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, May 7, 2024 at 9:00 am
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe ----------------------------------------------------------------------------------------------------- Mayor Pro Tem Friedrich will be participating via teleconference from North Liberty Library, 520 W Cherry St, North Liberty, IA 52317, Study Room 2, a location accessible to the public.
Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, YouTube at https://www.youtube.com/channel/UC3LYne8Ih-kTPLnnuyJW9SQ/live and via ZOOM at this link https://us06web.zoom.us/j/87160355223
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: 871 6035 5223 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 1 1. Proclamation Recognizing May 2024 as "Mental Health Awareness Month"
2. Proclamation Recognizing May 2024 as "National Military Appreciation Month" of your phone number when it is your turn to speak. Note: The Mayor reserves the right to conduct the meeting with in-person 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 [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.
Call to Order/Pledge of Allegiance
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.
Roll Call
Closed Session Report
Proclamations
Requested Action / Suggested Motions: Issue a Proclamation to Barton Health recognizing May 2024 as "Mental Health Awareness Month".
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 1- Executive Summary.pdf
Proclamation - May 2024 Mental Health Awareness Month.docx Requested Action / Suggested Motions: Issue a Proclamation to the Naval Air Station Fallon, recognizing May 2024 as "National Military Appreciation Month".
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 2- Executive Summary.pdf
Proclamation - Recognizing May 2024 as National Military Appreciation Month.pdf 2 3. Proclamation Recognizing May 2024 as "Building Safety Month"
4. City Council Meeting Minutes
5. Purchase of Two Street Sweepers from BP Loader Corporation for $962,756 and One Park Sweeper from Belkorp AG for $70,323
6. 2023 Annual Comprehensive Financial Report (ACFR)
Requested Action / Suggested Motions: Issue a Proclamation to the City's Building Department recognizing May 2024 as "Building Safety Month"
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 3- Executive Summary.pdf
Proclamation - Recognizing May 2024 as Building Safety Month.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.
Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item.
Requested Action / Suggested Motions: Pass a Motion to approve the April 23, 2024 Regular City Council meeting minutes.
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 4- Executive Summary.pdf
04 23 2024 Meeting Minutes.pdf
Requested Action / Suggested Motions: Pass a Resolution accepting TRPA O&M and Air Quality Mitigation funds for $481,378.41, appropriating $75,379 in Measure S and $29,983 in General Fund Undesignated Excess Reserves, and authorizing the City Manager to purchase two (2) XBROOM from BP Loader Corporation for $962,756.83, through Sourcewell Cooperative Agreements, per South Lake Tahoe City Code section 3.45.090 (Cooperative Purchasing) and one (1) Sweepstar 60 from Belkorp AG for $70,323.32.
Responsible Staff Member(s): Anush Nejad, Director of Public Works, John Stark, Director of Parks and Recreation, and Phil Harwood, Maintenance Manager
Item 5- Executive Summary.pdf
01 - Staff Report - Sweepers Purchase.docx
02 - PB Loader Xbroom.pdf
03 - Planetbid BidSummary.pdf
04 - SWEEPSTAR 60 SPEC-1.pdf
05 - TRPA Budget Appropriations for Street Sweepers.pdf 06 - Resolution- Funding for Sweepers.docx
Requested Action / Suggested Motions: Receive and File. 3 7. Permanent Local Housing Allocation (PLHA) Program Application for the Sugar Pine Village Affordable Housing Project Phase 2B
8. Budget Appropriation of $50,000 for Professional Services Agreement with RSG, Inc. for Disparate Impact Analysis for Local Preference Policy for Affordable Housing
9. 2023 - 2024 Position Allocation List Amendment
10. Levy of Assessment for Ski Run Business Improvement District for Business License Year 2024/2025
Responsible Staff Member(s): Olga Tikhomirova, Director of Finance Item 6- Executive Summary.pdf
01-Staff Report - 2023 ACFR.docx
02- 2023 City of South Lake Tahoe ACFR.pdf
03-City of South Lake Tahoe 2023 Final GANN Limit AUP Report.pdf Requested Action / Suggested Motions: Pass a Resolution authorizing the City Manager to submit a joint application with Related Companies of California LLC under the PLHA Program for Sugar Pine Village Phase 2B for an amount not to exceed $5,000,000.
CEQA Determination: CEQA does not apply to this action to provide financial assistance to Sugar Pine Village, which was approved under SB 35.
Responsible Staff Member(s): Jessica Wackenhut Lomeli, Housing Manager Item 7- Executive Summary.pdf
01-Staff Report - PLHA Sugar Pine Village Phase 2B.docx 02-PLHA Competitive Resolution.pdf
Requested Action / Suggested Motions: Pass a Resolution appropriating $50,000 in funds from Workforce Housing Fund balance for a disparate impact analysis for local preference policy for affordable housing.
Responsible Staff Member(s): Jessica Wackenhut Lomeli, Housing Manager Item 8- Executive Summary.pdf
01-Staff Report - Budget Appropriation for RSG Local Preference.docx 02-Professional Services Agreement with RSG.pdf
03-Resolution - Budget Appropriation Local Preference.docx Requested Action / Suggested Motions: Pass a Resolution approving amendments to FY 2023 – 2024 List of Allocated Permanent Positions by adding the position of Associate Architect and Corresponding Salary Table.
Responsible Staff Member(s): Ember Buckman, Human Resources Manager Item 9- Executive Summary.pdf
01-Staff Report Allocated Positions Listing Amend 2023-2024.docx 02-Resolution Allocated Position Listing Amend 2023-2024 Budget.docx 03-Position Allocation 23-24 Amended May 2024 (Exh. 1 to Reso).pdf 04-Salary Table Associate Architect (Exh. 2 to Reso).pdf Public Hearing
Requested Action / Suggested Motions: Pass a Resolution confirming the Ski Run Business Improvement District annual report and levying the assessment for business license year 2024/2025.
Responsible Staff Member(s): Ben Hannah - Accountant II Item 10- Executive Summary.pdf
01 - Staff Report Ski Run BID 05-07-2024.docx
02 - Resolution Levying Assessment.docx
03 - SRBID 2024-2025 Budget Proposal.pdf
04 SRBID 2024-2025 Budget Proposal_Prior Year vs Proposed.pdf 05 SRBID 2024-2025 Budget Proposal_Includes Measure S Recreation.pdf 06 - Ski Run BID Report 2024.pdf
4 11. Motel 6 and Sunray Motel Update
12. Predevelopment Loan and Development Agreement with NDC Lake Tahoe LLC for the 3900 and 3908 Lake Tahoe Boulevard Affordable Housing Project
13. Review of Bicycle Advisory Committee (BAC) prioritized list of Active Transportation Projects for the City’s Capital Improvement Program
14. Mid-Town Area Plan Kick-off Presentation
15. Participatory Budgeting
07 - Friends of Ski Run Report 2024.pdf
08 - Ski Run BID Notice of Intent.pdf
Regular- Unfinished Business
Requested Action / Suggested Motions: Receive and File.
Responsible Staff Member(s): Zach Thomas, Director of Development Services Item 11- Executive Summary.pdf
01-Staff Rep[ort Motel 6 and Sunray
02 - 2659 Lake Tahoe Blvd Non Compliance Letter Jan 2024.pdf 03- Public Comment Jinkens.pdf
Regular-New Business
Requested Action / Suggested Motions: Pass a Motion authorizing the City Manager to enter into a Predevelopment Loan and Development Agreement with NDC Lake Tahoe LLC for 3900 and 3908 Lake Tahoe Boulevard affordable housing project for an amount not to exceed $564,073.
CEQA Determination: This action is categorically exempt from review under CEQA Guidelines section 15332 (In-Fill Development Projects)
Responsible Staff Member(s): Jessica Wackenhut Lomeli, Housing Manager Item 12- Executive Summary.pdf
01 - Staff Report - Novin Predevelopment Loan.docx
02 - Predevelopment Loan and Development Agreement.pdf
Requested Action / Suggested Motions: Pass a Motion confirming preferred priority 1A projects for the City's Capital Improvement Program as set forth in Attachment 02 (List of BAC Priority 1A Projects).
CEQA Determination: This action is statutorily exempt from environmental review under CEQA Guidelines section 15262 (planning and feasibility studies).
Responsible Staff Member(s): Jason Burke, Complete Streets Program Manager, and Nicholas Brogna, Stormwater and Mobility Intern
Item 13- Executive Summary.pdf
01-Staff Report - BAC Project List.docx
02 - List of BAC Priority Projects.pdf
03 - Map of Proposed Bicycle Infrastructure.pdf
04-2018 ATP Technical Amendment 1-Project List.pdf
05 - BAC ATP List Presentation.pptx
Requested Action / Suggested Motions: Receive and File.
Responsible Staff Member(s): Anna Kashuba, Senior Planner Item 14- Executive Summary.pdf
01-Staff Report - Mid-Town Area Plan Kick-off.docx
02-Mid-Town Area Plan Project Scope.docx
03-Mid-Town Area Plan Project Timeline.docx
04-AB 930 Letter of Support.docx
05-Mid-Town Area Plan Boundary.pdf
Requested Action / Suggested Motions: Pass a Motion directing staff to implement a participatory 5 16. Ordinance Designating Very High Fire Severity Zones (First Reading)
17. Resolution Recognizing June as "Pride Month" in the City of South Lake Tahoe
18. Option for Elections Code Section 9212 Report for Vacancy Tax Citizens Initiative
19. Agenda Planning Calendar
budgeting survey using the identified projects as options for prioritizing the allocation of funds.
Responsible Staff Member(s): Hilary Roverud, Assistant City Manager Item 15- Executive Summary.pdf
01-Staff Report
02-Participatory Budget Project List
Requested Action / Suggested Motions: Pass a Motion to hold first reading (by title only) of an Ordinance (Replacing Ordinance 2019-1131) Designating Very High Fire Severity Zones, and refer second reading and adoption to the May 21, 2024, meeting.
Responsible Staff Member(s): Kim George, Fire Marshal and Jim Drennan, Fire Chief Item 16- Executive Summary.pdf
01-Staff Report - Fire Safety Zone Ordinance.docx
02-Ordinance - Fire Zones.docx
03 - Fire Severity Map (Exh. A to Ordinance).docx
Requested Action / Suggested Motions: Pass a Resolution recognizing June as "Pride Month" within the City of South Lake Tahoe.
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 17- Executive Summary.pdf
01-Staff Report - June Pride Month.docx
02-Resolution Recognizing June as Pride Month in the City of South Lake Tahoe.docx 03-Sample Flag
Requested Action / Suggested Motions: Either: (1) Pass a motion requesting an Elections Code section 9212 report for the Vacancy Tax Citizens Initiative to be presented at the June 18 City Council meeting to cover its fiscal impact, its effect on the use of land, availability of housing, and ability of the City to meet its regional housing needs, and its impact on funding for infrastructure including transportation infrastructure, contingent upon the City Clerk certifying the sufficiency of the petition; or (2) Pass a motion directing staff not to prepare such a report.
Responsible Staff Member(s): Heather Stroud, City Attorney, and Olga Tikhomirova, Director of Finance
Item 18- Executive Summary.pdf
01-Staff Report-Elections Code 9212 Report.docx
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 - 05 02 2024.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions
Adjournment
6 I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday May 7, 2024, City Council meeting was posted and available for review on Thursday, May 2, 2024, at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City website at https://www.cityofslt.us.Signed May 2, 2024 \\sb\\ Susan Blankenship, Elected City Clerk
7 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: May 7, 2024
Agenda Item #:1
Agenda Item: Proclamation Recognizing May 2024 as "Mental Health Awareness Month" Executive Summary: At their April 23, 2024, meeting, City Council provided consensus to issue a proclamation recognizing May 2024 as "Mental Health Awareness Month".
Requested Action / Suggested Motions: Issue a Proclamation to Barton Health recognizing May 2024 as "Mental Health Awareness Month".
Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
Proclamation - May 2024 Mental Health Awareness Month.docx 8 City of South Lake Tahoe
Proclamation
Recognizing May 2024 as
“Mental Health Awareness Month”
Mental Health Awareness Month: May 1-31, 2024
“Each Mind Matters”
California’s Mental Health Movement and
Mental Health America’s National Mental Health Awareness Month Whereas, mental health is essential to everyone’s overall health and well-being; and Whereas, all Americans experience times of difficulty and stress in their lives; and Whereas, prevention is an effective way to reduce the burden of mental health conditions; and
Whereas, there is a strong body of research that supports specific tools that all Americans can use to better handle challenges, and protect their health and well-being; and
Whereas, mental health conditions are real and prevalent in our nation; and Whereas, with early and effective treatment, those individuals with mental health conditions can recover and lead full, productive lives; and Whereas, each business, school, government agency, healthcare provider, organization and citizen shares the burden of mental health problems and has a responsibility to promote mental wellness and support prevention efforts.
Therefore, the City Council of the City of South Lake Tahoe hereby proclaim May 2024 as “Mental Health Awareness Month” and call upon the citizens, government agencies, public and private institutions, businesses and schools around Lake Tahoe’s South Shore to recommit our community to increasing awareness and understanding of mental health, share steps our citizens can take to protect their mental health, and express the need for appropriate and accessible services for all people with mental health conditions.
Because every mind matters.
_____________________ __________________________
Cody Bass, Mayor Susan Blankenship, City Clerk
9 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: May 7, 2024
Agenda Item #:2
Agenda Item: Proclamation Recognizing May 2024 as "National Military Appreciation Month" Executive Summary: At their January 9, 2024, meeting, City Council provided consensus to bring back a proclamation recognizing May as "National Military Appreciation Month".
Requested Action / Suggested Motions: Issue a Proclamation to the Naval Air Station Fallon, recognizing May 2024 as "National Military Appreciation Month".
Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
Proclamation - Recognizing May 2024 as National Military Appreciation Month.pdf 10 City of South Lake Tahoe
Proclamation
Recognizing May 2024 as
“National Military Appreciation Month”
Whereas, in 1999 Senator John McCain introduced legislation to designate the month of May as National Military Appreciation Month and both the Senate and House of Representatives adopted resolutions calling for Americans to recognize and honor U.S. Service Members during National Military Appreciation Month; and Whereas, National Military Appreciation Month is celebrated every May and is a declaration that encourages U.S. citizens to observe the month in a symbol of unity; and
Whereas, National Military Appreciation Month honors the current and former members of the U.S. Armed Forces, including those who have died in the pursuit of freedom; and
Whereas, Naval Air Station Fallon is the premier tactical air warfare training center, which includes TOPGUN, the Carrier Airborne Early Warning Weapons School and the Navy Rotary Wing Weapons School. These schools and training are crucial to the defense of the United States and other nations with military ties; and Whereas, the month of May is characterized by six national observances which highlight the contributions of those who have served – Loyalty Day on May 1; Public Service Recognition Week on May 3-9; Victory Day in Europe (V-E Day) on May 8; Military Spouse Appreciation Day on May 8; Armed Forces Day on May 16; and, Memorial Day on May 25.
Now, therefore, the City Council of the City of South Lake Tahoe does herby proclaim May 2024 as “National Military Appreciation Month”, and encourage all citizens to recognize the services of the Naval Air Station Fallon and all current and former military personnel and to take part in all national observances. _____________________ __________________________
Cody Bass, Mayor Susan Blankenship, City Clerk
11 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: May 7, 2024
Agenda Item #:3
Agenda Item: Proclamation Recognizing May 2024 as "Building Safety Month" Executive Summary: At their April 23, 2024, meeting, City Council provided consensus to issue a proclamation recognizing May 2024 as "Building Safety Month".
Requested Action / Suggested Motions: Issue a Proclamation to the City's Building Department recognizing May 2024 as "Building Safety Month"
Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
Proclamation - Recognizing May 2024 as Building Safety Month.pdf 12 City of South Lake Tahoe
Proclamation
Recognizing May 2024 as
“Building Safety Month”
Whereas, the City of South Lake Taheo is committed to recognizing that our growth and strength depends on the safety and essential role our homes, buildings and infrastructure play, both in everyday life and when disasters strike, and;
Whereas, our confidence in the resilience of these buildings that make up our community is achieved through the devotion of vigilant guardians––building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers, plumbers and others in the construction industry––who work year-round to ensure the safe construction of buildings, and; Whereas, these guardians are dedicated members of the International Code Council, a nonprofit that brings together local, state, territorial, tribal and federal officials who are experts in the built environment to create and implement the highest-quality codes to protect us in the buildings where we live, learn, work and play, and;
Whereas, these modern building codes include safeguards to protect the public from hazards such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes, and; Whereas, Building Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities’ largely unknown protectors of public safety––our local code officials––who assure us of safe, sustainable and affordable buildings that are essential to our prosperity, and;
Whereas, “Mission Possible,” the theme for Building Safety Month 2024, encourages us all to raise awareness about building safety on a personal, local and global scale, and; Whereas, each year, in observance of Building Safety Month, people all over the world are asked to consider the commitment to improve building safety, resilience and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property.
Now, therefore, The City Council of the City of South Laker Tahoe do hereby proclaim the month of May 2024 as Building Safety Month and encourage our citizens to join us as we participate in Building Safety Month activities.
_____________________ __________________________
Cody Bass, Mayor Susan Blankenship, City Clerk
13 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: May 7, 2024
Agenda Item #:4
Agenda Item: City Council Meeting Minutes
Executive Summary: City Council is asked to formally approve the April 23, 2024 Regular City Council meeting minutes.
Requested Action / Suggested Motions: Pass a Motion to approve the April 23, 2024 Regular City Council meeting minutes.
Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
04 23 2024 Meeting Minutes.pdf
14 04 23 2024 CC Minutes
City of South Lake Tahoe
City Council
Meeting Minutes
Tuesday, April 23, 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
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.
Land Acknowledgement
Mayor Bass read the Washoe Tribe of Nevada and California Land Acknowledgement.
Roll Call
Present were Mayor Bass, and Councilmembers Creegan, Wallace, and Robbins.
Mayor Pro Tem Friedrich was absent due to a family emegency.
Also present were City Manager Irvin, City Attorney Stroud, and City Clerk Blankenship.
Closed Session Report- April 23, 2024
1. Employee Performance Evaluations – Government Code section 54957(b)(1).
Title: City Manager and City Attorney.
Action: No reportable action.
2. Conference with Legal Counsel – Existing Litigation – Government Code section 54956.9(d)(1).
Case: Travis Cabral v. City of South Lake Tahoe, Workers’ Compensation Appeals Board Case Nos. ADJ1552473 and ADJ16137538.
Action: No reportable action.
3. Conference with Real Property Negotiator. Gov. Code section 54968.8.
Property: Acquisition of a portion of 2111 Lake Tahoe Boulevard (APN 023-201-072 and a 1.01- acre portion of APN 023-201-053)
Agency negotiators: Joseph Irvin, City Manager and Anush Nejad, Public Works Director Negotiating party: Joel Frank, CBRE, representing BMO Bank National Association.
Under negotiation: Price and terms of payment.
Action: No reportable action.
15 04 23 2024 CC Minutes
Proclamations
1. Issued a Proclamation to Live Violence Free recognizing April 2024 as "Sexual Assault Awareness Month
Public Communications
Public Comment was heard from the following people:
1. John Messina- Birth of Nation Committee *written material distributed
2. Jim Vandusin- Residential Vacancy Tax (Oppose)
3. No name provided- visiting new restaurants from Mayor Bass’ Op Ed
4. Keith Roberts- Councilmember Robbins’ conduct, declaration of candidacy in 2026 City Council Election cycle
5. Juan Chavez- Residential vacancy Tax (Support)
6. Seth Dallob- Disapproval of Councilmember Robbins’ conduct of deleting social media posts
7. Nick Speal, Locals for Affordable Housing- Residential Vacancy Tax filed with 2,471 signatures
8. No name provided- Residential Vacancy Tax (Oppose)
9. Kenney Curtzweiler- Residential Vacancy Tax (Oppose)
10. Dan May- Residential Vacancy Tax (Support)
11. Alex Grebalf- Residential Vacancy tax (Oppose)
12. Rickay Harris- Residential Vacancy Tax (Oppose)
13. Scott Loberg- City road repairs and vacant commercial buildings on Hwy 50
14. Eric Asberry- Residential Vacancy Tax (Oppose)
15. Tod Johnson- Residential Vacancy Tax (Oppose)
16. Doug Fari- Residential Vacancy Tax (Oppose)
17. Stacey Ballard- Thank you to City staff and Councilmembers for joining ADA Wheelchair experience
18. Judi Allen- Residential Vacancy Tax (Oppose)
Written Public Comment was received from the following person:
1. Walter Pinniped- Councilmember Wallace
2. Rudolph Del Real- Residential Vacancy Tax (oppose)
Note: Mayor Bass noted that Item 17 would be moved to the first item after Consent.
City Commission Reports
1. Commissioner Ramirez-Thomas- Parks and Recreation Commission verbal report.
Consent Agenda
Note: Item 12 was pulled from consent by Councilmember Robbins Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Creegan, Wallace, Robbins
Absent: Friedrich
Action: Passed consent agenda.
2. City Council Meeting Minutes
Action: Passed Motion 2024-041 approving the March 26, 2024 City Council meeting minutes.
3. Ratification of Contract Amendment No. 6 with Jviation for Engineering Services and Construction Management for Pavement Maintenance
Action: Passed Resolution 2024-043 authorizing and directing the Mayor to execute Ratification of Amendment No. 6 to Professional Services Agreement (C-070-2024) with Jviation in an amount not to exceed $192,115.40 for design and construction management work on the Pavement Maintenance Rehabilitation Project.
16 04 23 2024 CC Minutes
4. Purchase Order with Lehr for Electronics, Equipment, and Installation in Three Police Vehicles Action: Passed Motion 2024-042 authorizing the Chief of Police or their designee to issue a Purchase Order (C-071-2024) for the purchase of police vehicle electronics, equipment, and installation from Lehr using existing budget appropriations up to $106,339.47.
5. Transfer of Surplus Police Radios to El Dorado County Sheriff's Office Action: Passed Resolution 2024-044 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.
6. 2024 Memorandum of Understanding with Lake Tahoe Unified School District to Fund the Park Ranger Coordinator Program
Action: Passed Resolution 2024-045 authorizing and directing the Mayor to execute a 2024 Memorandum of Understanding (MOU) with the Lake Tahoe Unified School District (C-072-2024) 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.
7. Public Works Department Annual Report 2023
Action: Received and Filed.
8. Ordinance - Prezoning and Amendment of City Code Chapter 6.55, Article II (Plan Area Maps and Statements) for Cleanup Annexation Scenario (Second Reading) Action: : Passed ORD 2024-1185 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)
Written Public Comment was received from the following person:
1. Judi Allen
9. Ratification of Amendment No.1 to the Agreement with BPR Consulting for Building Permit Reviews for the Multi-Generational Recreational and Aquatic Center Project Action: Passed Motion 2024-043 authorizing and directing the Mayor to execute Ratification of Amendment No. 1 to Agreement with BPR Consulting Group (C-073-2024) 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
10. Drainage Easement Acquisition at 3740 Blackwood Road for the Upper Bijou Park Creek Watershed Restoration Project
Action: Passed Resolution 2024-046 authorizing and directing the Mayor to execute the Purchase Agreement with Heavenly Estates MHC LLC (C-074-2024) 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
11. Authorization to Accept and Appropriate the $800,000 California Tahoe Conservancy Planning Grant for the Dennis Machida Memorial Greenway Trail Phase 1C Action: Passed Resolution 2024-047 accepting and appropriating a California Tahoe Conservancy Planning Grant (C-075-2024) 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
17 04 23 2024 CC Minutes
12. Quarterly Update on the Affordable Housing Waitlist Action: Received and Filed.
13. Agreement with Eide Bailly, LLP for Independent Audit Services for Fiscal Years 2023- 2024 through 2025-2026 with Two Optional One-Year Extensions Action: Pass a Motion 2024-044 authorizing and directing the Mayor to execute the agreement with Eide Bailly (C-076-2024) 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.
Regular-New Business
17. Local Minimum Wage
Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Creegan, Wallace
No: Robbins
Absent: Friedrich
Action: Passed Motion 2024-045 directing the City Manager to take no action related to establishing a local minimum wage.
Public Comment was heard from the following people:
1. Steve Teshara, Keep Community First Coalition, Tahoe Chamber (Oppose)
2. May Riffle, The Hanger (Oppose)
3. Barbara Breeney, Side Street Boutique (Oppose)
4. No Name Provided (Oppose)
5. No Name Provided (Oppose)
6. Debbie Brown, Cold Water Brewery (Oppose)
7. Brendan Turion, Lake Tahoe Pizza Company (Oppose)
8. Sandra Santane, Cuppa Tahoe (Oppose)
9. Kelley Gardner, Red Hut Café (Oppose)
10. Danny Scott, Azul and Base Camp Pizza (Oppose)
11. Tamoogin *written material distributed (Oppose)
12. John Messina (Oppose)
13. Mac Miller, STMS (Oppose)
14. Gianna Yvinny, Blue Granite Climbing Gym (Oppose)
15. Bryce Buricky, Riva Grill (Oppose)
16. Jack (Support)
17. John Evans, Cold Stone Creamery (Oppose)
18. Juan Chavez (Explore Options)
19. Don Havern, Chicken in a Barrel (Oppose)
20. Connor McKeen, The Woods (Oppose)
21. Alex Grebalf (Oppose)
22. Dan May (Oppose)
23. Natalie Yanish (Explore Options)
24. Jerry Bindel, Keep Community First Coalition, South Tahoe Lodging Association (Oppose)
25. Seth Dallob (Oppose)
26. Laureen Sanchez, Burger Lounge (Oppose)
27. Casey Colter, Fire and Ice (Oppose)
28. Pete Joseph, McP’s Tap House (Oppose)
29. Sharron Kerrigan, South Tahoe Association of Realtors (Oppose)
30. Rosemary Wood, Pacific Crest Valley (Oppose)
31. Duane Wallace, South Tahoe Chamber of Commerce (Oppose) 18 04 23 2024 CC Minutes
32. No name provided (No position stated)
33. Keith Roberts (Oppose)
34. Aorie (Oppose)
35. Scott Loberg (Oppose)
36. Jan Mcarthy, Stardust Lodge, Americana Village (Oppose)
37. Ed Mosur (Oppose)
38. Geoff (Oppose)
39. Kelly Brosch (Oppose)
40. Brett Richardson (Oppose)
41. Nicole Smith, South Lake Brewing Company (Oppose)
42. Stu Roberson, RNR Vacation Rentals (Oppose)
43. Dustin Johnson, Tahoe Rock Shop (Oppose)
Written Public Comment was received from the following people:
1. Tyler Cannon, Sprouts Café (Oppose)
2. Cindy Rawlings, Pirate Treasures (Oppose)
3. Candi Christ, Sock City (Oppose)
4. David Jinkens (Oppose)
5. Mike McKeen (Oppose)
6. Terri Jinkens (Oppose
7. Steve Teshara, Tahoe Chamber (Oppose)
8. Duane Wallace, South Tahoe Chamber of Commerce (Oppose)
9. Scott Robbins (Support) *Distributed written material prior to meeting Public Hearing
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 Mixed-Use
Action: Moved/ Seconded: Wallace/Creegan
Yes: Bass, Creegan, Wallace
No: Robbins
Absent: Friedrich
Action: Passed Resolution 2024-048 adopting the proposed Tourist Core Area Plan/Specific Plan Amendments and adopting the Initial Study/Mitigated Negative Declaration.
The following people addressed the Council:
1. Nick Exline, Exline Company *PPT diistributed
2. Michael Wishmeyer, Contractor
Public Comment was heard from the following people:
1. Scott Loberg
2. Seth Dallob
3. Ed Mosur
4. Juan Chavez
5. Gavin Feiger, League to Save Lake Tahoe
6. Nick Speal
Written Public Comment was received from the following person:
4. Darcie Collins, League to Save Lake Tahoe
19 04 23 2024 CC Minutes
Regular- Unfinished Business
15. Update on Parking Restrictions in Heavenly Valley Neighborhoods, Heavenly Parking Agreement and Heavenly Area Annexation
Note: City Manager Irvin recused himself due to real property interest and left the meeting.
Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Creegan, Wallace, Robbins
Absent: Friedrich
Action: Passed Resolution 2024-049 replacing Resolution 2023-104 to amend the seasonal or permanent no parking restrictions on certain streets in the Heavenly Valley Neighborhood. City Council provided direction to bring back items terminating the parking agreement with Heavenly, and options for parking management of Ski Run Boulevard.
Public Comment was heard from the following people:
1. Scott Loberg
2. Juan Chavez
16. Chateau at the Village Project Update and Appropriation of Funds for Economic Development and Real Estate Consultant Services
Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Creegan, Wallace, Robbins
Absent: Friedrich
Action: Passed Resolution 2024-050 appropriating $100,000 from available General Fund Undesignated Excess Reserves for the purpose of funding economic development and real estate consulting services with an add/alternate for the Sunray motel.
Public Comment was heard from the following people:
1. Scott Loberg
2. Seth Dallob
3. Ed Mosur
Written Public Comment was received from the following person:
1. Lewis Feldman, Imperium Blue
Regular-New Business
18. Motel 6 and Sunray Motel Update
Note: This item has been moved to the May 7, 2024 City Council meeting.
Written Public Comment was received from the following person:
1. David Jinkens
Agenda Planning Calendar
19. Agenda Planning Calendar
Action: Received and filed.
Updates and Announcements (City Attorney, City Clerk, City Manager) City Clerk Blankenship
1. Proclamation request for “Building Safety Month “from City staff (Council provided consensus)
2. Proclamation request for “Mental health Awareness Month” from Barton Health (Council provided consensus)
3. Proclamation request for “Child Abuse Awareness Month” (Council provided consensus)
4. Proclamation request “Boat Safety Month” from Bruce Martin (Council provided consensus)
5. Residential Vacancy Tax petition submitted 2,471 signatures; El Dorado County will be reviewing them for validity
20 04 23 2024 CC Minutes
Councilmember Reports and Comments
Councilmember Creegan
1. Attended Mental Health Subcommittee
2. Attended Fire Engine Wet Down Ceremony
Mayor Bass
1. Attended Mental Health Subcommittee
Adjournment
At 10:20 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.
21 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: May 7, 2024
Agenda Item #:5
Agenda Item: Purchase of Two Street Sweepers from BP Loader Corporation for $962,756 and One Park Sweeper from Belkorp AG for $70,323
Executive Summary: The mission of the City of South Lake Tahoe Public Works and Parks Department is to operate and maintain the transportation network and parks grounds while ensuring that the network functions and facilities are operating safely and efficiently, in compliance with all environmental and regulatory requirements. The City has been investing in replacing outdated equipment to improve and enhance operations and provide better service to the public. The City currently operates two street sweepers close to the end of life. Staff recommends purchasing two new street sweepers to comply with sand and debris collection, environmental regulations, and keeping the City clean. This equipment will be equipped with GPS units, and a real-time map will now be available to the residents to see the progress of the street sweeping. In addition, the Parks and Recreation Department needs a sweeper for grounds and park maintenance.
Requested Action / Suggested Motions: Pass a Resolution accepting TRPA O&M and Air Quality Mitigation funds for $481,378.41, appropriating $75,379 in Measure S and $29,983 in General Fund Undesignated Excess Reserves, and authorizing the City Manager to purchase two (2) XBROOM from BP Loader Corporation for $962,756.83, through Sourcewell Cooperative Agreements, per South Lake Tahoe City Code section 3.45.090 (Cooperative Purchasing) and one (1) Sweepstar 60 from Belkorp AG for $70,323.32.
Responsible Staff Member: Anush Nejad, Director of Public Works, John Stark, Director of Parks and Recreation, and Phil Harwood, Maintenance Manager
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01 - Staff Report - Sweepers Purchase.docx
02 - PB Loader Xbroom.pdf
03 - Planetbid BidSummary.pdf
04 - SWEEPSTAR 60 SPEC-1.pdf
05 - TRPA Budget Appropriations for Street Sweepers.pdf 06 - Resolution- Funding for Sweepers.docx
22 Council Agenda Report May 7, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: May 7, 2024
Title: Purchase of Two Street Sweepers and One Park Sweeper for the Public Works and Parks Departments
Location: Citywide
Responsible Staff Members: Anush Nejad, Director of Public Works, John Stark, Director of Parks and Recreation, and Phil Harwood, Fleet Supervisor Background: The mission of the City of South Lake Tahoe Public Works and Parks Department is to operate and maintain the transportation network and parks grounds while ensuring that the network functions and facilities are operating safely and efficiently, in compliance with all environmental and regulatory requirements. The city has been investing in replacing outdated equipment to improve and enhance operations and provide better service to the public. The city currently operates two street sweepers close to the end of life. Staff recommends purchasing two new street sweepers to comply with sand and debris collection, environmental regulations, and keeping the city clean. This equipment will be equipped with GPS units, and a real-time map will now be available to the residents to see the progress of the street sweeping. In addition, the parks department needs a sweeper for grounds and park maintenance.
Issue and Discussion: Staff is recommending the purchase of the following equipment:
Two (2) X-Broom Street Sweepers for citywide sand and debris removal from BP Loader Corporation of Fresno, CA, for $962,756.83. The city will purchase the street sweepers through the Sourcewell Cooperative Agreement, per City SLTCC § 3.45.090 See Attachment 02 for technical specifications and quote.
One (1) Sweepstar 60 for citywide park maintenance. The city advertised through Planetbids and received one bid from Belkorp AG of Modesto, California, for $70,323.32.
See Attachment 03 for PlanetBids bid details and Attachment 04 for technical specifications.
Financial Implications: The city has requested and received approval from TRPA to allocate $481,378.41 in O&M and Air Quality mitigation funds for the street sweepers. (See Attachment 05). In addition, the City Council approved $406,000 in Measure S funds for the street sweepers and $40,340.71 in General funds for the parks sweeper with the 2024 mid-year budget.
The final price quote for both equipment has increased and requires an additional $75,378.41 in Measure S for the street sweepers and $29,982.61 in General Funds for the park sweeper. The extra cost for the street sweeper is due to the new California Carbon regulations. Below is a summary of the financial details for this procurement:
23 Council Agenda Report May 7, 2024 Page 2 of 2
Equipment Current
Funding
Allocation
Additional
Funding
Required
Funding
Source
Account Number
Street Sweeper
$406,000 $75,378.41 Measure S 210-03010-46130
$481,378.41 -
TRPA O&M &
Air Quality
Mitigation Funds
Transfer to
210-03010-46130
Parks Sweeper $40,340.71 $29,982.61 General Funds 100-04170-46110 Environmental Considerations: This purchase is not a "project" subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies).
Policy Implications: The equipment purchase will address environmental issues, remove debris and sand throughout the city, and support the parks department in grounds and park maintenance.
The vehicle and equipment contemplated herein will be purchased through a Cooperative Purchasing Contract. City Code Section 3.45.090 allows for Cooperative Purchasing: "Where another governmental agency performs a solicitation and bid process for the City and multiple agencies or jurisdictions, and where the purchase of materials, supplies, and equipment is based on an agreement or cooperative purchasing program under authority granted by statute or ordinance, under a contractual arrangement between the City and said the governmental agency, or under a determination by the city manager that the governmental agency conducted a competitive bidding process, the City may purchase materials, supplies, and equipment based upon the governmental agency's solicitation and bid process without complying with the bidding requirements of this chapter."
24 High Production, Efficient Pickup Broom
• Extra Large Hopper (5 Yards Net)
• PLC Computer Controlled, 12” Touch Screen
• 300+ HP high-torque engines
• Operates all brooms at Engine Idle.
• High-Efficiency triple pump Hydraulic System
• Dual Operator stations
• Fast, Space saving Hopper Lift System
• Many Maintenance saving features
Nescon
PM10
Certified
Innovative Products for the road building and maintenance industry. www.kellarequipment.com
(909) 312-1669 25
X-Broom by Nescon
The X-Broom pickup broom was designed for heavy duty,
high production sweeping. The broom is ideal for cleanup behind milling or chipping operations. The extra large
hopper capacity means more time sweeping and less time
looking for a place to dump. The high efficiency hydraulic system and the high torque engine enable the broom to
sweep at engine idle, minimizing brake riding. The unique lift system can dump faster and higher and leaves the center of the truck wide open for maintenance. The PLC control system fully automates the sweeping process enabling
the operator to concentrate on driving and traffic. The broom was designed for easy access to all components for maintenance. All broom components are powder coated to
stand up to harsh environments.
Truck Chassis
The X-Broom can be built with either an International
4400 chassis or a Freightliner M2 chassis. The
International comes with a 310 HP, 950 Ft-lb torque
Maxforce 9 engine. The Freightliner comes with a 300
HP, 860 Ft-lb torque Cummins engine. Both meet 2010
emissions. Both chassis have 50 gallon fuel tanks,
Allison transmissions, power and heated mirrors,
dual steering and controls, Air Ride suspension, for a
smooth ride, and 23,000 lb 2-speed rear axle.
Water System
The water system consists of two electric pumps. One
pump is sufficient for PM-10 operations. The second pump can be selected with the “Max” water function on the touch screen, and is available for a backup. The operator can select an “Economy” mode on the PLC for low water use or the “Max” mode for dry sweeping conditions. The standard water tank is 300 gallons and there is a water level gauge display with a low level alarm. The pumps can run dry
without damage. A front spray bar is standard along with 3 spray tips on each gutter broom and a spray bar in front of the main broom. The system pumps and tips are designed
for misting, (smaller drop size), doing a better job knocking down dust while minimizing water use. The spray bar
valves and pumps are automatically controlled.
26 Elevator System
The elevator is a drag slat type conveyor. Unique features include a longer, steeper design with 14 bucket type slats with replaceable rubber squeegee flights, polyurethane
shaft sprockets, and dual roller chain. The elevator is driven with a hydraulic motor directly mounted to the elevator head shaft. There are no drive chains or sprockets to wear out and replace. There is a standard jam indicator that alerts the operator if there is a blockage. The speed of the conveyor is easily adjusted without tools and the RPM is displayed on the touch screen. The motor can be reversed in case of a jam. The elevator sweeping height is able to be raised and lowered from the cab. The sweeping height can be set into the PLC and this height will be repeated each time the elevator is lowered to sweep. The elevator is tilted back with two hydraulic cylinders.
With hopper raised, all frame components are very
accessible.
Gutter Brooms
The gutter brooms are a full floating, trailing arm, air-bag suspended design. The gutter broom speed is variable and the down pressure is adjusted from the cab. Both brooms are reversible. The extension of the gutter brooms is with pneumatic cylinders and the width is infinitely adjustable.
The steel broom disc protects from curb strikes and has mounting holes for either 4 or 5 segment replaceable gutter brooms. Each gutter broom has standard hydraulic tilting left or right from the cab. No failure prone electric actuators.
The gutter brooms are suspended with an air bag and the linkage joints are all sealed ball bearings. This very low friction design allows for the ability to sweep with extremely light down pressure, greatly extending broom life. There is also a remote extension device for cul-de-sacs.
Main Broom
The main broom is 60” wide with replaceable poly or steel wafers. The suspension of the broom is operated with air cylinders and the down pressure is adjusted by individual left and right side precision regulators. The operator can select a low, medium, or high sweeping down pressure
on the touchscreen. The computer will adjust the down
pressure of the left and right sides of the broom. This will maintain even wear, eliminating broom coning. Broom
adjustments are much easier with this system than the
springs, chains, and adjustment bolts of other systems.
The air suspension will automatically compensate as the broom wears. The broom drive is with a floating hydraulic motor rigidly coupled to the 2” broom shaft. This eliminates the wear and replacement of drive chains and sprockets.
Bearings are sealed, self-aligning, 2-bolt pillow blocks for quick broom changes.
27 Control System
The control used on the X-Broom is an industrial grade
Programmable Logic Controller (PLC) with a 12” touchscreen display panel. All functions of the broom are controlled by the PLC. This enables fully automatic operation of the sweeping functions. The operator just touches a “GO” button and the PLC activates all the functions needed to sweep. This involves starting, lowering, and extending the gutter brooms, starting the elevator and lowering to the desired height, lowering the skid shoes and main broom and starting the broom motor, opening the water spray valves and starting the water pump(s). The PLC always monitors the position of the elevator, insuring that it is fully forward before starting. It also monitors the hydraulic temperature and level and will flash a warning on the display to alert the operator. The PLC will automatically raise all brooms if the transmission is placed in reverse. There is a “Pause” button that will stop the brooms, elevator, and water sprays but leave the brooms down if the sweeper has to stop for traffic. The “STOP” button will stop and raise all brooms, stop and raise the elevator, and turn off the water sprays and pumps. The elevator can be programmed to continue to run for up to 6 seconds to empty out.
With total automatic operation, the operator can concentrate on driving and traffic rather than making sure all the right switches are on.
The compact size of the touchscreen control panel
leaves more space available in the cab versus the
huge consoles of other brands.
The operator selects ON WITH
MASTER if they want the left
gutter broom to run during
sweeping operation.
The operator selects ON WITH
MASTER if they want the right
gutter broom to run during
sweeping operation.
ALARM WINDOW
Notification area for
any alarm condition
such as: elevator jam,
low water, or hydraulics
issue
The operator selects OFF,
ON WITH MASTER or
ON ALWAYS to control the
front spray bar.
Buttons to navigate
to other screens.
Water tank level.
Buttons to tilt gutter
broom left or right.
The operator selects OFF,
ON WITH GB (Gutter Broom)
or ON WITH MASTER
to control the left
gutter broom spray.
Button to activate
hydraulic pumps.
Operator selects
PAUSE to stop the
brooms, elevator, and
water sprays without
lifting brooms for
momentary delays,
such as traffic.
Operator selects GO to commence
sweeping operation. The PLC will start
the gutter brooms selected above, the
water sprays selected above, the elevator,
and the main broom.
The operator can also use the joystick
to control the broom operation without
having to look at the screen.
Operator selects STOP
to stop all sweeping
operations, stop all water
sprays, and raise all brooms
and the elevator.
Operator sets value for
elevator sweeping height.
Buttons to manually raise
and lower elevator.
Display of elevator speed
in RPM.
Button to change the
joystick function from
BROOM CONTROL
to HOPPER CONTROL.
The operator selects
LEFT ARROW, RIGHT ARROW,
or BAR to flash the arrow board
on the back of machine.
The operator selects
ECONOMY or MAX water
spray modes.
28 The PLC has a separate hour meter for all
brooms, elevator, water pumps, hydraulic fan,
PTO, and how many revolutions of the elevator
head shaft. The PLC also keeps a count on how
many times the hopper has dumped. This lets
you track broom wear to actual operating hours
of the individual broom.
There is a screen for Manual
Operation of each component for
testing and diagnostics. The buttons
also give a visual indication of what
is “on” and the status of each limit
switch. The PLC greatly simplifies
the wiring to the valves and solenoids
on the broom.
The hopper dumping functions are controlled with a
joystick on the front panel. When the hopper is full, the operator will push a button on the touchscreen to enable the joystick to control the hopper dumping.
When the joystick is moved up to raise the hopper, the
PLC will tilt the elevator back and insure that the elevator is clear before raising the hopper. The operator can then use the joystick to raise and dump the hopper without
having to look at the screen. After lowering the hopper, the PLC will insure that the hopper is clear and then tilt the elevator forward into the hopper.
29 Hydraulic System
The broom uses three separate hydraulic
pumps. One pump runs the gutter brooms,
one runs the elevator, and one runs the main
broom. Each pump is a load sensing, pressure
compensated, variable volume piston pump.
This is much more efficient than using only one
pump like most other sweepers. With only one
pressure compensated pump, every function
operates at the highest pressure needed for any
single function. This causes higher horsepower
and excess heating of the hydraulic fluid. With
three pumps, each pump only operates at the
minimum pressure needed to carry the load.
The lower horsepower required saves fuel and
does not require the engine to operate above
idle. The hydraulic system runs much cooler
than other single pump designs.
The 40 gallon hydraulic tank is mounted directly behind the cab, high on the left side. This keeps the tank away from the dirt and provides better suction flow to the pumps. There is a large in-tank return filter, glass sight level with a thermometer, and an in-tank float and over-temperature switch for operator warning indicators. Every hose has a female JIC swivel on both ends, making replacement, if necessary, easier.
There are two valve manifolds mounted close to their
functions. This puts the valves very close to the motors and cylinders minimizing the hose lengths. Notice the open
access to the hydraulics and other functions provided by the large horizontal door.
30 Arrow Board
The X-Broom comes standard with high intensity arrows
mounted integrally with the back housing. The arrows are made up of 13 - 24 LED sealed lights. The operator can
select either a left arrow, right arrow, horizontal bar, or both arrows on the touchscreen. The lights are dual intensity, long life, low power amber LEDs. The flash speed can be set by the operator on the touch screen.
Hopper –
Xtra Large
The X-Broom was designed to have the largest hopper
volume in its class. Total volume of 6 Cubic Yards with usable net capacity of 4.9 CY. The hopper net capacity
is at least twice as large as most high-lift sweepers. The elevator load point to the floor is 50 inches. Compare this to 24 inches of most other sweepers. This enables the broom to spend more time sweeping than dumping. The hopper is much larger because of not having a scissor lift underneath taking up half the volume available and the longer elevator loads the hopper from a higher level. The hopper has
a large 42” long discharge door to dump the load in the center of a truck. The door has dual hydraulic cylinders and can be dumped from any height. Hopper loading can
be viewed from the cab window or an access door on the
left side. The hopper floor is a formed 3/16” plate for extra strength, and the hopper is treated inside and out with two coats of powder coat for long life.
Lift System
Unique two-stage vertical mast enables a larger volume
hopper and completely open truck frame for
maintenance and cleaning. With the mast directly behind the cab, the hopper can extend down to the frame. The 19” of vertical height used on other manufacturer’s scissor lifts is used for extra hopper volume. All moving parts roll on sealed bearings with no bushings or sliding blocks to wear out. The hopper is lifted to a height of 12’-6” and the lift capacity is 15,000 pounds.
Note the accessibility for maintenance and
cleaning with hopper raised.
Optionally, you can get a DOT approved arrow board that is made up of 25 4” LED lights. The overall size of the arrow board is 60” wide by 30” tall. The patterns available are left or right sequential chevrons, left or right flashing arrows or bar, and alternating diamonds.
31 Specification Sheet
Hopper
Type: High lift, right side dump
Capacity: 6 Cy total, 4.9CY Net
Dump height: variable to 150”
Lift capacity: 15,000lbs
Lift type: 2-stage vertical mast
Max dump angle 50 degrees
Dump controls Joystick or touch screen
Lift time to max ht 15 seconds
Hydraulic System
Type 3 variable volume piston pumps
Load sensing, pressure compensated
Drive By truck engine through
transmission mounted PTO
Pump capacity 12 GPM each (36 total) at
engine idle. 96 GPM max.
Tank capacity 40 gallons, mounted high behind cab
Filtration 10 micron in-tank
Cooler Thermostatically controlled fan
Gauges Site gauge/thermometer
Level float and high temp switches
for PLC alarms
Water Spray System
Tank Capacity 300 gallons polyethylene
Pumps Dual electric-one for PM-10
2nd pump used for max water flow
automatically controlled by PLC
Nozzles 3 fine mist spray tips on each
gutter broom
6 spray tips on front spray bar
5 spray tips in main broom housing
Filter 80 mesh
Fill Hydrant or water truck fill w/air gap
Paint Powder Coat, choice of colors
Electrical
Voltage 12 volts
Alternator 160 amp
Protection Circuit breakers, manual reset
Truck Chassis Int’l 4400 Freightliner M2
Durastar
Engine Maxforce 9 Cummins
HP 310 300
Torque 950 860
Wheelbase 138 138
Transmission Allison 3000 Allison 3500
Front Axle 10,000 12,000
Rear Axle 23,000 2-spd 23,000 2-spd
Suspension Air Ride Air Ride
GVW 33,000 33,000
Fuel Tank (Both) 50 gallons - mounted under cab
Main Broom
Diameter 36” (914mm)
Width 60” (1.52m)
Type Poly wafers
Suspension Pneumatic w/precision regulators.
Low, med, hi down pressure
controlled from cab. Automatically
adjust pressure throughout broom life.
Lift Pneumatic
Drive Variable speed hydraulic motor
Dedicated load sensing pump
insures constant speed
Direct drive (no chains)
Skid Shoes Double row carbide
Gutter Brooms
Type 4 or 5 segment wire fill
Tilt Hydraulic control from cab
Diameter 46”
Drive Variable speed hydraulic drive
Dedicated load sensing pump for
both gutter brooms
Rotation Both brooms reversible
Width Infinitely adjustable up to 140”
Down pressure Pneumatic from cab
Extension Pneumatic and retraction
Elevator
Type Dual roller chain drag slat
Sprockets Polyurethane
Squeegee 14 bucket type w/rubber wear strips
Drive Direct drive hydraulic motor
Dedicated load sensing pump
Speed Variable and reversible from cab
Lift Hydraulic
Bearings Self aligning, sealed, and shielded
Sweep height Adjustable from cab
Rotation alarm Standard, RPM display, Rotation
Counter
Controls
Industrial grade programmable
logic controller, (PLC)
12 inch touchscreen display panel
Joystick for hopper dump
Options
Cab Beacon / Strobe
Automatic Lubrication
Aluminum Wheels
Warantee
The Nescon X-Broom is warranted against
defects due to faulty materials and or
workmanship for a period of 1 year or
1500 hours. The truck chassis warranty is
usually 2 years with extended
warranty available.
For inquiries and
pricing contact
Kellar Equipment
(909) 312-1669
kellarequipment.com
Nescon
www w
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480-423-7603
[email protected]
32 33
080521-PBL
Rev. 3/2021 1
Solicitation Number: RFP #080521
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and PB Loader Corporation, 5778 W. Barstow Ave., Fresno, CA 93722 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Roadway Maintenance Equipment from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires October 11, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
48 080521-PBL
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
49 080521-PBL
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
50 080521-PBL
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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell PB Loader Corporation
By: __________________________ By: __________________________ Jeremy Schwartz Jason Thompson
Title: Chief Procurement Officer Title: President
Date: ________________________ Date: ________________________ Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Bid Number: RFP 080521 Vendor Name: PB Loader Corporation
68 City of South Lake Tahoe
Purchase of Smithco sweep star 60 diesel (031824 Smithco), bidding on 04/01/2024 3:00 PM (PDT)
Printed 04/16/2024
PlanetBids
69 City of South Lake Tahoe
Purchase of Smithco sweep star 60 diesel (031824 Smithco), bidding on 04/01/2024 3:00 PM (PDT)
Printed 04/16/2024
PlanetBids
70 City of South Lake Tahoe
Purchase of Smithco sweep star 60 diesel (031824 Smithco), bidding on 04/01/2024 3:00 PM (PDT)
Printed 04/16/2024
PlanetBids
71 City of South Lake Tahoe
Purchase of Smithco sweep star 60 diesel (031824 Smithco), bidding on 04/01/2024 3:00 PM (PDT)
Printed 04/16/2024
PlanetBids
72 City of South Lake Tahoe
Purchase of Smithco sweep star 60 diesel (031824 Smithco), bidding on 04/01/2024 3:00 PM (PDT)
Printed 04/16/2024
PlanetBids
73 City of South Lake Tahoe
Purchase of Smithco sweep star 60 diesel (031824 Smithco), bidding on 04/01/2024 3:00 PM (PDT)
Printed 04/16/2024
PlanetBids
74 City of South Lake Tahoe
Purchase of Smithco sweep star 60 diesel (031824 Smithco), bidding on 04/01/2024 3:00 PM (PDT)
Printed 04/16/2024
PlanetBids
75 City of South Lake Tahoe
Purchase of Smithco sweep star 60 diesel (031824 Smithco), bidding on 04/01/2024 3:00 PM (PDT)
Printed 04/16/2024
PlanetBids
76 City of South Lake Tahoe
Purchase of Smithco sweep star 60 diesel (031824 Smithco), bidding on 04/01/2024 3:00 PM (PDT)
Printed 04/16/2024
PlanetBids
77 Smithco | 877.833.7648
SWEEPSTAR 60
Specifications
MODELS 76-000DB Sweep Star 60 Brush Reel (gasoline)
76-000DF Sweep Star 60 Finger Reel (gasoline)
77-100CB Sweep Star 60 Brush Reel (diesel)
77-100CF Sweep Star 60 Finger Reel (diesel)
POWER Gas – 31 hp (23 kW) twin-cylinder, OHV, air-cooled gasoline engine with double action air intake filtration. (Engine mounted plus remote cyclonic filtration system).
Diesel – 18.8 hp (14 kW) Kubota liquid-cooled three-cylinder diesel engine with remote mounted cyclonic filtration system.
CONFIGURATION Self contained, three-wheel, tri-cycle configuration with front steering, two rear drive wheels and rear mounted high lift debris hopper.
DEBRIS HOPPER Capacity -3 cubic yards (2.2 cu m)
Construction – 14 gauge steel formed panels
High capacity airflow openings at top and rear
Dump -Hydraulic raise / lower debris hopper to dump height to 6’4″ (1.9m) above the ground to dump debris into refuse container.
SWEEPER HEADS 60″ (153 cm) wide; belt-driven single rotating reel; adjustable sweeping height; follows terrain on dual caster wheel; (triple caster wheels optional) Choice of Rubber finger sweep reel with 116 flexible fingers (Models 76-000DF gasoline; 77- 100CF diesel) — or — Nylon bristle brush sweep reel (Models 76-000DB gasoline; 77-100CB diesel)
DRIVE Hydrostatic variable speed pump. Direct coupling to engine. Drives to two rear mounted Parker heavy duty/ high efficiency hydraulic drive motors. Single hydraulic traction pedal for forward and reverse drive.
SPEED Infinitely variable
Forward 0-10 mph (0-16 kph)
Reverse 0-3 mph (0-5 kph)
BRAKING Dynamic braking through the hydraulic drive system; manually operated disc type parking brake on rear wheels
BATTERY Automotive Type 24F, 12-volt (battery not included with ocean or air shipment) CONSTRUCTION Hydraulically formed, electrically welded heavy wall steel tubing. 78 Smithco | 877.833.7648
TIRES & WHEELS Front: (1) 18-9.50 x 8 Multi-ribs
Rear: (2)24-1300×12 Soft-trac
Casters (2) 9 x 3.5 x 4
STEERING Manual chain drive with 9.3:1 reduction, 15 in (38cm) diameter, soft grip automotive type steering wheel.
INSTRUMENTATION Hydraulic levers to lift/lower debris hopper, open/close debris hopper tailgate and raise/lower of sweeping mechanism head assembly. Hour meter and ammeter CONTROLS Single hydraulic traction pedal for forward and reverse Hand operated throttle control
SEAT High-back, single-piece construction. Adjustable operator position ELECTRICAL 12-volt, electronic key start
SOUND LEVEL MODEL 76-000 92 dbA
MODEL 77-100 98 dbA
DIMENSIONS Length: 127″ (323 cm); Width: 74.5″ (179 cm); Height: 82″ (208 cm) Wheel Base: 68.5 in (174 cm)
WEIGHT 2,200 lbs. (998 kg)
LIQUID CAPACITIES Gasoline: 6 gallons (22.7 liters) in high density nylon low-perm tank Diesel Fuel: 5 gallons (19 liters) in high density nylon low-perm tank No.1-D or No. 2-D, S500: Low Sulfur Diesel (LSD) less than 500 ppm or 0.05 wt.% No1-D or No.2-D, S15: Ultra Low Sulfur Diesel (ULSD) less than 15 ppm or 0.0015 wt.% Hydraulic fluid: 5 gallons (19 liters) in high density polyethylene tank SAFETY Rollover protection (ROPS) with seat belt Auto-deploy stabilizer when lifting debris hopper.
Fire proof fuel lines, hydraulic lines covered with abrasion and leak resistant tubes. Fire extinguisher. Complies with all applicable ANSI, OSHA and European Machinery Directive Standards.
OPTIONS 77-328 60″ Nylon Brush Head , 4 rows of 5″ bristles 76-329 60″ Rubber Finger Reel, 116 Flexible Rubber Fingers 76-271 Dust & Dirt Filtration Kit
79 OPERATIONS AND GOVERNANCE
COMMITTEE AGENDA ITEM NO. 4 &
CONSENT CALENDAR ITEM NO. 2
STAFF REPORT
Date: March 20, 2024
To: TRPA Governing Board
From: TRPA Staff
Subject: Release of City of South Lake Tahoe Operations & Maintenance (O&M) Mitigation Funds ($405,601.00) towards purchase of two XBroom Street Sweepers
________________________________________________________________________ Summary and Staff Recommendation:
Staff recommends that the Governing Board approve the City of South Lake Tahoe’s request, subject to the conditions cited below. The request is consistent with the Environmental Improvement Program and Regional Transportation Plan objectives, the TRPA Code of Ordinances, and the Governing Board’s policy guidelines for the release of mitigation funds.
Required Motion:
To approve the requested release, the Board must make the following motion:
1) A motion to approve the release subject to the conditions contained in this memorandum.
In order for the motion to pass, an affirmative vote of any eight Board members is required.
Table 1
Proposed Funding Release
EIP # PROJECT Fund Amount
01.01.01.0217 2 x XBroom Street Sweepers Purchase O&M $405,601.00 Total Funding Requested $405,601.00
Background:
The City of South Lake Tahoe is requesting $405,601.00 in Operations & Maintenance (O&M) Mitigation Funds towards the purchase of two new XBroom Street Sweepers. Sweeping city streets to reduce sediment on the road surface, and prevent fine particulates from being transported to Lake Tahoe, is critical to meeting TMDL pollutant load reductions. 80 OPERATIONS AND GOVERNANCE
COMMITTEE AGENDA ITEM NO. 4 &
CONSENT CALENDAR ITEM NO. 2
Funding Match:
Operations and maintenance fund releases require a 1:1 local funding match. For this request, the local match funding source is the City of South Lake Tahoe General Fund.
City of South Lake Tahoe – Local Funding Match
Mitigation Funds Local Match Total Budget
CSLT General Fund $405,601.00 $405,601.00
O&M Mitigation Funds $405,601.00 $405,601.00
Total $405,601.00 $405,601.00 $811,202.00
The unencumbered account balance for the Operations and Maintenance fund for the City of South Lake Tahoe, as of February 29, 2024, is $426,693.06, which is sufficient to cover this request.
Conditions:
Staff recommends approving the release of these funds subject to the following conditions of approval:
1. The City shall only use the funds for the project cited above and as approved by TRPA.
2. TRPA reserves the right to withhold funds to ensure project priorities, goals, and objectives are consistent with those of the Environmental Improvement Program and TRPA’s Regional Plan.
3. The City agrees to follow all laws, codes, and regulations adopted by federal, state, and local authorities/agencies.
4. The City agrees to maintain a report detailing the use and expenditure of all funds used on the project. These records shall be made available for review and audit by TRPA within thirty (30) calendar days upon written request.
5. All mitigation funds not used as described above shall be returned to TRPA.
Upon written approval from TRPA, these funds may be re-allocated to another project.
6. The City agrees to request from TRPA a final inspection no later than 30 days after completion of the project.
7. TRPA approved signage shall be used on all projects to identify TRPA as a funding source and shall include the EIP logo.
8. The City agrees to report the applicable EIP Performance Measures achieved by this project.
81 OPERATIONS AND GOVERNANCE
COMMITTEE AGENDA ITEM NO. 4 &
CONSENT CALENDAR ITEM NO. 2
Regional Plan Compliance:
The proposed release complies with the TRPA Regional Plan and Code of Ordinances.
Contact Information:
For questions regarding this agenda item, please contact Tracy Campbell at (775) 589-5257 or [email protected].
To submit a written public comment, email [email protected] with the appropriate agenda item in the subject line. Written comments received by 4 p.m. the day before a scheduled public meeting will be distributed and posted to the TRPA website before the meeting begins. TRPA does not guarantee written comments received after 4 p.m. the day before a meeting will be distributed and posted in time for the meeting.
Attachment:
A. EIP Project Fact Sheet
82 OPERATIONS AND GOVERNANCE
COMMITTEE AGENDA ITEM NO. 4 &
CONSENT CALENDAR ITEM NO. 2
Attachment A
EIP Project Fact Sheet - Purchase of two XBroom Street Sweepers 83 Purchase of Two XBroom Street Sweepers
Project Number 01.01.01.0217
Action Priority Reduce Stormwater Pollution From: Roads and Highways, Forest Roads, Public and Privat Parcels
Implementers City of South Lake Tahoe
Primary Contact Stephen Anderjack ([email protected]) Stage Planning/Design
Duration 2024 - 2024
Stormwater Management Program Reduce Stormwater Pollution From: Roads and Highways, Forest Roads, Public and Private Parcels
Purchase of two 2023 Freightliner CNG Chassis with mounted XBroom to replace two failing units.
Project is requesting $405,601 in O&M Funds. O&M Funds will be matched with $405,601 in City of South Lake Tahoe General Funds. The cost of each unit is approximately $405,601 which totals to $811,202 for two units.
Key Accomplishments
Accomplishments to be provided upon completion of project Threshold Categories
Air Quality Water Quality
Proposed Sweeper
Location Expenditures
No expenditures provided
OPERATIONS AND GOVERNANCE
COMMITTEE AGENDA ITEM NO. 4 &
CONSENT CALENDAR ITEM NO. 2
84 OPERATIONS AND GOVERNANCE
COMMITTEE AGENDA ITEM NO. 5 &
CONSENT CALENDAR ITEM NO. 3
STAFF REPORT
Date: April 17, 2024
To: TRPA Governing Board
From: TRPA Staff
Subject: Release of City of South Lake Tahoe Operations & Maintenance (O&M) Mitigation Funds ($21,092.06) and Air Quality Mitigation Funds ($54,685.35) to cover the cost of CARB compliance upgrade for Two XBroom Street Sweepers ________________________________________________________________________ Summary and Staff Recommendation:
Staff recommends that the Governing Board approve the City of South Lake Tahoe’s request, subject to the conditions cited below. The request is consistent with the Environmental Improvement Program and Regional Transportation Plan objectives, the TRPA Code of Ordinances, and the Governing Board’s policy guidelines for the release of mitigation funds.
Required Motion:
To approve the requested release, the Board must make the following motion:
1) A motion to approve the release subject to the conditions contained in this memorandum.
In order for the motion to pass, an affirmative vote of any eight Board members is required.
Table 1
Proposed Funding Release
EIP # PROJECT Fund Amount
01.01.01.0217 2 x XBroom Street Sweepers CARB Compliance Upgrade O&M $21,092.06
01.01.01.0217 2 x XBroom Street Sweepers CARB Compliance Upgrade AQ $54,685.35 Total Funding Requested $75,777.41
Background:
On March 27, 2024 the TRPA Governing Board approved the release of $405,601.00 in City of South Lake Tahoe Operations & Maintenance (O&M) Mitigation Funds towards the purchase of two new XBroom Street Sweepers. City staff have since ascertained that the original quote was for non-CARB compliant units. This request is to cover the additional cost of upgraded CARB compliant XBroom Street Sweepers, as required by California regulations. 85 OPERATIONS AND GOVERNANCE
COMMITTEE AGENDA ITEM NO. 5 &
CONSENT CALENDAR ITEM NO. 3
Sweeping city streets to reduce sediment on the road surface, and prevent fine particulates from being transported to Lake Tahoe, is critical to meeting TMDL pollutant load reductions.
Funding Match:
Operations and maintenance fund releases require a 1:1 local funding match. For this request, the local match funding source is the City of South Lake Tahoe General Fund.
City of South Lake Tahoe – Local Funding Match
Mitigation Funds Local Match Total Budget
CSLT Measure S General Fund $75,777.41 $75,777.41
O&M Mitigation Funds $21,092.06 $21,092.06
Air Quality Mitigation Funds $54,685.35 $54,685.35
Total $75,777.41 $75,777.41 $151,554.82
The unencumbered account balance for the Operations and Maintenance fund for the City of South Lake Tahoe, as of March 27, 2024, is $21,092.06, and the unencumbered account balance for the Air Quality fund is $359,101.29, which is sufficient to cover this request.
Conditions:
Staff recommends approving the release of these funds subject to the following conditions of approval:
1. The City shall only use the funds for the project cited above and as approved by TRPA.
2. TRPA reserves the right to withhold funds to ensure project priorities, goals, and objectives are consistent with those of the Environmental Improvement Program and TRPA’s Regional Plan.
3. The City agrees to follow all laws, codes, and regulations adopted by federal, state, and local authorities/agencies.
4. The City agrees to maintain a report detailing the use and expenditure of all funds used on the project. These records shall be made available for review and audit by TRPA within thirty (30) calendar days upon written request.
5. All mitigation funds not used as described above shall be returned to TRPA.
Upon written approval from TRPA, these funds may be re-allocated to another project.
6. The City agrees to request from TRPA a final inspection no later than 30 days after completion of the project.
7. TRPA approved EIP signage shall be used on all projects to identify TRPA as a funding source and shall include the EIP logo.
86 OPERATIONS AND GOVERNANCE
COMMITTEE AGENDA ITEM NO. 5 &
CONSENT CALENDAR ITEM NO. 3
8. The City agrees to update and maintain project expenditures and EIP Performance Measures achieved by this project in the EIP Tracker.
Regional Plan Compliance:
The proposed release complies with the TRPA Regional Plan and Code of Ordinances.
Contact Information:
For questions regarding this agenda item, please contact Tracy Campbell at (775) 589-5257 or [email protected].
To submit a written public comment, email [email protected] with the appropriate agenda item in the subject line. Written comments received by 4 p.m. the day before a scheduled public meeting will be distributed and posted to the TRPA website before the meeting begins. TRPA does not guarantee written comments received after 4 p.m. the day before a meeting will be distributed and posted in time for the meeting.
Attachment:
A. EIP Project Fact Sheet
87 Resolution 2024-XXX May 7, 2024 Page 1 of 1
Resolution 2024-XX
Adopted by the City of South Lake Tahoe
City Council
May 7, 2024
Accepting and Appropriating Tahoe Regional Planning Agency (TRPA) Operations and Maintenance and Air Quality Mitigation Funds for a total of $481,378.41, Appropriating $29,983 from General Fund Undesignated Excess Reserves and $75,379 from Measure S Sales Tax Fund and Authorizing Purchase of two Street Sweepers and one Parks Sweeper.
BACKGROUND:
A. The Department of Public Works requested $481,378.41 from TRPA in Operations and Maintenance (O&M) and Air Quality (AQ) Mitigation funds to purchase two street sweepers.
B. On March 27 and April 23, 2024, the TRPA Governing Board approved Public Works’ request for the O&M and AQ mitigation funds.
C. The Department of Public Works intends to purchase two street sweepers for $962,756.83.
D. The Parks and Recreation Department also intends to purchase one sweeper for park maintenance for $70,323.41.
E. At the March 12, 2024, council meeting, the City Council appropriated $406,000 for the purchase of the street sweepers and $40,340.71 for the park’s sweeper as a part of the parks equipment departmental budget.
F. To purchase the equipment, an additional budget of $75,378.41 in Measure S and $29,982.61 in General Fund Undesignated Excess Reserves is needed.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Accepts the TRPA’s O&M and Air Quality funds to purchase two street sweepers.
2. Appropriates the following funds for purchasing street sweepers and allocates them to the following accounts:
210-03010 Revenue (33321) TRPA O&M Funds (+) $426,693.06 210-03010 Revenue (33311) TRPA AQ Funds (+) $54,685.35
210-03010 Expenditure (46110) Machinery & Equipment (+) $481,378.41
3. Appropriates the following additional funds for purchasing street and park sweepers and allocate them to the following accounts.
210-03010-36374 Transfer in From Measure S (+) $75,378.41 210-03010-46110 Increase Expenditure in Machinery & Equipment (-) $75,378.41
100-04170-46110 Increase Expenditure in Equipment (-) $29,982.61 88 Resolution 2024-XXX May 7, 2024 Page 1 of 1
4. Does hereby authorize the purchase of two (2) X-Broom street sweepers from BP Loader Corporation of Fresno, California, for $962,756.83 through the Sourcewell Cooperative Agreement.
5. Does hereby authorize the purchase of one (1) Sweepstar 60 from Belkorp AG of Modesto, California, for $70,323.32.
Adopted by the City Council of the City of South Lake Tahoe on May 7, 2024 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ 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 City Council.
89 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: May 7, 2024
Agenda Item #:6
Agenda Item: 2023 Annual Comprehensive Financial Report (ACFR) Executive Summary: The Annual Comprehensive Financial Report is published by the Finance Department and includes the Independent Auditor's Report on the Basic Financial Statements of the City of South Lake Tahoe. The Annual Report is designed to professionally and effectively communicate the City's financial position and is prepared in compliance with the financial reporting standards of the Government Finance Officers Association.
Requested Action / Suggested Motions: Receive and File.
Responsible Staff Member: Olga Tikhomirova, Director of Finance Reviewed and Approved By: Susan Blankenship, City Clerk Heather Stroud, City Attorney Attachments:
01-Staff Report - 2023 ACFR.docx
02-2023 City of South Lake Tahoe ACFR.pdf
03-City of South Lake Tahoe 2023 Final GANN Limit AUP Report.pdf 90 Council Agenda Report May 7, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: May 7, 2024
Title: City of South Lake Tahoe 2023 Annual Comprehensive Financial Report (Annual Report), including the Independent Auditor's Report on the Basic Financial Statements of the City of South Lake Tahoe; Agreed Upon Procedures Report on Compliance with the Article XIII-B 2022-2023 Appropriation Limit Calculations.
Location: Citywide
Responsible Staff Member: Olga Tikhomirova, Director of Finance (530) 542-7431 Background: Annually the City’s financial records are audited by an independent Certified Public Accounting firm.
The Annual Comprehensive Financial Report (ACFR, or Annual Report) is published by the Finance Department and includes the Independent Auditor’s Reports on the Basic Financial Statements of the City of South Lake Tahoe, which accurately reflect the fiscal position of the City of South Lake Tahoe and its component units at September 30, 2023.
The Annual Report is designed to professionally and effectively communicate the City’s financial position. This report is prepared in compliance with the financial reporting standards of the Government Finance Officers Association of the United States and Canada (GFOA) and includes three major sections:
Introductory section – transmittal letter, including summary of auditor’s opinion, City profile, economic condition, strategic priorities and financial management. Financial Section – the City’s independently audited financial statements along with Management’s Discussion and Analysis of the City’s financial position and results of operations for fiscal year 2023.
Statistical Section – financial trends, revenue and debt capacity, demographic, economic and operating information.
The Annual Report and financial statements are due within 180 days of the close of the fiscal year. This report is required to be distributed annually to the State Controller, the City’s bond trustees, banks, rating agencies and various other outside entities.
The City’s Annual Report is submitted annually to the Government Finance Officers Association (GFOA) award program for their review of readability, efficient organization, and comprehensive reporting. For fifteen consecutive years the City of South Lake Tahoe has received awards for excellence in financial reporting.
Issue and Discussion: Eide Bailly LLP have completed the independent audit using Generally Accepted Accounting Principles (GAAP) and Generally Accepted Auditing Standards (GAAS) and have issued the attached financial statements and reports as of and for the year ended September 30, 2023. The Auditors have issued an unmodified opinion, stating that the financial statements present fairly, in all material respects, the financial position of the City as of 91 Council Agenda Report May 7, 2024 Page 2 of 2
that date. An unmodified opinion is the best opinion an independent auditor can give, and this is what we expect to receive.
Financial Implications: The City’s financial statements report an unassigned general fund balance of $32,758,900 as of September 30, 2023. Reducing this amount by 25% of the 2023- 24 operating budget expenses (committed reserve $13,702,930) and by the balances of funds included with the general fund for reporting purposes (building permit fees $1,817,942 and Measure S Sales Tax general fund $2,346,631), leaves an unassigned fund balance of $14,891,397. Of this amount, commitments of $5,496,681, including $1,003,257 for grant match set-aside, $704,959 for carryforward encumbrances, $110,000 in ARPA funding, $1,678,465 for the Recreation Center Construction project, and $2,000,000 set-aside for projected future years budget deficit, along with $6,289,981 in additional budget appropriations approved by City Council in the first six months of the year, including net expense of $3,481,619 for mid-year budget adjustments, leave $3,104,735 available for one-time projects and expenses, including grant matching requirements.
Policy Implications: Compliance with City Financial Policies – Financial Reporting.
Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment). 92 93
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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 1 Independent Accountant’s Report
To the Honorable Mayor and City Council
South Lake Tahoe, California
We have performed the procedures enumerated below, on the Appropriations Limit Calculation of the City of South Lake Tahoe, California (City) prepared in accordance with Article XIII-B of the California Constitution for the fiscal year ended September 30, 2023. The City’s management is responsible for the Appropriations Limit Calculation.
The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of evaluating the Appropriations Limit Calculation and we will report on findings based on the procedures performed. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.
The procedures performed and our findings are as follows:
1. We obtained the completed worksheets setting forth the calculations necessary to establish the City's 2022-23 appropriations limit and compared the limit and annual adjustment factors included in those worksheets to the limit and annual adjustment factors that were adopted by resolution of the City Council. We also compared the population and inflation options included in the aforementioned worksheets to those that were selected by a recorded vote of the City Council.
Finding: No exceptions were found as a result of this procedure.
2. We added last year's limit to the annual adjustment amount and compared the resulting amount to the 2022-23 appropriations limit.
Finding: No exceptions were found as a result of this procedure.
3. We compared the current year information to the worksheets described in Procedure 1 above to information provided by the California State Department of Finance.
Finding: No exceptions were found as a result of this procedure.
4. We agreed the prior year appropriations limit to the prior year appropriations limit adopted by the City Council.
Finding: No exceptions were found as a result of this procedure. 287
2 We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the Appropriations Limit Calculation. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.
We are required to be independent of the City and to meet our ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.
No procedures have been performed with respect to the determination of the appropriation limit for the base year, as defined by Article XIII-B of the California Constitution.
This report is intended solely for the information and use of the City Council and management of the City and is not intended to be and should not be used by anyone other than these specified parties.
Sacramento, California
April 16, 2024
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: May 7, 2024
Agenda Item #:7
Agenda Item: Permanent Local Housing Allocation (PLHA) Program Application for the Sugar Pine Village Affordable Housing Project Phase 2B
Executive Summary: The Permanent Local Housing Allocation (PLHA) Program Application for up to $5,000,000 for the Sugar Pine Village Affordable Housing Project Phase 2B.
Requested Action / Suggested Motions: Pass a Resolution authorizing the City Manager to submit a joint application with Related Companies of California LLC under the PLHA Program for Sugar Pine Village Phase 2B for an amount not to exceed $5,000,000.
Responsible Staff Member: Jessica Wackenhut Lomeli, Housing Manager 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 - PLHA Sugar Pine Village Phase 2B.docx 02-PLHA Competitive Resolution.pdf
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Council Agenda Report May 7, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: May 7, 2024
Title: Permanent Local Housing Allocation (PLHA) Program Application for the Sugar Pine Village affordable housing project Phase 2B
Location: 1888 Lake Tahoe Boulevard and 1029 Tata Lane
Responsible Staff Member: Jessica Wackenhut Lomeli, Housing Manager Background: Currently under construction, Sugar Pine Village is a 248-unit affordable housing project, with onsite community service facilities on 11.6 acres of land owned by the State of California (State). This project is a result of the Governor’s Executive Order N-06-19, which directed the California Department of General Services (DGS) to identify excess state properties as potential affordable housing development sites. In July 2020, the State announced the State had selected Related Companies of California LLC (Related) in partnership with the St. Joseph Community Land Trust to construct and manage the Sugar Pine Village project.
Since June 2020, the City of South Lake Tahoe has been an active partner in the development of the project. As a first step of financial commitment, the City Council at its November 17th, 2020 meeting authorized a $566,629 loan for predevelopment costs (Resolution 2020-109) and a $1,250,000 loan to purchase banked land coverage at the airport (Resolution 2020-110). The loans were funded by Program Income from repayments of loans from the Redevelopment Agency (RDA) Low- and Moderate-Income Housing Fund and the City’s undesignated reserve fund, respectively. At its October 19, 2021 meeting the City Council also approved a $627,626 loan of HOME Program Income. This brings the City’s total commitment toward the project to $2,441,629.
In addition to direct City commitments, the City has partnered with Related to secure $17,359,470 in Affordable Housing and Sustainable Communities (AHSC) grant funds, $10,551,967 is for the project costs and the remaining $6,807,503 is for city improvements. The City and Related were awarded $5,000,000 in Permanent Local Housing Allocation (PLHA) grant funding. Additionally, Related has also secured $20,000,000 in Multifamily Housing Program (MHP) funding and $3,195,900 in Infill Infrastructure Grant (IIG) funding so far in the financing phase of the project.
To date, approximately $100,000,000 in tax credits and grant applications have been applied for and secured using the City’s initial approximate $2.4 million commitment as a local match.
Project financing and construction is being done in four phases. Phase 1A (68 units) and Phase 2A (60 units) are currently under construction. Site preparation and construction of the modular units for Phase 1A began in fall 2022 and site preparation for Phase 2A began in summer 2023.
The two final phases, 1B and 2B, contain 60 units each.
The table below summarizes the financing strategy for the four phases and shows how the City contributions pair with other funding sources.
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Source Phase 1A Phase 1B Phase 2A Phase 2B
City RDA Loan 566,629
City Coverage Loan 254,487 995,513
HOME PI Loan 625,000
City Sources 821,116 625,000 995,513 0
Federal Tax Credit Equity 19,766,293 17,684,219 17,508,602 State Tax Credit Equity 5,722,864 5,199,480
Perm Loan 2,768,500 4,667,000 2,015,000 2,544,000
State Housing Accelerator 23,888,864
State MHP 12,127,500 7,448,016
State AHSC 10,551,967
State IIG 3,195,900 2,910,000 2,965,000 2,998,000
State PLHA 4,750,000 4,750,000 4,750,000
State HOME 5,162,446 5,910,614
State LGMG 5,638,066 9,999,999 4,304,935 5,000,000
Natl. Housing Trust Fund 8,000,000
Deferred Developer Fee 500,000 2,000,000 2,000,000
Total Sources 54,290,239 50,496,680 49,471,279 53,910,696 Committed Applied For Identified
HCD released the Permanent Local Housing Allocation (PLHA) program competitive Notice of Funding Availability (NOFA) on March 6, 2024 for approximately $12.5 million. This funding provides grants to local jurisdictions to assist persons experiencing or at risk of homelessness and/or investments that increase the supply of households to those with income of 60% of the Area Median Income. The City and Related were co-applicants for Sugar Pine Village Phase 1A and were successfully awarded the competitive PLHA for $5,000,000 in February 2022.
Issue and Discussion: It is recommended that the City Council adopt a resolution authorizing staff to submit a joint application with Related Companies of California LLC under the PLHA Program for Sugar Pine Village Phase 2B for an amount not to exceed $5,000,000. Up to 5 percent ($250,000) can be used for reimbursement of administrative costs incurred by the City.
Financial Implications: PLHA grant funds are awarded on a competitive basis. If awarded, the allocation of funds would be contingent upon the City entering into a Standard Agreement with HCD. Any future funding agreement associated with the PLHA Program funding award will require City Council approval.
It is anticipated that the City will carry primary responsibility for grant administration and monitoring. However, up to 5 percent of the funding award may be used to covers administrative costs associated with administering the grant to a maximum of $250,000. 291
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Environmental Considerations: California Department of Housing and Community Development (HCD) Guidelines specify that CEQA does not apply to actions taken by a local government to provide financial assistance to a development approved under SB 35 that receives streamlined approval and that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code. Sugar Pines Village qualifies for this exemption.
Policy Implications: The recommended action is consistent with the City Strategic Plan which identifies supporting the Sugar Pine Village Project as Action Item 1.3.1.
The recommended action is also 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. 292
[ ]
[ ]
AUTHORIZING RESOLUTION OF ( )
AUTHORIZING THE APPLICATION FOR THE PERMANENT LOCAL HOUSING
ALLOCATION PROGRAM NON-ENTITLEMENT LOCAL GOVERNMENT
COMPETITIVE COMPONENT
[ ] of the
[ _______________________________________________________ ] of [ ________________________________________________________________ ] (“Applicant”) hereby consents to, adopts and ratifies the following resolution:
A. WHEREAS, the Department is authorized to provide up to $12.5 million under the SB 2 Permanent Local Housing Allocation Program Competitive Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).
B. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 3/6/2024 under the Permanent Local Housing Allocation (PLHA) Program Competitive Component;
C. WHEREAS [ ] is an eligible nonentitlement Local government who has applied for program funds to administer an eligible activity; for [________________________________] and the amount of CPLHA funds not to exceed [_______________________].
D. WHEREAS the Department may award, subject to selection criteria set forth in PLHA guidelines section 403, funding allocations for applicants recommended for funding, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Department and PLHA competitive grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:
1. If Applicant is awarded a grant of PLHA funds from the Department pursuant to the above referenced PLHA Competitive Component NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.
2. Applicant hereby agrees to use the PLHA funds for the eligible activity for which the Applicant has submitted an application, as set forth in Section 401 of the Guidelines, and as awarded and approved by the Department in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.
293
ABSTENTI
3. Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for the eligible Activity for which the Applicant has submitted an application, and consistent with all program requirements.
4. Applicant certifies that, if funds are awarded for the development of new multifamily housing at or below 60 AMI or substantial rehabilitation of multifamily rental housing at or below 60 percent of AMI, Applicant shall comply with Uniform Multifamily Regulations Subchapter 19, Title 25, Division 1, Chapter 7, commencing with Section 8300 and the Multifamily Housing Program Guidelines commencing with Section 7300,;
5. Applicant certifies that, if funds are awarded for the development of an Affordable Rental Housing Development, the Local Government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Department-approved underwriting of the Project for a term of at least 55 years.
6. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.
7. If applicable, Applicant proposes allocation of funds for the awarded activity to ( ). Applicant certifies that the selection process
that resulted in the allocation to ( _____________________________) complied with all conflict of interest laws and prohibitions and was accessible to the public throughout the selection process and by request via the Public Records Act.
8. [ ] is/are authorized to execute the PLHA
Competitive Component Program Application, the PLHA Competitive Component Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA Competitive Component grant awarded to Applicant, as the Department may deem appropriate.
PASSED AND ADOPTED at a regular meeting of the [ ] this day of , by the following vote:
AYES: ABSTENTIONS: NOES: ABSENT:
APPROVE:
Signature of Approving Officer
[ ]
294
INSTRUCTION: The attesting officer cannot be the person identified in the resolution as the authorized signor
CERTIFICATE AND SIGNATURE OF THE ATTESTING OFFICER
The undersigned, Officer of [ ] does hereby attest
and certify that the [ ______________ ] Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the [ _________________________] which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
ATTEST:
Signature of Attesting Officer
[ ]
295
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: May 7, 2024
Agenda Item #:8
Agenda Item: Budget Appropriation of $50,000 for Professional Services Agreement with RSG, Inc. for Disparate Impact Analysis for Local Preference Policy for Affordable Housing Executive Summary: On November 7, 2023, the City Council directed staff (Moved by Councilmember Robbins and Seconded by Mayor Pro-Tem Friedrich), to release a Request for Proposals to find a consultant to conduct a Disparate Impact Study for Local Preference Policy for Affordable Housing. Staff released a Request for Proposal and the selected consulting firm is RSG, Inc. Staff is requesting the appropriation of $50,000 in funds from Workforce Housing Fund Balance for the disparate impact analysis for local preference policy for affordable housing. The Professional Services Agreement is within the City Manager's signing authority, so it will be executed following appropriation of the necessary funds.
Requested Action / Suggested Motions: Pass a Resolution appropriating $50,000 in funds from Workforce Housing Fund balance for a disparate impact analysis for local preference policy for affordable housing.
Responsible Staff Member: Jessica Wackenhut Lomeli, Housing Manager 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 - Budget Appropriation for RSG Local Preference.docx 02-Professional Services Agreement with RSG.pdf
03-Resolution - Budget Appropriation Local Preference.docx 296
Council Agenda Report- May 7, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: May 7, 2024
Title: Appropriation of $50,000 from Workforce Housing Fund Balance for RSG, INC. for the Disparate Impact Analysis for Local Preference Policy for Affordable Housing Location: City-wide
Responsible Staff Member: Jessica Wackenhut Lomeli, Housing Manager Background: Consistent with the City Council’s adopted 2021-2026 Strategic Plan (Plan), a robust set of housing programs are being developed to address the spectrum of housing needs within the City of South Lake Tahoe (City). Local tenant preference policies are becoming more common throughout jurisdictions in California to protect the most vulnerable populations experiencing displacement pressures. Local workers who are unable to access affordable housing throughout the South Shore region face longer and more costly commutes.
A local tenant preference policy is one tool cities are using to help prioritize the efficient use of scarce affordable housing resources. Senate Bill 649 (SB 649, Cortese), passed September 28, 2022, authorizes low-income housing tax credits and tax-exempt bonds to apply to qualifying affordable housing projects subject to local tenant preferences for lower income local tenants at risk of displacement or who have been displaced. This bill requires the local jurisdiction to ensure that the preference complies with fair housing law, to create a webpage containing the ordinance and supporting materials within 90 days of adoption, and to annually provide the Department of Housing and Community Development a current link to the webpage.
On November 7, 2023 the City Council directed staff to develop a Request for Proposal (RFP) to procure a consultant to conduct a Disparate Impact Analysis for a Local Preference Policy for Affordable Housing.
Issue and Discussion: A Request for Proposals (RFP) was released on February 13, 2024 with proposals due on March 12, 2024. Two proposals were received from consulting firms, RSG, Inc and Economic Consultants Oregon, DBA EcoNorthwest. A selection panel comprised of Jessica Wackenhut Lomeli, Housing Manager; Andrew Black, Financial Services Supervisor; and Hilary Roverud, City Manager, reviewed and scored the submittals on the following criteria totaling 100 points:
Cover Letter - 5 points
Executive Summary - 10 points
Company History, Background and Experience - 20 points Scope of Work/Implementation - 35 points
Project Budget – 25 points
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Description of recent Projects/References – 5 points
Scores of the four panelists were averaged and the review scoring was as follows:
Economic Consultants Oregon (DBA ECOnorthwest) – 75 points RSG, INC. – 94 points
After the review process it was determined that RSG, INC. (RSG) would be the best firm to assist the City with the Disparate Impact Analysis for Local Preference Policy for Affordable Housing. RSG staff are familiar with developing disparate impact reports to develop local preference policy to ensure congruence with Fair Housing state and federal rules and regulations. The proposal from RSG includes the scope of work, project schedule, and optional tasks to be included in the scope of work. The recommended scope of work and project schedule is included as part of the draft Professional Services Agreement (PSA) (Attachment 2).
Staff recommends that the City Council pass a Resolution authorizing the Finance Director to appropriate $50,000.00 into the expense line item 25006024 for the scope of work from RSG INC. The scope includes project management, an analysis of current housing, economic, and demographic data to better understand the nature of displacement, a final disparate impact analysis report and presentation to City Council.
Financial Implications: The preparation of a Disparate Impact Analysis by a consultant is not anticipated to exceed the total budget of $50,000. The budget from RSG is for a total of $30,265. The proposed Professional Services Agreement contains a not to exceed amount of $50,000 to allow for flexibility in the scope of work. The funds available in the Workforce Housing Account # 25006024 will be appropriated by the adoption of the Resolution.
Environmental Considerations: The recommendation in this report is not a project under CEQA, because it does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, 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: The following adopted policies and programs are applicable to this discussion:
City General Plan Housing Element
Policy 2-1. The City shall ensure a stable community by helping tenants to become homeowners and preserving the ability for residents to afford housing in the community where they grew up.
Policy 2-3. The City shall encourage a range of housing options so that people who work in South Lake Tahoe can choose to live in the city.
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 298
Council Agenda Report- May 7, 2024 Page 3 of 3
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. 299
CITY OF SOUTH LAKE TAHOE
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 7th day of May 2024 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and RSG, Inc. (“Consultant”).
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement. Consultant shall have no power or authority by this Agreement to bind City in any respect.
The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services,” attached hereto and incorporated herein by reference. Exhibit B, “Compensation Schedule,” attached hereto and incorporated herein by reference, outlines the fees and compensation which shall be paid pursuant to this Agreement.
2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for one year.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $50,000 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 300
written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.
6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination.
Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.
Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.
7. Ownership Of Documents.
All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant
for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for 301
services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers.
Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the abovenamed officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-ininterest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors or subcontractors hired or retained by Consultant are employees, agents, contractors or subcontractors of Consultant and not of the City.
City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’s assigned personnel. Any third party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant.
Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.
10. Interest of Consultant. Consultant, (and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. 302
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].
11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement.
All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
12. Compliance with Laws. Consultant shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in carrying out his/her duties under this Agreement. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section.
In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by law.
13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession.
Consultant shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.
14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by 303
Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City. Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.
City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.
This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses and causes of action of whatsoever arising out of or in any way connected with this Agreement, and consultant’s work under this Agreement.
15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’
Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an 304
additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the Consultant, including materials, parts or 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 selfinsured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring Consultant. iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
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vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail. c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved.
Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.
16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of South Lake Tahoe
1901 Airport Rd.
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Airport Road, Suite 300
South Lake Tahoe, CA 96150
If to Consultant:
Provide a copy to:
17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 306
18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.
20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.
21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant’s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free work place by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). 307
b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’s drug-free policy statement; and ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.
Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.
25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et.seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.
27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
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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.
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 ________________________________ Joseph Irvin, City Manager Tara Matthews, Principal & Vice President Business License # __________________
Attachments:
Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
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EXHIBIT A
SCOPE OF SERVICES
310
SCOPE OF WORK
PROJECT APPROACH
The following section details our approach and methodology for the Scope of Work requested by the City. RSG understands the City’s desire to analyze the viability of creating a preference policy based upon local fact patterns without creating disparate impacts on protected classes under state and federal law. The data-driven analysis will determine subpopulation displacement for households of color, households of socioeconomic vulnerability and special needs households and the impacts to South Lake Tahoe residents and workers. RSG will review the City’s Housing Element, and Fair Housing state and federal rules and regulations. The Disparate Impact Analysis Report recommendations will be based upon the framework adopted by the City Council on November 7, 2023.
TASK 1: PROJECT MANAGEMENT AND KICK OFF
RSG and staff will kick off the project with a review of the final scope and schedule, identifying data needs and documentation, gathering any additional ideas and input, and surfacing any concerns or issues to be aware of or to be addressed. RSG will review the Strategic Plan, Housing Element, and other supporting documents provided by staff. Staff will identify and provide any relevant data and information sources that may be useful for RSG. Staff will also indicate any high priority needs that have been identified. During implementation of the project, RSG will provide up to four (4) periodic status updates and the kickoff meeting.
TASK 2: ANALYSIS OF CURRENT HOUSING, ECONOMIC, AND DEMOGRAPHIC DATA RSG will conduct an analysis and interpret trends in the housing market, economy, and demographics of the South Lake Tahoe area to determine what type of displacement and to what extent it is occurring. A Geographic Information System will be deployed to visually understand the current community conditions. Variables include but are not limited to:
• Supply and demand of housing,
• Home prices and burdens,
• Rent costs and burden,
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15 • Density and Overcrowding,
• Affordability Gaps,
• Household Income,
• Jobs to household ratio,
• Industry and associated wages,
• Workforce commutes,
• Population growth,
• Household characteristics (including size),
• School enrollment,
• City Code Enforcement activities, and
• No Fault evictions.
All variables will be compared to nearby jurisdictions, the County, and/or region to establish a baseline of any disparities. Data will be analyzed to highlight any subpopulation displacement for households of color, households of socio-economic vulnerability, and special needs households. Based on RSG’s experience, the data sources used to collect information on each of the variables will include but not be limited to:
• US Census Bureau:
o American Community Survey
o 2020 Decennial Census
• ESRI Business Analyst Reports
• CA DOF Population and Household Projections
• Regional or County Studies (e.g. Tahoe Regional Planning Agency) RSG’s analysis will take into consideration local, state, and federal laws when examining any one variable to determine how much displacement is occurring. Laws to be examined include but are not limited to the City’s Housing Element, the federal Fair Housing Act of 1968, California Unruh Civil Rights Act, HUD Consolidated Plan and any relevant City and County ordinances.
At the conclusion of Task 2, one meeting will occur in which a data summary matrix and findings will be presented to City staff. If needed, a second meeting will be scheduled to address questions and obtain input and insight from City staff.
TASK 3: DISPARATE IMPACT ANALYSIS REPORT
The Disparate Impact Analysis Report will be based upon the data analysis performed in Task 2 and will need to align with California’s Affirmatively Further Fair Housing policies and HUD’s 2020 Disparate Impact Standard Final Rule. It is important to ensure that the Local Preference Policy does not inhibit the ability of the City to secure and comply with various state and federal housing resources.
Each of the three preferences identified in the Local Preference Policy will be addressed.
Preferences 2 and 3 from the RFP (neighborhood residents and South Lake Tahoe residents and workers) will be studied in closer detail to determine what level of displacement experienced by these populations could be eased by the Local Preference Policy.
The data driven analysis will assist the City Council in defining the following:
• Eligibility for Tenant Preferences
• Development Applicability
• Location and Timeframe Applicability
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16 • Types of Units
• Percentage of Units
The DIA Report will be the basis for the creation of the Local Preference policy with the goal of preventing further displacement of at-risk target populations identified in the report. The DIA Report will include recommendations on the application of the Local Preference Policy to achieve the City’s goal, conform with Fair Housing Law, and ensure fairness based on local data-supported characteristics.
Task 3 will include presenting the draft report to the City. A meeting will be held to obtain City feedback and address questions. Based on the City feedback, a final DIA Report will be prepared.
After final review of the DIA Report, the report’s findings will be presented to the City Council at a public hearing. RSG will prepare all necessary presentation materials, including a PowerPoint, and send two staff members to present the findings. If deemed necessary by City staff, RSG will also present the findings to the City of South Lake Tahoe’s planning commission at a separate public hearing.
IMPLEMENTATION TIMELINE
RSG expects to complete the scope of work within three to four months of an initial kickoff meeting with staff. The following details the general timelines and deliverables for the engagement. RSG anticipates that there may some modification to the schedule by City staff will be discussed at the project kick off meeting.
Tasks Timeframe
Project Kickoff Week 1
Conduct Analysis Weeks 2-5
Present Findings to Staff (Deliverable) Week 6
Draft Report (Deliverable) Weeks 7 - 10
City Review Weeks 11-12
Final Report (Deliverable) &
Presentation(s)
Weeks 13-14
PROJECT MANAGEMENT AND RESOURCE ALLOCATION TO ENGAGEMENTS With a staff of 24 employees, RSG manages staff allocation weekly to ensure that clients experience consistent, timely, and high-quality services. When responding to a proposal, RSG considers the expertise needed as well as the availability of personnel and makes assignments at that stage – even before getting a contract. This early commitment of resources minimizes the personnel turnover on engagements, so clients have a consistent team of consultants working on their project. Each month, employees submit a forecast of their three-month (3) workload (after collaborating with project managers and principals) to RSG’s resource 313
17 management team for a review of overall hourly commitments to ensure adequate time allocation for the highest quality work products. Project management is a critical part to RSG’s operations, and we use several tools that all consulting staff employ as part of their daily activities. RSG employs WorkFlowMax, a project and time management application, daily to manage and track hours and milestones on assignments. On a weekly basis, all RSG team members provide updates on each project assignment in Microsoft Teams, and the Principals conduct weekly one-on-one meetings with each of our staff to review all assignments, actual hours, projected hours, and deliverables to ensure jobs are completed on time, within budget, and at our quality standards. RSG also communicates regularly with clients on project updates.
PROJECT BUDGET
Our services for this engagement would be charged on a time-and-materials basis, with a not to exceed amount of $30,265 A breakdown of the costs are provided in the following table. RSG proposes the below rate schedule for these services.
RSG proposes the below rate schedule for these services.
Hourly Billing Rates
Principal / Director $ 295
Director $ 275
Senior Associate $ 225
Associate $ 185
Senior Analyst $ 160
Analyst $ 145
Research Assistant $ 135
Technician $ 100
Scope of Services
Disparate Impact Analysis
South Lake Tahoe (April 2024)
Total
Principal Director Sr. Analyst Analyst Total Hrs Not to $ 295 $ 275 $ 160 $ 145 Exceed
Task 1 Project Management 1 4 11 3 19 $ 3,590
Review and discuss scope and schedule, gather data and supporting documentation Task 1.1 Kickoff via Zoom: Introductions; review scope, data needs, concerns/issues, & schedule 1 1 1 1 4 875 Task 1.2 Review Strategic Plan, Housing Element - 3 4 2 9 1,755 Task 1.3 Status and Project Updates - - 6 - 6 960
Task 2 Analysis of Current Housing, Economic, and Demographic Data 5 7 24 24 60 $ 10,720 Collect data and analyze trends to determine nature of displacement Task 2.1 Data Collection 2 2 15 15 34 5,715
Task 2.3 Summary Matrix 3 5 9 9 26 5,005
Task 2.4 Present Findings to Staff 2 2 4 - 8 1,781
Task 3 Disparate Impact Analysis Report 19 13 36 7 75 $ 15,955 Summarize and interpret findings in written report for Staff and Council Task 3.1 Draft Report 2 8 15 5 30 5,915
Task 3.2 Final Report 1 3 5 2 11 2,210
Task 3.3 City Council Presentation 8 1 8 - 17 3,915
Task 3.4 Planning Commission (If Necessary) 8 1 8 - 17 3,915 GRAND TOTAL BUDGET 25 24 71 34 154 $ 30,265
Task Hours & Billing Rate
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EXHIBIT B
SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Estimated fees (not to exceed) $50,000
Hourly Rate: $ N/A
Travel and out-of-pocket expenses $ N/A
(travel is included in the TOTAL (not to exceed amount) TOTAL (not to exceed) $50,000
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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.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.
The undersigned certifies, to the best of his or her knowledge or belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction.
Consultant:
Tara Matthews, Principal & Vice President
By:_______________________
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Resolution 2024-XXX May 7, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
May 7, 2024
Appropriating $50,000 from Workforce Housing Fund Balance for Disparate Impact Analysis for Local Preference Policy for Affordable Housing
BACKGROUND
A. On November 7, 2024, the City Council directed staff to release a Request for Proposal to find a consultant to conduct a Disparate Impact Study for Local Preference Policy for Affordable Housing.
B. A local tenant preference policy is one tool cities are using to help prioritize the efficient use of scarce affordable housing resources.
C. Senate Bill 649 (SB 649, Cortese), passed September 28, 2022, authorizes low-income housing tax credits and tax-exempt bonds to apply to qualifying affordable housing projects subject to local tenant preferences for lower income local tenants at risk of displacement or who have been displaced.
D. This bill requires the local jurisdiction to ensure that the preference complies with fair housing law, to create a webpage containing the ordinance and supporting materials within 90 days of adoption, and to annually provide the Department of Housing and Community Development a current link to the webpage.
E. Staff has conducted a Request for Proposals (RFP) and selected RSG, Inc to assist the City with the Disparate Impact Analysis for Local Preference Policy for Affordable Housing.
The total contract amount is not to exceed $50,000 and is within City Manager singing authority.
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 Finance Director to Appropriate $50,000.00 into the Workforce Housing expense line item 250-06024-42020 Professional Services for the contract with RSG Inc.
Adopted by the City of South Lake Tahoe City Council on May 7, 2024 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Cody Bass, Mayor
Attest:
318
Resolution 2024-XXX May 7, 2024 Page 2 of 2
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
319
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: May 7, 2024
Agenda Item #:9
Agenda Item: 2023 - 2024 Position Allocation List Amendment Executive Summary: The budget for the fiscal year 2023-2024 has been approved by the City Council.
Alongside the budget, a resolution has been passed that approves the list of allocated permanent positions for the same period. Staff is requesting an amendment to the Position Allocation List by revising the current position of Associate Civil Engineer, Assistant Engineer to Associate Civil Engineer, Associate Architect. The Associate Architect will work on various projects, including the new Recreation and Aquatics Center project, Fire Station 3 project and other sustainability and facility projects. It's important to note that this change will not increase the total number of allocated permanent positions or require additional budget.
Requested Action / Suggested Motions: Pass a Resolution approving amendments to FY 2023 – 2024 List of Allocated Permanent Positions by adding the position of Associate Architect and Corresponding Salary Table.
Responsible Staff Member: Ember Buckman, Human Resources Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report Allocated Positions Listing Amend 2023-2024.docx 02-Resolution Allocated Position Listing Amend 2023-2024 Budget.docx 03-Position Allocation 23-24 Amended May 2024 (Exh. 1 to Reso).pdf 04-Salary Table Associate Architect (Exh. 2 to Reso).pdf 320
Council Agenda Report May 7, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: May 7, 2024
Title: Amending FY 2023 – 2024 List of Allocated Positions by Adding Associate Architect Location: Citywide
Responsible Staff Member: Ember Buckman, Human Resources Manager, (530) 542-6050 Background: The Municipal budget for FY 2023-2024 has been approved by the City Council, along with the Resolution 2023-078 approving the List of Allocated Permanent Positions. However, an amendment is now required to the List of Allocated Permanent Positions to ensure the recruitment of skilled staff members who can efficiently achieve the City Council's priorities and goals.
Issue and Discussion: The current List of Allocated Permanent Positions includes: Associate Civil Engineer, Assistant Engineer, with a total of 2.5 allocated positions. Two of these positions have already been filled by Associate Civil Engineers. The City has been actively recruiting to fill the remaining Associate Civil Engineer position.
After extensive recruitment and classification discussion with the Public Works Director, Anush Nejad, it was discovered that the remaining Associate Civil Engineer position is no longer needed and that an Architect would be more beneficial to the City to accomplish City Council priorities and goals, including the new Recreation and Aquatics Center project. It was also identified that the Assistant Engineer position is no longer required.
Therefore, Saff is requesting an amendment to the 2023-2024 List of Allocated Permanent Positions from Associate Civil Engineer, Assistant Engineer to Associate Civil Engineer, Associate Architect, along with a corresponding salary schedule for the Associate Architect which will mirror the Associate Civil Engineer Salary schedule. This change will enable the Public Works department to complete City Council priorities and goals.
It's important to note that there will be no change in the number of allocated positions, and there will be no additional budget needed for this purpose.
Financial Implications: There are no financial consequences associated with amending the List of Allocated Permanent Positions
Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment). 321
Council Agenda Report May 7, 2024 Page 2 of 2
Policy Implications: This proposed amendment to the Allocated Permanent Positions List will provide the expertise necessary to complete the new Recreation and Aquatics Center Project, supporting the City Council's Priorities and Goals.
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Resolution 2024-XXX May 7, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
May 7, 2024
Amending FY 2023 – 2024 List of Allocated Permanent Positions by Adding Position of Associate Architect and Corresponding Salary Table
BACKGROUND
A. The City Council has, through the adoption of the budget for Fiscal Year 2023-2024, approved funding for allocated positions.
B. The allocated positions listing is periodically reviewed and often requires amendments based on staffing needs and expertise required to complete City Council priorities and goals.
C. The Staff has identified the need to change the classification of Associate Civil Engineer, Assistant Engineer to Associate Civil Engineer, Associate Architect.
D. There is no impact to active City employees, and there is no cost associated with this change.
The salary table for Associate Architect will mirror the Associate Civil Engineer salary table.
E. The adoption of this resolution will incorporate the following change into the position allocation report (Exh. 1).
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED by the City Council of the City of South Lake Tahoe finds that:
1. The above recitals are true, correct and a substantive part of this resolution.
2. The list of Allocated Permanent Positions (attached hereto as Exh. 1) and the new salary table for the position of Associate Architect (attached hereto as Exh. 2) are hereby adopted.
Adopted by the City of South Lake Tahoe City Council on May 7, 2024 by the following vote:
Yes:
No:
Absent:
Abstain:
FROM FTE TO FTE
Associate Civil Engineer, Assistant Engineer 2.5 Associate Civil Engineer, Associate Architect 2.5 323
Resolution 2024-XXX May 7, 2024 Page 2 of 2
______________________ 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.
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Allocated Permanent Positions
Authorized/ Authorized/ Authorized/ Authorized/ Authorized/ Appropriated Appropriated Appropriated Appropriated Frozen Positions Positions Positions Positions Positions
Department/Positions 22/23 Adopted thru June'23 23/24 Adopted thru May'24 23/24 Budget
CITY COUNCIL
Council Member (Elected) Department Total 5.00 5.00 5.00 5.00 0.00
CITY CLERK
City Clerk (Elected) 1.00 1.00 1.00 1.00
Assistant City Clerk 1.00 1.17 1.17 1.17
Department Total 2.00 2.17 2.17 2.17 0.00
CITY TREASURER
City Treasurer (Elected) Department Total 1.00 1.00 1.00 1.00 0.00
CITY MANAGER DEPARTMENT
City Manager 1.00 1.00 1.00 1.00
Assistant City Manager 0.75 0.75 1.00 1.00
Assistant to the City Manager I 0.25 0.25 0.00 0.00
Assistant to the City Manager II 0.25 0.25 0.00 0.00
Communications and Project Specialist 1.00 1.00 1.00 1.00 Sustainability Coordinator 1.00 1.00 1.00 1.00
4.25 4.25 4.00 4.00
Human Resources
Human Resources Manager 1.00 1.00 1.00 1.00
Principal &/or H.R. Analyst 1.00 1.50 2.00 2.00
Total 2.00 2.50 3.00 3.00 0.00
Department Total 6.25 6.75 7.00 7.00 0.00
CITY ATTORNEY
City Attorney 1.00 1.00 1.00 1.00
Assistant City Attorney 1.00 1.00 1.00 1.00
Risk Manager 1.00 1.00 1.00 1.00
Paralegal 1.00 1.00 1.00 1.00
Department Total 4.00 4.00 4.00 4.00 0.00
FINANCE DEPARTMENT
Director of Finance 1.00 1.00 1.00 1.00
Total 1.00 1.00 1.00 1.00 0.00
Financial Services
Financial Services Supervisor 1.00 1.00 1.00 1.00
Accountant I, II 1.00 1.00 1.00 1.00
Accountant I / Payroll Coordinator 1.00 1.00 1.00 1.00
Principal Management Analyst - Purchasing and Grants 1.00 1.00 1.00 1.00 Total 4.00 4.00 4.00 4.00 0.00
Revenue
Accounting Technician I, II 2.00 2.00 2.00 2.00
Supervising Accounting Technician 1.00 1.00 1.00 1.00
Accountant I/II 1.00 1.00 1.00 1.00
Total 4.00 4.00 4.00 4.00 0.00
Information Systems
Information Systems Supervisor 1.00 1.00 1.00 1.00
Network Systems Administrator 1.00 1.00 1.00 1.00
Information Systems Technician 1.00 1.00 1.00 1.00
Total 3.00 3.00 3.00 3.00 0.00
Department Total 12.00 12.00 12.00 12.00 0.00
1 of 4
325
Allocated Permanent Positions
Authorized/ Authorized/ Authorized/ Authorized/ Authorized/ Appropriated Appropriated Appropriated Appropriated Frozen Positions Positions Positions Positions Positions
Department/Positions 22/23 Adopted thru June'23 23/24 Adopted thru May'24 23/24 Budget
DEVELOPMENT SERVICES DEPARTMENT
Director of Development Services 1.00 1.00 1.00 1.00
Administrative Clerk I, II 1.00 1.00 1.00 1.00
Total 2.00 2.00 2.00 2.00 0.00
Planning
Planning Manager/Environmental Planner 1.00 1.00 1.00 1.00 Associate Planner, Assistant Planner 2.00 2.00 2.00 2.00 Sr. Planner (2 year limited term) 1.00 0.00 0.00 0.00
Sr. Planner 0.00 0.42 1.00 1.00
Development Services Technician 0.00 0.00 0.00 0.00 1.00 Total 4.00 3.42 4.00 4.00 1.00
Housing
Housing Manager 1.00 1.00 1.00 1.00
Associate Planner, Assistant Planner- Housing 1.00 1.00 1.00 1.00 Associate Management Analyst 1.00 1.00 1.00 1.00
Program Coordinator 0.00 0.00 1.00 1.00
3.00 3.00 4.00 4.00 0.00
Building and Safety
Building Official 1.00 1.00 1.00 1.00
Pr Bldg & Sr Bldg Inspector, Bldg Inspector, Hsng Insp. 4.00 4.00 4.00 4.00 Sr. Permit Center Technician, Permit Center Technician 2.00 2.00 2.00 2.00 Total 7.00 7.00 7.00 7.00 0.00
Department Total 16.00 15.42 17.00 17.00 1.00
PUBLIC WORKS DEPARTMENT
Director of Public Works 1.00 1.00 1.00 1.00
Capital Program and Facilities Program Manager 1.00 1.00 1.00 1.00 Office Manager 1.00 1.00 1.00 1.00
Total 3.00 3.00 3.00 3.00 0.00
Engineering
Construction Engineer 0.00 0.00 0.00 0.00 1.00
Complete Streets Program Manager 1.00 1.00 1.00 1.00
GIS Analyst 1.00 1.00 1.00 1.00
Resident Engineer / Resident Inspector 1.00 1.00 1.00 1.00 Engineering Manager 1.00 1.00 0.33 0.67
Associate Civil Engineer, Assistant Engineer 1.00 1.00 2.50 0.00 Associate Civil Engineer, Associate Architect 0.00 0.00 0.00 2.50 Engineering Technician 1.00 1.00 1.00 1.00
Total 6.00 6.00 6.83 7.17 1.00
Maintenance Operations / Snow Removal
Maintenance Manager 2.00 2.00 2.00 2.20
Lead Maintenance Technician 2.00 2.00 2.00 2.50
Maintenance Technician I, II, III, IV, V 16.00 16.00 16.00 15.50 Total 20.00 20.00 20.00 20.20 0.00
Fleet Maintenance
Maintenance Manager - Fleet 1.00 1.00 1.00 1.00
Equipment Mechanic I, II, III 5.00 5.00 6.00 6.00
Fleet Control Specialist 1.00 1.00 1.00 1.00
Total 7.00 7.00 8.00 8.00 0.00
2 of 4
326
Allocated Permanent Positions
Authorized/ Authorized/ Authorized/ Authorized/ Authorized/ Appropriated Appropriated Appropriated Appropriated Frozen Positions Positions Positions Positions Positions
Department/Positions 22/23 Adopted thru June'23 23/24 Adopted thru May'24 23/24 Budget
PUBLIC WORKS (CONTINUED)
Airport
Airport Manager 1.00 1.00 1.00 1.00
Airport Maintenance Supervisor 1.00 1.00 1.00 1.00
Administrative Assistant I, II 0.00 0.00 1.00 1.00
Maintenance Technician I, II, III, IV, V 1.00 1.00 1.00 1.00 Total 3.00 3.00 4.00 4.00 0.00
Department Total 39.00 39.00 41.83 42.37 1.00
PARKS AND RECREATION DEPARTMENT
Director of Parks and Recreation 1.00 1.00 1.00 1.00
Total 1.00 1.00 1.00 1.00
Recreation
Administrative Assistant I, II 1.00 1.00 1.00 1.00
Recreation Manager 1.00 1.00 1.00 1.00
Maintenance Manager - Recreation 0.00 0.00 0.00 0.33
Events Coordinator 1.00 1.00 1.00 1.00
Recreation Program Coordinator 0.00 0.00 0.00 0.42
Head Pool Lifeguard 1.00 1.00 1.00 1.00
Total 4.00 4.00 4.00 4.75
Parks
Maintenance Manager - Parks 1.00 1.00 1.00 1.00
Lead Maintenance Technician 1.00 1.00 1.00 1.00
Maintenance Technicians I, II, III, IV,V 7.00 7.00 7.00 7.00 Total 9.00 9.00 9.00 9.00
Department Total 14.00 14.00 14.00 14.75 0.00
FIRE DEPARTMENT
Fire Chief 1.00 1.00 1.00 1.00
Fire Division Chief (Grant Funded) 0.00 0.00 0.00 0.50
Fire Marshall 1.00 1.00 1.00 1.00
Fire Battalion Chief 3.00 3.00 3.00 3.00
Fire Captain 9.00 9.00 9.00 9.00
Fire Engineer 10.00 9.00 9.00 9.00
Firefighter, Paramedic 8.00 9.00 9.00 9.00
Firefighter, Paramedic (Meas. S, prev. SAFER Grant) 7.00 7.00 7.00 7.00 Fire Safety Inspector I, II 1.00 1.00 1.00 1.00
Executive Assistant to the Fire Chief 1.00 1.00 1.00 1.00 Department Total 41.00 41.00 41.00 41.50 0.00
POLICE DEPARTMENT
Chief of Police 1.00 1.00 1.00 1.00
Police Lieutenant 3.00 3.00 3.00 3.00
Police Sergeant 6.00 6.00 6.00 6.00
Police Officer 30.00 30.00 31.00 31.00 1.00
Police Officer (cannabis) 1.00 1.00 1.00 1.00
Police Officer (Tobacco grant) 1.00 1.00 0.00 0.00
Public Safety Dispatch Supervisor 1.00 1.00 1.00 1.00
Police Records Supervisor 1.00 1.00 1.00 1.00
Community Service Officer Supervisor 0.00 1.00 1.00 1.00 Public Safety Dispatcher 9.00 9.00 9.00 9.00
Senior Police Records Tech, Police Record Tech 2.00 2.00 2.00 2.00 3 of 4
327
Allocated Permanent Positions
Authorized/ Authorized/ Authorized/ Authorized/ Authorized/ Appropriated Appropriated Appropriated Appropriated Frozen Positions Positions Positions Positions Positions
Department/Positions 22/23 Adopted thru June'23 23/24 Adopted thru May'24 23/24 Budget
POLICE DEPARTMENT (CONTINUED)
Administrative Assistant I 1.00 1.00 1.00 1.00
Senior Evidence/Prop Tech, Evidence/Prop Tech 2.00 2.00 2.00 2.00 Lead Community Services Officer 1.00 0.00 0.00 0.00
Sr Community Svcs Officer, Community Svcs Officer 5.00 4.00 4.00 4.00 Parking Ambassador 0.00 3.00 4.00 4.00
Code Compliance Investigator 1.00 1.00 1.00 1.00
Administrative Assistant II 1.00 1.00 1.00 1.00
Department Total 66.00 68.00 69.00 69.00 1.00
Total City Employees 206.25 208.34 214.00 215.79 3.00
4 of 4
328
XXXX ASSOCIATE ARCHITECT
Index Key Value Hourly Monthly
3400/XXXXX/01 53.24132 9,228
3400/XXXXX/02 55.90339 9,690
3400/XXXXX/03 58.69765 10,174
3400/XXXXX/04 61.63346 10,683
3400/XXXXX/05 64.71088 11,217
City of South Lake Tahoe
Salary Table Updates
Effective 5/07/2024
Approved by City Council 5/07/2024
1 of 1 329
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: May 7, 2024
Agenda Item #:10
Agenda Item: Levy of Assessment for Ski Run Business Improvement District for Business License Year 2024/2025
Executive Summary: The City Council must hold a public hearing and shall consider all protests from business owners within the Ski Run Business Improvement District, received either in writing and submitted to the City Clerk prior to the public hearing or presented orally at the public hearing. If a majority of businesses (based on their BID assessment) do not provide written protests, the Council may adopt a new Resolution confirming the report as originally filed or as changed. This will allow the Finance Department to include the BID assessments with the annual business license renewal billing beginning in May for the 2024/2025 business tax year.
Requested Action / Suggested Motions: Pass a Resolution confirming the Ski Run Business Improvement District annual report and levying the assessment for business license year 2024/2025.
Responsible Staff Member: Ben Hannah - Accountant II
Reviewed and Approved By: Olga Tikhomirova, Director of Finance Susan Blankenship, City Clerk Heather Stroud, City Attorney
Attachments:
01 - Staff Report Ski Run BID 05-07-2024.docx
02 - Resolution Levying Assessment.docx
03 - SRBID 2024-2025 Budget Proposal.pdf
04 SRBID 2024-2025 Budget Proposal_Prior Year vs Proposed.pdf 05 SRBID 2024-2025 Budget Proposal_Includes Measure S Recreation.pdf 06 - Ski Run BID Report 2024.pdf
07 - Friends of Ski Run Report 2024.pdf
08 - Ski Run BID Notice of Intent.pdf
330
Council Agenda Report- May 7, 2024