City Council
Cody Bass, Mayor
John Friedrich, Mayor Pro Tem
Cristi Creegan, Councilmember
Tamara Wallace, Councilmember
Scott Robbins, Councilmember
Mission of the City Council
The City was established to provide essential,
outstanding and cost-effective services that
enhance environmental sustainability, economic
vitality and the quality of life for our residents,
businesses and guests.
City of South Lake Tahoe
City Council
Meeting Agenda
Tuesday, April 23, 2024 at 5:30 pm
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are livestreamed on Channel 21, City website at www.cityofslt.us, YouTube at https://www.youtube.com/channel/UC3LYne8Ih-kTPLnnuyJW9SQ/live and via ZOOM at this link https://us06web.zoom.us/j/85765696862
A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City’s Website at www.cityofslt.us, or by contacting the City Clerk's Office, (530) 542-6005 or [email protected] Providing Public Comment:
In Person: Every agenda for regular meetings provides an opportunity for members of the public to directly address the legislative body (City Council), on any item of public interest which is within the jurisdiction of the City Council during Public Communications. For items on the agenda or in connection with any item which the City Council will consider, the public is given the opportunity to comment before or during the City Council's consideration of the item [Government Code Section 54954.3(a)].
Remote Participation: If you are joining the meeting via ZOOM and would like to make a comment, press the "raise a hand" button. If you are joining the meeting via Channel 21 or live stream and would like to make a comment, please call (530) 542-6500. The meeting ID is: 857 6569 6862 press *9 to indicate a desire to make a comment. Press *6 to unmute your phone. The Clerk will call you by the last three digits of your phone number when it is your turn to speak. Note: The Mayor reserves the right to conduct the meeting with inperson public participation only, if there is a technology malfunction that precludes the use of remote public participation.
In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City Council prior to the meeting. Written public comment regarding any item on this agenda may be sent to [email protected]. When emailing comments, identify the agenda item number in the subject line to which your comments relate. Any such comment that is a public record and is emailed to 1 1. Proclamation Recognizing April 2024 as "Sexual Assault Awareness Month" [email protected] or otherwise provided to a majority of the City Council before the meeting will be made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.
The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting. Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].
Spanish Interpretations: The public may access Spanish interpretation using the ZOOM link listed on the front of the Agenda from an internet device (smartphone, laptop, tablet, home computer) with audio capabilities and selecting the Spanish language option. Persons without an internet device may attend the meeting in-person and a device will be provided while supplies last. Requests for interpreter services to offer public comment may be made by contacting the City Clerk.
Land Acknowledgement
Land Acknowledgement - The City of South Lake Tahoe acknowledges the lands we occupy today are the lands and home of the Wašíšiw, the people from here known today as the Washoe Tribe of Nevada and California, a sovereign nation. Since the beginning of time and for thousands of years before the arrival of any other people, the Washoe lived here and cared for this place, with values and intention that we can all learn from. On behalf of the City Council, I would like to acknowledge, thank, and honor the Indigenous Washoe Tribal Communities that are the past, present, and future stewards of the Lake Tahoe Basin.
Call to Order/Pledge of Allegiance
Roll Call
Closed Session Report
Proclamation
Requested Action / Suggested Motions: Issue a Proclamation to Live Violence Free recognizing April 2024 as "Sexual Assault Awareness Month".
Item 1- Executive Summary.pdf
Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or questions posed. (Government Code Sections 54954.2)
City Commission Reports
Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda.
Comments shall be limited to three (3) minutes.
The consent agenda consists of items of a repeating or routine nature considered under a single action.
Any Councilmember may have an item on the consent agenda removed and considered separately upon request.
2 2. City Council Meeting Minutes
3. Ratification of Contract Amendment No. 6 with Jviation for Engineering Services and Construction Management for Pavement Maintenance
4. Purchase Order with Lehr for Electronics, Equipment, and Installation in Three Police Vehicles
5. Transfer of Surplus Police Radios to El Dorado County Sheriff's Office
6. 2024 Memorandum of Understanding with Lake Tahoe Unified School District to Fund the Park Ranger Coordinator Program
Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item.
Requested Action / Suggested Motions: Pass a Motion approving the March 26, 2024, Regular City Council meeting minutes.
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 2- Executive Summary.pdf
03 26 2024 Meeting Minutes.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute Ratification of Amendment No. 6 to Professional Services Agreement with Jviation in an amount not to exceed $192,115.40 for design and construction management work on the Pavement Maintenance Rehabilitation Project.
CEQA Determination: The project is exempt from review under CEQA Guidelines section 15301(d) (Existing Facilities – restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety).
Responsible Staff Member(s): John Dickinson, Airport Manager Item 3- Executive Summary.pdf
01-Staff Report- Amendment No. 6 to Jviation Agreement
02-Resolution-Jviation Amendment 6
03-Amendment 6 to Jviation Agreement (Exh. A to Reso).pdf 04-C-103-2022 Jviation
Requested Action / Suggested Motions: Pass a motion authorizing the Chief of Police or their designee to issue a Purchase Order for the purchase of police vehicle electronics, equipment, and installation from Lehr using existing budget appropriations up to $106,339.47 Responsible Staff Member(s): Jeff Roberson, Lieutenant
Item 4- Executive Summary.pdf
01-Staff Report - Police Vehicle Electronics and Equipment Package Purchase.docx 02-Sales Quote - Lehr 2024 Tahoe Single Patrol Unit.pdf 03-Lehr-Placer County Cooperative Purchasing Agreement
Requested Action / Suggested Motions: Pass a Resolution authorizing the Police Department to transfer surplus mobile radios to the El Dorado County Sheriff's Officer for the purpose of communication compatibility and interoperability with the new Police Department primary channel.
Responsible Staff Member(s): Jeff Roberson, Lieutenant
Item 5- Executive Summary.pdf
01-Staff Report - Surplus Police Radio Donation.docx
2-Resolution 2024 PD Surplus Radios to EDSO.docx
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute a 2024 Memorandum of Understanding (MOU) with the Lake Tahoe Unified School District and accepting $21,000 of additional grant funds to support funding a Park Ranger Coordinator position for the period of January 1, 2024, through May 30, 2024, from the remaining funds from the 2022 MOU.
Responsible Staff Member(s): John Stark, Director of Parks & Recreation Item 6- Executive Summary.pdf
01-Staff Report - LTUSD MOU for Park Ranger Coordinator.docx 3 7. Public Works Department Annual Report 2023
8. Ordinance - Prezoning and Amendment of City Code Chapter 6.55, Article II (Plan Area Maps and Statements) for Cleanup Annexation Scenario (Second Reading)
9. Ratification of Amendment No. 1 to the Agreement with BPR Consulting for Building Permit Reviews for the Multi-Generational and Aquatic Center Project
10. Drainage Easement Acquisition at 3740 Blackwood Road for the Upper Bijou Park Creek Watershed Restoration Project
02-Resolution - MOU with LTUSD.docx
03-MOU with LTUSD (Exh. A to Reso).docx
04-C-138-2022 LTUSD MOU.pdf
Requested Action / Suggested Motions: Receive and File.
Responsible Staff Member(s): Anush Nejad, Director of Public Works Item 7- Executive Summary.pdf
01-Staff Report - Annual Report 2023.docx
02- Annual Report 2023.pdf
Requested Action / Suggested Motions: Pass an Ordinance approving the prezoning of 90 parcels located within the City Sphere of Influence in El Dorado County for subsequent annexation of such properties and amending South Lake Tahoe City Code Title 6, Chapter 6.55, Article II (Plan Area Maps and Statements)
CEQA Determination: This action is categorically exempt under CEQA Guidelines section 15319 (Annexation of Existing Facilities and Lots for Exempt Facilities).
Responsible Staff Member(s): John Hitchcock, Planning Manager Item 8- Executive Summary.pdf
01 - Staff Report - Clean Up Area Annexation.docx
02 - Annexation Map Cleanup Area
03 - Ownership by Property Owner Map
04 - TRPA PAS Land Use Zoning Designations
05 - Pre-Zone Land Use Designations
06 - Chapter 6.55 Ordinance Redlined
07 - Ordinance Annexation of 90 Parcels Second Reading
08 - City Council Resolution 2024-040 General Plan Amendment 09-City Council Resolution 2024-041 Annexation Initiation.pdf 10 - Proof of Mailing
11 - Tribune Public Notice.pdf
12 - Planning Commission Resolution 2023-016
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Ratification of Amendment No. 1 to Agreement with BPR Consulting Group extending the term until June 30, 2026, and adding $60,000 for a total amount not to exceed $102,800 to complete the plan check and deferred submittal process.
CEQA Determination: On January 18, 2022, City Council adopted an Initial Study/Mitigated Negative Declaration (IS/MND) for the 56 Acre Master Plan and the Multigenerational Recreation and Aquatics Center (State Clearinghouse file #2021120206). This action is included within the scope of the IS/MND and no further environmental review is required under CEQA Guidelines section 15162.
Responsible Staff Member(s): Ricky Riddle, Construction & Facilities Program Manager and Jeremy Harrison, Building Official
Item 9- Executive Summary.pdf
01-Staff Report - Amendment No. 1 to BPR Agreement.docx 02-Ratification of Amendment No. 1 to Agreement with BPR.pdf 03-C-045-2022 BPR Consulting.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to 4 11. Authorization to Accept and Appropriate the $800,000 California Tahoe Conservancy Planning Grant for the Dennis Machida Memorial Greenway Trail Phase 1C
12. Quarterly Update on the Affordable Housing Waitlist
13. Agreement with Eide Bailly, LLP for Independent Audit Services for Fiscal Years 2023-2024 through 2025-2026 with Two Optional One-Year Extensions
14. Application from HVR Acquisitions LLC for Tourist Core Area Plan/Specific Plan Amendments to Rezone a Portion of Assessor's Parcel Number. 029-441-024 From Recreation to Tourist Center execute the Purchase Agreement with Heavenly Estates MHC LLC for a Drainage Easement Acquisition at 3740 Blackwood Road for a total amount of $117,780, for the Upper Bijou Park Creek Watershed Restoration Project
CEQA Determination: The Planning Commission adopted the Initial Study/Mitigated Negative Declaration for the Project on November 19, 2020, and this action does not require additional review under CEQA Guidelines section 15162.
Responsible Staff Member(s): Jason Burke, Complete Streets Program Manager and Brianna Greenlaw, Associate Civil Engineer
Item 10- Executive Summary.pdf
01-Staff Report-BUPC Acquisition.docx
02-Resolution-Purchase Agreement.docx
03-Purchase Agreement Heavenly Estates (Attachment to Reso).pdf 04-Grant Easement.pdf
05-Res 2022-066 Lake Tahoe Restoration Act Funding.pdf
Requested Action / Suggested Motions: Pass a Resolution accepting and appropriating a California Tahoe Conservancy Planning Grant in an amount of $800,000 for the Dennis Machida Memorial Greenway Trail Phase 1C, and authorizing the Director of Pubic Works to execute and submit all documents for the completion of the project.
CEQA Determination: Acceptance of this grant is statutorily exempt from review under CEQA Guidelines section 15262 (planning and feasibility studies).
Responsible Staff Member(s): Jason Burke, Complete Streets Program Manager and Stephen Anderjack, Associate Civil Engineer
Item 11- Executive Summary.pdf
01-Staff Report-CTC Grant Acceptance.docx
02-Resolution - CTC Grant Acceptance.docx
03-CTA23018L Agreement.pdf
04-CTC Resolution 23-12-06.pdf
Requested Action / Suggested Motions: Receive and file.
Responsible Staff Member(s): Lydia Zuniga, Associate Management Analyst Item 12- Executive Summary.pdf
01-Staff Report - Quarterly Update.docx
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute the agreement with Eide Bailly for Independent Audit Services for Fiscal Years 2023-2024 through 2025-2026 with two optional one-year extensions, with the not-to-exceed amounts for the first three years, including one Single Audit Program, of $110,000, $114,950, and $120,122 respectively.
Responsible Staff Member(s): Olga Tikhomirova, Director of Finance Item 13- Executive Summary.pdf
01-Staff Report Audit Services 2024-2026.docx
02 - Eide Bailly Proposal.pdf
03 - PSA Eide Bailly.pdf
04 - CSLT 2024 Engagement Letter.pdf
Public Hearing
5 Mixed-Use
15. Update on Parking Restrictions in Heavenly Valley Neighborhoods, Heavenly Parking Agreement, and Heavenly Area Annexation
16. Chateau at the Village Project Update and Appropriation of Funds for Economic Development and Real Estate Consultant Services
17. Local Minimum Wage
Requested Action / Suggested Motions: City Council is asked to either: 1) Pass a Resolution adopting the proposed Tourist Core Area Plan/Specific Plan Amendments and adopting the Initial Study/Mitigated Negative Declaration; or 2) Pass a Resolution denying the proposed Tourist Core Area Plan/Specific Plan Amendments.
CEQA Determination: On March 21, 2024, the Planning Commission adopted an Initial Study/Mitigated Negative Declaration for the project, which City Council is also being asked to adopt.
Responsible Staff Member(s): John Hitchcock, Planning Manager Item 14- Executive Summary.pdf
01-Staff Report - Tourist Core Area Plan.docx
02-Plan Area Statement 089B AND 091.pdf
03-Proposed Text Changes.pdf
04-Proposed Zoning.pdf
05-TCAP HVR Amendment NOA and NOI.pdf
06-Proof_of_Mailing.pdf
07-Draft Resolution Adopting IS/MND and Approving TCAP Amendment.docx 08-TCAP Amendment (Exh. 1 to Reso Approving).pdf
09-FINAL IS/MND.pdf
10-DRAFT IS/MND.pdf
11-Draft Resolution Denying TCAP Amendment.docx
12-PC Resolution 2024-005 ISMND Adoption.pdf
13-PC Resolution 2024-006 TCAP Recommend Adoption.pdf
14-CC Public Notice Tribune Proof.pdf
Regular-Unfinished Business
Requested Action / Suggested Motions: 1) Receive updates; and 2) Pass a Resolution replacing Resolution 2023-104 to amend the seasonal or permanent no parking restrictions on certain streets in the Heavenly Valley Neighborhood.
CEQA Determination: The changes to on-street parking regulations are exempt from review under CEQA Guidelines section 15301 (Existing Facilities).
Responsible Staff Member(s): Hilary Roverud, Assistant City Manager Item 15- Executive Summary.pdf
01-Staff Report
02-Resolution 2023-104 Revisions to Heavenly Valley Neighborhood Traffic and Parking Plan 03-C-245-2023 Amendment 1 to Heavenly Parking Agreement 04-Resolution - Parking Program Revisions
05-Revised Parking Map (Exh. A to Reso)
Requested Action / Suggested Motions: Pass a Resolution appropriating $100,000 from available General Fund Undesignated Excess Reserves for the purpose of funding economic development and real estate consulting services.
Responsible Staff Member(s): Hilary Roverud, Assistant City Manager Item 16- Executive Summary.pdf
01-Staff Report.docx
02 - Resolution Appropriating Budget.docx
Regular-New Business
6 18. Motel 6 and Sunray Motel Update
19. Agenda Planning Calendar
Requested Action / Suggested Motions: Pass a Motion directing the City Manager to either: 1) initiate a public process to explore a potential local minimum wage ordinance; or 2) take no action related to establishing a local minimum wage.
Responsible Staff Member(s): Hilary Roverud, Assistant City Manager Item 17- Executive Summary.pdf
01-Staff Report
Requested Action / Suggested Motions: Receive and File.
Responsible Staff Member(s): Zach Thomas, Director of Development Services Item 18- Executive Summary.pdf
01 - Staff Report - Motel 6 and Sunray Motel.docx
02 - 2659 Lake Tahoe Blvd Non Compliance Letter Jan 2024.pdf Agenda Planning Calendar
Requested Action / Suggested Motions: A Councilmember may request that an item be placed on a future agenda. Upon the support of one (1) additional Council Member, direction shall begiven 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(s): Joe Irvin, City Manager and Susan Blankenship, City Clerk Item 19- Executive Summary.pdf
APC - 04 18 2024.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions
Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday April 23, 2024 City Council meeting was posted and available for review on Thursday, April 18 at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City's website at https://www.cityofslt.us.
Signed April 18, 2024 \\sb\\ Susan Blankenship, Elected City Clerk 7 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:1
Agenda Item: Proclamation Recognizing April 2024 as "Sexual Assault Awareness Month" Requested Action / Suggested Motions: Issue a Proclamation to Live Violence Free recognizing April 2024 as "Sexual Assault Awareness Month".
8 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:2
Agenda Item: City Council Meeting Minutes
Requested Action / Suggested Motions: Pass a Motion approving the March 26, 2024, Regular City Council meeting minutes.
Responsible Staff Member: Susan Blankenship, City Clerk Attachments:
03 26 2024 Meeting Minutes.pdf
9 03 26 2024 CC Minutes
City of South Lake Tahoe
City Council
Meeting Minutes
Tuesday, March 26, 2024 at 5:30 pm
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council member discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us
Land Acknowledgement
Mayor Bass read the Washoe Tribe of Nevada and California Land Acknowledgement.
Call to Order/ Pledge of Allegiance
At 5:32 p.m. Mayor Bass called the meeting to order. Mayor Bass then led the pledge of allegiance to the flag.
Roll Call
Present were Mayor Bass, Mayor Pro Tem Friedrich, and Councilmembers Creegan, Wallace, and Robbins.
Also present were City Manager Irvin, City Attorney Stroud, and City Clerk Blankenship.
Closed Session Report- March 26, 2024 4:45 pm
1. Conference with Real Property Negotiators. Gov. Code section 54956.8.
Property: Acquisition of temporary construction easements over portions of 1175 Wildwood Ave #A, 3601, 3609, 3721, 3725, and 3739 Pioneer Trail; and acquisition of a permanent easement over a portion of 1101 Keller Rd.
Agency negotiator: Anush Nejad, Director of Public Works.
Negotiating parties: Jeff Langham and Danny Langham; Eleni Stratigopoulos, Trustee of the Eleni Stratigopoulos 1996 Inter Vivos Trust; Katherine P. Leles, Trustee of the Nicholas J. Leles and Katherine P. Leles 1996 Inter Vivos Trust; Nicholas M Vriheas and Vicky S. Vriheas, Trustees of the Nicholas M. Vriheas and Vicky S. Vriheas 2009 Revocable Living Trust; Miram Castrillo; Joe Masuen and Diana Masuen; Jon Christian Lysons and Christopher Neil Lysons; Alecia Rutledge; and Timm Wulff.
Under negotiation: Purchase price and terms of payment.
Action: No reportable action.
Public Communications
Public Comment was heard from the following people:
1. Duane Wallace, South Tahoe Chamber of Commerce- Public Dock Ordinance 2021-1154
2. Tom Millham- Thank you to Chiefs Drennan and Stevenson for attending Kiwanis Club Fentanyl Public Forum
3. Brian Steele, Tahoe by Design- Public Dock Ordinance 2021-1154
4. Ryn Muat, LTVA- Support and promotion of single-use plastic water bottle ban 10 03 26 2024 CC Minutes
5. Nigel Wheeler- Public Dock Ordinance 2021-1154
6. John Ogle- Public Dock Ordinance 2021-1154
7. Ed Mosur- Washoe Tribe inclusion in TRPA Compact organization, demolition of Motel 6 (oppose)
8. Amelia Richmond- Residential Vacancy Tax (support)
9. John Messina- Residential Vacancy Tax (oppose)
10. Alex Imhoff- Residential Vacancy Tax (oppose)
11. Lou Perini- Affordable housing in Douglas County
12. Stacey Ballard- Councilmembers and City Manager “Disability Experience” participation, Residential Vacancy Tax (support)
13. Nancy Young- Residential Vacancy Tax (oppose)
14. Angie Reagan, Access Tahoe- Councilmembers and City Manager “Disability Experience” participation, Residential Vacancy Tax (support)
Written Public Comment was received from the following person:
1. David Jinkens- Demolition of Motel 6 (oppose)
City Commission and Student Advisory Reports
Peter Fink, Parks and Recreation Commission- Provided verbal report.
Consent Agenda
Note: Item 2 was pulled from consent by Councilmember Robbins.
Action: Moved/Seconded: Wallace/ Robbins
Yes: Bass, Friedrich, Creegan, Wallace, Robbins
Action: Passed consent agenda, excluding Item 2
1. City Council Meeting Minutes
Action: Passed Motion 2024-036 approving the March 12, 2024 City Council meeting minutes.
2. 2023-2024 Master Fee Schedule
Action: Moved/Seconded: Robbins/Friedrich
Yes: Bass, Friedrich, Creegan, Wallace, Robbins
Action: Passed Resolution 2024-033 adopting the Annual Master Schedule of Fees and Charges for City Services, with the following amendment: As it pertains to “Advanced Basic Life Support Fee” also known as a First Responder Fee, the Fire Chief’s office has discretionary authorization to waive fees under the following criteria: 1) Patients relying on government sponsored insurance plans such as Medicare, Medicaid and Medi-Cal. 2) Patients demonstrating a financial burden such as those on fixed income; 3) Patients who petition for a fee waiver for other exigent circumstances may request a waiver with final decision by the Fire Chief. Understanding that the fees in place are for cost recovery purposes and that these services are “not for profit”. City Council provided direction to staff to bring back a discussion on lowering fees for Recreaton Center usage.
Public Comment was heard from the following person:
1. Tamoogan Incbayer
Written Public Comment was received from the following person:
1. Seth Dallob
3. Accessory Dwelling Unit Ordinance Amendment (Second Reading) Action: Passed ORD 2024-1183 amending South Lake Tahoe City Code Section 6.85.050, Accessory Dwelling Units.
Public Comment was heard from the following person:
1. Josh
11 03 26 2024 CC Minutes
4. Ordinance Amending City Code Chapters 4.60 and 4.65 Regarding Public Nuisances Consisting of Abandoned Structures (Second Reading)
Action: Passed ORD 2024-1182 amending South Lake Tahoe City Code Title 4, Chapters 4.60 (Nuisances consisting of abandoned or substantially damaged non dwelling structures) and 4.65 (Nuisances consisting of abandoned or substantially damaged dwelling structures) to include structures that are in a partial state of construction in the definition of abandoned building and to create consistency in remedying nuisances associated with non dwelling and dwelling structures.
5. Ordinance Amending Chapter 4.185 of the South Lake Tahoe City Code (Shared Mobility Devices) to Modify Parking Restrictions (Second Reading) Action: Passed ORD 2024-1184 amending Chapter 4.185 to the South Lake Tahoe City Code regarding regulation of shared mobility devices.
Public Comment was heard from the following person:
1. Ed Mosur
6. Amendment No. 2 to Agreement with On Course Events for Live at Lakeview Summer Concert Series Increasing City Contribution to $20,000 for 2024 Action: Passed Resolution 2024-034 authorizing and directing the Mayor to execute Amendment No. 2 to Agreement with On Course Events (C-049-2024), appropriating additional $10,000 from General Fund Undesignated Excess Reserves, and increasing funding to $20,000 per year for 2024 to produce Live at Lakeview Summer Concert Series
Written Public Comment was received from the following person:
1. Heidi Hill-Drum, Tahoe Prosperity Center.
7. Lakeview Commons Recreation Concessionaire Agreement with Tahoe City Kayak & Paddleboards
Action: Passed Motion 2024-037 authorizing and directing the Mayor to execute an agreement with Tahoe City Kayak & Paddleboards (C-050-2024) to operate the Lakeview Commons recreation concession for a three-year term beginning May 1, 2024, with the option to extend the agreement for three one-year terms.
Public Comment was heard from the following person:
1. Duane Wallace
8. Reimbursement Agreement with El Dorado County for Purchase of two Teal 2 Unmanned Aircraft Vehicles (UAV) Using 2019 and 2021 Homeland Security Grant Funds Action: Passed Resolution 2024-035 authorizing and directing the Mayor to execute a funding reimbursement agreement (C-051-2024, C-060-2024) with El Dorado County in the amount of $31,247.46 for the purchase of Qty 2 Teal 2 Unmanned Aircraft Vehicles (UAV) at the estimated cost of $31,132.63, appropriating funding in the FY 2023-2024 budget, authorizing purchase of the equipment from Teal Drones, LLC, and authorizing the City Manager to sign and submit all necessary documents for the completion of the grant scope.
9. Law Enforcement Specialized Unit Grant – Domestic Violence Programs Action: Passed Resolution 2024-036 ratifying grant application, authorizing and directing the Mayor to execute the grant agreement (C-052-2024), and authorizing receipt of grant funds from the California Office of Emergency Services (CalOES) in support of the South Lake Tahoe Police Department and Live Violence Free through the Law Enforcement Specialized Unit Grant sub-award LE23 07 7994 for calendar year 2024 in an amount up to $203,142.
12 03 26 2024 CC Minutes
10. Contract with Cadence Team, Inc. to Purchase Police Department Server Upgrade, Disaster Recovery Site, and Video Storage Solution
Action: Passed Resolution 2024-037 authorizing and directing the City Manager to execute a purchase contract with Cadence Team, Inc. through CMAS cooperative purchasing agreement for the purchase of hardware and software for the Police Department to upgrade existing server infrastructure, establish disaster recovery Site, and enhance video storage solution of for a total amount not to exceed $230,940.24, and appropriating $230,941 from Proposition 172 Police Safety Sales Tax available fund balance
11. Purchase Order with Holt of California for Grader Repair Action: Passed Motion 2024-038 authorizing and directing the City Manager to execute a sole source Purchase Order (C-054-2024) with Holt of California for snow grader repair for an amount of $78,307.93.
12. Reapproval of City Salary Tables
Action: Passed Resolution 2024-038 reapproving City Salary Tables.
13. Revisions to Compensation and Benefits Package for Unrepresented Employees to Replace Cash Distributions to Certain Employees with Cost of Living Increases, and to Update Paid Time Off, Public Safety Uniform pay, and Strike Team Response Policies Action: Passed Resolution 2024-039 approving revisions to the compensation and benefits package for unrepresented employees, including the elected City Clerk.
Public Comment was heard from the following person:
1. John Messina
Regular-New Business
14. Pre-Zoning, General Plan Amendment, and Initiation of Proceedings for Cleanup Annexation Scenario
Action: Moved/Seconded: Wallace/Robbins
Yes: Bass, Friedrich, Creegan, Wallace, Robbins
Action: : 1) Passed Motion 2024-039 to hold first reading (by title only) of an Ordinance pre-zoning 90 parcels located within the City Sphere of Influence in El Dorado County for subsequent annexation of such properties and amending South Lake Tahoe City Code Title 6, Chapter 6.55, Article II (Plan Area Maps and Statements), and refer second reading and adoption to April 23, 2024; 2) Passed Resolution 2024- 040 adopting an amendment to the General Plan LU-1, Land Use Diagram; and 3) Passed Resolution 2024-041 initiating proceedings for the annexation of such properties.
Public Comment was heard from the following people:
1. Lou Perini
2. Scott Monerick
3. Josh Atkins
4. Ed Mosur
5. Peter and Karen Fink
6. Mike Vollmer, Executive Director for Tahoe Resource Conservation District
7. Janice Atkins
8. Brandy Brown
9. Judi Allen
Written Public Comment was received from the following people:
1. Judi Allen (2)
2. Ouida Garms
3. Tahoe Resource Conservation District
4. Scott Robertson
13 03 26 2024 CC Minutes
5. Bryan Johansen
6. Karen Johansen
15. Purchase of Various Equipment for Snow Removal and Public Works/Parks Maintenance Action: Moved/Seconded: Wallace/Friedrich
Yes: Bass, Friedrich, Creegan, Wallace, Robbins
Action: Passed Motion 2024-040 authorizing the City Manager to purchase:
1) Two (2) John Deer Graders from Pape Machinery for $581,726.65 each (C-055-2024); 2) One (1) Boom Truck from Altec, Inc. for $179,014.34 (C-056-2024); 3) One Brine Master from C&H Outdoor, LLC (Sno-Biz) for $33,286.81(C-057-2024); 4) One (1) E32 Bobcat Excavator from Bobcat of Sacramento for $53,616.53 (C-058-2024); 5) One (1) Bobcat UW 56 Toolcat Utility Work Machine from Bobcat of Sacramento for $99,344.76 (C-059-2024) for Public Works and Parks Departments, all through Sourcewell Cooperative Agreements, per South Lake Tahoe City Code section 3.45.090 (Cooperative Purchasing).
16. Ratification of Prohousing Incentive Grant Application to California Department of Housing and Community Development for the Bear's Den Rehabilitation and the Affordable Housing Project at 3900 and 3908 Lake Tahoe Boulevard
Action: Moved/Seconded: Robbins/Creegan
Yes: Bass, Friedrich, Creegan, Wallace, Robbins
Action: Passed Resolution 2024-042 ratifying the grant application and authorizing the City Manager to accept funds from the California Department of Housing and Community Development for Prohousing Incentive Program up to $120,000 for the Bear's Den rehabilitation and up to $500,000 for the affordable housing project at 3900 and 3908 Lake Tahoe Boulevard, for a total amount not to exceed $620,000.
Agenda Planning Calendar
17. Agenda Planning Calendar
Action: Bass request for a Pride Month Resolution (Robbins seconded) Action: Robbins request for Charter Fishing and use of Public Dock Ordinance discussion (Wallace seconded)
Updates and Announcements (City Attorney, City Clerk, City Manager) City Clerk Blankenship
1. Proclamation request from Live Violence Free recognizing April as Sexual Assault Awareness Month (Council provided consensus)
City Manager Irvin
1. Community Survey
2. Single-use plastic water bottle ban effective April 22
3. New online revenue collection and payment system
Councilmember Reports and Comments
Councilmember Creegan
1. Attended LTUSD 2x2
2. Attended Clean Tahoe Board meeting
Councilmember Wallace
1. Attended Clean Tahoe Board meeting
2. California Tahoe Conservancy report on Motel 6 demolition 14 03 26 2024 CC Minutes
Councilmember Robbins
1. Attended State of the School District event
Mayor Pro Tem Friedrich
1. Attended LTUSD 2x2
2. Attended CivicWell Conference in Yosemite
Mayor Bass
1. Lobbied in Washington DC for an extension to the Lake Tahoe Restoration Act
2. Attended National League of Cities Conference
Adjournment
At 7:57 p.m. Mayor Bass adjourned the meeting.
_____________________ Date: _______________
Cody Bass, 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.
15 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:3
Agenda Item: Ratification of Contract Amendment No. 6 with Jviation for Engineering Services and Construction Management for Pavement Maintenance
Executive Summary: This ratification of a contract amendment is for Jviation (Woolpert) to continue to perform design and in the future perform construction management work on the Pavement Maintenance Rehab Project. The project is looking to be awarded by the FAA in the summer 2024 and possibly starting and completing work before October 2024. All funding will be awarded from the Airport Enterprise Fund and other funding sources not including General Funds.
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute Ratification of Amendment No. 6 to Professional Services Agreement with Jviation in an amount not to exceed $192,115.40 for design and construction management work on the Pavement Maintenance Rehabilitation Project.
Responsible Staff Member: John Dickinson, Airport Manager Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report- Amendment No. 6 to Jviation Agreement
02-Resolution-Jviation Amendment 6
03-Amendment 6 to Jviation Agreement (Exh. A to Reso).pdf 04-C-103-2022 Jviation
16 Council Agenda Report April 23, 2024
22020222021
City of South Lake Tahoe
Report to City Council
Meeting Date: April 23, 2024
Title: Ratification of Amendment No. 6 to Professional Services Agreement with Jviation (Woolpert) for the Pavement Maintenance Project and Appropriation of Funds
Location: Airport, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150 Responsible Staff Member: John Dickinson, Airport Manager (530) 542-6182 Background:
The existing pavements throughout the airport are inclusive of Runway 18/36, parallel taxiway and adjoining taxiway connectors, and general aviation aprons. Each of these airfield pavements were initially constructed in the 1950s. Runway 18/36 was last reconstructed in 2008. The parallel taxiway, Taxiway A, was initially constructed in 1958 and the last major rehabilitation (overlay) was completed in 1990. The general aviation apron was initially constructed in 1958 and 1974. The apron north of the terminal building was reconstructed in phases, from 2010 to 2021. The Pavement Condition Indices (PCIs) for Runway 18/36 is currently estimated at a 72 (satisfactory), the PCI for Taxiway A and adjoining taxiway connectors is estimated at a 54 (poor), and the PCI for the general aviation apron ranges from 54 to 85 (poor to satisfactory). The currently airfield pavements are showing distresses such as alligator cracking, longitudinal cracking, transverse cracking, and joint cracking. Since the Runway 18/36 rehabilitation is not scheduled for construction until 2028 and the reconstruction of Taxiway A and adjoining taxiway connectors is not scheduled for construction until 2030, a pavement maintenance project is recommended to extend the useful life of the airfield pavement sections.
This project will consist of the design, bidding, and construction of asphalt pavement maintenance activities on parallel Taxiway A, connector taxiways, and the general aviation apron. The proposed maintenance for these asphalt pavement areas includes, but is not limited to, the filling of cracks greater than ¼” in width with crack sealant, most of which are existing and need to be resealed, application of an asphalt-based surface treatment, and application of pavement markings. The proposed periodic maintenance will mitigate pavement cracking, provide a surface treatment resistant to UV rays, water and oxidation, and extend the existing airfield pavement useful life. The pavement maintenance project is being designed by Consultant Woolpert and will be constructed in accordance with current requirements, regulations, rules, policies, grant assurances, and Advisory Circulars (ACs). The project will also consist of the procurement of runway closure markers for this project and future projects.
On February 1, 2022, the City Council awarded a 5-Year Master Professional Service to a team led by Jviation for Airport Architectural, Engineering, Construction Management, & Airport DBE Compliance Support Services ending May August 15, 2027. The Master Professional Services contract award followed a competitive bidding process in accordance with the City of South Lake 17 Council Agenda Report April 23, 2024
22020222021
Tahoe and FAA procurement policies. Jviation began working on the design covered by the scope of work on January 22nd 2024 at the direction of the Airport Manager, so staff is requesting that City Council ratify Amendment 6 and make it effective as of that date.
Project Goals
The goal of the Pavement Maintenance Project is to mitigate pavement cracking, provide a surface treatment resistant to UV rays, water and oxidation, and extend the existing airfield pavement useful life. The existing pavement is currently in poor to satisfactory condition and not scheduled to be rehabilitated or reconstructed until 2028-2030.
Issue and Discussion: The Airport plans to issue an amendment to Jviation contract for new professional services for the design, bidding, and construction management of the Pavement Maintenance project. The Federal Aviation Administration under Title 49 § 47171, et seq. allows general aviation airports to appropriate 90% Federal share for Airport Improvement Program grants and requires the airport sponsor to contribute 10% match from a combination of state or local sources. The California Transportation Commission, pursuant to the Public Utilities Code section 21683.1, provides grants of 4.5% of Federal Aviation Administration grants to airports as matching funds, certifying local funding availability of 5.5% of total project costs.
Staff Recommendation:
Pass a Resolution approving and authorizing the Airport Manager to ratify the amendment to professional services agreement with Jviation for the design, bidding, and construction management of the Pavement Maintenance Project in the amount of $192,115.40 for the Design, Bidding, and Construction Management once complete. City Council approved for the Airport to apply for Federal Funding back in January, which the Airport is currently looking to bring back this award in June for approval. This funding will reimburse the Airport for 90% of Jviation’s work. Also, the Airport is looking to award the Contractor during June to perform the work needed. All funding sources will be within the Airports Enterprise Fund, FAA Funding, or State Funding. No General Funds will be used.
Financial Implications: Authorize Finance Director to appropriate budget to be reimbursed once the FAA and Caltrans grants are received in account# 50180050 as follows:
2024 AIP Grant: Lake Tahoe Airport Pavement Maintenance Not to exceed $192,115.40 which will be pulled from the airports cash balance into 50180050
90% FAA AIP Grant Participation will be brought forth for budget appropriation upon final contract award.
4.5% State funding will be brought forth with FAA funding acceptance.
Environmental Considerations: The project is exempt from review under CEQA Guidelines section 15301(d) (Existing Facilities – restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety).
Policy Implications: This pavement maintenance project will extend the useful life of the airfield pavements until the next rehabilitation and reconstruction project in 5-7 years. 18 Resolution 2024-XXX April 23, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
April 23, 2024
Ratifying Contract Amendment 6 for Engineering Services and Construction Management for Pavement Maintenance Project, and Appropriation of funds from Airport Fund Balance
BACKGROUND
A. The South Lake Tahoe Airport (Airport) desires to design, bid, and construct the Pavement Maintenance project on Taxiway A, Taxiway Connectors, and the General Aviation Apron.
B. The goal of the Pavement Maintenance project is to mitigate pavement cracking, provide a surface treatment resistant to UV rays, water and oxidation, and extend the existing airfield pavement useful life. The currently airfield pavements are showing distresses such as alligator cracking, longitudinal cracking, transverse cracking, and joint cracking. The proposed maintenance for these asphalt pavement areas includes, but is not limited to, the filling of cracks greater than ¼” in width with crack sealant, most of which are existing and need to be resealed, application of an asphalt-based surface treatment, and application of pavement markings. The existing pavement is currently in poor to satisfactory condition and not scheduled to be rehabilitated or reconstructed until 2028-2030.
C. The Airport wishes to contract with Jviation, A Woolpert Company for the development of all necessary documents for the design, bidding, and construction management of the Pavement Maintenance project to ensure compliance with all City of South Lake Tahoe requirements and Federal Aviation Administration grant assurances. Jviation started work under this Amendment 6 at the direction of the Airport Manager on January 22nd 2024, so staff requests that City Council ratify Amendment 6 retroactive to this date.
D. The Airport may recover part of this contract amount through the AIP and AIG funds (BIL allocation). The Taxiway A and General Aviation Apron schedules of this project will be 90.0% federally funded, while Taxiway A will need to be 10.0% locally funded and the General Aviation Apron will need to be 5.5% locally funded. The Taxiway Connectors and Runway Closure Marker Procurement schedules will need to be 100.0% locally funded.
E. The Airport will be reimbursed through the FAA grants for the work performed by Jviation. The City Council passed a motion back in January for the Airport to apply for Federal Funding, in which the Airport is looking to bring back the award of the grants in June, plus the award of the contractor to perform the work.
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 execute the Ratification of Amendment 6 to contract with Jviation, A Woolpert Company, for Services to Design, Bid, and provide Construction Management for the Pavement Maintenance project, attached hereto as Exhibit A. 19 Resolution 2024-XXX April 23, 2024 Page 2 of 2
2. Appropriates up to $192,115.40 from the cash fund at the airport to Account 501-80050- 48020 for design, bidding, and construction management, with a portion to be reimbursed from AIP and AIG funds.
Adopted by the City of South Lake Tahoe City Council on April 23, 2024 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date: ________________
Cody Bass, 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.
20 City of South Lake Tahoe
Amendment No. 6 to Airport Master Professional Services Agreement with Jviation (C-103-2022)
The Professional Services Agreement entered into on June 21, 2022, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and Jviation, A Woolpert Company (“Consultant”) is hereby amended as set forth below, effective January 22, 2024.
The Contract is hereby revised to add the following.
1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated June 21, 2022 and the First Amendment to the Professional Services Agreement dated October 18, 2022, the Second Amendment to the Professional Services Agreement dated December 27, 2022, the Third Amendment to the Professional Services Agreement March 14, 2023, the Fourth Amendment to the Professional Services Agreement March 31, 2023, the Fifth Amendment to the Professional Services Agreement November 08, 2023, and the Sixth Amendment adds the work described within Exhibit A, Scope of Services attached hereto and incorporated herein by reference.
2. Compensation. Compensation to be paid to the CONSULTANT, is $192,115.40 as described in Exhibit A, Scope of Services. In no case shall CONSULTANT compensation for work completed under this Amendment exceed the amended amount of $192,115.40, without written authorization from the CITY. Payment by the CITY under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the CITY at the time of payment.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 6 to Professional Services Agreement with Jviation to be executed on ________________.
CITY OF SOUTH LAKE TAHOE CONSULTANT
By: By:
Cody Bass, Mayor Jason Virzi
Business License # 011275
APPROVED AS TO FORM: ATTEST:
Heather Stroud, City Attorney Susan Blankenship, City Clerk Exhibit A: Scope of Services
21 Lake Tahoe Airport
AIP Project No. 3-06-0249-050-2023
Pavement Maintenance
December 5, 2023
SCOPE OF WORK
FOR
LAKE TAHOE AIRPORT
South Lake Tahoe, California
AIP Project No. 3-06-0249-050-2023
Pavement Maintenance
This is an Appendix attached to, made a part of and incorporated by reference with the Professional Services Agreement dated February 1, 2022, between City of South Lake Tahoe and Jviation, a Woolpert Company, for providing professional services. For the remainder of this scope the Lake Tahoe Airport is indicated as “Sponsor” and Jviation, a Woolpert Company is indicated as “Engineer.” The construction budget for this project is estimated at approximately $800,000 to $1,200,000. This construction budget does not include administrative, legal, or professional fees.
This project shall consist of preparing Construction Plans, Contract Documents, Technical Specifications, and Engineer’s Design Report, along with Bidding, Construction Administration, Post-Construction Coordination, and On-Site Construction Coordination, for the Pavement Maintenance Project. This scope of work is for the consulting services provided by the Engineer for the Sponsor. See Exhibit No. 1 below for the project location.
EXHIBIT NO. 1
DESCRIPTION
This project shall consist of asphalt pavement maintenance activities on Runway 18/36, parallel Taxiway A and connector taxiways, and the general aviation apron. The proposed maintenance for these asphalt pavement areas includes, but is not necessarily limited to, the routing and filling of cracks greater than ¼” inch in width with crack sealant, application of an asphalt-based surface treatment, and application of pavement markings. The proposed periodic maintenance will mitigate pavement cracking and provide a surface treatment resistant to UV rays, water and oxidation. The purpose of this project is to extend the existing airfield pavement useful life.
Runway 18/36 was initially constructed in the 1950s and last reconstructed in 2008. A 2017 Pavement Evaluation Study determined a PCI = 81 (very good), while the most recent 2023 pavement inspection determined a PCI = 72 (good). Previous pavement maintenance records are not available. The runway project area will be considered a non-federal schedule and will include crack seal maintenance along 131,000 square yards of asphalt pavement.
22 Lake Tahoe Airport
AIP Project No. 3-06-0249-050-2023
Pavement Maintenance
December 5, 2023
The parallel taxiway, Taxiway A, was initially constructed in 1958 and the last major rehabilitation (overlay) was completed in 1990. Previous pavement maintenance records are not available. A 2017 Pavement Evaluation Study determined a PCI = 55 (good), with 350’ of the north end PCI rating equal to 33 (poor).
The most recent 2023 pavement inspection determined a PCI = 54. The parallel taxiway and adjoining taxiway connectors will be considered a federal and non-federal schedule respectively and will include pavement maintenance along 85,000 square yards of asphalt pavement.
The aircraft-parking apron was initially constructed in phases between 1958 and 1974. The apron north of the terminal building was reconstructed in phases, from 2010 to 2021. Previous pavement maintenance records are not available. A 2017 Pavement Evaluation Study determined a PCI range of 90-95 (excellent) for the apron areas reconstructed from 2010 to 2014. PCI data is not available for the apron areas reconstructed after 2017 but are estimated to have PCI ratings of excellent to very good. The apron area will be broken into two different schedules, consisting of a federal schedule for the north and south apron and a non-federal schedule for the portion of the apron pavement maintenance project adjacent to hangars. The apron pavement maintenance area consists of a total of approximately 55,500 square yards of asphalt pavement.
The engineering fees for this project will be broken into two parts. Part A-Basic Services includes; 1) Preliminary Design Phase, 2) Design Phase, 3) Bidding Phase, and Reimbursable Costs During Design and Bidding and Part B-Special Services, which includes; 4) Construction Administration Phase, 5) PostConstruction Coordination Phase, and 6) On-Site Construction Coordination Phase or Field Engineering, and Reimbursable Costs During Construction. Parts A and B and the six phases are described in more detail below.
PART A - BASIC SERVICES consists of the Preliminary Design Phase, Design Phase, and Bidding Phase, all invoiced on a lump sum basis.
1.0 Preliminary Design Phase
1.01 Coordinate and Attend Meetings with the Sponsor and FAA. Meetings with the Sponsor and the FAA will take place to determine critical project dates, establish the proposed design schedule and AIP development schedule, review environmental component(s), and determine the feasibility of the proposed project. Various meetings during the design phase will also be conducted to review the progress of the design, discuss construction details and proposed time frame of construction and identify any special requirements for the project. It is anticipated that there will be up to three (3) meetings with the Sponsor and/or the FAA throughout the course of the design.
1.02 Prepare Project Scope of Work and Contract. This task includes establishing the scope of work through meetings outlined above. Fees will be negotiated with the Sponsor and may be subject to an independent fee estimate conducted by a third party hired by the Sponsor. This task also includes drafting the contract for the work to be completed by the Engineer for the Sponsor once negotiations are complete.
1.03 Prepare Preliminary Cost Estimating. This task includes creating a preliminary construction rough order of magnitude (ROM) cost estimate, a preliminary working days estimate, a preliminary overall project schedule, and a preliminary overall project budget. The preliminary construction ROM cost estimate will be based upon the most current information available at the time of preparation. Work to refine these estimates is included under Task 2.08.
23 Lake Tahoe Airport
AIP Project No. 3-06-0249-050-2023
Pavement Maintenance
December 5, 2023
1.04 Provide Project Coordination. The Engineer shall provide project management and coordination services to ensure the completion of the design. These duties include:
Time the Engineer spends planning, organizing, securing and scheduling resources, and providing instruction to staff to meet project objectives as defined in the approved scope of work.
The Engineer will analyze the budget semi-monthly to ensure budget and staffing needs are on track to meet design schedules within budget.
Additional items to be accomplished include compiling and sending additional information requested from the office to related parties, maintaining project files as necessary and other items necessary in day-to-day project coordination.
The Engineer will prepare and submit monthly invoicing.
The Engineer will complete the following tasks:
Provide the Sponsor with a monthly Project Status Report (PSR), in writing, reporting on Engineer’s progress and any problems that may arise while performing the work. The PSR must include an update of the project schedule, as described in this section, when schedule changes are expected.
Submit for acceptance and maintain, a design schedule detailing the scheduled performance of the work.
Create and maintain a Quality Control Checklist (QCC) for the project. The QCC shall include personnel, project milestone checking and peer review procedures at each phase of the project.
1.05 Review Existing Documents. The Engineer will gather and review existing available documentation that may be relevant to the project, including, but not limited to, record drawings (as-builts), design reports, final reports, and previous surveys. The Engineer may use relevant information from this review to coordinate the design for the project.
1.06 Prepare State Grant Application. This task consists of preparing the state grant application.
Preparation of the application includes the following:
Prepare state grant application on the CALTRANS Aeronautics website. Prepare Project Financial Information.
Prepare Project Sketch (11” x 17”).
The completed grant application will be saved on the CALTRANS Aeronautics website for the Sponsor to review. Once the Sponsor approves the grant application, the Sponsor will submit the grant application on the CALTRANS Aeronautics website.
1.07 Prepare Federal Grant Application. This task consists of preparing the federal grant application. The application will be submitted during the initial portion of the project. Preparation of the application includes the following:
Prepare Federal 424 form.
Prepare Federal Form 5100 – II thru IV.
Prepare project funding summary.
Prepare program narrative, discussing the purpose and need of the work and the method of accomplishment.
24 Lake Tahoe Airport
AIP Project No. 3-06-0249-050-2023
Pavement Maintenance
December 5, 2023
Project sketch (8.5” x 11”).
Include preliminary cost estimate.
Include the existing Exhibit “A” Property Map.
Include the Sponsor’s certifications.
Attach the current grant assurances.
Include DOT Title VI assurances.
Include certification for contract, grants and cooperative agreements. Include Title VI pre-award checklist.
Include current FAA advisory circulars required for use in AIP funded projects.
The Engineer shallsubmit the grant application to the Sponsor for approval and signatures. After obtaining the necessary signatures, the Sponsor or Engineer shall forward a copy of the signed application to the FAA for further processing.
1.08 Prepare Environmental Documentation. The FAA has determined that a simple written Categorical Exclusion (CATEX) applies to the project according to FAA orders 1050.1F and 5050.4B. The Engineer shall prepare a simple written CATEX for the project. An overall environmental exhibit, if applicable, will be created as part of this scope of work, approved by the FAA, and referenced throughout the project.
TASK 1 DELIVERABLES TO FAA TO SPONSOR
1.01 Meeting Agendas, AIP Development Schedule and Meeting Minutes from Pre-Design Meeting
✓ ✓
1.02 Scope of Work and Draft Contract for the Sponsor ✓
1.03 Preliminary Cost Estimate ✓
1.04 Design Schedule, PSR, and Monthly Invoicing ✓
1.06 State Grant Application ✓
1.07 Federal Grant Application ✓ ✓
1.08 Environmental Documentation ✓ ✓
TASK 1 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION
1.01 Pre-Design Meeting and Design
Progress Meetings
• South Lake Tahoe, CA
One (1) Project Engineer and one (1) Project Manager
Assume One (1) hour via teleconference (3 meetings)
2.0 Design Phase
2.01 Prepare Preliminary Contract Documents. This task includes preparing the Preliminary Contract Documents, including Contract Proposal, Bid Bond, Contractor Information Sheet, Subcontractor/Material Supplier List, Disadvantaged Business Utilization Commitment, DBE Participation Form, Certification of Non-Segregated Facilities, Equal Employment Opportunity Report Statement, Buy America Certification, Buy America Waiver Request, Buy America Conformance Listing, Certification Statement Regarding Undocumented Individuals, Bid Proposal, Contract, Payment Bond, Performance Bond, Notice of Award, Notice to Proceed, Notice of Contractor’s Settlement, General Provisions, FAA AC 150/5370-2 (Current Edition), Operational Safety on Airports During Construction, and Wage Rates. The wage rates will be updated at the time of advertisement to reflect the most current wage rates available. Preparation will include establishing the location for the bid opening, dates for advertisement and description of the work schedule. Also included in the Preliminary Contract Documents, and covered under separate tasks below, are the Construction Safety and Phasing Plan, Technical Specifications, Special Provisions, and the City of 25 Lake Tahoe Airport
AIP Project No. 3-06-0249-050-2023
Pavement Maintenance
December 5, 2023
Lake Tahoe Contract Documents. Preliminary Contract Documents will be prepared as early as possible during the design phase and submitted to the Sponsor for review.
2.02 Prepare Construction Safety and Phasing Plan (CSPP). This task includes meeting with the Sponsor to discuss the current operations of the airport to assist in determining how the proposed construction phasing of the project will affect these operations. From these meetings, a complete Construction Safety and Phasing Plan (CSPP) will be developed to ensure safety compliance when coordinating construction activities and airport operations. The CSPP will be developed in accordance with the requirements of FAA AC 150/5370-2 (Current Edition), Operational Safety on Airports During Construction. A construction phasing plan that meets the requirements of the AC and operational needs of the airport will be developed and included in the Contract Documents. This plan will also identify any nighttime work, continuous working times, or other unusual conditions that could affect the Contractor’s normal progress on the project. The draft CSPP will be submitted at 30% complete and at 90% complete for ADO review. Upon preliminary approval from the ADO, the CSPP will be submitted to FAA for OE/AAA coordination.
2.03 Prepare Preliminary Construction Plans. This task includes preparing the following list of construction plans for the project. Additional plans may be added during the design phase as needed:
Plan Name/Description Number of Sheets
Cover Sheet 1
Index of Drawings, Summary of Approximate Quantities and General Notes 3 Safety Plan 1
Construction Layout Plan 1
Construction Phasing Plan 5
Environmental Requirements and Details 1
Seal Coat and Crack Seal Plan 1
Pavement Marking Demolition Plan 1
Pavement Marking Plan 5
Pavement Marking Details 2
Total Sheet Count 21
2.04 Prepare Preliminary Technical Specifications. This task includes assembling the technical specifications necessary for the project. Standard FAA specifications will be utilized where possible, with the guidance from FAA AC 150/5370-10 (Current Edition), Standard Specifications for Construction of Airports. Additional specifications will be prepared to address work items for materials that are not covered by the standard FAA specifications. The standard specifications to be utilized shall include, but are not limited to, the following:
Item C-105 Mobilization
Item P-101 Preparation/Removal of Existing Pavements
Item P-605 Joint Sealants for Pavements
Item P-608 Emulsified Asphalt Seal Coat
Item P-620 Runway and Taxiway Marking
Runway Closure Markers
2.05 Prepare Preliminary Special Provisions. This task includes preparing the preliminary Special Provisions to address, or expound on, site conditions that require additional clarification. These include, but are not limited to: Haul Roads, Airport Security, Radio Communications, Work Schedule, Sequencing of the Work, Closure of Air Operations Areas, Accident Prevention, Insurance, Indemnification, Sales and 26 Lake Tahoe Airport
AIP Project No. 3-06-0249-050-2023
Pavement Maintenance
December 5, 2023
Use Taxes, Permits and Compliance with Laws, Executed Contracts, Subletting or Assigning of Contracts, Qualification of Disadvantaged Business Enterprises, and Liquidated Damages.
2.06 Compile/Submit FAA Form 7460. This task includes preparing and submitting the required FAA Form 7460-1, “Notice of Proposed Construction or Alteration,” via the FAA’s online Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) system on the Sponsor’s behalf. The Engineer will coordinate with the FAA Project Manager and/or Airspace Specialist to determine the locations of required airspace case studies to be submitted. Generally, such cases are required for any restrictive/critical points where construction operations or proposed alterations may affect navigable airspace. Typically, these locations include (but are not limited to): limits of construction, construction phasing limits, and haul routes for construction traffic. The Engineer will prepare an exhibit depicting the locations and other information pertinent to the cases’ impact on the airspace to include with the submission. The Engineer will submit FAA Form 7460-1 and the associated documentation to the FAA via the OE/AAA system for approval a minimum of 45 days prior to the start of construction.
2.07 Calculate Estimated Quantities. This task includes calculating all necessary quantities for the various work items. Quantities must be consistent with the specifications and acceptable quantity calculation practices.
2.08 Prepare Estimate of Probable Construction Cost. Using the final quantities calculated following the completion of the construction plans and specifications, the Engineer will prepare the construction cost estimate. The estimate will be based on information obtained from previous projects, contractors, material suppliers and other available databases.
2.09 Prepare Engineer’s Design Report. This task includes preparation of the Engineer’s Design Report in accordance with current FAA Western-Pacific Region Engineer’s Design Report guidelines. The Engineer’s Design Report will include a detailed summary of the project, photographs and descriptions of existing site conditions, estimate of project costs, and a schedule for the completion of the design, bidding, and construction. The Engineer’s Design Report will also contain any alternative design concepts that were investigated and evaluated.
2.10 Review Plans at 30% and 90% Complete. During various stages of completion of the design, the Engineer will submit a set of Construction Plans, Specifications, and Contract Documents to the Sponsor for their review. Meetings will be scheduled for periodic reviews, including a 90% plans-in-hand review.
The project will be reviewed with the FAA to obtain their concurrence with the design.
2.11 Provide In-House Quality Control. The Engineer has an established quality control program that will provide both experienced and thorough reviews of all project submittals and will also provide engineering guidance to the design team throughout design development from an experienced, senior-level Professional Engineer.
Prior to each review set of Construction Plans, Specifications, Contract Documents, and Engineer’s Design Report being submitted to the Sponsor and FAA, a thorough, in-house quality control review of the documents will be conducted. This process will include an independent review of the Construction Plans, Specifications, Contract Documents, and Engineer’s Design Report being submitted by a licensed Professional Engineer other than the Engineer who performed the design of the project. Comments will be offered by the Engineer that performed the review, and revisions to the Construction Plans, Specifications, Contract Documents, and Engineer’s Design Report will be made accordingly. 27 Lake Tahoe Airport
AIP Project No. 3-06-0249-050-2023
Pavement Maintenance
December 5, 2023
In addition to the 30% and 90% reviews, the Engineer’s in-house quality control program also provides engineering guidance to the design team throughout the project design in an attempt to steer the project in a manner that provides the best engineering judgment.
At the 90% design review, the independent review will re-evaluate the CATEX boundary.
2.12 Prepare and Submit Construction Plans, Specifications, Contract Documents, and Engineer’s Design Report. A final set of Construction Plans (11” x 17”), Specifications, Contract Documents, and the Engineer’s Design Report will be prepared and submitted to the Sponsor and the FAA. These documents will incorporate all revisions, modifications, and corrections identified during the final review. Electronic copies will be provided.
TASK 2 DELIVERABLES TO FAA TO SPONSOR
2.01 Preliminary Contract Documents for Sponsor’s Review ✓ ✓
2.02 CSPP at 30% and 90% Complete ✓ ✓
2.06 FAA Form 7460 ✓ ✓
2.10 30% and 90% Construction Plans, Specifications, Contract Documents, and Engineer’s Design Report
✓ ✓
2.12 Final Construction Plans, Specifications and Contract Documents, and Engineer’s Design Report
✓ ✓
TASK 2 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION
2.10 Plan Review at 30% Complete.
Plan Review at 90% Complete.
• South Lake Tahoe, CA
One (1) Project Engineer and one (1) Project Manager
Assume One (1) hour via teleconference (2 meetings)
3.0 Bidding Phase
3.01 Provide Bid Assistance. The Engineer will assist the Sponsor, as needed, with the preparation of any required bidding documents. Included as part of this task, the Engineer will prepare a legal advertisement for publication in two (2) newspapers (or other form of regularly published print media) as a solicitation for bids. Additionally, the Engineer will advertise the project Invitation for Bids on their website and directly notify potential contractors and plan rooms in order to maximize project exposure and generate interest in the project. The Engineer will coordinate payment for the project advertisement(s) and request reimbursement from the Sponsor as a pass-through cost during invoicing.
3.02 Prepare/Conduct Pre-Bid Meeting. The Engineer will conduct the pre-bid meeting and pre-bid site visit in sequence with the Sponsor and contract document requirements. As a part of this meeting, the Engineer will also discuss the environmental plan sheet, surveyed areas, and environmental commitments.
3.03 Prepare Addenda. Any necessary addenda will be issued to clarify and modify the project, as required, and based on questions or comments that may arise from potential contractors during the bidding process. Any necessary addenda will be reviewed with the Sponsor and FAA prior to being issued.
The addenda will meet all design and construction standards, as required.
3.04 Consult with Prospective Bidders. During the bidding process, the Engineer shall be available to clarify bidding issues with contractors and suppliers and for consultation with the various entities associated with the project.
28 Lake Tahoe Airport
AIP Project No. 3-06-0249-050-2023
Pavement Maintenance
December 5, 2023
3.05 Attend Bid Opening. The Engineer shall attend the bid opening for the project, which will be conducted by the Sponsor.
3.06 Review Bid Proposals. Upon the opening of submitted bid proposals by the Sponsor, the Engineer shall review all the bid proposals submitted. A cost analysis of the bid prices will be completed and tabulated; the contractor's qualifications to perform the work will be included, including review of suspension and debarment rules on the www.Sam.gov website, verification of proposed DBE subcontractors, Buy American compliance analysis/review, and project funding review. Inclusion of bid guarantee, acknowledgement of addenda, and in-state licensure verification shall be completed.
3.07 Prepare Recommendation of Award. The Engineer shall prepare a Recommendation of Award for the Sponsor to accept or reject the bids received with a summary of the items listed in Task 3.06. If rejection is recommended, the Engineer willsupply an explanation for their recommendation and possible alternative actions the Sponsor can pursue to complete the project.
TASK 3 DELIVERABLES TO FAA TO SPONSOR
3.01 Required Bidding Documents ✓ ✓
3.02 Pre-Bid Meeting Agenda and Pre-Bid Meeting Minutes ✓
3.03 Addenda ✓ ✓
3.06 Bid Tabulations ✓
3.07 Recommendation of Award ✓ ✓
TASK 3 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION
3.02 Prepare/Conduct Pre-Bid Meeting • South Lake Tahoe, CA One (1) Project Engineer and one (1) Project Manager
Assume One (1) hour via teleconference (1 meeting)
3.05 Attend Bid Opening • South Lake Tahoe, CA
One (1) Project Engineer and one (1) Project Manager
Assume One (1) hour via teleconference (1 meeting)
EX Reimbursable Costs During Design and Bidding. This section includes reimbursable items such as auto rental, mileage, lodging, per diem, and other miscellaneous expenses incurred in order to complete Part A – Basic Services.
PART B - SPECIAL SERVICES consists of the Construction Administration Phase, Post-Construction Coordination Phase (invoiced on a lump sum basis), and On-Site Construction Coordination Phase.
4.0 Construction Administration Phase
4.01 Prepare Construction Contract and Documents. In agreement with the FAA, the Engineer shall prepare the Notice of Award, Notice to Proceed, and Contract Agreements, including bonds and insurance documents, which will be updated to include all addenda items issued during bidding, for the Sponsor's approval and signatures. Approximately one copy will be submitted to the successful Contractor for their signatures.
The Engineer will ensure the construction contracts are in order, the bonds have been completed, and the Contractor has been provided with adequate copies of the Construction Plans, Specifications, and Contract Documents, which will be updated to include all addenda items issued during bidding. 29 Lake Tahoe Airport
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4.02 Provide Project Coordination. The Engineer shall provide project management and coordination services to ensure the completion of all construction management tasks required of the Engineer. These duties include:
Time the Engineer spends planning, organizing, securing and scheduling resources, and providing instruction to staff to meet project objectives as defined in the approved scope of work.
Additional items to be accomplished include compiling and sending additional information requested from the office to related parties, maintaining project files as necessary and other items necessary in day-to-day project coordination.
The Project Manager will review progress reports weekly and monthly. Assist with change orders and supplemental agreements as necessary. All change orders and supplemental agreements will be coordinated with the Sponsor and FAA staff prior to execution. All change orders and supplemental agreements will be prepared in accordance with the FAA Standard Operating Procedure (SOP) 7.0, Airport Improvement Program Construction Project Change Orders.
Senior construction management staff will consult with and provide guidance to the on-site Construction Manager regarding unique project elements; material quality, production, and/or placement issues; and any other difficulties encountered during construction. Clerical staff shall prepare the quantity sheets, testing sheets, construction report format, etc. Office engineering staff, CAD personnel and clerical staff shall be required to assist the Field Personnel as necessary during construction. Specific tasks to be accomplished include providing secondary engineering opinions on issues arising during construction, maintaining project files as necessary and various other tasks necessary in the day-to-day operations. The Engineer will prepare and submit monthly invoicing.
4.03 Prepare/Conduct Pre-Construction Meeting. The Engineer will conduct a pre-construction meeting to review FAA requirements as required per FAA AC 150/5370-12 (Current Edition), Quality Management for Federally Funded Airport Construction Projects, prior to the commencement of construction. It is anticipated that representatives of the Engineer will include the Project Manager, Construction Manager, and Project Engineer. As a part of this meeting, the Engineer will also discuss the environmental plan sheet, surveyed areas, and environmental commitments. The meeting will be held at the airport and will include the Sponsor, FAA (if possible), Contractor, subcontractors, and airport tenants affected by the project.
4.04 Review Contractor’s Safety Plan Compliance Document. This task includes reviewing and providing comments on the Contractor’s Safety Plan Compliance Document (SPCD) as required per FAA AC 150/5370-2 (Current Edition), Operational Safety on Airports During Construction. The Engineer shall review to ensure that all applicable construction safety items are addressed and meet the requirements of AC 150/5370-2 (Current Edition) and the Contract’s Construction Safety and Phasing Plan (CSPP). The intent of the SPCD is to detail how the Contractor will comply with the CSPP. Following award of the project to the successful Contractor and prior to the issuance of the Notice to Proceed, the Engineer will review the SPCD, provide comments and ultimately approval of the document. It is anticipated that the document will require at least one re-submittal by the Contractor to address any missing information. The SPCD will be submitted to the Engineer for approval at least 14 days prior to the issuance of the Notice to Proceed to the Contractor. An approved copy of the SPCD shall be provided to the FAA.
4.05 Perform Site Visits During Construction. The Project Manager shall make on-site visits, as required, throughout the duration of the project. At this time, it is estimated that the Project Manager will make up to one site visit to the project.
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TASK 4 DELIVERABLES TO FAA TO SPONSOR
4.01 Notice of Award, Notice to Proceed, and Contract Agreement ✓ ✓
4.01 Issue Construction Plans, Specifications, and Contract Documents
✓ ✓
4.02 Pay Request Review Documentation ✓
4.02 Weekly/Monthly Reports ✓ ✓
4.02 Change Orders/Supplemental Agreements ✓ ✓
4.03 Pre-Construction Agenda and Meeting Minutes ✓ ✓
TASK 4 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION
4.03 Conduct Pre-Construction
Meeting
• South Lake Tahoe, CA
One (1) Project Manager, One (1) Project Engineer, and
One (1) Construction Manager
Assume full day site visit (1 site visit)
Assume travel from St. George, UT to South Lake Tahoe,
CA with one (1) overnight stay for Project Manager for
the site visit
Assume travel from Ventura, CA to South Lake Tahoe,
CA with one (1) overnight stay for Project Engineer for the site visit
Assume travel from Denver, CO to South Lake Tahoe,
CA with one (1) overnight stay for Construction
Manager for the site visit
4.05 Perform Site Visits During
Construction
• South Lake Tahoe, CA
One (1) Project Manager and One (1) Project Engineer
Assume full day site visit (1 site visit)
Assume travel from St. George, UT to South Lake Tahoe,
CA with one (1) overnight stay for Project Manager for
each site visit
Assume travel from Ventura, CA to South Lake Tahoe,
CA with one (1) overnight stay for Project Engineer for each site visit
5.0 Post-Construction Coordination Phase
5.01 Prepare Clean-up Item List. The Engineer will ensure the Contractor has removed all construction equipment and construction debris from the airport, that all access points have been re-secured (fences repaired, gates closed and locked, keys returned, etc.), and the site is clean.
5.02 Conduct Final Inspection. The Engineer, along with the Sponsor and FAA (if available), shall conduct the final inspection.
5.03 Prepare Engineering Record Drawings. The Engineer will prepare the record drawings indicating modifications made during construction. The record drawings will be provided to the FAA electronically.
5.04 Prepare Final Construction Report. The Engineer will prepare the final construction report to meet the applicable FAA closeout checklist requirements.
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5.05 Prepare DBE Uniform Report. The Engineer will prepare the Uniform Report of DBE Awards or Commitments and Payments (DBE Uniform Report) for the Sponsor to submit to the FAA.
5.06 Summarize Project Costs. The Engineer will be required to obtain all administrative expenses, engineering fees and costs, testing costs, and construction costs associated with the project and assemble a total project summary. The summary will be analyzed with the associated project funding.
TASK 5 DELIVERABLES TO FAA TO SPONSOR
5.01 Clean-up List ✓ ✓
5.02 Punchlists ✓ ✓
5.03 Record Drawings ✓ ✓
5.04 Final Construction Report ✓ ✓
5.05 DBE Uniform Report ✓ ✓
5.06 Project Cost Summary ✓ ✓
TASK 5 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION
5.02 Conduct Final Inspection • South Lake Tahoe, CA
One (1) Project Manager
Assume full day site visit (1 site visit)
Assume travel from Ventura, CA to South Lake Tahoe,
CA with one (1) overnight stay for Project Manager for
the site visit
6.0 On-Site Construction Coordination Phase
This phase will consist of providing one full-time Construction Manager. It shall be the responsibility of the Construction Manager to facilitate sufficient on-site construction coordination to ensure that the project is completed according to good construction practice and the Project Manager’s direction. It is estimated that it will take 15 working daysto complete construction of the project. Incidental travel costs, including vehicle usage, mileage, lodging, per diem, etc., are in addition to the engineering hours expended.
6.01 Provide Resident Engineering. The Construction Manager will work approximately 12 hours per day.
It is assumed that the Construction Manager will be able to complete all daily project documentation in the course of their shift and that total on-site inspection time is anticipated to be 15 working days with two travel days.
The following tasks will be performed during the course of a typical day’s shift during construction:
a. Review construction submittals, including shop drawings and materials proposed for use on the project, submitted by the Contractor for conformance with the project’s Contract Documents.
Submittals will either be approved, conditionally approved, or rejected and returned to the Contractor for their records and/or to make changes or revisions. The Engineer will prepare and maintain a submittal register to log the submittals received. The submittal register will include information on the submitted items including date received, date returned, and action taken, and will be made available to the Sponsor and Contractor upon request. b. Review construction tasks for general compliance with the construction documents. c. Coordinate, review, and provide a response to construction and general project Requests for Information (RFIs).
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d. Prepare and process change orders.
e. Conduct employee interviews and review Contractor's and subcontractor’s weekly payroll records as required by the FAA. As part of this effort, all payrolls must be reviewed and logged when received. A log identifying current status of reviews, and any action taken to correct noted discrepancies, will be provided for Sponsor review at time of Request for Reimbursement processing, as appropriate.
f. Maintain record of the progress of construction and review the quantity records with the Contractor on a periodic basis.
g. Prepare the periodic cost estimates and review the quantities with the Contractor. The Engineer, Sponsor, and Contractor will resolve discrepancies or disagreements with the Contractor’s records. The periodic cost estimate will also include all other costs associated with the project (administrative costs, engineering, any miscellaneous costs). After compiling all costs, the Engineer will then submit the periodic cost estimate to the Sponsor for payment. h. Maintain daily logs of construction activities for the duration of time on site, including the Construction Project Daily Safety Inspection Checklist as required by the CSPP and SPCD. i. Verify that construction activities associated with restricted areas, roads, staging areas, etc. are all remaining within the areas cleared under environmental documentation. j. Prepare a weekly status report using the FAA's standard form. The report will be submitted to the Sponsor, the FAA, and the office following the week of actual construction activities performed. k. Review payments to subcontractors and ensure timely payment of retainage to subcontractors when payment to the Contractor is made as required by the DBE Program.
TASK 6 DELIVERABLES TO FAA TO SPONSOR
6.01a Coordinate Submittal Reviews ✓
6.01c Coordinate RFIs ✓ ✓
6.01d Change Orders ✓ ✓
6.01e Payroll Reviews ✓ ✓
6.01g Periodic Cost Estimates ✓ ✓
6.01j Weekly Reports ✓ ✓
EX Reimbursable Costs During Construction. This section includes reimbursable items such as auto rental, mileage, lodging, per diem, travel and other miscellaneous costs incurred in order to complete Part B – Special Services. Sections 4 and 5 Reimbursables are invoiced on a lump sum basis and Section 6 Reimbursables are invoiced on a cost plus fixed fee basis.
Assumptions
The scope of services described previously, and the associated fees, are based on the following rates and assumed responsibilities of the Engineer and Sponsor.
1. For the purposes of estimating the amount of reimbursable expenses which will be incurred by the Engineer, the cost of mileage is calculated in accordance with the current IRS rate and per diem and lodging are calculated in accordance with applicable, current GSA rates. The actual amounts to be invoiced for mileage and per diem will be in accordance with the applicable, published IRS and GSA rates at the time of service and may vary from the rates used in the fee estimate. Lodging will be invoiced as an actual expense incurred.
2. It is anticipated there will be a minimum number of trips and site visits to the airport to facilitate the completion of the various phases listed in this scope. The number of trips, as 33 Lake Tahoe Airport
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well as the anticipated lengths and details of the trips, are included at the end of each phase above.
3. The Sponsor will provide an electronic copy of the current ALP to allow for updating of the plan upon completion of the project.
4. The Sponsor will furnish escorts as needed for the Engineer to conduct field work.
5. The Sponsor will coordinate with tenants as required to facilitate field evaluations and construction.
6. While the project has both eligible and ineligible work, this scope and fee assumes that the project will be designed as one bid package with separate federal and non-federal bid schedules. Splitting the project into two bid packages will result in additional costs.
7. All engineering work will be performed using accepted engineering principles and practices and provide quality products that meet or exceed industry standards. Dimensional criteria will be in accordance with FAA AC 150/5300-13 (Current Edition), Airport Design, and related circulars. Construction specifications will be in accordance with FAA AC 150/5370-10 (Current Edition), Standard Specifications for Construction of Airports, and the Western-Pacific Region’s Regional Updates for Specifying Construction of Airports and related circulars.
Project planning, design, and construction will further conform to all applicable standards, including all applicable current FAA Advisory Circulars and Orders required for use in AIPfunded projects and other national, state, or local regulations and standards, as identified and relevant to an airfield design and construction project.
8. The Engineer will utilize the following plan standards for the project:
Plans will be prepared using the Engineer’s standards, unless the Sponsor provides its own standards upon Notice to Proceed.
Plan elevations will be vertical datum NAVD 88 derived from the existing control network.
Plan coordinates will be based on horizontal datum NAD 83/2011 State Plane Coordinates derived from the existing control network.
All plans will be stamped and signed by a state-licensed Professional Engineer, or Professional Land Surveyor, as required.
Plans prepared by subconsultants will be prepared using the same base maps, the same coordinate systems and the same plan layout and format as plans prepared by the Engineer.
The guidance included in FAA Memorandum, FAA Review of Construction Plans and Specifications for AIP Funded Projects, will be reviewed, incorporated and will supplement the Engineer’s standards.
9. The Engineer will utilize the following assumptions when preparing the project manual for bidding and construction of the project:
The project manual Contract Documents will be developed jointly by the Sponsor and the Engineer.
The Engineer is responsible for developing the contents of the document and including the Front-End documents which will be supplied by the Sponsor. FAA General Provisions and required contract language will be used. 34 Lake Tahoe Airport
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10. The Engineer must maintain records of design analyses and calculations consistent with typical industry standards, as required by the FAA, for a period of three years after the project is closed by the FAA.
11. Because the Engineer has no control over the cost of construction-related labor, materials, or equipment, the Engineer's opinions of probable construction costs will be made on the basis of experience and qualifications as a practitioner of his/her profession. The Engineer does not guarantee that proposals for construction, construction bids, or actual project construction costs will not vary from Engineer's estimates of construction cost.
Additional Services
The following items are not included under this agreement but will be considered as extra work:
Redesign for the Sponsor’s convenience or due to changed conditions after previous alternate direction and/or approval.
Submittals or deliverables in addition to those listed herein. If a project audit occurs, the Engineer is prepared to assist the Sponsor in gathering and preparing the required materials for the audit.
Serving as an expert witness for the Owner in any litigation, surety claim, contractor bond activation, or other proceeding involving the project.
Additional or extended services during construction made necessary by extension of contract time, non-concurrent work, or changes in the work.
Legal, surety, or insurance support, coordination, and representation.
Extra Work will be as directed by the Sponsor in writing for an additional fee as agreed upon by the Sponsor and the Engineer.
35 AIP/PROJ. NO.:
PROJECT NAME:
FEE BREAKDOWN LABOR HOUR BREAKDOWNLabor Category Total Cost Practice Ldr I Engineer Project Mgr IV Quality Control Manager Engineer in Training II Project Coordinator TL Project Coordinator II Billing Analyst Team Lead II Planner III Consultant I Phase Item Costs
1.0 Preliminary Design Phase (Lump Sum) 1.0 Preliminary Design Phase (Lump Sum) Kirk Matt Chris Amanda + Patrick Marisa Katrina Nancy Morgan Brad Practice Ldr I 20 hrs. x 305.00$ /hr = 6,100.00 $ 1.01 6 6 4 $ 3,890.00 Engineer Project Mgr IV 8 hrs. x 275.00$ /hr = 2,200.00 $ 1.02 2 2 8 2 $ 2,670.00Quality Control Manager 6 hrs. x 255.00$ /hr = 1,530.00 $ 1.03 4 2 8 $ 3,010.00Engineer in Training II 64 hrs. x 160.00$ /hr = 10,240.00 $ 1.04 4 8 2 20 4 2 $ 7,980.00Project Coordinator TL 10 hrs. x 135.00$ /hr = 1,350.00 $ 1.05 2 2 $ 930.00Project Coordinator II 6 hrs. x 135.00$ /hr = 810.00 $ 1.06 8 4 $ 1,820.00Billing Analyst Team Lead II 2 hrs. x 155.00$ /hr = 310.00 $ 1.07 2 8 6 $ 2,700.00Planner III 4 hrs. x 240.00$ /hr = 960.00 $ 1.08 4 4 $ 1,600.00Consultant I 4 hrs. x 275.00$ /hr = 1,100.00 $ SUBTOTAL 124 hrs. $ 24,600.00 $ - $ - Reimbursables $ - 0 Day x 85.00$ /Day= $ - $ - 0 Mi x 0.655$ /Mi= $ - $ - 0 Day x 170.00$ /Day= $ - $ - Per Diem 0 Day x 74.00$ /Day= $ - $ - Travel & Airline Costs 0 Trip x 500.00$ /Trip= $ - $ - $ - $ - $ - $ 24,600.00 TOTALS 20 8 6 64 10 6 2 4 4 $ 24,600.00 Labor Category Total Cost
Practice Ldr I Quality Control Manager Engineer in Training II Engineering Techn III Project Coordinator II Phase Item Costs
2.0 Design Phase (Lump Sum) 2.0 Design Phase (Lump Sum) Kirk Chris Amanda + Patrick Lynn Marisa 29 hrs. x 305.00$ /hr = 8,845.00 $ 2.01 2 28 12 $ 9,670.00 82 hrs. x 255.00$ /hr = 20,910.00 $ 2.02 2 2 12 $ 3,040.00 110 hrs. x 160.00$ /hr = 17,600.00 $ 2.03 $ - 59 hrs. x 145.00$ /hr = 8,555.00 $ 0.5 1 1 $ 457.50 8 hrs. x 135.00$ /hr = 1,080.00 $ 1 2 2 $ 915.00
0.5 2 2 $ 762.50
1 8 4 $ 2,165.001 8 4 $ 2,165.001 2 2 $ 915.001 2 8 $ 1,785.00
0.5 2 12 $ 2,212.50
1 4 12 $ 2,685.00
0.5 1 4 $ 892.50
2.04 8 4 $ 2,680.00
SUBTOTAL 288 hrs. $ 56,990.00 2.05 8 2 $ 2,360.00
2.06 4 8 $ 1,720.00
Reimbursables 2.07 1 8 $ 1,585.00
0 Day x 85.00$ /Day= $ - 2.08 2 2 8 $ 2,400.000 Mi x 0.655$ /Mi= $ - 2.09 2 12 $ 2,530.000 Day x 170.00$ /Day= $ - 2.10 8 8 8 4 $ 6,340.00 Per Diem 0 Day x 74.00$ /Day= $ - 2.11 2 24 $ 6,730.00Travel & Airline Costs 0 Trip x 500.00$ /Trip= $ - 2.12 2 2 8 4 $ 2,980.00 $ - $ - $ - $ 56,990.00 TOTALS 29 82 110 59 8 $ 56,990.00 SUBTOTAL DATE:
Engineer in Training IIEngineering Techn IIIAuto RentalMileageLodging + Tax & Fees
LABOR CATEGORYLABOR CATEGORY
PHASE SUBTOTAL
Project Coordinator IIQuality Control Manager
AIRPORT: Lake Tahoe Airport
Billing Rate
Practice Ldr I
Total Hours Billing Rate
SUBTOTAL
PHASE SUBTOTAL
SUBTOTAL
Coordinate and Attend Meetings with the Sponsor and FAA Prepare Project Scope of Work and ContractPrepare Preliminary Cost EstimatingProvide Project CoordinationReview Existing DocumentsPrepare State Grant ApplicationPrepare Federal Grant ApplicationPrepare Environmental DocumentationPrepare Preliminary Special ProvisionsCompile/Submit FAA Form 7460Calculate Estimated QuantitiesPrepare Estimate of Probable Construction CostPrepare Engineer's Design ReportReview Plans at 30% and 90% CompleteProvide In-House Quality ControlPrepare and Submit Const. Plans, Specs., Cont. Docs., and Design Report
TASKTASK
Environmental Requirements and DetailsSeal Coat and Crack Seal PlanPavement Marking Demolition PlanPavement Marking PlanPavement Marking DetailsPrepare Preliminary Technical SpecificationsPrepare Preliminary Contract DocumentsPrepare Construction Safety and Phasing Plan (CSPP)Prepare Preliminary Construction PlansCover Sheet Index of Drawings/Summary of Approximate Quantities & General NotesSafety PlanConstruction Layout PlanConstruction Phasing Plan Auto RentalMileageLodging + Tax & Fees
Pavement Maintenance3-06-0249-050-2023February 27, 2024 Total Hours
SUBTOTAL
36 Labor Category Total Cost
Practice Ldr I Quality Control Manager Engineer in Training II Project Coordinator II Phase Item Costs
3.0 Bidding Phase (Lump Sum) 3.0 Bidding Phase (Lump Sum) Kirk Chris Amanda + Patrick Marisa 8 hrs. x $ 305.00 /hr = $ 2,440.00 3.01 2 2 4 4 $ 2,300.00 2 hrs. x $ 255.00 /hr = $ 3.02 510.00 1 6 $ 1,265.00
35 hrs. x $ 160.00 /hr = $ 5,600.00 3.03 2 8 4 $ 2,430.0010 hrs. x $ 135.00 /hr = $ 1,350.00 3.04 8 $ 1,280.00
3.05 1 1 $ 465.003.06 1 4 1 $ 1,080.003.07 1 4 1 $ 1,080.00 SUBTOTAL 55 hrs. $ 9,900.00 $ - $ - Reimbursables $ - 0 Day x 85.00$ /Day= $ - $ - 0 Mi x 0.655$ /Mi= $ - $ - 0 Day x 170.00$ /Day= $ - $ - Per Diem 0 Day x 74.00$ /Day= $ - $ - Travel & Airline Costs 0 Trip x 500.00$ /Trip= $ - $ - $ - $ - $ - $ 9,900.00 TOTALS 8 2 35 10 $ 9,900.00 Labor Category Total Cost
Practice Ldr I Engineer Project Mgr IV Quality Control Manager Engineer in Training II Construction Manager II Project Coordinator II Billing Analyst Team Lead II Planner III Phase Item Costs
4.0 Construction Administration Phase (Lump Sum) 4.0 Construction Administration Phase (Lump Sum) Kirk Matt Chris Amanda + Patrick Marisa Nancy Morgan 8 hrs. x 305.00$ /hr = $ 2,440.00 4.01 2 4 4 $ 1,730.00 53 hrs. x $ 275.00 /hr = $ 14,575.00 4.02 8 16 8 16 8 4 4 $ 14,100.00 10 hrs. x 255.00$ /hr = $ 2,550.00 4.03 17 2 25 16 $ 11,905.0065 hrs. x 160.00$ /hr = $ 10,400.00 4.04 2 4 4 $ 1,870.0020 hrs. x 170.00$ /hr = $ 3,400.00 4.05 16 16 $ 6,960.0012 hrs. x 135.00$ /hr = $ 1,620.00 $ - 4 hrs. x 155.00$ /hr = $ 620.00 $ - 4 hrs. x 240.00$ /hr = $ 960.00 $ - SUBTOTAL 176 hrs. $ 36,565.00 $ - $ - Reimbursables $ - 6 Day x 85.00$ /Day= $ 510.00 $ - 0 Mi x 0.655$ /Mi= $ - $ - 5 Day x 170.00$ /Day= $ 850.00 $ - Per Diem 0 Day x 74.00$ /Day= $ - $ - Travel & Airline Costs 5 Trip x 500.00$ /Trip= $ 2,500.00 $ - $ 3,860.00 $ - $ - $ 40,425.00 TOTALS 8 53 10 65 20 12 4 4 $ 36,565.00 Total Hours
Quality Control ManagerAuto RentalMileageMileagePlanner III
LABOR CATEGORYLABOR CATEGORY
PHASE SUBTOTAL
Billing Rate
Lodging + Tax & FeesPractice Ldr I
SUBTOTAL
Total Hours
Project Coordinator IIPractice Ldr IQuality Control Manager
PHASE SUBTOTAL
Prepare Construction Contract and DocumentsProvide Project CoordinationPrepare/Conduct Pre-Bid MeetingPrepare AddendaConsult with Prospective BiddersAttend Bid OpeningReview Bid ProposalsPrepare Recommendation of Award Engineer in Training II
SUBTOTALSUBTOTAL
Billing Rate
SUBTOTAL
Auto Rental
Engineer Project Mgr IV
Engineer in Training IIConstruction Manager IIProject Coordinator IIBilling Analyst Team Lead IILodging + Tax & Fees Provide Bid AssistancePrepare/Conduct Pre-Construction MeetingReview Contractor's Safety Plan Compliance DocumentPerform Site Visits During Construction
TASKTASK
37 Labor Category Total Cost
Practice Ldr I Quality Control Manager Engineer in Training II Construction Manager II Engineering Techn III Project Coordinator II Billing Analyst Team Lead II Phase Item Costs
5.0 Post Construction Coordination Phase (Lump Sum) 5.0 Post Construction Coordination Phase (Lump Sum) Kirk Chris Amanda + Patrick Lynn Marisa Nancy 8 hrs. x $ 305.00 /hr = $ 2,440.00 5.01 2 4 $ 1,000.004 hrs. x $ 255.00 /hr = $ 1,020.00 5.02 16 8 $ 3,920.00 24 hrs. x $ 160.00 /hr = $ 3,840.00 5.03 2 4 8 4 $ 3,190.0048 hrs. x $ 170.00 /hr = $ 8,160.00 5.04 4 4 20 $ 5,640.00 4 hrs. x $ 145.00 /hr = $ 580.00 5.05 4 8 $ 1,760.00
12 hrs. x $ 135.00 /hr = $ 1,620.00 5.06 2 2 4 4 4 $ 2,770.00 4 hrs. x $ 155.00 /hr = $ 620.00 $ - $ - SUBTOTAL 104 hrs. $ 18,280.00 $ - Reimbursables $ - 2 Day x 85.00$ /Day= $ 170.00 $ - 0 Mi x 0.655$ /Mi= $ - $ - 1 Day x 170.00$ /Day= $ 170.00 $ - Per Diem 0 Day x 74.00$ /Day= $ - $ - Travel & Airline Costs 1 Trip x 500.00$ /Trip= $ 500.00 $ - $ 840.00 $ - $ 19,120.00 TOTALS 8 4 24 48 4 12 4 $ 18,280.00 Labor Category Total Cost
Construction
Manager II Phase Item Costs
6.0 On-Site Construction Coordination Phase (Cost Plus Fixed Fee) 6.0 On-Site Construction Coordination Phase (Cost Plus Fixed Fee) 180 hrs. x 50.00$ /hr = $ 9,000.00 21
5 1512
6.01 180 $ 9,000.00
SUBTOTAL 180 hrs. $ 9,000.00
= $ 9,000.00
207.46% = $ 18,671.40
Total Labor Cost = $ 27,671.40Fixed Fee 20% = $ 5,500.00 $ 33,171.40
Reimbursables
21 Day x 85.00$ /Day= $ 1,785.00
0 Mi x 0.655$ /Mi= $ - 21 Day x 170.00$ /Day= $ 3,570.00 Per Diem 21 Day x 74.00$ /Day= $ 1,554.00
Travel & Airline Costs 2 Trip x 500.00$ /Trip= $ 1,000.00 $ 7,909.00
$ 41,080.40 TOTALS 180 $ 9,000.00
Contract Hours Phase Fee Reimbursable Costs Total Cost
PART A - BASIC SERVICES (LUMP SUM)1.0 Preliminary Design Phase (Lump Sum) 124 $ 24,600.00 $ - $ 24,600.00
2.0 Design Phase (Lump Sum) 288 $ 56,990.00 $ - $ 56,990.003.0 Bidding Phase (Lump Sum) 55 $ 9,900.00 $ - $ 9,900.00 467 SUBTOTAL 91,490.00 $ $ - $ 91,490.00
PART B - SPECIAL SERVICES (LUMP SUM)4.0 Construction Administration Phase (Lump Sum) 176 $ 36,565.00 $ 3,860.00 $ 40,425.00
5.0 Post Construction Coordination Phase (Lump Sum) 104 $ 18,280.00 $ 840.00 $ 19,120.00 280 SUBTOTAL 54,845.00 $ $ 4,700.00 $ 59,545.00
Contract Hours Phase Fee Fixed Fee
Reimbursable Costs
Total Cost
6.0 On-Site Construction Coordination Phase (Cost Plus Fixed Fee) 180 $ 27,671.40 $ 5,500.00 $ 7,909.00 $ 41,080.40 180 SUBTOTAL $ 27,671.40 $ 5,500.00 $ 7,909.00 $ 41,080.40 $ 5,500.00 174,006.40 $ 12,609.00 $ 192,115.40 $
MileageLodging + Tax & Fees
Total Hours
Overhead (% of Direct Labor Cost)MileageLodging + Tax & Fees Engineering Techn IIIProject Coordinator IIBilling Analyst Team Lead II Auto Rental
*For the purposes of estimating the cost of mileage, per diem, and lodging are calculated in accordance with applicable IRS and GSA guidelines. At the time of invoicing mileage will be invoiced in accordance with published IRS rates at the time of service and per diem will be invoiced in accordance with published GSA rates at the time of service. Lodging will be invoiced as actual expense incurred except in the cases where specific client requirements exist that limit lodging to GSA standards.
LABOR CATEGORYLABOR CATEGORY
Auto RentalDirect Labor Cost
Total Hours
Engineer in Training IIConstruction Manager II
Construction Manager II
TASK
Billing Rate
SUBTOTALSUBTOTAL
Billing Rate
SUBTOTAL PHASE LABOR
SUBTOTAL
PHASE SUBTOTAL
Prepare DBE Uniform ReportSummarize Project CostsPrepare Final Construction Report TASK
TOTAL
PART B - SPECIAL SERVICES (COST PLUS FIXED FEE)
PHASE SUBTOTAL
SUBTOTAL
Quality Control ManagerPractice Ldr I Prepare Clean-up Item List Conduct Final InspectionPrepare Engineering Record DrawingsEstimated Calendar Days from Scope of WorkEstimated Working Days/Week from Scope of WorkTotal Days Scoped for Resident EngineeringEstimated Hours/Day from Scope of WorkProvide Resident Engineering
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:4
Agenda Item: Purchase Order with Lehr for Electronics, Equipment, and Installation in Three Police Vehicles
Executive Summary: This action would authorize the purchase of three police vehicle electronic, equipment, and installation packages. Those three packages include equipment from Lehr ($35,446.49 each/ total $106,339.47). Equipment and Installation of all equipment will be provided by Lehr. This purchase uses an existing cooperative purchase agreement.
Requested Action / Suggested Motions: Pass a motion authorizing the Chief of Police or their designee to issue a Purchase Order for the purchase of police vehicle electronics, equipment, and installation from Lehr using existing budget appropriations up to $106,339.47 Responsible Staff Member: Jeff Roberson, Lieutenant
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Police Vehicle Electronics and Equipment Package Purchase.docx 02-Sales Quote - Lehr 2024 Tahoe Single Patrol Unit.pdf 03-Lehr-Placer County Cooperative Purchasing Agreement
127
Council Agenda Report- April 23, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: April 23, 2024
Title: Police Vehicle Electronics and Equipment Package Purchase Location: Citywide
Responsible Staff Member: Jeff Roberson, Police Lieutenant Background: Funding for the purchase of police vehicles has come almost entirely from Proposition 172 – Safety Sales Tax, a restricted revenue source required to be used specifically for Public safety services which includes sheriffs, police, fire protection, county district attorneys, county corrections and ocean lifeguards. This request to purchase three electronic and equipment build out packages for Police patrol vehicles uses funds from that source.
Issue and Discussion: The Police Department seeks to replace aging portions of our fleet as vehicles reach the end of their service life.
The Police Operations Division (marked patrol vehicles) currently has several high mileage vehicles to be replaced. These replaceable patrol cars are near 10 years old, have high mileage, high engine hours, or decommissioned as the result of collisions.
To that end, the Police Department purchased three 2024 Chevrolet Tahoe PPVs to be outfitted as patrol cars with council approval on December 12, 2023. At the time of the purchase, quotes from builders could not be acquired for inclusion because of the immediate and unexpected availability of these three patrol vehicles. The build-out packages were not part of that council approved purchase process.
The department recommends purchasing the electronic and equipment build out packages for these three marked police vehicles in an amount up to $106,339.47. This build out package purchase will also include installation of identified equipment. Each of the three $35,446.49 equipment packages will be purchased from Lehr using a cooperative purchase agreement.
Financial Implications: The expense of this vehicle equipment purchase recommended in this staff report will have no impact on the City General fund.
The 2023-2024 Police Department Vehicle Replacement fund has approximately $180,449.89 available (21102110 46130).
128
Council Agenda Report- April 23, 2024 Page 2 of 2
Purchasing Process: Staff recommend purchasing these upfit packages through Lehr using a cooperative purchase agreement. The purchase price of three electronic and equipment build out packages from Lehr is $106,339.47.
Environmental Considerations: This is not a ‘project’ subject to review under the California Environmental Quality Act (CEQA) under CEQA guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies).
Policy Implications: The approval of this purchase supports Strategic Priority 5.1 Public Safety, Action Item 1) Ensure Police, fire, and snow removal operations receive adequate funding to provide exceptional service to our community.
129
Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
2024 Tahoe Patrol
_____________________________________
Front End Equipment
BK2019TAH21 Setina PB450L4 Aluminum Bumper ION Trio R/B/W 21-24 Tahoe
Setina 1 839.25 839.25
CEM16 Whelen Core WCX 16 Output Expansion Module Whelen 1 166.20 166.20 SA315P Whelen Siren Speaker 100W Whelen 1 199.99 199.99 PROMO
SAK70 Whelen Speaker Bracket Tahoe 2021-23 Whelen 1 29.40 29.40 OEM WIG-WAG and Back Flash
I Installation Charges Labor Items 8 125.00 1,000.00
_____________________________________
Side Equipment
LINSV2B Whelen LINZ V-Series LED Blue Under Surface Mount Whelen 1 175.80 175.80 LINSV2R Whelen LINZ V-Series LED Red Under Surface Mount Whelen 1 175.80 175.80 LSVBKT54 Whelen, LINSV Series Mirror Mount Kit, Fits 21 Tahoe Whelen 1 19.80 19.80 ARG54P Whelen, Passenger Side Fender Mount 2021 Tahoe Whelen 1 65.40 65.40 ARG54D Whelen, Driver Side Fender Mount 2021 Tahoe Whelen 1 65.40 65.40 ARGES2 Whelen, Arges Profocus Remote Spotlight Whelen 2 520.20 1,040.40 I Installation Charges Labor Items 6 125.00 750.00
_____________________________________
Roof Equipment
BB2DEDE-LEHR Whelen, 54" Liberty II Duo WCX Whelen 1 2,199.00 2,199.00 PROMO
STPKT101 Whelen, Strap Kit, Fits Silverado 1500 2019-2020 Whelen 1 69.00 69.00 NMO-K-DS 3/4" Hole NMO Style Mount w/17' DS Coax Misc Radio Parts 2 34.87 69.74 PROMO
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
44118
Steve Adair
62850
Phone: 800-982-8468
USA
South Lake Tahoe, CA 96150
1700 D Street
South Lake Tahoe-Motor Pool
Phone: 530-542-6061
So Lake Tahoe, CA 96150-6325
1901 Airport Road Suite 210
Ben
City of South Lake Tahoe
Phone: 775-507-2460 Fax:
9240 Prototype Dr Reno, NV 89521
11/22/2023
1 Tax Ident. Type Legal Entity
Vehicle Information:
2024 CHEVY TAHOE
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 130
Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
PWAT328TWSHKGCPLEHR Panorama, Panorama Ibr900 Antenna Sharkee Gcp Panorama 1 315.00 315.00 Confirm Radio's and number of antennas
I Installation Charges Labor Items 3.25 125.00 406.25
_____________________________________
Drivers Compartment
C-VS-1012-TAH-1 Havis Console Vehicle Specific 22", Fits 2021+ Chevy Tahoe Havis 1 546.00 546.00 C-EB40-CCS-1P Havis 4" FP Fits Cencom CCSRN, CCSRNTA, MPC03 Havis 1 25.90 25.90 C-EB30-APR-1P Havis, 3" Face Plate, Fits Motorola APX-4500 Remote Radio Havis 1 23.10 23.10 C-FP-3 Havis 3" Filler Plate Havis 1 10.50 10.50
10" of slanted Console used
C-AP-0325-1 Havis 3" Accessory Pocket, 2.5" Deep Havis 1 35.70 35.70 C-EB40-WSB-1P Havis 4" FP Fits Arges Remote Spotlight Control Head Havis 1 25.90 25.90 C-FP-1 Havis 1" Filler Plate Havis 1 9.10 9.10
CUP2-1001 Havis 4" Self-Adjusting Double Cup Holder Havis 1 46.90 46.90 C-USB-3 Havis USB-C & USB Type A Dual Port Charger Havis 2 69.30 138.60 12" of flate console space used
C-ARM-103 Havis, Armrest For Top Mount, Console, Large Pad Havis 1 127.40 127.40 C-DMM-3119 Havis, Heavy Duty Dash Mount, Fits 21-23 Chevy Tahoe Havis 1 361.90 361.90 C-KBM-202 Havis, Rugged Keyboard Mount and Adapter Combination Havis 1 118.30 118.30 IK-TR-911-RED iKey Full Travel Keyboard w/Backlit Keys iKey 1 346.50 346.50 PKG-MD-ARM-0306 Havis, Swivel Arm and Side Pole Mounts w/ 3" Base, 6" Extension
Havis 1 237.30 237.30
CF-33SZ-0GKM Panasonic, Panasonic : Public Sector Specific Panasonic 1 4,985.00 4,985.00 DS-PAN-1201-2 Havis, Docking Station For Panasonic TOUGHBOOK 33 Tablet with Standard Port Replication
Havis 1 822.50 822.50
LPS-103 Havis, Power Adapter Havis 1 182.70 182.70
G-BOM621-A Intrmotive, Blackout Module 2021 Chevy Tahoe (Ppv, Ssv, U.S.
Vehicles Only)
Intermotive 1 453.13 453.13
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
44118
Steve Adair
62850
Phone: 800-982-8468
USA
South Lake Tahoe, CA 96150
1700 D Street
South Lake Tahoe-Motor Pool
Phone: 530-542-6061
So Lake Tahoe, CA 96150-6325
1901 Airport Road Suite 210
Ben
City of South Lake Tahoe
Phone: 775-507-2460 Fax:
9240 Prototype Dr Reno, NV 89521
11/22/2023
2 Tax Ident. Type Legal Entity
Vehicle Information:
2024 CHEVY TAHOE
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 131
Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
G-PIO601-A Intrmotive, Protected Idle Output, Secures Gunlock and Hatch, 2021 Tahoe
Intermotive 1 264.14 264.14
GK11191B1S Setina Dual T-Rail Gun Mount 1 Blac-Rac Lock/1 Shotgun Lock #2 Key
Setina 1 719.25 719.25
60CREGCS Whelen 12 Diode Interior Light, 6" Round Surface Mount Split Red/White
Whelen 1 146.40 146.40
PROMO
MMSU-1 Mag Mic Magnetic Mic Kit Magnetic Mic 2 39.95 79.90 I Installation Charges Labor Items 22.5 125.00 2,812.50 _____________________________________
Prisoner Compartment
PK0419TAH21 Setina, #10VS C RP Coated POLY Partition Setina 1 816.75 816.75 PK0123TAH212ND Setina, #12VS 2ND EXPANDED METAL Partition Setina 1 464.25 464.25 WK0514TAH21 Setina, Window Barrier, Steel, Vertical, Fits 2021+ Tahoe Setina 1 246.75 246.75 DK0100TAH21 Setina TPO Door Panel Tahoe 2021-24 Setina 1 239.25 239.25 QK1374TAH21 Setina, Full Transport Replacement Seat 21 Tahoe Setina 1 846.75 846.75 I Installation Charges Labor Items 7.5 125.00 937.50
_____________________________________
Back End Equipment
TLIB Whelen ION T-Series Linear Super-LED Surface Mt. Lighthead Blue
Whelen 1 97.80 97.80
PROMO
TLIR Whelen ION T-Series Linear Super-LED Surface Mt. Lighthead Red
Whelen 1 97.80 97.80
PROMO
TIONWEDG Whelen Mounting Wedges ION T-Series Whelen 2 13.20 26.40 Mounted exterior by license plate visable when hatch is open IONBKT1 Whelen, Universal License Plate Bracket for 2 ION Lightheads, Horizontal Mount
Whelen 1 25.20 25.20
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
44118
Steve Adair
62850
Phone: 800-982-8468
USA
South Lake Tahoe, CA 96150
1700 D Street
South Lake Tahoe-Motor Pool
Phone: 530-542-6061
So Lake Tahoe, CA 96150-6325
1901 Airport Road Suite 210
Ben
City of South Lake Tahoe
Phone: 775-507-2460 Fax:
9240 Prototype Dr Reno, NV 89521
11/22/2023
3 Tax Ident. Type Legal Entity
Vehicle Information:
2024 CHEVY TAHOE
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 132
Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
IONR Whelen ION Series Super-LED Universal Light - Red Whelen 1 100.80 100.80 PROMO
IONB Whelen ION Series Super-LED Universal Light - Blue Whelen 1 100.80 100.80 PROMO
60CREGCS Whelen 12 Diode Interior Light, 6" Round Surface Mount Split Red/White
Whelen 1 146.40 146.40
PROMO
DC-5E8Q-25BLMB Misc, 25' Cat 5 Cable Misc Parts 1 21.99 21.99 HKN6169B Motorola 17' Control Head Cable Remote Mount XTL Radio Misc Radio Parts 1 98.52 98.52 WH3 Large Wire Harness AFS Harness Service Items 1 1,399.00 1,399.00 SO-L2001 AFS, Lehr Auto Timed Power Harness-96" Braided, 6 Timed Circuits w/ Ground Wires
AFS 1
SO-L2003 AFS, Lehr Auto Timed and Ignition Power Harness-96" Braided, 4 Tmd Cicr w/ 2 Ign Cicr and 3 Greend W
AFS 1
MW-A1001 All Fleet Solutions, MW Series Speaker Adapter, Fits Whelen CORE AMP w/ CORE C399
AFS 1
SO-408-MWDC SPECIAL ORDER, LEHR AUTO, DATA Cable Harness FOR
WHELEN CORE
AFS 1
SO-385-FL All Fleet Solutions, MW Series, PUSH BMPR Harness, QTY 4:
DUP GRILL, QTY 2 Duo SIDE LGTS & QTY 2 Duo
AFS 1
12-WCX-PWR36 AFS, WeCanX Expansion Module, 36" Canem16 Power, (4) 10 Amp Mini Fuse w/ 1/4" Ring At Battery
AFS 1
12-WCSP-CORE-28 AFS, 28" Whelen Cencom Core Siren Power Cable AFS 1 00-1402-L AFS, Battery Cable for 2021 Chevy Tahoe, 6 Ga Battery To Radio Tray w/ 150 Amp Circuit Breaker
AFS 1
CK-WCX-M7 All Fleet Solutions, Connector Kit for WCX-M7 ConnectorS AND 21 PINS
AFS 1
WCX-M7 All Fleet Solutions, DATA Cable JUNCTION BOX FOR WHELEN CORE, 7 PORTS
AFS 1
I Installation Charges Labor Items 19 125.00 2,375.00
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
44118
Steve Adair
62850
Phone: 800-982-8468
USA
South Lake Tahoe, CA 96150
1700 D Street
South Lake Tahoe-Motor Pool
Phone: 530-542-6061
So Lake Tahoe, CA 96150-6325
1901 Airport Road Suite 210
Ben
City of South Lake Tahoe
Phone: 775-507-2460 Fax:
9240 Prototype Dr Reno, NV 89521
11/22/2023
4 Tax Ident. Type Legal Entity
Vehicle Information:
2024 CHEVY TAHOE
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 133
Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
F Shipping Charges Service Items 1 575.00 575.00
INSTALL Install Materials Service Items 1 435.00 435.00 _____________________________________
32947035020070330001 Tuffy, Custom Tactical Gear Drawer 3-Drw, 47" P/N 329- 470350200-7033-000-01
Tuffy 1 1,860.93 1,860.93
235-01 Tuffy, SL-Riser Mounting Kit for Drawers Tuffy 1 198.00 198.00 Core Siren Controller
C399 Whelen Cencom Core WCX Remote Siren & Control Center Whelen 1 1,049.00 1,049.00 PROMO
CCTL7 Whelen Core WCX 21 Push-Buttons & 4-Position Slide Control Head
Whelen 1 269.40 269.40
C399K6 Whelen OBDII Canport Cable Kit Tahoe/Suburban Whelen 1 107.40 107.40 35,446.49
2805.75
32,640.74
Total:
Total Sales Tax:
Subtotal:
575.00
32065.74
Amount Exempt from Sales Tax
Amount Subject to Sales Tax
Name: __________________________________________________ Auth. Signature: ________________________________________ Agency Approval
PLEASE READ: No returns without approval and an RMA# will be accepted. All shortages, damage, or return claims must be made within 10 days of invoice date. NO EXCEPTIONS. A copy of the invoice and RMA paperwork must be shipped with returns. All return orders or cancellations are subject to a 25% restocking fee plus freight. Any change orders made 60 days prior to the installation date may be subject to a production delay and pricing changes. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
44118
Steve Adair
62850
Phone: 800-982-8468
USA
South Lake Tahoe, CA 96150
1700 D Street
South Lake Tahoe-Motor Pool
Phone: 530-542-6061
So Lake Tahoe, CA 96150-6325
1901 Airport Road Suite 210
Ben
City of South Lake Tahoe
Phone: 775-507-2460 Fax:
9240 Prototype Dr Reno, NV 89521
11/22/2023
5 Tax Ident. Type Legal Entity
Vehicle Information:
2024 CHEVY TAHOE
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 134
County of Placer
Procurement Services Division
2964 Richardson Drive
Auburn, CA 95603
Phone (530) 886-2122
Supplier Contract
Contract Number SCN106312
Contract Reference 97
Contract Start Date 10/01/2023
Contract End Date 09/30/2024
Buyer Javier Terrazas
Phone Number +1 (530) 889.4252 x4252
Email [email protected]
1 Supplier:
STOMMEL INC
dba LEHR
631 N MARKET BLVD STE N
SACRAMENTO, CA 95834
This Supplier Contract shall be governed by the attached terms and conditions.
Please reference the Supplier Contract number above on all invoices and correspondence related to this order.
Summary:
Emergency Response Vehicle Supplies/Equipment and Installation Services Vendor Contact: Steve Adair, Ph. #No. 916-267-5547, Email: [email protected] County Contacts:
Probation Dept. Contact (Orders and Accounting): Chris Artim, Ph. #530-889-7912, Email: [email protected] Placer County Sheriff Contact: Matt Burgans, Ph. #530-889-7865 Sheriff Accounting: Lisa Lentz, Ph. #530-889-6919, [email protected] Placer County Fire: Sarah Poindexter, Ph. #530-889-4037 Placer County Fire Accounting: Glenn Nishimoto, Ph. #530-886-4623, [email protected] Renewal of SCN105300
This renewal was approved by the Board of Supervisors on July 25, 2023.
Payment Terms Total Contract Amount
NET 30 375,000.00
Service Lines
Line Number Description Start Date End Date Amount
1 Emergency response vehicle equipment and supplies as well as equipment installation services in accordance with the vendor's agreement to renew SCN105300 - see attached for pricing, terms, and conditions and discounts.
10/01/2023 09/30/2024 375,000.00
135
631 North Market Street Suite N, Sacramento Ca 95834
Labor Price Increase Notice
Due to wage pressure for technicians our labor rate has increased to $125.00 per hour Effective:
October 1, 2023
October 1, 2023
To Our Valued Customers,
Due to the State of California increasing wage pressure and industry changes our new Labor Rate will need to increase from $115.00 per hour to $125.00 per hour. We understand that this is almost a 10% increase from the previous year.
Lehr provides specialized labor for the fabrication of first responder vehicles.
Historically we have only taken two labor increases in 15 years. Wages have increased annually to allow Lehr to continue to employ certified and qualified technicians. To ensure that Lehr provides the best emergency equipment installations in the industry this increase was implemented.
If you have any questions regarding the labor increase, please reach out to:
Steve Adair
Lehr
Regional Sales Manager
631 North Market St. Suite N
Sacramento, CA 95834
Cell 916.267.5547
Fax: 916.646.6656
[email protected]
136
Additional Emergency Equipment Manufatures Discounts
Manufacture Discount of List Price
AFS 40%
AceK‐9 2%
AEDEC 2%
American Aluminum 25%
Airgain 15%
BackRack 15%
Big Sky 10%
Brooking 20%
CHEETAH 13.33%
Copeland 15%
D&R 10%
ECCO 40%
GORhino 25%
Hint 15% I‐Key 23%
Intermotive 10%
Jotto Desk 12%
Kussmaul 5%
Lind 2%
Lund 5%
MnStar 10%
Newmar 5%
Panorama 5%
Patrol Power 20%
Pico 35%
Pro‐Gard 20%
Ram Mounts 15%
Stico 2%
Stopstick 5%
Streamlight 30%
Secure‐Idle 5%
TigerTough 5%
Tomar 23%
Trucklite 67%
Tuffy 20%
Unity 38%
Weatherguard 10%
Westin 20%
Xantrex 20%
Panasonic Toughbooks 12%
Panasonic ICV 12%
Vigilant ALPR 12%
CradlePoint 5%
Sierra Wirless 5%
Ubiquity 2%
Fixed PODS 10%
137
Procurement Services Division
2964 Richardson Drive ▪ Auburn, CA 95603
(530) 886-2122
20000 - Emergency Response Vehicle Equipment and Installation Services Opening Date: July 30, 2019 4:45 PM
Closing Date: August 13, 2019 3:00 PM
To ensure a complete and timely response, it is strongly recommended that you submit your bid response via our Online Bidding System.
However, if you have difficult submitting your bid online or prefer to submit your bid manually (hard-copy) for any reason, print and complete this bid package along with any required bid documents, and mail or deliver in a sealed envelope to:
Placer County Procurement Services Division
2964 Richardson Drive
Auburn, CA 95603
All bids must be submitted on original documents (no fax bids) prior to the Closing Date and Time specified above and as prescribed in this bid's General Terms and Conditions. All bids must be signed by an authorized representative of the firm. UNSIGNED OR LATE BIDS WILL BE REJECTED.
Vendors shall complete the area below for hard copy submissions:
COMPANY NAME: ____________________________________________________ Mailing Address: ____________________________________________________ City/State/Zip: ____________________________________________________ Contact Person: ____________________________________________________ Telephone: ____________________________________________________ Email: ____________________________________________________ SIGNATURE: ____________________________________________________ DATE: ____________________________________________________ Title: ____________________________________________________ By signature above, bidder hereby agrees to and accepts the terms, conditions and requirements specified in this bid, including the following bid documents and all related addenda (if any).
Vendor Details
138
Company Name: Stommel Inc
Does your company conduct business
under any other name? If yes, please
state:
Lehr Auto Electric
Address:
4707 Northgate Blvd
Sacramento, CA 95834-1120
Contact: Steve Adair
Email: [email protected]
Phone: 916-267-5547
Fax: 916-646-6656
HST#: 61-1499917
Submission Details
Created On: Thursday August 08, 2019 16:23:20
Submitted On: Tuesday August 13, 2019 11:55:35
Submitted By: Steve Adair
Email: [email protected]
Transaction #: bf9e4edd-1317-482f-9d85-05e42711727e
Submitter's IP Address: 207.242.136.194
139
Schedule of Prices
BID PRICING WORKSHEET - Category 1
ITEM NO. DESCRIPTION UOM EST. ANNUAL
USAGE
MANUFACTURE
R
MANUFACTURERS
PART NUMBER UNIT PRICE * EXT PRICE
PRODUCT
WARRANTY
INFORMATION
(state number
of months and
any special
terms or
provisions that
may apply)
COMMENTS
1.1 Lightbar with the following
options/modifications: Add (2) LR11
Flashing Alley Lights, LED
(SRALF1); Add (2) 500 Series
inboard LED, one red and one blue
(SLDBR); Add (2) 500 Series
inboard LED, one red and one blue
(SLDBR); Add (2) TIR high output
LED take downs, flashing or steady
(SXTDLED); and Add (2) 500
Series inboard LED, amber/amber
(SLDAA).
EA 15 Whelen LFL
Liberty SW
WeCan Series
Super-LED 54"
Lightbar
SW2RRBB $1,750.0000 $ 26,250.00 60 Whelen Master
Distributor
*
1.2 Strap Kit for LFL Liberty SW
WeCan Series Super-LED 54"
Lightbar. Strap Kit shall be
compatible with Chevrolet Tahoe
Police SUVs.
EA 15 Whelen
Engineering
STPKT71 $57.0000 $ 855.00 60 Whelen Master
Distributor
*
1.3 CenCom Sapphire Siren with
amplifier control module with pigtails,
traffic advisor module, and
microphone with CCMICX20 included
(20' microphone cable).
EA 15 Whelen
Engineering
CCSRN3 $749.00 $ 60 Whelen Master
Distributor
*
1.4 PB400 Full Aluminum Push
Bumpers. Push bumpers shall be
compatible with 2015 to current
model year Chevrolet Tahoe Police
SUVs.
EA 15 Setina
Manufacturing
Bodyguard
PB400
BK0534TAH15 $319.2000 $ 4,788.00 60 Setina Master
Distributor
*
1.5 Patrol Car Seat, black, with Laguna
Seat Belts and Rear Cargo Cage.
Patrol car seat shall be compatible
with 2011 to current model year
Chevrolet Tahoe Police SUVs.
EA 15 Laguna 3P
Products
CT5502 $1,084.0000 $ 16,260.00 60 Laguna
distributor
*
1.6 Stationary Vinyl Coated Partition
with Full Lower Extension Panel.
The partition shall be compatible
with 2015 to current model year
Chevrolet Tahoe Police SUVs.
EA 15 Setina
Manufacturing 8-
VS Series
PK0369TAH10SCA $599.2500 $ 8,988.75 60 correct Part
Number
PK0369TAH15S
CA
*
1.7 Shotgun Gun Lock EA 15 Santa Cruz SC-1H $77.0400 $ 1,155.60 12 #2 Key *
1.8 Ratchet Lock Gen. 2 EA 15 Santa Cruz SC-6H $131.64 12 #2 Key *
1.9 Muzzle Up Partition Mount EA 30 Santa Cruz SC-915P $69.9900 $ 2,099.70 12 Authorized Distributor
*
1.10 Siren Speaker EA 15 Whelen SA315P $199.99 24 Authorized Distributor
*
1.11 Speaker Bracket Kit for Whelen
SA315P Speaker
EA 15 Whelen SAK1 $29.40 $ 60 Authorized
Distributor
*
1.12 Plug In Headlight Flasher for 2015
to current model year Chevrolet
Tahoe Police SUVs
EA 15 SoundOff ETHTAHO-07 $65.7200 $ 985.80 60 Authorized Distributor *
1.13 Vertex Super-LED Light, Single SelfContained Hemispheric Light, Color: BLUE
EA 45 Whelen VTX609B $84.99 $ 60 Authorized
Distributor *
1.14 Vertex Super-LED Light, Single SelfContained Hemispheric Light, Color: RED
EA 45 Whelen VTX609R $84.99 $ 60 Authorized
Distributor *
1.15 Vertex Super-LED Light, Single SelfContained Hemispheric Light, Color: CLEAR
EA 45 Whelen VTX609J $$84.99 $ 60 Authorized
Distributor *
1.16 LIN3 Series Super-LED Lighthead,
Horizontal Mounting, Color: BLUE
EA 15 Whelen RSB02ZCR $$66.60 $ 60 Authorized
Distributor
*
1.17 LIN3 Series Super-LED Lighthead,
Horizontal Mounting, Color: RED
EA 15 Whelen RSR02ZCR $66.60 $ 60 Authorized
Distributor
*
1.18 Mounting Bracket for LIN3 Series
Super-LED Lighthead (Horizontal
Mounting)
EA 30 Whelen RBKT1 $10.80 $ 60 Authorized
Distributor *
140
1.19 PAR46 LED Flood - Spotlight EA 25 Whelen
Engineering
P46FLC $154.99 $ 60 Authorized
Distributor
*
1.20 PAR46 LED Spot - Spotlight EA 25 Whelen
Engineering
P46SLC $154.99 $ 60 Authorized
Distributor
*
1.21 Magnetic Mic Kit EA 25 Whelen
Engineering
MMSU-1 $34.9500 $ 873.75 12 Authorized
Distributor
*
1.22 Blac-Rac Weapon Mount EA 20 Blac-Rac 1082E $861.75 $ 12 Authorized Distributor
*
1.23 Chargeguard-Select Auto Shut-Off
Timer
EA 15 Havis Inc. CG-X $71.3800 $ 1,070.70 36 Authorized Distributor
*
1.24 Littlite 12" Gooseneck Lamp with
Rehostat Control, Gooseneck
Extends From End of Chassis, Lead
Extends From Bottom of Chassis.
EA 15 Federal Signal LF12ERB $57.7500 $ 866.25 60 Authorized Distributor
*
1.25 Patrol Vehicle "Placer" Console,
consisting of the following
components:Arm Rest w/2"
Extension - Lehr Auto Electric
Model# PARM002Tall, Arm Rest
Pad - Lehr Auto Electric Model#
PARP, XTL2500 3" Faceplate -
Troy Products Model#FP-MXTL5000,
Cencom 4" Faceplate - Troy
Products Model#FP-WC10285909,
1" Blank - Troy Products Model# FPBLNK1, 2" Blank - Troy Products Model# FP-BLNK2, 4" Beverage
Holder - Troy Products Model#
EA 12 Lehr Auto
Electric
PCC001 $1,142.0000 $ 13,704.00 60 Authorized
Distributor
*
1.26 Mount Kit EA 1 Troy Products AC-EXP03 $117.1800 $ 117.18 60 limited Lifetime *
1.27 Speaker EA 1 Code 3 C3100ENO7 $178.3800 $ 178.38 24 Authorized Distributor
*
1.28 12" Litlite Console Light EA 1 Feederal Signal LF12TRB $66.95 60 Authorized Distributor
*
1.29 3 Accessory Outlet EA 2 Able2 Shoe-Me 14.0553 $21.9500 $ 43.90 24 Authorized Distributor
*
1.30 Dual Stacked LED X Light EA 2 Code 3 LXEX2F-RR $411.10 $ 60 Authorized Distributor
*
1.31 Wig-Wag EA 1 Sound Off LAROOBK $42.6000 $ 42.60 60 Authorized Distributor
*
1.32 Double Beam Halogen Work Lamp
12V
EA 2 Hella 006991663 AS 115 $41.8200 $ 83.64 12 Authorized Distributor
*
1.33 LED Strip Light EA 1 Whelen PSC0CDCR $ 112.20 $ 60 Authorized Distributor
*
1.34 2007-2010 Ford Expedition Base EA 1 Gamber Johnson 7160-446- $113.4000 $ 113.40 60 Part Number 7160-0046
*
1.35 Mongoose 9" Locking Slide Arm w/o
Standard Attachment
EA 1 Gamber Johnson 7160-0219 $247.8000 $ 247.80 60 Part has been discontinued
replacement
quoted 7160-
0220
*
1.36 Tlt Swivel Attachment EA 1 Gamber Johnson DS-CLEVIS $56.0000 $ 56.00 60 Discontinued part -
replacement
quoted 7110-
1008
*
1.37 Radio Ray Wireless Spot Light EA 1 GoLight 7900 $244.1100 $ 244.11 36 Limited 3yr warranty
*
1.38 18" Console EA 1 Troy Products CC-MC18 384.48 $ 60 Authorized Distributor
*
Subtotal: $ 124,020.15
141
142
Bid Questions
Delivery Time: Bidders shall indicate their delivery time (after an order is received) for items specified in this bid without installation services in the space provided. Indicate your Delivery Time in Days
Delivery time 2-21 days. (In stock items 1-2 days, Items needed to be ordered up to 3 weeks however we stock many of your every day items.)
Turnaround Time: Bidders shall indicate their normal
turnaround time for a fully installed emergency vehicle in the space provided. Indicate your Turnaround Time in
Days
3-5 business days
**Note: If installation service is needed on behalf of Placer County Fire Department, the County intends to deliver and pick up the vehicles at the successful firm's location. As an option, Placer County Fire may require the successful firm to pick up and/or deliver a vehicle. Bidder shall provide rates for pick up and delivery service to be charged oneway, from vendor's shop to Placer County Fire facility only.**
$65 per hour based on Map Quest travel time 35 minutes travel time Travel Rate: Bidders shall provide rates for pick up and delivery service to be charges one-way, from the vendor's shop to the Placer County Fire Department address:
13760 Lincoln Way Auburn, CA 95603. Indicate your travel rate
$65 per hour based on Map Quest travel time 35 minutes travel time Travel Time: Bidders shall provide rates for pick up and delivery service to be charges one-way, from the vendor's shop to the Placer County Fire Department address:
13760 Lincoln Way Auburn, CA 95603. Indicate your
Travel Time
$65 per hour based on Map Quest travel time 35 minutes travel time Documents
Upload additional information here - optional, unless otherwise denoted as mandatory (with asterisk):
Additional Document - Additional Discounts.xlsx - Tuesday August 13, 2019 11:36:56 143
Attachment A
Bid No. 20000
COUNTY OF PLACER
EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES
SUPPLEMENTAL TERMS AND CONDITIONS
1. DOCUMENTS
Below are the documents associated with this bid.
Attachment A – Supplemental Terms and Conditions
Attachment B – Scope of Work
Attachment C – Insurance Requirements
Attachment D – Lightbar Configuration (Patrol Vehicle)
2. OVERVIEW
Placer County is soliciting bids for the purchase and installation of emergency response vehicle equipment & related supplies for the Placer County sheriff’s Office and Placer County Fire Department. Placer County intends to award a supplier contract for the purchase emergency response vehicle equipment and installation services on an as-needed basis. The items, quantities, sample jobs, services, and occurrences listed in this bid represent the County’s estimated annual requirements and will be utilized for evaluation purposes only. The County does not guarantee any minimum or maximum quantities that will be purchased or minimum or maximum dollar amounts to be spent throughout the term of the resulting agreement(s). Please note that the County requires NEW PRODUCT ONLY – No refurbished, demo, or restored products will be accepted unless specifically authorized by County staff.
3. PRICING
Responding bidders shall indicate their hourly shop rate for the services described herein as well as provide firm, fixed prices and discounts off list prices for the emergency response vehicle equipment and supplies listed in this bid for the initial contract period of approximately one year from the date this bid is awarded. Pricing offered in the bid line items herein shall be for services provided during the successful firm’s normal business hours. Overtime will not be required. The bidder’s shop labor rate per hour offered herein shall apply to all vehicle and equipment makes, models, and types.
The prices offered by bidders shall be exclusive of sales tax (applicable sales tax shall be added to the County’s invoices). The discounts offered by bidders for the brands listed in this solicitation shall be calculated and billed in addition to any invoice terms that are offered.
All rates shall be billed in accordance with the bidders offered pricing. The County will not accept or pay any premiums, administrative surcharge costs, or any other surcharges that are not identified in the bidder’s response. Charges imposed by the State of California or Federal Government after the bid has been awarded will be honored.
144
Attachment A
Bid No. 20000
4. AWARD
4.1. This bid shall be evaluated and awarded by an all-or-none basis. The bid evaluation will consider the total cost to install the Sheriff’s Office patrol vehicle equipment into a typical Chevrolet Tahoe 4x2 and 4x4 for items 1.1 through 1.25 and a Ford Expedition for the Placer County Fire Department for items 1.26 through 1.38 for evaluation purposes. This cost will be determined by multiplying the firm’s shop labor rate by the total estimated time to install the equipment, as determined by the County. The estimated installation time will be 18 hours of labor for evaluation purposes only. Local Vendor Preference (if applicable), prompt payment discounts, optional pick up/delivery rates, travel time, travel time rate, turnaround time, and adherence to all conditions and requirements of this bid will also be considered.
Bidders are not required to bid on all categories to be considered for award however Placer County reserves the right to award the bid based on pricing offered for the most categories.
4.2. An example of a typical Chevrolet Tahoe patrol vehicle installation includes the following equipment (manufacturer or supplier is shown in parenthesis – no substitutions):
Light Bar System (Whelen/Cencom)
Headlight Flasher (Soundoff)
Siren Speaker and Bracket (Whelen)
Maplight (Little Lite)
Radio Mounting Console (Lehr)
Cage (Setina)
Gun Locks – 2 per vehicle (Santa Cruz)
Push Bumper (Setina)
All emergency equipment, dome light, and spotlight are required to be wired to an auxiliary power source in the rear of the vehicle. All power should be timed and disconnected as to protect the vehicle from a dead battery.
4.3. Other public agencies may elect to “piggyback” on the County’s resulting agreement(s). It will be the responsibility of the other agencies to execute separate contracts with the successful bidder(s) at the same bid pricing (refer to this Bid’s General Terms and Conditions, Section 22) through the end of the initial contract period. Any subsequent renewal pricing and terms successfully negotiated between Placer County and the successful bidder(s) would be made available to those other agencies.
5. DELIVERY REQUIREMENTS
5.1. Bidder’s pricing for equipment and supplies shall be FOB Destination, freight prepaid and assumed by the successful bidder, inside delivery to the following address:
Placer County Sheriff’s Office
2929 Richardson Drive, Ste. A
Auburn, CA 95603
Placer County Fire Department
13760 Lincoln Way
Auburn, CA 95603
145
Attachment A
Bid No. 20000
5.2. The successful bidder shall deliver regular orders within five (5) business days of order placement for the complete order (no partial deliveries will be allowed unless specifically approved by County staff at the time the order is placed). There will also be occasions where the County will need to place an emergency order, which shall be defined as items which are so urgently needed that they must be delivered within forty-eight (48) hours of placing the order or items that are not available from the vendor’s normal inventory. In these instances actual freight charges will be allowed with written approval from the County employee placing the order. All freight charges shall be prepaid by the vendor and added to the resulting invoice. Freight collect charges will not be allowed. The vendor shall clearly advise County personnel of such emergency order circumstances for authorization at the time the order is placed with the vendor.
5.3. If the County’s orders are not delivered within the delivery times specified herein, the County reserves the right to cancel the order and obtain the products from another source. In the event that the County must make such open market purchases, the County reserves the right to exercise the provisions of Section 17 of this bid’s General Terms and Conditions.
Continued non-compliance with the stated delivery times may be cause for cancellation of the resulting agreement.
6. PRICE LISTS
Placer County requests that the successful bidder provide price lists upon award of the resulting agreement for each of the manufacturer discounts offered in the successful bidder’s completed Bid Pricing Worksheet. The County will accept electronic versions of the price lists if hard copies are not available (e.g. CD’s, flash drives, etc.). These lists will be used to verify the discount pricing on the resulting invoices. All price lists shall be provided free of charge to the County. The County also prefers that the successful bidder(s) state the manufacturer’s list price, the bidder’s offered discount off list price, and the net price for each part purchased on the resulting invoices. The successful bidder shall be responsible for notifying the Placer County Sheriff’s Office primary contact as well as the Procurement Services Division of any changes or updates to the bidder’s/manufacturer’s published catalog/list prices that occur during the contract period.
7. INSURANCE REQUIREMENTS
The successful bidder shall be required to furnish a certificate of insurance within ten (10) calendar days following receipt of a Notice of Award demonstrating proof of coverage in the amounts specified in Attachment C, Insurance Requirements.
8. SUBCONTRACTING
The successful bidder shall not subcontract any portion of the work to be performed under the resulting agreement.
9. EQUIVALENT/ALTERNATE OFFERS
Due to the standardization of the County’s emergency response vehicle equipment including the County’s inventory of repair/replacement parts as well as staff training issues, bids will only be accepted for the brand and model emergency response vehicle equipment and supplies specified in the Bid Worksheet.
146
Attachment A
Bid No. 20000
10. SERVICE STANDARDS
The successful bidder shall provide all necessary personnel, tools, parts, materials, and equipment to perform the services described herein. The successful bidder shall perform all work in such a manner as to meet all accepted standards for safe practices for emergency response vehicle equipment installation services and to safely maintain stored equipment or other hazards consequential or related to the work. The successful bidder agrees to accept the sole responsibility for complying with all local, County, State or other legal requirements at all times including, but not limited to, O.S.H.A. and CAL. O.S.H.A. Safety Orders. The successful bidder must meet all EPA standards as well as all Federal, State, and Local laws, standards, and regulatory and permitting requirements while performing services on behalf of Placer County.
11. WORKMANSHIP
All services shall be performed in accordance with the highest standards prevailing in the trades. All of the successful bidder’s employees shall be especially skilled and appropriately trained and certified for the kind of work for which they are employed. Should the successful bidder’s Manager and/or Placer County staff deem anyone employed by the successful bidder incapable of completing the work required, the successful bidder shall immediately dismiss the employee from performing services on behalf of the County. Such removal shall not be considered a basis for employee’s claim for compensation or damages against the County, or any of its officers or agents. 147
Attachment B
Bid No. 20000
COUNTY OF PLACER
EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES
SCOPE OF WORK
1.0 The successful bidder shall be regularly established in the business of routine emergency vehicle lighting and equipment installation services on a variety of patrol vehicles, light trucks, and fire trucks. Responding firms shall have staff experienced in the installation of law enforcement and fire department radios, “Code 3” emergency equipment, prisoner partitions, mounting consoles, trunk racks, cages and gun locks at a minimum.
2.0 The successful bidder shall be qualified and capable of performing equipment installation services on various types of emergency response vehicles and equipment including, but not limited to, law enforcement sedans, sport utility vehicles, trucks, undercover vehicles, trailers, off-highway vehicles, and boats, including Type I and Type II engines.
3.0 Time is of the essence in returning County vehicles to service. The successful bidder agrees that work performed under the resulting agreement shall receive top priority over other work in the successful bidder’s shop. If the County determines that the workload of the successful bidder is such that timeliness is not possible in a given situation, the County reserves the right to assign the job to another vendor.
4.0 In the event that the successful bidder is unable to respond or complete the requested services within the bidder’s stated turnaround time, the successful bidder shall notify the County designated contact person immediately prior to commencing work. The County at its sole discretion may elect to utilize the services of another vendor in such instances and will notify the successful bidder if such intention is to be exercised.
5.0 The successful bidder agrees that the County has the right to view any work performed on a County vehicle at the successful bidder’s facility at any time, whether or not services have been completed. The successful bidder agrees that the County has the right to audit any work performed by the successful bidder.
6.0 The successful bidder warrants the goods furnished to be of the highest quality, complying with the specifications and free from all defects whatsoever in workmanship and materials, for a minimum period of one year from the date of delivery. Replacements and repairs under this warranty are to be made by the successful bidder at no cost and to the satisfaction of the County. Equipment installations shall be guaranteed for as long as the County owns/possesses the vehicle.
7.0 The successful bidder agrees that the County has the right to make the final determination as to whether services have been satisfactorily completed. The successful bidder shall include County staff on a walk-through of the vehicle to confirm that all equipment is installed and functioning correctly and testing the equipment prior to the County's acceptance of the work as being completed. Should any portion of the work to be done which, due to any cause, is not in accordance with the specifications or is not satisfactorily completed, it will be rejected and the successful bidder shall immediately make a satisfactory arrangement with the County before proceeding with other work. The successful bidder shall promptly correct all work rejected by the County as faulty, defective, or failing to conform to the product specifications or scope of 148
Attachment B
Bid No. 20000
work defined herein, whether observed before or after substantial completion of the work and whether or not inspected, tested, repaired, fabricated, installed, or completed. The successful bidder shall bear all costs of correcting such rejected work. This provision applies during the contract term and any resulting renewal periods.
8.0 The successful bidder shall be held responsible for any breakage or loss of the County’s vehicles or equipment while performing service on the County’s vehicles. The successful bidder shall be responsible for restoring or replacing any equipment, vehicle, etc. so damaged to the satisfaction of the County and at the sole expense of the successful bidder. The successful bidder shall immediately report to the County any damages to the vehicle or equipment resulting from services performed under the resulting agreement.
9.0 The successful bidder, at the County’s request, shall provide a field representative to meet with County personnel at least once a month to review the department's inventory levels, discuss the department's emergency lighting and equipment requirements and introduce additional products to address any County needs. The successful bidder shall also have technical staff available to conduct scheduled on-site meetings at the County’s request. The successful bidder shall provide inside sales support capable of providing product specification sheets, quotations, order placement and expediting, via fax and telephone at the County’s request.
149
Attachment C
Bid No. 20000
PLACER COUNTY INSURANCE REQUIREMENTS
1. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
The CONTRACTOR shall save, keep, hold harmless, defend, and indemnify PLACER COUNTY from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of or in the course of performing work which may be occasioned by any willful or negligent act or omissions of the CONTRACTOR, any of the CONTRACTOR'S employees, or any subcontractors.
The CONTRACTOR shall be responsible for any liability imposed by law and for death, injury, or damage to property of any person including, but not limited to, workmen, subcontractors, and the public, resulting from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance.
If any judgment is rendered against PLACER COUNTY for any injury, death, or damage caused by CONTRACTOR as a result of work performed or completed, pursuant to this agreement, CONTRACTOR shall, at its own expense, satisfy and discharge any judgment.
As used above, the term PLACER COUNTY means PLACER COUNTY, its officers, agents, employees, and volunteers.
2. INSURANCE:
CONTRACTOR shall file with the COUNTY concurrently herewith a Certificate of Insurance, in companies acceptable to COUNTY, with a Best's Rating of no less than A- :VII showing.
3. WORKER'S COMPENSATION AND EMPLOYERS LIABILITY INSURANCE:
Worker's Compensation Insurance shall be provided as required by any applicable law or regulation. Employer's liability insurance shall be provided in amounts not less than one million dollars ($1,000,000) each accident for bodily injury by accident, one million dollars ($1,000,000) policy limit for bodily injury by disease, and one million dollars ($1,000,000) each employee for bodily injury by disease.
If there is an exposure of injury to PROVIDER'S employees under the U.S. Longshoremen's and Harbor Worker's Compensation Act, the Jones Act, or under laws, regulations, or 150
Attachment C
Bid No. 20000
statutes applicable to maritime employees, coverage shall be included for such injuries or claims.
Each Worker's Compensation policy shall be endorsed with the following specific language:
Cancellation Notice - “This policy shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to the County of Placer.”
Waiver of Subrogation - The workers’ compensation policy shall be endorsed to state that the workers’ compensation carrier waives its right of subrogation against the County, its officers, directors, officials, employees, agents or volunteers, which might arise by reason of payment under such policy in connection with performance under this agreement by the CONSULTANT.
CONTRACTOR shall require all SUBCONTRACTORS to maintain adequate Workers' Compensation insurance. Certificates of Workers' Compensation shall be filed forthwith with the County upon demand.
4. GENERAL LIABILITY INSURANCE:
A. Comprehensive General Liability or Commercial General Liability insurance covering all operations by or on behalf of CONTRACTOR, providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for:
(1) Products and completed operations;
(2) Contractual liability insuring the obligations assumed by CONTRACTOR in this Agreement; and
(3) Broad form property damage (including completed operations) Except with respect to bodily injury and property damage included within the products and completed operations hazards, the aggregate limits, where applicable, shall apply separately to CONTRACTOR'S work under the Contract.
B. One of the following forms is required:
(1) Comprehensive General Liability;
(2) Commercial General Liability (Occurrence); or
(3) Commercial General Liability (Claims Made).
C. If CONTRACTOR carries a Comprehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage, and Personal Injury Liability of:
One million dollars ($1,000,000) each occurrence
151
Attachment C
Bid No. 20000
Two million dollars ($2,000,000) aggregate
D. If CONTRACTOR carries a Commercial General Liability (Occurrence) policy:
(1) The limits of liability shall not be less than:
One million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
One million dollars ($1,000,000) for Products Completed Operations Two million dollars ($2,000,000) General Aggregate
(2) If the policy does not have an endorsement providing that the General Aggregate Limit applies separately, or if defense costs are included in the aggregate limits, then the required aggregate limits shall be two million dollars ($2,000,000).
E. Special Claims Made Policy Form Provisions:
CONTRACTOR shall not provide a Commercial General Liability (Claims Made) policy without the express prior written consent of COUNTY, which consent, if given, shall be subject to the following conditions:
(1) The limits of liability shall not be less than:
One million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
One million dollars ($1,000,000) aggregate for Products Completed Operations
Two million dollars ($2,000,000) General Aggregate
(2) The insurance coverage provided by CONTRACTOR shall contain language providing coverage up to one (1) year following the completion of the contract in order to provide insurance coverage for the hold harmless provisions herein if the policy is a claims-made policy.
Conformity of Coverages - If more than one policy is used to meet the required coverages, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements. For example, all policies shall be Occurrence Liability policies or all shall be Claims Made Liability policies, if approved by the County as noted above. In no cases shall the types of polices be different.
5. ENDORSEMENTS:
Each Comprehensive or Commercial General Liability policy shall be endorsed with the following specific language:
152
Attachment C
Bid No. 20000
A. "The County of Placer, its officers, agents, employees, and volunteers are to be covered as an additional insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement." B. "The insurance provided by the Contractor, including any excess liability or umbrella form coverage, is primary coverage to the County of Placer with respect to any insurance or self-insurance programs maintained by the County of Placer and no insurance held or owned by the County of Placer shall be called upon to contribute to a loss."
C. “This policy shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to the County of Placer.”
6. AUTOMOBILE LIABILITY INSURANCE:
Automobile Liability insurance covering bodily injury and property damage in an amount no less than one million dollars ($1,000,000) combined single limit for each occurrence.
Covered vehicles shall include owned, non-owned, and hired automobiles/trucks.
7. ADDITIONAL REQUIREMENTS:
Premium Payments - The insurance companies shall have no recourse against the COUNTY and funding agencies, its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.
Policy Deductibles - The CONTRACTOR shall be responsible for all deductibles in all of the CONSULTANT’s insurance policies. The maximum amount of allowable deductible for insurance coverage required herein shall be $25,000.
CONTRACTOR’s Obligations - CONTRACTOR’s indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this agreement.
Verification of Coverage - CONTRACTOR shall furnish the County with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the County before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
153
Attachment C
Bid No. 20000
Material Breach - Failure of the CONTRACTOR to maintain the insurance required by this agreement, or to comply with any of the requirements of this section, shall constitute a material breach of the entire agreement.
Certificate Holder –Placer County subscribes to a service that monitors insurance certificates for compliance with the above requirements. The Certificate Holder on insurance certificates and related documents should read as follows:
County of Placer
c/o EXIGIS LLC
PO Box 4668 ECM #35050
New York, NY 10168-4668
Fax: 888-355-3599
Email: [email protected]
Upon initial award of a contract to your firm, Exigis will contact you with further instructions for providing insurance certificates which meet the terms of the contract.
Certificates which amend or alter the coverage during the term of the contract, including updated certificates due to policy renewal, should be sent directly to Exigis via fax or email as indicated above.
***SOLE PROPRIETER LANGUAGE:
Workers’ Compensation
CONTRACTOR represents they have no employees and, therefore, not required to have Workers’ Compensation coverage.
CONTRACTOR agrees they have no rights, entitlements or claim against COUNTY for any type of employment benefits or workers’ compensation or other programs afforded to COUNTY employees.
154
155
Terms & Conditions
INVITATION FOR BIDS
GENERAL TERMS AND CONDITIONS
The following provisions are hereby made a part of this Invitation for Bids ("bid") by reference and attachment to the Invitation for Bids document. Any contract award made as the result of this bid shall be governed by these General Terms and Conditions. By submission of a bid, bidder does agree if the bid is accepted within 90 calendar days from the date of opening, to furnish to furnish the product(s) and/or service(s) pursuant to these conditions. In the event of a contract award pursuant to this bid, performance by the successful bidder of any or all of the services, or delivery of any or all of the products defined herein, shall constitute acceptance of all terms, conditions and requirements of the resulting agreement.
WARNING: It is the bidder’s responsibility to monitor the County’s website for possible addenda to this bid to inform him/herself of the most current specifications, terms, and conditions (see also Section 4 below), and to submit his/her bid in accordance with the original bid requirements and all addenda. All available bids and related addenda can be found at: https://placer.bidsandtenders.net. Failure of bidder to obtain this information shall not relieve him/her of the requirements contained therein. Additionally, failure of bidder to respond to any addenda, when required, may be cause for rejection of his/her bid.
1. GENERAL. These provisions are standard for all County contracts. The County may delete or modify any of these standard provisions for a particular contract by indicating a change in the special instructions to bidders or in the bid. Any bidder accepting a contract award as the result of this bid agrees that the provisions included within this Invitation for Bid shall prevail over any conflicting provision within any standard form contract of the bidder.
2. SUBMISSION OF BIDS. Bids shall be submitted to the Procurement Services Division either online, by using the Placer County EBid System, or in hard-copy form (see below for instructions). All bids must be submitted prior to the date and time specified in this solicitation. Bids shall be submitted by an employee who is authorized to commit his/her firm or organization to the provisions of the bid. Any exceptions to the specifications, terms, or conditions of this solicitation shall be clearly indicated by bidder.
SUBMISSION OF HARD-COPY BIDS. Bidders who wish to submit bids in hard-copy form in lieu of using the Placer County EBid System shall submit their bids to the Procurement Services Division, 2964 Richardson Drive, Auburn, California, 95603, between the hours of 8:00 am and 5:00 PM (Pacific), Monday through Friday (excluding County holidays). Hard-copy bids shall be submitted in a sealed envelope which clearly identifies the bid number, commodity, and closing date and time. Bids shall be submitted on the bid forms provided by the County, which may be downloaded from the EBid System or obtained from Procurement Services. Hard-copy bids must be signed by an authorized employee of the firm. The County shall not be responsible for bids delivered to a person/location other than that specified herein. Bids shall be in ink or typewritten and all changes and/or erasures shall be initialed and dated in ink. Any exceptions to the specifications, terms, or conditions of this solicitation shall be clearly indicated by bidder, without obliterating the original text or images contained herein.
WARNING: Late bids or unsigned bids shall not be accepted under any circumstances. Facsimile or telephone bids shall not be accepted.
3. AMENDMENTS TO THE BID. Any amendment to this bid is valid only if in writing and issued by the Placer County Procurement Services Division.
REQUESTS FOR CLARIFICATION/INFORMATION. Bidders are instructed to contact the Placer County Buyer/Contact Person(s) specifically identified in this bid for further clarification or information related to the specifications, terms, conditions, or evaluation of this bid. Information provided by other than the named contact person may be invalid, and responses which are submitted in accordance with such information may be declared non-responsive. Additionally, contacts made with other County staff in an attempt to circumvent or interfere with the County’s standard bidding and evaluation practices may be grounds for disqualification of the bidder. Questions should be submitted using the Question tool on the Bids&Tenders site. Questions submitted within four (4) County working days of the bid opening date may not be answered.
4. NON-COLLUSION. The bidder certifies that his bid is made without any previous understanding, agreement or connection with any person, firm or corporation making a bid for the same project and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action.
5. CONFLICT OF INTEREST. Bidder states that no County officer or employee, nor any business entity in which they have an interest, has an interest in the bid awarded or has been employed or retained to solicit or aid in the procuring of the resulting contract, nor will any such person be employed in the performance of such contract.
6. AWARD. The contract may be awarded to the lowest responsible and responsive bidder complying with the provisions of the Invitation for Bid. In determining whether a bid is lowest and responsive, and the bidder responsible, the following may be considered by the County: a) Ability to perform the service required within the specified time; b) Reputation, judgment and experience; c) The quality of performance in previous contracts; d) Previous compliance with laws, as well as employment practices; e) Financial ability to perform the contract; f) The quality, availability and adaptability of the supplies or the contractual services to the particular use required; g) Ability to provide maintenance and service; h) Whether the bidder is in arrears to the County, in debt on contract, is a defaulter on surety to the County or whether the bidder’s taxes or assessments are delinquent; i) The resale value and life cycle costs of the items; j) Such other information as identified in the Purchasing Policy Manual having bearing on the decision to make the award. The award analysis will also include consideration for Local Vendor Preference (per Section 18 below) and any prompt pay discounts offered by the bidder (per Section 19 below). The County reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the County. The County also reserves the right to reject the bid of a bidder who has previously failed to perform properly. The County may award bids by line item, category, or on an all-or-none basis.
7. MERCHANTABILITY. There shall be an implied warranty of merchantability and fitness for an intended use. Any bid submittals taking exception to this requirement may, at the County’s option, be considered non-responsive.
8. SAMPLES. Samples of items, when required, must be furnished free of expense to Placer County and if not destroyed by tests will, upon request, be returned at bidder’s expense. Samples of selected items may be retained for comparison.
9. MANUFACTURER’S NAME AND APPROVED EQUIVALENTS. Unless otherwise specified, manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in a specification are intended only to identify the quality level desired. They are not intended to limit competition. The bidder may offer any equivalent product, which meets or exceeds the specifications. If bids are based on equivalent products, the bids must: 1) Indicate on the bid form the alternate manufacturer’s name and catalog number; 2) Include complete descriptive literature and/or specifications; 3) Include proof that the proposed equivalent shall meet the specifications. The County reserves the right to be the sole judge of what is equal and acceptable. If bidder fails to name a substitute, goods identical to the bid standard must be furnished.
10. INSURANCE AND INDEMNIFICATION. The awarded bidder may be required to provide proof of liability, automobile, and/or workers compensation insurance. If required, the minimum coverage requirements will be identified in the bidding documents. All costs of complying with the insurance requirements shall be included in your pricing. The selected firm shall provide complete and valid insurance certificates within ten (10) days of the County’s written request. Failure to provide the documents within the time stated may result in the rejection of the bid response and/or cancellation of the resulting contract or purchase order.
Unless indemnification requirements are stated otherwise in this solicitation, said requirements shall be as follows: The awarded bidder ("Contractor") hereby agrees to protect, defend, indemnify, and hold Placer County free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character including, but not limited to the amounts of judgments, penalties, interest, court costs, legal fees, and all other expenses incurred by Placer County arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to property (including employees or property of the County) and without limitation by enumeration, all other claims or demands of every character occurring or any way incident to, in connection with or arising directly or indirectly out of, the contract or agreement. The Contractor agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demand, or suit at the sole expense of the Contractor. Contractor also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false, or fraudulent. This provision is not intended to create any cause of action in favor of any third party against Contractor or the County or to enlarge in any way the Contractor’s liability but is intended solely to provide for indemnification of Placer County from liability for 156
damages or injuries to third persons or property arising from Contractor’s performance pursuant to the resulting contract or agreement.
11. FORCE MAJEURE. If an emergency or natural disaster causes delay or interferes with the use or delivery of the products/services described in this bid, deliveries may be suspended as long as needed to remove the cause or repair the damage. An emergency or natural disaster includes fire, flood, blizzard, strike, accident, consequences of foreign or domestic war, or any other cause beyond the control of the parties. The County reserves the right to acquire from other sources any products/services during any suspension of delivery.
12. TAXES. Placer County is exempt from Federal Excise Tax; an exemption certificate will be furnished upon request. Placer County is not exempt from California State sales/use taxes. All applicable State sales/use taxes will be added to the purchase order.
13. DELIVERY. All prices bid must be FOB Destination, unloaded inside and assembled unless otherwise indicated.
14. FIXED CONTRACT QUANTITIES. Purchase order(s) for full quantities will be issued to successful bidder(s) after notification of award and receipt of all required documents.
15. OPEN-END CONTRACT. No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end contract. Estimated quantities/bid ratio or discounts from manufacturer’s list price may be used for bid comparison. The County reserves the right to: issue purchase orders as and when required; or issue a contract for individual agencies or multiple County agencies; or any combination of the preceding. No delivery shall be made without a written order by the County, unless otherwise specifically provided for in the contract. If in a subsequent year the vendor offers to supply his goods and service for the same bid price, or in the event the supplier is willing to negotiate to the satisfaction of Placer County any justifiable price increase prior to the succeeding year’s contract renewal and if the service provided by the supplier was to the satisfaction of the County, the County of Placer reserves the right to extend the period of the resulting contract on a year-to-year basis. Alternatively, the bid solicitation may set forth specific renewal terms. Bidder certifies that prices charged to the County for non-listed commodities or no-fixed price items are equal to or less than those charged the bidder’s most favored customer for comparable quantities under similar terms and conditions.
16. TERMINATION OF CONTRACT. In the event of a material breach of the contractual obligations by the Contractor, the County may terminate the contract. At its sole discretion, the County may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more than 10 working days from notification, or at minimum the contractor must provide the county within 10 working days from notification a written plan detailing how the contractor intends to cure the breach. If the contractor fails to cure the breach or if circumstances demand immediate action, the County will issue a notice of immediate termination.
Supplier Contracts may be terminated by the County without cause upon 30 calendar days’ written notice.
17. NON-APPROPRIATION. In the event that sufficient funds are not appropriated and budgeted for the payment of goods or services described herein, the agreement shall immediately terminate on the last day of the fiscal period for which appropriations were received or other amounts were available to pay the amounts due under the agreement, without penalty or expense to the County of any kind whatsoever, except that the County will be liable for payment of any unpaid invoices for goods or services which were delivered prior to the end of the last fiscal period for which appropriations were made.
18. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT. If any item or service furnished by the vendor fails to conform to bid specifications, or to the sample submitted by the vendor with his bid (if any), or if the vendor fails to deliver the items or perform any services required by the contract in the time and manner prescribed, the County may reject the products and/or services provided. Upon rejection, the vendor must promptly reclaim and remove any rejected items without expense to the County, and shall immediately replace all such rejected items with others conforming to such specifications or samples, and/or correct the service deficiency. If the vendor fails to do so, the County has the right to purchase in the open market a corresponding quantity of the rejected items, or have another firm provide the required service, and to deduct from any monies due the vendor the difference between the price named in the contract or purchase order and the actual cost to the County. If the vendor breaches the contract or purchase order, any loss or damage sustained by the County in procuring items which the vendor therein agreed to supply shall be borne and paid for by the vendor. The rights and remedies of the County identified above are in addition to any other rights and remedies provided by law or under the contract. In any legal proceeding brought to enforce the terms of the herein agreement, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs incurred as a result of enforcing the terms of this agreement.
19. LOCAL VENDOR PREFERENCE. A local preference credit of 5.0% for Placer County businesses will be permitted when evaluating bids for supplies, equipment, materials and services that are not part of a public project. Bidders claiming local vendor preference must submit an Affidavit of Eligibility with their bid, unless an authorized affidavit is already on file with Placer County Procurement. Preference criteria and affidavit forms are available on our website at: https://www.placer.ca.gov/1408/LocalVendor-Preference
20. INVOICES AND PAYMENT TERMS. Invoices are to be mailed to the County department specified on the resulting purchase order or contract. All invoices must include the purchase order or contract number. Failure to comply will result in delayed payments. The County will make payment on a Net 30-day basis unless a cash discount is allowed for payment within the time period specified by vendor. The payment term shall begin on the date the merchandise is inspected, delivered and accepted by the County, or on the date a correct invoice is received in the office specified in the order, whichever is later. Prompt payment discounts shall be considered earned if payment is postmarked or personally delivered within the prescribed term. For the purposes of this section, the beginning date described above shall be considered day zero for the purposes of counting days in the prescribed term. For the purposes of bid evaluation, the County will only consider discount periods of ten (10) days or more. LATE FEES: In accordance with Section 926.10 of the California Government Code, Placer County may pay interest at not more than the rate of 6% per annum on invoices which are unpaid 61 or more days beyond the “beginning date” or “day zero” as defined above. In cases where this policy may conflict with other terms provided by the supplier, this provision shall prevail.
21. LEGAL REQUIREMENTS. Federal, State, County and local ordinances, rules and regulations, and policies shall govern development, submittal and evaluation of bids and disputes about bids. Lack of knowledge by any bidder about applicable law is not a defense.
22. ASSIGNMENT. Any contract awarded shall not be assignable by the vendor without the express written approval of the County, and shall not become an asset in any bankruptcy, receivership or guardianship proceedings.
23. OTHER AGENCIES. The successful vendor shall agree to extend Placer County contract prices and terms to other governmental agencies. Any contract resulting from this requirement shall be executed by the successful vendor and the other agency. Placer County will not be a party to “other agency” contracts.
24. PROTEST AND APPEAL PROCESS. Any actual or prospective bidder or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Director of Administrative Services in the manner prescribed by Section 10.0 of the Placer County Purchasing Policy. The protest shall be submitted in writing to the Director of Administrative Services within seven (7) County business days after such aggrieved person or company knows or should have known of the facts giving rise thereto.
25. RECYCLED PRODUCT PREFERENCE. A preference of 10% will be given to bids for products meeting the definition of recycled product cited in Public Contract Code Sections 22150 - 22154. In order to be granted this preference bidder shall provide statements and/or documentation as supporting evidence that the product(s) meets the definition.
26. PATENT INFRINGEMENT. Supplier shall indemnify and hold harmless County, its agents and employees, against and from any and all actions, suits, liabilities, prosecutions, penalties, settlements, losses, damages, costs, charges, attorney’s fees, and all other expenses which may arise directly or indirectly from any claim that any of the products supplied by supplier infringes any patent, copyright, trade secret, or other property right.
27. VENDOR FINANCIAL STABILITY. If a vendor is currently involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, the vendor must provide the County with that information as part of its bid/proposal. In accordance with Section 3.12(g) of the Placer County Purchasing Policy Manual and paragraph 8.e. of this document, the County may use information regarding a bidder’s financial responsibility when making an award determination.
The County reserves the right to take any action available if it discovers a failure to provide such information to the County, including but not limited to, a determination that the vendor should be declared non-responsible and/or non-responsive, and suspension or debarment of the vendor, in accordance with the processes defined in the Placer County Purchasing Policy Manual.
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By submitting a bid/proposal in response to this solicitation, the vendor agrees that if, during the term of any contract it has with the County, it becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, the vendor will immediately provide the County with a written notice to that effect and that it will provide the County any relevant information requested in order for the County to determine whether the vendor has the financial ability to meet its obligations to the County.
- - End of General Terms and Conditions - -
07/25/2019
I acknowledge that I have the authority to bind the Company and submit this bid on behalf of the Company. - Steve Adair, Regional Sales Manager The Applicant declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Applicant foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
There have not been any addenda issued for this bid.
158
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:5
Agenda Item: Transfer of Surplus Police Radios to El Dorado County Sheriff's Office Executive Summary: With the implementation of the new city-wide radio system, including new mobile radios for the police department; the police department is in possession of older model surplus mobile radios. These mobile radios are not compatible with the new encrypted police channel. The Police Department seeks Council authority to transfer this surplus equipment to the El Dorado County Sheriff's Office. This request is in compliance with City Financial Management Procurement Policy Section 1.10:
Disposition of Surplus, which provides the City Council discretion to donate surplus equipment. The value of this equipment is approximately $25,000.
Requested Action / Suggested Motions: Pass a Resolution authorizing the Police Department to transfer surplus mobile radios to the El Dorado County Sheriff's Officer for the purpose of communication compatibility and interoperability with the new Police Department primary channel.
Responsible Staff Member: Jeff Roberson, Lieutenant
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Surplus Police Radio Donation.docx
2-Resolution 2024 PD Surplus Radios to EDSO.docx
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Council Agenda Report- April 23, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: April 23, 2024
Title: Surplus Police Radios transferred to the El Dorado Sheriff’s Office Location: Police Department
Responsible Staff Member: Jeff Roberson, Police Lieutenant Background: The City of South Lake Tahoe is nearing the completion of a citywide radio system upgrade. That upgrade includes encryption of the primary Police Channel for the purpose of complying with CADOJ bulletin 20-09-CJIS regarding the protection of Criminal Justice Information (CJI) and Personally Identifiable Information (PII).
While the purchase of the new radio system was made with the funding provided by Measure S Sales Tax revenue, the older mobile police radio equipment, mounted in patrol cars was almost entirely paid from Prop 172, Safety Sales Tax. This is a restricted revenue source required to be used specifically for public safety services which includes sheriffs, police, fire protection, county district attorneys, county corrections and ocean lifeguards.
While the City of South Lake Tahoe Police Department deploys the new radio system to comply with this DOJ requirement, the impact on our law enforcement partners in the Tahoe Basin has caused some challenges. The primary challenge is with the El Dorado Sheriff’s Office having transmission capability on the Police Department’s primary radio channel. The equipment currently deployed by the El Dorado County Sheriff’s Department cannot be upgraded to be compatible with our new radio system.
With the new mobile police radio equipment deployed, the City of South Lake Tahoe Police Department is in possession of surplus radio equipment.
Issue and Discussion: The Police Department seeks to provide surplus radio equipment to the El Dorado Sheriff’s Office at no cost for the purpose of interagency communication and interoperability.
The Police Department is in possession of 21 Motorola APX4500 remote radio heads, 23 Motorola APX4500 transceivers, and three Motorola APX6500 transceivers. While additional radio equipment was removed in this citywide upgrade, only these items can be upgraded by the El Dorado Sheriff’s Office for compatibility with our new encrypted radio system.
The value of the listed radio equipment is about $25,000. This equipment will need software and hardware upgrades, done by EDSO, for compatibility; allowing EDSO to broadcast and receive on our primary police frequency.
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Council Agenda Report- April 23, 2024 Page 2 of 3
The ability to have immediate communications with EDSO Deputies in the field is imperative for both agencies, as we are each other’s closest and immediate law enforcement support.
Without this surplus equipment, PD communication with EDSO will require a dispatcher to contact another dispatcher, then broadcast the information to an officer and then again for broadcast verification.
This transfer enhances daily operational awareness between partner agencies as well as emergency interoperability.
The following serialized radio equipment would be transferred to the El Dorado County Sheriff’s Office:
Model Serial Number Model
APX 4500 WKE0VN0C48 PMUN1057B
APX 4500 WKE0VG0CEN PMUN1057B
APX 4500 WKE0VR04QB PMUN1057B
APX 4500 WKE0VG0CJL PMUN1057B
APX 4500 WKE0TU0NX2 PMUN1057B
APX 4500 WKE0VG0CCH PMUN1057B
APX 4500 WKE0VG0CEA PMUN1057B
APX 4500 WKE0RE04LN PMUN1057B
APX 4500 WKE0VR04RH PMUN1057B
APX 4500 WKE0TK0155 PMUN1057B
APX 4500 WKE0VG0CEP PMUN1057B
APX 4500 WKE0VR04RL PMUN1057B
APX 4500 WKE0VR04QR PMUN1057B
APX 4500 WKE0VG0CEM PMUN1057B
APX 4500 WKE0VR04RN PMUN1057B
APX 4500 WKE0VR04RJ PMUN1057B
APX 4500 WKE0VR04Q8 PMUN1057B
APX 4500 WKE0RE04N4 PMUN1057B
APX 4500 WKE0VR04QV PMUN1057B
APX 4500 WKE0VR04R3 PMUN1057B
APX 4500 WKE0VNOC42 PMUN1057B
APX 4500 471CVK0766 M22KSS9PW1AN
APX 4500 471CVZ5452 M22KSS9PW1AN
APX 4500 471CRF6503 M22KSS9PW1AN
APX 4500 471CTP0332 M22KSS9PW1AN
APX 4500 471CTX6283 M22KSS9PW1AN
APX 4500 471CVZ5453 M22KSS9PW1AN
APX 4500 471CRF6505 M22KSS9PW1AN
APX 4500 471CVZ5454 M22KSS9PW1AN
APX 4500 471CVK0767 M22KSS9PW1AN
APX 4500 471CVZ5459 M22KSS9PW1AN
APX 4500 471CVK0768 M22KSS9PW1AN
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Council Agenda Report- April 23, 2024 Page 3 of 3
APX 4500 471CVZ5449 M22KSS9PW1AN
APX 4500 471CVK0772 M22KSS9PW1AN
APX 4500 471CVZ5458 M22KSS9PW1AN
APX 4500 471CVK0773 M22KSS9PW1AN
APX 4500 471CVZ5457 M22KSS9PW1AN
APX 4500 471CVK0769 M22KSS9PW1AN
APX 4500 471CVZ5456 M22KSS9PW1AN
APX 4500 471CVZ5447 M22KSS9PW1AN
APX 4500 471CVK0771 M22KSS9PW1AN
APX 4500 471CVK0765 M22KSS9PW1AN
APX 4500 471CVZ5448 M22KSS9PW1AN
APX 4500 471CVZ5461 M22KSS9PW1AN
APX 6500 527CVK0116 M25KSS9PW1AN
APX 6500 527CPX1943 M25KSS9PW1AN
APX 6500 527CVK0115 M25KSS9PW1AN
Financial Implications: There is no financial impact from the donation of surplus equipment.
Environmental Considerations: This is not a ‘project’ subject to review under the California Environmental Quality Act (CEQA) under CEQA guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies).
Policy Implications: This request complies with The City of South Lake Tahoe Financial Management Procurement Policy section 1.10 Disposition of Surplus:
Surplus property shall be identified by the department; officially declared to the City Council for approval; eliminated from the fixed asset accountability list and; sold at auction or to any organization or non-employee willing to pay fair market price. Alternatively, the City Council may elect to donate or destroy the same in accordance with whatever provision and/or term and conditions at City Council discretion.
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Resolution 2024-XXX April 23, 2024 Page 1 of 3
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
April 23, 2024
Surplus Police Radios Transferred to the El Dorado Sheriff’s Office
BACKGROUND
A. The City of South Lake Tahoe Police Department has upgraded mobile patrol car radios during the citywide radio project.
B. The City of South Lake Tahoe Police Department purchased these older model radios using funds from Prop 172, a funding source dedicated from a public safety sales tax.
C. The Police Department currently has twenty-one older model, APX4500, remote radio heads, twenty-three APX4500 transceivers, and three ASPX 6500 transceivers.
D. Currently the El Dorado Sheriff’s Office has radios that will not be able to transmit on our new radio system with its AES encryption. Providing these radios will enable El Dorado County to transmit and receive on the Police Department’s primary channel.
E. Currently, City of South Lake Tahoe Procurement Policy allows surplus equipment to be transferred with the approval of City Council.
F. It is the intent of the City of South Lake Tahoe Police Department to transfer these older model, APX4500 and APX6500, radios to the El Dorado Sheriff’s Office at no cost for the purpose of interoperability.
G. The value of these used radios is approximately $25,000.
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 the Police Department to transfer the following radio components to the El Dorado County Sheriff’s Office:
Model Serial Number Model
APX 4500 WKE0VN0C48 PMUN1057B
APX 4500 WKE0VG0CEN PMUN1057B
APX 4500 WKE0VR04QB PMUN1057B
APX 4500 WKE0VG0CJL PMUN1057B
APX 4500 WKE0TU0NX2 PMUN1057B
APX 4500 WKE0VG0CCH PMUN1057B
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Resolution 2024-XXX April 23, 2024 Page 2 of 3
APX 4500 WKE0VG0CEA PMUN1057B
APX 4500 WKE0RE04LN PMUN1057B
APX 4500 WKE0VR04RH PMUN1057B
APX 4500 WKE0TK0155 PMUN1057B
APX 4500 WKE0VG0CEP PMUN1057B
APX 4500 WKE0VR04RL PMUN1057B
APX 4500 WKE0VR04QR PMUN1057B
APX 4500 WKE0VG0CEM PMUN1057B
APX 4500 WKE0VR04RN PMUN1057B
APX 4500 WKE0VR04RJ PMUN1057B
APX 4500 WKE0VR04Q8 PMUN1057B
APX 4500 WKE0RE04N4 PMUN1057B
APX 4500 WKE0VR04QV PMUN1057B
APX 4500 WKE0VR04R3 PMUN1057B
APX 4500 WKE0VNOC42 PMUN1057B
APX 4500 471CVK0766 M22KSS9PW1AN
APX 4500 471CVZ5452 M22KSS9PW1AN
APX 4500 471CRF6503 M22KSS9PW1AN
APX 4500 471CTP0332 M22KSS9PW1AN
APX 4500 471CTX6283 M22KSS9PW1AN
APX 4500 471CVZ5453 M22KSS9PW1AN
APX 4500 471CRF6505 M22KSS9PW1AN
APX 4500 471CVZ5454 M22KSS9PW1AN
APX 4500 471CVK0767 M22KSS9PW1AN
APX 4500 471CVZ5459 M22KSS9PW1AN
APX 4500 471CVK0768 M22KSS9PW1AN
APX 4500 471CVZ5449 M22KSS9PW1AN
APX 4500 471CVK0772 M22KSS9PW1AN
APX 4500 471CVZ5458 M22KSS9PW1AN
APX 4500 471CVK0773 M22KSS9PW1AN
APX 4500 471CVZ5457 M22KSS9PW1AN
APX 4500 471CVK0769 M22KSS9PW1AN
APX 4500 471CVZ5456 M22KSS9PW1AN
APX 4500 471CVZ5447 M22KSS9PW1AN
APX 4500 471CVK0771 M22KSS9PW1AN
APX 4500 471CVK0765 M22KSS9PW1AN
APX 4500 471CVZ5448 M22KSS9PW1AN
APX 4500 471CVZ5461 M22KSS9PW1AN
APX 6500 527CVK0116 M25KSS9PW1AN
APX 6500 527CPX1943 M25KSS9PW1AN
APX 6500 527CVK0115 M25KSS9PW1AN
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Resolution 2024-XXX April 23, 2024 Page 3 of 3
Adopted by the City of South Lake Tahoe City Council on April 23, 2024 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Cody Bass, 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.
165
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:6
Agenda Item: 2024 Memorandum of Understanding with Lake Tahoe Unified School District to Fund the Park Ranger Coordinator Program
Executive Summary: The City and Lake Tahoe Unified School District (LTUSD) entered into a Memorandum of Understanding (MOU) on June 28, 2022 for the City to receive pass-through grant funds awarded to LTUSD from the LTUSD Strong Workforce Program Grant (Grant Award) to provide work-based learning opportunities. The MOU obligated the City to recruit, hire, train and manage the park ranger program for two summers beginning in 2022. This included up to $67,000 to fund the cost of a Park Ranger Coordinator for two summer seasons. The funding received through reimbursement was based on actual hours worked. The $67,000 was not fully spent by the end of the summer season of 2023 to support the Park Ranger Coordinator salary. As such, LTUSD agreed to enter into a new MOU to allow for the City to use remaining funds up to $21,000 to support the salary of a Park Ranger Coordinator from January 1, 2024 through May 30, 2024 before the Grant Award term expires.
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute a 2024 Memorandum of Understanding (MOU) with the Lake Tahoe Unified School District and accepting $21,000 of additional grant funds to support funding a Park Ranger Coordinator position for the period of January 1, 2024, through May 30, 2024, from the remaining funds from the 2022 MOU.
Responsible Staff Member: John Stark, Director of Parks & Recreation Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - LTUSD MOU for Park Ranger Coordinator.docx 02-Resolution - MOU with LTUSD.docx
03-MOU with LTUSD (Exh. A to Reso).docx
04-C-138-2022 LTUSD MOU.pdf
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Council Agenda Report- April 23, 2024 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: April 23, 2024
Title: Memorandum of Understanding with Lake Tahoe Unified School District to fund the Park Ranger Coordinator Program
Location: Citywide
Responsible Staff Member: John Stark, Director of Parks & Recreation Background: The City and Lake Tahoe Unified School District (LTUSD) entered into a Memorandum of Understanding (MOU) on June 28, 2022, for the City would receive pass-through grant funds awarded to LTUSD from the LTUSD Strong Workforce Program Grant (Grant Award) to provide work-based learning opportunities. The MOU obligated the City to recruit, hire, train and manage the park ranger program for two summers beginning in 2022. This included up to $67,000 to fund the cost of a Park Ranger Coordinator for two summer seasons. The funding received through reimbursement was based on actual hours worked. The $67,000 was not fully spent by the end of the summer season of 2023 to support the Park Ranger Coordinator salary. As such, LTUSD agreed to enter into a new MOU to allow for the City to use remaining funds up to $21,000 to support the salary of a Park Ranger Coordinator from January 1, 2024 through May 30, 2024 before the Grant Award term expires.
Issue and Discussion:. The 2024 MOU would provide the City up to $21,000 to be provided by LTUSD to the City to reimburse the City for Park Ranger Coordinator salary for the period of January 1, 2024 through May 30, 2024 from the remaining funds of the Grant Award.
Financial Implications: The City would be reimbursed for actual Park Ranger Coordinator hours worked up to $21,000 for the period of January 1, 2024, through May 30, 2024. These funds would be deposited to the Parks Local Grants account 100-04170-33320.
Environmental Considerations: The proposed action accepting grant funds is not a “project” under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) because it is a continuing administrative or maintenance activity such as purchases for supplies and personnel-related actions.
Policy Implications: The acceptance of Grant Funding for the Park Ranger Coordinator position meets Strategic Priority 2 Recreation and Equitable Access, Goal 2: Elevate the recreation experience provided by the City to attract visitors and residents. 167
Resolution 2024-XXX April 23, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
April 23rd, 2024
Authorizing Acceptance of $21,000 Grant from the Lake Tahoe Unified School District designated for the Park Ranger Coordinator
BACKGROUND
A. In Summer 2021 the City collaborated with Lake Tahoe Unified School District (LTUSD), Lake Tahoe Community College (LTCC), and Sierra Nevada Alliance (SNA) to implement a pilot program on city parks and beaches called the Youth Ambassador Program.
B. In Fall 2021 the City and LTUSD established a park ranger program to replace the ambassador program and integrate the program into the City Parks and Recreation Services as part of a workforce development strategy.
C. On January 1, 2022 LTUSD was awarded a Strong Workforce grant in the amount of $688,220 to develop concentrator and completer course for the CTE Forestry and Natural Resources Pathway to attract more diverse student enrollment by use of varied learning experiences. CSLT is a collaborative partner in the grant award and partners with South Tahoe High School to provide work-based learning opportunities by offering full-time seasonal jobs as Park Stewards.
D. On August 9, 2022 the City and LTUSD entered into a Memorandum of Understanding to continue the Park Ranger Program including authorizing $67,000 of pass through grant funding toward the Park Ranger Program Coordinator salary.
E. On September 3, 2022 El Dorado Community Foundation offered the City a $20,000 cash donation designated to help sustain the Park Ranger Program.
F. On October 4, 2022 City Council authorized acceptance of the $20,000 cash donation designated to help sustain the Park Ranger Program for 2022-2023 period.
G. On June 13, 2023 El Dorado Community Foundation offered the City a grant in the amount of $20,000 designated to sustain the Park Ranger Program for 2023-2024 period. 168
Resolution 2024-XXX April 23, 2024 Page 2 of 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. Authorizes and directs the Mayor to execute the Memorandum of Understanding with the Lake Tahoe Unified School District, attached hereto as Exhibit “A”, to allow for the City to use remaining funds up to $21,000 to support the salary of a Park Ranger Coordinator from January 1, 2024, through May 30, 2024 before the Grant Award term expires.
2. Authorizes the City to amend FY 23/24 budget and accept LTUSD grant in the amount of $21,000 into the Parks Maintenance account 100-04170-33320 (Local Grants) designated to fund the Park Ranger Coordinator salary from January 1, 2024 through May 30, 2024.
Adopted by the City of South Lake Tahoe City Council on April 23, 2024 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Cody Bass, 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.
169
MEMORANDUM OF UNDERSTANDING
This Agreement (hereinafter the "Agreement") is entered into on March 26, 2024, between the City of South Lake Tahoe (hereinafter "CSLT") and the Lake Tahoe Unified School District (hereinafter "LTUSD") (each a "Party" and collectively the "Parties") at South Lake Tahoe, California, with reference to the following facts and intentions:
Section 1.
Recitals:
A. Effective January 1, 2022 Lake Tahoe Unified School District (LTUSD) entered into a Grant Agreement with Butte-Glenn Community College District (District) through the K-12 Strong Workforce Program, North Far North Regional Consortium.
B. The District is designated as the Regional Consortium Fiscal Agent for the purpose of implementing the K-12 Strong Workplace Program and is responsible to distribute funding and monitor sub-grants.
C. LTUSD is the lead applicant (grantee) in the Strong Workforce grant. The purpose of the funds is to help South Tahoe High School to develop a concentrator and completer course for the CTE Forestry and Natural Resources Pathway to attract more diverse student enrollment by use of varied learning experiences. Courses will include outdoor activities that expose students to the beauty of nature, emphasize minimizing recreational impacts on the environment, and field methods and training for growing occupations like foresters, fire prevention specialists, and environmental planners. These courses will integrate outdoor activities to make learning engaging and accessible to support student achievement.
D. Period of Performance of the Grant Award commenced on January 1, 2022, and expires on June 30, 2024. Total amount of funds made available for work performed under the grant agreement is $67,000.
E. CSLT is a collaborative partner in the grant award and will partner with South Tahoe High School and the US Forest Service to provide work-based learning opportunities by offering full-time, seasonal jobs. CSLT Parks and Recreation Department will hire students as Park Stewards to help manage public parks and interact with the public by sharing stewardship messages.
F. In a Memorandum of Understanding between the Parties executed on June 28, 2022, LTUSD provides CSLT a total of one-time funding of $43,572 through the grant award to fund a temporary seasonal full-time program coordinator to recruit and supervise work-based learning. This was a five-month position over two years (2022 and 2023). The one-time funding amount represented $22,572 paid for hours worked by the temporary seasonal full-time program coordinator, as billed by the City of South Lake Tahoe to LTUSD, from June 2022 through August 2023.There is up to $21,000 available to be reimbursed for the Park Ranger Coordinator salary for the period of January 1, 2024 to May 30, 2024.
170
G. The Parties desire to enter into this Memorandum of Understanding (2024 MOU) so that CSLT may use this funding from the Grant Agreement of $21,000 to hire a Park Ranger Coordinator for the period of January 1, 2024, through May 30, 2024.
In reliance upon the recitals set forth above, and in consideration of the mutual promises herein exchanged, both agencies agree as set forth below.
Section 2.
CSLT Agrees:
A. To collaborate with LTUSD as reasonably required to carry out the purposes of this Agreement.
B. To collaborate and coordinate with LTUSD and all agency partners in the implementation of the project.
C. To provide matching fund documentation by way of a signed letter following the Strong Workforce Program matching funds letter template.
D. To hire a program coordinator to carry out the tasks as detailed in the attached Scope of Work.
E. To provide project reporting by July 31st of 2024. Reporting will be provided in writing to the South Tahoe High School CTE Coordinator.
F. To provide a monthly invoice for reimbursement along with copies of all back up documentation to substantiate eligible expenses as per requirements in this agreement.
I. To oversee the progress and completion of the Project per the attached Scope of Work.
J. To comply with all applicable Federal, State, regional, and local laws, codes, ordinances, and regulations in carrying out the deliverables under this Agreement.
K. To furnish John Stark, Parks and Recreation Director, or his designee, to carry out the duties for the CSLT as described above.
L. To coordinate its project activities and provide copies of all documentation produced to satisfy this agreement.
M. To send the necessary invoices to:
Sierra Soleta
Lake Tahoe Unified School District
1021 Al Tahoe Blvd.
South Lake Tahoe, CA 96150
Tel: (530) 541-2850 ext. 1042
e-mail: [email protected]
171
Section 3.
LTUSD Agrees:
A. To collaborate with CSLT as reasonably required to carry out the purposes of this Agreement.
B. To perform all work and requirements set forth in Exhibit A of the executed grant agreement.
C. To submit all progress and fiscal reporting as outlined in Exhibit B of the executed grant agreement.
D. To reimburse CSLT for the above referenced expenses in a timely manner, in accordance with this agreement no more frequently than monthly in a total amount not to exceed $21,000.
E. To oversee completion of project in accordance with this agreement and to the satisfaction of the deliverables outlined in the attached grant agreement.
Section 4.
It is Mutually Agreed:
A. Each party shall indemnify and hold harmless the other party, 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 the party'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 other party. Each party agrees to defend the other party from and against any and all losses, damages, claims costs and fees arising out of that party's negligent acts, errors, omissions, regarding this Agreement, and that party's work under this Agreement, or the Scope of Work.
B. Insurance Requirements. Program Participants (CSLT and LTUSD will each carry and maintain in force during the full Term of the Agreement:
1. Commercial General Liability Insurance. Comprehensive commercial general liability insurance or self-insurance of not less than two million dollars ($2,000,000) general aggregate, and one million dollars ($1,000,000) for each occurrence for bodily injury, property damage and personal injury,
2. Automobile Liability Insurance. Business automobile coverage of not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.
172
3.Workers' Compensation and Employers' Liability. Workers' compensation in an amount not less than that required by applicable statute, and employers' liability insurance of not less than one million dollars ($1,000,000) for each accident.
C. This Agreement contains all of the agreements and warranties of the parties with respect to any matter covered or mentioned in this Agreement. No prior agreements, arrangements or understandings pertaining to such matters shall be effective for any purpose. No provision of this Agreement may be amended or added to except by an agreement in writing signed by each party or each party's successor in interest.
D. Any provision of this Agreement which proves to be invalid, or illegal, shall in no way affect, impair or invalidate any other provisions of this Agreement, and such other provisions shall remain in full force and effect.
E. Each party warrants to each other that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the effective date of this Agreement.
F. In the event of a dispute over the interpretation, implementation, or terms of this Agreement any such dispute shall be resolved by binding arbitration between the parties under the California Arbitration Act (Code of Civil Procedure Section 1280 et seq). Any such arbitration shall be conducted in South Lake Tahoe, California. If the parties cannot agree on an arbitrator, one will be selected by Assistant Presiding Judge Michael J.
McLaughlin of the El Dorado County Courts, or his successor.
G. This Agreement may be terminated by either party, with or without cause, on ninety (90) days written notice to the non-canceling party.
H. The performance period of this Agreement shall be from the date this Agreement is fully executed through June 30, 2024, which is the end of the grant agreement period of performance.
I. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.
J. Each party shall retain or caused to be retained for access for audit, examinations, excerpts, and transcripts all financial and programmatic records, supporting documents, statistical records, or other records which are required to be maintained under the terms of the Agreement for a period of three (3) years from the date of submittal of the final invoice.
173
Section 5.
Notice provision for LTUSD /CSLT:
All notices required to be given under this Agreement shall be sent first class mail, return receipt requested to the following:
For LTUSD
Alan Reeder
Associate Superintendent
Lake Tahoe Unified School District
South Lake Tahoe, CA 96150
[email protected]
For CSLT
John Stark
Parks and Recreation Director
City of South Lake Tahoe
South Lake Tahoe, CA 96150
[email protected]
LAKE TAHOE UNIFIED SCHOOL DISTRICT
BY: DATED:------
CITY OF SOUTH LAKE TAHOE
BY:
DATED:------
174
ATTACHMENT A
SCOPE OF WORK
1. Hire a Program Coordinator to:
• assist in the development and implementation of program goals, objectives, policies and priorities.
• plan, organize and coordinate park ranger program.
• select, supervise, train, and evaluate assigned student staff. • draft report at the end of each employment season. Report will highlight program progress applying metrics and identify program weaknesses and recommendations for program improvements. Present report findings to LTUSD staff. • provide program budget to LTUSD for review at the end of each season. • coordinate with park rangers and stewards to track metrics for the program. • assist in developing a training program for park stewards and park rangers.
2. Provide equipment for the coordinator, park rangers and park stewards to support them in successfully conducting the work and to protect their safety. 175
176
177
178
179
180
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C-138-2022 LTUSD MOU
Final Audit Report 2022- 08-17
Created: 2022- 08-17
By: jo Mcdonough ( jmcdonough@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAILc6UXvy5xR7amYZQKO7KLuZVeQ5BDEW C-138-2022 LTUSD MOU" History
Document created by jo Mcdonough ([email protected]) 2022- 08- 17 - 10:49:34 PM GMT- IP address: 128. 92.136. 146 Document emailed to [email protected] for signature 2022- 08- 17 - 10:50:14 PM GMT
Email viewed by dmiddlebrook@cityofslt. us
2022- 08- 17 - 10:52:22 PM GMT- IP address: 66.189. 255. 213 Signer [email protected] entered name at signing as Devin Middlebrook 2022- 08- 17 - 10:52:32 PM GMT- IP address: 66.189. 255. 213 Document e-signed by Devin Middlebrook ([email protected]) Signature Date: 2022- 08-17 - 10:52:33 PM GMT - Time Source: server- IP address: 66.189. 255. 213 Agreement completed.
2022- 08- 17 - 10:52:33 PM GMT
182
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:7
Agenda Item: Public Works Department Annual Report 2023 Executive Summary: The Public Works Department has completed our third Annual Report for 2023.
Requested Action / Suggested Motions: Receive and File.
Responsible Staff Member: Anush Nejad, Director of Public Works Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Annual Report 2023.docx
02- Annual Report 2023.pdf
183
Council Agenda Report April 23, 2024 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: April 23, 2024
Title: Public Works Department Annual Report 2023
Location: Public Works
Responsible Staff Member: Anush Nejad, Director of Public Works – (530) 542-6031 Background: This is the third annual report prepared by the Public Works Department, summarizing the Department’s accomplishments in 2023.
Issue and Discussion: The Public Works Department has managed several major design and construction projects. To improve performance and reporting to the public, the department purchased new snow equipment and a GPS tracking system. The Department also hired two new Associate Engineers to deliver the Capital Improvement Program projects. A significant number of departmental goals were accomplished, as outlined in the attached 2023 Annual Report.
Financial Implications: None
Environmental Considerations: Not a project. This is an annual report is not subject to review under the California Environmental Quality Act (CEA) under CEQ Guiles section 15378 (b) (2) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment).
Policy Implications: This report is a benchmark for future annual activities and goals. 184
Annual Report 2023
PUBLIC WORKS
185
Public Works Department
Annual Report 2023
AdministraƟon
Fleet Services
FaciliƟes Maintenance
Streets/Snow Maintenance
Stormwater
Airport
Capital Improvement Program
Engineering
186
The Public Works Department core services consist of
several Divisions: AdministraƟon, Engineering, Storm
Water Management, FaciliƟes, Streets/Snow, Fleet Services and Airport.
These operaƟng divisions provide core services in support of the City’s strategic iniƟaƟves, including: capital project implementaƟon, storm water management,
compliance with municipal storm water discharge
permit, roadway maintenance, snow removal, road
rehabilitaƟon, maintenance of faciliƟes, preservaƟon of City faciliƟes, provision of safe public spaces, and fleet services supporƟng City operaƟons. These services support other Departments, including Police, Fire, Parks and RecreaƟon and Airport.
The Public Works Department is funded through mulƟple funding sources including the General Fund, Gas Taxes, State and Federal Grants, Assessment Districts, Permits and InspecƟon fee revenues. Grant funding over the last several years has helped to offset costs and reduce the Department’s general fund budget. While grants have significantly helped offset the cost of implemenƟng priority capital improvement projects, the Public Works Department is also focused on determining asset maintenance needs and evaluaƟng funding opƟons for infrastructure repair as a strategic priority.
187
2023‐24 Org Chart
188
Public Works AdministraƟon
Supports all Divisions within the Public
Works Department and is usually the
first contact with ciƟzens. In 2023, PW
AdministraƟon received 1,158 service
requests through the asset management
program.
PW AdministraƟon is also accountable
for fiscal oversight including budget
preparaƟon, franchise agreements, procurement, clerical support, human resources requirements, regulaƟon of CFR 49 for employees with Commercial Driver’s License, DMV Pull NoƟce Program, Random Alcohol Drug TesƟng Program
and liaison to other agencies, joint powers, coaliƟons, advisory commiƩees, and task forces.
Administration Anush Nejad
189
Phil Harwood is the Maintenance
Manager responsible for the Fleet
Services.
Fleet Services recorded 9,909
hours maintaining 397 vehicles
and pieces of equipment. Two
fuel sites are in operaƟon and
76,639 gallons of gas were dispensed for city vehicle usage. Fleet installed new
bolt on cutoff gates
versus welded on cutoff gates on all older
graders. This reduced
the equipment downtown by 70%.
Thirty-three new vehicles and equipment
were purchased and
received into the City’s
fleet for a total of
$5,395,048.
Fleet Services—Phil Harwood
190
191
In 2012, the City of South Lake Tahoe, Fleet Services earned the Blue Seal of Excellence from the NaƟonal InsƟtute for AutomoƟve Service Excellence and has maintained the award for 12 years. 192
Travis Shindelbower is the
Maintenance Manager responsible for the FaciliƟes Maintenance.
The FaciliƟesMaintenance OperaƟons performs a variety of maintenance services to repair,
replace, develop, and maintain
along with management of contractors and services for the City’s various faciliƟes and assets, including city buildings, Airport, walkway and parking lot lighƟng,
underground pumps at Colorado
Court and other infrastructure.
The Division maintains 51 separate properƟes for a total 472,209 square feet citywide.
The FaciliƟes team receive requests for moving furniture to minor repairs to major repairs.
This picture depicts typical upgrades in City FaciliƟes, including electrical and flooring repairs at
Lakeview Commons concession
building.
Facilities Maintenance—Travis Shindelbower
193
Facilities Maintenance
Throughout 2023 many projects were completed on City faciliƟes:
Procured contractors for repairs and updates on snowmelt systems at Stateline Transit Center and Parking Garage.
Installed Pelican smart thermostats at several faciliƟes to help with energy savings and early detecƟon of faults.
Replaced bay heaters at 7 faciliƟes.
Worked with contractors, School District, Liberty and others to stage a temporary warming room at the middle school.
Built modular gas shelters around gas meters throughout the City to protect them from winter weather.
Helped manage and facilitate the City parking garage rehabilitaƟon and retrofit. Assisted contractors with radio infrastructure installs. HVAC replacements at Ice Arena, Senior Center, PD, TTD Maintenance shop, FS 2, FS3 and others.
194
Facilities Maintenance
Pumped and divert ed flooding stormwater from Ice Arena, Rec Center, Motor Pool and other faciliƟes.
RooŌop snow removal at 14 city faciliƟes.
Replaced 7 busted coils in heaƟng system at Rec Center. Repaired the ceilings, walls and floors. Repaired heat tape on 20+ city faciliƟes.
Replaced Main circulaƟon pump for
HVAC at Stateline Transit Center.
Made repairs and updates on snowmelt system at Stateline Transit and Parking Garage. Painted the interior and upgrade lighƟng at fleet services facility.
Replaced failed car charging staƟon.
Emergency electrical repairs at Parks and
Streets corporaƟon yards.
Assisted with Dark Sky walkway lighƟng
retrofits.
Heavy maintenance at the Rec Center
Pool, new backwash valves, replacement
of filter media, boiler booster pump, repair leaking plumbing, upgrade pool area lighƟng and others.
195
Troubleshoot and repaired walkway
lights throughout the City and replace damaged poles and fixtures. HVAC repairs at nearly all faciliƟes
with contractor assistance and inhouse staff.
Roof rehab at FS 3.
Install clock heater charging infrastructure for new and exisƟng snow removal equipment at motor pool
and streets corporaƟon yards.
Facilities Maintenance
196
Facilities Maintenance
All Hands on for Snow Removal
Facility Maintenance Employees help in snow removal operaƟons. When storms arrive, 3 Facility employees join the snow removal operaƟons team to help clear approximately 256 miles of city roadway.
197
Jerry Heath is the Maintenance
Manager responsible for the
Streets and Snow OperaƟons.
Street Maintenance provides
maintenance for 259 lane miles
of road, maintains over 7,700
signs and post markers, inspects
cleans and maintains 2,000+
drainage inlets, vaults, infiltraƟon
In 2023, 13,937 square feet of roadway was
patched with 121 tons of hot asphalt.
90,000 lbs. of cold patched were used to fill
potholes.
Flashing stop signs were installed on Tahoe
Keys Blvd & Washington.
Flashing cross walk signs were installed on
Lake Tahoe Blvd & Julie.
Six speed bumps installed on Lakeview Avenue and removed for the winter season. Digital speed limit signs were installed on
Lakeview Ave.
Three new stop signs were installed on
Springwood & Silver Dollar.
Street Maintenance—Jerry Heath
198
The City of South Lake
Tahoe Council recognized Pride Month and
voted to paint certain
sidewalks with pride
recogniƟon colors.
A crosswalk was painted for
Pride Month and a Red,
White and Blue Bike Path.
A 75’ trench was dug
to complete the electrical for the block
heaters at Rufus Allen.
In 2023, there were
10,288 staff Ɵme hours
for snow removal and
sanding.
Street Maintenance/Snow Removal
199
Stormwater—Jason Burke
Jason Burke was responsible for the City’s Stormwater Management Program in 2023, ensuring compliance with the NaƟonal Pollutant Discharge EliminaƟon System (NPDES) Tahoe Municipal Permit for Stormwater/Urban Runoff Discharges from the City of South Lake Tahoe.
The City completed maintenance on several stormwater basins and ditches. Before winter, each stormwater basin in the City of South Lake Tahoe was surveyed to determine maintenance needs, including but not limited to vegetaƟon and sediment removal around inlets/ outlets, debris removal, trash cleanup, and erosion control work. 200
Stormwater
The Lake Tahoe Total Maximum Daily Load (TMDL) requires that the City achieve specific reducƟons of fine sediment and nutrient parƟcles in urban runoff to restore and protect the clarity of Lake Tahoe. The City is on track to comply with the milestones to demonstrate compliance with the required reducƟons as shown in the Lake Clarity CrediƟng Program. Through modeling and field inspecƟons, credits are registered to verify the effecƟveness of street sweeping and stormwater treatment systems from prevenƟng sediment and nutrients from entering the lake. For 2023, the City exceeded the target of 521 credits, securing a total of 586 credits. This puts the City in a strong posiƟon to meet the target of 647 credits by September 30, 2024.
201
Airport
Airport completed Phase Two (2) of the Hangar Lane Project, which has helped our hangar tenants with moving aircraŌ around the airport.
202
Airport
• The Airport conƟnues to work with CalFire to remove trees from the airport, this has helped to saƟsfy Caltrans and FAA needs for navigable airspace.
• The BLM Fuels reducƟon project is sƟll taking place and should be completed by June 2024.
• Master Plan grant was awarded to the Airport in October of 2024 and phase 1 has begun.
203
Pavement Maintenance Grant with the FAA has been applied for and awaiƟng Grant approval for crack seal, seal coat and paint. This project should take place in June
2024.
Kelli Durocher was hired as our new AdministraƟon
Assistant for the Airport in 2023.
Airport
204
Public Works Department hired a new ConstrucƟon/FaciliƟes Program Manager Ricky Riddle. He will be providing City ConstrucƟon RepresentaƟon for the new RecreaƟons/AquaƟc Cetner, CoordinaƟng with City FaciliƟes Staff on all projects.
The city has implemented a true cohesive team oriented approach to the establishment of our current capital improvement program. This has been accomplished through the uƟlizaƟon of soŌware (EasyCIP) in conjuncƟon with a mulƟtude of cross department meeƟngs to ensure that all of the City’s current and upcoming/future improvement needs can be met to their fullest potenƟal.
Capital Improvement Program —Ricky Riddle
205
Most oŌen, projects are forwarded to the team by a sponsoring department or division. Being aware that there are always more project proposals submiƩed than can be funded within the annual budget, the CIP Development team conducts a project ranking process. While project rankings are important in determining recommended prioriƟes, the realiƟes of the City’s financial situaƟon are criƟcal to all decisions. All projects are scored numerically for a total score. The total score then is mulƟplied by a risk analysis score which provides the final project ranking occur.
Scoring Criteria:
Strategic PrioriƟes
Built Environment
RecreaƟon and Equitable Access
Community for All
Economic Development
ConƟnuous Improvement
Program Criteria
CriƟcal Replacement
Health and Safety
General and Area Plan Impact
Regulatory Compliance
Sustainability
Return on Investment Criteria
Visual Impact
Savings to OperaƟng Costs
Direct Revenue GeneraƟon
Indirect Revenue GeneraƟon
Cost Avoidance
Risk Analysis
Risk impact of failure
CIP
206
CIP
207
CIP
208
Stan Hill is the Engineering Manager for Public Works Department. Engineering Department is responsible for implementaƟon of Capital Improvement Program and applying for grant funds.
The following are some of accomplishments of the Engineering Department in 2023.
The 2023 Road RehabilitaƟon Project included pavement resurfacing of Ski Run Blvd, Julie Ln, Margaret Ave, Dedi Ave, Delta St, B St, Tata Ln, and F St.
Project work included new asphalt concrete paving, reseƫng uƟlity casƟngs to grade, and new pavement striping.
Engineering—Stan Hill
2023 Road Rehab
209
The City received a grant for over $1 million to implement urban flood protecƟon measures for the Barton Avenue and 2nd Street Drainage Project that was implemented in 2023. The Project constructed low impact development stormwater improvements to address localized flooding and urban runoff polluƟon. The project included stabilizing road shoulders with permeable pavers and concrete curbs to protect bare soils and direct runoff to drain inlets and sediment traps. The stormwater is conveyed via underground storm drains to a treatment basin planted with naƟve vegetaƟon. Stormwater is eventually conveyed from the water quality treatment basin to an ouƞall located adjacent to Johnson Meadows in the Upper Truckee River floodplain.
Barton Avenue and 2nd Street Drainage Project
Flooding the Winter Before Project
Winter AŌer Project Improvements
Ouƞall Adjacent to Johnson Meadows
Engineering
210
Late 2023 construcƟon start of the Tahoe
Valley Stormwater and Greenbelt Improvement Project, Phase 1 due to overly wet condiƟons, included installaƟon of new
storm drain and water quality basins in the
Bonanza neighborhood. This phase also
consists of stormwater improvement work
downstream of James Avenue at 3rd Street
to Tahoe Keys Blvd. ImplementaƟon of
Tahoe Valley Stormwater
and Greenbelt Improvement
Project, Phase 1
James and Eloise Pipe
Replacement, Phase 1
CompacƟng backfill aŌer pipe
installaƟon
Installing storm drain pipe
The City has replaced approximately 250 feet
of failing corrugated metal pipe storm drain
with 42” High Density Polypropylene Pipe
from Emerald Bay Road to James Avenue. The
City will conƟnue to replace the remainder of
this failing pipe run from James Avenue to the
detenƟon basin on Eloise Avenue in the
summer of 2025.
Engineering
211
Caltrans ATP Pioneer Trail Ped Improv PH 2 $1,200,000
Caltrans STBG Pioneer Trail Ped Improv PH 2 $ 420,000
Caltrans CMAQ Pioneer TR. Ped Improv PH 2 $ 300,000
Caltrans HIP Pioneer Trail Ped Improv PH 2 $ 111,000
Caltrans STBG Pioneer Trail Ped Improv PH 2 $ 606,000
Caltrans CMAQ Pioneer Trail Ped Improv. PH 2 $1,468,000 Caltrans HSIP (ZS30) Pioneer Trail Edna St.— Safety $ 49,500 Caltrans HSIP Pioneer Trail Edna St.—Safety $ 103,590
CA Tahoe Conversancy Tahoe Valley Greenbelt $ 375,000
CA Tahoe Conversancy Tahoe Valley Greenbelt $ 725,000
CA. Tahoe Conversancy Tahoe Valley Greenbelt $ 550,000
State Water Resource Tahoe Valley Greenbelt $6,922,904
CA Conservancy Tahoe Valley Greenbelt $1,000,000
LTRA (TRPA) Tahoe Valley Greenbelt $ 725,000
State CA HCD Bijou Connector Trail $ 977,000
USFS LT Basin Mngt Unit Bijou Park Creek RestoraƟon $ 1,750,000 CA Natural Resources 2nd Street Stormwater $1,289,822
CA Tahoe Conservancy Dennis Machida Greenway—1c $1,000,000 USDOT/FHWA Vision Zero AcƟon Plan $200,000
TOTAL $19,977,816
Engineering: Active Grants
212
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:8
Agenda Item: Ordinance - Prezoning and Amendment of City Code Chapter 6.55, Article II (Plan Area Maps and Statements) for Cleanup Annexation Scenario (Second Reading) Executive Summary: On March 26, 2024, the South Lake Tahoe City Council passed a motion to hold first reading (by title only) of an Ordinance pre-zoning 90 parcels located within the City Sphere of Influence in El Dorado County for subsequent annexation of such properties and amending South Lake Tahoe City Code Title 6, Chapter 6.55, Article II (Plan Area Maps and Statements), and refer second reading and adoption to April 23, 2024.
Requested Action / Suggested Motions: Pass an Ordinance approving the prezoning of 90 parcels located within the City Sphere of Influence in El Dorado County for subsequent annexation of such properties and amending South Lake Tahoe City Code Title 6, Chapter 6.55, Article II (Plan Area Maps and Statements)
Responsible Staff Member: John Hitchcock, Planning Manager Reviewed and Approved By: Zachary Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01 - Staff Report - Clean Up Area Annexation.docx
02 - Annexation Map Cleanup Area
03 - Ownership by Property Owner Map
04 - TRPA PAS Land Use Zoning Designations
05 - Pre-Zone Land Use Designations
06 - Chapter 6.55 Ordinance Redlined
07 - Ordinance Annexation of 90 Parcels Second Reading
08 - City Council Resolution 2024-040 General Plan Amendment 09-City Council Resolution 2024-041 Annexation Initiation.pdf 10 - Proof of Mailing
11 - Tribune Public Notice.pdf
12 - Planning Commission Resolution 2023-016
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City Council Report April 23, 2024 1 of 5
City of South Lake Tahoe
Report to City Council
Meeting Date: April 23, 2024
Title: Ordinance - Prezoning and Amendment of City Code Chapter 6.55, Article II (Plan Area Maps and Statements) for Cleanup Annexation Scenario (Second Reading) Location: Unincorporated area adjacent to Sierra Tract and Barton Memorial Hospital Responsible Staff: John Hitchcock, Planning Manager
Background: Annexation is a process under California law (the Cortese-KnoxHertzberg Local Government Reorganization Act of 2000) for incorporated cities to add land to the area within their jurisdictional boundaries. The purpose of this law is “to encourage the orderly growth and development which are essential to the social, fiscal, and economic well-being of the state.” Cal. Gov’t Code section 56001. The California Legislature has also found that “a single multipurpose governmental agency is accountable for community service needs and financial resources and, therefore, may be the best mechanism for establishing community service priorities, especially in urban areas.” (Cal. Gov’t Code section 56001).
On June 6, 2023, the City Council discussed five annexation scenarios and provided direction to staff. The City Council passed a motion to pursue the “Cleanup Annexation Scenario,” which encompasses the Tahoe Valley Campground and parcels adjacent to the City’s jurisdictional boundary southeast of the Sierra Tract and Barton Memorial Hospital (see Attachment 02, Annexation Area). The City Council also directed staff at that time to move forward with the “Heavenly Annexation Scenario,” which was subsequently expanded by Council direction on November 7, 2023, to include a larger area and will be on a future City Council agenda.
The City is pursuing the annexation of these areas to provide more efficient public services. The annexation area currently receives municipal services from El Dorado County and Lake Valley Fire Protection District but is geographically isolated—an island separated from the habitable portions of El Dorado County. If the annexation is approved, the City will provide core services, including street maintenance, snow removal, police, fire protection, and emergency response.
No development project is being proposed with this annexation. The prezoning process is a required part of the annexation process. The City’s proposed prezoning is intended to keep the zoning and allowed uses as similar as possible to the existing County and TRPA zoning.
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The cleanup annexation area comprises 90 parcels totaling 411.8 acres, which includes a mix of private and publicly owned parcels. Most of the parcels are held in public ownership by the State of California, the Tahoe Resource Conservation District, the City of South Lake Tahoe, the South Tahoe Public Utility District, and Lake Tahoe Community College. There are 12 parcels held in private ownership (see Attachment 03, Parcel Ownership).
TRPA governs the underlying zoning. Pursuant to the adopted Regional Plan and Plan Area Statements, the annexation area has a land use classification of Conservation, Recreation, Residential, and Mixed-Use and is zoned Conservation, Recreation, Residential, and Commercial/Public Service (see Attachment 04 TRPA Land Use and Zoning Designations).
Issue And Discussion:
Prezoning: State law requires that within a proposed municipal reorganization area, each participating jurisdiction must pre-zone the respective territory being annexed, consistent with the City’s adopted General Plan (Cal. Gov. Code Section 56375(a)(7)). Thus, the properties subject to the annexation into the City must be identified in the City of South Lake Tahoe General Plan with proposed future land use(s), and the properties must be pre-zoned consistently with the General Plan land uses(s) in anticipation of the future annexation.
The properties are proposed to be pre-zoned with TRPA’s underlying Regional Plan Land Use Classification and Plan Area Statements zoning designations; thus, no land use changes are proposed, and there are no changes to the development potential (see Attachment 05, Proposed Prezoning Map).
Prezoning the properties will not affect the City boundaries, nor will the prezoning establish any new City zoning controls over the properties. While the municipal reorganization process is pending, the County of El Dorado and TRPA will maintain zoning control over the properties set for annexation to the City of South Lake Tahoe.
The zoning will take regulatory effect for the affected properties only if and after El Dorado LAFCO approves the annexations. On March 26, 2024, the City Council passed a motion to hold a first reading (by title only) of an Ordinance prezoning 90 parcels located within the City Sphere of Influence in El Dorado County for subsequent annexation of such properties, and referred the second reading and adoption to April 23, 2024.
City Code Amendment: It is necessary to amend City Code Title 6, Development Services, Chapter 6.55, Article II, Plan Area Maps and Statements, Section 6.55.120, Plan Area Statement Maps, to incorporate TRPA’s Plan Area Statement (PAS) 095, as the underlying zoning regulation.
The Code amendments will only take regulatory effect for the affected properties only if and after El Dorado LAFCO approves the annexations. On March 26, 2024, the City Council passed a motion to hold a first reading (by title only) of an Ordinance amending 215
City Council Report April 23, 2024 3 of 5
South Lake Tahoe City Code Title 6, Chapter 6.55, Article II, Plan Area Maps and Statements and deferred adoption to April 23, 2024.
General Plan Amendment: The City of South Lake Tahoe General Plan identifies proposed land uses in Figure LU-1, Land Use Diagram. Figure LU-1 designates a mix of Residential, Conservation, Recreation, Neighborhood Center, Town Center, Tourist, and Special Districts. The properties planned for annexation are bordered by City properties designated Town Center, Low-Density Residential, Conservation, and Special District.
It is reasonable and appropriate for the subject annexation properties to be designated in the City General Plan with their existing land use classifications adopted in the TRPA 2012 Regional Plan: Conservation, Residential, Recreation, and Mixed-Use.
Accordingly, Figure LU-1 in the General Plan is proposed to be amended to include the identification of the proposed annexation properties as being subject to imminent annexation, along with the existing TRPA Regional Plan land use classifications.
On March 26, 2024, the City Council adopted Resolution 2024-040, amending Figure LU1 of the General Plan, and Resolution 2024-041 initiating proceedings of annexation.
Tribal Consultation: In accordance with SB 18, the City sent consultation letters on August 21, 2023, to the Colfax-Todds Valley Consolidated Tribe, the Ione Bank of Miwok Indians, the Tsi Akim Maidu, Shingle Springs Band of Miwok Indians, the United Auburn Indian Community, the Washoe Tribe of California and Nevada, and the Wilton Rancheria.
The City received a letter from the Shingle Springs Band of Miwok Indians stating that they are not aware of any known cultural resources within the annexation area but requested to be made aware if new information or human remains are found in the future.
The City was also contacted by the United Auburn Indian Community, deferring consultation to the Washoe Tribe of California and Nevada. The Washoe Tribe requested consultation with the City. City staff held an online conference call with Patrick Burtt on September 9, 2023, to discuss the proposed annexation.
Planning Commission: On November 16, 2023, the City of South Lake Tahoe Planning Commission conducted a duly noticed public hearing, at which time City staff presented its report, and interested persons had an opportunity to testify on the proposed pre-zone and general plan amendment.
The Planning Commission considered the evidence in the record, considered public testimony, and voted unanimously to approve a Resolutions 2023-016, recommending the City Council amend the General Plan the City Code and approve the pre-zone.
Planning Commission Public Notice and Public Comments: A Notice of the Planning Commission Public Hearing was mailed to property owners within the annexation area 216
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and to all affected property owners within 300 feet of the subject properties on November 3, 2023. A public notice was published in the Tahoe Daily Tribune on November 3, 2023.
The City received written comments from homeowners with properties located on Fountain Avenue. The commenters either requested the Planning Commission postpone their consideration or objected to the annexation. The City also received a comment letter from the Tahoe Resource Conservation District (TRCD), which also requested the item be postponed, and no action be taken, in order for the TRCD to consult with the City to ascertain the implications of the proposed annexation on TRCD properties and management activities in the Johnson Meadow area.
On December 6, 2023, City staff met with TRCD staff to discuss their concerns outlined in the comment letter and followed up with an additional meeting on March 11, 2024.
Staff is working cooperatively with TRCD to ensure that the annexation does not negatively impact their operations or ongoing projects.
A notice of the March 26, 2024, City Council Public Hearing was mailed on February 23, 2024, to all affected properties within 500 feet of the annexation area, which is coextensive with the noticing area for El Dorado LAFCO, and the notice was published in the Tahoe Daily Tribune on March 15, 2024.
Environmental Analysis: The proposed amendment to the General Plan to pre-zone the properties is exempt for CEQA pursuant to CEQA Guidelines Section 15319, Annexation of Existing Facilities and Lots for Exempt Facilities. The area to be annexed contains existing public and private structures developed to a density allowed by the current TRPA plan are statements, and the City proposes to pre-zone the properties with the current TRPA zoning designations. Therefore, there are no changes or increases in the development potential of the annexation area. Furthermore, the annexation area is already served by existing utility services (i.e., South Tahoe Public Utility District, Liberty Utilities), and no water or sewer service is revised as a result of the annexation.
Moreover, there is no reasonably foreseeable change in the types and intensity of service within the annexation area as a result of any approval. Most of the private properties in the annexation area are currently developed, and the properties held in public ownership are primarily sensitive parcels that are not developable and are managed for open space, recreation, and restoration purposes.
A reasonable application of Section 15319 would mean the annexation is categorically exempt. Lastly, there is no evidence that the annexation involves an unusual circumstance that might significantly affect the environment.
Financial Implications: Amending the General Plan, City Code, and prezoning the properties has no financial implications at this time. However, State law requires involved jurisdictions to negotiate the allocation of property tax revenues. The City Manager and City Attorney will be conducting this negotiation with El Dorado County officials after the application is submitted to El Dorado LAFCO.
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Policy Implications: Annexing the affected properties would result in a more efficient provision of public services.
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Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
Attachment 02
Proposed Cleanup
Annexation
0 0.050.1 0.2 0.3 0.4
Miles
City Limits
LEGEND
Annexation Area
219
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
Attachment 03
Parcel Ownership
0 0.050.1 0.2 0.3 0.4
Miles
City Limits
LEGEND
Public Parcels
Private Parcels
220
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
Attachment 04
TRPA Adopted Conceptual
Land Use Designation
0 0.050.1 0.2 0.3 0.4
Miles
LEGEND
Zoning Designation
Recreation
Conservation
Commercial/Public Service
Residential
Regional Plan
Land Use Classification
Recreation
Conservation
Mixed-Use
Residential
PAS 100
PAS 095
PAS 100
PAS 105
PAS 109
B/AT CP
PAS 116
TVAP
0 0.050.1 0.2 0.3 0.4
Miles
221
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
Attachment 05
Proposed Pre-Zoning Map
0 0.050.1 0.2 0.3 0.4
Miles
LEGEND
Zoning Designation
Recreation
Conservation
Commercial/Public Service
Residential
Regional Plan
Land Use Classification
Recreation
Conservation
Mixed-Use
Residential
PAS 100
PAS 095
PAS 100
PAS 105
PAS 109
B/AT CP
PAS 116
TVAP
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Chapter 6.55
PLAN AREA STATEMENTS AND OTHER LAND USE REGULATIONS
Article II. Plan Area Maps and Statements
6.55.110 Permissible uses.
For the purpose of this chapter, the city shall adopt by reference the permissible uses contained within the TRPA Code of Ordinances, Chapter 21. (Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3. Code 1997 § 32-10)
6.55.120 Plan area statements
The following are the city plan area maps and statements:
085 Lakeview Heights
088 Tahoe Village
089 Lakeside Park
089A Replaced by the Stateline/Ski Run Community Plan Tourist Core Area Plan 089B Replaced by the Stateline/Ski Run Community Plan Tourist Core Area Plan 090 Tahoe Meadows
091 Replaced by the Stateline/Ski Run Community Plan Tourist Core Area Plan 092 Pioneer/Ski Run
093 Bijou
094 Glenwood
095 Trout/Cold Creek
096 Pioneer Village
097 Bijou Pines
098 Replaced by the Bijou/Al Tahoe Community Plan
099 Al Tahoe
100 Truckee Marsh
101 Bijou Meadows
102 Tahoe Keys
103 Sierra Tract Commercial
104 Highland Woods
105 Sierra Tract
108 Winnemucca
109 Tahoe Valley Campground
110 South Y Replaced by the Tahoe Valley Area Plan
111 Tahoe Island
112 Gardner Mountain
113 Industrial Tract Replaced by South Y Industrial Tract Community Plan 114 Bonanza
116 Airport
(Ord. 902; Ord. 1152 § 3. Code 1997 § 32-11)
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Ordinance 2024-XXX April 23, 2024 Page 1 of 5
Ordinance 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
April 23, 2024
An Ordinance approving the pre-zoning of 90 parcels located in unincorporated El Dorado County, amending South Lake Tahoe City Code Title 6, Chapter 6.55, Article II (Plan Area Maps and Statements), and making certain findings in accordance with the California Environmental Quality Act, all in conjunction with a proposed annexation of such properties into the City
BACKGROUND
A. On June 6, 2023, the City Council passed a motion directing staff to pursue the “Cleanup Annexation Scenario,” which encompasses the Tahoe Valley Campground and parcels adjacent to the City’s jurisdictional boundary southeast of the Sierra Tract and Barton Memorial Hospital.
B. The City intends to file an Application to Initiate Proceedings for Reorganization with the El Dorado Local Agency Formation Commission (LAFCO). As part of these proceedings, the City intends to request that LAFCO process a reorganization such that approximately 411.8 acres of territory currently within the unincorporated El Dorado County area would be annexed to the City of South Lake Tahoe.
C. The 90 parcels to be annexed to the City of South Lake Tahoe are comprised of private and public parcels, which the Tahoe Regional Planning Agency zoned as either Conservation, Residential, Recreation, or Commercial/Public Service.
D. As part of the LAFCO proceedings, LAFCO requires each participating jurisdiction to pre-zone the respective properties be annexed, consistent with the City adopted General Plan, and as such, the City of South Lake Tahoe intends to pre-zone the properties.
E. The City of South Lake Tahoe intends to pre-zone the property as currently zoned by TRPA and is not proposing any changes to the applicable regulating documents.
F. On November 16, 2023, the City of South Lake Tahoe Planning Commission conducted a duly noticed public hearing, at which time City staff presented its report, and interested persons had an opportunity to testify on the proposed Project. The Planning Commission considered the evidence in the record and passed a motion to adopt Resolution 2023-016, recommending the City Council approve the pre-zoning and amend the City Code.
G. The City of South Lake Tahoe is a decision-making body for the Reorganization described herein and, as such, is acting as a responsible agency under CEQA. 224
Ordinance 2024-XXX April 23, 2024 Page 2 of 5
H. On February 23, 2024, A Notice of Public Hearing providing the date, time, and location of the City Council meeting was mailed to property owners within the annexation area and to all affected property owners within 500 feet of the subject properties. A public notice was also published in the Tahoe Daily Tribune on March 15, 2024.
I. On March 26, 2024, the City of South Lake Tahoe City Council conducted a duly noticed public hearing, at which time City staff presented its report, and interested persons had an opportunity to testify on the proposed pre-zoning and City Code amendments. Following receipt of all public testimony, the City Council closed the public hearing.
J. On March 26, 2024, the City of South Lake Tahoe City Council pass a motion to hold a first reading (by title only) of the Ordinance and refer the second reading and adoption to April 23, 2024.
NOW, THEREFORE, THE CITY COUNCIL OF CITY OF SOUTH LAKE TAHOE DOES ORDAIN AS FOLLOWS:
SECTION 1. The findings set forth in the Background Section of this Ordinance are true and correct, are incorporated into this Ordinance by reference, and constitute a material part of this Ordinance.
SECTION 2. The proposed pre-zone and the City Code amendments will not have an effect on the environment because the City is proposing to pre-zone the annexation area as it is currently zoned by TPRA. No changes are proposed to the applicable land use designations, planning policies, special policies, permissible use lists, or existing density standards. The development potential does not change, and any potential development would be subject to the existing regulations.
SECTION 3. The proposed amendment to pre-zone this area is exempt from CEQA pursuant to Section 15319, Annexation of Existing Facilities and Lots for Exempt Facilities. The area to be annexed contains existing public and private structures developed to a density allowed by the current TRPA Plan Area Statements, and the City proposes to pre-zone the properties with the current TRPA zoning designations. Therefore, there are no changes or increases in the development potential of the annexation area. Furthermore, the annexation area is already served by existing utility services (i.e., South Tahoe Public Utility District, Liberty Utilities), and no water or sewer service is revised as a result of the annexation.
Moreover, there is no reasonably foreseeable change in the types and intensity of service within the annexation area as a result of any approval. The private parcels may be developed consistent with the TRPA Code of Ordinances and the applicable Plan Area Statements, while parcels in public ownership are primarily sensitive parcels that are managed primarily for open space, restoration activities, and recreation access. Lastly, there is no evidence that the annexation involves an unusual circumstance that might cause a significant effect on the environment.
SECTION 4. Find the pre-zoning of the properties is consistent with the City of South Lake Tahoe General Plan because the City’s current Sphere of Influence boundary includes the affected properties. The associated pre-zone and City Code amendments establish the existing 225
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TRPA Plan Area Statements zoning designations for the annexation area, which is consistent with the land use designations applicable to the immediate surrounding properties.
SECTION 5. Hereby pre-zones the annexation area as either Conservation, Recreation, Residential, or Commercial/Public Service, and amend the City Zoning Map as shown in the map attached as Exhibit 1 and incorporated herein by this reference.
SECTION 6. City Code Title 6, Chapter 6.55, Article II is amended to read in its entirety as follows:
Article II. Plan Area Maps and Statements
6.55.110 Permissible uses.
For the purpose of this chapter, the city shall adopt by reference the permissible uses contained within the TRPA Code of Ordinances, Chapter 21.
6.55.120 Plan area statements
The following are the city plan area maps and statements:
085 Lakeview Heights
089 Lakeside Park
089A Replaced by the Tourist Core Area Plan
089B Replaced by the Tourist Core Area Plan
090 Tahoe Meadows
091 Replaced by the Tourist Core Area Plan
092 Pioneer/Ski Run
093 Bijou
094 Glenwood
095 Trout/Cold Creek
096 Pioneer Village
097 Bijou Pines
098 Replaced by the Bijou/Al Tahoe Community Plan
099 Al Tahoe
100 Truckee Marsh
101 Bijou Meadows
102 Tahoe Keys
103 Sierra Tract Commercial
104 Highland Woods
105 Sierra Tract
108 Winnemucca
109 Tahoe Valley Campground
110 Replaced by the Tahoe Valley Area Plan
111 Tahoe Island
112 Gardner Mountain
113 Replaced by South Y Industrial Tract Community Plan 114 Bonanza
116 Airport
226
Ordinance 2024-XXX April 23, 2024 Page 4 of 5
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.
SECTION 9. This Ordinance shall become effective 30 days following its adoption, but the zoning designation applied to the properties within the annexation area will not become effective unless and until Reorganization is approved by the El Dorado Local Agency Formation Commission.
Adopted by the City of South Lake Tahoe City Council at a meeting on April 23, 2024, by the following vote:
Yes
No
Absent
Abstain
________________________ Date:_________
Cody Bass, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
First Reading:_____________
Published: ________________
Second Reading: ___________
Effective: _________________
The presence of an 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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Resolution 2024-040 March 26, 2024 Page 1 of 4
Resolution 2024-040
Adopted by the City of South Lake Tahoe
City Council
March 26, 2024
Approving a General Plan Amendment associated with the subsequent annexation of 90 parcels located in unincorporated El Dorado County, approximately 411.8 acres in size, and making certain findings in accordance with the California Environmental Quality Act
BACKGROUND
A. The City of South Lake Tahoe has an adopted General Plan to guide community development and growth, and the City Council has periodically updated the General Plan as necessary to maintain consistency with applicable laws and current conditions in the community.
B. On June 6, 2023, the City Council passed a motion directing staff to pursue the Cleanup Annexation Scenario,” which encompasses the Tahoe Valley Campground and parcels adjacent to the City’s jurisdictional boundary southeast of the Sierra Tract and Barton Memorial Hospital.
C. The City intends to file an Application to Initiate Proceedings for Reorganization with the El Dorado Local Agency Formation Commission ( LAFCO). As part of these proceedings, the City intends to request that LAFCO process a reorganization such that approximately 411.8 acres of territory currently within the unincorporated El Dorado County area would be annexed to the City of South Lake Tahoe.
D. The 90 parcels to be annexed to the City of South Lake Tahoe are comprised of private and public parcels, which the Tahoe Regional Planning Agency Conceptual Regional Land Use Map has designated as either Conservation, Residential, Recreation, or Mixed- Use.
E. The City intends to apply the applicable TRPA Conceptual Regional Land Use designations in the annexation area and is not proposing any changes in the land use designations.
F. The City Council desires to amend the General Plan such that the maps within the General Plan will be updated to clearly reflect this annexation effort and to integrate the annexation area into the City’s General Plan.
G. On November 16, 2023, the City of South Lake Tahoe Planning Commission conducted a duly noticed public hearing, at which time City staff presented its report, and interested persons had an opportunity to testify on the proposed Project. 229
Resolution 2024-040 March 26, 2024 Page 2 of 4
H. On February 23, 2024, A Notice of Public Hearing providing the date, time, and location of the City Council meeting was mailed to property owners within the annexation area and to all affected property owners within 500 feet of the subject properties. A public notice was also published in the Tahoe Daily Tribune on March 15, 2024.
I. On March 26, 2024, the City of South Lake Tahoe City Council conducted a duly noticed public hearing, at which time City staff presented its report, and interested persons had an opportunity to testify on the proposed General Plan amendment.
Following receipt of all public testimony, the City Council closed the hearing.
J. The City of South Lake Tahoe is a decision- making body for the Reorganization described herein and as such, is acting as a responsible agency under CEQA.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City of South Lake Tahoe City Council:
1. Finds that the facts set forth in the Background Section of this Resolution are true and correct, are incorporated into this Resolution by reference and constitute a material part of this Resolution.
2. Finds that the General Plan amendment will not have an effect on the environment because the City is proposing to apply the adopted TRPA Conceptual Land Use Map land use designations to the annexation area. No changes are proposed to the applicable land use designations, planning policies, special policies, permissible use lists, or existing density standards. The development potential does not change, and any potential development would be subject to the existing TRPA land use regulations.
3. Finds the proposed amendment to the General Plan is exempt from CEQA pursuant to Section 15319, Annexation of Existing Facilities and Lots for Exempt Facilities.
The area to be annexed contains existing public and private structures developed to a density allowed by the current TRPA plan area statements, and the City proposes to adopt TRPA Conceptual Regional Plan Map land use classifications for the properties. Therefore, there are no changes or increases in the development potential of the annexation area. Furthermore, the annexation area is already served by existing utility services ( i.e., South Tahoe Public Utility District, Liberty Utilities), and no water or sewer service is revised as a result of the annexation.
Moreover, there is no reasonably foreseeable change in the types and intensity of service within the annexation area as a result of any approval. The private parcels may be developed consistent with the TRPA Code of Ordinances and the applicable Plan Area Statement, while parcels in public ownership are primarily sensitive parcels that are managed primarily for open space, restoration activities, and recreation access. Lastly, there is no evidence that the annexation involves an unusual circumstance that might cause a significant effect on the environment.
4. Finds the General Plan amendment is consistent with the City of South Lake Tahoe General Plan because the City’s current Sphere of Influence boundary includes the affected properties. The General Plan amendment establishes the existing TRPA Conceptual Regional Land Use designations for the annexation area, which is 230
Resolution 2024-040 March 26, 2024 Page 3 of 4
consistent with the land use designations applicable to the immediate surrounding properties.
5. Finds the proposed General Plan amendment is internally consistent with the South Lake Tahoe General Plan, and the amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
6. Hereby amends its General Plan designating the annexation area as Conservation, Recreation, Residential, and Mixed- Use, and amends the General Plan Figure LU-1, Land Use Diagram in substantial conformance with Exhibit 1 to this Resolution and incorporated herein by this reference. The City Council hereby authorizes the City staff to make all necessary revisions to the text and figures of the General Plan to be consistent with the amendments set forth in this Resolution.
7. Declares that if any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Resolution, and hereby declares that is would have adopted this Resolution, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
8. Declares that this Resolution shall not become effective unless and until Reorganization is approved by the Local Agency Formation Commission for the County of El Dorado.
Adopted by the City of South Lake Tahoe City Council at a meeting on March 26, 2024, by the following vote:
Yes: Bass, Friedrich, Creegan, Wallace, Robbins
Date:_________
Cody Bass, Mayor
Attest:
Susan Blankenship, City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe Planning Commission.
Susan Blankenship ( Mar 27, 2024 10:43 PDT)
Cody Bass ( Apr 2, 2024 02:03 PDT)
04/02/2024
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Resolution 2024-040 March 26, 2024 Page 4 of 4
EXHIBIT 1
232
Resolution 2024-040 General Plan LU-1
Final Audit Report 2024- 04-02
Created: 2024- 03-27
By: Michelle Davis ( medavis@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAGSrCLIqo2APPkNvzEbQDBnfDoOdwyG4w Resolution 2024-040 General Plan LU-1" History
Document created by Michelle Davis ([email protected]) 2024- 03- 27 - 5:37:53 PM GMT
Document emailed to Susan Blankenship ([email protected]) for signature 2024- 03- 27 - 5:37:57 PM GMT
Email viewed by Susan Blankenship ( sblankenship@cityofslt. us) 2024- 03- 27 - 5:42:39 PM GMT
Document e-signed by Susan Blankenship ([email protected]) Signature Date: 2024- 03-27 - 5:43:20 PM GMT - Time Source: server Document emailed to Cody Bass ([email protected]) for signature 2024- 03- 27 - 5:43:21 PM GMT
Email viewed by Cody Bass ([email protected])
2024- 04- 02 - 8:46:07 AM GMT
Document e-signed by Cody Bass ([email protected])
Signature Date: 2024- 04-02 - 9:03:31 AM GMT - Time Source: server Agreement completed.
2024- 04- 02 - 9:03:31 AM GMT
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CITY OF SOUTH LAKE TAHOE
DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION
NOTICE OF A PUBLIC HEARING
CITY OF SOUTH LAKE TAHOE CITY COUNCIL
Proof of Service by Mail
SUBJECT: 1) A Resolution adopting an amendment to the General Plan LU-1, Land Use Diagram, 2) An Ordinance prezoning 90 parcels located within the City Sphere of Influence in El Dorado County for subsequent annexation of such properties, and amending the City Code Title 6, Chapter 6.55, Article II, and 3) A Resolution initiating proceedings for the annexation of such properties
ADDRESS: Various
APN: Various
DATE OF HEARING: March 26, 2024
TIME AND LOCATION OF
HEARING:
5:30 p.m. at City Council Chambers, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150
STATE OF CALIFORNIA
COUNTY OF EL DORADO
CITY OF SOUTH LAKE TAHOE
I am an employee of the City of South Lake Tahoe, Development Services Department.
On February 23, 2024, I served the attached notice pursuant to Section 6.55.640 of the South Lake Tahoe Municipal Code and Government Code Sections 65090 and 65091 (Planning and Zoning Law) on the persons named thereon or attached thereto by placing a true copy thereof with postage thereon fully prepaid in the United States mail. I declare, under penalty of perjury, that the foregoing is true and correct.
Signature
Executed on 02/23/2024 by John Hitchcock
Planning Manager
Development Service Department
238
NOTICE OF A PUBLIC HEARING
CITY OF SOUTH LAKE TAHOE CITY COUNCIL
NOTICE IS HEREBY GIVEN that in accordance with Sections 65090 and 65091 (Planning and Zoning Law) of the Government Code: the City of South Lake Tahoe City Council will conduct a public hearing on March 26, 2024 at 5:30 p.m., or as soon thereafter as possible, in the City Council Chambers, 1901 Lisa Maloff Way, South Lake Tahoe Airport, to consider the following agenda item:
1) A Resolution adopting an amendment to the General Plan LU-1, Land Use Diagram, 2) An Ordinance pre-zoning 90 parcels located within the City Sphere of Influence in El Dorado County for subsequent annexation of such properties, and amending the City Code Title 6, Chapter 6.55, Article II, and 3) A Resolution initiating proceedings for the annexation of such properties
General Overview: The City of South Lake Tahoe is proposing to annex the land shown on the attached map into City limits in order to provide more efficient public services.
Currently, municipal services to the annexation area are provided by El Dorado County and Lake Valley Fire Protection District even though the annexation area is adjacent to the City of South Lake Tahoe and accessed only through City streets. After annexation, the City would provide all core municipal services including street maintenance, snow removal, police, fire protection, and emergency response. There is no development project being proposed with this annexation. The pre-zoning process is a required part of the annexation process. The City’s proposed pre-zoning is intended to keep the zoning and allowed uses as similar as possible to the existing County zoning.
Summary: On June 6, 2023, the City Council conducted a public hearing to discuss five annexation scenarios and provide direction to staff. The City Council passed a motion to pursue the “Cleanup Annexation Scenario,” which encompasses the Tahoe Valley Campground and parcels located in the Upper Truckee Marsh adjacent to the City’s jurisdictional boundary.
The City intends to file an Application to Initiate Proceedings for Reorganization with the Local Agency Formation Commission (LAFCO) for El Dorado County. As part of these proceedings, the City of South Lake Tahoe intends to request that LAFCO process a reorganization such that approximately 411.8 acres of territory currently within the unincorporated El Dorado County area would be annexed to the City of South Lake Tahoe.
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The area to be annexed to the City of South Lake Tahoe are comprised of private and public parcels, which the Tahoe Regional Planning Agency Conceptual Regional Land Use Map designates as either Conservation, Recreation, Residential, or Mixed-Use. In addition, the annexed area is zoned pursuant to the applicable Plan Area Statements as either Conservation, Residential, Recreation, or Commercial/Public Service.
As part of the LAFCO proceedings, LAFCO requires each participating jurisdiction to prezone the respective properties to be annexed, and amend the General Plan accordingly prior to filing a Reorganization Application. The pre-zone, the General Plan and City Code amendment would not become effective unless and until Reorganization is approved by the LAFCO.
Please contact John Hitchcock at (530) 542-7472 or via email at [email protected] with any questions or comments.
Any interested person may appear at the public hearing and present written testimony or speak in favor or against the project proposal. Pursuant to Government Code Section 65009(b)(2), if you challenge the above application in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearing described in this notice, or in written correspondence delivered to the South Lake Tahoe City Council at, or prior to, the public hearing. Written testimony may be addressed to the City Council in care of the City Clerk to [email protected] or mailed to 1901 Lisa Maloff Way, Suite 206, South Lake Tahoe, CA 96150
The City Council agenda and related staff reports are available at least 72 hours in advance of regular meetings on the City’s website https://cityofslt.us/84/Watch-CityCouncilCommission-Meetings or by contacting the City Clerk at (530) 542-6005 Date of Notice: February 23, 2024
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ANNEXATION AREA MAP
Sierra Boulevard
Barabara Avenue
Alma Avenue
Winemucca Avenue
Winemucca Court
Martin Avenue
241
PREZONE MAP
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Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community
Annexation Area
Properties Sent Notices
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FOREST SERVICE
UNITED STATES OF AMERICA & U S
FOREST SERVICE
UPTON JOHN E TR & ROXANA K TR
VADENAIS RICHARD H TR & R H REV
TRUST 9/15/05
VAZQUEZ-JIMENEZ JO JESUS & MACIASAVINA LORENAVIAL JOHN M TR & DEBORAH L TR
VLEREBOME NICOLE LAKO WAGES JAIMIE L & TODAK JACQUELINE & RODEN LOWE JOS
WAGNER JONATHON
WAGNER RONALD J & KAREN D WALCHLI PAUL WALTERS MARK & REBECCA 265
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ZANOVITCH WILLIAM & COLLEEN ZARATE FEDERICO RAMOS & DIAZ
RAQUEL RAMOS
ZEPEDA ISAAC & MARTINEZ MARCELA
ZHAO JIANZHOU JASON & QI SONGYUN
DIANA
ZYWICIEL ROBERT
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March 26, 2024 City Council Meeting - Page 2 of 2
268
ATTACHMENT 06
Resolution 2023- 016 November 16, 2023 Page 1 of 3
Resolution 2023- 016
Adopted by the City of South Lake Tahoe
Planning Commission
November 16, 2023
RECOMMENDING THE PRE-ZONING OF 90 PARCELS LOCATED IN THE UPPER
TRUCKEE MARSH AREA AND APPROVAL OF AN AMENDMENT TO CITY CODE TITLE 6, CHAPTER 6.55, ARTICLE II, SECTION 6.55.120 AND AN AMENDMENT TO GENERAL PLAN LU-1 IN CONJUNCTION WITH A SUBSEQUENT ANNEXATION OF
SUCH PROPERTIES INTO THE CITY, AND MAKING CERTAIN FINDINGS IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
BACKGROUND
A. On June 6, 2023, the City Council conducted a public hearing to discuss five annexation scenarios and provide direction to staff. The City Council passed a motion to pursue the “Cleanup Annexation Scenario,” which encompasses the Tahoe Valley Campground and parcels located in the Upper Truckee Marsh adjacent to the City’s jurisdictional boundary.
B. The City intends to file an Application to Initiate Proceedings for Reorganization with the Local Agency Formation Commission ( LAFCO) for El Dorado County. As part of these proceedings, the City of South Lake Tahoe intends to request that LAFCO process a reorganization such that approximately 411.8 acres of territory currently within the unincorporated El Dorado County area would be annexed to the City of South Lake Tahoe.
C. The 90 parcels to be annexed to the City of South Lake Tahoe are comprised of private and public parcels, which the Tahoe Regional Planning Agency zoned as either Conservation, Residential, Recreation, or Mixed-Use.
D. As part of the LAFCO proceedings, LAFCO requires each participating jurisdiction to pre-zone the respective properties be annexed, consistent with the City adopted General Plan, and as such, the City of South Lake Tahoe intends to pre-zone the properties.
E. The City of South Lake Tahoe intends to pre-zone the property as currently zoned by TRPA and is not proposing any changes to the applicable regulating documents.
F. The City of South Lake Tahoe is a decision-making body for the Reorganization described herein and as such, is acting as a responsible agency under CEQA.
G. On November 3, 2023, a Notice of Public Hearing was mailed to property owners within the annexation area and to all affected property owners within 300 feet of the 269
Resolution 2023- 016 November 16, 2023 Page 2 of 3
subject properties on November 3, 2023. A public notice was also published in the Tahoe Daily Tribune on November 3, 2023.
H. On November 16, 2023, the City of South Lake Tahoe Planning Commission conducted a duly noticed public hearing, at which time City staff presented its report, and interested persons had an opportunity to testify on the proposed Project.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City of South Lake Tahoe Planning Commission:
1. Finds the findings set forth in the Background Section of this Resolution are true and correct, are incorporated into this Resolution by reference and constitute a material part of this Resolution.
2. Finds the proposed pre-zone, City Code amendment, and General Plan amendment will not have an effect on the environment because the City is proposing to pre-zone the annexation area as it is currently zoned by TPRA. No changes are proposed to the applicable land use designations, planning policies, special policies, permissible use lists, or existing density standards. The development potential does not change, and any potential development would be subject to the existing regulations.
3. Finds the proposed action is exempt from CEQA pursuant to Section 15061(b)(3) that states the General Plan Amendment is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect onthe 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.
4. Finds the pre-zoning of the properties and the General Plan Amendment is consistent with the City of South Lake Tahoe General Plan because the City’s current Sphere of Influence boundary includes the affected properties. The associated City Code and General Plan amendments establishes the existing TRPA designated land uses and plan area statements for the annexation area, which is consistent with the land use designations applicable to the immediate surrounding properties.
5. Recommends pre-zoning the annexation area as Conservation, Recreation, Residential, and Mixed-Use, and amends the City Zoning Map as shown in map attached as Exhibit 1 and incorporated herein by this reference.
6. Recommends amending South Lake Tahoe City Code Title 6, Chapter 6.55, Article II, Section 6.55.120 as shown in attached Exhibit 2 and incorporated herein by this reference.
7. Recommends amending South Lake Tahoe General Plan LU-1, Land Use Diagram as shown in the map attached at Exhibit 3 and incorporated herein by this reference. 270
Resolution 2023- 016 November 16, 2023 Page 3 of 3
Adopted by the City of South Lake Tahoe Planning Commission at a meeting on November 16, 2023, by the following vote:
Yes: Wieczorek, Roberts, Howard
Absent (recused): Feiger
Date:_________
Natalia Wieczorek, Chair
Attest:
Susan Blankenship, Elected City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe Planning Commission.
Sue Blankenship ( Nov 21, 2023 11: 21 PST)
Natalia Wieczorek ( Nov 21, 2023 11:35 PST)
Nov 21, 2023
271
272
New proposed language is bolded and double underlined, deleted language is struck through.
Article II. Plan Area Maps and Statements
6.55.110 Permissible uses.
For the purpose of this chapter, the city shall adopt by reference the permissible uses contained within the TRPA Code of Ordinances, Chapter 21. (Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3. Code 1997 § 32-10)
6.55.120 Plan area statements.
The following are the city plan area maps and statements:
085 Lakeview Heights
088 Tahoe Village
089 Lakeside Park
089A Replaced by the Stateline/ Ski Run
Community Plan Tourist Core Area
Plan
089B Replaced by the Stateline/ Ski Run
Community Plan Tourist Core Area
Plan
090 Tahoe Meadows
091 Replaced by the Stateline/ Ski Run
Community Plan Tourist Core Area
Plan
092 Pioneer/Ski Run
093 Bijou
094 Glenwood
095
096
Trout/ Cold Creek
Pioneer Village
097 Bijou Pines
098 Replaced by the Bijou/Al Tahoe
Community Plan
099 Al Tahoe
100 Truckee Marsh
101 Bijou Meadow
102 Tahoe Keys
273
103 Sierra Tract-Commercial
104 Highland Woods
105 Sierra Tract
108 Winnemucca
109 Tahoe Valley Campground
110 South “Y”. Replaced by the Tahoe
Valley Area Plan
111 Tahoe Island
112 Gardner Mountain
113 Industrial Tract
114 Bonanza
116 Airport
Ord. 902; Ord. 1152 § 3. Code 1997 § 32-11)
274
N
275
Resolution 2023-016_Adoption of General Plan
and City Code Amendments and Pre Zoning
Final Audit Report 2023- 11-21
Created: 2023- 11-21
By: Yvette Miranda ( ymiranda@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAQH9fhZ1IleQlwyVQyptCcGwA_ Vwi- RsQ Resolution 2023-016_Adoption of General Plan and City Code Amendments and Pre Zoning" History
Document created by Yvette Miranda ([email protected]) 2023- 11- 21 - 4:22:09 PM GMT
Document emailed to Sue Blankenship ([email protected]) for signature 2023- 11- 21 - 4:22:47 PM GMT
Email viewed by Sue Blankenship ( sblankenship@cityofslt. us) 2023- 11- 21 - 7:21:16 PM GMT
Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2023- 11-21 - 7:21:33 PM GMT - Time Source: server Document emailed to [email protected] for signature 2023- 11- 21 - 7:21:37 PM GMT
Email viewed by [email protected]
2023- 11- 21 - 7:34:51 PM GMT
Signer [email protected] entered name at signing as Natalia Wieczorek 2023- 11- 21 - 7:35:11 PM GMT
Document e-signed by Natalia Wieczorek ([email protected]) Signature Date: 2023- 11-21 - 7:35:13 PM GMT - Time Source: server Agreement completed.
2023- 11- 21 - 7:35:13 PM GMT
276
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:9
Agenda Item:
Ratification of Amendment No. 1 to the Agreement with BPR Consulting for Building Permit Reviews for the Multi-Generational and Aquatic Center Project
Executive Summary: Additional services are required to complete the plan checking and deferred submittal process with our third-party consultant (BPR Consulting Group). This amendment will not require additional budget appropriation as we plan to utilize savings from our specialty inspection line item.
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Ratification of Amendment No. 1 to Agreement with BPR Consulting Group extending the term until June 30, 2026, and adding $60,000 for a total amount not to exceed $102,800 to complete the plan check and deferred submittal process.
Responsible Staff Member: Ricky Riddle, Construction & Facilities Program Manager and Jeremy Harrison, Building Official
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Amendment No. 1 to BPR Agreement.docx 02-Ratification of Amendment No. 1 to Agreement with BPR.pdf 03-C-045-2022 BPR Consulting.pdf
277
Council Agenda Report- April 23, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: April 23, 2024
Title: Ratification of Amendment No.1 the Agreement with BPR Consulting for Building Permit Reviews for the Multi-Generational Recreational and Aquatic Center Project Location: Multi-Generational Recreation & Aquatics Center 1100 Rufus Allen Blvd.
Responsible Staff Member: Ricky Riddle, Construction and Facilities Program Manager and Jeremy Harrison, Building Official
Background: The City has procured the services of BPR Consulting services for the plan check review and approval in accordance with City’s building department and all applicable building codes. The original proposal and contract between CSLT and BPR included Initial Plan Review & Comments, Second iteration review and comments, third iteration review and comments, as well as final plan review and approvals. In addition to these lump sum contract items listed above, the initial contract also included a project contingency for deferred submittals that are billed against at an hourly rate. The contract, executed on April 5, 2022, had a term of one year.
Issue and Discussion: In review of the overall budget and remaining items, it has been identified that city has utilized the original contingency line item with necessary plan changes and resubmissions that have occurred during the final permit set process.
The original contract schedule of values is as follows:
1. Initial Plan Review and Comments - $21,800
2. Second Iteration Plan Review and Comments - $8,600
3. Third Iteration Plan Review and Comments - $3,800
4. Final Plan Review, Approvals – $2,400
5. Deferred Submittals (also used as a contingency) - $6,200 Currently, there is $3,973.75 in remaining budget for this contract. Staff is recommending a ratification of a contract amendment to extend the term to June 30, 2026, and ensure adequate resources available, expeditious plan review, during the construction phase of the project. Each plan change, ranging from a single item/sheet to multiple plan sheets and facets of design teams will require building department submissions and review for approval prior to implementation in the field by our general contractor. There are also deferred submittals in which our general contractor will be working with their vendors/subcontractors to provide design/engineering characteristics that will require building department approval and incorporation into the permitted design set of plans & specifications. Given the size and complexity of this project, the building department staff does not have the resources to review these potential changes and submittals 278
Council Agenda Report- April 23, 2024 Page 2 of 3
in a timeline required with our construction schedule.
The recommended contract amendment would expand BPR’s scope of services to include the following:
1. Plan review of requests for information (RFIs), deferred submittals, change orders and other construction phase revisions. This includes preparation of a plan review letters identifying specific code deficiencies along with the specific code section in conflict.
2. Upon resolution of plan review comments, we will stamp the documents per the California Building Code (CBC) confirming our recommendation for approval of all reviewed construction documents.
3. Teleconferencing and/or meetings with the design team to resolve plan review issues.
4. Provide technical consultation regarding code compliance in support of field inspection services.
5. Provide site observations in support of field inspection services.
Financial Implications: Contract amendment total proposed is $60,000 added to BPR’s original base contract of $42,800 for a total contract value of $102,800. The services will be provided on a time and materials basis.
Additional funding allocation will not be required to execute this contract amendment. On August 8, 2023, the city appropriated $650,000 for the Special Inspection Services. The actual contract for these services was $330,445.49. Therefore, an additional $319,554.51 is available in the budgetary allocation of this project.
Environmental Considerations: On January 18, 2022, City Council adopted an Initial Study/Mitigated Negative Declaration (IS/MND) for the 56 Acre Master Plan and the Multigenerational Recreation and Aquatics Center (State Clearinghouse file #2021120206). This action is included within the scope of the IS/MND and no further environmental review is required under CEQA Guidelines section 15162.
Policy Implications:
The Project is consistent with the following Strategic Plan, General Plan, Community Plan and Recreation Plan documents:
Strategic Plan 1.2 – Mid-town Revitalization - Action Item
1. Complete the new Recreation and Swim Complex and in the meantime, maintain the current complex for resident use.
General Plan Policy LU‐3.2: Neighborhood and Recreation Connectivity. The City shall improve connections and access to a wide range of recreational opportunities, which will improve the quality of life of residents and visitors.
279
Council Agenda Report- April 23, 2024 Page 3 of 3
General Plan Policy LU‐8.1: Mountain Architectural Theme. The City shall promote the use of a “mountain” architectural theme in all new and remodeled developments. Mountain architecture features the use of pitched roofs, natural colors, and natural material such as rock and wood.
General Plan Policy LU‐8.2: Native Plant Use. The City shall require the most environmentally efficient and attractive landscaping at all City‐owned public buildings and encourage their use and maintenance on private property.
General Plan Policy LU‐9.1: Sustainable Construction Methods. The City shall promote the use of “green” and sustainable construction in new housing units, commercial developments, and mixed‐ use centers.
General Plan Policy LU‐11.3: Equitable Distribution of New Public Facilities and Services. The City shall plan for the equitable distribution and use of new and upgraded public facilities and services that increase and enhance the entire community’s quality of life.
General Plan Policy LU‐11.4: Quality of Life for all Age Groups. The City shall develop a strategy to provide amenities and facilities that support a high quality of life for all age groups.
General Plan Policy ED‐1.10: Expanding Events and Entertainment Opportunities. The City shall encourage the sponsors of sporting events, festivals, parades, international competitions, and entertainment shows to hold events at public (e.g., Parks and Recreation facilities, roads, or public lands) and private facilities in South Lake Tahoe, particularly during off‐season (Spring and Fall).
The City shall also participate in community organizations specifically formed for this purpose (e.g., Sports Commission).
General Plan Policy PQP‐8.4: Coordination with Utility Providers. The City shall coordinate with gas and electricity service providers to site and design gas and electric systems to minimize environmental, aesthetic, and safety impacts to existing and future residents.
General Plan Policy PQP‐10.1: Social Activity Centers. The City shall design new community centers and other types of public facilities as social activity centers.
General Plan Policy PQP‐10.2: Energy Efficiency in City Buildings and Facilities. The City shall incorporate energy efficiency standards into all City‐owned. 280
City of South Lake Tahoe – BPR Consulting Group
PSA Amendment No. 1
Ratification of Amendment No. 1 to Professional Services Agreement (C-045- 2022)
with BBR Consulting Group
The Professional Services Agreement entered into on April 5th, 2022, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and BPR Consulting Group, (“CONSULTANT”) is hereby amended effective as of April 5, 2023, as set forth below.
WHEREAS, on April 5, 2022, the City and Consultant entered into a Professional Services Agreement with BPR Consulting Group to perform plan review services for the Multigenerational Recreation and Swim Complex, for an amount not to exceed $42,800 and for a term of one year; and
WHEREAS, the City desires to amend the Professional Services Agreement to add to the scope of work so that Consultant can continue to provide plan review services including plan review of requests for information from the construction contractor, change orders, and other construction plan revision, ratifying extension of the contract term for an additional three years and three months, until June 30, 2026, and for an additional compensation not to exceed $60,000; NOW, THEREFORE, the parties agree to amend the Professional Services Agreement as follows.
Section 1 of the Professional Services Agreement is hereby amended to add the following:
1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated April 5th, 2022, this Amendment to Agreement C-045-2022 adds the work described within the letter amendment proposal from BPR Consulting Group, dated March 13, 2024, Exhibit D attached hereto and incorporated herein by reference.
Sections 2 and 3 of the Professional Services Agreement are hereby amended to read as follows:
2. Term/Time of Performance. The services by Consultant are to commence upon the execution of this Agreement and shall continue until all authorized work is approved by City. All such work shall be completed not later than June 30, 2026. Time is of the essence, and failure of Consultant to perform the services required by this Agreement, as amended, by June 30, 2026 shall constitute a material breach of this Agreement as amended.
3. Compensation. Compensation to be paid to the Consultant, as defined within the original Agreement is hereby increased with this Amendment No. 1 by the sum of $60,000.00 as described within Exhibit D attached hereto. In no case shall Consultant compensation for work completed under this Agreement exceed the amended Agreement amount of $42,800.00 plus the additional fee of $60,000.00 for an amended total fee of $102,800.00 without written authorization from the City. Payment by the City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
281
City of South Lake Tahoe – BPR Consulting Group
PSA Amendment No. 1
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: ____________________________ Cody Bass, Mayor Bill Rodgers, Principal-in-Charge
BPR Consulting Group
Business License # 012243
APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk 282
2201 Francisco Drive Suite 140-658 El Dorado Hills, CA 95762 www.bpr-grp.com
916.562.3600
March 13, 2024
Mr. Ricky Riddle, Construction Manager/Facilities Program Manager City of South Lake Tahoe
Via e-mail: [email protected]
Re: Proposal to Provide Construction Phase Services
City of South Lake Tahoe Recreation and Aquatic Center
Dear Mr. Riddle,
Thank you for providing BPR Consulting Group with the opportunity to present our proposal to provide construction phase services for the subject project. Our proposal is based upon the request for BPR to provide construction phase plan review and technical consultation services for the above-noted project. For this assignment, we propose Bill Rodgers, SE, to serve as the project manager for construction phase plan review services. Bill has extensive recent experience performing and managing plan review services on behalf of the City of South Lake Tahoe
Project Description:
We understand the subject project is a 63,000 s.f. capital improvement project which includes an indoor pool, natatorium, gymnasium, kitchen, locker rooms, fitness spaces, assembly space, administration offices and other supporting spaces.
Scope-of-Work:
BPR Consulting Group will provide construction phase plan review services to verify compliance with the applicable provisions of the California Building Standards Code (Title 24) for the project's Architectural, Mechanical, Plumbing, Electrical and Structural systems. We will also be available to answer questions from the project's inspection team, Project Manager, Architects and Engineers regarding code application to the design via virtual meetings, phone or email as necessary. Submitted documents will be reviewed for compliance with the applicable provisions of the California Building Standards Code as amended by the City of South Lake Tahoe.
283
BPR
Scope-of-Services:
The scope-of-services provided by BPR Consulting Group will consist of the following:
1. Plan review of requests for information (RFIs), deferred submittals, change orders and other construction phase revisions. This includes preparation of a plan review letters identifying specific code deficiencies along with the specific code section in conflict.
2. Upon resolution of plan review comments, we will stamp the documents per the CBC confirming our recommendation for approval of all reviewed construction documents.
3. Teleconferencing and/or meetings with the design team to resolve plan review issues.
4. Provide technical consultation regarding code compliance in support of field inspection services.
5. Provide site observations in support of field inspection services.
Exclusions:
The following services are specifically excluded from this proposal:
1. Preparing or altering contract documents including calculations, drawings and specifications used for competitive bidding, permit acquisition and/or construction.
2. Establishing testing and inspection criteria for structural materials and workmanship.
3. Special, periodic or continuous inspection of construction.
4. Field investigation of existing buildings, structures or site features including surveys of existing construction or topography on or adjacent to the site.
5. Review of contractor's construction related equipment, methods or means.
6. Review of elements outside the project site.
7. Review of changes or revisions to the plans after plans are recommended for approval by BPR Consulting Group.
8. Printing of plans or other documents from electronic media.
Schedule:
Our plan reviews of RFl's, deferred submittals, change orders and other revisions will be performed within ten (10) business days after receipt of complete project documents. Any necessary back-check reviews will be completed within five (5) business days after receipt. BPR Consulting Group's staff will be available for teleconference meetings with the project design team as necessary to resolve all plan review-related issues.
Upon request and depending on staff availability, we will shorten these review periods as necessary to ensure we stay apace with construction.
Compensation:
Our construction phase services as identified in this proposal will be billed on an hourly basis utilizing the hourly billing rates displayed on the following page and will not exceed $60,000 without prior written authorization.
All miscellaneous and incidental costs associated with providing the identified plan review services are included.
284
BPR
Hourly Billing Rates:
Personnel Descriptions Hourly Billing Rates
Building Official $135
Senior Plan Review Engineer/Architect 140
Plan Review Engineer/Architect 125
Senior Plans Examiner / CASp Plan Examiner 105
Plans Examiner 100
Permit Technician 70
Clerical Support 60
Staff:
William T. (Bill) Rodgers, SE will be assigned to this project as a Senior Plan Review Engineer. Bill has over thirty five years of experience in the building safety industry and in the field of structural engineering, including design and review experience throughout California and Nevada on a very diverse array of projects.
Acceptance:
If the terms of this proposal are acceptable, we will work with the City to establish a work order for our services.
We appreciate the opportunity to provide this proposal and we look forward to working with your team on this project. Please do not hesitate to call if you have any questions regarding our proposal.
Sincerely,
BPR CONSULTING GROUP
Bill Rodgers, SE
Principal
916. 662.0665
[email protected]
285
1. CITY OF SOUTH LAKE TAHOE
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 5th day of April 2022 by and between the City of South Lake Tahoe, a municipal corporation (" City ") and BPR Consulting Group (" Consultant").
RECITALS
A. Consultant is specially trained , experienced and competent to perform the special services which will be required by this Agreement.
B. Consultant possesses the skill , experience, ability, background , certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein .
C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
Scope of Services. Consultant shall perform the services set forth in this agreement and shall provide sa id services at the time , place, and in the manner specified in this agreement. Consultant shall have no power or authority by this Agreement to bind City in any respect.
The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed , and that its decision to execute this Contract is based on such independent investigation and research.
All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, " Scope of Services," attached hereto and incorporated herein by reference. Exhibit B, Compensation Schedule," attached hereto and incorporated herein by reference, outlines the fees and compensation which shall be paid pursuant to this Agreement.
2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for 1year.
C-045-2022
286
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit Bwhich is attached hereto and incorporated herein by reference. In no event shall Consultant' s compensation, including trave l and out-of-pocket expenses, exceed $48,200 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 withou t 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.
7. Termination, revocation, or expiration of this Agreement shall not release either party from liability resul ting from an event which occurred prior to such termination, revocation or expiration.
Ownership of Documents.
All plans, studies, documents and other writings , including working notes and internal documents, prepared by and for Consultant, its officers, employees C-045-2022
287
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.
Consultan t shall, at Consultant 's expense , provide such reports, plans, stud ies , 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 w ritten consent of City .
8. Consultant 's Books and Records.
a. Consultant shal l maintain any and all ledgers, books of account, invoices , vouchers, canceled checks, and other records or documents evidencing or relating to charges for serv ices, or expenditures and disbursements charged to City for a m inimum period of three [ 3) years , or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three [ 3) years, or for any longer period required by law, and such records shal l be available at Consultant' s address indicated from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant 's business , City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents C-045-2022
288
9. shall be granted to any party authorized by Consultant, Consultant's representatives , or Consultant 's successor-in -interest.
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 sha ll 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 d irection, superv ision , 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, associa tes 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 affec ted 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 shal l perform any services under this Agreement.
Consultant is not a designated employee w ithin the meaning of the Politica l Reform Act because Consultant:
a. Will conduct research and arrive at conclus ions with respect to his/her rend ition of information, advice, recommendation or counse l independent of the control and direction of City or of any City official, other than normal agreement monitoring ; and, C-045-2022
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b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [ FPPC Reg. 18700(0) (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 officia ls, 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, insura nce 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 Agreemen t 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 ( includ ing any and all C-045-2022
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15. costs and expenses in connection therein), ans1ng out of Consultant 's performance of this Agreement or caused in any way by Consultant 's negligence or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City. Consultant agrees to defend City from and agains t 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 harm less 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 shal l 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 liabil ity, claims , demands, costs, charges and expenses and causes of action of whatsoever arising out of or in any way connected with the performance of work under this Agreement, and consultant 's work under this Agreement.
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 mainta in Workers' Compensation Insurance and Employer 's Liability Insurance for his/her employees in accordance w ith the laws of the State of Cal ifornia . In addition, Consultant shal l require each subcontractor to sim il arly maintain Workers '
Compensation Insurance and Employer 's Liability Insurance in accordance with the laws of the State of California for a ll of the subcontractor 's employees. Any notice of cancellation of all Workers ' Compensation policies mus t be received by City C-045- 2022
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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 sha ll 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.
11 . 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 mill ion 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 commercia l 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 genera l
aggregate limit shall be at least twice the required
occurrence limit.
Ill .
iv.
Automobile Liability Coverage. Consultant sha ll maintain automobile liabil ity insurance covering bodily injury and property damage for all activit ies 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.
Profess ional Liabili ty 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 comb ined single-limit per occurrence basis.
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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 w ith 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.
1v. 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 w ith 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.
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d.
The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
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 ins urance 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 sha ll be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section .
If to City:
Provide a copy to:
If to Consultant:
Provide a copy to:
City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe , CA 96150
City Attorney 's Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe , CA 96150
BPR Consulting Group ATTN : Bill Rodgers
2201 Francisco Drive, Suite 140-658
El Dorado Hills , CA 95762
916 -562-3600
brodgersa @bpr- gro.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 C-045-2022
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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 sha ll 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 warran ty, 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, C-045-2022
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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 hereina fter enacted.
23. Drug -Fre e 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. Publ ish 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 counsel ing , rehab ilitation, 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 suspens ion of payments under this Agreement or termination of the Agreement, or both, and Consultant may be inel igible 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. Consultan t shall submit to City the Anti-Lobbying Certification contained in Exhibit C . Further, Consultant shall require that the C-045-2022
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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. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals , is presently debarred , suspended, proposed for debarment, declared ineligi ble , or voluntarily excluded from participating in covered transactions by any Federal department or agency.
26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabil ities Act (ADA) of 1990, 42 U.S .C. 12101, et. seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.
27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
29. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Consultant. All prior written and oral communications , including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 30 . Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
31. Time is of the Essence. Time is of the essence for this Agreement. 32 . Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
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IN WITNESS WHEREOF, the parties have caused th is Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE:
BY D•vin Middlebrook (Apr 8, 2022 12:41 PDT)
Devin Middlebrook, Mayor
Date Apr 8, 2022
APPROVED AS TO FORM:
feather Jtntd
By Heather Stroud (Apr 7, 202213:44 PDT )
City Attorney
ATTEST:
By sue Blankenship (Apr 7, 2022 09:06 PDT)
City Clerk
Attachments:
Exhibit A - Scope of Services
CONSULTANT :
Bi ll Rodgers , Princ ipal-in -Charge
AprlS ,2022
Date ___________ _
Business License # 012243
Date Apr 7, 2022
Date Apr 7, 2022
Exhibit B - Compensation Schedule
Exhibit C - Anti -Lobbying Certification
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EXHIBIT A
SCOPE OF SERVICES
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SECTION D
SCOPE OF WORK / IMPLEMENTATION
The BPR team holds extensive experience and a proven track record ofprovid ing building department serv ices in a cost -effective manner. Our plan review services focus on provid ing time ly and thorough plan rev iews with the goal of approving code compli ant plans to avoid code related issues during the construction process. In coordina tion with the City of South Lake Tahoe, we can work with the design team to address any code comp liance issues during the design process resulting in quick approva l of the fina l construction documents.
Below you will find ourgenera l approach to provid ing building plan review and pe rmitting services. This will be refined to address the specific requirements ofthe City 's Recreat ion and Aquatic Center Project.
Plan Re view and Perm itting Services
All plans exam ination serv ices will be performed under the direction of our Project anager, Bill Rodgers. Bill will be supported by a team of licensed structural , civi l, mechanica l , electrica l, and fire protection engineers, ICC certified plans exam iners and CASp experts possess ing he necessary experience and certifications to perform comple e structural and non-struct ura l construe ion document plan review on a project of this type and scope. A aminimum, vo contacts will be designated o handle all communica ions with the City toensure no disrupt ions occur in the absence of the primary contact . When needed to meet aggress ive schedu les and pea workload demands, additional support will be provided by appropriat ely qualified staff.
BPR will furnish our sta ff wi h all ofthe necessary materials, resources and training to perform the necessary plan review services. includ ing a copy of applicable City amendment s, policies, forms , and procedures. Our plans exam iners ma intain a working know ledge of applicable build ing codes and plan rev iew procedures and will perform detai led plan reviews to provide complet e and accu rate construction documents to minimize questions and problems during the construction phase ofprojects. Ourteam will use their experience and sk ills to promote efficient services on behalf of your department. BPR has the ability to send and receive all documents associa ted with digital plan rev iews.
Per he RFP, we understand that the City is requesting plan revie\' comment s and/ or red line documents be provided to exped ite clearing discrepancies and approvals. It is the intent to provide exped ited and complete plan rev iew and permitting services for this project. Our staff will coordinate all communicat ions with the City 's representative (s) in a collaborative and professiona l manner to quickly identify and resolve code compliance iss.ues. Unless requested to do so by the City's representative (s), our team will not reach out directly to the design team. Plan review comments will be completed in a format provided by the City. At the complet ion of each plan review iteration, draft copies of the plan review comments will be emai led to the City's Build ing Official for review and quality assurance approva l . Any requested changes or revisions to the plan review comments are to be completed within 24 hours afterthe quality assurance revi ew by the City. At the completion ofthe plan review process BPRwill submit one complet e digital fi le orpaper sets ofall final review documents bearing BPR 's plan review stamps, annotated as approved, to the City of Sou th La e Tahoe Deve lopment Services Department. Approval will not be recommended until all code compli ance issues are either redlined orformally resolved and all permit issuance requirements of the City Building Division and the Department of Public Works are sa tisfied. It is underst ood that code interpretations are subject to final review and approval by the City Bu ilding Offic ial.
BPR 's staff understands the importance of providing quick, efficient, and consistent plan review services to enable bu ilding projects to start construct ion as quickly as possib le which is critical for the econom ic impact C-045-2022
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projects may have to the City, and is especially critical due to the regions short building season . BPR will complete plan reviews in a timely manner and within the time-frames established by the City and as documented in this proposal below. BPR 's staff will be availab le within one business day to respond to questions from the City which may be generated during the plan rev iew process. Our staff will be avai lable for teleconfere nces at the request ofthe City.
Pla n review services for the City's Recrea ion a d Aquatics Center project shall be perform ed remo e1y a d staff isequipped to perform digital plan review of pla sa nd support ing documents using Blue bea m Revu. Should paper submi als eed to be submi ed, we will arrange for all pick-up and delivery ofthe plan review document s from your office at no additional cost. BPR will trac all plan review activity and will communicate data required to reflec t turnaround times, the number of subm ittals required to obtain approval, and the status ofsubmitt als at the reques t ofthe City.
Technical Plans Examination Capab ilities
BPR 's staff possesses sign ificant technical capabilities in all areas ofplans examination competency gained from years ofexperience providing these same serv ices. All plans examiners are califomia Licensed Engineers orICC Certified Plans Examiners with mult iple years ofexperience provi ding plan review services. Our staff will conduct accelerated or project-specific, phased, plan reviews on an as-needed basis as requested by clients.
Our plans exam ine rs have a thorough underst anding of code requ irements, are able to read , understand and interpret const ruction documents, energy calculations, geotechn ica l reports, structural calcu lations, electrical load calcu lations comission ing reports, and other assoc iated design documents. Our plans exam ination staffhave the ability to prepare well-writte n, plan revie v le ters , commun icate effectively orally and in writing and work effectively with jurisdiction staff, project design teams, and con tractors. Our plans exam iners posess nowledge of the most current state adopted building standa rds.
Architectural
BPR's non-structural plans examiners have provided plan review services for a vast array of projects including large residen tial , commerc ial, inst itut ional, industrial, retail, and OS'H PD 2. 3 and 5 medica l office buildings. any of our plans examiners are CASp certified. Completed plan review projects ran ge from single-story, res iden tial projects to comp lex high-rise buildings and numerous building addi ions and remodels. We are experienced and fam iliar with the use and application of the most current ed . ions of the following model codes:
Ca lifornia Building Standards Code
Title 24 ) Parts 1 through 6 and 9
International Building Code (IBC)
Americans 111ith Disab ilities Act Standards
for Accessible Design
ANSI Standards.
NFPA Codes & Standards
CA Code of !Regulations ( CCR ) Titles 19 and 25
Jurisdiction -Adopted Amend ments orOrd inances
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Structural
Our structural engineers haveexperience designing and rev iewing build ing projects subjec ted to the sign ificant snow and wind loads as necessita ted by the climate in South La ke Tahoe. Our structura l engineers have reviewed all types of projects includ ing residential, multi -family, commercia l , and multi-story projects includ ing mid-rise and high-rise projects, instit utiona l projects, industrial projects, retail buildin gs , schools, medical office build ings and court fac ilities.
Our structu ral engineers have experience design ing and rev iewing projects constructed wit h all build ing materia ls including the following:
Wood Structura l Stee l
Re inforced asonry
Heavy Timber / Timbe r Frame / CLT
Re inforced and Prestressed Concrete
Stressed Skin Pane ls
Light Gauge Steel Fram ing
Straw Bale
Rammed Earth
Insulated Concrete Forms, (ICF)
Our engineers have designed orreviewed a wide array of structura l lateral force resist ing systems includ ing:
Structural stee l mom ent frames
Buckl ing-restrained braced frames
Eccentric braced frames
Concentric braced fra mes
Conc rete moment frames
Wood shear wall syste ms
Masonry shea r wall system s
Concret e sh ear wa ll systems
Cantilevered column systems
Pre-stressed and post-Tensio ned Concrete
Various proprietary lateral forc e resisting
systems
Our s ructural engineers and inspectors are experienced ~ ith the provisions of mos model codes including current versions of:
CCR Title 24 , Part 2, Vo lumes 2 & 2.5
Internat ional Bui lding Code {IBC)
AISC 341, 358 an d 360
ASC E7
ASC E41
AJSI Standards for Cold Formed Steel
Jurisdiction adopted amendments
Mechanical , Plumbing & Electrical
ANS I / AF&PA NDS for wood framing
ACl318
ACI 530 / T 1S 402/602
CA Historic Build ing Codes
CA Existing Bu ilding Cod es
NEHRP
BPR's 1ec hanical and Electrical Enginee rs are,. ell versed in the Cal ifornia Mechan ical, Plumbi ng and Electri cal codes. We willreview submitted design documents to ensure compl iance to the curren ed i ion ofthe followin g codes:
Californ ia Buildin g Code
Ca lifornia Residentia l Code
Ca lifornia Plumbing Code
Californ ia Mechan ica l Code
California Electrica l Code
Jurisd iction adopt ed amendments
Spec ialty plan review services may be prov ided utilizi ng the most current editions of national sta ndards including the following:
Internat ional Bu ild ing Code
Internat ional Residential Code
Internat ional Mechan ical Code
International Plumbing Code
NFPA Stan dard s 20 ( fire pumps)
NFPA Stan dard s 72 (fire alarms)
NFPA Stan dards 99 (medical gases)
NFPA 101 Life Safety Code
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NFPA Standards 13 ( automatic fire
sprinkl er systems)
Energy Compliance
NEHRP Requ irements for Ex isting
Build ing
Our engineers and plans exam iners are up to date on all Ca lifornia Energy Code requ irement s as they re late to both new and remodel construction for all project types. Ou r staff have experience verifying CA Energy Code requirements for projects located within climate zo ne sixteen. The Energy Effic iency Standards for Residential and Non-Residential Buildings were established in 1978 in response to a legislative mandate to reduce California 's energy consu mption . These standards have been updated since that time to address a multitude of build ing components, systems and eq uipment with the goal of having new and updat ed bu ildings be more energy efficient , comfortable for building occupants, and less reliant offossi l fuels .
Green Building Standards
BPR 's staff has a working knowledge of the proper incorpor ation of CALGreen building criteria into project designs and the resu lting potential impact of these standards related to building code compliance and the environment. Our plans examiners will review project documents to verify compliance with adopted Gree n Bui lding Code S anda rds as req uired bystate law and local amendments and ordina nces .
Access Compliance & CASp Revi ew
All BPR CASp-certified professiona ls are nowledgeable ofstate and federal accessi bility laws and regulations and possess the expert ise necessary to promote access to faci lities for persons with disabilities. Our staff are experts in the industry, maintaining appropriate certific ations demonstrating their expertise , and are experienced provid ing services for bu ilding departments in a seamless manner balanced and in coordin ation with our client's expectations and needs. We wor colla boratively with our clients to address accessibility plan rev iew and inspection related issues as efficiently as possi ble.
Our plans exa miners are fully trained and amiliar wi h CA Building Code Access ibility require ments and ADA compliance requirements and are available for plan review and/or inspect ion services. We offer support to municipali ies for compl iance enforcemen and/ or develop ing transit ion plans. We ca n assist our clients in resea rching and providing interpretations of various speci c issues related to access compliance including access compliance obligation, transition plan development , construction costs and phasing, and regu lation interpreta tions.
Fire Code Plan Reviews
We have an expe rienced and licensed professiona l Fire Protection Enginee r on staff to address your fire and life safety needs. Our fire safety plan review and inspec tion staff can quickly and accu rately chec k plans for comp lia nce with applicable fire codes and st andards. Our fire protection staff rou tinely rev iew and inspect projects for compliance with fire and life safety regulations.
Our Fire Plans Exa miners and Inspectors have exte ns ive experience in the use and application ofthe following model codes, standards, and regu lations:
Ca liforn ia Fire Code (CFC) and California Bu ilding Code {CBC), with local amendments and regu lations.
Adopted Nationa l Fire Protectio n Standard s
Ca lifornia Health and Safety Code
Appropria te listings (CSF , U .L., etc.) for common systems and materials C -045- 2022
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Fire Department Standards
Code referenced ational Fire Protectio n Reference Standards unicipal, State or Federal regulations enforced by local Fire Agencies BPR 's staff is active with Californ ia Fire Prevention Office r's Assoc iation, as well as loca l chapters of International Code Council Building Officials Organ izations throughout the State of Ca liforn ia.
Electronic Plan Review
BPR Consulting Group is experienced with the City ofSouth La e Tahoe 's Google Drive-based elec tronic document transfer system and proposes to work with the City and use this system as requested. We do, however, maintain an efficien ShareFile- based, electronic docum ent, submittal system for receiv ing and s.end ing large elec ronic document files.
We will establish a unique distribution emai l address to which the City can send notifications and correspondence.
We will rev iew electron ic submittals utilizi ng Bluebeam, and can easily supplement ou r comment listswith snapshots of red lines to fac ilitate the plan review process and efficiently communicate our comments, where necessary .
Fina l electronic documents will be stamped in Bluebeam, flattened , an d returned o the City via the Google Drive link or ourShare Fi le portal.
Plan Review Completion Timeframes
We complete all plan reviews in a timely manner and within time-frame guidelines established by the City . As noted in the RFP, we will meet or exceed the City's timeframe to return a list of comments to the City and /or approva l not ification within fourteen (14 ) business days on the first review and maximum ten (10) business days on subsequent reviews . All plan chec com ments are subject to approval by the City and all requested revisions must be comp leted within twenty -four24 hours after quality assurance review by the City. In the event the review is completed and returned to the City delinquent one (1) to five (5) days in excess ofthe due date a 10% reductio n in cost to the City shall b provided . If the review is completed and returned to the City delinquent six (6) to ten (10) days in excess ofthe due date, a20 % reduction in cost to the City shall be provided.
Ifthe response ime exceeds ten (IO) days in excess ofthe due da te, the plan review shall be compl e ed at no cost to the City.
Communicating Plan Review Results
Plan review comment s, when necessary, will be typewritten into the City's Excel -based comment list fonnat.
The com mentswill refe rto specific details, drawi ngorsupporting document, and will reference app lica ble code sections. BPR viii provide a clear, concise, and thorough plan review letter itemized by specific discipline such as life safety, accessibility, structural , plumbing, mechanical, etc., that can be efficiently utilized by clients, designers, contractors, and owners to understand the noted deficiency and ma e necessary corrections to the project documents. At the completion ofeach plan review cycle, BPR Consult ingGroup will return a copy ofthe plan review comment letterto the Build ingOfficia l for review . BPR 's staff will not contact the designer directly unless directed by the Building Official. When necessary , in order to facilitate plan review approva l, we will C-045 -2022
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participate in meetings with City staff to discuss poss ible code compliant solutions to challenging design issues .
BPR staff shall be available for teleconferences at the request of the City and shall be available within one business day to respon d to questions from the City that may be generated during the plan review proc.ess.
Upon comp letion of the plan review process, we will return completed plan review documents, in either hard copy orelectronic format as required, bearing BPR'splan review stamps and ready for final approva l and permit issuance. If req uested our staff, will update the City 's permit tracking system and coordinate with other City departments to ensure all app licable entities have approved the project for permit issuance. Our final transmittal will indica e any deferred subm ittals, special inspect ion forms, etc. to be submitted to the Bui lding Department during construction. BPR 's staff viii also communicate all data as required to issue a Certificate of Occupancy as spec ified in CBC 111 .1. on a form provided by the Build ing Department. Recommendation of approva l will not be issued to the Building Official until all code compliance issues have been resolved and all building code issuance requirements have been satisfied .
Code Interpretations
We understand that all code interpretatio ns are subject to final review and approval by the Building Officia l.
BPR Consult ing Group 's engineers and plans exam iners will provide unbiased recommendations, code res ea rch, and bac kground information to assist the Building Official to ma e an informed code compliant determ ina ion. e further unders and that all plan review comments are subjec to rev iew and approval by the Building Department.
Customer Service IResponsiveness
BPR Consulting Group's staff is always availabl e and willing to discuss plan review issues for projects that we have reviewed with Bu ilding Department sta , applicants, designers and con rac ors via in-person orelectronic meetings, telephone, ore-mail as required to resolve plan review re lated issues. e mainta in 1icroso Teams Zoom and GoTo eeting accounts in order tofoster efficient communica tion with projec proponents who may be located outside the South Lake Tahoe area . Vo ice ma ils, e-mails will be responded to the same day they are received if possibl e, always wi in 24 hours.
When we are noti 1ed ha a plan rev iew project has been assigned to us, BP R'ss . a will ack nowledge the no ice immed iately, al vays w · hin 24 hou rs. BPR 's staff will be available within one business day o respond o questions from the Bu ilding O cia l or inspec ion staff which may be generated during field inspections of projects which were revie·w ed by BPR staff.
Permit Technician Services
Permit technic ian services are crucial to the success of he project's permit processing. The ability o property route plans to various plans exam iners for review, track subm ittals, track approvals, database managemen and issuance offi nal documents are all critica l to the success ofyour project . We understand that the ability to mainta in a smooth flow ofpermit documents between the City and consultant staff and maint ain accurate and up-to-date records, are ey elements to furnishing first-rate, efficient success ofthe project.
Our Perm itTechn icia ns will provide information about plan review status, will be organ ized and have the ability to ma intain filing system s necessary for trac ing the permits, plan chec progress , approved project documents, defe rred approvals and any other reco rds or information important to the efficient permitting of your project
C-045-2022
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SECTION E
PROJECT BUDGET
For complete building department plan rev iew services as outlined in ourproposal we propose a total fee of S42 ,800. 00 for all plan review services to be paid as noted in the table below :
Item Item Description Qty. Unit UnitPrice Item Bid Deliverables No. of Total
Meas.
Plan Review and Permitting Services - Recreation and Aquatics Center 1 Initial Plan Review
and Comments
1 LS $ 21, 800. 00 $ 21 ,800. 0 0 Plan ReviewComments
Second Iteration
2 Plan Review and 1 LS S8 ,600. 00 $ 8,600. 00 Plan Review Comments Comments
Third Iteration
Plan Review and
3 Comments (if
1 LS S3 ,800. 00 $ 3,800. 00 Plan Review Comments
required )
4 Final Plan Review ,
Approvals
1 LS $ 2 ,400. 00 $ 2,400. 00 Final Stamped Documents
Deferred
56 ,200. 00
Plan Review Comments / Final
5 Submittals
1 LS S6, 200. 00
Stamped Documents
Our proposed fixed fee unit price forplan review services for Items 1, 2, 3 and 4 will be billed at the completion oftheidenti 1ed plan review phase. We propose tha plan review services forItem 5, deferred submi als, be bill monthly on an hourly time and materials basis using the Schedule of Hourly Billing Rates included below with a not-toexceed budget of $6,200 as shown in thetable above.
Additional services not included within ourproposed scope ofservices will be billed monthlyon an hourly basis using the Scheduleof Hourly Billing Rates included below. Additional services will include the following:
Review ofmajordesign changes or revisions to project documents during the plan review process.
Review ofchanges orrevisions to drawings after BPR Consulting Group has approved the documents for construction.
eeting attendance atthe City 's office,job site, or at th design team 'soffices.
Review ofconstruction phase plan changes includingrevisions to approved plans, review of construction related repairs, RFl'sand change orders.
C-045-2022
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Proposed Hourly Rates for Personnel
Hou rly rat es for pe rsonnel designat ed in the RFP ar e shown bel ow:
Ro ger Peterson, SE Plan Re v iew Mgr./ Sr. Struct. Engr/ Ro n Beeh ler, CBO, SE Sr. Structu ra l Eng ineer
Dave Castillo, M E, FPE Mechanic al En gr. / Fire Protection En gr.
Jero me Schreiber, EE , ICC Electrica l Engineer
Rick Maddox, LCC El ectrica l Plans Exa m ine r
Andrew Bur e, CASp , ICC ICC / CASp Plans Ex am iner
1ark Mey ers, CBO, ICC IC C Pl ans Exam in er
ar Be rg, ICC , Mast er Code Pro f. ICC Plans Exami n er Dan Ga rcia, PE, REA, CPP Sr. Civil Engineer
Rick Walters, CASp , ICC, CBO, LEED ICC / CASp Pl ans Examiner Stacy Barke r Permit Techn ician / Adm in . Sup port
Overhead: Overh ead costs are included in th e fees an d rates shown in the tables above.
Incidental Costs: Incidental costs are included in t he fees and ra tes in th e tab les above .
Shipping: There is no ch ar ge for sh ipping.
140
S140
135
135
105
105
105
105
135
105
70 T ravel for Meetjngs: There will be no m ileage char ges for BPR staff to attend meeti ngs at the City of Sou t h Lake Tahoe.
Pena lty for Delinquent Plan Reviews
BPR understand s an d ag rees to the penalties assessed by t he City d ue to d el inquen t p lan re views. The pe n alties for delinq uent plan revi ews ar e as follows:
Number of Days Project is Delinquent Reduction of Fee
One ( 1) to five ( 5) Days 10%
Six ( 6) t o te n ( 10 Days 20%
In excess often ( 10} days 100%
C-045-2022
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EXHIBIT B
SCHEDULE OF CHARGES AND TIMELINE
TASK SCHEDULE
COST PROPOSAL
RECREATION & SWIM COMPLEX PRELIMINARY DESIGN CONCEPTS
TASK SCHEDULE
Item No. Item Description Unit Qty. Unit Amount
Price
I Ini tial Pl an Review and Comm ents LS I $ 2 1,800.00 2 Second Iteration Plan Rev iew and LS I $ 8,600.00
Comments
3 Third Iteration Plan Review and Comments LS I $ 3,800 .00 Ifrequired)
4 Final Plan Review, Approvals LS I $ 2,400.00
5 Deferred Submittals LS I $ 6,200.00
PROJECT COST PROPOSAL ( Task 1 through 5) $ 42,800.00
Timeline is defined in Exhibi. t A.
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EXHIBIT C
ANTI-LOBBYING CERTIFICATION
Consultant shall submit to City this certification prior to or at the time of the execution of this Agreement.
Th is 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:
l. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan , or cooperative agreement; and
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, " Disclosure Form to Report Lobbying ," in accordance with its instruction.
Consultant:
Name, Title
Bill Rodgers , Principal- in-Charge
C-045-2022
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C-045-2022 BPR Consulting
Final Audit Report
Created :
By:
Status:
Transaction ID:
I
2022- 04-07
jo Mcdonough Omcdonough@cityofs lt.us)
Signed
CBJCHBCAABAAU2NmfxPaqSuqnJ3DqYWsc- 0mFRiHlldU
C-045-2022 BPR Consulting" History
Document created by jo Mcdonou gh Omcdonough@cityofslt. us) 2022- 04-07 - 3:56 :53 PM GMT- IP address : 128. 92.136. 146 2022- 04-15
C:. Document emailed to Sue Blankenship ( sb lankenship@cityofslt. us) for signature 2022- 04-07 - 3 :58 :44 PM GMT
Ema il viewed by Sue Blankenship ( sb lankenship@cityofslt. us) 2022- 04-07 - 4 :06 :07 PM GMT- IP address : 12 .177. 140. 20 0""8
Document e-signed by Sue Blankenship ( sblankensh ip@cityofslt. us) Signature Date : 2022- 04-07 - 4 :06 :49 PM GMT - Time Source: server- IP address : 12. 177. 140 .20 C:. Document ema iled to He athe r Stroud ( hstroud@cityofslt. us) for signature 2022- 04-07 - 4 :06 :52 PM GMT
Email viewed by Heather Stroud ( hst roud@ cityofslt. us) 2022- 04-07 - 4 :15:16 PM GMT- IP address : 128. 92. 136. 146 0""8
Document e-signed by Heather Stroud ( h stro ud@cityofslt. us) Signature Date : 2022- 04-07 - 8 :44 :20 PM GMT - Time Source : server- IP address : 128. 92.136. 146 4 Document emailed to Devin Middlebrook ( dmiddlebrook@cityofslt. us) for signature 2022- 04-07 - 8 :44 :23 PM GMT
Email viewed by Devin Middlebrook ( dm iddlebroo k@cityofslt. us) 2022- 04-08 - 7:41 : 13 PM GMT- IP address : 66.189. 255. 213 0""8Document e-signed by Devin Middlebrook ( dmiddlebrook@cityofslt. us) Signature Date: 2022- 04-08 - 7:41 :28 PM GMT - Ti me Source : server- IP address : 66.189 .255. 213 4 Document emailed to brodgersa@bpr- grp .com for signature 2022- 04-08 - 7 :41 : 31 PM GMT
fl Adobe Acrobat Sign
310
Email sent to brodgersa@bpr- grp .com bounced and could not be delivered 2022- 04-08 - 7 :41 :40 PM GMT
jo Mcdonough Umcdonough@cityofslt. us) replaced signer brodgersa@bpr- grp. com with Bill Rodgers brodgers@bpr- grp. com)
2022- 04-12 - 3 :11 : 28 PM GMT- IP address : 128 .92.136 .146 e. Document emailed to Bill Rodgers ( brodgers@bpr- grp .com) for signature 2022- 04-12- 3:11 : 28 PM GMT
Email viewed by Bill Rodgers ( brodgers@bpr- grp. com)
2022- 04-15 - 6:12:22 PM GMT- IP address : 98 .252. 117. 220 0o Document e-signed by Bill Rodgers ( brodgers@bpr- grp. com) Signature Date : 2022- 04 -15 - 6:13 :37 PM GMT - Time Source : server- IP address : 98 .252 .117 .220 0 Agreement completed .
2022- 04-15- 6:13 :37 PM GMT
fJ Adobe Acrobat Sign
311
WLTR005
THE HARTFORD
BUSINESS SERVICE CENTER
3600 WISEMAN BLVD
SAN ANTONIO TX 78251 September 16, 2021
City of South Lake Tahoe
1901 LISA MALOFF WAY
SOUTH LAKE TAHOE CA 96150- 7167
Account Information:
Policy Holder Details : BPR Consulting Group LLC
Contact Us
Business Service Center
Business Hours: Monday - Friday
7AM - 7PM Central Standard Time)
Phone:( 888) 925-3137
Fax:( 888) 443-6112
Email: agency. services@thehartford. com
Website: https:// business. thehartford. com
Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns.
Sincerely,
Your Hartford Service Team
312
CERTIFICATE OF LIABILITY INSURANCE
DATE ( MM/ DD/ YYYY)
09/ 16/ 2021
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 be endorsed. If SUBROGATIONIS 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 endorsement(s).
PRODUCER
NUTMEG INS AGENCY INC/ PHS
76210775
The Hartford Business Service Center
3600 Wiseman Blvd
San Antonio, TX 78251
CONTACT
NAME:
PHONE
A/C, No, Ext):
888) 925-3137 FAX
A/C, No):
888) 443-6112
E-MAIL
ADDRESS:
INSURER( S) AFFORDING COVERAGE NAIC#
INSURED
BPR Consulting Group LLC
2201 FRANCISCO DR STE 140-658
EL DORADO HILLS CA 95762-3741
INSURER A : Sentinel Insurance Company Ltd. 11000
INSURER B : Twin City Fire Insurance Company 29459
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD
POLICY NUMBER
POLICY EFF
MM/ DD/ YYYY)
POLICY EXP
MM/ DD/ Y YYY)
LIMITS
A
COMMERCIAL GENERAL LIABILITY
X X 76 SBU BH4644 07/01/2021 07/01/2022
EACH OCCURRENCE $ 2,000,000
CLAIMS- MADE X OCCUR DAMAGE TO RENTED
PREMISES ( Ea occurrence)$
1,000,000
X General Liability MED EXP ( Any one person)$ 10,000
PERSONAL & ADV INJURY $ 2,000,000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY
PROJECT X
LOC PRODUCTS - COMP/ OP AGG $ 4,000,000
OTHER:
A
AUTOMOBILE LIABILITY
76 SBU BH4644 07/01/2021 07/01/2022
COMBINED SINGLE LIMIT
Ea accident)$
2,000,000
ANY AUTO BODILY INJURY ( Per person)
ALL OWNED
AUTOS
SCHEDULED
AUTOS
BODILY INJURY ( Per accident)
X
HIRED
AUTOS
X
NON- OWNED
AUTOS
PROPERTY DAMAGE
Per accident)
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMSMADE
EACH OCCURRENCE
AGGREGATE
DED RETENTION $
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY
PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/ A 76 WEG AM1ND3 07/01/2021 07/01/2022
X
PER
STATUTE
OTHER
Y/N E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations.
CERTIFICATE HOLDER CANCELLATION
City of South Lake Tahoe
1901 LISA MALOFF WAY
SOUTH LAKE TAHOE CA 96150-7167
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
1988- 2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 313
ACORD 101 ( 2014/01)© 2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID:
LOC# :
ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY
NUTMEG INS AGENCY INC/PHS
NAMED INSURED
BPR CONSULTING GROUP LLC
2201 FRANCISCO DR STE 140-658
EL DORADO HILLS CA 95762- 3741
POLICY NUMBER
SEE ACORD 25
CARRIER
SEE ACORD 25
NAIC CODE
EFFECTIVE DATE: SEE ACORD 25
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE City of South Lake Tahoe, its elected or appointed officers, officials, employees, agents and volunteers , but only as required by a valid written contract, agreement, or permit is an additional insured as provided by the Blanket Additional Insured By Contract, Form SS0008 attached to the policy. Coverage is primary and noncontributory per the Business Liability Coverage Form SS0008, attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per the Business Liability Coverage Form SS0008, attached to this policy. Notice of Cancellation will be provided in accordance with Form SS1223, attached to this policy.
314
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:10
Agenda Item: Drainage Easement Acquisition at 3740 Blackwood Road for the Upper Bijou Park Creek Watershed Restoration Project
Executive Summary: The Upper Bijou Park Creek Watershed Restoration Project is a watershed-scale project seeking to address water quality and flooding issues in a phased approach in order to provide treatment for urban runoff from roadways, commercial and residential areas in an approximately 850- acre watershed that discharges to Lake Tahoe via the Ski Run Marina. The City completed Phase 1 in 2018 with the redevelopment of the Knights Inn hotel, replacing the failing storm drain infrastructure with new storm water treatment basins and conveyance system integrated in the Whole Foods/Southwest Corner redevelopment project. The City is currently in Phase 2 of the project, focused on the large upper watershed area that is subject to historic flooding, development impacts in SEZ areas, and water quality issues. On September 26, 2023, the City Council authorized in closed session to negotiate the purchase of a drainage easement on 3740 Blackwood Road to support land acquisition needed to construct Phase 2 of the project, specifically the Rockwood to Blackwood Drainage Improvements and downstream SEZ Enhancement. This request action to authorize acquisition of a drainage easement at 3740 Blackwood Drive (APN 025-021-077) for a total amount of $117,780 will enable construction of a grant funded drainage and water quality improvement project replacing failing and inadequate pipes beneath the Heavenly Valley Estates Mobile Home Park and installing absent infrastructure along a segment of Blackwood Drive from Spruce Avenue to Pioneer Trail.
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to execute the Purchase Agreement with Heavenly Estates MHC LLC for a Drainage Easement Acquisition at 3740 Blackwood Road for a total amount of $117,780, for the Upper Bijou Park Creek Watershed Restoration Project
Responsible Staff Member: Jason Burke, Complete Streets Program Manager and Brianna Greenlaw, Associate Civil Engineer
Reviewed and Approved By: Anush Nejad, Director of Public Works; Susan Blankenship, City Clerk; Olga Tikhomirova, Director of Finance; Heather Stroud, City Attorney Attachments:
01-Staff Report-BUPC Acquisition.docx
02-Resolution-Purchase Agreement.docx
03-Purchase Agreement Heavenly Estates (Attachment to Reso).pdf 04-Grant Easement.pdf
05-Res 2022-066 Lake Tahoe Restoration Act Funding.pdf
315
Council Agenda Report April 23, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: April 23, 2024
Title: Authorization of Drainage Easement Acquisition of 3740 Blackwood Road for the Upper Bijou Park Creek Watershed Restoration Project
Location: 3740 Blackwood Road (APN 025-021-077)
Responsible Staff Member: Jason Burke, Complete Streets Program Manager (530) 542-6038; Brianna Greenlaw, Associate Civil Engineer (530) 542-6042 Background:
The Upper Bijou Park Creek Watershed Restoration Project (Project) is a watershed-scale project seeking to address water quality and flooding issues in a phased approach in order to provide treatment for urban runoff from roadways, commercial and residential areas in an approximately 850-acre watershed that discharges to Lake Tahoe via the Ski Run Marina. The City completed Phase 1 in 2018 with the redevelopment of the Knights Inn hotel, replacing the failing storm drain pipe with new stormwater treatment basins and conveyance system integrated in the new Wholefoods/Southwest Corner redevelopment project.
The City is currently in Phase 2 of the project, focused on the large upper watershed area that is subject to historic flooding, development impacts in SEZ areas, and water quality issues. The upper watershed project includes plans to restore SEZ and floodplain areas, provide drainage solutions to support future active transportation improvements focused on the Bijou Community School and phase 1c of the Dennis Machida Memorial Greenway Trail, and include distributed natural treatment systems to reduce sediment and nutrients loads in urban runoff that has the potential to impact Lake Tahoe.
On September 26, 2023, the City Council authorized in closed session to negotiate the purchase of a drainage easement on 3740 Blackwood Road to support land acquisition needed to construct the Project, specifically the Rockwood to Blackwood Drainage Improvements and downstream SEZ Enhancement.
Flooding at Heavenly Valley Mobile Home Park and
Rockwood Drive that would be mitigated by drainage
improvement project.
Flooding along Blackwood Road that would be mitigated by the drainage improvement project.
316
Council Agenda Report April 23, 2024 Page 2 of 3
Flooding along Blackwood Road that would be mitigated by the drainage improvement project.
Flooding along Blackwood Road that would be mitigated by project.
Issue and Discussion:
The City’s subconsultant, Interwest Consulting Group, is providing property acquisition services to the City for the purchase of the properties needed for the construction of the Project. Interwest is providing the City with a licensed realty agent, authorized to conduct property acquisition negotiations, and provide documents needed for property acquisitions. Approval of this acquisition will allow the City to move forward with construction of project elements currently funded by the U.S. Forest Service through Lake Tahoe Restoration Act (LTRA) grant funding previously secured in Resolution 2021-046 and 2022-066 for a total of approximately $1.4 M in construction funding.
This request action to authorize acquisition of a drainage easement at 3740 Blackwood Drive (APN 025-021- 077) for a total amount of $117,780 will enable construction of a critical new storm drain pipe to replace failing and inadequate pipes beneath the Heavenly Valley Mobile Home Park and install absent infrastructure along a segment of Blackwood Drive from Spruce Avenue to Pioneer Trail, as shown in the photos. Included with this item is an Agreement for Acquisition of Real Property prepared by the acquisition consultants and signed by the property owner and Grant of Permanent Stormwater Drainage Easement.
Financial Implications:
The funds to purchase the property are available within the funds appropriated by Resolution No. 2022-066, submittal of a grant amendment that allows the City’s match funding under the grant agreement to be used for required acquisitions. This acquisition is critical to move forward with utilizing the $1.4M U.S. Forest Service LTRA grant fund for implementation.
Environmental Considerations:
After completing all public noticing and review period required by relevant state laws, the Planning Commission adopted the CEQA Initial Study/Mitigated Negative Declaration for the Project on November 19, 2020 (SCH # 202090564). The proposed improvements on this parcel were considered as a part of the adopted CEQA documents as a preferred alternative.
Policy Implications:
This acquisition will support the implementation and construction of a grant funded drainage and water quality improvement project to address the consistent flooding and water quality issues that impact residents of the Heavenly Valley Mobile Home Park where tributaries to Bijou Park Creek have been impacted by urban development in the area of Woodbine Avenue, Rockwood Drive and Blackwood Road. The existing drainage system is antiquated, inadequate and failing, and this project will provide improved drainage and water quality infrastructure to address drainage and water quality issues identified in the Drainage Master Plan and Pollutant Load Reduction Plan. The area was developed without adequate drainage systems or easements to provide drainage improvements.
317
Council Agenda Report April 23, 2024 Page 3 of 3
Implementation of this grant funded project advances the City Council Strategic Policies and Goals, specifically:
Action Item 5.3 (Infrastructure and Maintenance) by developing sustainable infrastructure projects, based on the prioritized capital improvement project list. Action Item 5.5 (Fiscal Sustainability, Resiliency & Transparency) by utilizing grant funding to implement this important drainage project.
318
Resolution 2024-XXX April 23, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
April 23, 2024
Authorizing the Purchase Agreement for the Drainage Easement Acquisition of 3740 Blackwood Road for the Upper Bijou Park Creek Watershed Restoration Project
BACKGROUND
A. Acquisition of a drainage easement through 3740 Blackwood Road is critical for the implementation of the Upper Bijou Park Creek Watershed Restoration drainage improvements funded by the U.S. Forest Service - Lake Tahoe Restoration Act grant and associated amendment accepted by the City in Resolutions 2021-046 and 2022-066 for construction and design.
B. The City has negotiated a Purchase Agreement with the Property Owners for the purchase in fee of a drainage easement totaling 11,848 square feet for $117,780 (APN 025-021-077).
C. On June 7, 2022, City Council approved Resolution No. 2022-066, submittal of a grant amendment that allows the City’s match funding (301-40051) under the grant agreement to be used for required acquisitions.
D. The drainage easement to be purchased will allow for the installation of an essential component of the new storm drain system to improve drainage upstream of Blackwood Road at Woodbine Road and Rockwood Road, through the Heavenly Valley Estates Mobile Home Park, and along Blackwood Road as a part of the larger Upper Bijou Park Creek Watershed Restoration 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 Mayor to execute the Purchase Agreement, attached hereto, to acquire in fee the drainage easement through 3740 Blackwood Road (APN 025-021-077) property as described within the Purchase Agreement for the price of $117,780 plus closing costs, fees, and taxes that are associated with the property purchase.
2. Authorizes and directs the City Manager to take any further actions necessary to implement the Purchase Agreement.
Adopted by the City of South Lake Tahoe City Council on April 23, 2024 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Cody Bass, Mayor
319
Resolution 2024-XXX April 23, 2024 Page 2 of 2
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
320
1 APN: 025-021-077
TITLE REPORT NO: P-608999
PROJECT: Bijou Park Creek Restoration Project
OWNER: Heavenly Estates MHC LLC
AGREEMENT FOR ACQUISITION OF REAL PROPERTY
THIS AGREEMENT FOR ACQUISITION OF REAL PROPERTY (“Agreement”) is entered into this day of , 2024 (“Effective Date”), by and between the CITY OF SOUTH LAKE TAHOE, a municipal corporation of the State of California, (“City”), and HEAVENLY ESTATES MHC LLC, a California limited liability company (“Property Owner”). City and Property Owner may hereinafter be referred to as the “Parties.”
RECITALS
A. Property Owner is the owner of the real property located at 3740 Blackwood Road in South Lake Tahoe, California, more commonly known as Assessor’s Parcel Number 025-021-077.
B. City desires to acquire Permanent Easement interest in a portion of Subject Property, as described in the attached legal description marked Exhibit “A” and depicted on the attached Plat Map marked as Exhibit “B”, which are attached hereto and incorporated herein by reference (the “Subject Property”) for the purpose of the Bijou Park Creek Restoration Project (the “Project”).
C. On or about October 7, 2022, City sent to Property Owner a notice of City’s intent to appraise the Property Interest for the purpose of initiating negotiations to acquire said interests for the Project, and pursuant to such notice, City obtained an appraisal of the Property Interest; and
D. Property Owner and City have agreed to execute this Agreement in lieu of condemnation, and this purchase and sale is directly and expressly under threat of Eminent Domain. In the event that the Parties were not able to reach an agreement for the purchase and sale of the Property Interest at issue in this Agreement, City would have initiated Eminent Domain proceedings to allow it to acquire same in the Subject Property.
NOW, in consideration of the mutual covenants and promises of the Parties, the Parties agree as follows:
1. AGREEMENT TO SELL AND PURCHASE. Property Owner shall sell to City and City shall purchase from Property Owner the Property Interest on all of the terms and conditions in this Agreement.
321
2 2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of: One Hundred Seventeen Thousand Seven Hundred Eighty Dollars ($117,780.00).
3. ESCROW. City agrees to open an escrow in accordance with this Agreement with Placer Title Company (hereinafter referred to as “Escrow Agent”), located in South Lake Tahoe, CA within one (1) week of entering into this Agreement. This Agreement constitutes the joint escrow instructions of City and Property Owner, together with such additional instructions as may be executed by the Parties and delivered to the Escrow Agent. Escrow Agent, to whom these instructions are delivered, is hereby empowered to act under this Agreement. The parties agree to do all acts necessary to close this escrow in the shortest possible time.
Property Owner has executed and handed to City, concurrently with this Agreement a Permanent Easement Deed. As soon as possible after opening of escrow, City will deposit the executed said instrument, with Certificate of Acceptance attached, with Escrow Agent.
City agrees to deposit the Purchase Price upon demand of Escrow Agent. City and Property Owner agree to deposit with Escrow Agent any additional instruments as may be necessary to complete this transaction.
4. ESCROW FEES, CHARGES AND COSTS. City agrees to pay all fees, charges, and costs which arise in this escrow, including title insurance premiums.
5. PERMISSION TO ENTER SUBJECT PROPERTY.
(a) Property Owner grants to City, its agents, employees, and/or contractors permission to enter upon the Subject Property at all reasonable times prior to Close of Escrow for any purposes, including, but not limited to, inspecting the Subject Property, taking samples of the soil, and conducting an environmental audit (including an investigation of past and current uses of the Subject Property). City shall indemnify and defend Property Owner against and hold Property Owner harmless from all losses, costs, damages, liabilities, and expenses, including, without limitation, reasonable attorney’s fees caused by the City’s entry onto the Subject Property or any activity thereon by City or its agents, employees, or contractors prior to the Close of Escrow except to the extent any such losses, costs, damages, liabilities, and expenses arise out of any acts of Subject Property Owner. Any entry onto the Subject Property by City or its agents, employees, or contractors shall be at reasonable times. The provisions of this Section shall survive the Close of Escrow.
(b) In addition to the provisions of subdivision (a) hereof, City and its agents, employees, or contractors shall have the right, from the Effective Date until the Close of Escrow, to contact any federal, state, or local governmental authority or agency to investigate any matters relating to the Subject Property. Subject Property Owner agrees to cooperate reasonably with City and its agents, employees, or contractors in the inspection of the Subject Property and agrees to deliver to City all information in Property Owner’s possession or control pertaining to the condition of the Subject Property, including engineering and environmental reports, studies, tests, monitoring results, and related 322
3 documentation.
6. HAZARDOUS MATERIALS/SUBSTANCE.
(a) As used in this Agreement, “hazardous materials or substance” means any chemical, compound, material, mixture, or substance that is now or may in the future be defined or listed in, or otherwise classified pursuant to any environmental laws as a “hazardous substance”, “hazardous material”, “hazardous waste”, “extremely hazardous waste”, “infectious waste”, “toxic substance”, “toxic pollutant”, or any other formulation intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, or toxicity. The term “hazardous materials” shall also include asbestos or asbestos-containing materials, radon, chrome and/or chromium, polychlorinated biphenyls, petroleum, petroleum products or byproducts, petroleum components, oil, mineral spirits, natural gas, natural gas liquids, liquefied natural gas, and synthetic gas usable as fuel, perchlorate, and methyl tert-butyl ether (MTBE), whether or not defined as a hazardous waste or hazardous substance in the environmental laws.
(b) To the fullest extent allowed by law, Property Owner agrees to unconditionally and fully indemnify, protect, defend (with counsel satisfactory to City), and hold City and its elected and appointed officers, officials, employees, agents, consultants and contractors harmless from and against any and all claims (including without limitation third party claims for personal injury, real or personal property damage, or damages to natural resources), actions, administrative proceedings (including without limitation both formal and informal proceedings), judgments, damages, punitive damages, penalties, fines, costs (including without limitation any and all costs relating to investigation, assessment, analysis or cleanup of the Subject Property), liabilities (including without limitation sums paid in settlements of claims), interest, or losses, including reasonable attorneys’ and paralegals’ fees and expenses (including without limitation any such fees and expenses incurred in enforcing this Agreement or collecting any sums due hereunder), together with all other costs and expenses of any kind or nature (collectively, the “Costs”) that arise directly or indirectly from or in connection with the violation of environmental laws or the presence, suspected presence, release, or suspected release, of any hazardous materials in, on or under the Subject Property or in or into the air, soil, soil gas, groundwater, or surface water at, on, about, around, above, under or within the Subject Property, or any portion thereof, except those Costs that arise solely as a result of actions by City. The indemnification provided in this paragraph shall specifically apply to and include claims or actions brought by or on behalf of employees of Property Owner or any of its predecessors in interest and Property Owner hereby expressly waives any immunity to which Property Owner may otherwise be entitled under any industrial or worker’s compensation laws. In the event the City suffers or incurs any Costs, Property Owner shall pay to City the total of all such Costs suffered or incurred by the City upon demand therefore by City. The indemnification provided by this Section shall include, without limitation, all loss or damage sustained by the City due to any hazardous materials: (a) that are present or suspected by a governmental agency having jurisdiction to be present in the Subject Property or in the air, soil, soil gas, groundwater, or surface water at, on, about, above, under, or within the Subject Property (or any portion thereof) or to have emanated 323
4 from the Subject Property, or (b) that migrate, flow, percolate, diffuse, or in any way move onto, into, or under the air, soil, soil gas, groundwater, or surface water at, on, about, around, above, under, or within the Subject Property (or any portion thereof) after Effective Date as a result of Property Owner’s or its predecessors’ activities on the Subject Property.
The provisions of this Section shall survive the termination of this Agreement and the Close of Escrow.
7. PRELIMINARY TITLE REPORT AND EXCEPTIONS.
(a) By not later than seven (7) business days following the Effective Date, the City may at its discretion obtain a preliminary Title Report (“Title Report”) for the Subject Property, setting forth all liens, encumbrances, easements, restrictions, conditions, pending litigation, judgments, administrative proceedings, and other matters affecting Property Owner’s title to the Subject Property.
(b) City may approve or disapprove each exception shown on the Title Report and each encroachment, overlap, or boundary line dispute, or any other matter that materially and adversely affects title to the Property Interest or that violates any law, rule, or regulation (each an “Exception”) within thirty (30) days following the Effective Date.
City’s failure to object within said time period shall be deemed to be a disapproval of the Exceptions. The Exceptions approved by the City hereunder shall be referred to as the “Approved Exceptions.”
(c) If any Exception is disapproved or deemed disapproved (each a “Disapproved Exception”), the City at its discretion may agree in writing to give the Property Owner a specified amount of time to allow the Property Owner to cause each Disapproved Exception to be discharged, satisfied, released, or terminated, as the case may be, of record, and in a form that is reasonably satisfactory to City and Escrow Agent all at Property Owner’s sole cost and expense. Property Owner authorizes Escrow Agent to disburse from the cash portion of the Purchase Price and proceeds otherwise disbursable to Property Owner upon Close of Escrow the sum sufficient to discharge any Disapproved Exception that may be discharged only by the payment of money. If Property Owner is unable or unwilling to obtain a discharge, satisfaction, release, or termination of any Disapproved Exception within the time period specified by the City, then the City at its sole discretion may terminate this Agreement by giving Property Owner written notice of termination. The City at its sole discretion may choose to waive in writing any Disapproved Exception, in which event such Disapproved Exception shall be deemed an Approved Exception under this Agreement. If the City terminates this Agreement pursuant to this subsection, then the Parties shall be relieved of all further obligations and liabilities to each other under this Agreement except as otherwise provided herein, and all funds and documents deposited with Escrow Agent shall be promptly refunded or returned, as the case may be, by Escrow Agent to the depositing party.
(d) It shall be a condition to the Close of Escrow that Escrow Agent shall obtain and deliver to City no later than five (5) business days prior to the Close of Escrow, a title commitment for a CLTA Owner’s Title Insurance Policy (“Title Policy”) (or at City’s election, an ALTA Owner’s Title Insurance Policy) in the amount of the Purchase Price for the benefit and protection of City, showing fee simple title to the Property Interest, 324
5 vested in City, subject only to the Permitted Exceptions and the standard preprinted exceptions for the form of policy selected by City, including such endorsements as may reasonably be requested by City, and committing the title company to issue the Title Policy to City upon the Close of Escrow.
8. CONVEYANCE OF TITLE TO PROPERTY INTEREST AND WORK TO BE
PERFORMED BY THE CITY
At Close of Escrow, Property Owner agrees to convey to City the Property Interest described in Exhibits “A” and “B”. Property Owner agrees to convey by Permanent Easement Deed to City marketable fee simple title to the fee area free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes, EXCEPT:
a. Taxes for the fiscal year in which this escrow closes shall be cleared and paid in accordance with Sections 5081 – 5091 and Section 4986 of the Revenue and Taxation Code of the State of California, if unpaid at the Close of Escrow. b. Covenants, conditions, restrictions and reservations of record contained in the Permanent Easement Deed.
c. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any.
d. Tahoe Regional Planning Agency land coverage, which shall remain with the parcel to be retained by Property Owner (APN 025-021-077). e. All exceptions which are disclosed by the Title Report which are approved by City in writing.
f. Such other liens, encumbrances, reservations and restrictions as may be approved in writing by City.
In addition to the work the City is performing for the Project in the Permanent Easement Deed, the City will perform the work, at its sole cost and expense as described in Exhibit C, the Special Provisions. Property Owner agrees to cooperate with the City to allow the improvements described therein to be completed along with access to perform such work.
Property Owner shall notify any future buyers or assigns of any interest in the property pertaining to the future work.
9. PAYMENT OF MORTGAGE OR DEED OF TRUST. All money payable under this Agreement, up to and including the total amount of unpaid principal and interest on any note secured by a mortgage or deed of trust, and all other amounts due and payable in accordance with the terms and conditions of the mortgage or trust deed shall, on demand with written support, be made payable to the mortgagee or beneficiary. The mortgagee or beneficiary shall furnish City and Property Owner with good and sufficient receipt showing the money credited against the indebtedness secured by the mortgage or deed of trust. 325
6 10. NOTICE TO TENANTS. This agreement is expressly made between the City and the Property Owner. The City has not reviewed nor does it have access to any lease or rental agreements, if any, with any of Property Owner’s tenants. Property Owner is responsible for any notification to its tenants and for any terms of any lease or rental agreements between Property Owner and its tenants.
11. RELEASE AND PROPERTY OWNER INDEMNIFICATION. Except for instances involving a breach by City of its obligations under this Agreement, Property Owner releases, remises, acquits and forever discharges City, its employees, agents, attorneys and other representatives (collectively “Released Parties”) from and against any and all claims, causes of action, suits, legal or administrative orders or proceedings, demands, actual damages, punitive damages, losses, costs, liabilities and expenses, WHETHER KNOWN OR UNKNOWN, direct or indirect, foreseeable or unforeseeable, by any and all, current and/or future tenants, which concern or in any way relate to the City’s acquisition of the Property Interest, including, but not limited to, any and all claims for greater compensation, severance damages, litigation fees, costs, damages, loss of goodwill, real property, furniture, fixtures and equipment, and interest.
Property Owner expressly waives any and all rights Property Owner may have under Section 1542 of the California Civil Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN TO HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR.
All of the provisions of this Section 11 shall survive the Close of Escrow.
12. LOSS OR DAMAGE. Loss or damage to the Property Interest area or any improvements thereon, by fire or other casualty, occurring prior to the recordation of the Grant Deed shall be at the risk of Property Owner and the City may elect to terminate this Agreement. In the event that loss or damage to the real property or any improvements thereon, by fire or other casualty, occurs prior to the recordation of the Grant Deed, City may elect to require Property Owner to assign or pay to City the proceeds of any insurance which may become payable to Property Owner, or to permit such proceeds to be used for the restoration of the damage done, if any.
13. WARRANTIES, REPRESENTATIONS, AND COVENANTS
Property Owner warrants, represents, and/or covenants to City that:
a) To the best of Property Owner’s knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Subject Property 326
7 or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign, including related to hazardous substances; b) Until the closing, Property Owner shall maintain the Subject Property in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Subject Property;
c) Until the Close of Escrow, Property Owner shall not do anything which would impair Property Owner’s title to any of the Subject Property; d) To the best of Property Owner’s knowledge, neither the execution of this Agreement nor the performance of the obligations set forth in it will conflict with, or breach, any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Property Owner’s property may be bound;
e) Until the Close of Escrow, Property Owner shall, upon learning of any fact or condition which would cause any of the warranties, representations and covenants in this Agreement not to be true, immediately give written notice of such fact or condition to City;
f) Property Owner is not “foreign persons” within the meaning of Section 1445(f)(3) of the Internal Revenue Code of 1986, as amended, and does not have non-foreign status under California Revenue and Taxation Code sections 18692 and 18668; g) No condition on the Subject Property violates any health, safety, fire, environmental, sewage, building, or other federal, state, or local law, code, ordinance, or regulation;
h) Property Owner shall not permit any liens, encumbrances, or easements to be placed on the Subject Property, other than the Approved Exceptions, nor shall Property Owner enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Subject Property that would be binding on City or the Subject Property after the Close of Escrow without the prior written consent of City.
i) Any information that Property Owner has delivered to City, either directly or through Property Owner’s agents, is accurate and Property Owner has disclosed all material facts concerning the operation, development, or condition of the Property.
City warrants, represents and/or covenants to Property Owner that:
a) City is duly organized validly existing, and in good standing under California law; 327
8 b) The execution, delivery and performance of this Agreement and any of the other documents executed and delivered on behalf of City have been duly and validly authorized by all necessary action and proceedings;
c) The person executing this Agreement is duly appointed and authorized by City to execute such documents; and,
d) No consent from or notice to any governmental authority, other than the City Council of the City of South Lake Tahoe, or any other person or entity is required to permit City to execute, deliver and perform this Agreement in accordance with its terms.
14. DATE OF POSSESSION. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Section 2 herein are deposited into the escrow controlling this transaction. The amount shown in Section 2 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.
15. EMINENT DOMAIN DISMISSAL; FULL AND COMPLETE.
The parties hereto acknowledge that this transaction is a negotiated settlement in lieu of condemnation. Property Owner hereby waives all attorneys’ fees, costs, disbursements, and expenses arising out of any potential known or unknown issues relating to condemnation or inverse condemnation of the Subject Property, Property Interest or part thereof.
Property Owner hereby acknowledges that the Purchase Price constitutes the full and complete settlement of any and all claims for compensation or damages against City, by reason of City’s acquisition of the Property Interests and any dislocation of Property Owner from same, specifically including, but not limited to, the value of the Property Interest, any and all claims in inverse condemnation and for pre-condemnation damages, severance damages, any and all loss of business goodwill, and any and all other claims that Property Owner may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by City of the Property Interest; provided however, the Purchase Price does not include relocation benefits to which Property Owner may be entitled and which will be separately negotiated between the Property Owner and the City pursuant to state and federal laws.
If, prior to the Close of Escrow, Property Owner is served with a Summons and Complaint in Eminent Domain in which Property Owner are named defendants, upon the Close of Escrow, Property Owner agrees and consents to filing a Disclaimer in said action. Property Owner further agrees and consents to the dismissal of any eminent domain action in the Superior Court in which the descried land is included, if any, and also waive any and all claims to any money that may be on deposit for that action. This Agreement is full consideration for all claims of compensation and/or damage that may have arisen by any 328
9 such eminent domain action and/or the Bijou Park Creek Restoration Project, a public use, for which the Property Interest are being purchased.
Property Owner and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries, hereby release City from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation, damages, which any of them now have, or might hereafter have by reason of any matter or thing arising out or in any way relating to any condemnation action affecting the Subject Property. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties. This section shall survive the Close of Escrow and the termination of this Agreement.
16. AUTHORITY; DUE EXECUTION; ENFORCEABILITY. Property Owner has the full right, power and authority to execute, deliver and perform all obligations of Property Owner under this Agreement and all other instruments delivered or to be delivered by Property Owner prior to the Close of Escrow, and the execution, performance and delivery of this Agreement and the instruments by Property Owner have been duly authorized by all requisite actions. The persons executing this Agreement and the instruments on behalf of Property Owner have been duly authorized to do so. This Agreement and said instruments constitute valid and binding obligations of Property Owner, enforceable in accordance with their respective terms.
17. NO CONFLICT. Property Owner’s execution, delivery and performance of its obligations under this Agreement and any other documents will not constitute a default or a breach under any contract, agreement or order to which Property Owner is a party, by which Property Owner is bound, or which affects the Subject Property or any part thereof.
Without limiting the generality of the foregoing, the sale of the Property Interest pursuant to this Agreement does not violate the terms of any partnership, limited liability company agreement, or other agreement to which Property Owner or any of the individuals comprising Property Owner is a party, nor is the consent of any third party required for the sale of the Property Interest pursuant to this Agreement.
18. BROKERS. The parties hereto warrants and represents to the other that no person or entity can properly claim a right to a real estate commission, brokerage fee, finder’s fee, or other compensation with respect to the transaction contemplated by this Agreement. Each party agrees to defend, indemnify and hold harmless the other party from any claims, expenses, costs or liabilities arising in connection with a breach of this warranty and representation. The terms of this Section shall survive the expiration or earlier termination of this Agreement.
19. CONTINGENCY. It is understood and agreed between the Parties that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City of this Agreement. The execution of this document and the delivery of same to Escrow Agent constitutes said acceptance and approval. 329
10 20. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument.
21. SUCCESSORS. This Agreement shall inure to the benefit of and shall be binding on the Parties to this Agreement and their respective heirs, executors, administrators, assigns and successors.
22. ATTORNEYS’ FEES. If litigation is commenced between the Parties concerning the interpretation or enforcement of this Agreement, the prevailing party in that litigation shall be entitled to recover from the non-prevailing party all reasonable attorneys’ fees and costs. “Prevailing Party” shall include, without limitation, a party who dismisses an action in exchange for sums allegedly due; the party who receives performance from the other party for an alleged breach of contract or a desired remedy where the performance is substantially equal to the relief sought in an action; or, the party determined to be the prevailing party by a court of law.
23. NOTICES. Notices and other deliveries pursuant to this Agreement may be delivered by private messenger service, overnight mail, hand service or facsimile. Any notice or document required or permitted to be delivered by either party shall be in writing and shall be deemed to be given on the date received by (or on the date receipt was refused by) the party; provided, however, that all notices and documents delivered by overnight service shall be deemed received the next business day after deposit with a reputable overnight courier or delivery service for overnight delivery.
The address of the Parties shall for all purposes be the following, unless otherwise changed by the party by notice to the other as provided in this paragraph:
TO CITY: City of South Lake Tahoe
Attn: City Manager
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
TO PROPERTY OWNER(S):
Monte Christo Communities
For Heavenly Estates MHC LLC
Attn: Mark Thienes and Brock Kaveny
3308 El Camino Avenue, Suite 300 Room 608
Sacramento, CA 95821
24. ENTIRE AGREEMENT. This Agreement, its exhibits, and the documents referenced herein contain the entire agreement between the Parties to this Agreement and it shall not be modified in any manner except by an instrument in writing executed by the Parties or 330
11 their respective successors-in-interest. Neither party relies upon any warranty or representation not contained in this Agreement.
25. SEVERABILITY. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged thereby.
26. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement is intended to or shall confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder.
27. PARTIES NOT CO-VENTURERS. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another.
28. NON-LIABILITY OF OFFICIALS, EMPLOYEES AND AGENTS. No member, official, employee or agent of City shall be personally liable to Property Owner or its successors in interest in the event of any default or breach by City or for any amount which may become due to Property Owner or its successors in interest pursuant to this Agreement.
29. TIME OF THE ESSENCE. Time is of the essence for each condition, term, obligation and provision of this Agreement.
30. WAIVERS; MODIFICATION. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party. This Agreement may be amended or modified only by a written instrument executed by the Parties.
31. PROVISIONS NOT MERGED WITH DEEDS. None of the provisions, terms, representations, warranties and covenants of this Agreement are intended to or shall be merged by the Grant Deed, and the Grant Deed or any other document shall affect or impair the provisions, terms, representations, warranties and covenants contained herein. Without limiting the generality of the foregoing: (i) Property Owner’s representations, warranties and covenants contained herein shall survive the Close of Escrow, (ii) all provisions of this Agreement that expressly state that they shall survive the Close of Escrow and the termination of this Agreement, shall do so, and (iii) City and Property Owner intend that the disclosures, indemnities, and releases provided in this Agreement will survive the termination of this Agreement, the Close of Escrow and the transfer of the Property to City.
32. CAPTIONS; CONSTRUCTION. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both Parties have participated in the negotiation 331
12 and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.
33. ACTION OR APPROVAL. Where action and/or approval by City is required under this Agreement, City’s City Manager may act on and/or approve such matter unless the City Manager determines in his or her discretion that such action or approval requires referral to the City Council for consideration.
34. GOVERNING LAW; VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. City and Property Owner agree that any controversy arising under or in relation to this Agreement shall be litigated exclusively in the El Dorado County (the “Property Jurisdiction”). The state and federal courts and authorities with jurisdiction in the Property Jurisdiction shall have exclusive jurisdiction over all controversies which shall arise under or in relation to this Agreement. City and Property Owner each irrevocably consent to service, jurisdiction, and venue of such courts for any such litigation, and waive any other venue to which such party might be entitled by virtue of domicile, habitual residence or otherwise. The provisions of this Section shall survive the Close of Escrow and the termination of this Agreement.
35. TIME FOR PERFORMANCE. When the time for performance of any obligation under this Agreement is to be measured from another event, such time period shall include the day of the other event. If the day of the time for performance is not a regular business day, then the time for such performance shall be by the regular business day following such day.
36. ESCROW CANCELLATION CHARGES. If the escrow fails to close by reason of a default by City or Property Owner hereunder, such defaulting party shall pay all escrow or other charges. If the escrow fails to close for any reason other than default by City or Property Owner, then City shall pay such charges.
37. FURTHER ASSURANCES. City and Property Owner each agree to undertake such other actions as may reasonably be necessary to carry out the intent of this Agreement, including without limitation, the execution of any additional documents which may be required to effectuate the transactions contemplated hereby.
38. TITLE VI. The parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3.
No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract. 332
IN WITNESS WHEREOF, the City of South Lake Tahoe, a municipal corporation of the State of California, has authorized the execution of this Agreement by its Mayor and attestation by its Clerk by Resolution No. ______ , adopted by the City Council on the __ day of ___________ , and the Property Owner have caused this Agreement to be duly executed.
Dated: ----------
Dated: ----------
Dated: ----------
CITY:
THE CITY OF SOUTH LAKE TAHOE,
a municipal corporation of the State
of California
By: -------------
Cody Bass, Mayor
Approved As to Form:
By: --------
By:
Heather L. Stroud, City Attorney
PROPERTY OWNER:
HEAVENLY EST A TES MHC LLC, A
CALIFORNIA LIMITED LIABILITY
COMPA Y
Title:
By:
Name:
Title:
13 Signed in Counterpart
Signed in Counterpart
333
13 IN WITNESS WHEREOF, the City of South Lake Tahoe, a municipal corporation of the State of California, has authorized the execution of this Agreement by its Mayor and attestation by its Clerk by Resolution No. ______________, adopted by the City Council on the ____ day of ________________, _________, and the Property Owner have caused this Agreement to be duly executed.
CITY:
THE CITY OF SOUTH LAKE TAHOE,
a municipal corporation of the State
of California
Dated: _______________________ By:_______________________________ Cody Bass, Mayor
Approved As to Form:
Dated: _______________________ By:_______________________________ PROPERTY OWNER:
HEAVENLY ESTATES MHC LLC,
A CALIFORNIA LIMITED
LIABILITY COMPANY
Dated: ________________________
Dated: ________________________
By: __________________________
Name: Signed in Counterpart
Title:________________________
By: __________________________
Name: Signed in Counterpart
Title:________________________
Heather Stroud, City Attorney
Attest:
By: ____________________________
Susan Blankenship, City Clerk
Dated: _______________________
334
14 Exhibit A
Legal Description
APN# 025-021-077
335
EXHIBIT"A"
LEGAi. DESCRIPTION
ORA/NA GE EASEMENT
6/9/2023
File No. 22086-Bijou
A portion of the parcel of land situated in the southeast quarter of Section 33, Township 13 North, Range 18 East. M.D.M., El Dorado County California. being a portion of the parcel as described to Heavenly Estates MHC LlC. recorded in Deed Document No. 2021-0071748, official Records of El Dorado County, California, said portion is an easement strip of land
20.00 feet wide, the centerline of which is more particularly described as follows:
COMMENCING at the west corner of said Deed Document No. 2021-0071748, and considering the basis of bearings of this legal description to be identical to that of said Document No. 2021-0071748, South 77°
54'00" East a distance of 268.14 feet along the
south boundary of said Document No. 2021-0071748 to the POINT OF BEGINNING of said easement strip of land centerline containing the following four (4) courses and distances:
1. Leaving said south boundary North 17°
26'19" West a distance of 104.94 feet to an
angle point;
2. Thence North 09°
20' 34" East a distance of 68.30 feet to an angle point;
3. Thence North 49°
38'57" East a distance of 360.56 feet to an angle point;
4. Thence North 07°38'32" East a distance of 58.60 feet to a pomt along the northeasterly boundary of Said Document No. 2021-0071748 also being a point along the Blackwood Road right of way to the END POINT of said easement strip of land.
The sidelines of said easement strip of land shall be shortened or lengthened to at the boundaries of said south boundary of Deed Document No. 2021-0071748 and said northeasterly boundary of said Document No. 2021-0071748 also being the boundary of safd Blackwood Road right of way.
Said easement contains 11,848 square feet more or less.
Attached hereto is a plat labeled Exhibit "B" and by this reference made a part hereof.
END OF DESCRIPTION.
Pagelof:J
336
Prepared By:
Travis T Pachacki
License expires
P.L.S. 9186
03/31/2025
TerraGraphic Land Surveying
P.O. Box 266 (530) 318-1761
Tahoe City, CA 96145
[email protected]
PageZof3
337
15 Exhibit B
Plat
APN# 025-021-077
338
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58.60'
EXHIBIT "B"
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DRAINAGE EASEIVIEI\IT
500.00'
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BLACKWOOD ROAD
(50'ROW)
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DOC# 2021-007174B
N09 • 20' 34 "E
68.30'
N17 °16' 19"W
104,941
-----POINT OF BEGINNING
POINT OF COMMENCEMENT
•TERRAGRAPHIC lANDSURVEYING
PO BOX l66. TAHOE OTV. CA %145
, (5301318-1761 rraV/S®,rl!fragraphic.net PAGE 3 OF 3
FILE h22086
6/9/2023
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* Approximately 600 linear feet of 24-30-inch storm drain will be constructed within an open trench starting at the southern end of theproperty heading northwest between two existing mobile homes andalong the internal access road before making a northwest turn to connectto a new storm drain beyond the property. Amended as shown below * initial 340
Proposed Paving by CSLT at
Heavenly Valley Estates Mobile
Home Park (HVEMHP)
[SJ Proposed Paving Extent (18,150 SF)
0 so 100 200 Feet
I
N
A
341
342
343
344
345
346
347
348
349
Susan Blankenship, City Clerk
350
351
352
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:11
Agenda Item:
Authorization to Accept and Appropriate the $800,000 California Tahoe Conservancy Planning Grant for the Dennis Machida Memorial Greenway Trail Phase 1C
Executive Summary: The City of South Lake Tahoe has been awarded $800,000 in planning and design funds from the California Tahoe Conservancy for the Dennis Machida Memorial Greenway Trail Phase 1c. The City must accept and appropriate the aforementioned grant funding.
Requested Action / Suggested Motions: Pass a Resolution accepting and appropriating a California Tahoe Conservancy Planning Grant in an amount of $800,000 for the Dennis Machida Memorial Greenway Trail Phase 1C, and authorizing the Director of Pubic Works to execute and submit all documents for the completion of the project.
Responsible Staff Member: Jason Burke, Complete Streets Program Manager and Stephen Anderjack, Associate Civil Engineer
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report-CTC Grant Acceptance.docx
02-Resolution - CTC Grant Acceptance.docx
03-CTA23018L Agreement.pdf
04-CTC Resolution 23-12-06.pdf
354
Council Agenda Report April 23rd, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: April 23rd, 2024
Title: Authorization to Accept California Tahoe Conservancy Planning Grant Program for the Dennis Machida Memorial Trail Phase 1C
Location: Pioneer Trail (Herbert Avenue to Ski Run Boulevard) Responsible Staff Member: Jason Burke, Complete Streets Program Manager (530) 542- 6038
Stephen Anderjack, Associate Civil Engineer (530) 542-6033 Background: The Dennis T. Machida Memorial Greenway Trail will connect the Tahoe Sierra Neighborhood to Van Sickle Bi-State Park via a series of paved bicycle and pedestrian trails, completing the core of the non-motorized transportation network in the South Shore. Previously known as the South Tahoe Greenway Shared Use Trail, the original project approval and preliminary designs occurred in 2011 and were amended in 2016.
Phase 1A of the Greenway extends between Herbert Avenue and Glenwood Way in the heart of the Bijou neighborhood in South Lake Tahoe. This project phase was built in 2016 and is open to public use.
Phases 1B and 2 of the Greenway extend the trail south across Bijou Creek Meadow, crossing Al Tahoe Boulevard to Lake Tahoe Community College (LTCC). From LTCC, the trail crosses Trout Creek and Martin Avenue to provide a safe route to Sierra Boulevard in the Tahoe Sierra neighborhood. This project connects to the City of South Lake Tahoe’s Sierra Boulevard “complete streets” project and extends the bike trail network to the U.S. Highway 50 revitalization project. Phases 1B and 2 were completed in 2021 and are open to public use.
Phase 1C of the Greenway will extend from Herbert Ave. to Ski Run Blvd. To complete Phase 1C of the Greenway, the city has applied and been awarded $800,000 in grant funds from the Tahoe California Conservancy (CTC) to complete feasibility studies, alternatives analysis, and updates to the environmental document to move forward with the design of the project.
Issue and Discussion: On January 4, 2022, the City Council approved the appropriation of $200,000 of SLFRF funds for planning studies to assess the original conceptual trail alignment and environmental documents for Phase 1C as originally designed by the CTC in 2011.
The originally designed alignment for Phase 1C begins at the easterly terminus of phase 1a at Herbert Avenue, crosses into CTC owned land, then veers up to, and along the Pioneer Trail right of way to the limits of Ski Run Boulevard. This proposed alignment along the north side of Pioneer Trail comprises several design issues including limited site distance, insufficient right of way width, topography elevation changes, and property acquisition concerns that have prevented this section of the Greenway from moving forward. The Conservancy has stepped forward with this grant to provide an additional $800,000 to advance planning and design utilizing the survey and feasibility analysis previously completed by the City.
This requested action will authorize acceptance and appropriation of $800,000 in grant funds to advance the design of this phase of the Greenway. These grant funds can only be used to fund up to 50% of project design.
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Council Agenda Report April 23rd, 2024 Page 2 of 2
Financial Implications: On June 7th 2022 the City Council authorized appropriation of $56,037 in Resolution 2022-065 in addition to the previously allocated $200,000 in American Rescue Plan Act funds for engineering design services for Phase 1C of the Greenway. This grant from the Conservancy will provide an additional $800,000 to complete feasibility assessment, public meetings, alternative development, environmental review, and initiation of detailed engineering drawings for a preferred alternative alignment. This grant has no formal match requirement and will allow the City to build on the previously completed survey and feasibility assessments. Upon receipt of the grant, staff plans to issue an RFP using the remaining $173,544 ARPA funds, in addition to the $800,000 in Conservancy grant funds to advance the project with the goal of becoming “shovel ready.” No additional funds are being requested at this time.
Environmental Considerations: Acceptance of the grant is statutorily exempt from review under CEQA Guidelines section 15262 (planning and feasibility studies). “A project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors. This section does not apply to the adoption of a plan that will have a legally binding effect on later activities.”
Policy Implications: Authorizing this grant acceptance will partially fund the design and environmental work for the Greenway that will advance the City Council Strategic Priorities and Goals, specifically:
Action Item 1.4 (Transportation): Prioritize the implementation of trail and complete street projects including continued progress of the Greenway to Van Sickle Bi-State Park. Action Item 2.3 (Connectivity): Enhance the connectivity of the community for those on foot and bike, while promoting a car-free culture.
Action Item 5.3 (Infrastructure and Maintenance): Actively seek funding to develop sustainable infrastructure projects, based on the prioritized capital improvement project list.
The project will also provide greenhouse gas reduction benefits, providing progress on Action #WB-1 of the 2020 Climate Action Plan: Improve bicycle and pedestrian networks. 356
Resolution 2024-XXX April 23, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
April 23, 2024
Authorization to Accept and Appropriate the $800,000 California Tahoe Conservancy Planning Grant for the Dennis Machida Memorial Greenway Trail Phase 1C
BACKGROUND
A. The City of South Lake Tahoe has designated the Dennis Machida Memorial Greenway Trail Phase 1C a viable and desired project and approved an application to the California Tahoe Conservancy for up to $800,000 in planning and design funding in Resolution 2023-114, with no formal match requirement.
B. On December 14, 2023, the California Tahoe Conservancy authorized Resolution 23-12-06, awarding $800,000 in grant funding the City of South Lake Tahoe to provide a grant for feasibility, planning and environmental review required to advance the design of phase 1C of the Greenway.
C. The grant has been drafted and the City can now accept and execute the grant agreement and appropriate the grant funds.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Approves the receipt of the grant and appoints the Public Works Director or designee to conduct all negotiations, execute and submit all documents including, but not limited to the grant agreement, amendments, payment requests ect., which may be necessary for the completion of the aforementioned project.
2. Upon execution of the grant agreement by all parties, accepts the grant funds and authorizes the Finance Director to load the Annual Budget as follows:
Revenue: $800,000 into 301-50041-33212 (CTC)
Expenses: $800,000 into 301-50041-42020 (Professional Services) Adopted by the City of South Lake Tahoe City Council on April 23th, 2024 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
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Resolution 2024-XXX April 23, 2024 Page 2 of 2
Cody Bass, 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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2. The term of this Agreement is:
3/18/2024
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3/19/2024
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GRANT AGREEMENT
1 CTA23018L
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THIS AGREEMENT (Agreement) is entered into between the California Tahoe Conservancy (Conservancy) and the City of South Lake Tahoe (Grantee) effective upon the date this Agreement has been fully executed by both parties (Effective Date).
1. Scope of Agreement
The Conservancy, pursuant to its Resolution no. 23-12-06 of December 14, 2023 and Section 21000 et seq. and Section 66907.7 of the Government Code, grants to the Grantee a sum not to exceed eight hundred thousand dollars ($800,000), subject to the terms and conditions set forth below.
These funds shall be used for feasibility analysis, planning, and environmental review of the next section of the Dennis T. Machida Memorial Greenway, as described in Exhibit A (Project).
The Grantee hereby agrees to complete the Project in accordance with:
a. The terms and conditions of this Agreement;
b. The Scope of Work and Grant Schedule described in Exhibit A; and c. The Budget Detail as set forth in Exhibit B.
The Grantee shall at all times exercise responsibility over the Project.
2. Incorporation of Documents by Reference
The following exhibits and other documents are incorporated by reference into this Agreement and made a part hereof:
a. Exhibit A, Scope of Work and Grant Schedule;
b. Exhibit B, the Budget Detail;
c. Exhibit C, the Grantee's List of Assurances;
d. Exhibit D, Request for Disbursement Form;
e. Exhibit E, Eligible and Ineligible Costs;
f. Exhibit F, Reporting and Data Requirements; and
g. Exhibit G, Mandatory Insurance Provisions.
In the event of any inconsistency between or among the main body of this Agreement and the above documents, the inconsistency shall be resolved, except as otherwise provided herein, by giving precedence in the following order: (1) the body of the Agreement; (2) the Scope of Work and Grant Schedule; (3) the Budget Detail; (4) the List of Assurances; (5) the Eligible and Ineligible Costs; (6) the Mandatory Insurance 361 745
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Provisions; (7) the Reporting and Data Requirements; and (8) the Request for Disbursement Form.
3. Scope of Work
The Scope of Work, Exhibit A, describes the tasks and deliverables funded by this grant.
The Scope of Work may be modified upon Grantee's submission of a modified Scope of Work and the Executive Director's (or designee’s) written approval.
4. Other Contractors
Nothing in this Agreement shall create any contractual relationship between any third party contractor and the Conservancy.
5. Publicity and Acknowledgment
Grantee agrees that it will acknowledge the Conservancy's support whenever work funded in whole or in part by this Agreement is publicized in any news media, brochures, articles, seminars, or other type of promotional material.
6. Copies of Data, Plans and Specifications, Reports
Grantee shall provide the Conservancy with copies of all data, design plans, specifications, photographs, audio and video productions, films, recordings, reports, findings, and recommendations of every description or any part thereof, prepared under this Agreement in accordance with the Reporting and Data Requirements, Exhibit F.
All material, data, information, and written, graphic, or other work produced or developed, and formally or informally produced or delivered for or to the Conservancy under this Agreement is subject to the unqualified and unconditional right of the State of California to use, reproduce, publish, display, and make derivative use of all such work, or any part of it, for or on behalf of the Sate or to carry out State objectives, free of charge and to authorize others to do so. Upon issuance of a trademark, service mark, or patent claiming such work, the Conservancy shall be granted a perpetual, royalty-free, nonexclusive, and irrevocable license to use, reproduce, and publish the work or any part of it, and use the work or any part of it in the creation of derivative works for or on behalf of the State, or to carry out State objectives, and to grant to any third party a comparable and coextensive sublicense. If any such work is subject to copyright, Grantee will not assert its rights under copyright against the Conservancy, or against any third party, through the Conservancy, to use, reproduce, publish, create derivative 362 746
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works, display, or perform the work or any part of it for or on behalf of the State or to carry out State objectives.
Grantee shall submit all electronic data collected and created under this Agreement to the Conservancy. A condition of final payment under this Agreement includes delivery of all related data in the format requested. The Conservancy reserves the right to conduct technical review of interim or final grant deliverables prior to making reimbursement or final payments.
7. Scope of Work Completion
Grantee shall complete the Scope of Work by the completion date provided in the Grant Schedule in Exhibit A. Upon completion of the Scope of Work, the Grantee shall supply the Conservancy with evidence of completion by submitting: (1) the work products specified in Exhibit A; (2) the Final Report specified in Exhibit F; and (3) a fully executed final Request for Disbursement form, Exhibit D. Within thirty (30) days of Grantee's compliance with this Section, the Conservancy shall determine whether the Scope of Work has been satisfactorily completed. If the Conservancy determines that the Scope of Work has been satisfactorily completed, the Conservancy shall issue to the Grantee a Letter of Acceptance of the Scope of Work. The Scope of Work shall be deemed complete as of the date of the Letter of Acceptance.
8. Progress Reports and Final Report
The Grantee shall submit progress reports and a Final Report consistent with Exhibit F and the Scope of Work (Exhibit A). Progress reports shall be submitted semi-annually (April and October). The Final Report shall be submitted on or before the completion date listed in the Grant Schedule as described in Exhibit A. A request for final payment should be submitted in conjunction with, but not as a portion of, the Final Report.
9. Expenditure of Funds and Allocation of Funding Among Budget Items Except as otherwise provided herein, the Grantee shall expend funds in the manner described in Exhibit B.
10.Term of Agreement; Termination
This Agreement shall take effect upon the Effective Date. The term of the Agreement shall run from the Effective Date through March 15, 2028 (the End Date) unless otherwise terminated or amended as provided herein.
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Prior to completion of the grant, for any discrete component of the Scope of Work, either party may indicate its intent to terminate its obligations under this Agreement with respect to that component, for any reason, by providing the other party with sixty (60) days’ notice in writing.
In the event of termination by the Conservancy, Grantee agrees to take all reasonable measures to prevent further costs to the Conservancy under this Agreement, and the Conservancy shall be responsible for any reasonable and non-cancellable (binding) obligations incurred by Grantee in the performance of this Agreement until the date of actual termination, but in any case, not to exceed the undisbursed balance of funding authorized in this Agreement.
If, other than for reasons beyond Grantee's control, Grantee fails to complete the work in accordance with this Agreement or fails to fulfill another material term or obligation of this Agreement, Grantee shall repay to the Conservancy all amounts disbursed by the Conservancy hereunder. The Conservancy may, in its discretion, waive such repayment, in whole or in part, on the basis of Grantee's written statement of reasons. If the Executive Director (or designee) does not approve such waiver, the matter shall be referred to the Conservancy's governing board for its decision.
Following notice of intent to terminate, the Conservancy and the Grantee shall enter into a written termination agreement establishing the effective date for termination of the Scope of Work, the basis for settlement of any outstanding obligations, and the amount and the date of payment of any sums due to either party.
This Section shall not be deemed to limit any legal or equitable remedies which either party may have for breach of this Agreement.
11.Liability
The Grantee shall indemnify, and save harmless the Conservancy and its members, Directors, members, agents and employees, from any and all liabilities, claims, demands, damages, or costs resulting from, growing out of, or in any way connected with or incident to this Agreement, or the planning, design, or existence of the Project, except to the extent of, and in direct proportion to the active negligence or the intentional wrongdoing of the Conservancy, or its member(s), Director(s), agent(s) or employee(s), which arises other than from (1) a failure by the Conservancy to warn of hazards, based upon its review or inspection of the Project plans, designs, specifications or site(s), and/or (2) the omission by Conservancy to review or inspect said plans, designs, specifications or site(s).
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The parties expressly acknowledge that this Agreement is an agreement for the subvention of public funds from the Conservancy to the Grantee and is not an "agreement" as that term is defined in Government Code Section 895 or a "construction contract" under Civil Code Sections 2782 or 2783. Accordingly, it is acknowledged Grantee does not, in matters arising under this Agreement, have any right to contribution and indemnity from the Conservancy and/or the State of California arising under Government Code Sections 895.2 and 895.6.
Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its Directors, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement, except such liability as results from the Conservancy's active negligence or the intentional wrongdoing of Conservancy, its member(s), Director(s), agent(s), or employee(s), and, in the case of joint negligence, is in direct proportion to the Conservancy's share of fault.
12.Insurance
Grantee shall procure and maintain insurance, as specified in Exhibit G, against claims for injuries to persons and damage to property that may arise from or in connection with any activities of the Grantee or its agents, representatives, employees, or contractors associated with the Project undertaken pursuant to this Agreement.
Grantee shall be responsible for all deductibles in all Grantee’s insurance policies.
As an alternative, with the written approval of the Conservancy’s Executive Director (or their designee), the Grantee may satisfy the coverage requirements in whole or in part through: (a) its contractors’ procurement and maintenance of insurance for work under this Agreement, if the coverage otherwise fully satisfies the requirements of this section; or (b) the Grantee’s participation in a “risk management” plan, self insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section.
In the event that Grantee enters into an agreement or agreements with independent contractors or other third parties other than agencies of the State of California and Nevada for implementation of the Project or a portion thereof, such agreement(s) shall include a mandatory insurance provision substantially in the form of Exhibit G attached hereto. In addition, Grantee shall make reasonable efforts to assure that the Conservancy, and its members, Directors and employees are included as additional insureds under the insurance required by said Exhibit G, and that a copy of the endorsements or certificate naming them as additional insureds is furnished to the Conservancy as soon as practical. In the event the contractor or third party is unable to name the Conservancy as an additional named insured, the Grantee shall so notify the 365 749
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Conservancy. Within five (5) working days thereafter the Conservancy should notify the Grantee whether the Grantee shall proceed with the Project or a portion thereof absent such provision in the insurance.
The company or companies providing such insurance shall have no recourse against the Conservancy and the State of California, and their members, Directors and employees, or any of them, for payment of any premiums or assessments under such insurance. The Conservancy shall also be provided with notice of any proposed cancellation of insurance.
In the event that the insurance coverage cannot be obtained, or is canceled or reduced below the minimums required herein, the Conservancy may in its sole discretion waive, in part or in whole, the insurance requirements set forth above; provided, however, that the Conservancy may reinstate such requirements if it determines there has been a change of circumstances.
13.Travel
Travel-related expenses may not exceed the State travel reimbursement rate in effect during the term of this Agreement. For details, see the Department of Human Resources (CalHR) Travel Reimbursements website at
http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx.
The Conservancy will only reimburse Grantee for actual expenses incurred that are directly related to the performance of this Agreement. No travel outside the State of California shall be reimbursed unless approved in writing in advance by the Conservancy. Grantee shall ensure that travel costs, if any, are identified in the Budget and are tied to tasks and deliverables in the Scope of Work.
14.Audits/Accounting/Records
The Grantee shall establish an official file for the grant. The file shall contain adequate documentation of all actions that have been taken with respect to the grant Scope of Work.
Grantee shall establish separate accounting records for receipt, deposit, and disbursement of all grant funds. All funds received by the Grantee shall be deposited into separate fund accounts that identify the funds and clearly show the manner of their disposition. The Grantee agrees that adequate supporting documentation shall be maintained in such detail so as to provide an audit trail which will permit tracing transactions from support documentation to the accounting records to the financial 366 750
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reports and billings. The Grantee shall promptly report to the Conservancy the application for or the receipt of any new funds from other funding sources.
The Grantee shall maintain books, records, documents, and other evidence sufficient to reflect properly the amount, receipt, and disposition of all grant funds. The maintenance requirements extend to books of original entry, source documents supporting accounting transactions, the general ledger, subsidiary ledgers, personnel and payroll records, canceled checks, and related documents and records. Source documents include copies of all awards, applications, and required financial and narrative reports.
Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the award, whether they are employed full-time or parttime. Time and effort reports are also required for consultants and contractors.
Adequate supporting documentation shall be maintained in such detail so as to provide an audit trail which will permit tracing transactions from the invoices to the financial statement, to the accounting records, and to the supporting documentation.
All Grantee records relevant to the Scope of Work must be preserved a minimum of three (3) years after the final payment of the contract or the final audit, whichever is later, and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and audit by the State of California.
The State of California and the Conservancy reserve the right to call for a program audit or a financial audit at any time between the execution of this Agreement and the completion or termination of the Scope of Work. At any time, the Conservancy may disallow all or part of the cost of the activity or action determined to be not in compliance with the terms and conditions of this Agreement.
15.Independent Status of Grantee and Conservancy
The Grantee, its agent(s) and employee(s), and the Conservancy, its agent(s) and employee(s), in the performance of this Agreement, shall act in an independent capacity and not as Directors or employees or agents of the respective parties.
16.Nondiscrimination
During the performance of this Agreement, the Grantee and its contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The Grantee and its contractors shall comply with the provisions 367 751
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of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. The Grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
This nondiscrimination clause shall be included in all contracts entered into by the Grantee for the performance of work within the scope of this Agreement.
17.Assignability
Without the written consent of the Conservancy or its successors, the Grantee's interest in, and responsibilities under this Agreement shall not be assignable by the Grantee either in whole or in part.
18.Time of the Essence
Time is of the essence as to the date upon which Grantee has agreed to complete the Scope of Work. With respect to all other dates set forth herein, Grantee shall use best efforts to accomplish the tasks on the specified date.
19.Amendment
Except as otherwise provided herein, no alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement to be incorporated herein shall be binding on any of the parties hereto.
Any request to extend the term of the Agreement beyond March 15, 2028, must be submitted to the Conservancy in writing no later than November 15, 2027. Approval of any time extension (Completion Dates or term of Agreement) is at the sole discretion of the Conservancy.
20.Grant Coordinator(s)
Scott Cecchi, (or such other person(s) as the Executive Director may designate from time to time), is designated the Conservancy's Grant Coordinator for this grant. The Grantee’s officer with responsibility for administering this Agreement is the Public Works Director, or their designee.
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21.Conservancy Approvals
All actions and approvals, required to be taken by the Conservancy under this Agreement, may be taken by the Executive Director or a designee.
22.Grantee Approvals
All actions and approvals, required to be taken by the Grantee under this Agreement, may be taken by the Public Works Director, or a designee.
23.Sections and Headings
The headings and captions of the various sections of this Agreement have been inserted only for the purpose of convenience and are not a part of this Agreement and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this Agreement.
24.Severability
The provisions of this Agreement are intended to be severable, separate, and distinct from each other. If any provision hereof is determined to be invalid or for any reason becomes unenforceable, no other shall be thereby affected or impaired.
25.Entire Agreement
This Agreement, and the attached exhibits, constitutes the entire contract between the parties hereto, relating to the Scope of Work and may not be modified except by an instrument in writing signed by all parties to the Agreement.
26.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 Conservancy determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that 369 753
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shall be grounds for termination of this agreement. The Conservancy shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the Conservancy.
27. Survival of Terms
The following provisions survive the expiration, termination or cancellation of this Agreement: Publicity and Acknowledgement; Copies of Data; Plans and Specifications; Reports; Liability; Audits/Accounting/Records.
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EXHIBIT A
Scope of Work and Grant Schedule
Project: Dennis T. Machida Memorial Greenway Project
Location: Linear trail planning corridor extending north from Herbert Avenue to Ski Run Boulevard and potentially beyond towards Van Sickle Bi-State Park Timeframe: 2024 – 2028
Amount: $800,000
Using this grant, the City will identify a feasible route to extend the Dennis T. Machida Memorial Greenway from Herbert Avenue to Ski Run Boulevard and possibly beyond, depending on the feasibility of doing so. The City will evaluate several potential Class 1 trail alignments and consider multi-benefit opportunities such as wildlife habitat connectivity, water quality improvements, road alignments, and school and neighborhood connections. The City will seek public input and, through the Project Technical Advisory Committee (TAC), select a preferred alignment. The City will also use the grant funding to complete environmental review pursuant to the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), and Tahoe Regional Planning Agency (TRPA) requirements. This grant supports consultant contracts and City staff time needed to complete the tasks and deliverables described below.
Grant Schedule
All activities under this grant will be completed by March 15, 2028. The following table provides estimated start dates for Project subtasks. It is understood that start dates may vary from those listed, depending on progress with each subtask and other factors.
Task # Task Estimated Start Date
1 Planning and feasibility analysis
1.1 Alternatives Analysis Summer 2024
1.2 Selection of a preferred trail alignment Fall 2024
1.3 Preliminary Engineering Spring 2025
1.4 Outreach Summer 2024
1.5 Right-of-Way TBD
1.6 Permitting Strategy TBD
1.7 Meetings As needed
1.8 Consider wildlife crossing at Bijou Park
Creek
Summer 2024
2 Environmental review
2.1 Outreach Spring 2025
2.2 Environmental review Summer 2025
2.3 Meetings As needed
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Tasks and Deliverables
Task 1: Planning and Feasibility Analysis
The City will advance the Project towards implementation. The City will actively manage all Project activities, including any required coordination and landowner engagement. The City will work closely with the Conservancy and the TAC.
Subtasks:
1.1 Alternatives analysis – The City will evaluate several potential Project alignments, including the Conservancy’s 2011 proposed alignment, and compare them to assess implementation feasibility. The feasibility analysis shall include engagement with applicable landowners to ensure that RightOf-Way can be secured.
1.2 Selection of a preferred trail alignment - The City will seek public input and, through the TAC, select a preferred alignment that is feasible to construct, operate, and maintain.
1.3 Preliminary engineering – The City will complete up to 60% designs for the selected alignment to support environmental analysis. If the original 2011 alignment is selected as the preferred alternative, the existing plans and environmental analysis will be updated.
1.4 Outreach - The City will outreach to relevant community organizations, agencies, the Washoe Tribe, and the public as needed or required to obtain all Project approvals needed for implementation. The City will hold at least one community meeting during the feasibility study process and will provide Spanish translation or take other steps to allow for meaningful input by Spanish speakers. Ideally, the City will hold a separate community meeting in Spanish at a time and location that is central, accessible, and welcoming to the Spanish-speaking community. The City will provide bilingual outreach for public meetings, including signage in the Project area and social media outreach. The City will invite the Washoe Tribe to sit on the Project TAC.
1.5 Right-of-Way – The City will negotiate Right-of-Way agreements with landowners as may be needed for Project implementation.
1.6 Permitting Strategy – the City will coordinate a permitting strategy with all applicable permitting agencies.
1.7 Meetings - The City will coordinate meetings with the TAC and the Conservancy as needed.
1.8 Consider wildlife crossing at Bijou Park Creek – The City, in coordination with the Conservancy, will evaluate the feasibility of including a wildlife crossing at Bijou Park Creek as part of the Project. Evaluation will include the feasibility of constructing the crossing and securing funding to support this potential Project element.
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Deliverables include:
1. Digital copy of alternatives analysis products, including GIS shapefiles
2. Digital copy of selected trail alignment, including GIS shapefiles
3. Digital copy of engineered plan sheets, including selected GIS shapefiles
4. Digital copy of outreach documentation
5. Secured right-of-way agreements for the selected trail alignment
6. Meeting notes
7. Progress Reports and Final Report
Task 2: Environmental Review
Subtasks:
2.1 Outreach - The City will outreach to other entities, agencies, and stakeholders, including the Washoe Tribe, and the public regarding potential environmental impacts.
2.2 Environmental review – The City will complete all environmental review necessary to implement the selected alignment in compliance with CEQA, NEPA, and TRPA requirements.
2.3 Meetings – The City will coordinate meetings with the TAC and the Conservancy as needed.
Deliverables include:
1. Digital copy of outreach documentation
2. Administrative draft CEQA/NEPA/TRPA environmental compliance document(s), including resource surveys (as allowable), mitigation monitoring and reporting plan. This administrative draft shall be provided to the Conservancy for review and comment at least 45 days prior to public dissemination.
3. Final CEQA/NEPA/TRPA environmental compliance document(s), signed by the City and filed with the California Office of Planning and Research.
4. Meeting notes
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Dennis T. Machida Memorial Greenway Grant
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EXHIBIT B
Budget Detail and Payment Provisions
Project: Dennis T. Machida Memorial Greenway Project
Grant Budget
The budget has been authorized for a maximum of $800,000.
Grant Tasks Amount
Planning and feasibility analysis $500,000
Environmental review $300,000
Grant Total $800,000
1. Expenditure of Funds and Allocation of Funding Among Budget Items A. Except as otherwise provided herein, the Grantee shall expend funds in the manner described in the Grant Budget above. If necessary, the Grantee shall submit a written request to revise the dollar amount of an item which may be increased by up to ten percent (10%) in the Grant Budget through a reallocation of funds from another item(s). The Grantee shall notify the Conservancy in writing at the time of requesting any such reallocation, and shall identify both the item(s) being increased and those being decreased. For any increase of more than ten percent (10%), the Grantee must include a reasonable justification for the reallocation of funds, and shall not proceed without written approval of the change by the Conservancy.
B. Should a reallocation of the Grant Budget become necessary, the grantee must submit, in advance, a written request no later than thirty (30) days prior to the submission of an invoice requiring a budget reallocation.
2. Invoicing and Payment
A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the Conservancy agrees to compensate the Grantee for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
B. The Grantee shall request disbursement by filing with the Conservancy a fully executed "Request for Disbursement" form, using the template attached as Exhibit D, which contains:
- The invoice number;
- Grantee's name and address;
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- The number of the Agreement (i.e., CTA23018L);
- The date of the submittal;
- The amount of the invoice;
- The period of time for the services invoiced;
- Contact person and phone number;
- The expenditures broken down by task as shown in Exhibit B; - The itemized documentation of all work done for which disbursement is requested, including complete timesheets and receipts; and - The signature of an official authorized by the Grantee to sign such invoices certifying that the invoiced work has been completed.
Additionally, each form shall be accompanied by:
- Any supporting invoices or other source documents from contractors hired by the Grantee to complete any portion of the Scope of Work funded under this Agreement; and
- Documentation of the completion of the portion of the Scope of Work for which disbursement of grant funds is requested.
C. Invoices shall be submitted not more frequently than monthly, but no less than quarterly, in arrears to [email protected].
D. The Final invoice must be clearly marked as “FINAL” and must be submitted no later than April 15, 2028.
E. Invoices must be received within 14 days of the date on the invoice. Invoices received more than 14 days from invoice date may be rejected and a new invoice required.
F. Invoices submitted without proper documentation or other deficiency will be disputed within 10 days of receipt of the invoice. Payment will be withheld until the deficiency is cured.
3. Costs and Disbursements
Upon determination by the Conservancy that all conditions precedent to disbursement have been fully met, the Conservancy shall disburse to the Grantee, in accordance with the approved Grant Budget, a total amount not to exceed the amount of this grant, as follows:
Disbursements of grant funds shall be made incrementally as separate components of the Scope of Work are satisfactorily completed and shall be on the basis of costs 375 759
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incurred. Ten percent (10%) per invoice shall be withheld to ensure satisfactory completion of the Scope of Work.
The remaining amounts withheld shall be disbursed upon (1) Grantee's satisfactory completion of the Scope of Work, submittal of a Final Report, and a fully executed final Request for Disbursement substantially in the form of Exhibit D; and (2) final approval of the completed Scope of Work by the Grant Coordinator.
Any Request for Payment that is submitted without the required itemization and documentation will not be authorized for payment. If the payment request package is incomplete, inadequate, or inaccurate, the Conservancy will dispute the invoice for reasonable cause and hold all or a portion of the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence because of delays in payment or other breach of the Agreement between the Grantee and the contractor, are the responsibility of the Grantee and are not reimbursable under this Agreement.
The Conservancy will make best efforts to forward each completed and approved Request for Disbursement form to the State Department of General Services or to the Office of the State Controller, as the case may be, within thirty (30) working days of receipt by the Conservancy.
4. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate or reappropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State or offer an agreement amendment to Grantee to reflect the reduced amount.
C. In the event of termination, the parties agree to take all reasonable measures to prevent further costs under this Agreement, and the Conservancy shall be responsible for any reasonable and non-cancellable (binding) obligations incurred by the Grantee in the performance of this Agreement until notice of termination. 376 760
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5. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. 377 761
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EXHIBIT C
List of Assurances
By entering into the foregoing Agreement, the Grantee assures and certifies that it will comply with Conservancy regulations, policies, guidelines, conditions, and requirements as they relate to the acceptance and use of Conservancy funds for the Scope of Work.
Also, the Grantee gives assurance and certifies with respect to the grant that:
1. Grantee possesses legal authority to apply for and receive the grant funds and that where appropriate, a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required.
2. Grantee has sufficient funds or commitments for sufficient funds to complete the Scope of Work, over and above the portion to be borne by the Conservancy.
3. Except as otherwise provided by law, Grantee will give the Conservancy, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant.
4. Grantee ensures that any publications, studies, reports, or brochures which are made possible by or derived in whole or in part from the Project shall acknowledge the assistance of the Conservancy as follows: "Funding for this project has been provided in part by the California Tahoe Conservancy."
5. Grantee will cause work on the Scope of Work to be commenced within a reasonable time after receipt of notification from the Conservancy that funds have been approved, and will carry the work to completion with reasonable diligence.
6. Grantee agrees to use licensed professionals to perform services under this Agreement where such services are called for including legal, engineering, architectural and environmental sciences, qualified and licensed in the State of California.
7. Grantee shall comply with applicable State laws which may include (1) the Public Contract Code, including the State Contract Act; (2) the payment of workers compensation and where applicable the payment of prevailing wages; (3) building and health and safety code and disabled access law; and (4) the applicable requirements of the California Environmental Quality Act.
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8. Grantee certifies that its employees and the officers of its governing body shall avoid any actual or potential conflicts of interest, and that no officer or employee who exercises any functions or responsibilities in connection with this Agreement shall have any personal financial interest or benefit which either directly or indirectly arises from this Agreement.
Grantee shall establish safeguards to prohibit its employees or its officers from using their positions for a purpose which could result in private gain or which gives the appearance of being motivated for private gain for themselves or others, particularly those with whom they have family, business, or other ties.
Any individual who has participated in planning or setting priorities for a project funding solicitation or who will participate in any part of the grant development and negotiation process on behalf of the public is ineligible to receive funds or personally benefit from funds awarded through that solicitiaton.
Failure to comply with conflict of interest laws, including business and financial disclosure provisions may result in the Agreement being declared void or other legal action.
9. Grantee maintains a drug-free workplace in accordance with Government Code Section 8355 et seq., by doing all of the following:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying the actions that will be taken against employees for violations of this prohibition; (b) Establishing a drug-free awareness program to inform employees about (1) the dangers of drug abuse in the workplace; (2) the person's or organization's policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon employees for drug abuse violations.
(c) Submitting a drug-free workplace certification California State Form STD-21; and (d) Requiring that each employee engaged in the performance of the agreement to comply with the certification.
10. Grantee will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, color, ancestry, national origin, religion, creed, age (over 40), mental disability, physical disability, sex, gender (including 379 763
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pregnancy, childbirth, breastfeeding, or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, and military and veteran status. Grantee shall ensure that the evaluation and treatment of our/their employees and applicants for employment are free from such discrimination and harassment. Grantee shall comply with the provisions of the Fair Employment and Housing Act (Gov Code. § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fire Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Grant Agreement by reference and made a part hereof as if set forth in full. 380 764
EXHIBIT D
Request for Disbursement
CTC Grant Agreement No: CTA23018L
Purchase Order No:
Grantee Request No.: 23018L-1
1061 Third Street Billing Period:
South Lake Tahoe, CA 96150
Submittal Date:
Line Items
Grant Allotment
(per line item of N/A)
Previous
Expenditures
to Date
(From previous invoice)
Current
Expenditures
Grant Funds Only
Total
Expenditures
to Date
+ =
% of Line Item Budget
Spent to Date
÷ Grant Allotment = %
If Applicable: Match For
This Reporting Period
Only
Planning and feasibility
analysis $500,000 $0.00 $0.00 $0.00 0.00% $0.00
Environmental review $300,000 $0.00 $0.00 $0.00 0.00% $0.00 $0.00 $0.00 $0.00 #DIV/0! $0.00
TOTALS $800,000.00 $0.00 $0.00 $0.00 0.00% $0.00
FOR CTC STAFF
CTC Initials/Date
FOR DGS-CFS STAFF
Date Received from DWQ
Date to Accounting CTC Date Stamp DGS-CFS Date Stamp
GRANTEE SIGNATURE
Date
FOR STATE USE ONLY
Date Rev. 2-11-14
I certify that this request for disbursement, to the best of my knowledge and belief, is accurate and complete and I approve payment.
GRANT FUNDS ONLY
Total Amount Due This
Request
10% Withheld (Retention)
10% of total grant award will be held until final report is submitted, approved, and project is 100% complete.
Final Request for Disbursement
Grantee Project Director or Designated Representative
By signing this request for disbursement I certify, under penalty of law, that this document and any attachment was prepared by me or under my direction in accordance with the terms and conditions of each Grant Agreement Exhibit and, to the best of my knokwledge and belief, is accurate. I certify that any and all fees due to the California Tahoe Conservancy have been paid. I am aware that there are significant penalties for submitting false or misleading information.
Grant Manager
[email protected]
CALIFORNIA TAHOE CONSERVANCY
REQUEST FOR DISBURSEMENT TEMPLATE
(Reference Instructions on following page - Failure to follow instructions may result in non-payment)
THIS OFFICIAL REQUEST FORMAT MAY NOT BE MODIFIED
From: To:
City of South Lake Tahoe Accounts Payable
1901 Lisa Mayloff Way
South Lake Tahoe, CA 96150
California Tahoe Conservancy
381 765
EXHIBIT D
Request for Disbursement
Total Expenditures to Date: This is calculated by adding the Previous Expenditures and Current Expenditures.
If Applicable: Match Amount For This Request: COMPLETE ONLY IF MATCH IS INCLUDED IN THE GRANT AGREEMENT BUDGET. Enter the match dollars applied to this billing period.
Total Amount Due This Request: The amount due is the Total Current Expenditures.
Final Request: Check this box for final request for disbursement only.
Grantee Program Director or Designated Representative: Original signature and date (in ink).
FOR STATE USE ONLY
Grant Manager: Original signature and date (in ink).
Current Expenditures (Grant Funds Only): Enter the current grant fund charges for this billing period.
Instructions for Grant Program Request for Disbursement Information pertaining to this Grant program request for disbursement template is located in Exhibit B of the executed Grant Agreement.
FOR STATE USE ONLY
Line Item: Line Item listed per Exhibit B - Line Item Budget Grant Allotment: Amounts allotted to Line Item Budget per Exhibit B of Grant Agreement. % of Line Item Budget spent to date: Calculation of total expenditures divided by Grant Allotment. Shouldn't exceed 100%
TO BE COMPLETED BY GRANTEE/PROJECT DIRECTOR
Grant Request Number: Assign a sequential grant request for disbursement number, for example: 1, 2, 3.
Billing Period: Enter Billing Period of work performed. Example for quarterly billing: Jan 1, 2015 to Mar 31, 2015. Example for monthly billing: Jan 1, 2015 to Jan 31, 2015.
Date: Enter the Date the request is submitted.
Previous Expenditures to Date: From the last request for disbursement, enter line item amounts from "Total Expenditures to Date." If first request, enter zero (0). 382 766
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EXHIBIT E
Eligible and Ineligible Costs
In general, only costs for items within the Scope of Work and the timeframe of the grant agreement are eligible for payment. Eligible expenses may be incurred by the grantee after the agreement is fully executed.
Eligible activities and expenses include, but are not limited to:
o review of existing data
o site analysis and base mapping
o preliminary project design necessary for environmental documentation o opportunities and constraints analysis
o environmental review and documentation (including surveys and other environmental assessments)
o interagency and public coordination and consultation
o preliminary specifications and cost estimates
o pre-acquisition activities (such as obtaining title reports, appraisals, legal descriptions and initial coordination with the property owners to determine if they are willing sellers) o pre-construction monitoring related to the goals of the project o project management/administration
o preparation of contract documents
o preparation of grant-required documents
o project specifications, engineering, and cost estimates o preparation and processing of permit applications, including SWPPPs o other relevant costs approved by Conservancy staff
Ineligible activities and expenses include, but are not limited to:
o all costs incurred before effective date of the grant agreement o all costs related to the preparation and submittal of the grant application o staff time beyond administration of grant products and requirements o food, refreshments, and decorations
o marketing materials
o membership fees and associated costs for attendance at conferences o ongoing project site operations and maintenance
o travel not expressly identified in the grant budget
o per diem and mileage expenditures or at levels above State-authorized per diem amounts. Current rates are available online in chapter 700 (Travel) of the California State Administrative Manual
o funding for a purchase price above the appraised fair market value o equipment that will be used for purposes that are unrelated to the project o costs that are not substantially related to the project 383 767
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EXHIBIT F
REPORTING AND DATA REQUIREMENTS
WEBSITE ACCESSIBILITY
In accordance with California’s Assembly Bill 434, documents prepared for publication on California State agency websites must comply with Level AA success criteria found in Web Content Accessibility Guidelines 2.0, or a subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium (Gov. Code, § 11546.7., 7405 and 11135). Visit the California Department of Rehabilitation website for more details:
https://www.dor.ca.gov/Home/AB434.
All deliverable documents must be submitted in Adobe PDF format, with a copy of a successful accessibility check report from Adobe Acrobat Pro CC. In addition, all original source documents (MS Office, Adobe Creative Cloud, etc.) must be delivered. For documents originating in Word, the original MS Word document in DOCX format must be provided, using the most recent version of MS Word, with a copy of a successful accessibility check report from Microsoft Word.
REPORTING ELEMENTS
· Project Name, CTA#
· Date Submitted; Reporting Period; Prepared by
· Invoice Number
· Summary of work completed during reporting period
· Discussion of any challenges or opportunities encountered · Schedule Assessment (describe extent to which project is on track with the submitted schedule)
· Financial Analysis (describe extent to which the project costs are consistent with the submitted budget)
· Draft products, reports, interim findings, or other relevant data or materials produced · Production Summary Table:
Product Scheduled
delivery date
Actual
delivery
date
Amount
expended
this period
Total amt.
expended
to date
% of total
budget
expended to
date
Percent of
task complete
Status
ANNUAL EIP REPORTING
· Grantees must submit their project to the Environmental Improvement Program (EIP) tracker (https://eip.laketahoeinfo.org/) within three months of grant agreement start date. · Consult with the Tahoe Regional Planning Agency (TRPA) on EIP reporting, tracking, and performance requirements and complete reporting requirements (as applicable).
FINAL REPORTING
· Project Name, CTA#
· Date Submitted; Prepared by
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· Brief summary of the objectives of the project and how these objectives were accomplished · Findings, conclusions, data or recommendations for follow-up or ongoing activities · Financial Analysis (Final project costs for all funding sources; e.g., identify cost overruns compared to the approved budget, any cost savings, unused funding to be returned, etc.) · Statement, if applicable, of future intent of public and/or private support to maintain or further develop the project, including proposed submittal dates for future funding · Media coverage, as well as all promotional and educational materials produced · Workplan work products and data, including public and agency meeting summaries (electronic)
METADATA STANDARD
The standard for GIS metadata in the State of California will adhere to the Federal Geographic Data Committee (FGDC) Standard. Organizations are free to develop, edit and enhance their organizational metadata based on the full FGDC standard, but as a minimum, the California Minimum Metadata Data Standard will provide organizations that ability to comply and document GIS data with the elements outlined below.
The FGDC Standard and the California Minimum Metadata Standard will apply to all authoritative and finalized GIS data products – to include both Raster and Vector data formats.
Abstract: Briefly describe what the dataset is about (who, what, where, when). Include any limitations of the dataset, assumptions made, and if there is anything special that the user of these data should be aware of.
Name: Uniquely identifies the dataset
Purpose: Briefly describe why the dataset was created.
Date: The date or range of dates when the data were gathered, or the date the photos, maps or other items at the core of the data set, were created.
Contact: Contact information for an individual or organization that is knowledgeable about the data set. Include:
Organization’s Name: Program, administrative unit, and agency, company, or group name Telephone Number: Including Area Code
E-Mail address: (Generic email address)
Field Definitions: List and define each field,
Abbreviation Definitions: For any field that contains numeric or alphabetic codes (e.g., SAC = Sacramento County), list each code/abbreviation and provide an unabbreviated definition.
Access/Use Constraints: Is there a need to limit who has access to see or read this dataset? If so, specify. If not, put “None”. Also include how the data should be cited, if you want something specific.
Distribution: Define distribution constraints. Also designate the location of the data. If the data is distributed as a web service or end point, provide the url or link to the service 385 769
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Progress: Complete or Incomplete.
Update Frequency: Possible values are: Continually, Daily, Weekly, Monthly, Annually, Unknown, As Needed, Irregular, None Planned, or …..
Projection: What is the Projected Coordinate System name? Please define the complete projection information for your data here Datum Which Datum is the projection in?
NAD83 (GCS_North_American_1983) (preferred)
NAD27 (GCS_North_American_1927)
WGS84 (WGS_1984)
ISO Topic Category and Category Code:
Farming 001
Biota 002
Boundaries 003
Climatology/ Meteorology/ Atmosphere 004
Economy 005
Elevation 006
Environment 007
Geoscientific Information 008
Health 009
Imagery/BaseMaps/ EarthCover 010
Intelligence/Military 011
Inland Waters 012
Location 013
Oceans 014
Planning / Cadastre 015
Society 016
Structure 017
Transportation 018
Utilities / Communication 019
Keywords: keyword tags that define the data. Example: Forest Cover – trees, canopy, woodland, coniferous, etc…
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EXHIBIT G
MANDATORY INSURANCE PROVISIONS
Does not apply to State of California and Nevada Departments – Applies to ALL Subcontractors INSURANCE. Throughout the time period of this agreement, the CONTRACTOR shall provide the following minimum insurance coverage as listed below. Contemporaneous with the signing of this agreement, the CONTRACTOR shall file with a Certificate of Insurance, with a Best's Rating of no less than A:VII for Professional Liability Insurance and A:V for all other insurance showing. Documentation of such rating shall be provided at the same time Insurance Certificates are submitted.
In the event any policy is canceled prior to the completion of the project and the CONTRACTOR does not furnish a new certificate of insurance prior to cancellation, the insurance shall be obtained on Contractor’s behalf and the cost of the premium(s) shall be deducted from contract monies due the CONTRACTOR.
Worker's Compensation and Employers Liability Insurance:
By their signature hereunder, as CONTRACTOR, each person signing this agreement on behalf of the CONTRACTOR certifies that he or she is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and he or she will comply with such provisions before commencing the performance of the work of this contract.
If such insurance is underwritten by any agency other than State Compensation Fund, such agency shall be a company authorized to do business in the State of California.
Worker's Compensation Insurance shall be provided as required by any applicable law or regulation. Employer's liability insurance shall be provided in amounts not less than ONE MILLION DOLLARS ($1,000,000) each accident for bodily injury by accident, ONE MILLION DOLLARS ($1,000,000) policy limit for bodily injury by disease, and ONE MILLION DOLLARS ($1,000,000) each employee for bodily injury by disease.
If there is an exposure of injury to CONTRACTOR’S employees under the U.S. Longshoremen's and Harbor Worker's Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.
Each Worker's Compensation policy shall be endorsed with the following specific language:
Cancellation Notice - "This policy shall not be canceled or materially changed without first giving thirty (30) days' prior written notice to California Tahoe Conservancy" CONTRACTOR shall require all SUBCONTRACTOR to maintain adequate Workers’ Compensation insurance. Certificates of Workers' Compensation shall be submitted upon demand.
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General Liability Insurance:
CONTRACTOR shall maintain Comprehensive General Liability or Commercial General Liability insurance covering all operations by or on behalf of CONTRACTOR, providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for:
(1) Contractual liability insuring the obligations assumed by CONTRACTOR in this Agreement.
One of the following forms is required:
(1) Comprehensive General Liability;
(2) Commercial General Liability (Occurrence); or
(3) Commercial General Liability (Claims Made).
If CONTRACTOR carries a Comprehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage, and Personal Injury Liability of:
♦ TWO MILLION DOLLARS ($2,000,000) each occurrence
♦ TWO MILLION DOLLARS ($2,000,000) aggregate
If CONTRACTOR carries a Commercial General Liability (Occurrence) policy:
(1) The limits of liability shall not be less than:
♦ TWO MILLION DOLLARS ($2,000,000) each occurrence (combined single limit for bodily injury and property damage)
♦ TWO MILLION DOLLARS ($2,000,000) Personal Injury Liability ♦ TWO MILLION DOLLARS ($2,000,000) for Products-Completed Operations ♦ TWO MILLION DOLLARS ($2,000,000) General Aggregate
(2) If the policy does not have an endorsement providing that the General Aggregate Limit applies separately, or if defense costs are included in the aggregate limits, then the required aggregate limits shall be THREE MILLION DOLLARS ($3,000,000).
Special Claims-Made Policy Form Provisions:
CONTRACTOR shall not provide a Commercial General Liability (Claims Made) policy without the express prior written approval which consent, if given, shall be subject to the following conditions:
(1) The limits of liability shall not be less than:
♦ TWO MILLION DOLLARS ($2,000,000) each occurrence (combined single limit for bodily injury and property damage)
♦ TWO MILLION DOLLARS ($2,000,000) aggregate for Products Completed Operations
♦ TWO MILLION DOLLARS ($2,000,000) General Aggregate
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(2) The insurance coverage provided by CONTRACTOR shall contain language providing coverage up to six (6) months following the completion of the contract in order to provide insurance coverage for the hold harmless provisions herein if the policy is a claims-made policy.
Conformity of Coverage:
If more than one policy is used to meet the required coverage, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements. For example, all polices shall be Occurrence Liability policies or all shall be Claims Made Liability policies, if approved as noted above. In no cases shall the types of policies be different.
Endorsements:
Each Comprehensive or Commercial General Liability policy shall be endorsed with the following specific language:
1) “_____________ and the State of California, California Tahoe Conservancy, its officers, agents, employees, and volunteers are to be covered as insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement."
2) "The insurance provided by the CONTRACTOR, including any excess liability or umbrella form coverage, is primary coverage with respect to any insurance or selfinsurance programs maintained by _________ and no insurance held or owned by the California Tahoe Conservancy shall be called upon to contribute to a CONTRACTOR loss. This policy shall not be canceled or materially changed without first giving thirty (30) days' prior written notice to California Tahoe Conservancy.
Additional Liability Insurance
CONTRACTOR . shall maintain automobile liability insurance covering bodily injury and property damage in an amount no less than two million dollars ($2,000,000) combined single limit for each occurrence.
Covered vehicles shall include owned, non-owned, and hired automobiles, trucks, and other vehicles.
Additional Requirements
Premium Payments: The insurance companies shall have no recourse against the California Tahoe Conservancy and funding agencies, its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.
389 773
4 CTA23018L
Dennis T. Machida Memorial Greenway Grant
City of South Lake Tahoe
Policy Deductibles: The CONTRACTOR shall be responsible for all deductibles in all of CONTRACTOR’S insurance policies. The amount of deductibles for insurance coverage required herein should be reasonable and subject to Grantor approval.
CONTRACTOR’S Obligations: CONTRACTOR’S indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this agreement.
Material Breach: Failure of the CONTRACTOR to maintain the insurance required by this agreement, or to comply with any of the requirements of this section, shall constitute a material breach of the entire agreement.
390 774
ATTACHMENT 1
California Tahoe Conservancy
Resolution
23-12-06
Adopted: December 14, 2023
DENNIS T. MACHIDA MEMORIAL GREENWAY GRANT
Staff recommends that the California Tahoe Conservancy (Conservancy) adopt the following resolution pursuant to Government Code section 66907.7. “The Conservancy hereby authorizes staff to award a grant to the City of South Lake Tahoe for up to $800,000 for feasibility, planning, and environmental review of the next section of the Dennis T. Machida Memorial Greenway Class 1 paved shared-use trail from its current terminus at Herbert Avenue towards Ski Run Boulevard and Van Sickle Bi-State Park, and to take all other necessary steps consistent with the accompanying staff recommendation.”
I hereby certify that the foregoing is a true and correct copy of the resolution duly and regularly adopted by the Conservancy at a meeting thereof held on the 14th day of December, 2023.
In WITNESS THEREOF, I have hereunto set my hand this 14th day of December, 2023. __________________________
Jane Freeman
Deputy Director
391 742
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:12
Agenda Item: Quarterly Update on the Affordable Housing Waitlist Executive Summary: On March 28, 2023, former Mayor Pro Tem Bass (seconded by Councilmember Wallace) requested that an item be brought to City Council to discuss the number of people actively waiting for affordable housing. The last quarterly update was on January 9, 2024, during this meeting City Council passed a motion 5-0 to direct staff to return during the next update with a breakdown on the number of units that represent the people on the waitlist. This report includes the information for the first quarter of 2024.
Requested Action / Suggested Motions: Receive and file.
Responsible Staff Member: Lydia Zuniga, Associate Management Analyst Reviewed and Approved By: Zach Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Quarterly Update.docx
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City of South Lake Tahoe
Report to City Council
Meeting Date: April 23, 2024
Title: Quarterly Update on the Affordable Housing Waitlist Location: City-wide
Responsible Staff Member: Lydia Zuniga, Associate Management Analyst Background: The Development Services submits quarterly reports to City Council on the number of people actively waiting for affordable housing. During the City Council meeting of January 9, 2024, City Council passed a motion 5-0 to direct staff to return during the next quarterly update with a breakdown on the number of units that represent the people on the waitlist.
Issue and Discussion: Before the City Council is the updated waitlist from the 8 Affordable Housing properties within the City (totaling 344 units) that the City is obligated to conduct monitoring to ensure compliance with funding source requirements.
For the end of the first quarter for 2024, the current list shows a decrease from 1173 to 1108.
Based on a review of the individual lists, there are about 100+ names that appear on multiple lists.
As such, there are approximately 1,000 individuals on the compiled lists. The approximate wait times range from 1-7 years depending on the size of unit.
Below is a chart outlining the breakdown of the units. The 1-bedroom units has 615 people on the list. Followed by the 2-bedroom units, which has about 280 and the 3-bedroom units has a total of 213 people, for a total of 1108. Staff was informed that 90% of the people on the list are locals. 393
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For the Lease to Locals Program the stats show that the Program is tapering off, which is consistent with other jurisdictions. All the leases under the Lease to Locals program are a 12- month lease.
Number of
Years
Year Grants
(households)
People Housed
Inc. Children
Grants Closed Year Grants
Closed
Leases
Renewed
1 2021-2022 23 58 23 2023 13
2 2023 14 31 4 2024 3
3 2024 3 5 0 2025 0
Total 40 94 27 16
Summary
The waitlist serves to document the number of people actively seeking out affordable units vs the number that are immediately available. Those on the waitlist are choosing to wait for a unit while others may choose to not put their name on the list and seek alternative arrangements. As such, waitlists may be influenced by a variety of factors. Regardless, the need for affordable housing is well established.
Monitoring the waitlists quarterly may provide an indicator of the effectiveness of City and community efforts to address low-income housing needs. This staff report serves as a monitoring and reporting update to City Council.
Financial Implications: There are no costs associated with this report, except the staff time that would be needed to provide quarterly updates to Council. This report does not result in any modifications to any Housing Programs or has any financial implications.
Environmental Considerations: This 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, Sections 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 item is consistent with the following adopted policies and programs:
City General Plan Housing Element
Policy 1-1. The City shall adopt programs, ordinances, incentives, land use plans and other regulatory mechanisms that provide opportunities for the private sector to address the housing needs of citizens of all economic levels.
Policy 2-5. The City shall recognize that it will become difficult to attract employees if they cannot afford to purchase or rent housing in South Lake Tahoe. The City shall encourage and support programs and activities that create a robust local economy that provides residents with good paying employment and the means to purchase and/or rent housing in the City. 394
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Policy 5-1. The City shall promote housing opportunities for all persons regardless of source of income, age, race, religion, gender, sexual orientation, marital/familial status, national origin, disability, economic level, or other barriers that prevent choice in housing.
Program 2-9. The City shall continue to provide information that describes the myths and realities of multifamily and affordable housing development.
395
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 23, 2024
Agenda Item #:13
Agenda Item: Agreement with Eide Bailly, LLP for Independent Audit Services for Fiscal Years 2023- 2024 through 2025-2026 with Two Optional One-Year Extensions Executive Summary: On May 15, 2018, the City Council approved a professional services agreement with Vavrinek, Trine, Day and Company, LLP (VTD) for Independent Audit Services for Fiscal Years 2017-2018 through 2020-2021 with consideration to extend the agreement for two more years if services were satisfactory. In July 2019, VTD merged with Eide Bailly LLP. On June 7, 2022, the City Council approved two-year extension with Eide Bailly to perform the audit for Fiscal Years 2021-2022 and 2022- 2023. This contract has ended, and staff conducted a Request for Proposals (RFP). The City received proposals from five firms, including the current auditors. Five reviewers assessed the five firm proposals based on the mandatory and technical qualifications required by the RFP. The firm of Eide Bailly, LLP was rated the highest overall. Staff is requesting approval of Eide Bailly LLP contract which includes the audit years 2023-2024, 2024-2025, 2025-2026, with an option to extend for an additional two one-year periods.
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute the agreement with Eide Bailly for Independent Audit Services for Fiscal Years 2023-2024 through 2025- 2026 with two optional one-year extensions, with the not-to-exceed amounts for the first three years, including one Single Audit Program, of $110,000, $114,950, and $120,122 respectively.
Responsible Staff Member: Olga Tikhomirova, Director of Finance Reviewed and Approved By: Susan Blankenship, City Clerk Heather Stroud, City Attorney Attachments:
01-Staff Report Audit Services 2024-2026.docx
02 - Eide Bailly Proposal.pdf
03 - PSA Eide Bailly.pdf
04 - CSLT 2024 Engagement Letter.pdf
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City of South Lake Tahoe
Report to City Council
Meeting Date: April 23, 2024
Title: Agreement with Eide Bailly, LLP for Independent Audit Services for Fiscal Years 2023- 2024 through 2025-2026 with Optional Two (2) One-Year Extensions Location: Citywide
Responsible Staff Member: Olga Tikhomirova, Director of Finance (530)542-7431 Background: Annually, the independent auditors perform an audit of the financial statements and transactions of the City of South Lake Tahoe. The auditors also prepare a Single Audit Report for federal grant expenditures, a GANN Limit Agreed-Upon Procedures and a Memorandum on Internal Controls.
On May 15, 2018, the City Council approved a professional services agreement with Vavrinek, Trine, Day & Company, LLP (VTD) for Independent Audit Services for Fiscal Year 2017-2018 through 2020-2021 with consideration to extend the agreement for two more years if services are satisfactory. In July 2019, VTD merged with Eide Bailly LLP. The lead audit partner assigned to the engagement under VTD continued to be the audit partner assigned to the engagement under Eide Bailly but subsequently rotated as mandated by Section 203 of the Sarbanes-Exley Act. On June 7, 2022, the City Council approved two-year extension with Eide Bailly to perform the audit for Fiscal Years 2021-2022 and 2022-2023. This contract has now ended, and staff conducted a Request for Proposals (RFP).
The Government Finance Officers Association of the United States and Canada (GFOA) recommends that governmental entities should enter into multiyear agreements of at least five years in duration when obtaining the services of independent auditors. Multiyear agreements can take a variety of different forms (e.g., a series of single-year contracts), consistent with applicable legal requirements. Such agreements allow for great continuity and help to minimize the potential for disruption in connection with the independent audit. Multiyear agreements can also help to reduce audit costs by allowing auditors to recover certain “startup” costs over several years, rather than over a single year.
GFOA recommends that governmental entities undertake a full-scale competitive process for the selection of independent auditors at the end of the term of each audit contract, consistent with applicable legal requirements. Ideally, auditor independence would be enhanced by a policy requiring that independent auditor be replaced at the end of the contract, as is often the case in the private sector. Unfortunately, the frequent lack of competition among audit firms fully qualified to perform public-sector audits could make a policy of mandatory auditor’s rotation counterproductive.
In such cases, it is recommended that a governmental entity actively seek the participation of all qualified firms, including the current auditors. Where audit firm rotation does not result from 397
Council Agenda Report April 23, 2024 Page 2 of 3
this process, it is recommended that governments consider requesting rotation of the senior engagement staff.
Issue and Discussion: Staff conducted a Request for Proposals (RFP) and selection for independent auditor services for the City’s annual financial audit. The RFP was posted on the City’s online bidding system. The City received proposals from five firms.
The proposals were screened for mandatory elements, such as:
Firm must be independent of City of South Lake Tahoe. Firm and all assigned key professional staff are licensed to practice as certified public accountants in California.
Continuing professional education provided to audit staff in the last three years. No conflict of interest with regard to any other work performed by the firm for the City of South Lake Tahoe.
Review of the firm’s most recent external quality control peer review report, and record of quality audit work.
Firm adheres to and is responsive to instructions in the RFP.
The proposals were also evaluated based on technical qualifications, such as:
Experience and performance on comparable municipal government audits. Quality of professional personnel to be assigned to the audit. Audit approach, including analytical procedures, sampling techniques and adequacy of proposed audit staffing plan.
Five reviewers assessed the five firm proposals based on the mandatory and technical qualifications required by the RFP (some of which are listed above). The grid below is a recap of the review.
The firm of Eide Bailly LLP was rated the highest overall. Eide Bailly LLP seemed to have a thorough understanding of the scope of the audit and a reasonably priced hourly rate.
A complete copy of their proposal is attached in which they have listed over 40 city clients throughout California and over 30 California city clients that have been awarded and maintain the GFOA’s Certificate of Achievement for Excellence in Financial Reporting. The firm has served local governments in California for over 70 years performing numerous audits of government entities, including cities, counties, special districts. The firm has also been ranked within the “top 25” accounting firms in the United States with a significant percentage of the practice devoted to the governmental audit and consulting practice.
Financial Implications: Staff is requesting approval of Eide Bailly LLP contract which includes the audit years 2023-2024, 2024-2025, 2025-2026, with an option to extend for an additional two one-year periods. The fixed rate for the first three years, which includes one Single Audit Program, is $110,000, $114,950, and $120,122 respectively. The Professional Vendor/Proposer
Name
Evaluator
#1 Total
Score
Evaluator
#2 Total
Score
Evaluator
#3 Total
Score
Evaluator
#4 Total
Score
Evaluator
#5 Total
Score
Total
Score
Total
Interview
Score
Total Final
Score Ranking
Maze & Associates 93 77 84.5 88 86.5 429 21 450 3
Eide Bailly 92 81 85.25 90 84.25 432.5 30.25 462.75 1
Badawi & Associates 81 87 85 89 92 434 22.5 456.5 2
LSL 80 72 80.75 84 82.75 399.5
Harshwal & Company 73 71 78.25 80 83.25 385.5
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Services agreement (PSA) has been reviewed by the City Attorney and reviewed and approved by Eide Bailly LLP. The cost is within the expected budget for this type of services and will be budgeted in each year following the audit year in account number 100-01511- 42020.
Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies) Policy Implications: Consistent with City’s Financial Policies. 399
December 18, 2023
Proposal for Professional Auditing Services | Request for Proposal (RFP) # 2023-12-18
CITY OF SOUTH LAKE TAHOE
Submitted By:
Eide Bailly LLP
Roger Alfaro, CPA, CITP | Partner
909.755.2829 | [email protected]
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TABLE OF CONTENTS
Cover Letter...............................................................................................................................3 Executive Summary...................................................................................................................4 Company History, Background and Experience..................................................................6 Size of Firm, Government Audit Staff and Location .......................................................6 Independence......................................................................................................................11 Licensed to Practice ............................................................................................................11 Peer Review.........................................................................................................................11 Desk Reviews, Litigation and Disciplinary Actions.........................................................13 Principal Supervisory and Management Staff ..............................................................13 Scope of Work/Implementation ..........................................................................................23 Proposed Segmentation of Engagement ........................................................................24 Level of Staff and Number of Hours...............................................................................29 Sample Sizes and Extent of Statistical Sampling..........................................................29 Approach for Internal Control Structure .........................................................................30 Determining Laws and Regulations Subject to Audit Test Work.................................31 Approach for Drawing Audit Samples............................................................................31 Identification of Anticipated Potential Audit Problems ................................................31 Sample Formats for Required Reports............................................................................33 Cost Proposal ..........................................................................................................................34 Description of Recent Projects/References.........................................................................36 The Right Choice for the City................................................................................................37 401
What inspires you, inspires us. | eidebailly.com
2151 River Plaza Dr., Ste. 308 | Sacramento, CA 95833-4133 | T 916.570.1880 | F 916.570.1875 | EOE Cover Letter
Olga Tikhomirova
Director of Finance
City of South Lake Tahoe
1901 Lisa Maloff Way Ste 210
South Lake Tahoe, CA 96150
Dear Olga,
Thank you for giving Eide Bailly the opportunity to propose on professional auditing services for the City of South Lake Tahoe (City). We enjoy working with the City and value our relationship. Based on our intimate understanding of your operations, industry experience and additional resources and services we can offer, we believe we remain the right firm for the City.
Identification of Firm
Eide Bailly LLP
2151 River Plaza Dr #308
Sacramento, CA 95833
T 916.570.1880
Contact Person
Roger Alfaro, CPA | Partner
909.755.2829 | [email protected]
2151 River Plaza Dr #308 | Sacramento, CA 95833
Statement of Validity
This proposal is valid for a period of 120 days from the date of submittal.
Please contact me if you would like to discuss any aspect of this proposal.
Warm regards,
Roger Alfaro, CPA | Partner
909.755.2829 | [email protected]
December 18, 2023
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CITY OF SOUTH LAKE TAHOE
4 | eidebailly.com
Executive Summary
WE WANT TO WORK WITH YOU
Extensive Government Industry Experience: Business is about more than numbers, and we are active in the industries we serve. We stay abreast of current issues impacting the government industry and grow our knowledge by attending workshops and trainings. During your engagement, we’ll work closely with your management team to identify issues and provide responsive solutions tailored to your organization. As a valued client, you’ll also experience:
• Local Office Presence: While you’ll continue to be served by professionals in our Sacramento office, the City will also have access to national resources, including more than 3,000 professionals with diverse skill sets and experiences across the firm.
• Proactive Communication: As in the past, your service team to keep you informed of changes affecting your organization. • Partner Involvement: You can anticipate partner and senior staff involvement not only during the audit engagement, but also throughout the year as issues, questions and opportunities arise.
Timeliness: We’ll meet your deadlines. Our professionals are trained to anticipate, identify and respond to your needs in a timely manner. We’ll work closely with your management team to customize our services to your needs. We believe in clear, up-front and open communication with no surprises. We understand and will comply with the schedules and scope for the engagement, as outlined in your request, and will perform all work within the timeframes outlined.
Unmatched Client Service is Our Passion: Our history of high staff continuity — significantly higher than most firms — means you’ll work consistently with the same team, all of whom have been chosen because of their experience serving and advising government entities similar to the City. Working with Eide Bailly means all your service needs will be addressed within a single, core team, resulting in greater efficiency and scale.
Thought Leadership: We are leaders in the government
industry, offering valuable perspectives beyond our core strength of accounting and tax compliance. We’re business advisors who want to help guide the strategy and operations of your organization, and we’ll make sure you feel connected and understand the process. Our professionals work closely together so you receive valuable service from people who understand your needs and know your business.
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We Want to Work with You: We’ve developed the following proposal with the City of South Lake Tahoe in mind, and we’ll provide timely, personalized services for you. We know you and your staff and understand your specific challenges and opportunities. We deliver honest and insightful advice beyond what is normally experienced in the public accounting industry. Our tagline, what inspires you, inspires us, is more than words to add to marketing materials. We gain energy from those we serve, which turns into a passionate interest in our clients’ success.
The following pages highlight our firm’s strengths and solutions we can provide for the City. We believe this demonstrates why Eide Bailly merits serious consideration. You’ll remain a highly valued client, and we would be proud to work with the City of South Lake Tahoe, expanding our trusting relationship with your team. Please contact me if you would like to discuss any aspect of this proposal.
Warm regards,
Roger Alfaro, CPA | Partner
909.755.2829 | [email protected]
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Company History, Background and Experience
WHAT INSPIRES YOU, INSPIRES US
Your experience will be different than working with other CPA firms because we offer knowledge and skills backed by more than 100 years of service. Our professionals deliver industry and subject matter expertise resourcefully, ensuring we’re providing guidance that directly reflects your needs. Our clients benefit from local, personal service and, at the same time, enjoy access to more than 3,000 professionals with diverse skill sets and experiences.
Navigating a Path to Success Together
By embracing change and focusing on innovative ideas, we’ve grown along with our clients to become one of the top 25 accounting firms in the nation.
Accounting is about numbers, but our business is about relationships.
We’ll be there for you every step of the way. Talented, down-to-earth people work at our firm, and we're inspired to deliver outstanding expertise and care. We’re driven to help you take on the now and the next with inspired ideas, solutions and results.
Our work with clients is more than an engagement. It’s a relationship, built on values and trust ― and results. When working with Eide Bailly, you’ll:
• Work with professionals who truly care about your business and will take the time to get to know you and your organization. • Gain insight from our industry and service specialists to accomplish your objectives, address challenges and leverage new
opportunities.
• Make better business decisions knowing you’re guided by advisors who care about your success. • Appreciate our hands-on service style; we’re always looking for new ways to solve your problems or help you embrace opportunities.
SIZE OF FIRM,
GOVERNMENT AUDIT
STAFF AND LOCATION
3,000+
PROFESSIONALS FIRMWIDE
275+
GOVERNMENT PROFESSIONALS
LOCATION OF OFFICE
2151 River Plaza Dr #308
Sacramento, CA 95833
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WE UNDERSTAND GOVERNMENTS
Our firm’s Government Industry Group has 275+ full-time professionals who share information, learn from others and stay up to date on industry developments. To gain the greatest benefit, the knowledge is shared with professionals across the firm.
The government industry represents one of Eide Bailly’s largest niche areas — with more than 1,300 government clients firmwide. We provide audit services for a variety of cities, counties, colleges and universities, fire relief agencies, housing authorities, school districts, state agencies and tribal entities. Through serving these clients, our professionals have gained focused expertise in the government industry and will provide you with insightful advice.
These services include, but are not limited to, evaluating internal control structure, assessing control risk and performing tests of controls, as well as testing compliance with applicable laws and regulations in accordance with Government Auditing Standards.
Government Industry Involvement
Eide Bailly prioritizes staying current with changes to the government industry. We help clients adapt to changes within the existing standards and implement any new standards. Our team members are engaged in the government industry and are well positioned in organizations associated with government entities. We are leaders in the Governmental Accounting Standards Advisory Council (GASAC), the American Institute of Certified Public Accountants’ (AICPA) Governmental Audit Quality Center (GAQC), AICPA State and Local Government Expert Panel, Private Companies Practice Section (PCPS) Technical Committee, local and national boards of the Association of Government Accountants (AGA), including the Financial Management Standards Board, and the review committee for the Government Finance Officers Association’s (GFOA) Certificate of Achievement for Excellence in Financial Reporting. Due to our leadership positions, you will have access to information not available from other accounting firms. 406
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8 | eidebailly.com
We regularly attend Governmental Accounting Standards Board (GASB) meetings throughout the year and communicate the results of those meetings to our clients through newsletters, e-blasts and webinars. We are also involved with GASB’s financial reporting reexamination task force shaping the future of state and local government accounting and reporting and participate in the reexamination of the revenue and expense model and note disclosure projects with GASB.
PROUD TO SERVE CALIFORNIA GOVERNMENTS
We have served local governments in California for over 70 years performing numerous audits of government entities. A summary of California government clients served is provided below:
CITIES
City of Alameda City of Folsom City of Lemon Grove City of Rancho Mirage City of Saratoga City of Brawley City of Foster City City of Los Altos City of Rohnert Park City of South Lake Tahoe City of Brea City of Glendale City of Monte Sereno City of Roseville City of Suisun City City of Brentwood City of Gonzales City of Napa City of Sacramento City of Temecula City of Campbell City of Grand Terrace City of Oceanside City of San Jacinto City of Temple City City of Chico City of Greenfield City of Palmdale City of San Leandro City of Walnut City of Concord City of Huntington Park City of Paramount City of San Ramon City of Walnut Creek City of Dana Point City of Indian Wells City of Pleasanton City of Santa Clara City of Whittier City of Davis City of Laguna Beach City of Rancho Cordova City of Santa Clarita City of Fairfield City of Laguna Niguel City of Rancho Palos Verdes City of Santa Cruz
TRANSPORTATION
Orange County Transportation Authority Riverside County Transportation Commission John Wayne Airport Sacramento Area Council of Governments Golden Gate Bridge, Highway & Transportation District Caltrain Transportation Authority of Marin San Francisco County Transportation Authority North County Transit District Sacramento International Airport Alameda County Transportation Commission Monterey-Salinas Transit San Mateo County Transit District Santa Clara Valley Transportation Authority High Desert Corridor JPA Victor Valley Transit Authority Imperial County Transportation Commission SR 91 Express Lanes San Joaquin Regional Rail Commission Ventura County Transportation Commission Omnitrans Solano Transportation Authority Capital SouthEast Connector JPA
SEWER, SANITATION & FLOOD AGENCIES
Bayshore Sanitary District Fairfield-Suisun Sewer District Knights Landing Community Services District Central Contra Costa Sanitary District Sacramento Area Sewer District Sacramento Regional County Sanitation District Central Marin Sanitation Agency West Bay Sanitary District Alameda County Waste Management Authority Cupertino Sanitary District Orange County Waste & Recycling Vallejo Sanitation and Flood Control District Delta Diablo Sanitation District Oro Loma Sanitary District Madison Community Services District East Bay Discharge Authority West Valley Sanitation District Riverside County Waste Management Union Sanitary District Ross Valley Sanitation District
COUNTY GOVERNMENTS WATER AGENCIES
County of Imperial County of Orange Helix Water District Sacramento County Water Agency County of Riverside County of Shasta Santa Clara Water District Sacramento Groundwater Authority County of Sacramento County of Solano Reclamation District 2035 Elsinore Valley Municipal Water District County of San Diego County of Sonoma Santa Margarita Water District Montara Water and Sanitary District County of San Joaquin County of Ventura Yolo-Davis Clean Water JPA Beaumont Cherry Valley Water District County of San Bernardino County of Yolo Yucaipa Valley Water District Municipal Water District of Orange County County of San Benito County of Placer Moulton Niguel Water District California State Department of Water Resources Suisun-Solano Water Authority
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Implementation of New Standards
In an industry where standards continually evolve and
change, Eide Bailly makes it a priority to stay current and assist our clients with necessary changes. In
addition to helping clients implement new standards,
we also help them adapt to changes within the existing
standards.
Several of our professionals serve on committees that
have direct input into writing new standards. This
enables our involvement from the beginning and ability
to influence the final outcome. Our clients benefit from our strong understanding of the standards and how
they may affect their organization. We will work with
the City to create a plan to address new standards one
to two years prior to implementation.
Single Audit Experience
Eide Bailly has experience providing single audits
related to federal expenditures which ensure our clients remain compliant. Our single audits include an audit of both the financial statements and the federal awards.
We also assist in the preparation of the Data Collection Form and prepare the reporting package for submission
to the Federal Audit Clearinghouse.
Eide Bailly has a three-year average of auditing more
than $28.8 billion in federal expenditures, which
provides us with extensive experience in single audits.
Not only are we on the forefront of new regulations,
but because of our vast experience with government
entities, we are also familiar with a wide variety of
federal programs. As the City looks to expand its
current federal programs, we can pull from our
expansive database of federal programs that we have
audited and provide consultation on what has worked
effectively for other entities. This will help the City establish strong controls and processes over new
federal programs rather than trying to rework controls and processes after the programs are established.
Our single audit experience includes the Department of Education, Department of Housing and Urban Development, Department of Agriculture, Department of Commerce, Department of Interior, Department of Transportation, Department of Justice, Department of Labor, Department of the Treasury, Department of Health and Human Services, Homeland Security, National Foundation on the Arts and the Humanities, Environmental Protection Agency, Department of Energy, Office of the National Drug Control Policy, Department of Defense and the Bureau of Land Management.
Paired with our many years of experience, we are qualified to effectively work with your organization to ensure federal requirements are met.
GFOA
Certificate of Achievement for
Excellence in Financial Reporting
We recognize the importance of achieving the
GFOA Certificate of Achievement for Excellence in
Financial Reporting and work with our clients to
achieve this certification. Several members of our
government industry group are reviewers of the
GFOA’s Certificate of Achievement for Excellence
in Financial Reporting Program. Below is a partial
listing of our government audit clients that have
been awarded and maintain this certification.
City of Brea, CA
City of Chico, CA
City of Davis, CA
City of Fargo, ND
City of Minot, MN
City of Snyder, TX
City of Walnut, CA
City of Alameda, CA
City of Buckeye, AZ
City of Concord, CA
City of Corinth, TX
City of Durango, CO
City of Wichita, KS
City of Campbell, CA
City of Glendale, CA
City of La Palma, CA
City of Moorhead, MN
City of Redlands, CA
City of Temecula, CA
City of Whittier, CA
City of Camarillo, CA
City of Fairfield, CA
City of Lafayette, CO
City of Palmdale , CA
City of Roseville, CA
City of San Ramon, CA
City of Boise City, ID
City of Dana Point, CA
City of Lake Tahoe, CA
City of Louisville, CO
City of Paramount, CA
City of Pleasanton, CA
City of Sacramento, CA
City of Santa Cruz, CA
City of Maple Grove, MN
City of San Leandro, CA
City of Sioux Falls, SD
City of Suisun City, CA
City of Temple City, CA
City of Indian Wells, CA
City of Laguna Beach, CA
City of Walnut Creek, CA
Town of Flower Mound, TX
City of Laguna Niguel, CA
City of Rancho Mirage, CA
City of Rancho Cordova, CA
City of Salt Lake City, UT
City of Brookings, SD
City of South Lake Tahoe, CA
City of Rancho Palos Verdes, CA
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Thought Leadership
A number of Eide Bailly partners are nationally recognized state and local government thought leaders who present at dozens of national venues throughout the year. These venues include: GFOA; National Association of State Auditors, Comptrollers and Treasurers; California Society of CPAs; California Society of Municipal Finance Officers; Oregon Government Finance Officers Association; California State Association of County Retirement Systems; California Association of Public Retirement Systems; AGA National Professional Development Conference; National Association of Housing and Redevelopment Officials (NAHRO); Iowa Society of CPAs; Idaho Society of CPAs; Utah Society of CPAs; and Colorado GFOA.
We also provide training for state and local agencies, including the Controllers’ offices of the State of Tennessee, Texas State Auditor, State of Montana, Commonwealth of Massachusetts and the State of Nevada.
Furthermore, Eric Berman, Partner, is the author for the entire Governmental Library for Commerce Clearinghouse Wolters Kluwer (CCH). This library serves as the interpretative reference on government Generally Accepted Accounting Principles (GAAP), government best practices and government audits for governments, auditors and educators nationwide. Eric will be an additional resource and is available to assist or consult as needed.
Online Publications: We publish articles related to hot issues within the government accounting arena. Below is a list of some of the recent articles posted to our website and emailed to our clients:
• What Governments Need to Know about Fiscal Year End
• Best Practices for Governmental Financial Management Policies • Compensated Absences: Changes Coming with GASB-101
GOVERNMENT UPDATES
Our complimentary recorded webinars provide a comprehensive overview of the latest GASB updates and implementation strategies, issues affecting governments, best practices and pitfalls to avoid.
Recorded Webinars
June 30th is Coming: Are You Ready? (June 2023)
GASB Public Retirement Plan Update (April 2023)
GASB 87, 94 and 96 An Intro and Comparison (Feb. 2023)
GASB Update for Year-End 2022 (Dec. 2022)
Subrecipient, Beneficiaries and Federal Grant Operations (Nov. 2022) Government 101: Back to Basics (Sept./Oct. 2022)
GASB-87, Leases: One Last Look for Lessors (June 2022)
GASB-87, Leases: One Last Look for Lessees (March 2022) A Government’s Risks and What is GASB Proposing to Disclose? (March 2022) GASB 87, Leases: Your Frequently Asked Questions and Potential Issues (Jan. 2022) www.eidebailly.com/gasb2023
SIGN UP FOR NEWSLETTERS,
E-BLASTS AND WEBINARS:
www.eidebailly.com
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INDEPENDENCE
Eide Bailly is independent of the City of South Lake Tahoe as defined by the rules of the American Institute of Certified Public Accountants (AICPA), Public Company Accounting Oversight Board (PCAOB). None of the members of our firm have a direct or indirect interest in the City of South Lake Tahoe.
The second general standard for auditing requires the audit organization and the auditors be free from personal and external impairments to independence. As defined by these standards, Eide Bailly is independent in fact and in appearance, and no relationships, either personal or professional, exist that would cause our firm to not be impartial in dealing with the City of South Lake Tahoe.
Should Eide Bailly enter into any professional relationships deemed relevant during the course of this engagement, we will notify you in writing of such relationship.
LICENSED TO PRACTICE
Eide Bailly and each of the professional staff assigned to the City are properly registered and licensed to practice in California.
Firm Registrations:
California Secretary of State Registration Number: 20 2020 121 001 California State Board of Accountancy Permit Number: 5973 All assigned key professional staff have complied with government qualification standards, including government continuing education requirements.
PEER REVIEW
Our membership with the AICPA requires a third-party peer review of our audit and accounting practice every three years. Our most recent quality review, included on the following page, included several government engagements and received a rating of 'Pass'.
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DESK REVIEWS, LITIGATION AND DISCIPLINARY ACTIONS
Pursuant to state-specific code, desk reviews are performed on certain audited financial statements and field reviews of audited financial statements and supporting working papers on a regular basis. In addition, Uniform Guidance and federal grant agreements and contracts may also require the review of financial statements and/or working papers by a federal or state agency. As these reviews are conducted, Eide Bailly cooperates fully with the agency requiring such reviews.
The firm and its partners, as well as our clients, may periodically be the subject of investigations, formal or informal inquiries, or requests for information from a variety of regulatory agencies. It is the policy of the firm not to discuss these matters, or any client-related matters, outside of the firm. It is the firm’s opinion that none of these activities have a material impact to the firm.
No member of the engagement team assigned to the City has been the subject of investigation or action by any law enforcement or regulatory agency in the past three years.
PRINCIPAL SUPERVISORY AND MANAGEMENT STAFF
AN EXPERIENCED SERVICE TEAM
We’re passionate about our work—and your success. We have selected professionals for your service team who are the right fit for your engagement, based on their knowledge and experience in the government industry and with the City.
Roger Alfaro will lead the engagement team and serve as the Audit Engagement Partner and David Showalter will serve as the Technical Review Partner. Kinnaly Soukhaseum will serve as Consulting Partner, and Kyle Bartle will serve as the Audit Senior Manager. These professionals are licensed to practice as certified public accountants in California and have a strong desire to work with the City.
Senior and Staff Associates
All of our seniors that are expected to work on your engagement have more than three years of experience in public accounting and specialize in the government industry. We require Yellow Book compliance for all members of our assurance staff. This means no fewer than 24 hours of specific government education courses each two years. Most members of our audit staff significantly exceed that amount. Once an agreeable timeline has been determined, we will assign our talented seniors and staff to your engagement.
Staff Availability
Once engaged, we will meet with the City to discuss timing needs and structure our commitment of resources accordingly. We have reviewed our workload and are confident through the size of our firm and our resources— not only in California, but also across the firm—we have the capacity to serve the City now and in the future.
Although we are committed to other projects, we are adept at managing workflow and projects and can be flexible in allocating staff time. We are confident we have the resources to meet your needs.
Team Overview
We know the importance of a strong business relationship, so we keep staffing changes to a minimum year-toyear. Eide Bailly has a high retention rate, allowing us to provide stability. The following information will provide an overview of your service team:
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ROGER ALFARO, CPA, CITP
Partner
INSPIRATION: I enjoy helping governments achieve the next level of operations, transparency, and knowledge.
909.755.2829 | [email protected]
Roger provides accounting, audit and advisory services to commercial and government entities throughout California. His experience includes manufacturing, healthcare, nonprofit and government entities including cities, counties, special districts and state agencies.
Roger began his professional career with a Big 4 International firm working with large commercial and government entities. His expertise includes the complex accounting and regulatory requirements for single audit compliance, and he is recognized as a leader in Uniform Guidance audit requirements.
He has conducted financial statement audits for commercial and public companies and single audits for government agencies with assets exceeding $1 billion.
Client Work
Advises and assists clients with disclosure, financial reporting and compliance requirements pursuant to the GFOA Certificate Program. He provides training to staff through in-house conferences to ensure consistency and knowledge throughout the team, and also provides audit and accounting updates for many of his government clients.
Memberships
American Institute of Certified
Public Accountants
California Society of Certified
Public Accountants
Government Finance Officers
Association Certificate
Program Special Review
Committee
Designation/Licensures
Certified Public Accountant
Certified Information
Technology Professional
Education
Bachelor of Science, Business
Administration - California
State University, San
Bernardino
Relevant Clients
City of Palmdale
City of Brea
City of Temecula
City of Indian Wells
City of Rancho Mirage
City of Whittier
City of Walnut
City of Temple City
City of Sacramento
City of Laguna Niguel
City of Laguna Beach
City of Camarillo
City of Paramount
City of Pleasanton
City of Rancho Palos Verdes
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Relevant CPE Courses for Roger Alfaro
2B6Course Title 23B6Sponsor 24B6Date Credits
26B2023
ASN: 2023 Eide Bailly LLP Various 4.5
Fall A&A Update 2023 Eide Bailly LLP 10/26/2023 6.0
Internal Audit Summit Eide Bailly LLP 08/23/2023 10.5
Single Audit Update Eide Bailly LLP 07/17/2023 2.0
TNN 2023 Eide Bailly LLP 06/28/2023 1.0
2023 Partner Meeting Eide Bailly LLP 06/21/2023 1.0
Government Update Eide Bailly LLP 05/16/2023 7.0
GASB 87 and 96: An Intro and Comparison Eide Bailly LLP 02/15/2023 2.0 Fraud Auditing and Investigation Checkpoint 02/04/2023 4.0 2022
Cyber Never Sleeps: How to Prevent and Protect Your Organization Becker 12/23/2022 2.0 Real Frauds Found in Governments: Case 3: Management Override; Case 4:
Procurement Cards; and Case 5: Cyber Fraud (Yellow Book Compliant) AICPA 11/23/2022 5.0
GASB 94 – Public Private and Public-Public Partnerships and Availability Payment Arrangements
Becker 11/23/2022 2.0
Subrecipient, Beneficiaries, Why the Difference Matters to Federal Grant Operations
Eide Bailly LLP 11/07/2022 2.0
Internal Inspection, Inventory Observation, Analytics and Expectation of precision for review engagements
Eide Bailly LLP 10/28/2022 1.5
IT Controls, Information Technology Risk Advisory Services Group, SAS 142 Update , Lease Template, and Suralink Demo
Eide Bailly LLP 08/26/2022 1.5
Single Audit Update Eide Bailly LLP Various 6.0
NTO Virtual Office Visit 2022-07: International, Global Mobility & SALT Eide Bailly LLP 07/13/2022 1.0 NPO Audit Eide Bailly LLP 06/30/2022 2.0
Auditing Leases and Journal Entry Testing Eide Bailly LLP 06/24/2022 1.5 Eide Bailly - A&A Update SPRING Eide Bailly LLP 05/24/2022 6.0 Lease Query Eide Bailly LLP 05/06/2022 1.5
2021
Economic and Market Update Eide Bailly LLP 11/22/2021 1.0 Eide Bailly 2021 Fall A&A Update Session 2- Leases Eide Bailly LLP 10/28/2021 2.0 2021 Fall A&A Update- Intangibles, Financial Instruments, Credit Losses Eide Bailly LLP 10/21/2021 2.0 Compliance Supplement Update and The Various Federal COVID Acts Eide Bailly LLP 09/21/2021 1.5 Internal Audit Summit Day 1 Eide Bailly LLP 08/12/2021 3.0 Becoming a Trusted Advisor to Your Government Client Eide Bailly LLP 07/26/2021 1.5 Healthcare & Government Retreat Eide Bailly LLP 07/22/2021 10.0 The ARPA Basics & What We Can Do for Our Governments Eide Bailly LLP 06/25/2021 2.0 Becoming a Trusted Advisor to your Government Client Eide Bailly LLP 06/21/2021 1.5 Partner Meeting - Keynote 2021 Eide Bailly LLP 06/15/2021 2.0 California EQR Process, Results and Consultations Training Eide Bailly LLP 04/20/2021 4.0 GASB Webinar Series 2021 Eide Bailly LLP 02/18/2021 1.0 Single Audit Webcast: 2020 Compliance Supplement Addendum Eide Bailly LLP 01/05/2021 1.0 414
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DAVID SHOWALTER, CPA
Partner
INSPIRATION: I truly enjoy serving my clients and assisting them with complex accounting and financial reporting issues. What really excites me is developing longterm business relationships with my clients and building on that trust and relational experience to continuously provide the highest level of service. 909.755.2711 | [email protected]
David has focused his practice on conducting audits and advisory services for state, regional and local governments, including state departments, counties, cities, special purpose governments, utilities, transportation, First 5 commissions, and health care providers. He is responsible for the oversight of audit and advisory engagements and also, as appropriate, for the recommendation of internal control structures and best practices. Previously, he worked for one of the international Big 4 accounting firms working within the SEC and government arena and providing assurance services to manufacturing, retail and service entities, including SEC reporting and filing. His combined experiences have provided a base for his clients to trust the reliability and accuracy of the accounting and compliance information that he provides.
David provides annual training to firm staff through in-house continuing professional education to ensure consistency and knowledge are not just at the partner level but also with the entire team providing services to our clients. He also provides annual audit and accounting updates for many of his governmental clients and industry groups.
David’s clients trust his level and depth of knowledge of the reporting and compliance requirements under generally accepted accounting principles, including changes promulgated through the GASB, Financial Accounting Standards Board (FASB), Generally Accepted Government Auditing Standards and the Federal Uniform Guidance. With David’s experience working with a variety of government, healthcare and nonprofit entities, he provides a unique perspective to his clients and in the evaluation of their financial reporting, internal controls and governance.
Client Work
20+ years conducting audits of government and nonprofit entities.
Serves on the CalCPA Governmental Accounting & Auditing Committee.
Served on a consultative group for GASB.
Memberships
American Institute of Certified
Public Accountants
California Society of Certified
Public Accountants
Designation/Licensures
Certified Public Accountant
Education
Bachelor of Science, Business
Administration, Accounting -
California State University, San
Bernardino
Community
The Grove Community Church,
Finance Committee
Relevant Clients
City of Alameda
City of Concord
City of Covina
City of Davis
City of Fairfield
City of Folsom
City of Glendale
City of La Palma
City of Lake Forest
City of Palmdale
City of Riverside
City of Sacramento
City of Walnut Creek
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Relevant CPE Courses for David Showalter
Course Title Sponsor Date Credits
2023
California Regulatory Review Becker 11/07/2023 2.0
Government Ethics and Independence Becker 11/01/2023 2.0 Annual Professional Ethics Update 2023 Becker 11/01/2023 2.0 2023 Uniform Guidance Update Becker 11/01/2023 1.0
ASN: 2023 Eide Bailly LLP Various 6.0
September 2023 GAAC Meeting CalCPA 09/14/2023 5.0
Corruption, Part 1 Becker 08/31/2023 1.5
Fraud and the Need for Forensic Accounting Engagements AICPA 08/11/2023 1.0 Financial Statement Fraud Becker 08/11/2023 2.5
GASB 96: Subscription-Based Information Technology Arrangements Becker 08/09/2023 1.0 GASB 94: Public Private and Public-Public Partnerships and Availability Payment Arrangements
Becker 08/09/2023 2.0
Healthcare Retreat Eide Bailly LLP 07/13/2023 9.5
2023 Partner Meeting Eide Bailly LLP 06/21/2023 1.0
Government Update Eide Bailly LLP 05/16/2023 7.0
February 2023 GAAC Meeting CalCPA 02/09/2023 2.0
California Tax Update for Individuals & Businesses Eide Bailly LLP 01/23/2023 1.0 2022
Advisory Board Healthcare State of the Union Eide Bailly LLP 12/05/2022 1.0 Nonprofit Audit & Assurance Update Eide Bailly LLP 11/30/2022 1.0 Professionalism Reset Training Eide Bailly LLP 11/16/2022 1.0 ASN 2022 Eide Bailly LLP Various 7.5
Eide Bailly Fall A&A Update Eide Bailly LLP 10/27/2022 3.0 Current Year Single Audit Matters and Challenges Eide Bailly LLP 10/25/2022 1.0 Introduction to Healthcare Executive Services and Outsourced and Managed Services
Eide Bailly LLP 10/20/2022 1.0
HUD: Audit Update for Multifamily Housing and Public Housing Eide Bailly LLP 10/18/2022 8.
Reporting Requirements, Common Deficiencies in Single Audits AICPA 10/13/2022 1.0 October 2022 GAAC Meeting CalCPA 10/06/2022 3.0
Join Us: Eide Bailly NetSuite Healthcare Collaboration Eide Bailly LLP 08/29/2022 1.0 Single Audit Update Eide Bailly LLP 08/24/2022 2.5
NPO Audit Eide Bailly LLP 07/28/2022 2.0
Healthcare Retreat Eide Bailly LLP Various 6.0
Partner Meeting Eide Bailly LLP 06/15/2022 2.0
Eide Bailly - A&A Update SPRING Eide Bailly LLP 05/24/2022 6.0 GASB-87, Leases – One Last Look for Lessees Eide Bailly LLP 05/18/2022 1.5 2021
Auditor's Response to the Fraud Risk Assessment Checkpoint 12/31/2021 5.0 Eide Bailly 2021 Fall A&A Update Session 2- Leases Eide Bailly LLP 10/28/2021 2.0 California Harassment Eide Bailly LLP 10/27/2021 2.0
Recording: Single Audit and Yellow Book Track 2021 Eide Bailly LLP 10/22/2021 0 Lessons Learned from Nonprofit Revenue Recognition Eide Bailly LLP 09/23/2021 1.0 Compliance Supplement Update and The Various Federal COVID Acts Eide Bailly LLP 09/21/2021 1.5 Data Analytics in Internal Audit Eide Bailly LLP 09/08/2021 1.0 Internal Audit Summit Eide Bailly LLP 08/12/2021 3.0
HCNN August 2021 - EB Healthcare Receivable Testing Approach Eide Bailly LLP 08/09/2021 1.0 Becoming a Trusted Advisor to your Government Client Eide Bailly LLP Various 3.0 HC & Gov Retreat - NPO Governmental Eide Bailly LLP 07/22/2021 5.0 416
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Course Title Sponsor Date Credits
ARPA Basics & What We Can Do for Our Governments Eide Bailly LLP 06/25/2021 2.0 Partner Meeting - Keynote 2021 Eide Bailly LLP 06/15/2021 2.0 GASB Webinar Series 2021 Eide Bailly LLP 04/28/2021 1.0 California EQR Process, Results and Consultations Training Eide Bailly LLP 04/20/2021 4.0 The Paycheck Protection Program - Legislative Update Eide Bailly LLP 01/25/2021 1.0 417
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KINNALY SOUKHASEUM, CPA
Partner
909.755.2823 | [email protected]
Kinnaly's practice includes audit, accounting and advisory services to government entities throughout California. She has been conducting audits of counties, cities, large regional and special purpose government agencies for over 15 years. Her experience also includes transit agencies, public utilities and single audits.
She has performed the financial and compliance audits of federal awards in accordance with Uniform Guidance.
Her single audit experience includes audits of programs from the Department of Health and Human Services, Department of Housing and Urban Development, Department of Homeland Security, Department of Transportation and a variety of other agencies.
Client Work
Advises and assists clients with disclosure, financial reporting and compliance requirements pursuant to the Government Finance Officers Association (GFOA) Certificate Program.
Provides training to staff through in-house conferences to ensure consistency and knowledge throughout the team, and also provides audit and accounting updates for many of her government clients.
Memberships
American Institute of Certified
Public Accountants
Designation/Licensures
Certified Public Accountant
Education
Bachelor of Science, Business
Administration - University of
California, Riverside
Relevant Clients
City of Fairfield
City of Rancho Mirage
City of Glendale
City of Paramount
City of Rancho Cordova
City of Walnut
City of Temple City
City of Indian Wells
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Relevant CPE Courses for Kinnaly Soukhaseum
Course Title Sponsor Date Credits
2023
Ethics for California CPAs Checkpoint 11/03/2023 4.0
ASN: 2023 Eide Bailly LLP Various 7.0
Fall A&A Update 2023 Eide Bailly LLP 10/26/2023 6.0
2023 Nonprofit Audit Update Eide Bailly LLP 07/10/2023 2.0 2023 Partner Meeting Eide Bailly LLP 06/21/2023 1.0
June 30th is Coming Quick – Is Your Government Ready? Eide Bailly LLP 06/12/2023 2.0 Strategic Growth Conversation Series-Helping Client Increase Cash Flow:
Business Credits & Incentives
Eide Bailly LLP 05/24/2023 1.0
Government Update Eide Bailly LLP 05/16/2023 6.5
Single Audit/ GASB Update Eide Bailly LLP 05/04/2023 4.5 2022
Single Audit Update Eide Bailly LLP Various 6.0
Government Update Eide Bailly LLP 07/12/2022 4.5
ASN 2022 Eide Bailly LLP Various 6.0
Eide Bailly - A&A Update SPRING Eide Bailly LLP 05/24/2022 6.0 Single Audit Training: Introduction to Single Audit/Planning a Single Audit Eide Bailly LLP 05/19/2022 4.0 Government Ethics and Independence Becker 05/05/2022 2.0 Journal Entry Testing - Applying AU-C 240 Checkpoint 05/04/2022 1.0 Asset Misappropriation Schemes Becker 05/03/2022 1.5
Federal Government Contracting—Contract Fraud Becker 05/02/2022 1.5 ARPA and Infrastructure Bill Impacts and FAQs Eide Bailly LLP 03/30/2022 2.0 What are a Government’s Risks and What is GASB Proposing to Disclose Eide Bailly LLP 03/24/2022 2.0 CA Managers Training Eide Bailly LLP 01/21/2022 3.0
GASB 87 Leases: Your Frequently Asked Questions and Potential Issues Eide Bailly LLP 01/19/2022 2.0 2021
California Regulatory Review RRS-026-0418 Becker 12/29/2021 2.0 BLI - MBAexpress – Good Governance AICPA 12/29/2021 1.0 Live Training ASN 2021 Eide Bailly LLP Various 6.0
Compliance Supplement Update and The Various Federal COVID Acts Eide Bailly LLP 09/21/2021 1.5 Single Audit Eide Bailly LLP 08/16/2021 3.0
GASB-87 Leases: Lessors; Special Issues, Implementation, GASB-94 and GASB-96
Eide Bailly LLP Various 4.0
American Rescue Plan Act Basics & What We Can Do for Our Governments
Eide Bailly LLP 06/25/2021 2.0
GASB Webinar Series 2021 Eide Bailly LLP Various 5.0
Planning Considerations for 2021 Single Audits Eide Bailly LLP 05/27/2021 1.0 California EQR Process, Results and Consultations Eide Bailly LLP 04/20/2021 4.0 419
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KYLE BARTLE, CPA
Senior Manager
916.999.8512 | [email protected]
Kyle provides accounting and assurance services to government agencies, specializing in California government agencies, including counties, cities and special districts.
When you work with Kyle, you will receive dedicated services tailored to the needs of your organization, while providing constructive feedback and guidance on changes relevant to your industry.
Outside of work, Kyle enjoys outdoors activities such as camping, hiking and running.
Client Work
Provides accounting and assurance services to California governmental agencies, specializing in governmental accounting standards and single audits in accordance with the Governmental Accounting Standards Board (GASB), Uniform Guide and OMB A133. Kyle also provides compliance audits for local ordinances.
Experience in governmental agencies includes counties, cities, and special districts and governments, including pollution control districts, utility districts, flood control districts, solid waste agencies, transportation agencies, housing agencies and other special districts.
Extensive experience with assisting government agencies in preparing financial statements in accordance with the GASB and the Governmental Finance Officers Association (GFOA).
Facilitates regular trainings, both in-house and externally, on current and upcoming accounting and assurance topics, including single audits and Uniform Guidance and GASB updates.
Performs agreed-upon procedures for entities in various industries and purposes, including procedures to determine compliance with operating agreements and performance reporting.
Memberships
American Institute of Certified
Public Accountants
Designation/Licensures
Certified Public Accountant
Education
Bachelor of Accountancy -
California State University,
Sacramento
Relevant Clients
City of Fairfield
City of Brea
City of Roseville
City of Rancho Cordova
County of Solano
County of Placer
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Relevant CPE Courses for Kyle Bartle
Course Title Sponsor Date Credits
2023
ASN: 2023 Eide Bailly LLP Various 5.5
Fall A&A Update 2023 Eide Bailly LLP 10/26/2023 6.0
NEXTGEN: What Would You do? The Intersection of Quality and Risk Eide Bailly LLP 08/18/2023 1.5 Government Basics Eide Bailly LLP 07/25/2023 10.0
Single Audit Update Eide Bailly LLP 07/17/2023 2.0
Spring A&A Update 2023 Eide Bailly LLP 05/23/2023 5.0
Government Update Eide Bailly LLP 05/16/2023 7.0
GASB 87 and 96: An Intro and Comparison Eide Bailly LLP 02/15/2023 2.0 2022
ASN 2022 Eide Bailly LLP Various 6.0
Eide Bailly Fall A&A Update Eide Bailly LLP 10/20/2022 3.0 Government Basic Training Eide Bailly LLP Various 6.0
Government Update Eide Bailly LLP 07/12/2022 4.5
GASB-87, Leases – One Last Look for Lessors Eide Bailly LLP 06/22/2022 2.0 Single Audit Update Eide Bailly LLP 05/25/2022 3.0
Eide Bailly - A&A Update SPRING Eide Bailly LLP 05/24/2022 6.0 Single Audit Training: Introduction to Single Audit / Planning a Single Audit Eide Bailly LLP 05/19/2022 1.5 GASB-87, Leases – One Last Look for Lessees Eide Bailly LLP 05/18/2022 2.0 Comprehending Single Audits, Federal Awards (Yellow Book Compliant) AICPA 02/03/2022 1.0 Recording: California Follow-up Training Single Audit Eide Bailly LLP 02/03/2022 0 CA Managers Training Eide Bailly LLP 01/21/2022 3.0
Accountants' Responsibilities Regarding Fraud Becker 01/16/2022 4.0 2021
CPAs and Independence Checkpoint 12/27/2021 1.0
2020 Professional Ethics Update Becker 12/27/2021 2.0
Live Training ASN 2021 Eide Bailly LLP Various 6.0
California Harassment Eide Bailly LLP 10/19/2021 2.0
Next Gen Eide Bailly LLP Various 9.0
Compliance Supplement Update and The Various Federal COVID Acts Eide Bailly LLP 09/21/2021 1.5 Becoming a Trusted Advisor to your Government Client Eide Bailly LLP Various 4.5 Healthcare & Government Retreat Eide Bailly LLP 07/22/2021 10.0 ARPA Basics & What We Can Do for Our Governments Eide Bailly LLP 06/25/2021 2.0 The ARPA Basics & What We Can Do for Our Governments Eide Bailly LLP 06/25/2021 2.0 GASB Webinar Series 2021 Eide Bailly LLP 06/23/2021 5.0 Partner Meeting - Keynote 2021 Eide Bailly LLP 06/15/2021 2.0 California EQR Process, Results and Consultations Training Eide Bailly LLP 04/20/2021 4.0 Live Training Session: ASN 2020 Eide Bailly LLP 01/15/2021 1.5 Single Audit Webcast: 2020 Compliance Supplement Addendum Eide Bailly LLP 01/05/2021 1.0 421
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Scope of Work/Implementation
AUDIT METHODOLOGY
At Eide Bailly, we promise you a better overall experience. While we recognize that multiple firms are capable of accomplishing the objectives of an audit, Eide Bailly appreciates that every situation and every organization is different, and we tailor our approach based on the needs of each client.
Eide Bailly values its business relationships and demonstrates this through our partner and manager involvement. Our senior level professionals are involved with our clients and accessible throughout the year.
They do not delegate all tasks to staff, but rather stay involved on-site during fieldwork and stay connected throughout the year. This approach delivers the greatest benefit to our clients because we are able to stay abreast of changes in and updates to our client’s operating environment and partner with them to achieve optimal results.
Our clients experience a communication approach that stands apart in both style and frequency. Because we recognize that effective communication is critical throughout the entire audit process, our service and communication approach begins with planning and continues throughout the year.
Additionally, we take a collaborative communication approach with our clients and include them in the process as our peers. Our clients offer a wealth of knowledge and information about their organization, and communicating with them as a business partner ultimately produces the best outcome.
Prior to beginning the engagement, we will discuss with management:
• The engagement timeline.
• The audit approach and process.
• Additional considerations that may affect scope, schedules and work papers to be prepared by your personnel.
Upon appointment as your auditor, we will discuss the audit schedules and work with you to ensure the timeline meets your needs and makes the most effective use of your staff members’ time. 422
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PROPOSED SEGMENTATION OF ENGAGEMENT
AUDIT WORK PLAN
Our audit approach is designed for collaboration and optimal results. It consists of five major components:
Planning, Interim, Fieldwork, Reporting and Ongoing Communication. If awarded, we will discuss with management our proposed schedule, but we also have the flexibility to make any changes to meet reporting deadlines. The objectives of each component are described in the following pages:
PLANNING
• Discuss and finalize the engagement timeline, audit approach and process. • Discuss risks and concerns of the management and accounting staff, including the Board, if requested.
• Evaluate the nature of the operating environment (e.g., changes in volume, degree of system and reporting centralization, sensitivity of processed data, impact on critical business processes, potential financial impacts, planning conversions and economic and regulatory environment).
• Review interim financial information and reports to identify significant risks and changes. • Review significant estimate areas and consider underlying assumptions. • Update our understanding of the City, reporting units and their environments. • Document internal control systems, including IT, and related changes from prior periods. • Consider fraud, risk of noncompliance, illegal acts, abuse, etc. • Assess audit risk and identify of potential audit issues. • Assess materiality and testing scopes, to the extent possible, and present audit plan. • Prepare and communicate audit request lists and work papers. • Develop expectations regarding timing and audit progress. • Gain understanding of single audit programs and perform an analysis of potential major federal programs.
INTERIM WORK: SINGLE AUDIT (AS NEEDED)
Phase I: Risk Assessment and Planning
This phase encompasses the planning and risk assessment of your federal programs. The planning phase sets the tone as well as set the stage for an efficient and effective single audit.
We will work closely with management to properly identify federal programs and clusters to determine the major programs to be tested. The steps include:
• Determine grant awards and funding increments.
• Determine the Type A and Type B thresholds.
• Perform a review of the past two single audits and document the program risk to determine risk, for any programs above the threshold (Type A). • Make final determination of major programs to be tested. • Review applicable Uniform Guidance Compliance Supplement for any unusual items and determine direct and material compliance areas for each major program.
Planning Interim Work Fieldwork Reporting Ongoing
Communication
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Phase II: Major Program Testing
After making the major program determination, we’ll test the major programs through the following steps:
• Obtain audit steps from the Compliance Supplement.
• Obtain the process and controls related to the direct and material compliance areas identified during planning. The controls for each area need to address the five components of Committee of Sponsoring Organizations of the Treadway Commission (COSO) as required by Uniform Guidance.
• Select samples for control and compliance testing.
• Perform control testing for effectiveness and compliance testing of selected transactions. • Report material weaknesses or material noncompliance to management. • Hold periodic status meetings and discuss potential findings with management while our auditors are in the field.
Phase III: Assessment and Reporting
The above steps are based on the preliminary Schedule of Expenditures of Federal Awards (SEFA). Once the SEFA has been finalized, we will determine if any additional major programs are to be tested. We will:
• Perform major program testing steps for any newly identified programs. • Review prior findings, if any, and determine if findings were cleared by management and do not need to be reported during the current year.
• Prepare the Schedule of Findings and Questioned Costs. • Hold an exit conference with management and key grant personnel, and provide a draft report of the single audit and Yellow Book findings required to be reported. The Manager and Engagement Partner review the findings prior to the exit conference.
INTERIM WORK: FINANCIAL STATEMENT
• Communicate with management to determine internal controls, perform walk-throughs and to discuss any potential audit issues.
• Determine audit procedures by area, based on results of planning and risk assessment. • Determine confirmation needs.
• Prepare listing of audit information requested from the City. • Review minutes, resolutions and ordinances.
• Perform tests of legal compliance.
• Provide weekly updates to City staff.
• Hold exit conference with management.
FINAL FIELDWORK
• Audit areas based on risk assessment.
• Obtain and prepare schedules and analyses supporting the financial information. • Discuss findings with management, if any.
• Discuss proposed journal entries with management, if any. • Finalize single audit testing.
• Provide weekly updates to City staff.
• Hold exit conference with management.
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REPORTING
• Review of financial statements by the Engagement Partner. • Review of financial statements by the Technical Review Partner to obtain a “second opinion” on the completeness and adequacy of financial statement disclosures and audit procedures.
• Complete management letters and review with management. • Prepare other communications to management and the Board. • Assist with preparation of the Data Collection Form and the reporting package for submission to the Federal Audit Clearinghouse.
• Present to the Board at its regularly scheduled meeting, if requested.
ONGOING COMMUNICATION
• Obtain interim financial statements throughout the year for review. • Analyze significant changes and identify areas to further tailor our audit plans and keep us up to date with continuing changes.
• Compare interim results to year-end results for the past few years to identify potential issues in the financial reporting process.
• Participate periodically at your Board meetings, and any other meetings, upon request.
We take a “no surprises” approach to our engagements. We work closely with management and accounting personnel throughout the audit process, hold weekly meetings to review open items and discuss potential accounting or compliance issues and provide periodic written or oral reports on the status of the audit to representatives of the City.
At the end of fieldwork, we will hold an exit conference with management to discuss any potential findings and come to a conclusion. We strive not to have additional findings subsequent to the exit conference.
Audit Timeline
We understand your requested timeline and are committed to meeting your deadlines. Eide Bailly commits to you that if your team is prepared for the audit when our team is in the field, we will meet your deadlines. We will work closely with your team through the planning stages to clearly define expectations and the items required from your team in order to facilitate an efficient audit to enable us to meet your deadline.
The following table identifies the structure of our audit for the City, and the timing of each section.
Engagement Timeline
Activity Timing
ONGOING COMMUNICATION
Planning and Interim Audit PBC Listing July
Throughout the year
Interim Audit Fieldwork August
Final Audit PBC Listing October
Report Preparation December – January
Final Audit Fieldwork (including single audit) January
Draft Reports By February 28
Final Reports By March 20
Reporting April
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Use of Technology
Eide Bailly staff utilizes progressive and effective software to streamline processes and make them as efficient as possible. These technologies include:
Suralink
Years of dedicated service have helped us develop the skills, abilities and tools necessary to exceptionally serve our clients. To aid in this process, we have researched ways to enhance our use of software to better streamline the audit process and deliver state-of-the-art technology solutions to our clients.
Suralink is an interactive Provided by Client (PBC) software solution aimed at improving the client experience for document exchange. This addition to our suite of tools has the potential to save a substantial amount of time managing PBC documents, creating increased efficiencies during your engagement.
The secure web-based application
combines a file portal, request list
and workflow features. Each
request has a status of outstanding,
fulfilled, accepted, or returned, and
holds files uploaded by both parties,
comments, responsibility
assignments and a full activity log.
Files are uploaded by drag and
dropping from your computer to the
correct request. All requests are in
one place and updated live.
This addition to our suite of tools
has the potential to save a
substantial amount of time
managing PBC documents, creating
greater efficiencies during your
engagement. By combining a request list
and file portal, Suralink streamlines the
tools we use to request and receive
information from you.
Data Extraction Software
TeamMate: Our approach incorporates
the use of TeamMate Analytics to
maximize efficiency while conducting a
very effective audit. Through TeamMate,
we can extract information from related
databases and create databases that
check for duplicate payments, summarize payments, extract journal entries from specific accounts, develop expectations for analytical procedures and recalculate system calculations, among a host of other procedures developed by our audit team.
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DataSnipper: Eide Bailly's audit approach is enhanced by the use of DataSnipper, a powerful Excel add-in that improves efficiency and fosters effective auditing practices. This innovative tool allows us to leverage artificial intelligence (AI) for automated document matching. With configurable templates for standardized audit procedures, DataSnipper streamlines workpaper preparation and review while enhancing collaboration within our audit practice.
CCH ProSystem fx Engagement by Wolters Kluwer
This software is used to perform the audit, retains the electronic workpapers and supporting documentation, performs project tracking and facilitates quality engagement review.
Using Information Technology Auditors
Under auditing standards for any financial audit, we are required to obtain a sufficient understanding of the accounting system and technology environment. It is our philosophy to not only meet but to exceed this requirement through the involvement of our dedicated technology specialists as deemed appropriate.
Our IT methodology is based on AICPA guidelines, the internal controls framework prescribed by COSO, and the best practices for technology controls as defined by the Control Objectives for Information and Related Technology (COBIT) developed by the Information Systems Audit and Controls Association (ISACA).
When auditing the technology environment, we evaluate the general technology controls and specific application controls that are in effect. This requires our IT auditors to consider how the accounting systems, infrastructure, processes and people work individually and together to ensure financial records are being appropriately processed and reported.
As such, we must work with IT staff to assess how the relevant systems and technology environment are administered and supported, and with accounting staff to evaluate how financial data is processed and system controls are maintained to enforce segregation of duties.
Eide Bailly has extensive experience integrating a variety of IT services into our audit engagements across organizations in the public, private and nonprofit sectors. These experiences include auditing of IT operations, security and software development as well as conducting both internal and external network vulnerability tests.
In addition, we have former federal and local law enforcement computer forensic specialists that utilize the latest tools to analyze and investigate digital media for a wide range of purposes.
Our experience with audits of various entities requires adherence to various standards surrounding internal controls including the COSO Framework, generally accepted government auditing standards (GAGAS) and Federal Information System Controls Audit Manual (FISCAM). We work with our clients to help them understand the updated COSO framework. We have conducted training on COSO and risk assessments nationwide and believe we will add value and improve the effectiveness of the risk management, control and governance processes.
Type and Extent of Analytical Procedures
Analytical procedures will be applied throughout general planning to improve our understanding of your operations and to identify audit areas for increased attention. These will assist in planning the nature, timing and extent of other procedures, and will be applied to all balance sheet, revenue/receipt and expense/expenditure areas. Procedures include the comparison of current year to prior year and budget amounts. Areas that show results different from those anticipated or planned will be further investigated to determine the validity of the variance.
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During Year-end Fieldwork: Analytical procedures are used to test whether errors affecting account balances or classes of transactions have occurred by comparing the recorded amount with an independently developed expectation of that amount. The expectation is developed in such a way that a significant difference between the expectation and the recorded amount is indicative of a financial statement misstatement, unless we can obtain and corroborate explanations for the difference.
Analytical procedures are a natural extension of our understanding of your business because the key factors that influence your business may be expected to affect the financial data.
During Reporting: Our last step is to perform a final analytical review at the financial statement level to ensure that we have gained a comprehensive understanding of the financial statements during the audit engagement and to determine whether the financial statements are appropriately presented and contain appropriate disclosures. Such final analytical procedures highlight and explain significant changes from the previous year and ensure that such changes are consistent with the knowledge of your business and our audit evidence. These procedures typically consider trends based on several previous years, instead of comparison only with the prior period.
LEVEL OF STAFF AND NUMBER OF HOURS
Below is our proposed level of staffing and estimated hours for each segment of the audit.
Staff Level and Engagement Hours
Partner
Senior
Manager/
Manager
Senior
Associate Staff Paraprofessional Total
Planning & Pre-Work 4 8 16 16 2 46
Interim Work 12 24 40 80 - 156
Fieldwork 16 34 100 150 - 300
Reporting 8 14 68 14 14 118
Total 40 80 224 260 16 620
SAMPLE SIZES AND EXTENT OF STATISTICAL SAMPLING
Sampling may be performed for tests of controls, compliance testing and substantive tests of certain accounts and transactions. During our audit of basic financial statements, we will also select various transactions for testing based on materiality assessed at the appropriate level. These transactions may include such items as capital asset additions, expenditures, subsequent disbursements and subsequent receipts. We will be pleased to discuss specific sample sizes and selection methods when they are determined, either during audit planning or during fieldwork.
We will select the appropriate sample size to support our conclusions in compliance with laws and regulations.
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APPROACH FOR INTERNAL CONTROL STRUCTURE
A significant aspect of the planning process involves understanding each reporting unit’s internal control environment, including IT controls and, where relevant, testing of internal controls. The following is a summary of our process regarding internal controls over financial reporting and compliance:
Internal Controls over Financial Reporting
Our approach will start with any documentation related to internal controls already developed. We review this to obtain an overview of the internal control system and then conduct interviews with your staff to complete the documentation of our understanding related to internal controls and significant changes each year.
After conducting the interviews, we will evaluate the internal control system design and expected operating effectiveness for significant areas depending on the reporting unit. By completing control testing in these areas, we expect to reduce substantive testing to conduct an efficient audit.
Our approach will be focused on key process controls or overall system controls, rather than detailed control processes. We will also focus on key IT related controls in areas such as revenue, payroll and claims, for more efficiency from an audit perspective relative to the control process.
Our risk-based approach incorporates control testing and substantive tests of balances, where appropriate. In certain areas that are not as significant, we will conduct the audit using a primarily substantive approach. Our experience is that substantively auditing a balance rather than completing an extensive control test is often more efficient and effective.
Internal Controls over Compliance
Our approach for internal controls over compliance associated with federal programs is similar to the approach regarding internal controls over financial reporting related to accumulation, documentation and evaluation of the control environment.
Test of controls over compliance are required for major federal programs. Our approach identifies key controls applicable to direct and material compliance requirements for testing, as well as incorporating results from tests of internal controls over financial reporting and IT.
The approach to gain an understanding of your internal controls includes:
• Interview City personnel.
• Review organizational charts, accounting and procedure manuals and programs. • Complete internal control questionnaires.
• Write up system narratives.
• Evaluate items selected for testing.
• Review controls over financial information systems.
The timely completion of this work allows us to perform our work efficiently and promptly communicate any potential recommendations. In addition, our engagement approach is based on:
• Observations we believe will help achieve objectives. We are pleased to respond to inquiries about financial or other business matters.
• The assistance to be provided by your personnel, including preparation of schedules and analyses of accounts, will be discussed with the finance department. Timely completion of this work will assist us in performing our work efficiently.
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DETERMINING LAWS AND REGULATIONS SUBJECT TO AUDIT TEST WORK During the planning process, we will also discuss with management and personnel the laws and regulations to which the City is subject. The objective will be to determine those laws and regulations that could have a material impact on the financial statements or are pertinent to your federal financial assistance programs.
Our knowledge of such laws and regulations and Government Auditing Standards will be essential to the discussion. We are aware of the applicable requirements and consider them when determining the necessary audit procedures.
During our audit procedures, we will:
• Perform tests of compliance with certain provisions of laws, regulations, contracts and grants. • Assess the risk of material misstatement resulting from violations of laws and regulations having a direct and material effect on the determination of financial statement amounts. These laws and regulations can relate to items such as budgetary compliance, purchasing compliance and cash and investment compliance, as well as single audit compliance, as applicable. • Combine compliance tests of laws and regulations involving the inspection of documentation supporting transactions with substantive tests of transactions and tests of control procedures.