________________________________________ Address:_________________________ City: ______________ State: ______ Zip:__________ Description of donation: _________________________________________________________ ____________________________________________________________________________ Donor estimate of current value: __________________________________________________ Potential immediate or initial acquisition or installation cost, any on-going maintenance or replacement cost, any other cost required for acceptance/completion:_____________________ ____________________________________________________________________________ Intended use: ________________________________________________________________ ____________________________________________________________________________ Conditions of acceptance or donor designation: _____________________________________ ____________________________________________________________________________ Remarks: ____________________________________________________________________ City Department receiving donation:_______________________________________________ Account Number for Revenue: ___________________________________________________ Attach additional information where necessary.

APPROVED BY:

Name/ Title Signature Date
Up to $5,000 Department
Head
Up to $10,000 Finance
Director
$5,000 to $10,000 City Manager
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13 City of SLT Financial Polices- Donation, Sponsporship, Naming Rights September 2022 Over $10,000: Date Approved by City Council: _______________________________

DONATION ACKNOWLEDGEMENT
(today’s date)
(insert donor’s name and address)
Dear (donor’s name),
The City of South Lake Tahoe would like to thank you for your generous donation in the amount of ___________, for ______________ on (insert donation date).

Your support will assist in furthering our strategic goals. {Provide details about how the donor’s gift will be used} No goods or services, in whole or in part, were exchanged for this contribution. Your contribution is tax deductible (if contribution is valued over $250) to the extent allowed by law.

Every donation makes an impact to better our community, and we are so thankful for your support.

Sincerely,
City Manager
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14 City of SLT Financial Polices- Donation, Sponsporship, Naming Rights September 2022

SPONSORSHIP APPROVAL FORM
Date of Application: ________________
Name of Sponsor:______________________________________________________________ Address:________________________________________ Phone# _____________________ Name and location of Event/Program/Project Sponsored: ______________________________ ____________________________________________________________________________ Description and/or amount of Sponsorship: _________________________________________ In exchange for: _______________________________________________________________ Sponsoring Department or Event: _________________________________________________ Attach full advertising, marketing, logo or graphic design in sufficient detail to determine content and final appearance to Special Events Coordinator or Department receiving sponsorship for review prior to final approval.

Naming Rights Proposal: Yes________ No:________ If yes, provide details of exchange benefits, proposed name, term of proposed agreement, specific location, attach additional information, maps, photos where necessary: ________________________________________ ____________________________________________________________________________ All Naming Rights Proposals require a written Naming Rights Agreement by the City Attorney and must be approved by City Council.

Potential cost, on-going maintenance, replacement cost, city requirements or conditions for acceptance:________________________________________________________________ Account Number for Revenue: ___________________________________________________ APPROVED BY:

Name/ Title Signature Date
Up to $5,000 Department
Head
Up to $10,000 Finance
Director
$5,000 to $10,000 City Manager
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15 City of SLT Financial Polices- Donation, Sponsporship, Naming Rights September 2022 Over $10,000: Date Approved by City Council: _______________________________ 577
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: September 6, 2022
Agenda Item #: 24
Agenda Item: Agenda Planning Calendar
Executive Summary:

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
Responsible Staff Member:

Reviewed and Approved By:

Attachments:

APC - 09 01 2022.pdf
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2022 Agenda Planning Calendar (Updated 09 01 2022)
Agenda Item Agenda Section
Sept. 20, 5:30 p. City Attorney Single-Use Plastic Ordinance Amendments UB City Clerk City Council Protocols (Travel Rembursements CB/TW 6/7/2022) City Council Appointments - LAFCO/EDC Oversight Board
Dev. Services Amendment to PLHA Grant Use
Sugar Pine Village SuperNofa Resolution
Fire LHMP Adoption
Parks & Rec Parks Foundation MOU
Police Parking Ambassador Program
Pub Works Bijou Creek Park Project Update
Facility Assessment Award
PSA Right of Way Support Services Pioneer Trail Ped Imp Project Phase Adoption of Dark Sky Standard
UB
Title VI Plan Adoption

Update Consent
Oct. 4, 9 a.m. City Clerk Conflict of Interest Code Update Approval of Solicitation for Applications to Boards & Commissions Ordinance Increasing City Council Compensation (First Reading) Department
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2022 Agenda Planning Calendar (Updated 09 01 2022)
City Manager SW Gas Prestentation Renewable Energy Goals Presentation Tesla Contract
Dev Services California Building Code - Local Code Adoption TCAP Amendment – Montreal
Finance GANN Limit Consent
Budget Carry-Forward
Pub Works Airport Rate Study Presentation NB
Sustainable Transportation Planning grant - Citywide Connectivity Plan Consent Rec Center Award - Phase II
Police Discussion on Potential Gun Safety Measures NB
Nov. 1, 9 a.m. City Clerk Ordinance Increasing City Council Compensation (Second Reading) Resolution Increasing City Treasurer Compensation
Public Works Broadband Master Plan Adoption
Nov. 15, 5:30 City Manager Juvenile Treatment Center Discussion PD/CM/PR/DS Commission Annual Reports
Dec.13, 9 a.m. City Clerk Resolution Certification of Election Results 580
2022 Agenda Planning Calendar (Updated 09 01 2022)
City Council Re-Organization
Oath of Office
2023 Meeting Schedule
City Council Assignments to Boards and Commissions Discussion League - New Mayors and Council Members Attendance
City Employee Recognitions
California Tahoe Conservancy Proposition 1 Grant Funding ($550,000) Consent Bijou Area Erosion Control Project CFD Annual Report Consent Grant Funding for the Tahoe Valley Stormwater & Greenbelt Project move Consent City Attorney Parking Garage License Agreement with Verizon City Attny/PW Undergrounding Utilities
Amendments to Small Cell Policy
Liberty Utilities Franchise Agreement
City Clerk Records Management Policy (Updated)
Policy - Use of Personal Devices for City Business
Unscheduled/Pending
Pub Works
581
2022 Agenda Planning Calendar (Updated 09 01 2022)
City Manager Potential new City slogan
Customer satisfaction survey(s)
Dev Services Inclusionary housing ordinance
Plan Area Statement Update for Tourist Accommodation Uses PLHA Moderate Income Homebuyer Administration PSA
Tourist Core Area Plan Amendment: 3828 Montreal Rd
RFP for consulting firms for Bijou / Al Tahoe Area Plan and Bijou Parks Plan Area Statement 111 amendment
Single Room Occupancy Program Amendments
Outside Eating Code Review (coverage, seating, parking etc) Fire Weed abatement/nusance Program - Defensable Space
Fire Marshal
Parks & Rec Bijou Park Master Plan
Bijou Golf Course "Rock the Lake" Event and Review
Public Works

Rehab
Award Contract PD - Community Recource Center Renovations

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2022 Agenda Planning Calendar (Updated 09 01 2022)
SEED Solar Photovoltaic Project PPA
Award - James and Eloise Drainage Improvement Project Phase 1 Airport Deferred Maintenance Plan
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