Agenda packet — South Lake Tahoe City Council, August 13, 2024 (part 2 of 4)

The CAL-Card has a number of controls and data reporting features. These controls are based upon the International Merchant Purchase Authorization Card (I.M.P.A.C.) program. These controls ensure that the card is only used by the authorized individuals for authorized purchases by programming the card with specific tracking codes prior to initial use of the card. These codes identify which merchants will accept the CAL-Card. They also specify the maximum dollar amounts authorized for the cardholder.

The following merchant category codes are excluded from the CAL-Card program (the cardholder is prohibited from purchasing these items):

A. Wire transfers and money orders
B. Financial institutions – manual and automatic cash advances C. Non-financial institutions – foreign currency, traveler’s checks, etc.

D. Convenience checks
E. Security brokers and dealers
F. Savings bonds
G. Timeshares
H. Betting, casino gaming chips, off-track betting
I. Political organizations
J. Religious organizations
K. Court costs including alimony and child support
L. Fines
M. Bail and bond payment
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9 In addition, these items are restricted from purchase using a Cal Card:

A. Services or Purchases that require a contract, PO, or signed agreement.

B. Fixed asset purchases ($10,000.00 or more) must be purchased with a purchase order.

C. Purchases over $9,999.00 requiring 3 bids.

D. Purchases of Alcohol
E. Purchase of electronic equipment such as cellular phones, computers, printers, monitors, hardware, software, etc. must be purchased , need to be approved by the Information Technology division only. Small purchases such as USB drives, keyboards, mouse, mouse pads etc. must be approved by IT for compatibility via email prior to purchase. Provide email documentation of approval with Cal Card Statement.

F. Purchase of vehicle parts, services, or small engine equipment such as snowblowers, lawnmowers etc., require approval of the FleetMotor Pool Ddivision. Provide email documentation of approval with Cal Card Statement.

G. Purchase of Gift Cards, Gift Certificates, E-Certificates.

H. Purchase of Meals (see Local Training Policy for exceptions).

I. Recurring charges (monthly fees, memberships, utilities, etc.) require Finance Department approval. Provide email documentation of approval with Cal Card Statement.

J. Purchases should not be split to circumvent per transaction and per-month credit limits, nor should multiple cards be used to purchase one item or service.

K. Portions of larger purchases whereas the total purchase may not be applicable for a Cal Card purchases or the Purchasing thresholds, for example deposits for a larger purchase.

L. Purchases that do not follow the City Code or Administrative Regulations for Purchasing
Restrictions related to the City’s Travel and Local Training Policies are addressed in a separate policies located on the City’s website under “Finance/ Financial Policies”, and in Public Folders in Outlook, under Finance Department, TravelTraining Policies.

The merchant will obtain authorization for the transaction via a direct link to the VISA authorization network or telephone line. The merchant will obtain an authorization number approving the purchase. The authorization will be denied if the purchase puts the CAL-Card over its limit or if the purchase is excluded by I.M.P.A.C.

10.) Approving Authority responsibilities
The Department Head in each department is the Approving Authority to determine which employees shall be issued CAL-Cards and the dollar limits for those cards. The Signature Authority in each department is responsible for insuring that all purchases comply with the City’s CAL-Card program and purchasing policies.

Other duties of the Signature Authority include:

A. Reviewing cardholder’s statements that all purchases are appropriate and are being charged to the correct account (budget) number.

B. Ensuring that all documentation (receipts, acknowledgements, packing slips, etc) are attached to the cardholder statement.

C. Signing and dating the cardholder statement on the “Approver” line to certify that the statement is correct.

D. Reporting to the head of the department and the Program Administrator any gross violations made by the cardholder.

E. Submitting all cardholder statements to Accounts Payable in a timely manner.

F. Resolving issues related to a cardholder’s purchase.

Delegation of Signature Authority:

Finance Director approves for: City Manager
City Manager approves for: Direct Report Employees, Department Heads, & City Clerk/Elected Officials
Department Heads approve for: Division Managers, City Employees Division Managers approve for: Direct Report Employees
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11 11.) Finance Department responsibilities
The Finance Department is responsible for administering the CAL-Card procurement card program as well as coordinating, developing, and administering a complete training program. This includes maintaining a CAL-Card handbook and the appropriate forms related to CAL-Card use.

Accounts Payable (A/P) is responsible for issuing the final payment to U.S.

Bank. A/P notifies the cardholder or Signature Authority if statement submissions are incomplete, such as receipts, account numbers, or signatures missing. A/P reports to the Purchasing division any violations of CAL-Card use by a cardholder A/P noticed at the time of paying the statement.

The Director of Finance and/or City Manager has the final City authority on cards that should be revoked or who should receive a CAL-Card and what the dollar limits should be. The Director of Finance serves as the Assistant Program Administrator in the absence of the Program Administrator.

12.) U.S. Bank responsibilities
U.S. Bank has been contracted by the State of
California Department of General Services to
administer the CAL-card procurement card
program. This includes all of the details
related to running a procurement card program including issuing cards, monitoring card use and correcting fraud issues, offering rebates for prompt payment, etc. U.S. Bank also makes available a website for transacting CALCard business.

13.) Reporting lost or stolen cards
The following information is from the CAL-Card website:

It is important to emphasize to cardholders the need to immediately notify U.S. Bank Customer Service of any CAL-Card loss or theft.

When a CAL-Card is lost or stolen, the cardholder must immediately notify U.S. Bank, their Approver and Program Administrator.

To notify U.S. Bank call: (800) 344-5696 or Outside the U.S. call collect: (701) 461-2020. These numbers are answered 24/7. U.S. Bank Customer Service will request the following information:
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12 1. Cardholder’s complete name

2. Account number

3. Circumstances surrounding the loss of the card

4. Any purchase(s) made on the day the card was lost or stolen

5. Details of last purchase amount and location

6. Cardholder verification information (one or all of these may be asked):
• Zip code
• Phone number
• Billing AddressNumber that is used in lieu of Social
Security number
Credit Limits
NOTE: This information is needed to protect the agency and to prevent fraudulent use of the lost or stolen card. Once the loss or theft has been reported to U.S. Bank, a new card, with new account number, will be mailed to the agency or cardholder within two business days. To facilitate billing and account reconciliation, purchases made after the cycle date and prior to the lost/stolen date, are automatically billed under the new account number assigned to the cardholder.

Cardholders should be advised to carefully review their new Statement of Account and immediately report any incorrect billings to U.S. Bank Customer Service at (800) 344-5696

14.) Fraudulent activity
The following information is from the CAL-Card website:

The U.S. Bank Fraud Prevention Unit continually monitors accounts and transactions to prevent and halt fraud activity. If fraud activity is suspected, U.S. Bank Fraud Prevention Unit may contact cardholders by telephone to verify transactions or inform them about the use (or attempted use) of their credit card in a fraudulent manner.

Cardholders can help prevent fraud by promptly responding to the Fraud Prevention Unit and by carefully reviewing their Statement of Account. If the cardholder discovers a fraudulent transaction, the cardholder should report it to U.S. Bank Customer Service, their Approving Authority and Program Administrator immediately. U.S.

Bank will work with the cardholder to confirm the validity of the transaction(s) in question. An affidavit may be mailed to the cardholder if the bank deems this necessary. It must be signed and returned. It may also be necessary to close the current account to prevent additional fraud activity. To help with the investigation, U.S. Bank may also request that the cardholder cut up the plastic card and return it to the Fraud Prevention Unit.

Direct any concerns about fraud on the CAL-Card to:
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13 U.S. Bank
Customer Service
(800) 344-5696
Hours: 24-hours-a-day, seven-days-a-week
IMPORTANT: The
cardholder must
also provide the
following
information to the
Program
Administrator:
• The account
number on which
the fraud has been
detected
• The date and
dollar amount of the
fraudulent
transaction(s)
• The date the
cardholder first
contacted, or was
contacted by, U.S.

Bank regarding the
fraud
• The name of the
U.S. Bank Fraud
Representative
investigating the
account
• The new account
number (if
established)
The cardholder
should reconcile
their Cardholder
Statement by
circling any
unauthorized item
and writing “fraud”
next to the items. Deduct the fraudulent charges from the total amount owed and/or process the statement as required by agency policy. Do not submit a cardholder Statement of Questioned Item form for fraudulent transactions. It is important for the cardholder to monitor subsequent Cardholder Statements to confirm credits are received to clear the fraud amounts and to apply the credits to clear the fraud charges from their accounts.
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CAL-Card Cardholder Handbook – 2024
14 15.) Disputed (questioned) items
The Card-holder’s Statement of Questioned Items form is available from the CAL-Card website. It details the most common reasons for a dispute over a CAL-Card charge. Contact the merchant first on disputed charges and attempt to resolve the issue
with the merchant.

If unable to
resolve the issue
with the merchant,
the next step is the
Cardholder
Statement of
Questioned Item
form. Follow the
instructions on the
form and submit
one copy to U.S.

Bank. The
cardholder should
submit a second
copy with their
monthly CALCard statement.

16.) Procedures
after
purchase /
reviewing
the
statement
It is recommended
that the cardholder
establishes a
routine that they
follow for each
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15 purchase made on their card. After a purchase, put the receipt or email confirmation of an order into a file folder that is specifically used to hold CALCard receipts. Packing slips can also be put into this folder. The cardholder should also label each receipt / confirmation / packing slip with the thirteen-digit account (budget) number.

U.S. Bank will send the cardholder a Statement of Account after the close of the billing cycle
on the 22nd
of each
month. The
statement
should
arrive in the
mail on
approximately the last day of the month. No statement will be sent if there have been no charges on the CAL-Card in the previous billing cycle. The Cardholder Statement itemizes each transaction that was posted to the card during that billing cycle. Statements are also available for viewing online; the Purchasing division can assist if a cardholder does not receive their statement by the 5th of the month.

The cardholder must review the statement for accuracy. Attach the receipts / confirmations / packing slips to the statement in the order listed on the statement.

It is helpful to number the receipts if there are multiple purchases and list that number next to that purchase on the statement. Attach any credit vouchers or notes about returned items. The thirteen digitthirteen-digit account (budget) 337
CAL-Card Cardholder Handbook – 2024
16 number for each purchase should also be clearly listed on the statement next to each purchase.

NOTE FROM ACCOUNTS PAYABLE: A Monthly Bank Card Purchase Report is required with submittal of monthly statement.

The Monthly Bank Card Purchase Report serves as an expense report. It also provides the detail necessary of the purchases that were made. A complete Description of Purchase is required.

It is the responsibil
NOTES ON SALES TAX / USE TAX: Out-of state merchants might not collect the State of California sales tax for the goods being sold. Nevertheless, the City is liable for the payment of this tax. In the “USE TAX” column on the report, enter the amount of sales tax that should have been collected by the merchant (aka “Use Tax”). The City is licensed to pay this amount directly to the State Board of Equalization in Sacramento.
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17 The statement with attached receipts must be submitted to Accounts Payable on time (by the 10th day of the month) even if the cardholder is out of the office.

17.) Missing or lost receipts
It is the responsibility of the cardholder to ensure that there is an itemized receipt for each and every purchase. It is understood that, on rare occasions, a receipt might be misplaced or
damaged. The cardholder
should make a diligent
effort to obtain a duplicate
receipt from the merchant
if the original is lost. If a
duplicate receipt cannot be
located, the cardholder
mustshould submit a Lost
Receipt Claim Form with
the statement. The form
should clearly detail what
was purchased along with
the merchant’s name and
address. The cardholder
also certifies on the form
that the purchase was made
for City business and that
every effort was made to
obtain a copy of the
receipt. The Lost
Receipt Claim Form is a
last resort and should be
used if no other
documentation is available.

A lost receipt should be a
rare occurrence for the
cardholder and must be
signed by the Department Head. A habitual problem with lost receipts can result in disciplinary action for the offending cardholder including the revoking of CALCard privileges. 339
CAL-Card Cardholder Handbook – 2024
18 18.) Increasing or decreasing the $ limit on a CAL-Card Typical he minimum initial dollar limits on a CAL-Card is usually:
$1,500.00 up to $7,000 maximum for a single purchase
$3,000.00 up to $10,000 maximum per billing cycle.

These amounts can vary depending on the Approving Authority’s departmental needs. The billing cycle starts on the 23rd of the month and ends on the 22nd of the following month.

The head of the
department may
request a higher
limit depending
upon the
responsibilities of
the cardholder. The
Director of Finance
has the final say on
determining the
dollar limit of the
card. To request a
temporary or
permanent change in
the CAL-Card limits
for a cardholder, the
head of the
employee’s
department/division
should fill out and
submit to Finance a
Request for a
Change to CalCard
Limits. Temporary
changes will revert
back to the original
limits at the start of
the new billing cycle
on the 23rd of the
month.
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19 19.) Cancellation of a CAL-Card
A CAL-Card is a privilege and not a right. A CAL-Card can be cancelled at any time and for any reason by the proper City authority. There are two main reasons for closing a CAL-Card: the cardholder is no longer employed by the City or the cardholder’s duties have changed and they no longer require a CAL-Card.

The employee should
turn in their CalALCcard to their
Approving Authority
when requested or as
part of the “Exit”
process when they
leave employment.

The card should be
sent to the Finance
Dept. to be destroyed.

A Cancellation of
Card form must be
filled out when a card
is destroyed. The
card-destroyer attests
that the card has been
shredded or otherwise
rendered unusable.

The completed form
is kept in a binder by
the Program
Administrator. This
form attests that the
City property (the
CAL-Card) has been
returned to the City.

The Cancellation of
Card form does not need to be filled out if an employee is receiving a new CALCard due to the card being closed by U.S. Bank. This can be because of thirdparty fraud or if the old card has expired or can no longer be used. The employee needs to complete a CalCard Receipt Acknowledgement form for the new card 341
CAL-Card Cardholder Handbook – 2024
20 and submit the completed form to Finance. An employee cannot have more than one active CAL-Card at a time.

20.) Discipline for improper use of the CAL-Card
Use of the CAL-Card is a privilege and not a right. CAL-Card holders are expected to maintain the highest standards of ethics when using the card.

Depending on the severity of the violation, the “Three-Strike Rule” is in effect:

1. The first improper use of the CAL-Card will result in a review of the policy and procedures with the cardholder by the Approving Authority.

2. The second impropepr use of the CAL-Card will result in a written warning to the Cal Card holder and their and a memo to the immediate supervisor and the Ddepartment Hhead.

3. The third instance of improper use will result in suspension of card use or termination of card use. An e-mail memo concerning the problem will be sent to the Department Head of the department, the Human Resources department, and the City Manager. Gross negligence or fraud by the card holder may result in additional discipline up to and including termination of employment.

21.) U.S. Bank Access Online electronic management program U.S. Bank Access Online is a web-based electronic program management tool that provides cardholders with quick access to their account information. It enables cardholders to view their account activity and billing statements online.

In addition, it aggregates the purchasing information for the City into one comprehensive database.

Visit web site https://wbt.access.usbank.com/ to register. Click on the “Register Online” link. Self-registration is intuitive. Enter the requested information. Type in the CAL-Card card number when asked for the “Account Number”. When asked to enter the “Organization Short Name”, please use CALCRD.

The site also offers tutorial lessons so that a cardholder can feel comfortable when using the website. A cardholder should contact the Program Administrator if they have difficulties registering with the site.

22.) Frequently asked questions (FAQs) about CAL-Card
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21 Questions and answers about the CAL-Card program can be found on the State of California Department of General Services website:
www.pd.dgs.ca.gov/calcard

23.) Forms
All forms required in this policy can be found in Outlook Public Folders/ Purchasing/ Forms or contact the Finance Department and they can be sent via e-mail.

24.) Contact Information
U.S. Bank Customer Service:

Toll free: 800-344-5696
Fax: 866-851-7347
CAL-Card Program Administrator:

Lori Marino, Principal Management Analyst
530-542-7410
CAL-Card Program Assistant Administrator:

Olga Tikhomirova, Director of Finance
530-542-7431
CAL-Card payments:

Akemi Nishimura, Accounts Payable
530-542-6061
530-542-6041 (fax)
Cardholder’s Approving Authority:
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22 Department Head
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23 345
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1 CAL-Card User Handbook
Table of Contents
Page Section number & title
2 1.) What is a “CAL-Card?”
3 2.) Advantages to the City for using the CAL-Card program 4 3.) CAL-Card ethics
5 4.) Obtaining a CAL-Card
6 5.) Receipt of a CAL-Card
6 6.) CAL-Card activation steps
7 7.) Cardholder responsibilities
8 8.) Restricted and prohibited purchases
9 9.) Merchant responsibilities (aka: What the seller does) 10 10.) Approving Authority responsibilities
11 11.) Finance Department responsibilities
11 12.) U.S. Bank responsibilities
11 13.) Reporting lost or stolen cards
12 14.) Fraudulent activity
14 15.) Disputed (questioned) items
14 16.) Procedures after purchase / reviewing the statement 17 17.) Missing or lost receipts
17 18.) Increasing or decreasing the $ limit on a CAL-Card 18 19.) Cancellation of a CAL-Card
19 20.) Discipline for improper use of the CAL-Card
20 21.) U.S. Bank Access Online electronic management program 20 22.) Frequently asked questions (FAQs) about CAL-Card 21 23.) Forms
21 24.) Contact information

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CAL-Card Cardholder Handbook – 2024
2 This handbook is intended to establish guidelines for the City of South Lake Tahoe CALCard holder. These guidelines establish basic policy and procedures in how to properly use the card.

City officials and employees seeking to learn more about the CAL-Card program should visit the State of California Department of General Services website: www.pd.dgs.ca.gov/calcard NOTE: The forms pictured in this handbook are for illustration purposes only.

Copies of the form may be obtained from the Public Folders on Microsoft Outlook.

Go to: Public Folders → All Folders → Purchasing → 2024 Cal Card Policy

1.) What is a “CAL-Card?”
The “CAL-Card” program is one of the payment methods used by the City of South Lake Tahoe for the purchase of goods generally costing less than $1,000.00. The State of California has a master
service agreement (MSA 5-06-99-01) with U. S.

Bank to provide VISA bankcard services. The
CAL-Card is a cost-free payment mechanism
available to government agencies such as the
City. The use of the CAL-Card was approved by
the City of South Lake Tahoe City Council on June 4, 2002. Currently, over 92 City of South Lake Tahoe employees hold a CAL-Card for day-to-day use or for use in a declared emergency.

CAL-Cards are procurement cards, not credit cards. The intent is to be used to purchase small dollar goods for convenience in conducting city business. The balance must be paid each billing cycle. These cards work just like a VISA charge card with the exception of a number of unique controls that have been developed specifically for the procurement card program.

CAL-Cards are not meant to replace traditional procurement methods such as contracts for services, purchase orders, direct payments, and Payment Requests, etc. CAL-Cards are essential when placing orders over the Internet. They simplify the purchase and payment of low-dollar value goods. More merchants, especially those out-of-state, do not accept a purchase order but will take a VISA payment.

CAL-Cards improve merchant relations by making it easier to do business with the City. First-time merchants do not have to send in a credit application. By using the CAL-card to make a purchase, the merchant is paid immediately for the 347
CAL-Card Cardholder Handbook – 2024
3 purchase. The City has up to 45 days to make payment on all of their purchases during the previous month. There is a rebate for prompt payment.

The CAL-Card is issued in the name of the cardholder and billed to the City of South Lake Tahoe. Graphics make it easy to distinguish a CAL-Card from personal card. U.S. Bank will have no cardholder information other than their name, work address and phone number. U.S Bank does not collect the cardholder’s social security number and they do not perform a credit check on the cardholder.

2.) Advantages to the City for using the CAL-Card program • VISA acceptance allows for an expanded supplier base
• Suppliers paid promptly
• Obtain goods when needed
• Walk-in, telephone, and on-line procurements
• Reduces the number of purchase orders
• Reduces or eliminates the need for petty cash
• Validated controls for the Cardholder and Program Administrator • No membership or administrative fees
• No minimum card count or spend amount
• Invoices due 45 days from invoice date
• Visa dispute rights, fraud protection and VISA Waiver Liability coverage • Streamlines the accounts payable process by reducing the number of checks issued
• Average Transaction, Volume Sales and Prompt Payment rebates.

The three rebates referenced above are computed as follows:

1. Average Transaction Rebate
The following formula will be used to determine the Average Transaction Incentive for each participating agency:
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CAL-Card Cardholder Handbook – 2024
4 Total Sales (Quarterly) x 0.75 = Average Transaction Rebate # of Transactions (Quarterly)
Distribution of the Quarterly Average Transaction Rebate shall include the following condition:

Computed Quarterly Average Transaction Rebate to the Participating Agency shall not exceed 2% of the Participating Agency's Quarterly Total Spend. Amount in excess of 2% of the Participating Agency's Quarterly Total Spend shall be forwarded to the Department of General Services under the heading of Administrative Fee - Excess Quarterly Average Transaction Rebate.

2. Volume Sales Rebate
The following formula will be used to determine the Volume Sale Incentive for each participating agency:

Total Sales (each individual participating agency) x .00393 = Volume Sales Rebate

3. Prompt Payment Rebate
The following formula will be used to determine the Prompt Payment Incentive for each participating agency:
(45- Client Held Days)/45X.0045XQuarterly Volume Sales

3.) CAL-Card ethics
Employee of the City of South Lake Tahoe should always conduct themselves with the highest level of ethics, and exercise good judgment in the stewardship of public funds. This especially applies to use of the CAL-Card. There are several controls built into the card and into the program that limit the potential for abuse.

When considering a questionable purchase, the cardholder should ask themselves:
“Would my manager, the City Council, and the public approve?” All City documents relating to purchases are public records and subject to disclosure under the California Public Records Act, including CAL-Card purchase records.
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CAL-Card Cardholder Handbook – 2024
5 4.) Obtaining a CAL-Card
The Department Head determines which full-time employees will be responsible for City purchases and should have a CAL-Card procurement card. The Department Head submits a Request for a CalCard Form to the Finance Department. This
form includes
employee
information and
justification for
requiring a CALCard. This request
is reviewed and
approved by the
Finance Dept.

Upon approval, the
Cal Card
Administrator
applies for a card
for the individual
through the U.S.

Bank website.

Generally, a card is
issued and received
in a week or less.

The new cardholder
must attend a
training session
detailing how to use
the CAL-Card and
the rights and
responsibilities of a CAL-Card holder. A copy of this guidebook is given to the new cardholder and should be kept it as a reference. Contact the Program Administrator if additional training is required.
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6 5.) Receipt of a CAL-Card
The new cardholder must sign a CalCard Receipt Acknowledgement form that details information about the card issued, including the card number and dollar limits. This signed
acknowledgement
is kept in an
employee file in the
Finance Dept. The
card must be
surrendered when
the cardholder
leaves the employ
of the City. This
form must also be
signed if an
employee receives a
new card due to
original card being
lost, stolen, or
cancelled due to
fraudulent activity.

6.) CAL-Card
activation steps
The new cardholder
should follow the
steps below to
activate their new
CAL-Card. The following information should be on hand before the call is made:
the 16-digit account (card) number, the mailing address and zip code, the business telephone number and the 4-digit numeric number designated by the Program Administrator.

A. Call 1-800-344-5696 from a touch-tone phone.

B. Respond to each of the following prompts.

C. “Welcome to the Corporate Payment Systems Customer Service. Please enter your 16-digit account (card) number”.

D. “Please enter the 5-digit ZIP code of your mailing address.” E. “To activate your account, press 1”.
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CAL-Card Cardholder Handbook – 2024
7 F. “To activate your account number, please key in the last four digits of your card. Do not enter your social security number. Use the 4-digit numeric number designated by the Program Administrator rather than your social security number.

G. “Please enter your business telephone number, beginning with the area code.”
H. “Your account has been successfully activated. Thank you.”

7.) Cardholder
responsibilities
Once training has been
completed, the
cardholder must sign a
Cardholder
Agreement form to
acknowledge they are
familiar with, and
adhere to, the City’s
policies and
procurement guidelines.

The CAL-Card is a
privilege granted by the
City and this privilege
can be revoked at any
time and for any
reason.

There are several
responsibilities related
to the issuance of a
CAL-Card:

A. City Code chapter 3.45 regarding Purchasing Policies and Procedures applies to all CAL-Card purchases.

B. The cardholder must ensure that there are sufficient funds in the account that will be used to pay for the purchase.

C. The card must be signed on the back in the signature panel.

D. The card holder must obtain an itemized receipt at the point of purchase and verify it for accuracy.

E. The card must be kept secure at all times and is not to be used by anyone other than the cardholder.
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8 F. The cardholder must notify U.S. Bank Customer Service of any billing discrepancies, fraudulent activity, or lost or stolen cards.

G. The cardholder must notify the Program Administrator of name, address, telephone, or other changes to their account.

H. The cardholder must review the monthly statement for accuracy and ensure that it is submitted to their Approving Authority in a timely manner.

I. The least expensive item that suits the needs of the purchase should be what is purchased.

Violations in any of the above areas are grounds for revocation of all CALCard privileges.

8.) Restricted and prohibited purchases
The CAL-Card can be used at any merchant that accepts VISA cards for payments of purchases. However, there are some restrictions built into the procurement card that do not exist for personal credit cards.

The following merchant category codes are excluded from the CAL-Card program (the cardholder is prohibited from purchasing these items):

A. Wire transfers and money orders
B. Financial institutions – manual and automatic cash advances C. Non-financial institutions – foreign currency, traveler’s checks, etc.

D. Convenience checks
E. Security brokers and dealers
F. Savings bonds
G. Timeshares
H. Betting, casino gaming chips, off-track betting
I. Political organizations
J. Religious organizations
K. Court costs including alimony and child support
L. Fines
M. Bail and bond payment
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9 In addition, these items are restricted from purchase using a Cal Card:

A. Services or Purchases that require a contract, PO, or signed agreement.

B. Fixed asset purchases ($10,000.00 or more) must be purchased with a purchase order.

C. Purchases over $9,999.00 requiring 3 bids.

D. Purchases of Alcohol
E. Purchase of electronic equipment such as cellular phones, computers, printers, monitors, hardware, software, etc. must be purchased by the Information Technology division only. Small purchases such as USB drives, keyboards, mouse, mouse pads etc. must be approved by IT for compatibility via email prior to purchase.

F. Purchase of vehicle parts, services, or small engine equipment such as snowblowers, lawnmowers etc., require approval of the Fleet Division.

Provide email documentation of approval with Cal Card Statement.

G. Purchase of Gift Cards, Gift Certificates, E-Certificates.

H. Purchase of Meals (see Local Training Policy for exceptions).

I. Recurring charges (monthly fees, memberships, utilities, etc.) require Finance Department approval. Provide email documentation of approval with Cal Card Statement.

J. Purchases should not be split to circumvent per transaction and per-month credit limits, nor should multiple cards be used to purchase one item or service.

K. Portions of larger purchases whereas the total purchase may not be applicable for a Cal Card purchases or the Purchasing thresholds, for example deposits for a larger purchase.

L. Purchases that do not follow the City Code or Administrative Regulations for Purchasing
Restrictions related to the City’s Travel and Local Training Policies are addressed in separate policies located on the City’s website under “Finance/ Financial Policies”, and in Public Folders in Outlook, under Finance Department, TravelTraining Policies.

9.) Merchant responsibilities (aka: What the seller does) The merchant, upon presentation of the CAL-card for a purchase, completes a sales draft. The card number, expiration date, cardholder name and sometimes the three-digit number on the back of the card are collected. The date and amount of the purchase are recorded along with a brief description of the item(s) being purchased. The transaction will also bear the merchant’s name and identification. 354
CAL-Card Cardholder Handbook – 2024
10 The merchant will obtain authorization for the transaction via a direct link to the VISA authorization network or telephone line. The merchant will obtain an authorization number approving the purchase. The authorization will be denied if the purchase puts the CAL-Card over its limit or if the purchase is excluded by I.M.P.A.C.

Other duties of the Signature Authority include:

A. Reviewing cardholder’s statements that all purchases are appropriate and are being charged to the correct account (budget) number.

B. Ensuring that all documentation (receipts, acknowledgements, packing slips, etc) are attached to the cardholder statement.

C. Signing and dating the cardholder statement on the “Approver” line to certify that the statement is correct.

D. Reporting to the head of the department and the Program Administrator any gross violations made by the cardholder.

E. Submitting all cardholder statements to Accounts Payable in a timely manner.

F. Resolving issues related to a cardholder’s purchase.

Delegation of Signature Authority:

Finance Director approves for: City Manager
City Manager approves for: Direct Report Employees, Department Heads, & City Clerk/Elected Officials
Department Heads approve for: Division Managers, City Employees Division Managers approve for: Direct Report Employees
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CAL-Card Cardholder Handbook – 2024
11 11.) Finance Department responsibilities
The Finance Department is responsible for administering the CAL-Card procurement card program as well as coordinating, developing, and administering a complete training program. This includes maintaining a CAL-Card handbook and the appropriate forms related to CAL-Card use.

Accounts Payable (A/P) is responsible for issuing the final payment to U.S.

13.) Reporting lost or stolen cards
The following information is from the CAL-Card website:

It is important to emphasize to cardholders the need to immediately notify U.S. Bank Customer Service of any CAL-Card loss or theft.

When a CAL-Card is lost or stolen, the cardholder must immediately notify U.S. Bank, their Approver and Program Administrator.

To notify U.S. Bank call: (800) 344-5696 or Outside the U.S. call collect: (701) 461-2020. These numbers are answered 24/7. U.S. Bank Customer Service will request the following information:

1. Cardholder’s complete name
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CAL-Card Cardholder Handbook – 2024
12 2. Account number

3. Circumstances surrounding the loss of the card

4. Any purchase(s) made on the day the card was lost or stolen

5. Details of last purchase amount and location

6. Cardholder verification information (one or all of these may be asked):
• Zip code
• Phone number
• Billing Address
Credit Limits
NOTE: This information is needed to protect the agency and to prevent fraudulent use of the lost or stolen card. Once the loss or theft has been reported to U.S. Bank, a new card, with new account number, will be mailed to the agency or cardholder within two business days. To facilitate billing and account reconciliation, purchases made after the cycle date and prior to the lost/stolen date, are automatically billed under the new account number assigned to the cardholder.

Cardholders should be advised to carefully review their new Statement of Account and immediately report any incorrect billings to U.S. Bank Customer Service at (800) 344-5696

14.) Fraudulent activity
The following information is from the CAL-Card website:

Direct any concerns about fraud on the CAL-Card to:

U.S. Bank
Customer Service
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CAL-Card Cardholder Handbook – 2024
13 (800) 344-5696
Hours: 24-hours-a-day, seven-days-a-week
IMPORTANT: The
cardholder must
also provide the
following
information to the
Program
Administrator:
• The account
number on which
the fraud has been
detected
• The date and
dollar amount of the
fraudulent
transaction(s)
• The date the
cardholder first
contacted, or was
contacted by, U.S.

Bank regarding the
fraud
• The name of the
U.S. Bank Fraud
Representative
investigating the
account
• The new account
number (if
established)
The cardholder
should reconcile
their Cardholder
Statement by
circling any
unauthorized item
and writing “fraud”
next to the items. Deduct the fraudulent charges from the total amount owed and/or process the statement as required by agency policy. Do not submit a cardholder Statement of Questioned Item form for fraudulent transactions. It is important for the cardholder to monitor subsequent Cardholder Statements to confirm credits are received to clear the fraud amounts and to apply the credits to clear the fraud charges from their accounts.
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14 15.) Disputed (questioned) items
The Card-holder’s Statement of Questioned Items form is available from the CAL-Card website. It details the most common reasons for a dispute over a CAL-Card charge. Contact the merchant first on disputed charges and attempt to resolve the issue
with the merchant.

If unable to
resolve the issue
with the merchant,
the next step is the
Cardholder
Statement of
Questioned Item
form. Follow the
instructions on the
form and submit
one copy to U.S.

Bank. The
cardholder should
submit a second
copy with their
monthly CALCard statement.

16.) Procedures
after
purchase /
reviewing
the
statement
It is recommended
that the cardholder
establishes a
routine that they
follow for each
purchase made on
their card. After a purchase, put the receipt or email confirmation of an order into 359
CAL-Card Cardholder Handbook – 2024
15 a file folder that is specifically used to hold CAL-Card receipts. Packing slips can also be put into this folder. The cardholder should also label each receipt / confirmation / packing slip with the thirteen-digit account (budget) number.

U.S. Bank will send the cardholder a Statement of Account after the close of the billing cycle on the 22nd of each month. The statement should arrive in the mail on approximately the last day of the month. No statement will be sent if there have been
no charges
on the
CAL-Card
in the
previous
billing
cycle. The
Cardholder
Statement
itemizes
each
transaction
that was
posted to the
card during
that billing
cycle.

Statements
are also
available for
viewing
online; the Purchasing division can assist if a cardholder does not receive their statement by the 5th of the month.

The cardholder must review the statement for accuracy. Attach the receipts / confirmations / packing slips to the statement in the order listed on the statement.

It is helpful to number the receipts if there are multiple purchases and list that number next to that purchase on the statement. Attach any credit vouchers or notes about returned items. The thirteen-digit account (budget) number for each purchase should also be clearly listed on the statement next to each purchase.

NOTE FROM ACCOUNTS PAYABLE: A Monthly Bank Card Purchase Report is required with submittal of monthly statement. 360
CAL-Card Cardholder Handbook – 2024
16 The Monthly Bank Card Purchase Report serves as an expense report. It also provides the detail necessary of the purchases that were made. A complete Description of Purchase is required.

NOTES ON SALES TAX / USE TAX: Out-of state merchants might not collect the State of California sales tax for the goods being sold. Nevertheless, the City is liable for the payment of this tax. In the “USE TAX” column on the report, enter the amount of sales tax that should have been collected by the merchant (aka “Use Tax”). The City is licensed to pay this amount directly to the State Board of Equalization in Sacramento.

The statement with attached receipts must be submitted to Accounts Payable on time (by the 10th day of the month) even if the cardholder is out of the office. 361
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17 17.) Missing or lost receipts
It is the responsibility of the cardholder to ensure that there is an itemized receipt for each and every purchase. It is understood that, on rare occasions, a receipt might be misplaced or
damaged. The cardholder
should make a diligent
effort to obtain a duplicate
receipt from the merchant
if the original is lost. If a
duplicate receipt cannot be
located, the cardholder
must submit a Lost
Receipt Claim Form with
the statement. The form
should clearly detail what
was purchased along with
the merchant’s name and
address. The cardholder
also certifies on the form
that the purchase was made
for City business and that
every effort was made to
obtain a copy of the
receipt. The Lost
Receipt Claim Form is a
last resort and should be
used if no other
documentation is available.

A lost receipt should be a
rare occurrence for the
cardholder and must be
signed by the Department Head. A habitual problem with lost receipts can result in disciplinary action for the offending cardholder including the revoking of CALCard privileges. 362
CAL-Card Cardholder Handbook – 2024
18 18.) Increasing or decreasing the $ limit on a CAL-Card Typical dollar limits on a CAL-Card is usually:
$1,500.00 up to $7,000 maximum for a single purchase
$3,000.00 up to $10,000 maximum per billing cycle.

These amounts can vary depending on the Approving Authority’s departmental needs. The billing cycle starts on the 23rd of the month and ends on the 22nd of the following month.

The head of the
department may
request a higher
limit depending
upon the
responsibilities of
the cardholder. The
Director of Finance
has the final say on
determining the
dollar limit of the
card. To request a
temporary or
permanent change in
the CAL-Card limits
for a cardholder, the
head of the
employee’s
department/division
should fill out and
submit to Finance a
Request for a
Change to CalCard
Limits. Temporary
changes will revert
back to the original
limits at the start of
the new billing cycle
on the 23rd of the
month.
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CAL-Card Cardholder Handbook – 2024
19 19.) Cancellation of a CAL-Card
A CAL-Card is a privilege and not a right. A CAL-Card can be cancelled at any time and for any reason by the proper City authority. There are two main reasons for closing a CAL-Card: the cardholder is no longer employed by the City or the cardholder’s duties have changed and they no longer require a CAL-Card.

The employee should
turn in their Cal-Card
to their Approving
Authority when
requested or as part of
the “Exit” process
when they leave
employment. The
card should be sent to
the Finance Dept. to
be destroyed. A
Cancellation of Card
form must be filled
out when a card is
destroyed. The carddestroyer attests that
the card has been
shredded or otherwise
rendered unusable.

The completed form
is kept in a binder by
the Program
Administrator. This
form attests that the
City property (the
CAL-Card) has been
returned to the City.

The Cancellation of
Card form does not need to be filled out if an employee is receiving a new CALCard due to the card being closed by U.S. Bank. This can be because of thirdparty fraud or if the old card has expired or can no longer be used. The employee needs to complete a CalCard Receipt Acknowledgement form for the new card and submit the completed form to Finance. An employee cannot have more than one active CAL-Card at a time.
364
CAL-Card Cardholder Handbook – 2024
20 20.) Discipline for improper use of the CAL-Card
Use of the CAL-Card is a privilege and not a right. CAL-Card holders are expected to maintain the highest standards of ethics when using the card.

Depending on the severity of the violation, the “Three-Strike Rule” is in effect:

1. The first improper use of the CAL-Card will result in a review of the policy and procedures with the cardholder by the Approving Authority.

2. The second improper use of the CAL-Card will result in a written warning to the Cal Card holder and their Department Head.

3. The third instance of improper use will result in suspension of card use or termination of card use. An e-mail concerning the problem will be sent to the Department Head, the Human Resources department, and the City Manager. Gross negligence or fraud by the card holder may result in additional discipline up to and including termination of employment.

In addition, it aggregates the purchasing information for the City into one comprehensive database.

22.) Frequently asked questions (FAQs) about CAL-Card
Questions and answers about the CAL-Card program can be found on the State of California Department of General Services website:
www.pd.dgs.ca.gov/calcard
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CAL-Card Cardholder Handbook – 2024
21 23.) Forms
All forms required in this policy can be found in Outlook Public Folders/ Purchasing/ Forms or contact the Finance Department and they can be sent via e-mail.

24.) Contact Information
U.S. Bank Customer Service:

Toll free: 800-344-5696
Fax: 866-851-7347
CAL-Card Program Administrator:

Lori Marino, Principal Management Analyst
530-542-7410
CAL-Card Program Assistant Administrator:

Olga Tikhomirova, Director of Finance
530-542-7431
CAL-Card payments:

Akemi Nishimura, Accounts Payable
530-542-6061
530-542-6041 (fax)
Cardholder’s Approving Authority:

Department Head
366
CAL
-Card Cardholder Handbook– 2024
22 367
City of SLT Financial Policies – Preserving Capital Investments 1 Rev. September August 20243 Financial Policies:

Preserving Capital Investments - Fixed Assets
Capitalization and Inventory Control Policy
The City invests in capital assets such as property, plant, equipment, facilities and infrastructure. Preservation of such investments through regular maintenance and a long-term renovation plan is necessary to preserve the value of such capital investments. The City must also plan for the replacement of capital investments (particularly vehicles and equipment). The following policy requirements are intended to ensure the proper accounting and preservation of capital investments; and to provide a sound economic base for their replacement.

1. The budget should provide sufficient funding for adequate maintenance, renovation and the orderly replacement of capital assets such as equipment, fleet, facilities, streets and parks.

2. All capital assets should be maintained at a level that protects capital investment and minimizes future maintenance and replacement costs.

3. A five-year schedule of equipment replacement and maintenance needs, as well as facilities, streets and parks renovation and maintenance needs should be prepared on an annual basis. Expenditures consistent with such plans shall be included in annual budget appropriations.

A. Capital Assets Definition, Classes, and Capitalization Thresholds The City defines capital assets as any assets used in operations with an estimated useful life in excess of three years that have a value equal to or greater than the capitalization threshold for their respective asset class.

The Asset Classes and Capitalization Thresholds have been established as follows:

Asset Class Threshold
Land $50,000
Buildings/Building Improvements $50,000/$10,000
Improvements Other Than Buildings $10,000
Vehicles, Machinery, Specialty and Office Equipment $10,000 Intangibles $100,000
Infrastructure $200,000
Construction in progress $50,000
Lease purchase assets Use threshold for the
appropriate asset class
The threshold will generally not be applied to components of fixed assets.

368
City of SLT Financial Policies – Preserving Capital Investments 2 Rev. September August 20243

1. Cost of Capital Assets
Capital Assets are recorded at historical cost or estimated historical cost if purchased or constructed. The cost should include ancillary charges necessary to place the asset into its intended location and condition for use.

Items to include in the cost of capital asset are as follows:
 Original contract or invoice price
 Freight and transportation charges
 Handling and storage charges
 In-transit insurance charges
 Sales, use, and other taxes imposed on the acquisition  Installation charges
 Charges for testing and preparation for use
 Site preparation costs
 Professional fees
The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized.

Donated capital assets are valued at their fair value on the date of donation.

2. Depreciating Capital Assets
Property, plant and equipment, depreciable infrastructure and intangible assets of the City shall be depreciated using the straight-line method and applying the half-year convention method over the following useful lives.

Asset Class Years
Buildings/Building Improvements 10-40
Improvements Other Than Buildings 3-10
Vehicles, Machinery, Specialty and Office Equipment 3-20 Intangibles (subject to depreciation/amortization) As limited by contractual or legal
provisions.

Infrastructure 10-40
It is the City’s policy that capital assets have no residual value at the end of their lives. Land, Construction-in-Progress and certain intangible assets are not depreciated. If the asset is disposed of before the end of its useful life, a half-year of depreciation is allowable for the year of disposition.

369
City of SLT Financial Policies – Preserving Capital Investments 3 Rev. September August 20243

3. Capital Assets Classes
Land
The surface of the earth, which can be used to support structures and roadways. Land is characterized as having an unlimited life (inexhaustible).

Includes the cost of land itself and the cost of preparing land for its intended uses. Examples of items that might be capitalized as part of the cost of land include basic site improvements (e.g., excavation, fill, and grading), as well as the cost of removing, relocating, or reconstructing the property of others (e.g., power lines).

Buildings and Building Improvements
A structure that is permanently attached to the land, has a roof, is partially or completely enclosed by walls, and is not intended to be transportable or moveable.

Improvements to existing buildings that materially extend the useful life of a building, increase the value of a building, or both should be capitalized. The improvement must meet one of the following criteria:
 The improvement adds square footage to the existing building.  The improvement is a major renovation that prepares an existing building for a new use.
 The improvement expenditure increases the life or value of the building by 25 percent of the original life or cost.

The cost of an improvement (or betterment) normally is added to the cost of the related structure, rather than treated as a separate asset.

Examples of expenditures to be capitalized as building improvements are as follows:
 Replacement of an old shingle roof with a new fireproof tile roof  Upgrade of heating and cooling systems
 Structures attached to the building such as covered patios, sunrooms, garages, carports, enclosed stairwells, etc.
 Structural changes such as reinforcement of floors or walls, installation or replacement of beams, joists, steel grids, or other interior framing.

The following are examples of expenditures not to capitalize as improvements to buildings. Instead, these items should be recorded as maintenance expense:
 Adding, removing and/or moving of walls relating to renovation projects that are not considered major rehabilitation projects and do not increase the value or life of the building
370
City of SLT Financial Policies – Preserving Capital Investments 4 Rev. September August 20243  Plumbing or electrical repairs
 Cleaning, pest extermination, or other periodic maintenance  Interior decoration, such as draperies, blinds, curtain rods, wallpaper  Maintenance-type interior renovation, such as repainting, touch-up, plastering, replacement of carpet, tile, or panel sections; sink and fixture refinishing, etc.
 Maintenance-type exterior renovation such as repainting, replacement of deteriorated siding, roof, or masonry sections  Replacement of a part or component of a building with a new part of the same type and performance capabilities, such as replacement of an old boiler with a new one of the same type and performance capabilities

Improvements Other Than Buildings
This major asset class is used for permanent (i.e., non-moveable) improvements, other than buildings, that add value to land, but do not have an indefinite useful life. Examples include fences, retaining walls, parking lots, and most landscaping. Moveable items (e.g., picnic table in a park) should be classified as furnishings and equipment.

Vehicles, Machinery, Specialty and Office Equipment
Fixed or movable tangible assets to be used for operations, the benefits of which extend beyond one year from date of acquisition and rendered into service.

Examples of expenditures to be capitalized in this class include but are not limited to:

Vehicles
Computers and servers
Machinery
Furniture and fixtures
Intangible Assets
Intangible assets are characterized as lacking physical form (e.g., computer software, water rights, easements, and patents). Certain intangibles provide benefits indefinitely. In that case, no amortization expense would be recognized. Intangibles with the length of their life limited by contractual or legal provisions should be amortized over the period stated in the provisions.

Easements are interest in land owned by another that entitles its holder to a specific limited use. The estimated value of easements is immaterial and therefore will not be capitalized.

A right-of-way is a type of easement in which title remains with the property owner and therefore is not capitalized.
371
City of SLT Financial Policies – Preserving Capital Investments 5 Rev. September August 20243 Infrastructure
Long-lived capital assets that normally are stationary in nature and are of value only to the City. Include, but are not limited to: roads and streets, curbs, gutters, bridges, streetlights, sidewalks, streetscape, bike paths, storm-water drainage improvements, roadway resurfacing, basin and stream environment zone construction, ramps, airfields and runways in Airport Enterprise fund. For the purpose of reporting this major class is separated into subclasses, such as Streets, Bike Paths, Streetscape, Basin and SEZ Construction, and Runways.

Construction in Progress
This major class is used for costs incurred to construct or develop a tangible or intangible capital asset before it is substantially ready to be placed into service. The costs should remain in this category until all retention money has been paid (at which time the asset would be reclassified into the appropriate major class).

B. Capital Assets Accountability and Control
When capital assets are acquired or deeded to the City, copies of related documents shall be routed to the Finance Department in a timely manner to ensure these assets are recorded in the City’s financial records.

Department heads are ultimately responsible for safeguarding its fixed assets from theft or loss. However, the Finance Department does recognize and acknowledge its responsibility to establish and maintain systems and procedures that enable department heads and program managers to properly safeguard their assets.

In general, inventory control is applied only to movable fixed assets (generally these falling into the “Vehicles, Machinery and Equipment” category), and not to land, buildings, or other immovable fixed assets. Fixed assets subject to inventory control will be accounted for and controlled through the same systems and procedures used to account and control fixed assets subject to capitalization.

Fixed assets will be subject to inventory control if they meet at least one (1) of the following criteria:
a. The original cost of the fixed asset is equal to or greater than $10,000 if classified as equipment, $50,000 if classified as buildings or land, or $200,000 if classified as infrastructure.
b. Any asset less than the capitalization threshold, as recommended by the Finance Director. This may include certain machinery and equipment that, due to portability, value outside of the office, or character, are susceptible to theft and/or loss. It may include computer equipment and electronic devices such as laptops and iPhones, guns, weapons, and other movable items. Also included may be any asset requested by a department to be controlled in order to satisfy an internal (operational) or external 372
City of SLT Financial Policies – Preserving Capital Investments 6 Rev. September August 20243 requirement. For example, the Finance Department (may wish to) tracks all computer hardware in order to establish replacement and upgrade requirements for both hardware and system software.
c. Any asset required to be controlled and separately reported pursuant to grant conditions or any other externally imposed reporting requirement.

Procedure: The goal is to tag all fixed assets that fall within the above categories without affecting the functionality or value of the product. Tags should be placed on the back of the equipment, somewhere where they can be found, but not necessarily stand out. The fixed asset addition form (Exhibit I) should be filled out as much as possible. A complete description of the asset should be obtained showing manufacturer, model, serial #, color and any other identifying criteria. The date purchased and cost should be entered when known. If not known, please estimate and mark (est.) after the data. It is understood that logistically some items cannot be tagged. These items still need to be inventoried and the information maintained in a department file.

C. Capital Assets Purchased with Federal Funds
Equipment (Capital Assets) purchased with Federal funds must follow Code of Federal Regulations CFR §200.313 and §200.439.

These guidelines can be found at the following link: https://www.ecfr.gov/cgibin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.

1. Capital expenditures for special purpose equipment are allowable as direct costs, provided items with a unit cost of $5,000 or more have the prior written approval of the Federal awarding agency or pass-through entity.

Effective 10/1/2024, rate is increased to $10,000 per Section 2 §CFR 200.313 and §200.439.

2. Equipment must be used in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by the Federal award.

3. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, at a minimum, meet the following requirements:
 Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.
373
City of SLT Financial Policies – Preserving Capital Investments 7 Rev. September August 20243  A physical inventory of the property must be taken, and the results reconciled with the property records at least once every two years.  Control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated.
 Adequate maintenance procedures must be developed to keep the property in good condition.
 If the City is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return.

See CFR §200.313 (e) Disposition, for guidelines.

Surplus property shall be identified by the department, officially declared to the City Council, and after approval, eliminated from the fixed asset accountability list and sold at auction or to any organization or non-employee willing to pay fair market price, Alternatively, the city council may elect to donate or destroy the same in accordance with whatever provision and/or terms and conditions the city council may, in its discretion, elect.

In the event any single item of property is less than $10,000, the finance director shall have the authority to sell, or dispose of such surplus supplies or equipment by donation to local schools or nonprofit organizations, or if surplus has no value, by disposal at a refuse company, Proceeds from sale of surplus property will be allocated to the City’s General fund or Vehicle Replacement fund unless the property was originally purchased under contractual obligations with monies from a specific fund, in which case, the proceeds will be returned to that fund.

Disposal of any real property shall be conducted in accordance with all applicable requirements of the Government Code, including but not limited to Government Code sections 50569, 65402, and 54220, et seq. Before disposing of any surplus property, the applicable department head shall ascertain the source of funds used to purchase the property and ensure that disposal will not violate any grant conditions or other applicable restrictions.

Accounting for Leases: Leases that do not transfer substantially all the benefits and risks of ownership are operating leases.

Capitalize a lease that transfers substantially all of the benefits and risks of property ownership, provided the lease is non-cancelable (only non-cancelable leases may be capitalized). One or more of four criteria must be met:

1. Transfers ownership to the lessee.

2. Contains a bargain purchase option.

3. Lease term is equal to or greater than 75 percent of the estimated economic life of the leased property.

4. The present value of the minimum lease payments (excluding executor costs) equals or exceeds 90 percent of the fair value of the lease property. 374
City of SLT Financial Policies – Preserving Capital Investments 8 Rev. September August 20243 Account Coding: The account coding to be used for the purchase of capital outlay will be as follows:

For items costing $10,000 or more (these are considered Fixed Assets) use:

Object code # 46010 – Land
Object code # 46020 – Buildings and Building Improvements Object code # 46030 – Improvements Other Than Buildings Object code # 46110 – Machinery & Equipment ($10,000)
Object code # 46122 – Software
Object code # 46130 – Vehicles
Object code # 46140 – Furniture and Fixtures
For items costing less than $10,000 per unit (these are NOT considered Fixed Assets) use:

Object code # 46120 – Tools, Parts and Leases less than $10,000.

375
City of SLT Financial Policies – Preserving Capital Investments 9 Rev. September August 20243 Attachments:

Exhibit I – Sample of Fixed Asset Addition Form

376
City of SLT Financial Policies – Preserving Capital Investments 10 Rev. September August 20243 377
City of SLT Financial Policies – Preserving Capital Investments 1 Rev. August 2024 Financial Policies:

1. The budget should provide sufficient funding for adequate maintenance, renovation and the orderly replacement of capital assets such as equipment, fleet, facilities, streets and parks.

2. All capital assets should be maintained at a level that protects capital investment and minimizes future maintenance and replacement costs.

The Asset Classes and Capitalization Thresholds have been established as follows:

Asset Class Threshold
Land $50,000
Buildings/Building Improvements $50,000/$10,000
Improvements Other Than Buildings $10,000
Vehicles, Machinery, Specialty and Office Equipment $10,000 Intangibles $100,000
Infrastructure $200,000
Construction in progress $50,000
The threshold will generally not be applied to components of fixed assets.

378
City of SLT Financial Policies – Preserving Capital Investments 2 Rev. August 2024

Donated capital assets are valued at their fair value on the date of donation.

379
City of SLT Financial Policies – Preserving Capital Investments 3 Rev. August 2024

3. Capital Assets Classes
Land
The surface of the earth, which can be used to support structures and roadways. Land is characterized as having an unlimited life (inexhaustible).

The cost of an improvement (or betterment) normally is added to the cost of the related structure, rather than treated as a separate asset.

The following are examples of expenditures not to capitalize as improvements to buildings. Instead, these items should be recorded as maintenance expense:
 Adding, removing and/or moving of walls relating to renovation projects that are not considered major rehabilitation projects and do not increase the value or life of the building
380
City of SLT Financial Policies – Preserving Capital Investments 4 Rev. August 2024  Plumbing or electrical repairs
 Cleaning, pest extermination, or other periodic maintenance  Interior decoration, such as draperies, blinds, curtain rods, wallpaper  Maintenance-type interior renovation, such as repainting, touch-up, plastering, replacement of carpet, tile, or panel sections; sink and fixture refinishing, etc.
 Maintenance-type exterior renovation such as repainting, replacement of deteriorated siding, roof, or masonry sections  Replacement of a part or component of a building with a new part of the same type and performance capabilities, such as replacement of an old boiler with a new one of the same type and performance capabilities

Examples of expenditures to be capitalized in this class include but are not limited to:

Easements are interest in land owned by another that entitles its holder to a specific limited use. The estimated value of easements is immaterial and therefore will not be capitalized.

A right-of-way is a type of easement in which title remains with the property owner and therefore is not capitalized.
381
City of SLT Financial Policies – Preserving Capital Investments 5 Rev. August 2024 Infrastructure
Long-lived capital assets that normally are stationary in nature and are of value only to the City. Include, but are not limited to: roads and streets, curbs, gutters, bridges, streetlights, sidewalks, streetscape, bike paths, storm-water drainage improvements, roadway resurfacing, basin and stream environment zone construction, ramps, airfields and runways in Airport Enterprise fund. For the purpose of reporting this major class is separated into subclasses, such as Streets, Bike Paths, Streetscape, Basin and SEZ Construction, and Runways.

Fixed assets will be subject to inventory control if they meet at least one (1) of the following criteria:
a. The original cost of the fixed asset is equal to or greater than $10,000 if classified as equipment, $50,000 if classified as buildings or land, or $200,000 if classified as infrastructure.
b. Any asset less than the capitalization threshold, as recommended by the Finance Director. This may include certain machinery and equipment that, due to portability, value outside of the office, or character, are susceptible to theft and/or loss. It may include computer equipment and electronic devices such as laptops and iPhones, guns, weapons, and other movable items. Also included may be any asset requested by a department to be controlled in order to satisfy an internal (operational) or external requirement. For example, the Finance Department (may wish to) tracks all 382
City of SLT Financial Policies – Preserving Capital Investments 6 Rev. August 2024 computer hardware in order to establish replacement and upgrade requirements for both hardware and system software.
c. Any asset required to be controlled and separately reported pursuant to grant conditions or any other externally imposed reporting requirement.

C. Capital Assets Purchased with Federal Funds
Equipment (Capital Assets) purchased with Federal funds must follow Code of Federal Regulations CFR §200.313 and §200.439.

These guidelines can be found at the following link: https://www.ecfr.gov/cgibin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.

Effective 10/1/2024, rate is increased to $10,000 per Section 2 §CFR 200.313 and §200.439.

2. Equipment must be used in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by the Federal award.

3. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, at a minimum, meet the following requirements:
 Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.
 A physical inventory of the property must be taken, and the results reconciled with the property records at least once every two years. 383
City of SLT Financial Policies – Preserving Capital Investments 7 Rev. August 2024  Control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated.
 Adequate maintenance procedures must be developed to keep the property in good condition.
 If the City is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return.

See CFR §200.313 (e) Disposition, for guidelines.

Account Coding: The account coding to be used for the purchase of capital outlay will be as follows:

For items costing $10,000 or more (these are considered Fixed Assets) use:

Object code # 46120 – Tools, Parts and Leases less than $10,000. 384
City of SLT Financial Policies – Preserving Capital Investments 8 Rev. August 2024 Attachments:

Exhibit I – Sample of Fixed Asset Addition Form

385
City of SLT Financial Policies – Preserving Capital Investments 9 Rev. August 2024 386
City of SLT Financial Policies – Financial Reporting 1 Rev. August 202417 Financial Policies - Financial Reporting
Clear, accurate and understandable financial reporting provides accountability over all components of the City’s financial affairs and ensures compliance with applicable statutory and other regulatory requirements.

Financial reports shall meet requirements established by various governmental regulatory oversight organizations. Financial reports that are understandable by the public shall also be generally available.

A. Accounting Practices
The City shall establish accounting practices that conform to Generally Accepted Accounting Principles (GAAP) as set forth by the authoritative standard setting body for units of local government.

B. Annual Financial Audit
An annual audit shall be performed by an independent certified public accounting firm. An official annual comprehensive annual financial report (CACFR) shall be issued no later than 6 months following year-end. The CACFR shall contain the independent auditor’s report and financial statements of the City, along with operating results, statistical and demographic information about the City. This report shall be prepared under the guidelines of GAAP and the GFOA for Certificate of Achievement for Excellence in Financial Reporting Program. A management letter, the by-product of an annual audit, shall be provided by the independent certified public accounting firm in conjunction with the annual audit.

C. Financial and Management Report
The Finance Director shall submit a periodic financial report to the City Council as required by City Code Section 2.10.040.

D. Availability of Reports to the Public
The CACFR and other financial reports shall be available for public inspection and, to the extent practicable, shall be posted on the City website.
387
City of SLT Financial Policies – Financial Reporting 1 Rev. August 2024

Financial Policies - Financial Reporting
Clear, accurate and understandable financial reporting provides accountability over all components of the City’s financial affairs and ensures compliance with applicable statutory and other regulatory requirements.

B. Annual Financial Audit
An annual audit shall be performed by an independent certified public accounting firm. An official annual comprehensive financial report (ACFR) shall be issued no later than 6 months following year-end. The ACFR shall contain the independent auditor’s report and financial statements of the City, along with operating results, statistical and demographic information about the City. This report shall be prepared under the guidelines of GAAP and the GFOA for Certificate of Achievement for Excellence in Financial Reporting Program. A management letter, the by-product of an annual audit, shall be provided by the independent certified public accounting firm in conjunction with the annual audit.

C. Financial and Management Report
The Finance Director shall submit a periodic financial report to the City Council as required by City Code Section 2.10.040.

D. Availability of Reports to the Public
The ACFR and other financial reports shall be available for public inspection and, to the extent practicable, shall be posted on the City website.
388
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 13, 2024
Agenda Item #:4
Agenda Item: Agreement with California Tahoe Emergency Services Operations Authority for Medical Dispatch and Support Services
Executive Summary: This is a contract between the City of South Lake Tahoe Police Joint Communications Center and California Tahoe Emergency Services Operating Authority to provide dispatch and support services for ambulance emergency response. Similar agreements for service have been in place since 2014. This new contract will be in place from Sept 1, 2024 through Aug 31, 2029.

CTESOA will pay the City of South Lake Tahoe $289,818.52 in year one, with a 3% increase annually through year five. CTESOA Board has been updated on contract renewal and associated costs.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Service Agreement with the California Tahoe Emergency Services Operations Authority for Police Department Joint Communications emergency medical dispatch and support services for ambulance emergency response to commencing Sept 1, 2024 and ending Aug 31, 2029. The CTESOA will pay CSLT $289,818.52 in year one, with 3% increases annually through the five year contract.

Responsible Staff Member: Jeff Roberson, Support Lieutenant Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
02-Joint Dispatch Agreement.pdf
01-Staff_Report_-_Joint_Dispatch_Agreement.docx
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Council Agenda Report August 13, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 13, 2024
Title: Agreement with California Tahoe Emergency Services Operations Authority for Medical Dispatch and Support Services 2024 through 2029
Location: Citywide
Responsible Staff Member: Jeff Roberson, Police Lieutenant Background: The South Lake Tahoe Police Department Joint Communication Center has provided emergency medical dispatch services to the California Tahoe Emergency Services Operation Authority under contract since 2014. That 2014 contract was renewed in 2019, and the 2019 contract is about to expire.

Joint Communications provides radio dispatch services, RMS support services, and access to data for the CTESOA to stay compliant with El Dorado County Emergency Services Authority policies and procedures.

Leading up to this contract expiration, representatives of the South Lake Tahoe Police Department Joint Communications and the California Tahoe Emergency Services Operation Authority have met and agree that it is mutually beneficial to continue this contract for an additional five years.

Additionally, both entities agree on continuing the current rate paid by CTESOA with 3% increases year over year. The following table is a continuation of the rates currently paid.

Issue and Discussion: This item before the City Council is to pass a motion authorizing and directing the Mayor to execute a Professional Services Agreement between the CTESOA and the Joint Communication Center for dispatch and support services from Sept 1, 2024 through Aug 30, 2029.

Financial Implications: The CTESOA and the Joint Communication Center agree on the service compensation rate and yearly increases as follows: CTESOA will pay the Joint Communications Center:

Year Annual Rate Monthly Payment
1 289,818.52 24,151.54
2 298,513.08 24,879.09
3 307,469.21 25,622.43
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Council Agenda Report August 13, 2024 Page 2 of 2
4 316,693.29 26,391.11
5 326,194.40 27,182.87
Revenue associated with this agreement is recorded into the General Fund Joint Dispatch Center account 100-02260-34520 Other Service Charges. The rate in the new agreement represents an annual increase of approximately $8,000. This increase is already included in the Fiscal Year 2024- 2025 proposed budget that will be presented to City Council on August 27, 2024.

Environmental Considerations: This is not a project subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines sections 15352 and 15378 and does not have the potential for resulting in either a direct or reasonably foreseeable indirect physical change to the environment.

Policy Implications:

This contract supports:

Strategic Priority Four, 4.1 Economic Diversification Strategy, Action Item 4: Work with partner agencies, chamber of commerce entities and businesses to ensure economic stability and continuity of services and business operations; particularly during disasters and unforeseen events.

Strategic Priority Four, 4.3
Action Item 3: Work with regional economic development partners to implement sustainable green industry jobs which capitalize on local resources and people 391

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PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the First day of September, 2024 by and between the California Tahoe Emergency Services Operation Authority, a Public Entity (“CTESOA”), and the City of South Lake Tahoe, a municipal corporation (“Consultant City”, together with CTESOA, the “Parties”).

RECITALS
A. Consultant City has staff that is specially trained, experiences and competent to perform the special services which will be required by this Agreement.

B. Consultant City 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. CTESOA and Consultant City entered into an agreement dated June 24, 2014 (“Prior Agreement” for providing CTESOA with necessary dispatch serves as required for the medical aid services provided by CTESOA to the County of El Dorado, as described in the CTESOA/County Agreement.

D. CTESOA and Consultant City entered into Amendment One to Professional Services Agreement (“First Amendment”) to extend the term of the Prior Agreement to August 31, 2019.

E. CTESOA issued a Request for Proposals on January 21, 2019 seeking proposals for emergency dispatch services and Consultant City presented the lowest price proposal for the requested services.

F. CTESOA desires to retain Consultant City to render professional services as set forth in prior Agreements from 2014-2019 and 2019-2024.

G. The parties intend to operate under the Agreement upon the expiration of the Prior Agreement as amended by the First Amendment until August 31, 2024.

I. The parties agree to extend the working arrangement from September 1, 2024 through August 31, 2029 by adoption of this Professional Services Agreement.

NOW, THEREFORE, in consideration of the above recitals which are contractual in nature, the covenants, conditions, and premises hereinafter contained, to be kept and performed by the respective Parties, the Parties agree as follows. 392

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AGREEMENT

1. Scope of Services. Consultant City 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 City shall have no power or authority by this Agreement to bind CTESOA in any respect.

All services provided by Consultant City pursuant to this Agreement will be provided in accordance with the terms set forth in the Schedule A, “Scope of Services,” attached hereto and incorporated herein by reference. Schedule 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 City are to commence on September 1, 2024 and continue until August 31, 2029 (“Term”).

3. Consultant City Qualifications. CTESOA has relied upon the professional training and ability of Consultant City to perform the services hereunder as a material inducement to enter into this Agreement. Consultant City represents and warrants to CTESOA that Consultant City, and all of Consultant City’s employees, agents, or volunteers (the “Consultant City Parties”), have in effect and shall maintain in full force throughout the Term, if applicable, all licenses, credentials, permits and any other qualifications required by law to perform the services described in Section 1 of this Agreement and to fully and faithfully satisfy all of the terms set forth in this Agreement. Consultant City and any Consultant City Parties performing services shall be competent to perform those services.

4. Equipment and Materials. Consultant City at its sole cost and expense shall provide and furnish all equipment, tools, labor, materials, transportation services and any other items (collectively, “Equipment”) which are required or necessary to perform the services described by Section 1 of this Agreement in a manner which is consistent with generally accepted standards of the profession for similar services. Notwithstanding the foregoing, CTESOA shall not be responsible for any damages to persons or property as a result of the use, misuse, or failure of any Equipment used by Consultant City or the Consultant City Parties.

5. Compensation. Compensation to be paid to Consultant City shall be Two hundred eighty nine thousand eight hundred eighteen dollars and fifty two cents ($289,818.52) per year (starting year one, Sept 2024-Aug 2025), with annual increases of three percent (3%). (see attached Schedule B for increasing annual values).

This base value is aligned with the past payment schedule incorporated into the 2019- 2024 PSA. Payment under this Agreement shall not be deemed a waiver of defects, even if such defects were known at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. 393

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6. Method of Payment. Consultant City shall submit monthly billings to CTESOA describing the work performed during the preceding month. Consultant City’s invoices shall include a brief description of the services performed. CTESOA shall remit onetwelfth (1/12) of the annual compensation described in Section 3 of this Agreement no later than 30 days after receipt of the invoice.

7. Termination. This Agreement may be terminated by either Party by giving sixty days (60) days advance written notice to the other Party. However the Parties may agree in writing to a shorter notice period. CTESOA may terminate this Agreement at any time by giving written notice to Consultant City if Consultant City materially breaches any of the terms of this Agreement, any act or omission of Consultant City or the officers, employees, agents, or contractors of Consultant City exposes CTESOA to potential liability or may cause an increase in CTESOA’s insurance premiums, Consultant City is adjudged a bankrupt, Consultant City makes a general assignment for the benefit of creditors or a receiver is appointed because of Consultant City’s insolvency. Such termination shall be effective immediately upon Consultant City’s receipt of the notice. Upon termination, Consultant City shall be entitled to compensation for services performed up to the effective date of termination, and CTESOA 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.

8. Confidential Information and Ownership of Documents. Consultant City shall maintain the confidentiality of, and protect from unauthorized disclosure, any and all individual patient information, including but not limited to patient names, identifying information, and medical information, except as otherwise required by law. All documents and other writings, including working notes and internal documents, prepared by Consultant City or Consultant City Parties related to CTESOA in the course of implementing this Agreement, shall become the property of CTESOA upon payment to Consultant City for such work, and CTESOA shall have the sole right to use such materials in its discretion without further compensation to Consultant City or to any other party. Consultant City shall, at Consultant City’s expense, provide such reports, plans, studies, documents and other writings to CTESOA upon written request. All documents prepared by Consultant City 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 CTESOA.

9. Independent Contractor. Consultant City is engaged to provide the services required by this Agreement and is hereby retained to provide specialized services for CTESOA that are outside the usual course of CTESOA’s business. Consultant City and the Consultant City Parties are free from the control and direction of CTESOA in connection with the manner in which it provides the services to CTESOA. Consultant City and the Consultant City Parties understand and agree that Consultant City and the Consultant 394

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City Parties shall not be considered officers, employees, agents, partners, or joint venturers of CTESOA, and are not entitled to benefits of any kind or nature normally provided to employees of CTESOA and/or to which CTESOA’s employees are normally entitled.

10. Compliance with Laws. Each and every provision of law and clause required by law to be inserted into this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein. Consultant City and Consultant City Parties shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulation in carrying out the duties under this Agreement.

Consultant City 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 and failure to do so shall constitute material breach

11. Insurance. Without in any way limiting Consultant City’s liability, or indemnification obligations set forth in this Agreement, Consultant City shall secure and maintain throughout the Initial Term and Renewal Term, if applicable, the following insurance: (i) comprehensive general liability insurance with limits of not less than $5,000,000 each occurrence and $5,000,000 in the aggregate; (ii) commercial automobile liability insurance with limits not less than $5,000,000 each occurrence and $5,000,000 in the aggregate, if applicable; and (iii) worker’s compensation insurance as required by Labor Code section 3200, et seq., if applicable. All insurance policies shall include an endorsement stating that CTESOA is named as an additional insured. All of the policies shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to CTESOA. If such a notice is not given or even if CTESOA receives a notice, CTESOA may, at its sole option, terminate this Agreement. All insurance policies shall include an endorsement stating that it is primary to any insurance or selfinsurance maintained by CTESOA and shall waive all rights of subrogation against CTESOA.

12. Indemnity. Each party shall defend, indemnify and hold harmless the other party and its affiliates, parents, subsidiaries, directors, trustees, officers, agents, employees and volunteers from any and all claims, demands, liabilities, damages, losses, suits and actions, and expenses (including reasonable attorneys' fees) or claims for injury to or death of persons or damages to property or delay arising out of or related to the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the other party and its affiliates, parents, subsidiaries, directors, trustees, officers, agents, employees and volunteers. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations 395

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of indemnity, which would otherwise exist as to a party, person, or entity described in this paragraph.

13. 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, or to an alternative address if the party provides written notification of a new mailing address. Notice shall be deemed received two business days after the date of mailing.

If to City: Police Chief
City of South Lake Tahoe
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 CTESOA: Executive Director
CTESOA
3066 Lake Tahoe Blvd.

South Lake Tahoe, CA 96150
Provide a copy to: Nick Clair
Lozano Smith, Attorneys at Law
One Capitol Mall, Suite 640
Sacramento, CA 95814

14. Assignment and Subcontracting. The parties recognize that a substantial inducement to CTESOA for entering into this Agreement is the professional reputation, experience, and competence of Consultant City. Assignments of any or all rights, duties or obligations of the Consultant City under this Agreement will be permitted only with the express consent of CTESOA. Consultant City shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of CTESOA. If CTESOA consents to such subcontract, Consultant City shall remain fully responsible for the provision of services and other obligations pursuant to this Agreement and shall be fully responsible to CTESOA for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between CTESOA and any subcontractor nor shall it create any obligation on the part of CTESOA to pay or to see to the payment of any monies due to any such subcontractor, except as otherwise required by law.
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15. 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.

16. Dispute Resolution. If a dispute arises relating to the interpretation of, enforcement of, or compliance with the terms of this Agreement, the Parties shall first attempt to resolve such dispute through informal discussions or other alternative means. Any party may convene such discussions by written notice, and shall reasonably accommodate the other party with respect to scheduling any such discussion. If the dispute is not resolved in this manner within thirty (30) days of such written notice, it shall be referred to mediation in which both Parties must participate for a period not to exceed an additional thirty (30) days. This dispute resolution process shall be undertaken in good faith and exhausted prior to judicial review. However, compliance with this process does not waive any party’s obligation to comply with, or right to assert as a defense, any applicable statutes of limitation or administrative procedures. The Parties may agree in writing to toll any applicable statutes of limitation for such period as may reasonably be necessary to complete the dispute resolution process outlined in this section..

17. 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.

18. Prohibited Interests. Consultant City maintains and warrants that it has not employed nor retained any Consultant City Party or other person, other than the independent contractors hired in accordance with Consultant City’s standard business practice, to solicit or secure this Agreement. Further, Consultant City warrants that it has not paid nor has it agreed to pay any Consultant City Party or other person, other than a bona fide employee working solely for Consultant City 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, CTESOA shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CTESOA, during the term of his or her service with CTESOA, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

19. Equal Opportunity Employment. Consultant City 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, sexual orientation, 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 City 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. 397

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20. Drug-Free Workplace Certification. By signing this Agreement, Consultant City hereby certifies under penalty of perjury under the laws of the State of California that the Consultant City 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).
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 activities under this Agreement:
i. Will receive a copy of the Consultant City’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant City’s statement as a condition of employment on this Agreement.

21. Americans with Disabilities Act. By signing this Agreement, Consultant City warrants to CTESOA 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.

22. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant City and CTESOA and approved as to form by the City Attorney and CTESOA’s legal counsel.

23. Liability of CTESOA. Notwithstanding anything stated herein to the contrary, CTESOA shall not be liable for any special, consequential, indirect, or incidental damages in connection with this Agreement.

24. Ambiguity. The Parties to this Agreement, and each of them, hereby represent that the language contained herein is to be construed as jointly proposed and jointly accepted, and 398

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in the event of any subsequent determination of ambiguity, all parties shall be treated as equally responsible for such ambiguity.

25. 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.

26. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between Consultant City and CTESOA. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement, except that the Prior Agreement and First Amendment shall continue in force until expiration on August 31, 2024.

27. 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.

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

29. Authority to Enter Agreement. Consultant City and CTESOA have 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.

CONSULTANT CITY – CITY OF SOUTH
LAKE TAHOE:

By _____________________________
Mayor Cody Bass
CTESOA
By ______________________________
Leona Allen, Chair
Approved as to Form:

By________________________
Heather Stroud, City Attorney
ATTEST:
______________________
Susan Blankenship, City Clerk
399

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SCHEDULE A

SCOPE OF SERVICES
Section I – General Dispatch Provisions
Contractor shall provide one hundred percent (100%), twenty-four (24) hours per day, seven (7) days a week dispatch coverage and services for Priority 1, 2, 3, 4, 5 and 6 ambulance requests for service, described as follows:

Priority Definition
1 Life Threatening Emergencies
2 Non-Life Threatening Emergencies
3 Urgent (Or Emergency Transfer from Healthcare Facility) 4 Scheduled Transfer (4-hour Advance Notification)
5 Unscheduled Transfer
6 Critical Care Transport
Said Services shall be performed for the term of this Contract, in accordance with federal, state, and local provisions, including but not limited to those outlined below.

Such service shall include, but is not limited to, dispatch personnel, in-service training, quality improvement monitoring, and related support services.
a. Staffing
Staffing levels shall be such that emergency lines will be answered within eighteen (18) seconds (by the third (3rd) ring) in not less that 90% of cases. Contractor’s calltakers will provide medically appropriate priority dispatch and pre-arrival instruction using Medical Priority Dispatch Systems protocols approve by Cal Tahoe and the County EMS Agency Medical Director.
b. Computer Aided Dispatch System
Contractor will provide a computer aided dispatch (CAD) system to be utilized to record dispatch information for all ambulance requests. The CAD time recording system must include the date, hour, minutes, and seconds. All radio and telephone communication including pre-arrival instruction and time track must be digitally recorded and retained for a minimum of 365 days. Cal Tahoe shall have access to recorded information related to medical calls with appropriate notice. 400

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c. Dispatch facility shall hold current designation as primary or secondary Public Safety Answering Point (PSAP) by the State of California.
d. The Designated Dispatch Center shall utilize and maintain a computer aided dispatch (CAD) system with specialized separate tracking of EMS and ambulance responses.

Contractor shall notify CTESOA if CAD system is inoperative for more than 24 hours.
e. Contractor shall provide a system of priority dispatch and pre-arrival instructions together with applicable quality assurance approved by the CTESOA. f. Priority Dispatch Protocols and Pre-Arrival Instructions The County of El Dorado utilizes medical dispatch protocols and pre-arrival instructions approved by the County EMS Agency Medical Director and the County EMS Agency Administrator. These are based on the Emergency Medical Dispatch National Standard Curriculum as the standard:

The priority dispatch and pre-arrival instruction software approved by the County of El Dorado EMS Agency Director is Medical Priority Consultants software program:

ProQA for Windows and AQUA (Advanced Quality Assurance for electronic case review), which meet the standards of the National Traffic Safety Administration:

Emergency Medical Dispatch National Standard Curriculum.

Contractor shall ensure that the County approved priority dispatch and prearrival instruction software is installed by the Designated Dispatch Center at all times during this Contract. If, during the term of this Contract, the CAD vendor used by Contractor develops an interface to ProQA, or Contractor changes CAD vendors to one with such an interface, Contractor shall install the interface at its own sole expense.

Adherence to medical dispatch protocols is required. Thus, except where a deviation is clearly justified by special circumstances not contemplated within a dispatch protocol, such medical dispatch protocol shall be strictly followed. Compliance with call-taker and dispatcher questions and pre-arrival instructions shall be a routine part of an integrated quality improvement process and shall be reported to CTESOA with response statistics.
g. Contractor shall provide a process that recommends vehicle locations per criteria included in CTESOA’s System Status Management Plan (SSMP). h. FirstWatch System
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Contractor shall provide data supporting the FirstWatch program or its successor program.
(This clause was formerly known as the Syndromic BioSurveillance System.) i. By legislative authority (California Government Code, section 53114.2) the Governor’s Office of Emergency Services has the authority to review and update technical and operational standards for public agency systems. The Office of Emergency Services has created and updates the CA 9-1-1 Operations Manual.

Contractor shall demonstrate compliance with Chapter One of the Operations Manual entitled, “Public Safety Answering Point (PSAP) Standards” (attached and incorporated herein as Attachment number one). For purposes of this section, Contractor shall be considered the Public Safety Answering Point (PSAP). j. To the extent there are any inconsistencies between Exhibit ‘A’ and any attachments to this Exhibit, the provisions of this Exhibit and not the attachments shall govern and take priority.

Section II – Dispatch Data and Reporting Requirements
Contractor shall provide detailed operations, clinical, and administrative data in a manner that facilitates its retrospective analysis as outlined below. a. Computer Aided Dispatch system
The Computer Aided Dispatch system used by the Contractor shall be capable of the following:
1) Electronic data entry of every response on a real-time basis. 2) Prioritization of deployment planning, displaying calls received for runs pending, runs in progress, transfers scheduled up to 24 hours in advance, and status of ambulance resources available for service.
3) Immediate recall on any current, previous, or pre-scheduled run for inquiry by date, incident number, location, or patient’s name.
4) Simultaneous features preventing unauthorized access or retrospective adjustment and full audit trail documentation.
b. Dispatch Data and Reporting
Contractor’s electronic data system shall be capable of producing the following reports to be utilized in measuring response time compliance:
1) Emergency life threatening and non-life threatening response times by jurisdiction and by user definition per the Medical Priority Dispatch System. 2) Unscheduled non-emergency and scheduled non-emergency response times by jurisdiction and by user definition per the Medical Priority Dispatch System. 3) Out of chute response times by crew members
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4) Arrival at scene times
5) Hospital turnaround times by crew members
6) Emergency and non-emergency responses by hour and day. 7) Dispatch call processing response time reports.
8) Canceled run reports.
9) Dry run reports.
10) Demand analysis report showing calls by day of week, hour of day. 11) Problem hour assessment.
12) Call priority by hour and day.
13) Ambulance alert exception report (report of any delay between dispatcher’s receipt of call and the dispatched request for service to the ambulance unit).

Contractor’s personnel shall fully complete a manual ‘dispatch card’ approved by CTESOA for each dispatch of an ambulance when the computer is inoperable.

Contractor’s personnel, following the presumption of normal service of the CAD system, shall enter manual dispatch cards into the CAD system. c. Quality Assurance and Medical Control
Contractor’s electronic data system shall be capable of capturing and reporting common data elements that are standard for the EMS industry and include the data elements established by the National Association of EMS Directors. In addition, it is anticipated that the data system will be capable of reporting adherence to medical dispatch protocols, adherence to primary and secondary medical priority dispatch questioning, and provision of pre-arrival instructions.

Section III – Dispatch Personnel Requirements
Contractor shall provide Emergency Medical Dispatch (EMD) dispatcher(s) with the authority, expertise, and management skills to operate CTESOA’s System Status Management Plan including the following:
a. Trained according to the County of El Dorado EMS Agency’s adopted program of national standards, the National Highway Traffic Safety Administration (NHTSA):

Emergency Medical Dispatch National Standard Curriculum. b. Utilize ProQA software for management of EMS resources through proper interrogation and situation assessment by the dispatcher and provide patient care through the delivery of post-dispatch/pre-arrival instructions to assist the patient until prehospital care providers arrive at the scene.
c. Utilize AQUA for performance evaluation of EMO.
d. Maintain and keep current EMO staff certifications.
e. Provide staff orientation to the emergency medical services system. 403

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f. Maintain continuing education requirements.
g. Provide resource management.
h. Provide operational plan management.
i. Manage 9-1-1 non-urgent request for service.
j. Manage critical care transport requests for service.

Section IV – Record of Dispatch Call
Upon request of CTESOA, Contractor shall provide from the Dispatch Center digitally recorded copies of calls for quality assurance purposes. Recordings shall be delivered to Cal Tahoe within five business days of receipt of written request, including email, to Contractor. 404

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Schedule B
Compensation Schedule and Timeline
Method of Payment: Consultant City shall submit monthly billings to CTESOA describing the work performed during the preceding month. Consultant City’s invoices shall include a brief description of the services performed. CTESOA shall remit one-twelfth (1/12) of the annual compensation described in Section III of this Agreement no later than 30 days after receipt of the invoice.

Year Annual Rate Monthly Payment
1 (Sept 2024-Aug 2025) $289,818.52 $24151.54
2 (Sept 2025-Aug 2026) $298,513.08 $24879.09
3 (Sept 2026-Aug 2027) $307,469.21 $25622.43
4 (Sept 2027-Aug 2028) $316,693.29 $26391.11
5 (Sept 2028-Aug 2029) $326,194.40 $27182.87
405

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Attachment One
9-1-1 Operations Manual Chapter 1 – Standards
(page intentionally blank)
406

State of California
Governor’s Office of Emergency Services
Chapter I - Standards
9-1-1 OPERATIONS MANUAL

CHAPTER I - STANDARDS
By Legislative authority (California Government Code, Section 53114.2), the Governor's Office of Emergency Services, Public Safety Communications, California 9-1-1 Emergency Communications Branch (CA 9-1-1 Branch) has established mandatory standards to provide the fastest, most reliable, and cost-effective telephone access to emergency services for any 9-1-1 caller in California.

The CA 9-1-1 Branch has the responsibility to monitor all emergency communication systems related to the delivery of a 9-1-1 call to ensure they comply with these standards. CA 9-1-1 Branch has the authority to audit and request data on any items being funded from the State Emergency Telephone Number Account (SETNA). The entire 9-1-1 Operations Manual (Manual) and other CA 9-1-1 Branch documents may be viewed and downloaded from the CA 9-1-1 Branch website, as follows:
http://www.caloes.ca.gov/cal-oes-divisions/public-safety-communications/ca9-1-1-emergency-communications-branch/ca-9-1-1-operations-manual A comprehensive range of recommended standards is offered on the National Emergency Number Association (NENA) website at: www.nena.org (select "Standards and Other Documents"). The website includes: NENA recommended technical standards for Public Safety Answering Point (PSAP) equipment and back-up power, PSAP security, PSAP operations, 9-1-1 networks, wireless carriers and many more topics.

MANDATORYSTANDARDS
In the interest of public safety and successful delivery of 9-1-1 calls in the State of California, the following standards are required:

General Standards - These general standards are intended to maintain clarity for the public in the proper use of "9-1-1" in a manner that supports fast and reliable access to emergency services in California. (These standards are in alphabetical order with no priority of compliance.)

1. 9-1-1 Misuse - Individuals who knowingly and intentionally disrupt or report a false crime to 9-1-1 may be charged a fine of $1,000 to $10,000 and/or jail time for less than one (1) year (Penal Code Section 148.3). Individuals that willfully use 9-1-1 for any purpose other than reporting emergencies may be charged progressive fines from $50 to $250 (Penal Code Section 653y). Examples of this misuse include calls to 9-1-1 for driving directions, directory assistance, and to report the grass along the freeway needs to be mowed.

Rev. 03-2023 1 Standards 407

State of California
Governor’s Office of Emergency Services
Chapter I - Standards

2. 9-1-1 Numeral Usage -The numerals "9-1-1" shall not be used in any way that may confuse or be misleading to the public.

3. 9-1-1 Published Number - The primary published emergency telephone number shall be 9-1-1 and will be the only number on the "Emergency" page of the telephone directory.

4. Automatic 9-1-1 Dialing - Alarm companies or other entities that do not qualify as a public safety agency (a public agency that provides law enforcement, fire, medical or other emergency services) shall not program equipment to automatically dial 9-1-1.

5. Proper Use and Display of "9-1-1" - Private companies, such as ambulance or other service providers, shall not use the numerals 9-1- 1 in the name of their company nor may they list 9-1-1 in the telephone directory without written authorization from the PSAPs that will be affected by the listing. When 9-1-1 is authorized, the ambulance companies must also list a seven-digit telephone number for non-emergency calls.

CA 9-1-1 Network Standards -All equipment and service providers offering 9-1-1 functionality (by means of wireless, Voice over Internet Protocol (VoIP), and other technologies in the California 9-1-1 Network) shall accommodate the most recent CA 9-1-1 Branch policies and procedures provided in this Manual and on the CA 9-1-1 Branch website. Funding from the SETNA by the CA 9-1-1 Branch is contingent upon adherence to the following mandatory standards. (These standards are in alphabetical order with no priority of compliance.)

1. 9-1-1 Lines/Trunks -All 9-1-1 lines/trunks in the California 9-1-1 Network that are funded by the CA 9-1-1 Branch must be pre-approved by the CA 9-1-1 Branch. All 9-1-1 lines/trunks in the California 9-1-1 Network that are directly billed to and paid for by the public safety agency must meet "tariff' conditions and must be reviewed by the CA 9-1-1 Branch before service is established.

2. Circuit Protection - Protected 9-1-1 circuits shall not be opened, grounded,
short-circuited, or manipulated in any way unless the appropriate PSAP has released the circuit.

3. Emergency Service Number (ESN) - Every primary PSAP will have ESNs exclusively for routing landline 9-1-1 calls and ESNs exclusively for routing wireless 9-1-1 calls.

Rev. 03-2023 2 Standards 408

State of California
Governor’s Office of Emergency Services
Chapter I - Standards

4. Grade of Service - Network service providers shall take periodic service measurements on the 9-1-1 trunk groups to ensure a minimum grade of service of P.01. This means no more than one (1) busy signal per 100 attempts. These measurements shall also be taken at the request of public safety agencies. Participating public safety agencies and the CA 9-1-1 Branch will be notified of the results of Probability (P) Grade of Service measurements out of compliance.

5. Outage Notification - All equipment and network providers shall provide 9-1-1 Outage Notification Procedures to the CA 9-1-1 Branch for implementation in the event of a
9-1-1 outage where the outage may cause a significant impact to the delivery of 9-1-1 calls in California. Examples include the following:
a. Inability of the PSAP to process 9-1-1 emergency calls; that is, the loss of a PSAP's ability to perform the required 9-1-1 call transfers or communications due to 9-1-1 equipment or network failure. b. Inability of the public to contact their local or regional PSAP by dialing "9-1-1".
c. Community isolation: any situation that disrupts the ability of an area or community to communicate outside their local area over the 9-1- 1 communications network is considered a PSAP isolation.

6. Trunking - PSAP line/trunk requirements shall be determined by the number of 9-1-1 calls and specific transfer functions. All 9-1-1 calls shall receive the same level of priority and call handling. The CA 9-1-1 Branch shall authorize added or reduced trunking based upon call volume analysis. See# 1, "9-1-1 Lines/Trunks" standard.

Public Safety Answering Point (PSAP) Standards - PSAP funding from the SETNA by the CA 9-1-1 Branch is contingent upon adherence to the following mandatory standards. (These standards are in alphabetical order with no priority of compliance.)

1. Automatic Location Identification (ALI) Format - PSAPs shall accommodate the most current ALI standard for the State of California, currently "Format 04", in any equipment replacement or upgrade.

Call Answer Time within Fifteen (15) Seconds Ninety (90%) percent of all 9-1-1 calls arriving at the Public Safety Answering Point SHALL be answered within (≤) Fifteen (15) seconds. Ninety-five (95%) of all 9-1-1 calls SHOULD be answered within (≤) twenty (20) seconds. The CA 9-1-1 Branch realizes that unpredictable spikes may occur and will take abnormalities into Rev. 03-2023 3 Standards 409

State of California
Governor’s Office of Emergency Services
Chapter I - Standards
consideration when reviewing statistics.

2. Call Data Reporting (CDR) Connectivity - PSAPs shall accommodate connectivity of
9-1-1 call-taker Customer Premise Equipment (CPE), funded by the CA 9-1-1 Branch, to the CDR system within 30 days of system installation.

Any intentional manipulation to the 9-1-1 call data may result in reduction of CA 9-1-1 Branch funding to PSAP.

3. Call Transfers - When transferring a 9-1-1 call, procedures will be developed for advising the 9-1-1 caller that the call is being transferred and to remain on the line. Every effort should be made to minimize the number 9-1-1 call transfers.

4. Hours of Operation - Each PSAP funded by the CA 9-1-1 Branch shall be staffed with 9-1-1 call-taker(s) and committed to answer 9-1-1 calls 24 hours per day, every day of the year, for a minimum of five (5) years. Exception to this requirement is supported for "grandfathered" PSAPs (agencies that received CA 9-1-1 Branch CPE funding prior to December 2001 with limited hours of operation). However, we encourage all PSAPs funded by the CA 9-1-1 Branch in
"grandfathered" status to consider consolidation or extend to full compliance with this standard.

5. Network Connections - Each PSAP shall have a minimum of two (2) trunks to a Selective Router (S/R) and trunks will be augmented based upon maintaining a typical
P.01 grade of service and call volume. {This requirement exceeds the minimum recommendations by NENA.)

6. Non-published Emergency Number(s) - Each PSAP shall have a minimum of one (1) non-published ten digit 9-1-1 number for emergency call transfers.

7. Protective Devices - All facilities and equipment associated with 9-1-1 service shall be provided with protective devices to prevent accidental workman contact. Each protected termination shall be clearly identified. Protected 9-1-1 circuits will not be opened, grounded, short-circuited, or manipulated in any way unless the appropriate PSAP has released the circuit.

8. Transfer Numbers - PSAPs shall provide their 10-digit emergency numbers to entities requiring a backup number to route to, or other service providers not delivering calls into the 9-1-1 network.

Rev. 03-2023 4 Standards 410
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 13, 2024
Agenda Item #:5
Agenda Item: Memorandum of Understanding with Lake Valley Fire Protection District and Lake Tahoe Unified School District for Fuels Reduction Projects
Executive Summary: South Lake Tahoe Fire Rescue (SLTFR) and LVFPD staff have been planning and coordinating fire hazard reduction work on LTUSD property. Funding for the field work is available from the USFS and the California Tahoe Conservancy (CTC) in fall of this year. In order to conduct project layout and implementation now, SLTFR and the LVFPD need authorization and a release of liability. The MOU provides for both. The MOU is another great example of our great teamwork and effort to conduct fuel reduction on all lands within our jurisdictions. The first LTUSD project will take place at South Lake Tahoe High School property.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the City Manager to execute the MOU with Lake Valley Fire Protection District and the Lake Tahoe Unified School District for management of fuels reduction projects on School District properties.

Responsible Staff Member: Jay Manning, Division Chief
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report -MOU with Lake Valley and LTUSD.docx
02-MOU CSLT LTUSD LVFPD Fuels Reduction.pdf
411
Council Agenda Report August 13, 2024 1
City of South Lake Tahoe
Report to City Council
Meeting Date: August 13, 2024
Title: Memorandum of Understanding Between the City of South Lake Tahoe, the Lake Valley Fire Protection District, and the Lake Tahoe Unified School District Location: Citywide
Responsible Staff Members: Jay Manning, Division Chief
Background: Over the past year, South Lake Tahoe Fire Rescue (SLTFR) and LVFPD staff have been planning and coordinating a single wildfire prevention division from Stateline, NV to Echo Summit. As we all know and have witnessed, wildfire knows no boundaries. The SLTFR and the LVFPD desire to cooperate to eliminate the mutual threat of a catastrophic wildfire. To accomplish this goal, the SLTFR and LVFPD desire to enter into an MOU with the Lake Tahoe Unified School District in order to streamline the process of managing and seeking aid in eliminating fire hazards and creating defensible space. Furthermore, the LTUSD, SLTFR and LVFPD desire to work together to perform fuel reduction work on School District properties in South Lake Tahoe and Lake Valley Fire Protection District areas regardless of jurisdiction.

Issue and Discussion: This is a MOU whereby the LTUSD, LVFPD and SLTFD have been discussing the options to work together planning and managing fuels reduction projects on School District properties to help make the community more resilient to wildfire. All agencies agree that a partnership between the agencies is the best tool to try and increase the capacity of work to be completed within the South Shore Division of the Tahoe Fire and Fuels Team (TFFT). Current grant funded projects are being implemented near school district properties and the USFS and CTC have offered up funding through grants to help increase the total acreage and capacity of current projects.

Financial Implications: The newly funded positions at the South Lake Tahoe Fire Department and Lake Valley Fire District tasked with identifying and managing fuels reduction projects will be funded with current grants from the California Tahoe Conservancy and USFS.

Environmental Considerations: Environmental review will be conducted if required once specific projects under the MOU are identified.

Policy Implications: The approval of this MOU update supports Strategic Priority 5.1 Public Safety, Action Item 1) Ensure Police, fire, and snow removal operations receive adequate funding to provide exceptional service to our community. 412

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH LAKE

TAHOE, THE LAKE VALLEY FIRE PROTECTION DISTRICT, AND THE LAKE

TAHOE UNIFIED SCHOOL DISTRICT
This Memorandum of Understanding ("MOU") is entered into this 08/13/2024 _ between the City ofSouth Lake Tahoe (hereinafter "CSL T"), a municipal corporation located in the County of El Dorado, California, the Lake Valley Fire Protection District (hereinafter "LVFPD"), a multi-county special district operating under the authority of the Fire Protection District Law of 1987, within the State of California, and the Lake Tahoe Unified School District (hereinafter "L TUSD").

Recitals:

A. WHEREAS, CSL T has statutory authority to provide for the protection of life and property within its jurisdiction. Because of the urban/forest interface, wild-land fires remain one of the greatest threats to the residents of CSLT. Hazardous fuel reduction on local, private, state and federal land within CSL T is paramount to reducing the threat of catastrophic wildfire. CSL T's South Lake Tahoe Fire Rescue (SL TFR) manages the threat of wildfire through fuel reduction and prescribed fire.

B. WHEREAS, the L VFPD has statutory authority to provide for the protection of life and property within its jurisdiction. Because of the urban/forest interface, wild-land fires remain one of the greatest threats to the residents of the LVFPD. Hazardous fuel reduction on local, private, state and federal land within the L VFPD is paramount in terms of reducing the threat of another catastrophic wildfire like the Caldor Fire. The L VFPD manages the threat of wildfire through fuel reduction and prescribed fire.

C. WHEREAS, the L TUSD has statutory authority to develop and maintain Comprehensive School Safety Plans (CSSPs) designed to address campus risks, prepare for emergencies, and create a safe, secure learning environment for students and school personnel. Because of the urban/forest interface, wild-land fires are a threat to students and school personnel on L TUSD property. Hazardous fuel reduction on L TUSD property is paramount in terms of reducing the threat.

D. WHEREAS, CSLT, the L VFPD, and L TUSD desire to cooperate to eliminate the mutual threat of a catastrophic wildfire. In an effort to accomplish this goal, CSLT, the L VFPD, and LTUSD desire to enter into this MOU in order to streamline the process.

Furthermore, CSLT, the L VFPD, and L TUSD desire to work together to perform fuel reduction work on LTUSD property.

E. WHEREAS, CSL T and the L VFPD have received and have access to state and federal funding to treat hazardous fuels within their jurisdiction.

F. WHEREAS, the LTUSD desires to have said funding and services provided to treat hazardous fuels on L TUSD property at no cost to LTUSD.

G. WHEREAS, the LTUSD wishes to authorize CSL T and L VFPD to act on its behalf to secure funding and reduce the threat of wildfires on LTUSD property. 413

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MOU
H. WHEREAS, CSLT and the LVFPD desire to obtain LTUSD's permission to enter onto the Property, on a temporary basis, for purposes of fuel reduction project development and implementation.

NOW THEREFORE, CSLT, LVFPD and the LTUSD do hereby agree as follows:

1. CSL T and L VFPD shall represent, for the purposes of preventing wildfire, the L TUSD to local, federal, and state wildfire prevention partners and the Tahoe Fire and Fuels Team. CSLT and L VFPD shall not have any authority to bind L TUSD to any agreement or undertaking without the express prior written approval of L TUSD.

2. CSLT and L VFPD shall manage, for the purposes of preventing wildfire, the LTUSD property within CSL T and the L VFPD in accordance with the CSSPs and the Community Wildfire Prevention Plan (CWPP).

3. CSLT and L VFPD shall apply for grant or other funding for defensible space and hazard fuel reduction; manage and direct all said grants including the administration of the grants, procurement of all required permits and authorizations, and implementation of work pursuant to the grants.

4. CSL T and L VFPD, in partnership with South Tahoe High School (LTHS) and the Lake Tahoe Community College (L TCC), shall provide education to students and teachers for the purpose of inspiring the next generation of firefighters and forest managers.

5. LTUSD will allow CSL T and L VFPD to enter school property, on a temporary basis, for the purpose of project development and implementation, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Criminal Background Investigation/Fingerprinting Certification").

6. CSL T, L VFPD and L TUSD shall not be entitled to any compensation from each other for the services provided herein by this MOU. However, CSLT and the L VFPD may enter into additional contracts, including but not limited to professional services agreements, in the event both entities wish for CSL T and L VFPD to perform services for which compensation is due.

7. CSL T and L VFPD may receive any such grants or other funding for services rendered herein as compensation for services provided to the LTUSD. However, in no event shall LTUSD be responsible for the costs of CSL T's and/or LVFPD's services performed under this MOU.

8. CSL T and L VFPD are not obligated to use its general fund to provide the services noted herein to L TUSD.

9. CSL T and L VFPD shall provide to the L TUSD yearly updates on planning and implementation of wildfire mitigation projects.

10. None of the authorities, duties or responsibilities set forth in this MOU shall be assigned, transferred or subcontracted by CSL T and L VFPD without the prior written consent of all parties unless specifically required to plan or implement a wildfire mitigation project. For example, a Registered Professional Forester (RPF) for permitting or Licensed Timber Operator (LTO) for implementation.
414

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MOU

11. Indemnity. CSL T, and L VFPD each hereby agree to and shall defend, indemnify and hold harmless LTUSD, 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 CSLT or LVFPD's own respective negligent performance of this MOU or own respective breach of obligations contained in this MOU, except for any such claims arising out of the sole negligence or willful misconduct ofLTUSD, its boards, officers, agents, employees or volunteers.

12. Right of Entry. The LTUSD hereby grants to CSLT, LVFPD, and its agents and employees the temporary nonexclusive right to enter onto L TUSD property for the limited purpose of fuel reduction project development and implementation. CSL T and LVFPD shall provide at least seven (7) days' advance notice to LTUSD staff of anticipated access under this MOU, identifying the dates, times, areas of access, the persons that will be accessing the project area, and the project activities that will be conducted, for the purpose of coordinating access and avoiding or minimizing disruption to L TUSD activities. At all times LTUSD will be able to access any project area. a. It is expressly understood that this right of entry does not in any way whatsoever grant or convey any permanent easement, lease, fee, or other interest in LTUSD property to CSL T /L VFPD. This right of entry is not exclusive and L TUSD specifically reserves the right to grant other rights of entry within the vicinity of the LTUSD property. This is an access agreement, not an easement agreement. Therefore, it shall not be recorded.

13. Fingerprinting. The Fingerprinting/Criminal Background Investigation Certification, attached hereto as Exhibit A and incorporated herein by this reference, must be completed by CSLT and L VFPD and returned to LTUSD prior to performing any portion of any project. CSLT and LVFPD's respective Fingerprinting/Criminal Background Investigation(s) completed at hire for employees performing supervisory actions under this MOU and which showed such employees not been convicted of a violent or serious felony shall be deemed to satisfy the requirements set forth by Paragraph 13 and Exhibit A of this MOU.

14. Restoration of Property. Upon the termination or revocation of this MOU, CSLT and L VFPD shall, at its own cost and expense, restore any disturbed property to the reasonable satisfaction of the LTUSD. In case CSLT or LVFPD shall fail to restore the disturbed property to satisfactory condition within ten ( 10) business days after the effective date of the termination, the L TUSD may proceed with such work at the expense ofCSLT and LVFPD.

15. Continuing Liability. No termination of this MOU shall release CSLT or LVFPD from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination of this MOU and restoration of the property to its prior condition.

16. CSLT and LVFPD's Books and Records.
a. CSL T and L VFPD shall maintain all documents and records which demonstrate performance under this MOU for a minimum period of three (3) 415
MOU

Page 4 of 11 ends

years, or for any longer period required by law, from the date of termination or completion of this MOU.
b. Any records or documents required to be maintained pursuant to this MOU shall be made available for inspection or audit, at any time during regular business hours, upon written request by CSLT, LVFPD or LTUSD. Copies of such documents shall be provided to CSL T, L VFPD and L TUSD for inspection.

17. CSLT and LVFPD shall provide skilled professional and technical personnel to perform all services under this MOU. All services rendered under this MOU by CSLT and L VFPD shall be in accordance with all applicable federal, state, regional and local laws, codes, ordinances and regulations. Without limiting the generality of the foregoing, CSL T /L VFPD, at its sole cost and expense, shall obtain any and all permits which may be required by any law, regulation or ordinance for any activities CSLT /L VFPD desires to conduct or have conducted pursuant to this MOU.

18. Termination. Any Party may cancel or terminate this MOU at any time upon providing the other party notice of such termination and specifying the effective date thereof, at least ten ( 10) days before the effective date of such termination. In the event of termination, CSL T and L VFPD shall be entitled to the grants or other funding provided for undisputed services rendered by CSLT and L VFPD under this MOU up to the notice of termination. Termination of this MOU shall constitute termination and revocation of the right of entry under paragraph 12.

19. Liens. CSLT /LVFPD shall not permit to be placed against the LTUSD property, or any part thereof, any design professionals', mechanics', materialmen's contractors' or subcontractors' liens with regard to CSLT /LVFPD's actions upon the LTUSD property.

CSL T /L VFPD agrees to hold L TUSD harmless for any loss or expense, including reasonable attorneys' fees and costs, arising from any such liens, which might be filed against the LTUSD property as a result ofCSLT or LVFPD's respective actions.

20. Notices. Any notices required to be given shall be in writing and shall be deemed given: (a) on the date of delivery when personally delivered, or delivered by overnight courier; or (b) three (3) days after deposit when sent certified mail return receipt requested, postage or courier charges prepaid, and addressed to the party for whom intended at such party's address herein specified, or as otherwise hereafter specified by either party:

LTUSD
ATTN: D� JQ.,b"'
1021 Al Tahoe Blftf.

South Lake Tahoe, CA 96150
CSLT
ATTN: '--- -------
[Address]
LVFPD
ATTN: ---------
[Address]
Morton Goldberg
2211 Keetak Street
South Lake Tahoe, CA 96150
Heather Stroud, City Attorney
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
416

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MOU

21. Insurance. CSLT /L VFPD, at its own cost and expense, shall procure and maintain, for the duration of this MOU, the following insurance policies. a. Workers Compensation Coverage. CSLT /LVFPD shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for its employees in accordance with the laws of the State of California. b. Commercial General Liability Coverage. CSLT /LVFPD shall maintain commercial general liability insurance no less broad than ISO form CG 00 0 I 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 L TUSD. 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 MOU or the general aggregate limit shall be at least twice the required occurrence limit.
c. Automobile Liability Coverage. CSL T /L VFPD shall maintain automobile liability insurance covering bodily injury and property damage for all activities of CSL T /L VFPD arising out of or in connection with the work to be performed under this MOU, 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.
d. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best's rating of no less than A:VII and shall be endorsed with the following specific language:
• L TUSD, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured's under CSLT /LVFPD's General Liability and Automobile Liability policies with respect to liability arising out of this MOU and/or work performed by or on behalf of CSL T /L VFPD, including materials, parts or equipment furnished in connection with such work or operations. • This policy shall be considered primary insurance as respects L TUSD, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by L TUSD, including any self-insured retention L TUSD may have, shall be considered excess insurance only and shall not contribute with it.
• 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 CSL T /L VFPD. • The insurer waives all rights of subrogation against LTUSD except for CSLT /LVFPD's Employers' Liability policy, its elected or appointed officers, officials, employees or agents.
• Any failure to comply with reporting provisions of the policies shall not affect coverage provided to L TUSD, its elected or appointed officers, officials, employees, agents or volunteers.
• No policies of insurance carried by CSLT /L VFPD shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to L TUSD by Certified Mail.
e. Deductibles and Self-Insured Retentions. CSLT /LVFPD shall be responsible for all deductibles in all of CSLT /LVFPD's insurance policies. The amount of 417
MOU

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deductibles for insurance coverage required herein shall be reasonable and approved by LTUSD.
f. Certificates of Insurance. CSL T /L VFPD shall provide certificates of insurance with original endorsements to LTUSD as evidence of the insurance coverage required herein. CSL T /L VFPD shall not commence work under this contract until all insurance required under this section has been approved by L TUSD as to form, amount and carrier, nor shall CSLT /L VFPD 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 LTUSD and approved, in writing, by L TUSD.

22. Prevailing Wages. Ifrelevant to this MOU's services, CSLT/LVFPD shall comply with all applicable provisions of the California Labor Code, Division 3, Part 7, Chapter 1, Articles 1 - 5, including, without limitation, the payment of the general prevailing per diem wage rates for public work projects of more than one thousand dollars ($1,000).

Copies of the prevailing rate of per diem wages are on file with LTUSD. Pursuant to applicable law, CSL T and L VFPD shall not be required to pay their employees prevailing wages for performing services under this MOU.

23. Registration: If applicable, before a public works contract can be awarded, CSLT/LVFPD's contractors and its subcontractor(s) shall be registered with the Department of Industrial Relations in accordance with Labor Code section 1771.1. At least one week before commencing work, CSLT/L VFPD shall provide to LTUSD the name and DIR registration number for CSLT/LVFPD's contractor and any applicable subcontractor.

24. Certified Payroll Records: CSLT/LVFPD's contractors and its subcontractor(s) shall keep accurate certified payroll records of workers and shall electronically submit certified payroll records directly to the Department of Industrial Relations weekly or within ten (10) days of any request by L TUSD or the Department of Industrial Relations.

25. Labor Compliance: CSLT/LVFPD's contractor shall perform the services of the project while complying with all the applicable regulations, including section 16000, et seq., of Title 8 of the California Code of Regulations and is subject to labor compliance monitoring and enforcement by the Department of Industrial Relations.

26. This MOU constitutes the entire agreement between the parties. It may not be modified or amended except in a writing signed by all parties. The rights and obligations hereunder may not be transferred or assigned without the prior written consent of the parties hereto.

27. This MOU shall be binding on and inure to the benefit of the heirs, successors and assigns of the parties hereto.

28. This MOU and all issues arising hereunder shall be governed by and construed in accordance with the laws of the State of California and any action brought relating to this MOU shall be held exclusively in the Superior Court in the County of El Dorado.

29. The undersigned represent that they are duly authorized to legally bind their respective organizations to the terms of this MOU.

Counterparts. This MOU may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
418

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MOU
In witness whereof, the parties have entered into this Memorandum of Understanding.

Date:

Lake Tahoe Unified School District
By: Todd Cutler
Superintendent
Lake Valley Fire Protection District
By�hMSt��
Fire Chief
City of South Lake Tahoe
By: Joeseph D. Irvin
City Manager
Signed in Counterpart
419

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MOU
In witness whereof, the parties have entered into this Memorandum of Understanding.

Date: Lake Tahoe Unified School District
Date:
____________________________
By: Todd Cutler
Superintendent
Lake Valley Fire Protection District
_signed in counterpart ____
By: Chad Stephen
Fire Chief
Date: City of South Lake Tahoe
____________________________
By: Joeseph D. Irvin
City Manager
signed in counterpart
____________________________
By: Heather Stroud City Attorney
Date:_________________
____________________________
By: Susan Blankenship, City Clerk
Date:__________________
420
MOU

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Exhibit A

CRIMINAL BACKGROUND INVESTIGATION
/FINGERPRINTING CERTIFICATION
Right of Entry Agreement between the Lake Tahoe Unified School District ("District"), City of South Lake Tahoe ("Contractor"), and Lake Valley Fire Protection District ("Contractor").

The undersigned does hereby certify to the District that I am a representative of the Contractor currently under contract with the District; that I am familiar with the facts herein certified; and that I am authorized and qualified to execute this certificate on behalf of Contractor. Contractor certifies that it has taken at least one of the following actions (check all that apply):
421

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MOU
ATTACHMENT "A"
List of Employees/Subcontractors
Name/Company: ___________________________ _
Name/Company: ___________________________ _
Name/Company: ___________________________ _
Name/Company: ___________________________ _
Name/Company: ___________________________ _
Name/Company: __________________________ _
Name/Company: ___________________________ _
Name/Company: __________________________ _
Name/Company: __________________________ _
Name/Company: ________________________ __ _
Name/Company: ___________________________ _
Name/Company: ___________________________ _
Name/Company: ___________________________ _
Name/Company: _________________________ _ _
Name/Company: ___________________________ _
Name/Company: ___________________________ _
Name/Company: ___________________________ _
If further space is required for the list of employees/subcontractors, attach additional copies of this page.

END OF DOCUMENT
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This page left intentionally blank.
424
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 13, 2024
Agenda Item #:6
Agenda Item: Request for modification for the City's current Stevens Authority pass through Grant Funding from the USFS
Executive Summary: The USFS, Lake Tahoe Management Unit, reached out to City Staff to to offer additional funding to our current Stevens Authority pass through Grant Funding approved on May 4 2021 in the amount of $200,000 for a Hazardous Fuel Reduction project at the Lake Tahoe Airport.Â The USFS also has an additional $321,289 planned to be allocated in 2024 through the same funding source and funding agreement previously approved. Â The additional $321,289 is allocated for a second project located within the city limits on School District property behind the High School.Â All matching funds are being provided by the California Tahoe Conservancy funded positions from the Fire Dept, Lake Valley Fire District and the Tahoe Resource Conservation District staff to oversee and manage the project. The additional funding agreement also changes the performance period for the grant to July 25, 2026.

Requested Action / Suggested Motions: Pass a Resolution 1) approving the application for Hazardous Fuel Reduction at the LTUSD High School property, and accept the award of up to $321,289; 2) appointing the Fire Chief or a designee to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project; and 3) Accepting the grant funds and authorizing the Finance Director to appropriate the funds into the budget.

Responsible Staff Member: Jay Manning, Division Chief
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - USFS Grant Funding.docx
02-Resolution - USFS Hazardous Fuel Reduction Project.docx 03-USFS Modified Agreement.pdf
04-Map of Project Area
425
Council Agenda Report August 13, 2024 Page | 1
City of South Lake Tahoe
Report to City Council
Meeting Date: August 13, 2024
Title: Request for modification for the City's current Stevens Authority pass through Grant Funding from the USFS.

Location: Citywide
Responsible Staff Members: Jay Manning, Division Chief
Background: City's current Stevens Authority pass through Grant Funding from the USFS, Lake Tahoe Management Unit approved on May 4 2021 in the amount of $200,000 for a Hazardous Fuel Reduction project at the Lake Tahoe Airport. The funding was for Non-Federal Lands as a pass-through grant (“Stevens Authority”). USFS Staff have reached out to city staff offering additional funding that is available from the same grant in the amount of $321,289 for an additional project. Staff have been working closely with our South Shore Partners, LTUSD, LVFPD, CTC, Tahoe RCD and Cal Fire to identify and plan fuels reduction projects within the South Shore Division of the TFFT. Staff is seeking City Council approval to accept a modification to the originally accepted grant and authorize the City Manager, or designee to sign and submit all documents, including by not limited to applications, agreement amendments, payment requests, and necessary documents for the completion of the grant scope.

Issue and Discussion: The City of South Lake Tahoe Airport, Public Works, Fire Department and Parks & Recreation Divisions have been working collaboratively to create a more fire adapted community on the south shore of Lake Tahoe through removal of disease, dead and dying trees from City Parks and Campgrounds; high density stream zones under City jurisdiction; and fuel load reduction around Airport facilities. The Modification requested will provide funding through this grant that will go towards addressing dense area fuel reduction treatment on parcels surrounding the South Tahoe High School. If awarded the city will solicit Contractual Services for Biological Assessment Survey, Timber Operations, and Forestry Services to the extent possible with available funding. The modification also changes the deliverable date to July 25, 2026 While the City of South Lake Tahoe, Lake Valley Fire Protection District and Tahoe Fire & Fuel Team have already embarked on forest fuel load reduction and defensible space initiatives surrounding critical south shore assets, there are still areas within the community that require fuels reduction work to ensure the safety of our community. The total Area requiring hazardous fuel reduction treatment on the High School property is 80.1 acres. This funding will support a small these efforts with the grant match coming from the CTC grant awarded positions from SLTFD, LVFPD and the Tahoe RCD. Treatment through this funding will focus on thinning from below, where intermediate and suppressed, hazard trees, and dead, dying and diseased trees are 426
Council Agenda Report August 13, 2024 Page | 2
removed. This project will reduce fuels and implement and maintain reduced vegetation around all structures to the extent possible. Defensible space will protect critical school district assets.

Financial Implications: Modification to the current grant will be in an amount of $321,289.

Upon award, funds should be appropriated into the Fiscal Year 2024-26 budget as follows:

Account# 215 02270
Revenue 33117: USFS $321,289
Expense 42025: Contractual Services $321,289
Environmental Considerations: This project will require both CEQA (California Environmental Quality Act) and NEPA (National Environmental Policy Act) documentation as consistent with both Federal and State Construction projects.

Policy Implications: Per Financial Management- Grant Funding and Compliance Policy approved by City Council on Sept. 8, 2020; section 2.3 City Council Approval to Apply: City Council approval to apply is required for ALL Grant Applications. A detailed staff report and a resolution (if required) should be brought forth to City Council for Council approval/adoption. 427
Resolution 2024-XXX August 13, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
August 13, 2024
Modification to USFS Hazardous Mitigation Treatments on Non-Federal Lands (Stevens Authority) pass-through Grant Award

BACKGROUND
A. In May 2021, the City was awarded grant funding through USFS and a “Stevens Authority” grant award to perform hazardous fuel reduction at Lake Tahoe Airport. The funding was for $200,000 for the Airport West project scheduled for completion in the Fall of 2024.

B. The USFS has offered an additional $321,289 available in 2024 allocated “Stevens Authority” funding to pass-through to the City to enhance the funding available for fuel reduction on the LTUSD High School property set up as a project number 2.

C. The City of South Lake Tahoe will enter into an agreement with USFS to carry out a portion of the City of South Lake Tahoe, Hazardous Fuel Reduction project at the High School property with matching funds for management, permitting and planning to come from the CTC grant awarded to the City of South Lake Tahoe, Lake Valley Fire District and the Tahoe RCD.

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

1. Approves the application for Hazardous Fuel Reduction at the LTUSD High School property and accept the award of up to $321,289.

2. Certifies that the City of South Lake Tahoe has or will have sufficient funds to operate and maintain the project.

3. Certifies that funds under the jurisdiction of The City of South Lake Tahoe are available to begin the project.

4. Certifies that said applicant will expend grant funds in accordance with Grant Agreement Between United States Forest Service and the City of South Lake Tahoe.

5. Appoints Fire Chief or a designee to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project.

6. Accept the grant funds and authorize the Finance Director to appropriate the funds into the budget as follows:

Account# 215 02270
Revenue 33117: USFS $321,289
428
Resolution 2024-XXX August 13, 2024 Page 2 of 2
Expense 42025: Contractual Services $321,289
Adopted by the City of South Lake Tahoe City Council on August 13, 2024 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cody Bass, Mayor
Attest:
_________________________
Susan Blankenship, City Clerk
429
USDA Forest Service OMB 0596-0217
FS-1500-19

11. SIGNATURES
AUTHORIZED REPRESENTATIVE: BY SIGNATURE BELOW, THE SIGNING PARTIES CERTIFY THAT THEY ARE THE OFFICIAL REPRESENTATIVES OF

THEIR RESPECTIVE PARTIES AND AUTHORIZED TO ACT IN THEIR RESPECTIVE AREAS FOR MATTERS RELATED TO THE ABOVE-REFERENCED GRANT/AGREEMENT.

11.A. SIGNATURE 11.B. DATE
SIGNED

11.C. U.S. FOREST SERVICE SIGNATURE 11.D. DATE
SIGNED
(Signature of Signatory Official) (Signature of Signatory Official)

11.E. NAME (type or print): JIM DRENNAN 11.F. NAME (type or print): ERICK WALKER

11.G. TITLE (type or print): CSLT Fire Chief 11.H. TITLE (type or print): Forest Supervisor

12. G&A REVIEW

12.A. The authority and format of this modification have been reviewed and approved for signature by:
______________________________________
Christine VanderMolen U.S. Forest Service Grants & Agreements Specialist

12.B. DATE
SIGNED

MODIFICATION OF GRANT OR AGREEMENT PAGE OF PAGES
1 1. U.S. FOREST SERVICE GRANT/AGREEMENT NUMBER:
21-PA-11051900-016

2. RECIPIENT/COOPERATOR GRANT or
AGREEMENT NUMBER, IF ANY:

3. MODIFICATION NUMBER:
001

4. NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING GRANT/AGREEMENT (unit name, street, city, state, and zip + 4):

Pacific Southwest Region
Office of Grants and Agreements
1323 Club Drive, Vallejo, CA 94592-1110

5. NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING PROJECT/ACTIVITY (unit name, street, city, state, and zip + 4):

Lake Tahoe Basin Management Unit
35 College Drive, South Lake Tahoe, CA 96150-4500

6. NAME/ADDRESS OF RECIPIENT/COOPERATOR (street, city, state, and zip + 4, county):

City of South Lake Tahoe
1901 Airport RD , South Lake Tahoe, California 96150-
7009

7. RECIPIENT/COOPERATOR’S HHS SUB ACCOUNT NUMBER (For HHS payment use only):

8. PURPOSE OF MODIFICATION

CHECK ALL
THAT APPLY:

This modification is issued pursuant to the modification provision in the grant/agreement referenced in item no. 1, above.

CHANGE IN PERFORMANCE PERIOD: 07/25/2026
CHANGE IN FUNDING: $321,289.00
ADMINISTRATIVE CHANGES:

OTHER (Specify type of modification):

Except as provided herein, all terms and conditions of the Grant/Agreement referenced in 1, above, remain unchanged and in full force and effect.

9. ADDITIONAL SPACE FOR DESCRIPTION OF MODIFICATION (add additional pages as needed):

Modification adds additional funding, with a total addition of $321,289.00 - as well as extending the agreement to it's fullest term, with a new expiration date of 07/25/2026.

10. ATTACHED DOCUMENTATION (Check all that apply):

Revised Scope of Work
Revised Financial Plan
Other:
430
USDA Forest Service OMB 0596-0217
FS-1500-19
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD).

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. 431
U.S. Forest Service OMB 0596-0217
FS-1500-17B
Attachment:

USFS Agreement No.: Mod. No.: 1
Cooperator Agreement No.:

Financial Plan Matrix: Note: All columns may not be used. Use depends on source and type of contribution(s). (a) (b) (c) (d)
Cash
COST ELEMENTS Noncash to Noncash In-Kind
Direct Costs Cooperator
Salaries/Labor $0.00 $0.00 $65,000.00 $0.00 $65,000.00
Travel $0.00 $0.00 $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00 $0.00 $0.00
Supplies/Materials $0.00 $0.00 $0.00 $0.00 $0.00
Printing $0.00 $0.00 $0.00 $0.00 $0.00
Other $0.00 $321,289.00 $0.00 $0.00 $321,289.00
Other $0.00
Subtotal $0.00 $321,289.00 $65,000.00 $0.00 $386,289.00 Coop Indirect Costs $0.00 $0.00 $0.00
FS Overhead Costs $0.00 $0.00
Total $0.00 $321,289.00 $65,000.00 $0.00
$386,289.00
(a+b) ÷ (e) = (f)
Total Cooperator Share
(c+d) ÷ (e) = (g)
Total (f+g) = (h)
100.00%
(h)
(g)
Matching Costs Determination
Total Forest Service Share = (f)

83.17%
Total Project Value:
(e)
Total

16.83%
Agreements Financial Plan (Short Form)
21-PA-11051900-016
Note: This Financial Plan may be used when:
(1) No program income is expected and
(2) The Cooperator is not giving cash to the FS and
(3) There is no other Federal funding

FOREST SERVICE CONTRIBUTIONS COOPERATOR CONTRIBUTIONS

Page 1 ends

432
U.S. Forest Service OMB 0596-0217
FS-1500-17B
Item # of Units Cost/Unit Total
mechanical fuels work (contract) $192,774.00
RPF/fuels crew labor hours (contract) $64,258.00
materials transportation/removal (contract) $64,257.00
$0.00
Total Other $321,289.00
Current Overhead Rate Total
$0.00
$0.00

WORKSHEET FOR
Standard Calculation
FS Cash to the Cooperator Cost Analysis, Column (b)
TOTAL COST $321,289.00
$321,289.00
Total Coop. Indirect Costs
Other Expenses
Subtotal Direct Costs
Cooperator Indirect Costs
Subtotal Direct Costs
$321,289.00
Non-Standard Calculation

Page 3 ends

433
U.S. Forest Service OMB 0596-0217
FS-1500-17B
Job Description Cost/Day # of Days Total
Administrative $39,000.00
Permitting $13,000.00
Planning $13,000.00
$0.00
$0.00
Total Salaries/Labor $65,000.00
Current Overhead Rate Total
$0.00
$0.00

WORKSHEET FOR
Non-Standard Calculation
Cooperator Non-Cash Contribution Cost Analysis, Column (c) Salaries/Labor
Standard Calculation
TOTAL COST $65,000.00
$65,000.00
Total Coop. Indirect Costs
Subtotal Direct Costs
Cooperator Indirect Costs
Subtotal Direct Costs
$65,000.00

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Scope of Work for 21-PA-110519-016:

The revised scope of work for 21-PA-110519-016 is primarily defined by adding additional funds to the agreement to support hazardous fuels reduction work at a new location, the City of South Lake Tahoe High School (cooperator) and extending the expiration date of the agreement until 07/25/2026.

The hazardous fuels reduction work included in the modification occurs on lands that are nonfederal owned lands, and that are owned by the City of South Lake Tahoe. A map of the project area is included below. In the map, the project area is the land adjacent to the high school within the blue highlighted buffer, which is the USFS land boundary. The hazardous fuels reduction activities are the same as what was included in the original agreement. The only change to the scope of work is the addition of a new location. The matching contribution offered by the cooperator will be directed towards all non-implementation costs, in an effort to use the USFS funds exclusively towards implementation. Currently, the planned non-implementation costs should be less than the matching contribution. The extended expiration date will allow additional time for the work to occur.
435
436
437
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 13, 2024
Agenda Item #:7
Agenda Item: Ratification of Participation in National Opioid Litigation Settlement with Kroger and Acceptance and Appropriation of Settlement Funds
Executive Summary: In June 2024, the City received notice of an opportunity to participate in a new nationwide opioid settlement with the national pharmacy chain Kroger. This settlement has terms similar to the previous settlements City Council authorized with the opioid distributors, Janssen, Teva, Allergan, CVS, Walgreens, and Walmart. The City is estimated to receive $57,629 over 11 years. The deadline to join the Kroger settlement was August 12, 2024, so the City Attorney executed the settlement documents and is requesting that City Council ratify the settlement.

Requested Action / Suggested Motions: Pass a Resolution ratifying participation in the national opioid litigation settlement with Kroger and accepting and appropriation settlement funds in an estimated amount of $57,629.

Responsible Staff Member: Heather Stroud, City Attorney Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Attachments:
01-Staff Report Kroger.docx
02-Resolution Kroger.docx
03 - Kroger Settlement Docs (Exh. A to Reso).pdf
04 - Nationwide Kroger Settlement Exhibit E.pdf
438
Council Agenda Report- August 13, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: August 13, 2024
Title: Ratification of Participation in National Opioid Litigation Settlement with Kroger and Acceptance and Appropriation of Settlement Funds
Location: Citywide
Responsible Staff Member: Heather Stroud, City Attorney (530) 542-6046 Background:

On December 7, 2021, City Council adopted Resolution No. 2021-105 which approved the City’s participation in the National Opioid Litigation Settlement (Distributors and Janssen). On September 7, 2022, City Council adopted Resolution No. 2022-112 to accept and appropriate the settlement funds. The $26 Billion settlement consisted of agreements with opioid distributors McKesson, Cardinal Health, and Amerisource Bergen and opioid manufacturer Janssen. On April 6, 2023, City adopted Resolution No. 2023-030 to join a second round of nationwide settlements involving Teva, Allergan, CVS, Walgreens, and Walmart. In June 2024, the City was notified of an opportunity to participate in a new settlement with national pharmacy chain Kroger, with a deadline to join of August 12, 2024. Because there was no available City Council meeting before that date, the City Attorney signed the settlement documents on June 24, 2024, and is requesting that City Council ratify the settlement.

Like the previous nationwide settlements, the Kroger settlement will cover all states, counties, and cities, including those like the City of South Lake Tahoe who are not parties to the litigation.

Kroger will pay $1.37 Billion over an 11-year period. Under the terms of the settlements, California is slated to receive up to 8.84 percent of the total amount, or up to $122 million. Eighty-five percent of the abatement funds will go to eligible counties and cities over 10,000 in population based on the 2020 census, whether or not they have filed a lawsuit. Settlement funds distributed to cities and counties may be used only for approved abatement activities.

Issue and Discussion:

The City, as a non-litigating entity, has two options: (1) Opt in to the settlements; or (2) Do not opt in.

If the City opts in to the settlements, it must release its claims against the Defendants. The City would have the ability to either receive the settlement funds directly or have them allocated to El Dorado County, and can change the allocation over time by notifying the Settlement Fund Administrator at least 60 days prior to each annual distribution. The funds may be used only for approved opioid abatement activities such as opioid overdose training for first responders, recovery programs, and opioid prevention outreach (see Exhibit E to the Kroger Settlement Agreement, attached). Additionally, at least 50 percent of the funds received must be used for 439
Council Agenda Report- August 13, 2024 Page 2 of 3
High Impact Abatement Activities, which are: (1) the provision of matching funds or operation costs for substance abuse disorder facilities; (2) creating new or expanded substance use disorder treatment infrastructure; (3) addressing the needs of vulnerable populations including homeless individuals and people of color who are disproportionately impacted by substance use disorder; (4) diversion from the justice system of people with substance use disorder into treatment programs including first responder training and restorative justice programs; (5) interventions to prevent drug addition in vulnerable youth; and (6) the purchase of naxalone for distribution and efforts to expand access to naxalone for opioid overdose reversals. The City is responsible for annual reporting to the State of directly distributed funds.

Like the funds from the previous settlements, these funds will be used for allowable opioid abatement activities in support of the City’s Reimbursement Agreement with Barton Healthcare System and the Police Department’s South Tahoe Alternative Collaborative Services (STACS) program.

Staff recommends that City Council delegate authority to the City Manager and City Attorney to determine whether to accept direct distribution on an annual basis and to negotiate any agreement with El Dorado County that may be desirable if part or all of the City’s distribution is determined to be appropriate to go to the County for provision of these services. The City Manager and City Attorney intend to select direct distribution of the funds for year one.

The allocation model distributes funds based on a city’s population and available federal data on opioid use, disorder, overdose deaths, and opioid shipments within a city. The City of South Lake Tahoe’s “weighted allocation percentage” is 0.0665456 percent. Although the funds allocated to the City will depend on the participation level among cities and counties in California, it is anticipated that based on this weighted allocation percentage and the amount of funds the City has received thus far under the Distributors and Janssen settlement using the same formula, the City would receive approximately $57,629 over 11 years.

By not opting in, the City would not be a participant in the settlement but would retain the ability to pursue its own litigation against the Defendants in the future if desired. If the City does not opt in, then the funds otherwise allocated to the City would go to the State.

More information about these national opioid settlements and the California allocation is available on the Attorney General’s website at https://oag.ca.gov/opioids.

Financial Implications:

The proposed resolution would authorize and direct the City Attorney to execute the settlements and direct the Director of Finance to accept and appropriate these funds into Account No. 290- 02110-36294 (Opioid Settlement Proceeds). The total distribution over the 11-year term of the settlement is estimated to be up to $57,629.

Environmental Considerations:

This action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).

Policy Implications:
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Council Agenda Report- August 13, 2024 Page 3 of 3
This action is consistent with City of South Lake Tahoe Strategic Plan 2023-2028 Priority 3.1 (Mental Health and Homelessness), specifically action item 2 (Explore uses of opioid settlement money for those experiencing substance use disorders).
441
Resolution 2024-XXX August 13, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
August 13, 2024
Ratifying Participation in National Opioid Litigation Settlement with Kroger and Accepting and Appropriating Settlement Funds

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

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

B. On September 7, 2022, City Council adopted Resolution No. 2022-112 to accept and appropriate the funds from the settlement with distributors and Janssen.

C. On April 6, 2023, the City Council Adopted Resolution No. 2023-030 authorizing participation in settlements with Teva, Allergan, CVS, Walgreens, and Walmart. Under the terms of the settlements, $18.1 Billion would be paid over a 15-year period.

D. In June 2024, the City was notified of an opportunity to participate in a new settlement with national pharmacy chain Kroger, with a deadline to join of August 12, 2024. Because there was no available City Council meeting before that date, the City attorney signed the settlement documents on June 24, 1024, and is requesting that City Council ratify the settlement.

E. While the City is not a party to this litigation, it may opt in to the settlements and receive the benefits of the settlements in exchange for releasing its potential claims against Kroger.

F. The more cities with populations greater than 10,000, such as the City, opt in to the settlements, the more funds will be received under the incentive structure of the settlements.

G. Opting into the settlements will enable the City to receive funds from the settlements, estimated to be approximately $57,629 over 11 years, which can be used to mitigate the impacts of opioid use disorder in the community.

H. The City intends to use the settlement funds in support of the Reimbursement Agreement with Barton Healthcare System and the Police Department’s South Tahoe Area Collaborative Services (STACS) program.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
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Resolution 2024-XXX August 13, 2024 Page 2 of 2

1. Ratifies the execution of the Subdivision Participation and Release Form and California State-Subdivision Agreement with Kroger (attached hereto as Exhibit “A”).

2. Delegates to the City Manager and City Attorney, on an annual basis, to select direct distribution of some or all of the City’s settlement funds, or to select distribution of some or all of the City’s settlement funds to El Dorado County.

3. Delegates to the City Manager and City Attorney authority to negotiate an agreement with El Dorado County for use of the City’s settlement funds to provide County services in the City, to be brought back to City Council prior to execution.

4. Authorizes and directs the Finance Director to accept and appropriate these settlement funds into Account No. 290-02110-36294 (revenue) and 290-02210-42025 (expenditures).

Adopted by the City of South Lake Tahoe City Council on August 13, 2024, by the following vote:

Yes:

No:

Absent:

THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW NATIONAL OPIOIDS SETTLEMENT. YOU MUST TAKE ACTION IN ORDER TO PARTICIPATE.

Deadline: August 12, 2024
A new proposed national opioids settlement (“New National Opioids Settlement”) has been reached with Kroger (“Settling Defendant”). This Participation Package is a follow-up communication to the Notice of National Opioids Settlement recently received electronically by your subdivision.

You are receiving this Participation Package because California is participating in the Kroger settlement.

This electronic envelope contains three attachments:
 The Participation Form for the Kroger settlement, including a release of any claims;
 California State Subdivision Agreement for Kroger; and  Side-letter agreement between California and Kroger
The Participation Form and California State-Subdivision Agreement must be executed, without alteration, and submitted on or before August 12, 2024, in order for your subdivision to be considered for initial participation calculations and payment eligibility.

The side-letter agreement between California and Kroger modifies, as it applies to California, one injunctive relief term contained in Exhibit P, Section IX(5)(1) of the Kroger National Settlement Agreement.

Based upon subdivision participation forms received on or before August 12, 2024, the subdivision participation rate will be used to determine whether participation is sufficient for the settlement to move forward and whether a state earns its maximum potential payment under the settlement. If the settlement moves forward, your release will become effective. If a settlement does not move forward, that release will not become effective.

Any subdivision that does not participate cannot directly share in the settlement funds, even if the subdivision’s state is settling and other participating subdivisions are sharing in settlement funds. Any subdivision that does not participate may also reduce the amount of money for programs to remediate the opioid crisis in its state.

DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1149 44
Please note, a subdivision will not necessarily directly receive settlement funds by participating; decisions on how settlement funds will be allocated within a state are subject to intrastate agreements or state statutes.

You are encouraged to discuss the terms and benefits of the New National Opioids Settlement with your city attorney/county counsel, outside counsel representing your city/county on opioid matters, the Attorney General’s Office, and other contacts within your state. Many states are implementing and allocating funds for this new settlement the same as they did for the prior opioids settlements with McKesson, Cardinal, Cencora (formerly AmerisourceBergen), J&J/Janssen, Teva, Allergan, CVS, Walgreens, and Walmart but states may choose to treat this settlement differently.

Information and documents regarding the New National Opioids Settlement and how it is being implemented in your state and how funds will be allocated within your state can be found on the national settlement website at https://nationalopioidsettlement.com/ and the California Attorney General’s website at https://oag.ca.gov/opioids. This website will be supplemented as additional documents are created. Please also refer to the Side-Letter Agreement with Kroger, which modifies the Kroger National Opioid Settlement’s injunctive relief within the State of California.

How to return signed forms:

There are three methods for returning the executed Participation Form, the California-State Subdivision Agreement (“Subdivision Agreement”), and any supporting documentation to the Implementation Administrator:
(1) Electronic Signature via DocuSign: Executing the Participation Form and the Subdivision Agreement electronically through DocuSign will return the signed form to the Implementation Administrator and associate your form with your subdivision’s records. Electronic signature is the most efficient method for returning the Participation Form and the Subdivision Agreement, allowing for more timely participation and the potential to meet higher settlement payment thresholds, and is therefore strongly encouraged. (2) Manual Signature returned via DocuSign: DocuSign allows forms to be downloaded, signed manually, then uploaded to DocuSign and returned automatically to the Implementation Administrator. Please be sure to complete all fields and note that execution and return of both the Subdivision Agreement and the Participation Form are required for participation in the corresponding settlement. As with electronic signature, returning a manually signed Participation Form and Subdivision Agreement via DocuSign will associate your signed forms with your subdivision’s records. (3) Manual Signature returned via electronic mail: If your subdivision is unable to return an executed Participation Form and Subdivision Agreement using DocuSign, the signed Participation Form and Subdivision Agreement may be returned via electronic mail to [email protected]. Please include the name, state, and reference ID of your subdivision in the body of DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1150 445
the email and use the subject line Settlement Participation Form – [Subdivision Name, Subdivision State] – [Reference ID]. Note that execution and return of both the Subdivision Agreement and the Participation Form are required for participation in the corresponding settlement.

Detailed instructions on how to sign and return the Participation Form and Subdivision Agreement, including changing the authorized signer, can be found at https://nationalopioidsettlement.com/. You may also contact [email protected].

The sign-on period for subdivisions ends on August 12, 2024.

If you have any questions about executing the Participation Form, please contact your city attorney/county counsel, outside counsel representing your city/county on opioids matters, the Implementation Administrator at
[email protected], or the California Attorney General’s Office at [email protected].

Thank you,
New National Opioids Settlement Implementation Administrator The Implementation Administrator is retained to provide the settlement notice required by the New National Opioids Settlement and to manage the collection of the Participation Form.

DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1151 446
Subdivision Participation and Release Form
Governmental Entity: South Lake Tahoe city State: CA
Authorized Signatory: /officialname_kroger/
Address 1: /address1_kroger/
Address 2: /address2_kroger/
City, State, Zip: /cit_kr/ /state_kr/ /zi_kr/
Phone: /phone_kroger/
Email: /email_kroger/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated March 22, 2024 (“Kroger Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Kroger Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the Kroger Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Kroger Settlement and become a Participating Subdivision as provided therein.

2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/.

3. The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to Participating Subdivisions as defined therein.

4. By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

5. The Governmental Entity agrees to use any monies it receives through the Kroger Settlement solely for the purposes provided therein.

6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Kroger Settlement. The Governmental Entity likewise agrees to arbitrate before the National 1 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 California 96150
1901 Lisa Maloff Way
530-542-6046
Suite 300
South Lake Tahoe
[email protected]
Heather Stroud, City Attorney
1152 447
Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Kroger Settlement.

7. The Governmental Entity has the right to enforce the Kroger Settlement as provided therein.

8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Kroger Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Kroger Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Kroger Settlement shall be a complete bar to any Released Claim.

9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Kroger Settlement.

10. In connection with the releases provided for in the Kroger Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Kroger Settlement.
2 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1153 448

11. Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Kroger Settlement in any respect, the Kroger Settlement controls.

I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.

Signature: /signer_1_kroger/
Name: /name_1_kroger/
Title: /title_1_kroger/
Date: /date_1_kroger/
3 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 6/24/2024
Heather Stroud
City Attorney
1154 449
Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Kroger Settlement

1. Introduction
Pursuant to the Kroger Settlement Agreement, dated as of March 22, 2024, and any revision thereto as well as any modification thereto entered into by the State of California and Kroger (the “Kroger Settlement Agreement”), including Section V and Exhibit O, the State of California proposes this agreement (the “CA Kroger Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections IV and V of the Kroger Settlement Agreement. For the avoidance of doubt, this agreement does not apply to payments made pursuant to Section IX of the Kroger Settlement Agreement.

Pursuant to Exhibit O, Paragraph 4, of the Kroger Settlement Agreement, acceptance of this CA Kroger Allocation Agreement is a requirement to be an Initial Participating Subdivision.

2. Definitions
a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Kroger Settlement Agreement. b) Allergan Settlement Agreement means the Allergan Settlement Agreement dated November 22, 2022, and any revision thereto.
c) CVS Settlement Agreement means the CVS Settlement Agreement dated December 9, 2022, and any revision thereto as well as any modification thereto entered into by the State of California and CVS.
d) Distributor Settlement Agreement means the Distributor Settlement Agreement dated July 21, 2021, and any revision thereto.
e) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto.
f) Teva Settlement Agreement means the Teva Settlement Agreement dated November 22, 2022, and any revision thereto.
g) Walgreens Settlement Agreement means the Walgreens Settlement Agreement dated December 9, 2022, and any revision thereto.
h) Walmart Settlement Agreement means the Walmart Settlement Agreement dated November 14, 2022, and any revision thereto.
i) CA Litigating Special District means a Litigating Special District located in California. CA Litigating Special Districts include Downey Unified School District, 1 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1155 40
Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, San Leandro Unified School District, Pleasant Valley School District Board, and LA Care Health Plan.
j) Plaintiff Subdivision means a Subdivision located in California, other than a CA Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. k) Opioid Defendant means any defendant (including but not limited to Kroger Co., Walgreen Co., Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., Walmart Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020.

3. General Terms
This agreement is subject to the requirements of the Kroger Settlement Agreement, as well as applicable law, and the Kroger Settlement Agreement governs over any inconsistent provision of this CA Kroger Allocation Agreement. Terms used in this CA Kroger Allocation Agreement have the same meaning as in the Kroger Settlement Agreement unless otherwise defined herein.

Pursuant to Section V(D)(1) of the Kroger Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the Kroger Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation.

4. State Allocation
The Settlement Fund payments to California,1 pursuant to the Kroger Settlement Agreement, shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlement Fund shall be combined pursuant to this CA Kroger Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”). 1 For purposes of clarity, use of the term “California” refers to the geographic territory of California and the state and its local governments therein. The term “State” or “State of California” refers to the State of California as a governmental unit. 2 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1156 41
A. State of California Allocation
Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation.

B. CA Abatement Accounts Fund
i. Allocation of CA Abatement Accounts Funds
a) Seventy percent of the total Settlement Fund payments will be allocated to the CA Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision. The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 in the column entitled abatement percentage (the “Local Allocation”). For the avoidance of doubt, CA Litigating Special Districts and California towns, cities, and counties with a population less than 10,000 are not eligible to receive an allocation of CA Abatement Accounts Funds.
b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision, and will receive payments as provided in the Kroger Settlement Agreement. c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a CA Participating Subdivision, and (b) the city did not elect to receive its share of funds in the National Opioids Settlement with Distributors AmerisourceBergenCorporation, Cardinal Health, Inc., and McKesson Corporation (the “Distributors Settlement”). If a city later changes or has already changed its distribution election in the Distributors Settlement, that change in election will apply here, provided that the change in election is received by the settlement administrator at least 60 days prior to a Payment Date. A Local Allocation share allocated to a city but paid to a county is not required to be spent exclusively for abatement activities in that city, but will become part of the county’s share of the CA Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight).
d) A city within a county that is a CA Participating Subdivision may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the Settlement Fund Administrator at least 60 days prior to a Payment Date. For purposes of this CA Kroger Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San Jose and 3 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1157 42
Eureka will be deemed to have elected direct payment if they become Participating Subdivisions.
e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2.
ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the Kroger Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; (5) interventions to prevent drug addiction in vulnerable youth, including but not limited to, youth in foster care, juvenile justice-impacted youth, youth experiencing adversities related to socioeconomic status, and unhoused youth; and/or (6) the purchase of naloxone for distribution and efforts to expand access to naloxone for opioid overdose reversals.
4 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1158 43
c) The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list. d) For the avoidance of doubt, and subject to the requirements of the Kroger Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated.
iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement.
b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the Kroger Settlement Agreement or this CA Kroger Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern. c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the Kroger Settlement Agreement or this CA Kroger Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement.
5 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1159 44
e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions.

C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used, subject to any limits imposed by the Kroger Settlement Agreement and this CA Kroger Allocation Agreement, to fund future Opioid Remediation and reimburse past opioidrelated expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.

The CA Subdivision Funds will be allocated as follows:
a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s reasonable fees and expenses in accordance with the procedures and limitations set forth in Appendix 2 to this document;
b) Second, funds will be allocated to Plaintiff Subdivisions that are Initial Participating Subdivisions that have been awarded Costs, as defined by and in accordance with the procedures and limitations set forth in Appendix 2 to this document. c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50% of the total CA Subdivision Fund received in any year pursuant to Appendix 2, Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Initial Participating Subdivisions, in relative proportion to the Local Allocation. These funds shall be used to fund future opioid-related projects and to reimburse past opioid-related expenses, which may include fees and expenses related to litigation against any Opioid Defendant.

D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Kroger Settlement Agreement, and, if applicable, the Teva Settlement Agreement, Allergan Settlement Agreement, CVS Settlement Agreement, Distributor Settlement Agreement, Janssen Settlement Agreement, and Walmart Settlement Agreement.

A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”), 6 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1160 455
pursuant to Exhibit R, section I(CC), of the Kroger Settlement Agreement and the MDL Fees Order, so long as such contingency fees do not exceed a total contingency fee of 15% of the total gross recovery of the Plaintiff Subdivision pursuant to the Kroger Settlement, inclusive of contingency fees from the national Attorney Fee Fund and this State Back-Stop Agreement.

Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Kroger Settlement Agreement. Further, private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments.

To effectuate a State Back-Stop Agreement pursuant to this section, an agreement in the form of Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California Office of the Attorney General. The California Office of the Attorney General shall, upon the request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and its private counsel if it is in the form of Appendix 3. The California Office of the Attorney General will also consider requests from Plaintiff Subdivisions to execute and enter into agreements presented in other forms.

For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any duty or obligation on the State of California or any of its agencies or officers, including without limitation the Attorney General.

5. State and Subdivision Reporting
a) DHCS will prepare an annual written report regarding the State’s use of funds from the settlement until those funds are fully expended and for one year thereafter. These reports will be made publicly available on the DHCS web site.
b) Each CA Participating Subdivision that receives payments of funds from the settlement will prepare written reports at least annually regarding the use of those funds, until those funds are fully expended and for one year thereafter. These reports will also include a certification that all funds that the CA Participating Subdivision has received through the settlement have been used in compliance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement. The report will be in a form reasonably determined by DHCS. Prior to specifying the form of the report DHCS will confer with representatives of the Plaintiff Subdivisions.
c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. 7 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1161 456
d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Kroger Settlement Agreement and this CA Kroger Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section V(B)(2) of the Kroger Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and Kroger. e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions.

6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Kroger Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa.
b) Except as provided in the Kroger Settlement Agreement, this CA Kroger Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party.
c) Except as provided in the CA Kroger Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d) Except as provided in the Kroger Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California. 8 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1162 457
The undersigned, South Lake Tahoe city, ACKNOWLEDGES acceptance of this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Kroger Settlement is a requirement to be an Initial Participating Subdivision in the Kroger Settlement and ACCEPTS this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Kroger Settlement. EXECUTED on /date_1_kroger/.

Signature: /signer_1_kroger/
Name: /name_1_kroger/
Title: /title_1_kroger/
Date: /date_1_kroger/
9 DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 City Attorney
6/24/2024
6/24/2024
Heather Stroud
1163 458
APPENDIX 1
DISCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds—Kroger Settlement, whereas the percentages shown in the Abatement Percentage column should not change. Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to change.

Regarding the column herein entitled “Abatement Percentage,” pursuant to Section 4.B.e., the State of California will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.

Regarding the column herein entitled “Plaintiff Subdivision Percentage,” payments allocated to a Plaintiff Subdivision, which is not an Initial Participating Subdivision, will be re-allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions.

Regarding the column herein entitled “Abatement Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Abatement Account Funds received, pursuant to Section 4.B. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Subdivision Funds received, pursuant to Section 4.C. Regarding the column herein entitled “Weighted Allocation Percentage,” the annotation of “100%” refers to onehundred percent (100%) of the combined and weighted allocation of the Abatement Percentage and the Plaintiff Subdivision Percentage.

DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1164 459

APPENDIX
1 1 of 15
100.000% 100.000% 100.000%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
County Alameda County Alameda 2.332% 2.853% 2.4237952%
City Alameda Alameda 0.069% 0.0570162%
City Albany Alameda 0.013% 0.0107768%
City Berkeley Alameda 0.152% 0.1249656%
City Dublin Alameda 0.033% 0.040% 0.0338810%
City Emeryville Alameda 0.023% 0.0185765%
City Fremont Alameda 0.108% 0.0888576%
City Hayward Alameda 0.117% 0.0966218%
City Livermore Alameda 0.054% 0.0446740%
City Newark Alameda 0.026% 0.0217626%
City Oakland Alameda 0.486% 0.595% 0.5055601%
City Piedmont Alameda 0.014% 0.0114064%
City Pleasanton Alameda 0.067% 0.0554547%
City San Leandro Alameda 0.039% 0.0321267%
City Union City Alameda 0.043% 0.0352484%
County Amador County Amador 0.226% 0.277% 0.2349885%
County Butte County Butte 1.615% 1.975% 1.6783178%
City Chico Butte 0.216% 0.264% 0.2246499%
City Oroville Butte 0.079% 0.0646595%
County Calaveras County Calaveras 0.226% 0.277% 0.2351644% County Colusa County Colusa 0.059% 0.0489221%
County Contra Costa County Contra Costa 2.102% 2.571% 2.1844585% City Antioch Contra Costa 0.037% 0.0301879%
City Brentwood Contra Costa 0.026% 0.0215339%
City Clayton Contra Costa 0.002% 0.0018060%
City Concord Contra Costa 0.055% 0.0456676%
City Danville Contra Costa 0.010% 0.0082255%
City El Cerrito Contra Costa 0.023% 0.0189024%
City Hercules Contra Costa 0.010% 0.0078273%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Lafayette Contra Costa 0.006% 0.0046030%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1165 40

APPENDIX
1 2 of 15
City Martinez Contra Costa 0.012% 0.0098593%
City Moraga Contra Costa 0.004% 0.0031007%
City Oakley Contra Costa 0.010% 0.0079416%
City Orinda Contra Costa 0.005% 0.0038157%
City Pinole Contra Costa 0.013% 0.0110909%
City Pittsburg Contra Costa 0.053% 0.0436369%
City Pleasant Hill Contra Costa 0.013% 0.0106309%
City Richmond Contra Costa 0.146% 0.1201444%
City San Pablo Contra Costa 0.018% 0.0148843%
City San Ramon Contra Costa 0.021% 0.0176459%
City Walnut Creek Contra Costa 0.026% 0.0212132%
County Del Norte County Del Norte 0.114% 0.140% 0.1189608% County El Dorado County El Dorado 0.768% 0.939% 0.7980034% City Placerville El Dorado 0.015% 0.0127642%
City South Lake Tahoe El Dorado 0.081% 0.0665456%
County Fresno County Fresno 1.895% 2.318% 1.9693410%
City Clovis Fresno 0.065% 0.0536211%
City Coalinga Fresno 0.012% 0.0098554%
City Fresno Fresno 0.397% 0.3270605%
City Kerman Fresno 0.005% 0.0042534%
City Kingsburg Fresno 0.008% 0.0066167%
City Mendota Fresno 0.002% 0.0019387%
City Orange Cove Fresno 0.004% 0.0035607%
City Parlier Fresno 0.008% 0.0069755%
City Reedley Fresno 0.012% 0.0098804%
City Sanger Fresno 0.018% 0.0146135%
City Selma Fresno 0.015% 0.0127537%
County Glenn County Glenn 0.107% 0.131% 0.1116978%
County Humboldt County Humboldt 1.030% 1.260% 1.0703185% Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Arcata Humboldt 0.054% 0.0447660%
City Eureka Humboldt 0.117% 0.143% 0.1216284%
City Fortuna Humboldt 0.032% 0.0266837%
County Imperial County Imperial 0.258% 0.315% 0.2679006% DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1166 41

APPENDIX
1 3 of 15
City Brawley Imperial 0.011% 0.0087986%
City Calexico Imperial 0.019% 0.0152799%
City El Centro Imperial 0.158% 0.1302522%
City Imperial Imperial 0.006% 0.0048791%
County Inyo County Inyo 0.073% 0.089% 0.0754413%
County Kern County Kern 2.517% 3.079% 2.6159145%
City Arvin Kern 0.006% 0.0046425%
City Bakersfield Kern 0.212% 0.1747198%
City California City Kern 0.009% 0.0070820%
City Delano Kern 0.030% 0.0249316%
City McFarland Kern 0.003% 0.0025644%
City Ridgecrest Kern 0.015% 0.0120938%
City Shafter Kern 0.013% 0.0103417%
City Tehachapi Kern 0.009% 0.0073580%
City Wasco Kern 0.008% 0.0069861%
County Kings County Kings 0.293% 0.2413469%
City Avenal Kings 0.007% 0.0056335%
City Corcoran Kings 0.013% 0.0107032%
City Hanford Kings 0.027% 0.0226038%
City Lemoore Kings 0.016% 0.0131900%
County Lake County Lake 0.795% 0.6545389%
City Clearlake Lake 0.041% 0.050% 0.0426253%
City Lakeport Lake 0.021% 0.026% 0.0222964%
County Lassen County Lassen 0.319% 0.391% 0.3320610%
City Susanville Lassen 0.027% 0.0219295%
County Los Angeles County Los Angeles 13.896% 16.999% 14.4437559% Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Agoura Hills Los Angeles 0.005% 0.0040024%
City Alhambra Los Angeles 0.042% 0.0343309%
City Arcadia Los Angeles 0.033% 0.0267718%
City Artesia Los Angeles 0.001% 0.0005100%
City Azusa Los Angeles 0.026% 0.0210857%
City Baldwin Park Los Angeles 0.027% 0.0218520%
City Bell Los Angeles 0.008% 0.0068783%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1167 42

APPENDIX
1 4 of 15
City Bellflower Los Angeles 0.002% 0.0014485%
City Bell Gardens Los Angeles 0.014% 0.0114301%
City Beverly Hills Los Angeles 0.065% 0.0534897%
City Burbank Los Angeles 0.100% 0.0823132%
City Calabasas Los Angeles 0.006% 0.0048948%
City Carson Los Angeles 0.019% 0.0159805%
City Cerritos Los Angeles 0.005% 0.0039682%
City Claremont Los Angeles 0.010% 0.0082584%
City Commerce Los Angeles 0.000% 0.0002971%
City Compton Los Angeles 0.044% 0.0361882%
City Covina Los Angeles 0.028% 0.0229127%
City Cudahy Los Angeles 0.001% 0.0006020%
City Culver City Los Angeles 0.055% 0.0449894%
City Diamond Bar Los Angeles 0.001% 0.0006993%
City Downey Los Angeles 0.052% 0.0429994%
City Duarte Los Angeles 0.003% 0.0027261%
City El Monte Los Angeles 0.031% 0.038% 0.0318985%
City El Segundo Los Angeles 0.033% 0.0268020%
City Gardena Los Angeles 0.034% 0.0278088%
City Glendale Los Angeles 0.166% 0.1366586%
City Glendora Los Angeles 0.016% 0.0134411%
City Hawaiian Gardens Los Angeles 0.005% 0.0040549%
City Hawthorne Los Angeles 0.050% 0.0407833%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Hermosa Beach Los Angeles 0.018% 0.0145307%
City Huntington Park Los Angeles 0.023% 0.0190667%
City Inglewood Los Angeles 0.059% 0.0489195%
City La Cañada Flintridge Los Angeles 0.003% 0.0025565% City Lakewood Los Angeles 0.005% 0.0039971%
City La Mirada Los Angeles 0.010% 0.0081572%
City Lancaster Los Angeles 0.045% 0.0369689%
City La Puente Los Angeles 0.002% 0.0012999%
City La Verne Los Angeles 0.024% 0.0194190%
City Lawndale Los Angeles 0.002% 0.0017731%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1168 43

APPENDIX
1 5 of 15
City Lomita Los Angeles 0.004% 0.0031940%
City Long Beach Los Angeles 0.439% 0.3614151%
City Los Angeles Los Angeles 2.715% 3.321% 2.8218811%
City Lynwood Los Angeles 0.016% 0.0134345%
City Malibu Los Angeles 0.002% 0.0019269%
City Manhattan Beach Los Angeles 0.032% 0.0260686%
City Maywood Los Angeles 0.004% 0.0035528%
City Monrovia Los Angeles 0.031% 0.0254455%
City Montebello Los Angeles 0.030% 0.0250670%
City Monterey Park Los Angeles 0.031% 0.0256677%
City Norwalk Los Angeles 0.031% 0.0258228%
City Palmdale Los Angeles 0.046% 0.0375827%
City Palos Verdes Estates Los Angeles 0.006% 0.0053102% City Paramount Los Angeles 0.011% 0.0091483%
City Pasadena Los Angeles 0.146% 0.1200524%
City Pico Rivera Los Angeles 0.022% 0.0183333%
City Pomona Los Angeles 0.111% 0.0911933%
City Rancho Palos Verdes Los Angeles 0.002% 0.0012645%
City Redondo Beach Los Angeles 0.062% 0.0506992%
City Rosemead Los Angeles 0.003% 0.0028260%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City San Dimas Los Angeles 0.003% 0.0022016%
City San Fernando Los Angeles 0.013% 0.0104837%
City San Gabriel Los Angeles 0.018% 0.0147726%
City San Marino Los Angeles 0.009% 0.0073791%
City Santa Clarita Los Angeles 0.022% 0.0178167%
City Santa Fe Springs Los Angeles 0.031% 0.0257531%
City Santa Monica Los Angeles 0.158% 0.1298513%
City Sierra Madre Los Angeles 0.006% 0.0048646%
City Signal Hill Los Angeles 0.010% 0.0084884%
City South El Monte Los Angeles 0.005% 0.0039603%
City South Gate Los Angeles 0.020% 0.0166272%
City South Pasadena Los Angeles 0.012% 0.0095334%
City Temple City Los Angeles 0.005% 0.0039498%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1169 44

APPENDIX
1 6 of 15
City Torrance Los Angeles 0.112% 0.0919820%
City Walnut Los Angeles 0.006% 0.0047305%
City West Covina Los Angeles 0.049% 0.0404521%
City West Hollywood Los Angeles 0.013% 0.0108517%
City Whittier Los Angeles 0.032% 0.0260581%
County Madera County Madera 0.349% 0.427% 0.3630669%
City Chowchilla Madera 0.012% 0.0097332%
City Madera Madera 0.039% 0.0318441%
County Marin County Marin 0.564% 0.690% 0.5861325%
City Larkspur Marin 0.015% 0.0124697%
City Mill Valley Marin 0.020% 0.0168401%
City Novato Marin 0.028% 0.0229824%
City San Anselmo Marin 0.009% 0.0078062%
City San Rafael Marin 0.089% 0.0729823%
County Mariposa County Mariposa 0.084% 0.103% 0.0876131% County Mendocino County Mendocino 0.439% 0.536% 0.4558394% City Ukiah Mendocino 0.039% 0.0317153%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
County Merced County Merced 0.551% 0.674% 0.5724262%
City Atwater Merced 0.024% 0.0195846%
City Livingston Merced 0.006% 0.0045873%
City Los Banos Merced 0.020% 0.0165142%
City Merced Merced 0.061% 0.0500762%
County Modoc County Modoc 0.065% 0.080% 0.0678250%
County Mono County Mono 0.023% 0.029% 0.0242606%
County Monterey County Monterey 0.908% 1.111% 0.9437083% City Greenfield Monterey 0.006% 0.0050552%
City King City Monterey 0.005% 0.0037355%
City Marina Monterey 0.017% 0.0144098%
City Monterey Monterey 0.041% 0.0336540%
City Pacific Grove Monterey 0.009% 0.0074842%
City Salinas Monterey 0.094% 0.0776576%
City Seaside Monterey 0.023% 0.0191772%
City Soledad Monterey 0.007% 0.0060870%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1170 465

APPENDIX
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County Napa County Napa 0.288% 0.352% 0.2994325%
City American Canyon Napa 0.017% 0.0136869%
City Napa Napa 0.078% 0.0642783%
County Nevada County Nevada 0.441% 0.539% 0.4579827%
City Grass Valley Nevada 0.024% 0.0197805%
City Truckee Nevada 0.003% 0.0023843%
County Orange County Orange 4.364% 5.339% 4.5363576%
City Aliso Viejo Orange 0.014% 0.0113841%
City Anaheim Orange 0.554% 0.678% 0.5759282%
City Brea Orange 0.086% 0.0708897%
City Buena Park Orange 0.087% 0.0714352%
City Costa Mesa Orange 0.124% 0.152% 0.1288366%
City Cypress Orange 0.033% 0.0271937%
City Dana Point Orange 0.001% 0.0005560%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Fountain Valley Orange 0.055% 0.0455980%
City Fullerton Orange 0.137% 0.168% 0.1425744%
City Garden Grove Orange 0.213% 0.1752482%
City Huntington Beach Orange 0.247% 0.302% 0.2568420%
City Irvine Orange 0.139% 0.170% 0.1442350%
City Laguna Beach Orange 0.047% 0.058% 0.0493043%
City Laguna Hills Orange 0.014% 0.0115457%
City Laguna Niguel Orange 0.001% 0.0007071%
City Laguna Woods Orange 0.001% 0.0006546%
City La Habra Orange 0.060% 0.073% 0.0621049%
City Lake Forest Orange 0.012% 0.0101249%
City La Palma Orange 0.012% 0.0095439%
City Los Alamitos Orange 0.008% 0.0069190%
City Mission Viejo Orange 0.014% 0.0117560%
City Newport Beach Orange 0.179% 0.1470134%
City Orange Orange 0.150% 0.1231320%
City Placentia Orange 0.029% 0.035% 0.0298912%
City Rancho Santa Margarita Orange 0.001% 0.0006296%
City San Clemente Orange 0.008% 0.010% 0.0086083%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1171 466

APPENDIX
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City San Juan Capistrano Orange 0.008% 0.0065510%
City Santa Ana Orange 0.502% 0.614% 0.5213866%
City Seal Beach Orange 0.020% 0.0165891%
City Stanton Orange 0.035% 0.0291955%
City Tustin Orange 0.073% 0.0600341%
City Westminster Orange 0.104% 0.127% 0.1082721%
City Yorba Linda Orange 0.044% 0.0362223%
County Placer County Placer 1.045% 1.278% 1.0861002%
City Auburn Placer 0.017% 0.0141114%
City Lincoln Placer 0.031% 0.0255599%
City Rocklin Placer 0.076% 0.0625485%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Roseville Placer 0.196% 0.1616559%
County Plumas County Plumas 0.205% 0.251% 0.2128729%
County Riverside County Riverside 4.534% 5.547% 4.7128296% City Banning Riverside 0.017% 0.0143848%
City Beaumont Riverside 0.021% 0.0171135%
City Blythe Riverside 0.012% 0.0096714%
City Canyon Lake Riverside 0.000% 0.0001761%
City Cathedral City Riverside 0.067% 0.0553614%
City Coachella Riverside 0.021% 0.0173054%
City Corona Riverside 0.147% 0.1207083%
City Desert Hot Springs Riverside 0.024% 0.0200433%
City Eastvale Riverside 0.000% 0.0002747%
City Hemet Riverside 0.051% 0.0421792%
City Indio Riverside 0.056% 0.0457794%
City Jurupa Valley Riverside 0.001% 0.0008991%
City Lake Elsinore Riverside 0.021% 0.0172949%
City La Quinta Riverside 0.063% 0.0516732%
City Menifee Riverside 0.032% 0.0260909%
City Moreno Valley Riverside 0.137% 0.1130348%
City Murrieta Riverside 0.048% 0.059% 0.0497423%
City Norco Riverside 0.016% 0.0134542%
City Palm Desert Riverside 0.083% 0.0682465%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1172 467
APPENDIX 1
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City Palm Springs Riverside 0.076% 0.0629862%
City Perris Riverside 0.009% 0.0076774%
City Rancho Mirage Riverside 0.052% 0.0431098%
City Riverside Riverside 0.268% 0.2206279%
City San Jacinto Riverside 0.010% 0.0085936%
City Temecula Riverside 0.022% 0.0180086%
City Wildomar Riverside 0.008% 0.0062500%
County Sacramento County Sacramento 3.797% 4.645% 3.9465887% Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Citrus Heights Sacramento 0.057% 0.0465312%
City Elk Grove Sacramento 0.130% 0.1066994%
City Folsom Sacramento 0.108% 0.0890850%
City Galt Sacramento 0.017% 0.0143704%
City Rancho Cordova Sacramento 0.008% 0.0067679%
City Sacramento Sacramento 0.721% 0.882% 0.7496530%
County San Benito County San Benito 0.106% 0.130% 0.1101417% City Hollister San Benito 0.027% 0.0225355%
County San Bernardino County San Bernardino 3.259% 3.987% 3.3878124% City Adelanto San Bernardino 0.008% 0.0066640%
City Apple Valley San Bernardino 0.025% 0.0207360%
City Barstow San Bernardino 0.015% 0.0122056%
City Chino San Bernardino 0.064% 0.0525893%
City Chino Hills San Bernardino 0.001% 0.0006388%
City Colton San Bernardino 0.031% 0.0253443%
City Fontana San Bernardino 0.112% 0.0920543%
City Grand Terrace San Bernardino 0.006% 0.0051051%
City Hesperia San Bernardino 0.035% 0.0291522%
City Highland San Bernardino 0.004% 0.0029061%
City Loma Linda San Bernardino 0.009% 0.0071188%
City Montclair San Bernardino 0.039% 0.0322108%
City Ontario San Bernardino 0.179% 0.1472934%
City Rancho Cucamonga San Bernardino 0.084% 0.0689431%
City Redlands San Bernardino 0.057% 0.0469150%
City Rialto San Bernardino 0.073% 0.0603206%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1173 468
APPENDIX 1
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City San Bernardino San Bernardino 0.178% 0.1461880%
City Twentynine Palms San Bernardino 0.002% 0.0012605%
City Upland San Bernardino 0.052% 0.0424460%
City Victorville San Bernardino 0.033% 0.0269400%
City Yucaipa San Bernardino 0.016% 0.0128772%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Yucca Valley San Bernardino 0.003% 0.0021228%
County San Diego County San Diego 5.706% 6.980% 5.9309748% City Carlsbad San Diego 0.128% 0.1050485%
City Chula Vista San Diego 0.189% 0.231% 0.1961456%
City Coronado San Diego 0.044% 0.0359095%
City El Cajon San Diego 0.113% 0.0933582%
City Encinitas San Diego 0.061% 0.074% 0.0630289%
City Escondido San Diego 0.145% 0.1192204%
City Imperial Beach San Diego 0.014% 0.0118283%
City La Mesa San Diego 0.055% 0.068% 0.0575593%
City Lemon Grove San Diego 0.022% 0.0183911%
City National City San Diego 0.080% 0.0656808%
City Oceanside San Diego 0.213% 0.1753428%
City Poway San Diego 0.062% 0.0511040%
City San Diego San Diego 1.975% 2.416% 2.0531169%
City San Marcos San Diego 0.089% 0.0733897%
City Santee San Diego 0.033% 0.0268401%
City Solana Beach San Diego 0.017% 0.0138564%
City Vista San Diego 0.052% 0.0425144%
Consolidated San Francisco San Francisco 3.026% 3.702% 3.1457169% County San Joaquin County San Joaquin 1.680% 2.055% 1.7460399% City Lathrop San Joaquin 0.009% 0.0075394%
City Lodi San Joaquin 0.053% 0.0439484%
City Manteca San Joaquin 0.054% 0.0443454%
City Ripon San Joaquin 0.013% 0.0104219%
City Stockton San Joaquin 0.313% 0.383% 0.3256176%
City Tracy San Joaquin 0.084% 0.0692047%
County San Luis Obispo County San Luis Obispo 0.816% 0.999% 0.8484126% DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1174 469
APPENDIX 1
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City Arroyo Grande San Luis Obispo 0.024% 0.0199053%
City Atascadero San Luis Obispo 0.029% 0.0240680%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City El Paso de Robles (Paso Robles) San Luis Obispo 0.043% 0.0353456% City Grover Beach San Luis Obispo 0.017% 0.0137881%
City Morro Bay San Luis Obispo 0.020% 0.0160922%
City San Luis Obispo San Luis Obispo 0.077% 0.0637841%
County San Mateo County San Mateo 1.074% 1.313% 1.1159599% City Belmont San Mateo 0.021% 0.0169860%
City Burlingame San Mateo 0.019% 0.0152537%
City Daly City San Mateo 0.044% 0.0363880%
City East Palo Alto San Mateo 0.013% 0.0103982%
City Foster City San Mateo 0.020% 0.0166101%
City Half Moon Bay San Mateo 0.004% 0.0031638%
City Hillsborough San Mateo 0.013% 0.0110029%
City Menlo Park San Mateo 0.015% 0.0126209%
City Millbrae San Mateo 0.013% 0.0105836%
City Pacifica San Mateo 0.016% 0.0130625%
City Redwood City San Mateo 0.056% 0.0463511%
City San Bruno San Mateo 0.021% 0.0172161%
City San Carlos San Mateo 0.013% 0.0108885%
City San Mateo San Mateo 0.052% 0.0425841%
City South San Francisco San Mateo 0.043% 0.0353943%
County Santa Barbara County Santa Barbara 1.132% 1.385% 1.1768968% City Carpinteria Santa Barbara 0.001% 0.0008938%
City Goleta Santa Barbara 0.004% 0.0028969%
City Lompoc Santa Barbara 0.047% 0.0389379%
City Santa Barbara Santa Barbara 0.122% 0.1004559%
City Santa Maria Santa Barbara 0.058% 0.0479179%
County Santa Clara County Santa Clara 2.404% 2.941% 2.4987553% City Campbell Santa Clara 0.014% 0.0112566%
City Cupertino Santa Clara 0.008% 0.0066824%
City Gilroy Santa Clara 0.025% 0.0202891%
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1175 40

APPENDIX
1 12 of 15
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Los Altos Santa Clara 0.013% 0.0103338%
City Los Gatos Santa Clara 0.013% 0.0103220%
City Milpitas Santa Clara 0.036% 0.0298120%
City Morgan Hill Santa Clara 0.015% 0.0124619%
City Mountain View Santa Clara 0.041% 0.0334608%
City Palo Alto Santa Clara 0.039% 0.0323080%
City San Jose Santa Clara 0.294% 0.360% 0.3054960%
City Santa Clara Santa Clara 0.067% 0.0549723%
City Saratoga Santa Clara 0.004% 0.0034161%
City Sunnyvale Santa Clara 0.053% 0.0434069%
County Santa Cruz County Santa Cruz 0.783% 0.957% 0.8135396% City Capitola Santa Cruz 0.020% 0.0168191%
City Santa Cruz Santa Cruz 0.143% 0.1180348%
City Scotts Valley Santa Cruz 0.015% 0.0126525%
City Watsonville Santa Cruz 0.063% 0.0520136%
County Shasta County Shasta 1.095% 1.339% 1.1380191%
City Anderson Shasta 0.024% 0.0198896%
City Redding Shasta 0.284% 0.2334841%
City Shasta Lake Shasta 0.004% 0.0031993%
County Siskiyou County Siskiyou 0.228% 0.279% 0.2373393% County Solano County Solano 0.760% 0.6260795%
City Benicia Solano 0.031% 0.0253903%
City Dixon Solano 0.016% 0.0130849%
City Fairfield Solano 0.109% 0.0897317%
City Suisun City Solano 0.021% 0.0176183%
City Vacaville Solano 0.119% 0.0976497%
City Vallejo Solano 0.167% 0.1373644%
County Sonoma County Sonoma 1.218% 1.490% 1.2661290%
City Healdsburg Sonoma 0.032% 0.0266929%
City Petaluma Sonoma 0.081% 0.0667507%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
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City Rohnert Park Sonoma 0.041% 0.0340759%
City Santa Rosa Sonoma 0.184% 0.1519070%
City Sonoma Sonoma 0.022% 0.0183438%
City Windsor Sonoma 0.016% 0.0129298%
County Stanislaus County Stanislaus 1.722% 1.4182273%
City Ceres Stanislaus 0.041% 0.0340260%
City Modesto Stanislaus 0.217% 0.1788759%
City Newman Stanislaus 0.006% 0.0046964%
City Oakdale Stanislaus 0.018% 0.0145531%
City Patterson Stanislaus 0.015% 0.0126590%
City Riverbank Stanislaus 0.010% 0.0085699%
City Turlock Stanislaus 0.065% 0.0531966%
County Sutter County Sutter 0.306% 0.374% 0.3179548%
City Yuba City Sutter 0.074% 0.0606242%
County Tehama County Tehama 0.213% 0.261% 0.2216654%
City Red Bluff Tehama 0.014% 0.0117771%
County Trinity County Trinity 0.082% 0.101% 0.0855476%
County Tulare County Tulare 0.809% 0.990% 0.8410949%
City Dinuba Tulare 0.014% 0.0116929%
City Exeter Tulare 0.004% 0.0032479%
City Farmersville Tulare 0.003% 0.0027879%
City Lindsay Tulare 0.007% 0.0057111%
City Porterville Tulare 0.021% 0.0171845%
City Tulare Tulare 0.037% 0.0302273%
City Visalia Tulare 0.066% 0.0545872%
County Tuolumne County Tuolumne 0.486% 0.594% 0.5047621% County Ventura County Ventura 2.192% 2.681% 2.2781201%
City Camarillo Ventura 0.002% 0.0012815%
City Fillmore Ventura 0.002% 0.0020294%
City Moorpark Ventura 0.008% 0.0067337%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Oxnard Ventura 0.156% 0.190% 0.1617338%
City Port Hueneme Ventura 0.021% 0.0174145%
City San Buenaventura (Ventura) Ventura 0.085% 0.0702181% DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1177 42
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City Santa Paula Ventura 0.014% 0.0119072%
City Simi Valley Ventura 0.065% 0.0533043%
City Thousand Oaks Ventura 0.022% 0.0179902%
County Yolo County Yolo 0.357% 0.437% 0.3713319%
City Davis Yolo 0.055% 0.0451747%
City West Sacramento Yolo 0.066% 0.0544321%
City Woodland Yolo 0.058% 0.0477904%
County Yuba County Yuba 0.214% 0.262% 0.2225679%
City Marysville Yuba 0.014% 0.0112079%
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1 APPENDIX 2
Cost Reimbursement Procedure

1. Additional defined terms:
a) Costs means the reasonable amounts paid for the attorney and other City Attorney and County Counsel staff time for individuals employed by a Plaintiff Subdivision at the contractual rate, inclusive of benefits and overhead, together with amounts paid for court reporters, experts, copying, electronic research, travel, vendors, and the like, which were not previously reimbursed and which were paid or incurred (i) prior to December 31, 2022 in litigation against any Opioid Defendant and/or (ii) in negotiating and drafting any CA Allocation Agreement(s) concerning a settlement with any Opioid Defendant(s).

Costs does not include attorneys’ fees, costs, or expenses incurred by private contingency fee counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs.
b) First Claims Date means October 1, 2023 or when all applications for reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Walgreens Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the Distributor Settlement Agreement, Section XI and Exhibit R of the Janssen Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, or Section IX and Exhibit R of the Walmart Settlement Agreement, have been finally determined under the provisions of those agreements, whichever comes first. c) Special Master means a retired judicial officer or former public lawyer, not presently employed or retained by a Plaintiff Subdivision, who will aggregate, review, and determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a claim for reimbursement of Costs. The Special Master will be selected by a majority vote of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote. d) Plaintiff Subdivision Committee means the committee of Plaintiff Subdivisions that will review and approve the invoices submitted by the Special Master reflecting his or her reasonable time and expenses.

2. Cost Reimbursement to Plaintiff Subdivision
a) Purpose. Substantial resources have been expended to hold Opioid Defendants accountable for creating and profiting from the opioid crisis, and this effort has been a significant catalyst in creating National Opioid Settlements with various manufacturers, distributors, and chain pharmacies.
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2 b) Claims Procedure.
i. If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Kroger Settlement Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section IX and Exhibit R of the Walmart Settlement Agreement, Section X or Exhibit R of the Distributor Settlement Agreement, or Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a timely application for reimbursement from such funds. To allow sufficient time for determination of those applications, no claim for Costs to the CA Subdivision Fund under this Agreement may be made before the First Claims Date. ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund must submit a claim to the Special Master no later than forty-five (45) days after the First Claims Date. The Special Master will then compile and redistribute the aggregated claim totals for each Plaintiff Subdivision via email to representatives of all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each attorney or staff member included in the claim, the following information: name, title, total hours claimed, hourly rate (including, if sought, benefits and share of overhead), and narrative summarizing the general nature of the work performed by the attorney or staff member. For reimbursement of “hard” costs, the subdivision may aggregate across a category (e.g., total for travel costs). It is the intention of the Plaintiff Subdivisions that submission of documents related to reimbursement of Costs does not waive any attorney-client privilege or exemptions to the California Public Records Act.
iii. The Special Master may request, at his or her sole option, additional documents or details to assist in the final award of Costs.
iv. The Special Master will review claims for reasonableness and will notify each Plaintiff Subdivision of the final determination of its claim, and will provide a list of all final awards to all Plaintiff Subdivisions by email or, upon request, via First Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider any final award within twenty-one (21) days. The Special Master will make a final determination on any such reconsideration request within thirty (30) days of receipt. v. Any decision of the Special Master is final and binding, and will be considered under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. as a final arbitration award. Nothing in this agreement is intended to expand the scope of judicial review of the final award for errors of fact or law, and the Parties agree that they may only seek to vacate the award if clear and convincing evidence demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final awards are made, together with any final determination of a request for DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1180 475
3 reconsideration, to seek review in the Superior Court of California, pursuant to Code of Civil Procedure, section 1285, where the State has filed its Consent Judgment. vi. The Special Master will prepare a report of Costs that includes his or her fees and expenses at least ninety (90) days before the Payment Date for each Annual Payment. The Special Master’s preparation of a report of Costs does not discharge a Plaintiff Subdivision’s reporting requirement under Section V(B)(2) of the Kroger Settlement Agreement.
vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating Subdivision, will submit to the Settlement Fund Administrator and Kroger a report of the fees and expenses incurred by the Special Master pursuant to Section V(B)(2) of the Kroger Settlement Agreement.
c) Claims Priority and Limitation.
i. The Special Master will submit invoices for compensation of reasonable fees and expenses to the Plaintiff Subdivision Committee no later than ninety (90) days prior to the Payment Date for each Annual Payment. The Plaintiff Subdivision Committee will promptly review and, if reasonable, approve the Special Master’s invoice for compensation. The Plaintiff Subdivision Committee will submit approved invoices to the Settlement Fund Administrator for payment. The Special Master’s approved invoices have priority and will be paid first from the CA Subdivision Fund before any award of Costs, subject to the limitation in Section 2.c.v below. ii. Final Awards of Costs that do not exceed seventy-five thousand dollars ($75,000.00) will be paid next in priority after the Special Master’s approved invoices.
iii. Final Awards of Costs in excess of seventy-five thousand dollars ($75,000.00) will be paid proportionally from the funds remaining in that year’s Annual Payment. iv. Any claim for Costs that is not paid in full will be allocated against the next year’s distribution from the CA Subdivision Fund, until all approved claims for Costs are paid in full.
v. In no event will more than 50% of the total CA Subdivision Fund received in any year be used to pay Costs or the Special Master’s approved invoices. vi. In no event shall more than $28 million of the total CA Subdivision Funds paid pursuant to the Kroger Settlement Agreement, Walgreens Settlement Agreement, Teva Settlement Agreement, Allergan Settlement Agreement, Distributor Settlement Agreement, CVS Settlement Agreement, Janssen Settlement Agreement, and the Walmart Settlement Agreement be used to pay Costs.

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4 d) Collateral Source Payments and Third-Party Settlement. i. In the event a Plaintiff Subdivision is awarded compensation, in whole or in part, by any source of funds created as a result of litigation against an Opioid Defendant for its reasonable Costs, it will reduce its claim for Costs from the CA Subdivision Fund by that amount. If a Plaintiff Subdivision has already received a final award of Costs from the CA Subdivision Fund, it will repay the fund up to the prior award of Costs via a payment to the Settlement Fund Administrator or notify the Settlement Fund Administrator that its allocation from the next and subsequent Annual Payments should be reduced accordingly. If the Plaintiff Subdivision is repaying any prior award of Costs, that repayment will occur as soon as is feasible after the Plaintiff Subdivision’s receipt of Cost funds from the collateral source, but no more than 90 days after its receipt from the collateral source. The Settlement Fund Administrator will add any repaid Costs to the CA Subdivision Fund. Any Plaintiff Subdivision that has submitted for reimbursement to any national fund and has not received a final determination by the First Claims Date may request that the settlement administrator withhold some or all of its payment from the CA Subdivision Fund in order to avoid repayment.
ii. In the event a Plaintiff Subdivision reaches a monetary settlement or compromise against any Opioid Defendant outside of the National Opioid Settlement, the monetary portion of such settlement, net of fees paid to outside contingency fee counsel and of funds earmarked strictly for abatement, will be credited against its Costs and the subdivision will be ineligible to recover those credited Costs from the CA Subdivision Fund. Plaintiff Subdivisions negotiating monetary settlements or compromises against any Opioid Defendant outside of the National Opioid Settlement will negotiate for funds to repay any Costs it previously received from the CA Subdivision Fund or for Costs it otherwise might be eligible to claim from the CA Subdivision Fund. If such a settlement is paid after all final approved claims for Costs by all Plaintiff Subdivisions are satisfied in full, the settling subdivision will reimburse the CA Subdivision Fund in that amount by making payment to the Settlement Fund Administrator to add to the CA Subdivision Fund in a manner consistent with the repayments described in section 2.d.i above.

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1 APPENDIX 3

CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT
On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio issued an Order (the Order), docket number 3814, in In Re National Prescription Opiate Litigation, MDL 2804, addressing contingent attorney fee contracts between political subdivisions eligible to participate in the Kroger Settlement and their counsel.

In light of the Order, and at the request of [SUBDIVISION], the [SUBDIVISION], its counsel [COUNSEL], and the California Attorney General, on behalf of the State of California, are entering into this California-Subdivision Backstop Agreement (Backstop Agreement). [SUBDIVISION] and [COUNSEL] intend this Backstop Agreement to constitute a State BackStop Agreement as that term is used in the Order and in Exhibit R (Agreement on Attorneys’ Fees, Costs, and Expenses) of the Kroger Settlement Agreement.

Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the Kroger Settlement Agreement and CA Kroger Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Kroger Settlement CA Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the Kroger Settlement.
[COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Kroger Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] further certify that they are not seeking and will not accept payment under this backstop agreement of any litigation fees or costs that have been reimbursed through prior settlements or judgments.

The Attorney General is executing this agreement solely because the definition of “State BackStop Agreement” in Exhibit R of the Kroger Settlement Agreement requires such agreements to be between “a Settling State” and private counsel for a participating subdivision. Neither the California Attorney General nor the State of California have any obligations under this Backstop Agreement, and this Backstop Agreement does not require the payment of any state funds to [SUBDIVISION], [COUNSEL], or any other party.
[DATE] [SUBDIVISION SIGNATURE BLOCK]
[DATE] [COUNSEL SIGNATURE BLOCK]
[DATE] [ATTORNEY GENERAL SIGNATURE BLOCK]
DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1183 478

BY E-MAIL
2001 M Street, NW Suite 600
Washington, DC 20036
+1 202 682 7000 tel
+1 202 857 0940 fax
March 28, 2024
Chantale Fiebig
+1 (202) 682-7200
[email protected]
David Jones
Supervising Deputy Attorney General
Healthcare Rights & Access Section
Department of Justice
1300 I Street
Sacramento, CA 95814
Phone: (916) 210-7861
Email: [email protected]
Re: Kroger Opioids Settlement Agreement
Dear Mr. Jones:

This letter summarizes the agreement reached between Kroger and the State of California regarding the multistate Kroger Settlement Agreement dated March 22, 2024 regarding opioid claims by states and subdivisions (the "Multistate Kroger Settlement Agreement").

The Kroger Co. and all of its direct and indirect subsidiaries ("Kroger"), and the State of California, by and through its Attorney General Rob Bonta, have agreed to the following modification to the Multistate Kroger Settlement Agreement in its application to California. For the avoidance of doubt, the limited modification set forth below applies only to California and to no other state or territory.

The “Prescription Red Flag” described in Section IX(5)(a) of Exhibit P to the Multistate Kroger Settlement Agreement is modified in its entirety to read as follows:

A Controlled Substance prescription fails to meet the requirements of law. For the sake of clarity, minor deficiencies in the patient’s name, address, date of birth, or contact information are not a red flag if the pharmacist, in his or her professional judgment and usual course of practice, is able to resolve these deficiencies with the patient.

This limited California-specific modification was a necessary condition for California's decision to signon as a participating state to the Multistate Kroger Settlement Agreement.

For the avoidance of doubt, all other terms and provisions in the Multistate Kroger Settlement Agreement remain the same, including without limitation all “Prescription Red Flags” not specified above, all DocuSign Envelope ID: 76585AC4-C94A-4A30-A17B-53C641EA4C78 1184 479
David Jones
March 28, 2024

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definitions, all release provisions, the eleven-year-payment schedule and all other terms and provisions of the payment schedule, and all other terms and provisions.

These terms and this letter shall be included in a stipulated judgment to be filed in a Superior Court in the State of California.

Sincerely,
Chantale Fiebig
Counsel for The Kroger Co.

SO AGREED BY AND ON BEHALF OF THE STATE OF CALIFORNIA:
________________________________
Name: David A. Jones
Title: Supervising Deputy Attorney General
Date: March 29, 2024
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 13, 2024
Agenda Item #:8
Agenda Item: Agreement with EV Range for On Call Electrical and Structural Engineering Services Executive Summary: Electrical design work and upgrades are needed at Lakeview Commons, Ski Run Blvd, and six city facilities where fleet electric vehicle charging is desired. This contract is for engineering and design of: cabinet upgrades; solar and/or snow canopies; backup generation; and, electric vehicle chargers.

Requested Action / Suggested Motions: (1) Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with EV Range for an amount of $423,186 for engineering design services; and (2) Pass a Resolution authorizing budget transfer of $85,000 for this Agreement.

Responsible Staff Member: Sara Letton, Sustainability Coordinator, and Anush Nejad, Public Works Director
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney
Attachments:
01 - Staff Report - Contract for Electrical and Structural Engineering.docx 02-Agreement with EV Range for Engineering & Design Services.pdf 03 - Resolution Authorizing Fund Transfer for EV Charging Infrastructure 497
Council Agenda Report- August 13, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: August 13, 2024
Title: Contract for Electrical and Structural Engineering for Various Sustainability Projects Location: Citywide
Responsible Staff Member: Sara Letton, Sustainability Coordinator, (530) 542-6175 Anush Nejad, Public Works Director, (530) 542-6031
Background: California seeks to lessen the climate impacts of the transportation sector by implementing both government fleet zero emissions mandates and commercial retail sales mandates for the electric vehicle sector.

Governor Gavin Newsom’s Executive Order N-79-20 states that 100% of new passenger vehicles and trucks sold in the state of California must be zero emission by 2035. The California Air Resources Board has developed regulations and strategies to achieve this in a technologically and cost-effective manner. Numerous state and local grant and incentive programs have been developed to support this mandate. Some federal programs also help support the transition to zero emission.

April 20, 2021 City Council adopted a Light Duty Fleet Transition Plan to help achieve greenhouse gas reductions. A phased approach was proposed, and was based on technology and marketplace availability, and focused the city on light duty vehicle procurement first. To accomplish these goals, the City must install electric vehicle charging infrastructure to encompass future departmental EV procurement. Charging infrastructure should be in place by the time fleet vehicles are procured. In this way the City contributes to supporting the drawdown of climate warming gases from our transportation sector (roughly one-third of community-wide greenhouse gas emissions.

In another pursuit of reduced greenhouse gas emissions, the City seeks to support event vendors by providing an electrical plug-in option compared to utilization of diesel generators during community events.

Liberty Utilities’ electricity is on track to be +/- 80% renewable by 2030, well ahead of the state mandated minimum of 60% by 2030. Powering vehicles and vendor services with electricity instead of petroleum provides quantifiable emissions reductions.

Issue and Discussion: This contract is for design and consulting services to assist the Public Works and Sustainability departments with planning and design for two types of projects. The first is for increased electrical capacity at two city event sites allowing vendors to utilize grid electricity instead of diesel generation to power food trucks, etc. This will allow for a more enjoyable attendee experience, as well as decreased air pollution. The bulk of the projects in the contract 498
Council Agenda Report- August 13, 2024 Page 2 of 3
will be for shovel ready design and construction drawings for fleet-side EV charging stations, which will encompass future departmental and LakeLink needs for such infrastructure as new electric vehicles are procured.

In winter of 2024 the city issued a Request for Proposal for vendors to provide proposals for “OnCall Electrical – Structural Engineering Services: Design of EV Charging Stations, Backup Power Generators and Service Upgrades for Special Events.” Six vendors submitted proposals.

A review team of three city staff, including City Manager’s Office, Finance Department and Public Works reviewed the proposals. References were checked and EV Range was ranked Number 1.

Vendor/Proposer
Name

Rank
EV Range 1
Sugarpine 2
Kewo 3
BC/IPS 4
Comstock 4
Borelli 5
The city desires to have a Professional Services Agreement with EV Range to design all the sites to 35%, producing an estimated cost of construction for each site. The City will issue a Notice to proceed at 35%, 60%, and 90%. The attached Proposal outlines the scope of work on a projectby-project basis.

Sites included in the project scope are:
 Electrical service upgrade at Lakeview Commons for various events.  Electrical service upgrade at Ski Run Blvd in support of electrifying the Ski Run Farmers Market.
 1700 D Street, i.e. the City’s Motor Pool site: This site will be designed for two (2) dual Level 2 chargers under a solar canopy and supported by a battery. This site will charge electrified LakeLink vehicles overnight and can charge city fleet vehicles during the day.

This project has construction funding from TRPA’s Regional Grant Program that will be programmed soon. An expansion of six (6) additional vehicles will be planned on another part of the site. This site will be designed to charge fleet vehicles underneath a canopy that could potentially support photovoltaics.
 1740 D Street, i.e. the City’s Public Works office: This site will be designed to charge fleet vehicles underneath a canopy that could support photovoltaics.  1176 Rufus Allen, i.e. the Recreation Center site: This site will be designed for one (1) Level 3 (fast) charger under a canopy to support on route, mid-shift charging for electrified LakeLink vehicles.
 1352 Johnson Blvd, i.e. the City’s Police Department: This site will be designed for a phased transition to an electrified police fleet, which will include a significant service upgrade and backup power.
499
Council Agenda Report- August 13, 2024 Page 3 of 3
 1052 Tata Lane, i.e. the City’s Development Services Department: This site will be designed for Level 2 charging under a canopy.
 1160 Rufus Allen Blvd, i.e. the Parks Shop. This will be designed for two station wallmounted Level 2 chargers.

Financial Implications: EV charging projects will be focused on the fleet charging locations.

The Finance Department has identified $430,000 for the project. This includes the previous transfer of $300,000 to the EV Projects account 301-60079-48030 Construction to be reallocated to 301-60079-48020 Design. A transfer of $85,000 from Bellamy Parking Meters account 510- 05440-50014 to 301-60079-48020 is requested by the accompanying resolution. A Tahoe Fund grant for $45,000 (as described in an earlier agenda item in this meeting) also helps fund one of the site designs.

Environmental Considerations: This project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 (existing facilities).

Policy Implications: The project supports the City’s Strategic Priorities:
 1.4 Transportation via “electrification of the transportation system is a top priority.”  1.4.4 “Continue to partner with South Shore Transit Management Association, Tahoe Transportation District, Tahoe Regional Planning Agency and others to identify new and existing funding sources to expand and electrify micro-transit service from its initial footprint to the entire city limits, as based on the 2022 South shore Transportation Analysis.”  1.5 Carbon Neutrality to “pursue opportunities for electrification, including transitioning fleet vehicles to electric and building robust EV charging infrastructure by 2025.” The project advances the City’s Climate Action Plan:
 EDT-1, Promote and incentivize EVs and EV chargers: “Evaluate the potential incentives to convert fleets to EVs.”
Resolution No. 2022-088: Established a science-based greenhouse gas emissions reduction target of 59.2% reduction from 2018 greenhouse gas levels by 2030. Installation of electric vehicle charging infrastructure is identified in the CAP with quantifiable emissions reductions. 500

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the ___13th______day of August 2024 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and EV Range (“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 1 year. 501

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 $423,186 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.

6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.

Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.

7. Ownership of Documents.

All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees 502
and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.

Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be 503
maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.

Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors or subcontractors hired or retained by Consultant are employees, agents, contractors or subcontractors of Consultant and not of the City.

City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’s assigned personnel. Any third party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.

10. Interest of Consultant. Consultant, (and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
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b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(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 505
costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.

Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.

City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.

This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses and causes of action of whatsoever arising out of or in any way connected with this Agreement, and consultant’s work under this Agreement.

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 506
at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
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b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies. 508
The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.

Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Consultant: EV Range
403 W 21st St
San Pedro, CA 90732
Provide a copy to: EV Range
403 W 21st St
San Pedro, CA 90732

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, 509
Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.

20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.

21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant’s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s 510
Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.

23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the DrugFree Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free work place by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.

Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or 511
subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.

25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et. seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.

27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

29. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CONSULTANT:

By ________________________________
Carl Pancutt, CEO
Date _____________________________
Business License # ___________________
Date ________________________________
Date ________________________________
CITY OF SOUTH LAKE TAHOE:

By___________________________
Cody Bass, Mayor
Date __________________________
APPROVED AS TO FORM:

By____________________________
Heather Stroud, City Attorney
ATTEST:

By______________________________
Susan Blankenship, City Clerk
Attachments:

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

SCOPE OF SERVICES
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EV Range
403 W 21st St
San Pedro
CA 90732
Public Works Department
City of South Lake Tahoe, California
Jul 24, 2024
Subject: On-Call Electrical - Structural Engineering Services Design of EV Charging Stations, Backup Power Generators and Service Upgrades for Special Events Dear Anush:

EV Range is pleased to provide you with this proposal for professional services for the work related to EV Charging Station Project in South Lake Tahoe, CA.

Project Understanding
EV Range will provide professional services for the EV Charging Station Project. We understand the overall goal of this effort is to implement the first phase of the City’s Electric Vehicle (EV) Charger Siting Plan by evaluating and designing EV charging stations at 8 (eight) sites on City property for fleet charging plus completing service upgrades for the existing Lakeview Commons and Ski Run Farmers Market to accommodate special events.

Coordination with Liberty is provided within the 35% design stage. To reduce design and deployment costs prefabricated canopies will be strongly considered. Designs for Canopies and backup generators will be additive alternate bids.

It is expected that the services will be on a task order basis, to be negotiated individually, upon appropriation of funding for each phase of the project This will be a multi-year contract for a 3-year duration, subject to availability of funding.

EV Range shall provide guidance on which of the city selected chargers are most appropriate for the different project sites. Sites will be designed to a specific charger. City shall provide charger list/descriptions.

Below is a list of the various sites with proposed improvements. • City’s Motor Pool Facility: Phase 1 (1700 D Street)
• First Priority
• Basic site assessment (without formal topographical survey) to be performed to assess ADA requirements. Should formal Topographical Surveys (topos) be required after site assessment review, these shall be billed in addition.
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• New service from Liberty per their Rule 24 Make Ready Program • Design of the canopy to include solar panels, and the system will include a battery energy storage system.
• Opinion of Probable Construction Costs shall not exceed secured grant funding level of $306,000. City to provide the grant application that describes the project that must be designed to satisfy the grantor. Work on designing the priority project at 1700 D Street must pause after OPCC until grantor (CalTrans) provides E76 Notice To Proceed to the City. After that time, the City will provide a notice to EV Range to complete the design. • This site demands some demolition and removal of very old tree stumps and regrading potentially.
• Public Works Offices (1740 D Street)
• Second Priority
• New service for the project will be performed under Liberty's Rule 24 Make Ready Program
• Evaluate alternative clean-energy options in addition to diesel-powered generators for the backup power generators. These options may include a battery backup system.

Estimates of probable costs, as well as sizing requirements, should be evaluated. • Basic site assessment (without formal topographical survey) to be performed to assess ADA requirements. Should formal topos be required after site assessment review, these shall be billed in addition.
• Special Event Service Cabinet Upgrades at Lakeview Commons and Ski Run Farmers Market • Basic site assessment (without formal topographical survey) to be performed to assess requirements. Should formal topos be required after site assessment review, these shall be billed in addition.
• Two existing services to be upgraded or more likely shall require new services to support added loads to be provided by the City.
• Recreation Center Site (1176 Rufus Allen Blvd.)
• New service for the project will be performed under Liberty's Rule 24 Make Ready Program
• Basic site assessment (without formal topographical survey) to be performed to assess ADA requirements. Should formal topos be required after site assessment review, these shall be billed in addition.
• Parks Shop - (1160 Rufus Allen)
• Basic site assessment (without formal topographical survey) to be performed to assess ADA requirements. Should formal topos be required after site assessment review, these shall be billed in addition.
• Police Station: Phase 2 (1352 Johnson Blvd.)
• Basic site assessment (without formal topographical survey) to be performed to assess ADA requirements. Should formal topos be required after site assessment review, these shall be billed in addition.
• Evaluate alternative clean-energy options in addition to diesel-powered generators for the backup power generators. These options may include a battery backup system.

Estimates of probable costs, as well as sizing requirements, should be evaluated. • Coordinate with separate energy firm providing solar services: Project Managers at Willdan are David Daniel [email protected], and Brandon Rock, [email protected] they have already performed a survey recently via another project. If the survey can be made available to EV Range this will eliminate the need to perform a survey at this site.
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• Services Center Offices (1052 Tata Lane)
• Preform site assessment prior to surveying to reduce survey cost • Basic site assessment (without formal topographical survey) to be performed to assess ADA requirements. Should formal topos be required after site assessment review, these shall be billed in addition.
• Evaluate alternative clean-energy options in addition to diesel-powered generators for the backup power generators. These options may include a battery backup system.

Estimates of probable costs, as well as sizing requirements, should be evaluated. • City’s Motor Pool Facility: Phase 2 (1700 D Street)
• Basic site assessment (without formal topographical survey) to be performed to assess ADA requirements. Should formal topos be required after site assessment review, these shall be billed in addition.
• The right of way for this project needs to be evaluated prior to beginning any work on this project. If the project is not feasible based on the location of the right of way this project will be removed from the project list
Project Scope
Task 1 – Project Management
Management of the overall project will include scheduling of EV Range staff resources, regular project updates and correspondence with City and project team, coordinating field investigations, development of project schedule, quality assurance reviews, budget tracking and invoicing, and meetings with utility agencies, Caltrans, and other regulators, as necessary. The project manager will participate in kick-off meeting with City staff, the Project Team and other key stakeholders as may be appropriate, to discuss and confirm project scope details and schedule. If necessary, we will also attend a site walk of each of the sites listed above with City staff and the Project Team at this time to discuss project opportunities, constraints and strategies. This task also includes monthly virtual project update meetings with City staff and the project team. All meetings with the exception of kickoff meeting and the 35% and 65% design review meetings (see Task 6 below), will be planned to be held virtually.

Task 2 – Topographic Survey and Mapping
EV Range will provide basic site assessments at the majority of site locations to evaluate requirements for ADA and other potential factors that may impact the compliant installation of electric vehicle charging stations. Assessments shall be conducted utilizing smart levels, 3D scans and/or drones (where and if possible).

The assessment extents will be tailored to each site to cover the area of the proposed charging station, but not the entire subject parcel.

The survey will locate existing pavement grades, curb and gutter, sidewalk, building corners, visible utilities, fences, landscape areas, existing trees and other necessary surface features.

Basic site assessments will be provided without formal topographical surveys, to assess ADA requirements.

Should formal surveys be required with formal Topographical Surveys after site assessment review, these shall be billed in addition.

Task 3 – Geotechnical Investigation
• For the Geotechnical scope of work, we will complete a field investigation that will consist of two 517
(2) subsurface borings at each of the following six (6) EV charging station sites where structural parking canopies are proposed:
• City’s Motor Pool Facility: Phase 1 (1700 D Street)
• Public Works Offices (1740 D Street)
• Recreation Center Site (1176 Rufus Allen Blvd.)
• Services Center Offices (1052 Tata Lane)
• City’s Motor Pool Facility: Phase 2 (1700 D Street)
Exploration depths will be from ten (10) to twenty (20) feet below ground surface, or practical refusal, whichever comes first. Samples will be collected from the surface, and at intervals of between 2½ and five (5) feet below ground surface. EV Range will provide the drilling and the USA dig clearance.

EV Range herein proposes to provide sampling of each exploration, classify the encountered soils in accordance with the Unified Soil Classification System (USCS), and conduct laboratory testing on the samples collected. Additionally, we propose to perform engineering analyses and calculations and develop Geotechnical Investigation Reports for each EV charging station site that will discuss the geologic setting, seismic considerations, exploration and site condition, field and laboratory test data, and our conclusions and recommendations from a Geotechnical perspective. Our Geotechnical Investigation will be prepared by a Registered California Civil Engineer and will specifically include the following services:

Field Investigation will include:
• USA Dig Clearance
• Location of Exploration Borings
• Logging of all Soil Profiles Based on USCS
• Water Table Measurement, if Encountered
Laboratory analysis may include:
• Modified Proctor (ASTM D-1557)
• Atterberg Limits (ASTM D-4318)
• Grain Size Analysis (including fines content) (ASTM C-136) • Direct Shear (ASTM D-3080)
• Moisture Content and Unit Density (ASTM D-2937)
• ph/Resistivity/Soluble Sulfates
• R-Value (ASTM D-2844)
Report, Recommendations, and Conclusions:
• Exploration Logs
• Soil Types and Classification
• Laboratory Test Results
• Seismic Considerations and Site Geology
• Geotechnical Discussion
• Shear Strength Parameters of Site Soils
• Modulus of Subgrade Reaction
• Coefficient of Friction of Site Soils
• Grading Recommendations
• Lateral Earth Pressures (active, passive, and at rest) • Asphalt Pavement Recommendations
• Foundation Slab Recommendations
• Portland Cement Concrete Recommendations
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• Groundwater Level, if encountered
Deliverables: Electronic and hard copy of stamped/signed geotechnical report Task 4 – Parking Canopy Due Diligence
Under this task, EV Range will evaluate and perform due diligence of various prefabricated parking canopies that may be standardized across all sites. EV Range will identify various manufacturers that provide parking canopies designed to accommodate the snow, wind, and seismic loads, as well as to support solar panel installation. The various options will be presented to the City for selection of a preferred alternative. Using information collected from the site-specific geotechnical reports (provided under Task 3) and through correspondence with the selected manufacturer, EV Range will obtain the information necessary to establish conceptual site layouts and foundation details for the parking canopy structures at each site. Canopy design plans will be created as ‘additive alternates’ as indicated in ‘Project Understanding’ section above
Below is a list of the six (6) sites where structural parking canopies are proposed:
• City’s Motor Pool Facility: Phase 1 (1700 D Street)
• Public Works Offices (1740 D Street)
• Recreation Center Site (1176 Rufus Allen Blvd.)
• Services Center Offices (1052 Tata Lane)
• City’s Motor Pool Facility: Phase 2 (1700 D Street)
Task 5 – Electrical Design
EV Range will provide electrical engineering design services for each of the following eight (9) sites:
• Special Event Service Cabinet Upgrades at Lakeview Commons • Special Event Service Cabinet Upgrades at Ski Run Farmers Market • City’s Motor Pool Facility: Phase 1 (1700 D Street)
• Public Works Offices (1740 D Street)
• Recreation Center Site (1176 Rufus Allen Blvd.)
• Police Station: Phase 2 (1352 Johnson Blvd.)
• Services Center Offices (1052 Tata Lane)
• Parks Shop (1160 Rufus Allen Blvd.)
• City’s Motor Pool Facility: Phase 2 (1700 D Street)
EV Range will provide designs for Backup Power for each of the following four (4) sites:
• City’s Motor Pool Facility (Battery to support EV Charging) • Public Works (Battery or Generator, TBD)
• Services Center Offices (Battery or Generator, TBD)
• Police Station (Battery or Generator, TBD)
Capacity Analysis - assess proposed added loads for addition to existing services or for new Liberty service.

Coordinate with Liberty Utilities for new service request needs.

Creation of single lines and load schedules based on proposed loads.

Task 6 – Preliminary (35%) Design
EV Range will provide civil engineering design services for each of the following eight (8) sites:
• City’s Motor Pool Facility: Phase 1 (1700 D Street)
• City needs OPCC and an ‘engineers estimate’ budget for CalTrans Local Assistance Program Form 3A.
• Public Works Offices (1740 D Street)
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• Recreation Center Site (1176 Rufus Allen Blvd.)
• Police Station: Phase 2 (1352 Johnson Blvd.)
• Services Center Offices (1052 Tata Lane)
• Parks Shop (1160 Rufus Allen Blvd.)
• City’s Motor Pool Facility: Phase 2 (1700 D Street)
Document Review
EV Range will start the preliminary design phase by collecting and reviewing all the documents and information provided by the City to aid in identifying major design elements and site constraints to inform the preliminary design.

Utility Coordination
EV Range will identify those utility companies whose facilities may be affected by this project and coordinate any required modifications or improvements with those companies. EV Range will begin by requesting existing utility mapping from providers who have facilities within the project area. We will coordinate with the City for additional record drawings for any constructed facilities. EV Range will take this information and rectify the information provided by the utilities with the field survey completed under Task 2. Once our basemap is completed, we will field proof the information with a site visit. The purpose of this visit is to identify any discrepancies in the information provided by the utilities and identify any potential utility conflicts that need to be accounted for in the design.

Coordination with Liberty through to the 35% design stage. Two of the sites involved require brand new services from Liberty per their Rule 24 Make Ready Program: 1700 D Street Phase 1, and 1176 Rufus Allen
Preliminary (35%) Plans and OPCC
Using the information collected under the surveying, geotechnical, and parking canopy due diligence tasks, as well as the horizontal layouts in the electrical drawings prepared by EV Range, the EV Range Team will prepare 35% civil design plans and an Engineer’s Opinion of Probable Construction Cost (OPCC) for the proposed improvements. The plans shall comply with the City of South Lake Tahoe Public Improvement and Engineering Standards and Liberty Utilities’ standard details, where applicable.

The 35% design will use the base mapping prepared in Task 2. The preliminary plans will include the following:
• Title Sheet (using the City of South Lake Tahoe title block) with a Sheet Index that will incorporate the civil plans and electrical plans.
• A preliminary demolition plan, if needed.
• Plan sheets showing the preliminary horizontal alignment of the proposed utility trench, conduits, vaults, pads, and any proposed surface improvements required to accommodate the electrical design.
• The preliminary proposed limits of pavement removal and replacement. • Preliminary grading plan for pavement restoration, including pavement striping and signage plan for parking stalls as indicated on the EV Range electrical drawings. At this stage, grading and control will not be initiated other than as required in order to vet critical components of the design and aid in providing a preliminary OPCC. • Where ADA accessible routes are required, the assessment of paved parking surfaces, walkways, signage, and striping will be completed to determine where improvement will be needed to conform to California ADA Compliance requirements. At this stage, ADA design will be limited to identifying areas for ADA improvements to help define the limits of the project and costs. Final design will include all the required detailed grading under Task 6. • Limits of construction in areas outside of paved areas and associated surface restoration • Preliminary details to meet City of South Lake Tahoe standards. 520
• Information collected under Task 4 will be used to provide preliminary layout of parking canopy structures and foundation dimensions.
• Preliminary civil and structural details as needed including the proposed trench design, parking canopy structures, pavement restoration, unpaved area restoration and other associated civil details.

Deliverables:
• 35% Design Submittal: Electronic PDF and hard copies of preliminary construction plans and OPCC
Task 6 – Final Construction Documents
EV Range will prepare final plans, specifications, and Engineer’s Estimate of Probable Cost to the City for use in bidding.
65% Improvement Plans and Specification Submittal:

The EV Range team will develop 65% and 90% plans, specifications and OPCC based on the comments received on the 35% submittal. EV Range understands the City will provide boilerplate information for the construction documents. EV Range will provide bid item clarifications, technical specifications and any special provisions for inclusion into the bid documents. The 35% plans will be advanced to provide a level of detail associated with the 90% design stage, including the addition of TRPA required information:
• Land Capability Districts as available through TRPA’s webpage • APNs as provided by the City and Liberty Utilities
• A coverage table showing proposed new coverage by APN and Land Capability District • Site Restoration Details and/or specifications, as necessary, for disturbed areas outside of the paved areas
• Cut/Fill quantities
• Trees larger than 14” diameter at breast height identified for removal Upon submittal of the 90% design plans, specifications, and OPCC to the City, EV Range will participate in a review meeting with the City to go through submittal comments. EV Range will prepare a Response/Review Matrix of the comments received and provide a response to each comment on the spreadsheet for tracking purposes. EV Range understands that additional meetings may be required to discuss review comments and design issues, but will be completed as part of the regular progress meetings under Task 1.

Deliverables:
• 65% and 90% Design Submittal: Electronic and hard copies of construction plans, technical specifications, and OPCC
Final Bid Documents:

EV Range will prepare final stamped and signed plans, specifications, and OPCC to the City for use in bidding. Comments from the 90% plan review will be incorporated into the final plans and contact documents. EV Range will update all plans, quantities, bid item descriptions, technical specifications, and special provisions for the contract bid documents. EV Range will update the Response/Review Matrix.

Deliverables:
• Final Submittal: Electronic and hard copies of construction plans, technical specifications, and OPCC
• Electronic records of all project supporting files, including AutoCAD files, Esri GIS files, Microsoft Word files of specifications, imagery, and any reference files. 521
Task 7 – Permitting (T&M)
EV Range will prepare final plans, specifications, and Engineer’s Estimate of Probable Cost to the City for use in bidding, incorporating comments from City from the 35% Design stage.

EV Range will prepare one submittal to Liberty Utilities at 90% Design Stage for review. EV Range will incorporate comments received from Liberty Utilities into a final plan set for agency permit submittals. EV Range will provide electronic and/or hard copies of the plans for permit submittals to City of South Lake Tahoe Building Department, TRPA, or other stakeholders, as required.

EV Range will prepare final stamped and signed plans, specifications, and OPCC to the City for use in bidding. Any comments from the 100% plan submittal will be incorporated into the final plans and contact documents. EV Range will update all plans, quantities, bid item descriptions, technical specifications, and special provisions for the contract bid document. Final Plans and Specifications to be signed and sealed by a Professional Engineer in CA.

The fee estimate provided for this task covers one round of comment response to permitting agencies with the understanding that comments from all permitting agencies will be provided to EV Range prior to the initiation of final revisions to the plans.

Task 8 – Bidding Assistance (T&M)
EV Range will provide bidding assistance as requested. The following tasks have been accounted for in the fee estimate provided for this task:
• Attend pre-bid meeting
• EV Range will prepare one submittal to Liberty Utilities at 35% to confirm service availability and upgrade, and at 65% Design Stage for review. EV Range will incorporate comments received from Liberty Utilities into a final plan set for agency permit submittals. EV Range will provide electronic and/or hard copies of the plans for permit submittals to City of South Lake Tahoe Building Department, TRPA, or other stakeholders, as required.” • Other task services may include but are not limited to: responding to requests for information and assistance in issuance of addendums. Additional assistance may include bid and alternate bid item evaluations, reviews and recommendation of awards in accordance with all pertinent Federal and State regulations.
• EV Range will provide support for RFI’s during the bidding phase of the project.

Construction Support
EV Range has budgeted up to 40 hours of construction support response services through an RFI process.

Any additional time, or other further engineering, calculations, site visits or otherwise that may be required after the provision of final approved plans shall be billed in addition.

Assumptions / Exceptions
EV Range has made the following assumptions in preparation of this proposal:
• Assumed no work will be done in CalTrans right-of-way, therefore no CalTrans permitting will be required
• All improvements will be completed within existing paved areas with no additional impervious area. We assume land coverage and land capabilities have been verified for all subject parcels. Therefore, land coverage surveys of each parcel and land capability verifications or challenges are not included in this scope of work. Additionally, no permanent BMP plan or calculations will be required.
• No coverage transfer or purchases will be necessary and, therefore, are excluded from this scope of work.
• It is anticipated that the total proposed improvements will be under one acre; therefore, a • Stormwater Pollution Prevention Plan (SWPPP) specifications for construction work to be provided.
522
• EV Range assumes the electrical engineer will provide the necessary hard copies of their plans to Liberty Utilities and other agencies for inclusion in all submittal packages. • We assume each project will require the submittal of a TRPA Public Service and Linear Public Facilities application. No other TRPA applications will be required. • EV Range assumes all permit applications, fees and submittal preparation other than what is specifically included in the above tasks will be the responsibility of the City. • Environmental permitting, studies, and investigations are specifically excluded. • For the Police Station: Phase 2 (1352 Johnson Blvd.) site, no geotechnical investigation or structural due diligence tasks are included, as parking structure canopy design will be performed by others.
• This scope does not include preparation of a drainage report or any technical reports. • This proposal does not include construction management/assistance, inspection, construction staking, materials testing services or any other professional services related to the construction phase.
• This proposal does not include any floodplain modeling, analysis, or FEMA coordination. It is understood that the project sites are outside of FEMA Flood Hazard zones. • No comments will be made on the final submittal. The submittal review will be limited to confirm that all 35% and 90% submittal comments have been addressed. • This proposal does not include structural engineering design services for the parking canopy structures as it is understood that pre-engineered, pre-manufactured structures are desired by the City throughout all project sites.
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EV Range Budget Proposal
7-24-24
Motor Pool Public Works Offices Recreation Ctr Police Station Services Ctr Lakeview Ski Run Parks Shop City Motor Pool Task Total
Phase 1 Lump Sum Total: $271,395
Phase 2 Maximum Budget (Not to exceed) $151,791
Total Project Budget $423,186
Assumtions and Exclusions
Hourly Rates:

Position Billable Rate $/Hr
Construction
1700 D
$4,500 $4,500 $4,500 $4,500 $4,500 $2,000 $2,000 $4,500 $4,500 $2,500 $2,500 $2,500 $2,500 $2,500 $1,000 $1,000 $2,500 $2,500 $11,845 $11,845 $11,845 $0 $11,845 $0 $0 $0 $11,845
$6,750 $6,750 $6,750 $10,000 $6,750 $3,000 $3,000 $3,000 $6,750 $0 $0 $0 $7,500 $7,500 $0 $0 $0 $0
$7,500 $7,500 $0 $0 $0 $0 $0 $0 $0
$12,000 $11,250 $8,250 $8,400 $11,700 $0 $0 $3,000 $7,500 Director
Group Manager
Assistant / Project / Senior Project Manager
Staff / Project / Senior Hydrogeologist
Staff / Project / Senior Engineer
Assistant / Project / Senior Project Coordinator
Project / Senior Project Designer
Engineering Technician I / II / III
Director
Materials Engineering Manager
Assistant / Project / Senior Project Manager
Staff / Project / Senior Geotechnical Engineer
Construction Services Supervisor / Engineer
Assistant / Project / Senior Project Coordinator
Geotechnician
Construction Technician I / II / III
Administrative Technician
Director
Group Manager
Assistant / Project / Senior Project Manager
Staff / Project / Senior Surveyor
Surveying Technician I / II / III
Party Chief
Administrative Support
Mileage (per mile)
Inspector / Senior Inspector (includes nuclear gau
Materials Technician I / II / III (includes nuclear gau 1740 D 1176 Rufus 1352 Johnson 1052 Tata (Panel Upgrades) (Panel Upgrades) 1160 Rufus Allen 1700 D Project Management $35,500
Site Assessment $19,500
Geotechnical Investigation $59,225
Electrical Design $52,750
- Backup Generator
- Battery Energy Storage System
Preliminary (35%) Design $62,100
Parking Canopy Due Diligence $12,320 $12,320
Preliminary (65%) Design $9,600 $9,000 $6,600 $6,720 $9,360 $0 $0 $2,400 $6,000 $49,680 90% Design $6,240 $5,850 $4,290 $4,368 $6,084 $0 $0 $1,560 $3,900 $32,292 Final Construction 100% Documents- Budget $4,680 $4,388 $3,218 $3,276 $4,563 $0 $0 $1,170 $2,925 $24,219 Permitting Support (T&M)- Budget $4,200 $4,200 $4,200 $4,200 $4,200 $0 $0 $2,000 $4,200 $27,200 Bidding Assistance (T&M)- Budget $1,500 $1,500 $1,500 $1,500 $1,500 $0 $0 $1,000 $1,500 $10,000 Construction Services Support $1,200 $1,200 $1,200 $1,200 $1,200 $0 $0 $1,200 $1,200 $8,400 Any additional services requested but not covered by this Scope of Work can be provided by an amendment to this proposal. • Formal Topographic Survey Map required only at Airport location. All other locations, shall be assessed by EV Range during site walk for basic compliance review for ADA. • Assumed no work will be done in CalTrans right-of-way, therefore no CalTrans permitting will be required • All improvements will be completed within existing paved areas with no additional impervious area. We assume land coverage and land capabilities have been verified for all subject parcels.

Therefore, land coverage surveys of each parcel and land capability verifications or challenges are not included in this scope of work. Additionally, no permanent BMP plan or calculations will be required. • No coverage transfer or purchases will be necessary and, therefore, are excluded from this scope of work. • It is anticipated that the total proposed improvements will be under one acre; therefore, a • Stormwater Pollution Prevention Plan (SWPPP) specifications for construction work to be provided • We assume each project will require the submittal of a TRPA Public Service and Linear Public Facilities application. No other TRPA applications will be required. • Assumed all permit applications, fees and submittal preparation other than what is specifically included in the above tasks will be the responsibility of the City. • Environmental permitting, studies, and investigations are specifically excluded. • For the Police Station: Phase 2 (1352 Johnson Blvd.) site, no geotechnical investigation or structural due diligence tasks are included, as parking structure canopy design will be performed by others. • This scope does not include preparation of a drainage report or any technical reports. • This proposal does not include construction management/assistance, inspection, construction staking, materials testing services or any other professional services related to the construction phase. • This proposal does not include any floodplain modeling, analysis, or FEMA coordination. It is understood that the project sites are outside of FEMA Flood Hazard zones. • No design changes at 100%. City still must have the right to provide comments if there are inaccuracies or lack clarity. • This proposal does not include structural engineering design services for the parking canopy structures as it is understood that pre-engineered, pre-manufactured structures are desired by the City throughout all project sites. • Up to 40 hours of construction support services.

These rates apply to services rendered through December 31, 2024. Services provided after this date will be invoiced according to the Standard Fee Schedule in effect at that time. $384.00
$366.00
Senior Project Manager – Special Projects $336.00
$312.00
$264.00
$264.00
$240.00
$216.00
$186.00
$384.00
$342.00
$312.00
$264.00
$240.00
$240.00
$228.00
$228.00
$186.00
$174.00
$138.00
$384.00
$366.00
$312.00
$264.00
Assistant / Project / Senior Project Coordinator $240.00 Photogrammetrist / Photogrammetry Manager $210.00
GIS Analyst $186.00
$186.00
$240.00
$162.00
Copy & Print Services COST + 20%
$0.75
Engineering
Surveying
Administrative & Other Services
524
Tasks 1-6 are lump sum. Tasks 7 and 8 are based on a time and materials using our current fee schedule. EV Range will be happy to amend this proposal as necessary to include services not included or to amend the proposed services to better match the scope of services required. If this proposal is acceptable, please execute the attached contract and provisions and return the same to our office. Any additional services requested but not covered by this Scope of Work can be provided by an amendment to this proposal. The attached Standard Provisions of Agreement are a part of this proposal.

The amount of these billings will be based upon the percentage of work completed. The terms are ‘Due Upon Receipt’ and accounts are past due after 30 days. In addition, a “Stop Work Order” may be issued on past due accounts. In this case, no further work will be performed until the account is brought current.

Thank you again for allowing EV Range to provide you with this proposal.

Sincerely,
Joe Glassmeyer
Director of RFPs, Grants and Incentives
EV Range Inc
525

EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Estimated fees (not to exceed) $________
Hourly Rate: indicated in the following table
526
Travel and out-of-pocket expenses $________
(any travel is included in the TOTAL (not to exceed amount) TOTAL (not to exceed) $423,186

TIMELINE
Project sites are prioritized in the Scope of Services. Expected completion within 6 months of notice to proceed.
527

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:

Name, Title
By:________________________________________
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Resolution 2024-XXX August 13, 2024 Page 1 of 1
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
Augusts 13, 2024
Amending the 2023 – 2024 Budget by authorizing the transfer of $85,000

BACKGROUND
A. The City desires electrical and structural engineering and design services toward the implementation of electrical cabinet upgrades and electric vehicle charging infrastructure in a contract with EV Range
B. The 2023 – 2028 City of South Lake Tahoe Strategic Plan, 1.5 Carbon Neutrality, directs staff to “pursue opportunities for electrification, including transitioning fleet vehicles to electric and building robust EV charging infrastructure by 2025.”
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Resolves that the above recitals are true and a substantive part of this resolution.

2. Authorizes the transfer of $85,000 from account number 510-05440-50014 (Bellamy Parking Meters) to 301-60079-48020 (EV Projects, Design) (expense) for the purpose of funding a contract with EV Range for electrical and structural engineering.

Adopted by the City of South Lake Tahoe City Council on August 13, 2024 by the following vote:

Yes:

No:

Absent:

Requested Action / Suggested Motions: Pass a Resolution ratifying acceptance of a grant award in the amount of $75,000 from CalRecycle's 2023 SB 1383 Local Assistance Grant Program to be used towards organics diversion education and outreach.

Responsible Staff Member: Sara Letton, Sustainability Coordinator Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney
Attachments:
01 - Staff Report - Grant Acceptance.docx
02 - Resolution - Acceptance of Grant Award.docx
530
Council Agenda Report- August 13, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 13, 2024
Title: Ratifying Acceptance of $75,000 Grant Award from CalRecycle for 2023 SB 1383 Local Assistance Grant Program
Location: Citywide
Responsible Staff Member: Sara Letton (530) 542-6175
Background: In September 2016, Governor Edmund Brown Jr. set methane emissions reduction targets for California (SB 1383 Lara, Chapter 395, Statutes of 2016) in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). SB 1383 sets targets to reduce organic waste disposal by 50 percent by 2020 and 75 percent by 2025. The law also includes a target to recover at least 20 percent of currently disposed of surplus food by 2025 for human consumption. The Department of Resources Recycling and Recovery (CalRecycle) is administering a grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to SB 1383. This non-competitive grant program provides $90,000,000 in FY 2022-23 of funding to local jurisdictions to assist with the implementation of regulatory requirements associated with SB 1383, including but not limited to:
 Collection
 Edible Food Recovery
 Education and outreach (for organic waste & edible food recovery requirements)  Enforcement and Inspection
 Program Evaluation/Gap Analysis
 Procurement Requirements
 Record Keeping.

Issue and Discussion: The City of South Lake Tahoe is eligible for the CalRecycle grant because we have adopted an enforceable ordinance implementing SB 1383 (City Council Ord.

No. 2021-1157). CalRecycle provided funding estimates to jurisdictions, and South Lake Tahoe’s was $75,000. There is no requirement for matching funds. The grant application was submitted by November 15, 2023, and a Resolution supporting the application was submitted by November 7, 2023. Staff met with staff from South Tahoe Refuse to determine the best use of the grant funds.

The City intends to use these grant funds towards education and outreach costs. Education and outreach will focus on the transition from the current collection system to a 3-cart collection system, with waste separated at the source. It will also continue to be used on education and outreach to increase organics diversion, both commercial and residential. Personnel responsible for this program will include our Sustainability Coordinator who will be working closely with South Tahoe Refuse to deploy programs in the most efficient and effective manner. 531
Council Agenda Report- August 13, 2024 Page 2 of 2
The City of South Lake Tahoe received a high-elevation waiver from the requirement to separate and recover food waste and food-soiled paper starting January 1, 2022. However, this grant can assist with the overall program goal and public education. The application was approved, and the Grant was awarded on February 26, 2024. The funds were received on May 31, 2024 in Advance in the amount of $75,000. Expenditures against this funding must be reported in arrears as follows:

October 1, 2024: Progress Report 1 Due
April 1, 2025: Progress Report 2 Due
October 1, 2025: Progress Report 3 Due
April 1, 2026: Final Report Due
April 1, 2026: Grant Term End
The Final Report is due on April 1, 2026.

Financial Implications:

There are no matching grant fund requirements. Funds should be appropriated into the FY 2023/2024 budget, account 100-01967 Sustainable South Lake Tahoe, as follows:

Cal Recycle Revenue 33243: $75,000
Sustainability Expenses 44039: $75,000
Environmental Considerations: The appropriation of funds for the above-mentioned projects is not a project requiring review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).

Policy Implications: The grant application will support the City’s solid waste management efforts and supports the SB 1383 organics diversion program, including the state-mandated transition to a 3-cart waste management system.

It also supports the City’s Climate Action Plan, WA-2, Promote reductions in organic waste and landfill diversion, and WA-3, Implement waste and climate change education program. 532
Resolution 2024-XXX August 13, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
August 13, 2024
Ratifying Acceptance of Grant Award from CalRecycle for 2023 SB 1383 Local Assistance Grant Program

BACKGROUND
A. Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment.

B. In furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs and administration of the application, awarding, and management of the grant programs.

C. CalRecycle’s procedures for administering payment and grant programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants and payment programs.

D. CalRecycle has released a Notice of Funds Available for a one-time grant program to provide aid to local jurisdictions in implementing regulations adopted by CalRecycle under Senate Bill (SB) 1383 regarding organic waste.

E. The City of South Lake Tahoe is eligible for this round of funding under this grant because the City Council adopted an enforceable ordinance to implement SB 1383 (City Council Ord. No. 2021-1157), which became effective on January 1, 2022.

F. CalRecycle offered to award the grant described in the November 7, 2023, resolution to Council authorizing ratification of the grant application in the amount of $75,000. The application was approved on February 26, 2024. The grant award was received as an advance payment on May 31, 2024.

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

1. Ratifies acceptance of the award from CalRecycle for SB 1383 local assistance grant funding in the amount of $75,000, with no local match required.

2. Authorizes and empowers City Manager or designee to execute in the name of the City of South Lake Tahoe all documents, including but not limited to, applications, agreements, amendments, and requests for payment, and progress reports, necessary to implement the approved grant.
533
Resolution 2024-XXX August 13, 2024 Page 2 of 2

3. Authorizes a budget amendment for the CalRecycle grant of $75,000 with funds to be appropriated into the FY 2023/2024 budget account 100-01967 Sustainable South Lake Tahoe, as follows:

Cal Recycle Revenue 33243: $75,000
Sustainability Expenses 44039: $75,000
Adopted by the City of South Lake Tahoe City Council on August 13, 2024 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cody Bass, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
534
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 13, 2024
Agenda Item #:10
Agenda Item: Ratification of Grant Application and Acceptance of $12,500 from Tahoe Water Suppliers for Water Bottle Filling Station Program
Executive Summary: Staff applied for and was offered an award for $12,500 and now seeks to both ratify that grant application and authorize acceptance of the $12,500 to offset some of the cost of the outdoor water bottle refill stations/water fountains at five high-use sites throughout the city that were prioritized upon adoption of a municipal use and commercial ban on single-use plastic water bottles on October 4, 2022. These are the same sites and project as was presented in the request for authorization to apply for the $275,000 CalRecycle Beverage Container Recycling Grant Program on October 4, 2022.

Requested Action / Suggested Motions: Pass a Resolution: 1) Ratifying the submittal of application to Tahoe Water Suppliers Association for the Water Bottle Filling Station Grant Program; and, 2) Authorizing the acceptance of $12,500 in grant funds from Tahoe Water Suppliers Association into the FY 23 - 24 budget.

Responsible Staff Member: Sara Letton, Sustainability Coordinator Reviewed and Approved By: Sue Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney
Attachments:
01-Staff Report - Water Bottle Filling Station Program.docx 02 - Resolution TWSA Grant Acceptance 12,500.docx
03 - Request for $12,500 to TWSA from City of SLT.pdf
04 - Grant Award via Email in lieu of contract.pdf
535
Council Agenda Report- August 13, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 13, 2024
Title: Ratification of Grant Application and Acceptance of Award from Tahoe Water Suppliers Water Bottle Filling Station Program
Location: Citywide
Responsible Staff Member: Sara Letton, Sustainability Coordinator Background: On October 4, 2022 council voted to adopt on a second reading of an amendment to Chapter 4.175 (Polystyrene and Plastic Food Packaging Regulations) to establish a municipal use and commercial ban on single-use plastic water bottles. In passing the ordinance, it was made clear to Staff that council wanted to see updates and expansion to the opportunity for residents and visitors to refill water bottles with tap water throughout the city. This was to demonstrate the City’s commitment to encouraging this behavior change toward lessening reliance on single-use plastic water bottles and decreasing the amount of plastic hauled to our landfill. In the same meeting, October 4, 2022, Council authorized a $275,000 application to CalRecycle for funding to purchase and install such stations. The grant was not awarded. Staff then pursued modest grant program offered by the Tahoe Water Suppliers Association, providing up to $2500 reimbursed per outdoor installed water bottle filling stations, for the maximum of $12,500. Tahoe Water Suppliers Association manages the Drink Tahoe Tap © campaign, which supported the ordinance amendment banning single-use plastic water bottles and spoke during the council meeting. The grant would complement $150,000 in city sustainability funds that was directed to this project in the wake of not receiving the CalRecycle grant.

Issue and Discussion: Staff applied for and was offered an award for $12,500 and now seeks to both ratify that grant application and authorize acceptance of the $12,500 to offset some of the cost of the outdoor water bottle refill stations/water fountains at five high-use sites throughout the city. These are the same sites and project as was presented in the request for authorization to apply for the $275,000 CalRecycle Beverage Container Recycling Grant Program, October 4, 2022.

Financial Implications:

A resolution accompanies this Staff Report to accept the $12,500 awarded by the Tahoe Water Suppliers Association, amending the FY23- 24 budget in the following accounts:

Local Grants Revenue 301-60080-33320
Construction/Project Expense 301-60080-48030
536
Council Agenda Report- August 13, 2024 Page 2 of 2
Environmental Considerations: The appropriation of funds for the projects mentioned above is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines (existing facilities).

Policy Implications: This project advances the City’s 2023 – 2028 Strategic Priority 3.4, “Develop a culture of stewardship and care taking by residents and visitors and coordinate with regional partners to reduce the amount of litter impacting the environment. Reduce the source of litter by increasing availability of trash cans in public, banning single use plastics, installing water bottle filling stations and bear boxes in the community. Reduce the amount of waste reaching the landfill through recycling and other efforts.”
537
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
August 13, 2024
Ratification of Grant Application and Acceptance of Award from Tahoe Water Suppliers Water Bottle Filling Station Program

BACKGROUND
A. On October 4, 2022, City Council adopted an ordinance amending Chapter 4.175 (Polystyrene and Plastic Food Packaging Regulations) of the South Lake Tahoe City Code to Establish a Municipal Use and Commercial Ban on Single-Use Plastic Water Bottles. During the staff presentations of the draft ordinance, staff reported grant programs could support the purchase and installation of public water bottle filling stations, encouraging the behavior change necessary for successful enactment of the proposed ordinance.

B. The purchase and installation of water bottle filling stations, along with education and outreach, supports City priorities (Strategic Plan 3.4 and Climate Action Plan Strategy WA-2) independently of the adoption of a single-use plastic water bottle ban.

C. The Tahoe Water Suppliers Association provides the Water Bottle Filling Station Grant Program. They offer up to $2500 per water bottle filling station, up to five stations per applicant, for a maximum of $12,500.

D. In July, 2023, Staff applied for the program and was offered the maximum award.

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

1. Ratifies the submittal of application to Tahoe Water Suppliers Association for the Water Bottle Filling Station Grant Program.

2. Authorizes the City Manager or designee to execute in the name of the City of South Lake Tahoe, all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.

3. Authorizes the acceptance of $12,500 in grant funds from Tahoe Water Suppliers Association into the budget as follows:
538
Local Grants Revenue 301-60080-33320
Construction/Project Expense 301-60080-48030
Adopted by the City of South Lake Tahoe City Council on August 13, 2024 by the following vote:

Yes:

No:

Absent:

Hi Sara –
The water bottle filling station application has been reviewed and is approved for the $12,500 requested amount.

When the stations are in, I will need receipts for the 5 stations and photos of the installation.

Then I can issue a check in the full amount and we will work on signage and getting them on the refill map.

I am very happy we could collaborate on this!
Thank you for all your hard work and leadership!
– Madonna
From: Sara Letton <[email protected]>
Sent: Friday, July 21, 2023 3:36 PM
To: Drink Tahoe Tap <[email protected]>
Cc: Madonna Dunbar <[email protected]>; Lori Marino <[email protected]> Subject: Application to Filling Station Program from City of SLT CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Hi TWSA and Madonna,
Attached is a program funding request from the City of South Lake Tahoe. We the appreciate the opportunity to apply for funding and appreciate all the support you have provided as South Lake Tahoe voted to ban single-use plastic water bottles from being sold in our city. We want to promote our amazing tap water and lessen the amount of waste in our community.

We hope to purchase and install the units as soon as possible before the TRPA ground disturbance ban takes effect in October. I hope our timing aligns.

Best,
Sara
Sara Letton
Sustainability Coordinator
Office of the City Manager
City of South Lake Tahoe, CA
Office: (530) 542-6175
Cell: (530) 318-4770
[email protected]
550
8/1/23, 4:43 PM Mail - Sara Letton - Outlook
https://outlook.office365.com/mail/inbox/id/AAQkAGJhNWJiYmM1LTFmOGMtNGY0NS1hNDNhLWE4MTUyOWFjMGFhYgAQAP68fimNW0o3gCBqo3… 2/2 www.cityofslt.us
This is a verified communication from the City of South Lake Tahoe. If you suspect that this message was not sent from a verified source, contact the City of South Lake Tahoe IT department at [email protected]
551
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 13, 2024
Agenda Item #:11
Agenda Item: Acceptance of $45,000 Grant from Tahoe Fund Toward Electrification of LakeLink Executive Summary: The City has partnered with the South Shore Transit Management Association in efforts to transition the LakeLink fleet to electric in pursuit of decreasing the carbon pollution footprint of the program.Â Such a transition will necessitate both overnight charging of vehicles as well as on route charging mid-shift. These funds are directed toward the design of on route, fast charging infrastructure on city property at Rufus Allen Blvd. This is considered a fleet charging site and will not be open to the public.

Requested Action / Suggested Motions: Pass a Resolution approving receipt of $45,000 grant from the Tahoe Fund toward electric vehicle charging infrastructure costs on City property supporting the electrification of the LakeLink microtransit fleet managed by the South Shore Transit Management Association and corresponding budget amendments.

Responsible Staff Member: Sara Letton, Sustainability Coordinator Reviewed and Approved By: Sue Blankenship, City Clerk Heather Stroud, City Attorney Olga Tikhomirova, Finance Director Joe Irvin, City Manager
Attachments:
01 - Staff Report Grant Acceptance of 45,000 from Tahoe Fund.docx 02 - Resolution Accepting 45,000 Grant from Tahoe Fund toward EV Microtransit.docx 03 - Tahoe Fund Grant Letter.docx
04 - Tahoe Fund Project Report Template.docx
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Council Agenda Report- August 13, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 13, 2024
Title: Grant Acceptance from Tahoe Fund toward Electrification of LakeLink Location: 1176 Rufus Allen Blvd
Responsible Staff Member: Sara Letton (530) 542-6175
Background: The City supports the development and expansion of first/last mile transit by partnering with and helping to fund LakeLink microtransit, a program of the South Shore Transit Management Association. The SSTMA board and City leadership have expressed interest in seeing that fleet transition to electric when pragmatically possible. In pursuit of supplemental funding toward the design and implementation of both overnight and on route charging to support that fleet, the City requested permission to apply for a grant from the Tahoe Fund on January 9, 2024 for $150,000.

Issue and Discussion: The Tahoe Fund is a private charitable organization that offers a funding stream to support environmental improvement projects throughout the Basin. They accepted grant proposals in the focus areas of Forest Health, Lake Clarity, Sustainable Recreation, and Stewardship. Requests were welcome at between $5,000 to $1,000,000. No match is required but they expect projects to leverage other funding. The Tahoe Fund has offered the City $45,000 toward the total expense of the design of the site work, electrical, DC fast charger, and snow canopy at 1176 Rufus Allen Blvd.

City Staff are working with Liberty Utilities for electrical upgrades to the point of the meter via their Rule 24 Make Ready program. Engineering and design work for this site is a planned part of the proposed contract for EV Range, also on this meeting’s agenda. Further grant funding is being sought to complement this funding because the full request for construction funds was not fulfilled.

Financial Implications: The original grant request was for the full cost of the project at an estimated $150,000. $45,000 is offered by the Tahoe Fund toward the project’s initial design phase, which is likely to leverage other grant funding. This funding will be appropriated to the Sustainability Projects CIP Account 301-60079, to revenue and expense line items 33320 OtherLocal Grants (revenue) and 48020 Design (expense).

Environmental Considerations: The proposed project that would use the grant funds is categorically exempt from environmental review under CEQA Guidelines Section 15301, Existing Facilities, which exempts “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or not expansion of existing or former use” including “restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the 553
Council Agenda Report- August 13, 2024 Page 2 of 2
damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood.”
Policy Implications: The project supports the City’s Strategic Priorities:
 1.4 Transportation via “electrification of the transportation system is a top priority” and Action Item 4: “Continue to partner with South Shore Transportation Management Association, Tahoe Transportation District, Tahoe Regional Planning Agency and other partners to identify new and existing funding sources to expand and electrify micro-transit service from its initial footprint to the entire city limits, as based on the 2022 South Shore Transportation Analysis.”
 1.5 Carbon Neutrality to “pursue opportunities for electrification, including transitioning fleet vehicles to electric and building robust EV charging infrastructure by 2025.” The project advances Climate Action Plan:
 EDT-1, Promote and incentivize EVs and EV chargers: “Evaluate the potential incentives to convert fleets to EVs.”
 TR-1 Support improvement of transit services: “Work with TTD and other transportation agencies to improve overall accessibility, reliability, and convenience of transit services.” The project supports community GHG emissions reductions, contributing to the science-based emissions reductions target established recently in Resolution No. 2022-088. 554
Resolution 2024-XXX August 13, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
Augusts 13, 2024
Amending the total 2023 – 2024 Budget and appropriating a $45,000 Grant From the Tahoe Fund Toward EV Microtransit Charging

BACKGROUND
A. On January 9, 2024 the City Council directed staff to pursue a grant application for $150,000 toward the cost of installing dedicated electric vehicle fast charging at 1176 Rufus Allen Blvd, in support of an electrified LakeLink microtransit fleet conversion in partnership with the South Shore Transit Management Association. The Tahoe Fund later offered the City $45,000 toward the project costs.

B. The 2023 – 2028 City of South Lake Tahoe Strategic Plan, 1.5 Carbon Neutrality, directs staff to “pursue opportunities for electrification, including transitioning fleet vehicles to electric and building robust EV charging infrastructure by 2025.”
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Resolves that the above recitals are true and a substantive part of this resolution.

2. Appropriates $45,000 awarded by The Tahoe Fund to account number 301-60079-33320 Other-Local Grants (revenue) and 48020 Design (expense) for the purpose of helping to fund design of an on route fast charging site for electric microtransit vehicles, in partnership with the South Shore Transit Management Association.

Adopted by the City of South Lake Tahoe City Council on August 13, 2024 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cody Bass, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
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Resolution 2024-XXX August 13, 2024 Page 2 of 2
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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March 25, 2024
Sara Letton
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 201
South Lake Tahoe, CA 96150
Dear Sara:

On behalf of the Board of the Tahoe Fund, I am pleased to award this grant of $45,000 to the City of South Lake Tahoe for the Lake Link Electrification project.

Please note that by accepting these funds, you confirm that this donation will be used solely for the above efforts, and that you will submit a final report on the use of these funds by December 31, 2024. Tahoe Fund staff will e-mail a grant reporting template shortly. In addition, by accepting these funds, the City of South Lake Tahoe consents to a potential audit examining grant use and effectiveness. The Tahoe Fund would like to be recognized in any publications or media associated with this donation and must review and approve these materials before they are published.

In the unlikely event that the City of South Lake Tahoe is unable to move forward with the project or abide by the terms set forth in this letter, the Tahoe Fund may terminate the grant upon written notice. The City of South Lake Tahoe would then be required to return to the Tahoe Fund any portion of the grant funds, including interest earned, not yet used or spent for purposes not specified in this letter or not otherwise approved by the Tahoe Fund.

We very much appreciate your work in our community and look forward to our continued relationship. Should you have any questions, please contact me at [email protected] or 775.298.0035.

Sincerely,
Amy Berry
Tahoe Fund CEO
557
Tahoe Fund Grant Report
Date:

Name of Organization:

Project Title:

Contact Name, Phone #, Email:

Date Grant Received:

Amount of Grant:

I. Brief overview of the project (A short paragraph with project information: what did you do, how did you do it?)
II. Project Cost
a. What was the total project cost?
b. What did you use the Tahoe Fund grant funding for? (Please provide records of financial reports attached separately.) c. Was the project completed, if not, what is left to do? III. Impact
a. What was the overall impact of the project? (Share any metrics or findings. Please send project photos via Dropbox or Google Drive) b. What impact did the Tahoe Fund grant have to the overall project?
558
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 13, 2024
Agenda Item #:12
Agenda Item: Quarterly Update on the Affordable Housing Waitlist Executive Summary: On March 28, 2023, former Mayor Pro Tem Bass (seconded by Councilmember Wallace) requested that an item be brought to City Council to discuss the number of people actively waiting for affordable housing. The last quarterly update was on April 23, 2024, during this meeting City Council requested to also include the waitlist for the Sugar Pine Village, as part of the quarterly update.

This report includes the information for the second quarter of 2024.

Requested Action / Suggested Motions: Receive and file.

Responsible Staff Member: Lydia Zuniga, Associate Management Analyst Reviewed and Approved By: Zach Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Quarterly Update.docx
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Council Agenda Report August 13, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: August 13, 2024
Title: Quarterly Update on the Affordable Housing Waitlist Location: City-wide
Responsible Staff Member: Lydia Zuniga, Associate Management Analyst Background: The Development Services submits quarterly reports to City Council on the number of people actively waiting for affordable housing. During the City Council meeting of April 24, 2024, Council Member Robbins requested to also include the waitlist for the Sugar Pine Village, as part of the quarterly update.

Issue and Discussion: Before the City Council is the updated waitlist from the 8 Affordable Housing properties within the City (totaling 344 units) that the City is obligated to conduct monitoring to ensure compliance with funding source requirements.

For the end of the second quarter for 2024, the current list shows a decrease from 1108 to 891.

Based on a review of the individual lists, there are about 100+ names that appear on multiple lists.

As such, there are approximately 800 individuals on the compiled lists. The approximate wait times range from 1-7 years depending on the size of unit.

Below is a chart outlining the breakdown of the units. The 1-bedroom units has 592 people on the list. Followed by the 2-bedroom units, which has about 210 and the 3-bedroom units has a total of 89 people, for a total of 891. Staff was informed that 90% of the people on the list are locals. 560
Council Agenda Report August 13, 2024 Page 2 of 3
The Sugar Pine Village (SPV), leasing took place on April 15, 2024. During the City Council meeting of 5/7/2024, it was noted that the SPV received 270 applications.

The most recent stats as of July 15, 2024, for the SPV property are as follows:
 350 completed applications have been submitted
 16 applications were denied
 282 applications are from the local area
 139 applications are moving forward in the process
Staff has no confirmation of the number of units leased. It’s important to note that until the people qualify for a unit and are accepted, we won’t have an accurate number and or the waitlist for SPV won’t be finalized.

For the Lease to Locals Program the stats show that the Program is tapering off. All the leases under the Lease to Locals program are a 12-month lease.

Summary
The waitlist serves to document the number of people actively seeking out affordable units vs the number that are immediately available. Those on the waitlist are choosing to wait for a unit while others may choose to not put their name on the list and seek alternative arrangements. As such, waitlists may be influenced by a variety of factors. Regardless, the need for affordable housing is well established.

Monitoring the waitlists quarterly may provide an indicator of the effectiveness of City and community efforts to address low-income housing needs. This staff report serves as a monitoring and reporting update to City Council.

Financial Implications: There are no costs associated with this report, except the staff time that would be needed to provide quarterly updates to Council. This report does not result in any modifications to any Housing Programs or has any financial implications.

Environmental Considerations: This is not a project under CEQA, because it does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Sections 15378(b)(2) and 15378(b)(4) and is, therefore, not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3).
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Policy Implications:

This item is consistent with the following adopted policies and programs:

City General Plan Housing Element
Policy 1-1. The City shall adopt programs, ordinances, incentives, land use plans and other regulatory mechanisms that provide opportunities for the private sector to address the housing needs of citizens of all economic levels.

Policy 2-5. The City shall recognize that it will become difficult to attract employees if they cannot afford to purchase or rent housing in South Lake Tahoe. The City shall encourage and support programs and activities that create a robust local economy that provides residents with good paying employment and the means to purchase and/or rent housing in the City.

Policy 5-1. The City shall promote housing opportunities for all persons regardless of source of income, age, race, religion, gender, sexual orientation, marital/familial status, national origin, disability, economic level, or other barriers that prevent choice in housing.

Program 2-9. The City shall continue to provide information that describes the myths and realities of multifamily and affordable housing development.

562
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 13, 2024
Agenda Item #:13
Agenda Item: Budget Appropriation of Permanent Local Housing Allocation (PLHA) Formula Funds Executive Summary: The California Department of Housing and Community Development (HCD) released a Notice of Funding Availability (NOFA) for $195 million for the Permanent Local Housing Allocation (PLHA) program. Funding for this NOFA is provided pursuant to Senate Bill (SB) 2 (Chapter 363, Statues of 2017). SB 2 established a Fund and authorized HCD to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to local governments for eligible housing and homelessness activities. The PLHA funds will be utilized for three different eligible activities.

It is recommended that the City Council pass a Resolution authorizing the Finance Director to appropriate up to $828,516 into the FY 2023-2024 revenue and expense budget line items for the PLHA annual allocation over five years.

Requested Action / Suggested Motions: Pass a Resolution authorizing the Finance Director to appropriate up to $828,516 into the FY 2023-2024 budget for the PLHA annual allocation over five years to fund current and future projects.

Responsible Staff Member: Jessica Wackenhut Lomeli
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.docx
02-Resolution - Budget Appropriation.docx
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Council Agenda Report- August 13, 2024 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: August 13, 2024
Title: Budget Appropriation of Permanent Local Housing Allocation (PLHA) Formula Funds Location: 3900 and 3908 Lake Tahoe Boulevard (APNs: 0129-170-01 and 029-170-02) and Citywide
Responsible Staff Member: Jessica Wackenhut Lomeli, Housing Manager Background: The California Department of Housing and Community Development (HCD) released a Notice of Funding Availability (NOFA) for $195 million for the Permanent Local Housing Allocation (PLHA) program. Funding for this NOFA is provided pursuant to Senate Bill (SB) 2 (Chapter 363, Statues of 2017). SB 2 established a Fund and authorized HCD to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, on-going source of funding to local governments for housing-related projects and programs that assist in addressing the unmet needs of their communities. Under the Formula PLHA program, the City of South Lake Tahoe is eligible to receive up to $994,219 over five years. The City has been awarded with the first, second, and third year-allocation totaling $729,776. Staff responded to the fourth round NOFA released in Spring 2024. There is also a competitive PLHA grant in which Sugar Pine Village was awarded $5,000,000 in both 2021 and 2022 totaling $10,000,000.

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).

On July 14, 2020, the City Council adopted Resolution No. 2020-060 to authorize an application for, and receipt of, PLHA funds to fund a first-time homebuyer down payment assistance program. The City was awarded, and the Standard Agreement was executed on June 21, 2021. A Request for Proposals (RFP) was released in March 2022 to solicit proposals from outside entities to administer a first-time homebuyer down payment assistance program. The City received no responses to the proposal. With the lack of responses, City staff began an analysis of the efficacy of a homebuyer assistance program in the current market.

City staff assessed local home prices in comparison to incomes to better understand how many residents could be assisted through a down payment assistance program. Data demonstrates that there is a mismatch between the homebuyer market and local incomes which would require an outsized amount of funding to make a down payment assistance program viable. The amount of money available would not create benefit for a consequential number of people. As such staff sought alternative uses for the money that would benefit the largest number of people while meeting the objectives of the Housing Element and Strategic Plan.
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Council Agenda Report- August 13, 2024 Page 2 of 4
On November 7, 2023, the City Council adopted Resolution 2023-095 authorizing the amendment to the PLHA application that was initially authorized and expanded the eligible activities per the PLHA Final Guidelines to include the following:

1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is Affordable to Extremely low-, Very low-, Low-, or moderate-income households, including necessary operating subsidies.

6. Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

9. Homeownership opportunities, including, but not limited to, down payment assistance.

Issue and Discussion: On May 7, 2024, the City Council authorized the Mayor to enter into the Predevelopment Loan and Development Agreement with NDC Lake Tahoe, LP for $564,073 to be used for predevelopment costs associated with the affordable housing project at 3900 and 3908 Lake Tahoe Boulevard. The $564,073 utilized for predevelopment costs is funded by the second and third allocation of PLHA funds the City has received.

The remaining $223,018 in PLHA funds will be determined at a future date by City Council for one of the three eligible activities per the PLHA Final Guidelines listed previously.

It is recommended that the City Council adopt a Resolution authorizing the Finance Director to appropriate a total of $828,516 into the revenue and expense budget line items for the PLHA annual allocation revenue over five years, for the expenditures of the loan to NDC Lake Tahoe, LP, and for the remainder of the available funding.

Financial Implications: The PLHA is a noncompetitive grant process available from HCD, which the City is eligible to receive annual allocations over a five-year period for a total of $994,219. The City is eligible to receive three allocations. The exact amount of future allocations is not known at this time as it is based on a formula allocation of funds collected for the SB 2 Fund. The PLHA grant guidelines will allow the City to charge up to five percent (5%) for each annual allocation for grant administration.

Staff is recommending that the PLHA funds be appropriated, consistent with the Standard Agreement, as follows:

Account Number 253-06010
Revenue (33244 Housing Grants): $828,516
Expenditures (47060 Loan): $564,073
Expenditures (42020 Professional Services): $223,018
Administration Costs (50011): $41,425
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Council Agenda Report- August 13, 2024 Page 3 of 4
Environmental Considerations: The recommendation for the $223,018 in PLHA Funds that remain unallocated 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). This action is categorically exempt from review under the California Environmental Quality Act (CEQA) with respect to the affordable housing project at 3900 and 3908 Lake Tahoe Boulevard for $564,073 under CEQA Guidelines section 15332 (In-Fill Development Projects)
Policy Implications: The following adopted policies and programs are applicable to this discussion:

City of South Lake Tahoe Strategic Plan 2023 - 2028

1.3.2 Proactively work with an affordable housing developer and partner agencies to develop affordable and/or workforce housing at 3900 Lake Tahoe Blvd.

1.3.6 Continue to work the Tahoe Coalition for the Homeless to rehabilitate properties purchased through Project HomeKey.

3.1.3 Work with local partners to support permanent supportive housing/transition and emergency homeless shelter resources in the city.

City General Plan Housing Element
The discussed action would be consistent with the following adopted General Plan Housing Element policies and programs:

Program 1-4 The City shall work with affordable, workforce, and other multifamily housing proponents to direct them to Community Plan or Area Plan areas where incentives are already in place to allow for the additional coverage that could enable achievement of the densities necessary to make a project “pencil out.” The City will also seek opportunities to incentivize the construction of new housing to serve large renter households.

Policy 1-10 The City shall actively seek opportunities to obtain federal, state, and local funding for affordable housing and community development and implementation of General Plan policies and programs to support housing affordability, community development and safety.

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 566
Council Agenda Report- August 13, 2024 Page 4 of 4
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.

Policy 2-9 The City shall strive to provide housing opportunities that are affordable for workers earning between 60 and 180 percent of the area median income. The City recognizes that police and fire personnel, schoolteachers, nurses, and other public service employees are an essential component of the local workforce.
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Resolution 2024-XXX August 13, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
August 13, 2024
Budget Appropriation of Permanent Local Housing Allocation (PLHA) Formula Funds

BACKGROUND
A. The City General Plan Housing Element (2014) identified a general disparity between wages and the cost of housing in South Lake Tahoe. There is a need for new housing construction to serve low, very low, and extremely low income residents due to 36.1 percent of City residents in these income categories having a cost burden greater than 30 percent and 19.8 percent having a cost burden greater than 50 percent between 2006 and 2010.

B. On July 14, 2020, the City Council adopted Resolution No. 2020-060 to authorize an application for, and receipt of, PLHA funds to fund a first-time homebuyer down payment assistance program. The City was awarded, and the Standard Agreement was executed on June 21, 2021.

C. A Request for Proposals (RFP) was released in March 2022 to solicit proposals from outside entities to administer a first-time homebuyer down payment assistance program.

The City received no responses to the proposal. With the lack of responses, City staff began an analysis of the efficacy of a homebuyer assistance program in the current market.

D. On November 7, 2023, the City Council adopted Resolution 2023-095 authorizing the amendment to the PLHA application that was initially authorized and expanded the eligible activities per the PLHA Final Guidelines.

E. On May 7, 2024, the City Council authorized the Mayor to enter into the Predevelopment Loan and Development Agreement with NDC Lake Tahoe, LP for $564,073 to be used for predevelopment costs associated with the affordable housing project at 3900 and 3908 Lake Tahoe Boulevard. The $564,073 utilized for predevelopment costs is from the second and third allocation of PLHA funds the City has received.

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

1. Appropriate budgeting on the PLHA funds into account number 253-06010 as follows:

Revenue (33244) $828,516
Expenditures:

Loan to Project 47060
Professional services 42020
$564,073
$223,018
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Resolution 2024-XXX August 13, 2024 Page 2 of 2
Administration Costs (50011) $41,425
Adopted by the City of South Tahoe City Council on August 13, 2024 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cody Bass, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
569
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 13, 2024
Agenda Item #:14
Agenda Item: Reject Bid for Rockwood to Blackwood Drainage Improvements Project Executive Summary: The Upper Bijou Park Creek Watershed Restoration Project is a watershed-scale project seeking to address water quality and flooding issues in a phased approach in order to provide treatment for urban runoff from roadways, commercial and residential areas in an approximately 850- acre watershed that discharges to Lake Tahoe via the Ski Run Marina. The City completed Phase 1 in 2018 with the redevelopment of the Knights Inn hotel, replacing the failing storm drain pipe with new stormwater treatment basins and conveyance system integrated in the new Wholefoods/Southwest Corner redevelopment project. The City is currently in Phase 2 of the project, focused on the large upper watershed area that is subject to historic flooding, development impacts in SEZ areas, and water quality issues. The upper watershed project includes plans to restore SEZ and floodplain areas, provide drainage solutions to support future active transportation improvements, and include distributed natural treatment systems to reduce sediment and nutrients loads in urban runoff that has the potential to impact Lake Tahoe. One piece of the upper watershed project is the Rockwood to Blackwood Drainage Improvements Project that mitigates flooding on Woodbine Road, Rockwood Road, Blackwood Road, and in the Heavenly Valley Estates Mobile Home Park. The Department of Public Works released the Rockwood to Blackwood Drainage Improvements Project bid documents to the public on June 25, 2024.

On July 16, 2024 at 2:00 p.m. the Department of Public Works held a public bid opening. One (1) bid was received for the project. Staff is recommending City Council reject this bid under Public Contract Code section 20166 as the only bid received exceeds the Cityâ€™s fiscal capacity for the project.

Requested Action / Suggested Motions: Pass a Motion to reject the bid received for the Rockwood to Blackwood Drainage Improvements Project - BN-24-30140051-01 and direct staff to re-bid the Project.

Responsible Staff Member: Jason Burke, Complete Streets Program Manager and Brianna Greenlaw, Associate Civil Engineer
Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Joe Irvin, City Manager Attachments:
01-Staff Report - Reject Bid.docx
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Council Agenda Report August 13, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: August 13, 2024
Title: Reject Bid – Rockwood to Blackwood Drainage Improvements Project Location: Rockwood Drive to Blackwood Drive, Bijou Park Creek Watershed Responsible Staff Member: Jason Burke, Complete Streets Program Manager (530) 542-6038; Brianna Greenlaw, Associate Civil Engineer (530) 542-6042 Background:

The Upper Bijou Park Creek Watershed Restoration Project is a watershed-scale project seeking to address water quality and flooding issues in a phased approach to provide treatment for urban runoff from roadways, commercial and residential areas in an approximately 850-acre watershed that discharges to Lake Tahoe via the Ski Run Marina. The city completed Phase 1 in 2018 with the redevelopment of the Knights Inn hotel, replacing the failing storm drainpipe with new stormwater treatment basins and conveyance system integrated into the new Wholefoods/Southwest Corner redevelopment project. The City is currently in Phase 2 of the project, focused on the large upper watershed area subject to historic flooding, development impacts in SEZ areas, and water quality issues. The upper watershed project includes plans to restore SEZ and floodplain areas, provide drainage solutions to support future active transportation improvements, and include distributed natural treatment systems to reduce sediment and nutrient loads in urban runoff that has the potential to impact Lake Tahoe. One piece of the upper watershed project is the Rockwood to Blackwood Drainage Improvements Project, which mitigates flooding on Woodbine Road, Rockwood Road, Blackwood Road, and in the Heavenly Valley Estates Mobile Home Park.

The Department of Public Works released the Rockwood to Blackwood Drainage Improvements Project (Project) bid documents to the public on June 25, 2024. One hundred and two (102) contractors, subcontractors, and vendors licensed to perform the work were electronically notified via the City’s electronic bid site. In addition, the City’s Project Manager and design consultant also reached out to contractors. Eleven (11) prime contractors downloaded documents for bidding.

On July 16, 2024 at 2:00 p.m. the Department of Public Works held a public bid opening. One (1) bid was received for the project. Bid tabulation is as listed below in Table A.

Prime Contractor Location Base Bid Amount
1 LaFleur Engineering, Inc. Roseville, CA $2,407,970
Table A – Prime Contractors submitting bids
The bids shown in Table A represent the base bid. Per the project specifications, the selection of the lowest responsive bid shall be awarded based on the base bid. For this project, the City has also included in the bid one additive alternate, as listed below in Table B, that could be added to the project base bid award by the City Council.

Additive Alternates Added Cost
1 2 Additional 36” CMP Drop Inlets on Blackwood Road and associated appurtenances
$19,356
Table B – Additive Alternates
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Council Agenda Report August 13, 2024 Page 2 of 3
The City’s consultant team (Wildscape Engineering, Inc./NTCD) Engineers Estimate for the project’s construction cost at $1,557,365 (Base Bid only) in June 2024 based on construction document level drawings and specifications. The consultant completed the estimate based on unit prices from similar projects completed in the area. The single bid of $2,407,970 represents an increase of approximately 55% over the engineer’s estimate.

Staff anticipates that only one bid was received that was significantly higher than expected due to several factors that resulted in Contractors transferring risk to the Owner at the time of bidding:
 Awarding this construction contract in mid-August would realistically only allow for one and a half months of construction. With an accelerated timeline and liquidated damages associated with substantial completion, the Contractor’s prices typically are elevated. Readvertising this project to allow a full construction season (May – October) in 2025 will help to reduce Contractor risk.  Most Contractors already have a full schedule for this summer. Not only does this reduce the number of bidders, but it also makes it difficult for prime Contractors to find available subcontractors with the appropriate licenses.
 This project includes extensive coordination for utility relocation. Although the City and the design consultant team have initiated these efforts with the utility companies, uncertainty about the delay that utility coordination could cause during a very short construction period reduces Contractor interest.
 Custom structures are necessary for installing this drainage system, and they have long manufacturer lead times. Although the City has initiated the procurement process (providing them as City furnished items) to reduce the timeline constraint on the Contractor, there is still uncertainty until the products are delivered on-site. These products will be delivered well before next season, which will reduce this uncertainty during advertisement.

Issue and Discussion:

Staff is recommending City Council reject this bid under Public Contract Code section 20166 (see Statute below) as the only bid received (shown above in Table A) exceeds the City’s fiscal capacity for the project.

P.C.C. 20166. In its discretion, the legislative body may reject any bids presented and readvertise. If two or more bids are the same and the lowest, the legislative body may accept the one it chooses. If no bids are received, the legislative body may have the project done without further complying with this chapter.

The rejection of bids will delay construction until 2025. Staff plans to readvertise the Project within the next two months, with the intent to award a construction contract for the 2025 season (May-October) before the end of the calendar year. While the delay is unfortunate, it allows staff to focus on strategies to increase bidding competition and provide project scheduling incentives.

The City has already informed the affected properties regarding the bid results and re-advertisement of the project.

Financial Implications:

Rejecting this bid and readvertising in late summer/fall will allow for a greater bidding pool of Contractors, which will likely result in bids much closer to the engineer’s estimate and the City’s available budget for this project.

The Construction Account has $1,211,815 available from the US Forest Service Grant. $300,000 was added from the Cannabis Revenues Grant Program during Mid-Year budget adjustments (Resolution 2024-030).

ARPA funding was added to the Project and swapped with Cannabis Revenues Grant Program funding for a net increase of $277,998 (Resolution 2024-064). The total available budget for construction is $1,789,813. 572
Council Agenda Report August 13, 2024 Page 3 of 3
In addition, the staff is planning to apply for an additional $400,000 from existing TRPA mitigation funds to supplement the project budget, bringing the total budget to $2,189,813.

Environmental Considerations:

After completing all public noticing and review period required by relevant state laws, the Planning Commission adopted the CEQA Initial Study/Mitigated Negative Declaration for the Project on November 19, 2020 (SCH # 202090564). On May 16, 2024, the Planning Commission adopted an addendum to the CEQA Initial Study/Mitigated Negative Declaration for the Project.

Policy Implications:

The Project is consistent with City Council Strategic Policies and Goals, specifically:
 Action Item 5.3 (Infrastructure and Maintenance) by developing sustainable infrastructure projects, based on the prioritized capital improvement project list.  Action Item 5.5 (Fiscal Sustainability, Resiliency & Transparency) by utilizing grant funding to implement this important drainage project.
573
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 13, 2024
Agenda Item #:15
Agenda Item: Acceptance of $25,000 Grant from California Governor's Office of Emergency Services for Tahoe Community Emergency Response Team
Executive Summary: The California Governorâ€™s Office of Emergency Services (Cal OES) has approved a Grant Subaward application in the amount of $25,000 to support the estimated costs associated with the implementation of the recently formed Tahoe Community Emergency Response Team (CERT). These operating costs will provide CERT with the supplies and equipment necessary to develop the Tahoe CERT program and establish a baseline capacity to enhance and expand the program for effective community preparedness during disasters and emergencies.

Requested Action / Suggested Motions: Pass a Resolution amending the Fiscal Year 23/24 budget and accepting the Cal OES Grant Subaward in the amount of $25,000 appropriated into the Emergency Preparedness account with the performance period of June 1, 2024, through December 31, 2025.

Responsible Staff Member: John Stark, Director of Parks & Recreation Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Cal OES Listos CERT Grant Acceptance.docx 02-Resolution - Cal OES Grant Acceptance.docx
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Council Agenda Report- August 13, 2024 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: August 13, 2024
Title: Cal OES Listos California CERT Support Grant Program Acceptance and Appropriate Grant Funding
Location: Citywide
Responsible Staff Member: John Stark, Director of Parks & Recreation Background: The California Governor’s Office of Emergency Services (Cal OES) has approved a Grant Subaward application in the amount of $25,000 to support the estimated costs associated with the implementation of the recently formed Tahoe Community Emergency Response Team (CERT) Team. These operating costs will provide CERT with the supplies and equipment necessary to develop the Tahoe CERT program and establish a baseline capacity to enhance and expand the program for effective community preparedness during disasters and emergencies.

Issue and Discussion:. The City of South Lake Tahoe, Parks and Recreation Department intends to enter into an Operational Agreement with the Tahoe CERT Team to mutually support the goal of educating and training residents, volunteers, and visitors in disaster preparedness for the hazards that may impact the Tahoe Community. The Cal OES Listos grant will provide $25,000 to fund equipment and supplies to CERT through the operational agreement, with a performance period of June 1, 2024 through December 31, 2025.

Financial Implications: Upon acceptance, the City will receive $25,000 in grant funding reimbursement for CERT to purchase the supplies and equipment necessary to develop the Tahoe CERT program. With City Council approval, these funds should be appropriated into the FY 23/24 budget as follows: Account# 100-01952 Emergency Preparedness Revenue# 33209 Office of Emergency Services (CalOES) $25,000 Expense# 42025 Contract Services (CERT) $25,000
Environmental Considerations: The proposed action accepting grant funds is not a “project” under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) because it is a continuing administrative or maintenance activity such as purchases for supplies and personnel-related actions.

Policy Implications: The acceptance of the Grant Subaward to support the operating costs of the Tahoe CERT program meets Strategic Priority 5.1 Public Safety, Goal 1: Improve City government capacity, customer service and efficiency through continuous improvement initiatives. 575
Resolution 2024-XXX August 13, 2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
August 13, 2024
Authorizing Acceptance of $25,000 Grant from the California Governor’s Office of Emergency Services (Cal OES) for the Tahoe Community Emergency Response Team

BACKGROUND
A. In Winter 2023, Tahoe Community Emergency Response Team (Tahoe CERT) and the City of South Lake Tahoe (City) came together to work towards a goal of supporting Tahoe CERT to educate and train volunteers regarding disaster preparedness that may impact the community.

B. In Spring 2024, the City applied for the California Governor’s Office of Emergency Services (Cal OES) Grant Subaward in the amount of $25,000 to support the estimated costs associated with the implementation of the recently formed Tahoe CERT Team. On May 22, 2024, the City was notified Cal OES selected the City’s grant proposal. The Grant Subaward will provide the supplies and equipment necessary to develop the Tahoe CERT program and establish a baseline capacity to enhance and expand the program for effective community preparedness during disasters and emergencies.

C. The City of South Lake Tahoe, Parks and Recreation Department intends to enter into an Operational Agreement with the Tahoe CERT Team to mutually support the goal of educating and training residents, volunteers, and visitors in disaster preparedness for the hazards that may impact the Tahoe Community. Funds will not be expensed by Tahoe CERT until the Operational Agreement is executed.

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

1. Amends the FY 23/24 budget and authorizes acceptance of the Cal OES Grant Subaward in the amount of $25,000 appropriated into Account # 100-01952 Emergency Preparedness, revenue line item 33209 Office of Emergency Services and expense 42025 Contract Services, to support the Tahoe CERT, with the performance period of June 1, 2024, through December 31, 2025.

Adopted by the City of South Lake Tahoe City Council on August 13, 2024, by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
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Resolution 2024-XXX August 13, 2024 Page 2 of 2
Cody Bass, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
577
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 13, 2024
Agenda Item #:16
Agenda Item: El Dorado Boat Ramp Lease Agreement with California State Lands Commission Executive Summary: In January 1977, the California State Lands Commission authorized a 48-year Public Agency Permit to the City of South Lake Tahoe to construct and maintain a two-lane boat launch ramp and reconstruct and maintain an existing pier and floating dock. The permit expired on June 30, 2023. In 2023, the City applied for a General Lease - Public Agency Use (Lease Agreement) for an existing public boat dock previously authorized and a seasonal swim line that was not previously authorized with the Commission for a 20-year term. On June 7, 2024, State Lands Commission staff included a report recommending issuance of the lease as agenda item #7 on the Consent Calendar.

Commissioners approved the item as presented by a vote of 3 â€“ 0.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute the Lease Agreement with the California State Lands Commission for the El Dorado Boat Ramp.

Responsible Staff Member: John Stark, Director of Parks & Recreation Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - El Dorado Boat Ramp Lease Agreement.docx 02-Lease with State of California Lands Commission
03-State Lands Commission Staff Report.pdf
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Council Agenda Report- August 13, 2024 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: August 13, 2024
Title: El Dorado Boat Ramp Lease Agreement
Location: El Dorado Boat Ramp
Responsible Staff Member: John Stark, Director of Parks & Recreation Background: In January 1977, the California State Lands Commission authorized a 48-year Public Agency Permit to the City of South Lake Tahoe to construct and maintain a two-lane boat launch ramp and reconstruct and maintain an existing pier and floating dock. The permit expired on June 30, 2023.

In 2023, the City applied for a General Lease - Public Agency Use (Lease Agreement) for an existing public boat dock previously authorized and a seasonal swim line that was not previously authorized with the Commission for a 20-year term.

On June 7, 2024, State Lands Commission staff included a report recommending issuance of the lease as agenda item #7 on the Consent Calendar. Commissioners approved the item as presented by a vote of 3 – 0.

Issue and Discussion:. It is requested City Council pass a motion authorizing and directing the Mayor to execute the Lease Agreement.

Financial Implications: The City has the authority to continue operations of El Dorado Boat Ramp for a 20-year lease term; consideration being the public use and benefit, with the State reserving the right at any time to set a monetary rent if the Commission finds such action to be in the State’s best interest.

Environmental Considerations:Approval of the lease is categorically exempt from review under California Environmental Quality Act (CEQA) Guidelines section 15301 (existing facilities).

Policy Implications: The execution of the Lease Agreement meets Strategic Priority 2 Recreation & Equitable Access, Goal 1: Elevate the recreation experience provided by the City to attract visitors and residents.
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1 Meeting Date: 06/07/24
Lease Number: 5222
Staff: L. Anderson
Staff Report 07
APPLICANT:

City of South Lake Tahoe
PROPOSED ACTION:

Issuance of a General Lease – Public Agency Use.

AREA, LAND TYPE, AND LOCATION:

Sovereign land in Lake Tahoe, adjacent to Assessor’s Parcel Number 026-050-006, South Lake Tahoe, El Dorado County (as shown in Figure 1).

Figure 1. Location
612
Staff Report 07 (continued)
2 AUTHORIZED USE:

Use of an existing public boat dock previously authorized by the Commission and an existing seasonal swim line not previously authorized by the Commission (as shown in Figure 2).

Figure 2. Site Map
NOTE: This depiction of the lease premises is based on unverified information provided by the Applicant or other parties and is not a waiver or limitation of any State interest in the subject or any other property.

TERM:
20 years, beginning June 7, 2024.

CONSIDERATION:

The public use and benefit, with the State reserving the right at any time to set a monetary rent if the Commission finds such action to be in the State’s best interest. 613
Staff Report 07 (continued)
3 SPECIFIC LEASE PROVISIONS:
• Liability insurance in an amount no less than $1,000,000 per occurrence.

STAFF ANALYSIS AND RECOMMENDATION:

AUTHORITY:

Public Resources Code sections 6005, 6216, 6301, 6501.1, 6503, 6503.5, and 6505.5; California Code of Regulations, title 2, sections 2000 and 2003.

PUBLIC TRUST AND STATE’S BEST INTERESTS:

On January 1977, the Commission authorized the issuance of a 48-year Public Agency Permit to the City of South Lake Tahoe to construct and maintain a twolane boat launching ramp and reconstruct and maintain an existing pier and floating dock (Item 05, January 1977). The permit expired June 30, 2023. In the time since the prior permit was issued, the facilities on state land have changed. The two-lane boat launching ramp does not extend below the low water mark onto state land, the pier no longer exists, and there is now a seasonal swim line that has existed for several years.

The public boat dock and swim line facilitate water-oriented recreation consistent with the Public Trust Doctrine. The facilities allow access for tourists and local residents to participate in water recreation such as fishing, boating, and swimming by increasing public access to sovereign lands. The boat dock allows for mooring boats and fishing, while the swim line serves to keep swimmers and boats in different areas of the beach, reducing boating accidents involving swimmers. The swim line is installed in the spring, usually in May and removed at the end of the season, usually after Labor Day in September or October.

The Applicant is applying for a General Lease – Public Agency Use for an existing public boat dock previously authorized and a seasonal swim line that was not previously authorized.

The proposed lease does not alienate the State’s fee simple interest or permanently impair public rights. The lease is limited to a 20-year term, does not grant the lessee exclusive rights to the lease premises, and reserves an easement to the public for Public Trust-consistent uses. Upon termination of the proposed lease, the lessee may be required to remove all improvements from State land and restore the lease premises to their original condition.
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Staff Report 07 (continued)
4 The proposed lease requires the lessee to insure the lease premises and indemnify the State for any liability incurred as a result of the lessee’s activities thereon.

CLIMATE CHANGE:

Climate change significantly affects inland non-tidal lakes such as Lake Tahoe. The frequency and severity of natural disasters like flooding, wildfire, drought, extreme heat, and storms are increasing throughout the state of California, including the Sierra Nevada mountains, and will continue to accelerate through the end of the century. Structures along the shores of inland lakes are particularly vulnerable to the more frequent and extreme weather events and shifts in seasonal characteristics.

According to California’s Fourth Climate Change Assessment, released in 2018, the most significant impacts of climate change in the Sierra Nevada Region are more intense heat, precipitation extremes, declining snowpacks, and changes in streamflow timing. The long-term warming trend will lead to warmer and shorter winters, and longer and drier summers. Successive dry and warm winters are resulting in minimal snowpack, increased winter streamflows and floods, and decreased spring and summer runoff. Prolonged low lake levels will become normal. Low lake level conditions can create more expansive beaches and increased shoreline access in dry months. However, these conditions interfere with boat launching and mooring facilities. This impact is most noticeable where the facilities are sited on shallow, low gradient lake bottom locations.

Dry winters will be punctuated with exceedingly wet years where prolonged and excessive precipitation can produce flash floods. High precipitation in these years will result in higher lake levels, causing beaches to narrow and reducing public access. Extra saturation of the soil can increase erosion, especially following intense wildfire seasons. Surface runoff water may carry more sediment into the lake, adversely impacting water quality and clarity.

Climate change may also lead to more intense and unpredictable storm events and winds. These storms may deviate from prevailing wind patterns for the region.

These winds can accelerate shoreline erosion in some areas or cause erosion in areas not typically subject to erosion. Additionally, these winds can increase wave damage on structures and boats along the lake.

Improvements authorized under this lease may require more frequent inspection and maintenance to ensure they are not displaced during storm events. Watercraft 615
Staff Report 07 (continued)
5 moored to buoys, piers, or docks are also vulnerable to high wind events and damaging waves.

CONCLUSION:

For all the reasons above, staff believes the issuance of this lease will not substantially impair the public rights to navigation and fishing or substantially interfere with Public Trust needs and values at this location, at this time, and for the term of the proposed lease; is consistent with the common law Public Trust Doctrine; and is in the best interests of the State.

OTHER PERTINENT INFORMATION:

1. Approval or denial of an application is a discretionary action by the Commission. Each time the Commission approves or rejects a use of sovereign land, it exercises legislatively delegated authority and responsibility as trustee of the State’s Public Trust lands. If the Commission denies the application, the Applicant may be required to remove the improvements and restore the premises to their original condition. The lessee has no right to a new lease or to renewal of any previous lease.

2. This action is consistent with the “Leading Climate Activism” and “Meeting Evolving Public Trust Needs” Strategic Focus Areas of the Commission’s 2021- 2025 Strategic Plan.

3. Staff recommends that the Commission find that this activity is exempt from the requirements of the California Environmental Quality Act (CEQA) as a categorically exempt project. The project is exempt under Class 1, Existing Facilities; California Code of Regulations, title 2, section 2905, subdivision (a)(2).

Authority: Public Resources Code section 21084 and California Code of Regulations, title 14, section 15300 and California Code of Regulations, title 2, section 2905.
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Staff Report 07 (continued)
6 RECOMMENDED ACTION:

It is recommended that the Commission:

CEQA FINDING:

Find that the activity is exempt from the requirements of CEQA pursuant to California Code of Regulations, title 14, section 15061 as a categorically exempt project, Class 1, Existing Facilities; California Code of Regulations, title 2, section 2905, subdivision (a)(2).

PUBLIC TRUST AND STATE’S BEST INTERESTS:

Find that the proposed lease will not substantially impair the public rights to navigation and fishing or substantially interfere with the Public Trust needs and values at this location, at this time, and for the term of the lease; is consistent with the common law Public Trust Doctrine; and is in the best interests of the State.

AUTHORIZATION:

Authorize issuance of a General Lease – Public Agency Use to the Applicant beginning June 7, 2024, for a term of 20 years, for the use of an existing public boat dock previously authorized by the Commission and an existing seasonal swim line not previously authorized by the Commission; consideration being the public use and benefit, with the State reserving the right at any time to set a monetary rent if the Commission finds such action to be in the State’s best interest; and liability insurance in an amount no less than $1,000,000 per occurrence. 617
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 13, 2024
Agenda Item #:17
Agenda Item: Update to the Master Fee Schedule for Bellamy/Transit Way Parking Fees Executive Summary: This resolution would update the Master Schedule of Fees and Services, specifically Category-Police, subcategory-Parking Bellamy/Transit Way to a rate of $2 per 20 minutes.

This rate has not been increased since implementation of paid parking in 2011. Resolution 2011-31 set the metered parking rate to a maximum of $3.75 per hour. The rate on Transit and Bellamy has been stagnant since. This amendment to the Master Fee Schedule supports Strategic Priority One (Built Environment), 1.4 Transportation, Action Item One (Evaluate options to develop local revenue source; i.e., paid parking, enhanced enforcement to support transportation projects), and Action Item Two (Evaluation of city-wide parking management strategies, including potential expansion of paid parking).

Requested Action / Suggested Motions: Pass a Resolution amending the Master Schedule of Fees, Category-Police, subcategory-Parking Bellamy/Transit Way from a rate of $1 per 20 minutes (2 hour maximum) to a rate of $2 per 20 minutes (2 hours maximum).

Responsible Staff Member: Jeff Roberson, Police Lieutenant Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01- Staff Report - Update to Master Fee Schedule Bellamy Parking.docx 02-Resolution Master Fee Update Bellamy Parking Fee.docx 618
Council Agenda Report August 13, 2024 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 13, 2024
Title: Update to the Master Schedule of Fees and Services for Bellamy/Transit Way Parking Fees
Location: Bellamy/Transit Way Parking Structure
Responsible Staff Member: Jeff Roberson, Police Lieutenant Background: User fees in California are required to conform to the California Constitution including Proposition 26 and statutory requirements including Government Code Sections 66014 through 66018.5. User fees imposed to provide specific services, to cover reasonable regulatory costs to issue licenses and permits, for entrance to or use of city property, and fines for violating the City Code are generally excluded from the definition of "tax" under Proposition 26. Section 1 (e) of article XIIIC of the California Constitution describes these exceptions.

The City of South Lake Tahoe has conducted an analysis of the costs of its services, and wishes to recover the costs of providing them, such that general revenues are not diverted to subsidize services.

The paid parking areas on Bellamy and Transit Way were established as a means to offer convenient paid parking for the Marriott Complex and The Shops at Heavenly Village customers (April 19, 2011 STRA staff report). Further, current established parking rates and time limits for paid on-street parking on Bellamy and Transit Way were meant to encourage transient parking with high occupancy turnover rather than all day, on or off season, parking.

The price for paid parking on Bellamy and Transit Way has not increased since established nearly 15 years ago. While Resolution 2011-31 allowed for pricing up to $3.75/ hour, the paid parking price of $1 per 20 minutes has been in place since then.

Issue and Discussion: This item before the City Council is authorization to amend the Master Schedule of Fees under the Police Department category, in the subcategory of Parking Bellamy/Transit Way to a rate of $2/20 minutes, 2 hours maximum.

The existing rate is $1/20 minutes, 2 hours maximum.

Financial Implications: This fee increase will have no impact on the General Fund. 2022-2023 paid parking fees for Bellamy and Transit Way were $125,846. 2023-2024 year to date (as of 07- 18-24) paid parking fees are $82,253.

This increase to the parking consumer is minimal. There is no expected impact on space occupancy or occupancy duration based on this fee increase. 619
Council Agenda Report August 13, 2024 Page 2 of 2
Environmental Considerations: This program will have no impact on the environment.

Policy Implications: This fee supports Strategic Priority One, 1.4 Transportation, Action Item 1: Evaluate the option to develop a local revenue source (i.e., paid parking, enhanced enforcement) to support transportation projects.

Action Item 2: Evaluation of city-wide parking management strategies, including potential expansion of paid parking.
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Resolution 2024-XXX August 13,2024 Page 1 of 2
Resolution 2024-XXX
Adopted by the City of South Lake Tahoe
City Council
August 13, 2024
Update to the Master Schedule of Fees and Services for Bellamy/Transit Way Parking Fees

BACKGROUND
A. User fees in California are required to conform to the California Constitution including Proposition 26 and statutory requirements including Government Code Sections 66014 through 66018.5. User fees imposed to provide specific services, to cover reasonable regulatory costs to issue licenses and permits, for entrance to or use of city property, and fines for violating the City Code are generally excluded from the definition of "tax" under Proposition 26. Section 1 (e) of article XIIIC of the California Constitution describes these exceptions.

B. The City of South Lake Tahoe has conducted an analysis of the costs of its services and wishes to recover the costs of providing them, such that general revenues are not diverted to subsidize services.

C. The paid parking areas on Bellamy and Transit Way were established as a means to offer convenient paid parking for Heavenly Village customers.

D. The price for paid parking on Bellamy and Transit Way has not increased since it was established over 10 years ago.

E. These established parking rates on Bellamy and Transit Way were meant to encourage transient parking for the purpose of shopping in the Marriot Complex with high turnover rather than all day parking.

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

1. Amends the fee amount under Police Department, in the category of Parking Bellamy/ Transit Way to a rate of $2/20 minutes, 2hr maximum.
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Resolution 2024-XXX August 13,2024 Page 2 of 2
Adopted by the City of South Lake Tahoe City Council on August 13, 2024 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Cody Bass, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
622
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 13, 2024
Agenda Item #:18
Agenda Item: Amendment No. 3 to Agreement with Walker Consultants for the Bellamy Parking Garage Upgrade Project
Executive Summary: Staff is recommending a Contract Amendment with Walker Consultants to provide additional services related to the City Parking Garage, located at One Bellamy Court. The design and construction of Phase 1 of the project was completed in October/November 2023, which included structural upgrades and changes to the circulation pattern. The project's current phase will include the installation of EV Charging stations, a new Revenue and Access Control System, and an Advanced Parking Guidance system. The City has procured EV Charging Stations, Parking Access and Revenue Control systems, and Automated Parking Guidance System equipment. The City issued a Request for Bids for the installation of this equipment. However, the city did not receive any bids, and the installation will be re-bid for installation by Spring of 2025. This additional time extension, plus other services requested from Walker, will result in additional effort by the consultant.

Requested Action / Suggested Motions: Acting as the South Tahoe Joint Powers Parking Financing Authority, Pass a Resolution authorizing and directing the Chair to execute Amendment No. 3 to the Agreement with Walker Consultants to add $32,020 for a not-to-exceed contract amount of $278,886, and appropriating $32,020 from the Parking Garage Fund Balance for the Bellamy Garage Upgrade Project.

Responsible Staff Member: Anush Nejad, Director of Public Works and Jeff Roberson, Operations Lieutenant
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney
Attachments:
01-Staff Report - Amendment No. 3 to Walker Consultant.docx 02 - C-047-2022 Walker Consultants.pdf
03-Amendment No. 1 Walker Consultants
04 - Amendment No. 2 Walker Consultants.pdf
05-Resolution.docx
06-Amendment No. 3 Walker Consultants (Exh. A to Reso).pdf 623
South Tahoe Joint Powers Parking
Financing Authority
August 13, 2024 Page 1 of 2
City of South Lake Tahoe
Report to South Tahoe Joint
Powers Parking Financing
Authority
Meeting Date: August 13, 2024
Title: Amendment No. 3 to the Contract with Walker Consultants for the City Parking Garage Access and Revenue Control System and Modification Project Location: One Bellamy County, South Lake Tahoe
Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6031 and Jeff Roberson, Operations Lieutenant (530) 542-6521
Background: On April 5, 2022, the South Tahoe Joint Powers Parking Financing Authority (STJPPFA) entered into an agreement with Walker Consultants to evaluate the City Parking Garage and provide recommendations to upgrade the parking structure, circulation, Parking Revenue and Access Control System (PARCS), the addition of Electric Vehicle (EV) charging stations and Advance Parking Guidance System (APGS). On November 1, 2022, the STJPPFA Board approved Amendment No. 1 to the contract for a contract amount not to exceed $200,666, which was below the total authorization of $205,953. At the time, no additional budget was required for Amendment No. 1. On February 13, 2024, the STJPPFA Board approved Amendment No. 2, bringing the total contract value to $246,866.

Issue and Discussion: The first phase of the project, which included the structural rehabilitation and circulation modification, was completed in November 2023. The next phase of the project is for the procurement and installation of a new Parking Revenue and Access Control System (PRACS), Parking Guidance System (PGS), and EV charging stations (EVCS). Staff issued Requests for Proposals for EVCS and PARCS/APGS systems. Blink was selected as the bestqualified vendor for the EVCS system, and Ensight Technologies was selected as the most qualified PARCS/APGS system vendor.

On June 18, 2024, staff issued Requests for Bids to install the equipment. However, we did not receive any bids. Consequently, staff will re-advertise the installation of the equipment. It is expected that the installation will commence by Spring 2025.

Staff has requested Walker Consultants provide a proposal to extend their services through the Spring and Summer of 2025. In addition, staff has asked for additional services to design the electrical systems to accommodate the future expansion of the EVCS systems. Walker will support staff in submission reviews, Integration Services, and Testing and Acceptance of the overall system components. Walker Consultants have performed well, and their expertise is needed to complete the project satisfactorily.
624
South Tahoe Joint Powers Parking
Financing Authority
August 13, 2024 Page 2 of 2
Financial Implications: The current contract with Walker Consultants is $246,866. The staff has negotiated the additional services required to complete PARC, PGS, and EVCS. The additional budget required is $32,020, as described in the attached Addendum #3. With the additional budget, the contract will increase to $278,886. The additional funds for consultant support will be appropriated from the Parking Garage available fund balance.

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

Policy Implications: This project advances the City Council's Strategic Priorities and Goals, specifically:
 Action Item 1.5 (Carbon Neutrality) to implement various projects to reach the City’s 100% renewable energy and Climate Action Plan goals, including building robust EV charging infrastructure by 2025.
 Action Item 5.3 (Infrastructure and Maintenance) actively seeking funding to develop sustainable infrastructure projects based on the prioritized capital improvement project list. 625

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 5th day of April 2022 by and between the City of South Lake Tahoe, a municipal corporation (“ City”) and Walker Consultants (“ 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

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 2 years and 3 months.

C-047-2022 626

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 187,230 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’ s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, “ Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.

6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days ( 30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.

Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.

7. Ownership Of Documents.

All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees C-047-2022 627
and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.

Consultant shall, at Consultant’ s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.

8. Consultant’ s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’ s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’ s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be C-047-2022 628
maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’ s representatives, or Consultant’ s successor-in-interest.

Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’ s employees, and Consultant hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors or subcontractors hired or retained by Consultant are employees, agents, contractors or subcontractors of Consultant and not of the City.

City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’ s assigned personnel. Any third party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.

10. Interest of Consultant. Consultant, ( and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’ s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/ her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
C-047-2022 629
b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].

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.

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 C-047-2022 630
costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’ s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.

Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’ s negligent acts, errors, omissions, regarding this Agreement, the Consultant’ s work under this Agreement, or the consultant’ s Scope of Work.

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b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’ s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’ s under Consultant’ s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’ s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty ( 30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’ s insurance policies.

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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.

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: Walker Consultants
Justin Chang, Principal-in-Charge
601 California Street, Suite 820
San Francisco, CA 94108
415) 644-0630
JChang@walkerconsultants. com

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement C-047-2022 634
without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

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 C-047-2022 635
Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.

23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the DrugFree Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free work place by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’ s or organization’ s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’ s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’ s statement as a condition of employment on this Agreement.

Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant 1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or C-047-2022 636
subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.

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.

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

32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

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

CONSULTANT:

By ________________________________
Justin Chang, Principal-in-Charge
Business License # __________________
CITY OF SOUTH LAKE TAHOE:

By_________________________
Devin Middlebrook , Chair
APPROVED AS TO FORM:

By_ ___________________________
Heather Stroud , City Attorney
ATTEST:

By___________________________
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
012529
C-047-2022
Apr 11, 2022
Heather Stroud ( Apr 11, 2022 13:33 PDT)
Heather Stroud
Apr 11, 2022
Devin Middlebrook ( Apr 11, 2022 13:37 PDT) Justin Chang ( Apr 11, 2022 15: 03 PDT) Justin Chang
638

EXHIBIT A

SCOPE OF SERVICES
C-047-2022 639
Scope of Services for City Garage Parking Access and
Revenue Control System and Modification Project
Prepared for the City of South Lake Tahoe
WALKER CONSULTANTS 29

1. Kick Off Meeting
Exhibit A Scope of Services
Walker’ s approach to the project will begin with a kick off meeting between Walker’ s key staff members and City of South Lake Tahoe staff and stakeholders. The meeting agenda will cover a review of the parking structure work items, goals and objectives of the city and stakeholders, issues that need to be addressed and a detailed presentation of Walker’ s workplan and schedule of activities.

Walker will identify any additional information required from the city including any additional documentation for the parking structure, contacts needed for access to enclosed spaces or for traffic controls or other assistance during the work.

This meeting will be scheduled to occur within 2 weeks of our authorization to proceed. Walker will document the discussions and include a list of action items and commitments resulting from the meeting.

2. Monthly Coordination Meetings
Our workplan will include monthly coordination meetings between Walker key personnel and city staff and invited stakeholders. These meetings will cover project work activity progress and a review of planned work for the next month. Tentative findings and potential solutions from our investigations will be presented and discussed. Issues and constraints will be discussed and proposed corrective measures will be identified.

Project schedule and budgets will be reviewed and any deviation from our baseline plan discussed. Timely review and monitoring of the project plan will help maintain overall milestone targets.

These can be in person meetings located in South Lake Tahoe or conducted virtually via Go to Meeting, Microsoft Teams, Zoom or another networking application. Walker will prepare and maintain minutes of these meetings, actions items and commitments.

3. Parking Structure Condition Assessment
Walker will conduct a condition appraisal to assess the physical condition of the facility and to address all issues that have been previously identified or uncovered during the course of our work. Our condition appraisal will provide a health report” on the condition of the structure. The report will confirm suspected problems or document known problems and provide budgeting information to allow the city to finance the identified repairs. The report findings and recommendations will form the basis for construction document preparation for subsequent competitive bidding.

Our objective is to perform an overall condition of the parking structure and provide an opinion of the probable cost for the necessary repairs, based on the observed conditions as well as our experience with parking structure conditions and repair costs. We have already performed a preliminary walk through” to verify our understanding of the condition and the requirements of the RFP. Our approach to this portion of the project is based on that understanding and our familiarity with the facility. Our assessment will focus on the following:

Document the existing condition of the structure in representative areas.

Recommend conceptual repairs where required).

Provide an opinion of the probable cost for the recommended conceptual repairs.

C-047-2022 640
Scope of Services for City Garage Parking Access and
Revenue Control System and Modification Project
Prepared for the City of South Lake Tahoe
WALKER CONSULTANTS 30
Scope of Services, continued
Based on this project understanding, we propose the following scope of services:

Task A Initial Condition Appraisal
i. Review available drawings, specifications, and engineering/ testing reports to familiarize ourselves with the type of construction and waterproofing systems and any previous repairs or modifications performed on the parking structure.
ii. Conduct a field evaluation of the parking structure to document the current physical condition of structural and waterproofing elements. This will include visual observations and limited non destructive testing on various structural elements. Review nonstructural elements of the parking structure including but not limited to expansion joints, drainage and waterproofing systems, electrical systems, etc. iii. Compile and review all field data that will assist us in determining the probable causes and effects of the documented deterioration.
iv. Identify potential structural or safety related conditions, if any. The City will be notified immediately if any safety related conditions are identified.
v. Identify and prioritize other repairs for the structure. vi. Compile and analyze field evaluation data to generate repair recommendations and opinions of probable costs of construction.
vii. Prepare a draft written report with a summary of observations, including photographs depicting the areas noted in the report, findings, repair recommendations, and capital expense.

Depending on visual observation and initial findings during condition assessment, Walker may recommend additional invasive testing to determine the cause and extent of conditions observed. For this purpose, Walker may recommend exposing concrete steel reinforcement as well as obtaining material samples for strength characteristics and/ or chemical content at selected locations. Any destructive testing that is proposed shall be approved by the City of South Lake Tahoe.

Task B Construction Document Preparation
i. Prepare construction documents CDs) outlining priority repairs based on our condition assessment report which will consist of drawings and specifications with sufficient details to obtain competitive pricing from qualified repair contractors.

Walker will also provide contract administrative and site observation services during the construction and repair program to monitor the contractor’ s performance of the repair program and protect the client’ s interests.

4. Evaluation of Circulation Pattern and Ingress/Egress Walker will review the parking layouts and vehicular circulation within the garage to identify modifications that will reduce congestion and improve overall efficiency of the facility. Functional design options coupled with access and revenue control equipment will have the combined benefits of improved ingress/ egress and revenue enhancement.

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Scope of Services for City Garage Parking Access and
Revenue Control System and Modification Project
Prepared for the City of South Lake Tahoe
WALKER CONSULTANTS 31
Scope of Services, continued
The design of the parking areas needs to consider customer convenience, safety, wayfinding, and characteristics of the users. Parking geometrics need to allow vehicles to easily maneuver through the parking structure. Sightlines, visibility, and adequate illumination within parking structures need to be maintained for safety, and wayfinding.

Peak hour parking traffic volumes over the course of the day, week and year need to be studied to properly size entry and exit plazas and circulation routes within parking areas. Traffic circulation routes to and through all parking areas will be evaluated to mitigate congestion yet maximize the efficiency of parking.

Walker will employ best practices in developing circulation options that can be objectively evaluated to help identify potential solutions with measurable benefits. These options will be presented to the city and stakeholders for selecting a preferred option for further development and incorporation into construction documents.

5. Electric Vehicle Charging Stations
Options for electric vehicle charging station installation will be compiled and presented. Options will include prospective vendor choices and features, costs, and infrastructure upgrades necessary to accommodate the additional electrical service loads. Options will be presented in a way that facilitates decisions for incorporating into the construction document package.

Upon concurrence from the City, Walker will prepare construction documents for the EVCS installation including parking layouts, required signage, and electrical engineering necessary to obtain a building permit. Walker will prepare 60% and 100% construction documents, including plans, specifications, and our engineer’ s opinion of probable cost for review by the city.

Walker will also present a matrix of options that could serve as potential state and federal grant opportunities to provide all or partial project funding. This includes a detailed review of each grant program, the likelihood of success, and an application response plan. Walker can provide grant writing services to lead the response to the grant solicitations as an additional service and has been successful in writing grant applications and receiving funding for California agencies from state and federal sources, including electrification infrastructure and has expertise in the landscape of grants available for potential funding.

6. Parking Access and Revenue Control System
Data Collection and Report Preparation
Walker will meet with the City to discuss and collect documentation regarding the current PARCS system and the requirements for a new PARCS system, including an occupancy counting system with a remote count sign and a traffic control sign.

This meeting will include an on site assessment and further data gathering of the garage operations and the associated PARCS equipment. This visit will require the availability of City and/ or parking operator personnel to interview in person to collect information.

Walker will collect additional information from the City or the current PARCS vendor if necessary.

Walker will analyze all information collected in the Data Collection process, applying our knowledge of current best practices for PARCS systems that are appropriate for the City’s garage. This task will also include reaching out C-047-2022 642
Scope of Services for City Garage Parking Access and
Revenue Control System and Modification Project
Prepared for the City of South Lake Tahoe
WALKER CONSULTANTS 32
Scope of Services, continued
to potentially qualified new PARCS vendors to understand and evaluate their options.

Walker will prepare a Draft Report on the existing system as well as options for state of the art new systems, including gateless systems and mobile payment Apps. The Draft Report will review at least three major systems, based on best practices, including hardware and software components, as well as the revenue collection and administration system. The Report will also evaluate future trends in Parking Management, Revenue Control systems, Payment Systems, and Equipment technologies to provide an assessment of best practices and how they could apply for the City’s new system. After review and comment by the City, Walker will prepare a Final Report version. The Reports will follow the outline prescribed in the RFP.

Contract Specification and Procurement Document
Following approval of Walker’ s recommendations, Walker will prepare a Contract Specification and Procurement Document for a Best Value Procurement option for system procurement, installation, integration, testing, and acceptance of the new PARCS system including the occupancy counting system with a remote count sign and a traffic control sign. The Procurement Document will be written to comply with Construction Standards Institute CSI) outlines and format. It will include at minimum Functional Requirements, Performance Requirements, Integration Requirements, Testing, Validation and Acceptance Requirements, and other details for successful bidding and procurement of a new PARCS system.

A draft version of the Contract Specification and Procurement Document will be provided for City review, and a final version will be produced based on the City’s feedback.

7. Program Management and Project Delivery
Our project manager will be the primary contact with the city. The PM’ s responsibilities will include regular communication with city staff to ensure the consultant team is aware of decisions and direction on the project.

The PM is responsible for coordinating the work on all tasks, providing necessary resources to accomplish the work, maintaining the budget and schedule, and compiling and assembling documentation including contracts, meeting notes, the construction document package, permitting and bidding materials and construction administration records.

We anticipate that the project delivery method for the construction phase will be design bid build using a conventional public bidding process to select the general contractor. Walker will assist the city with the solicitation and review of bids and including the pre bid meeting, addenda and bid evaluation. During the construction phase, Walker will administer the construction contract, review contractor and supplier submittals, requests for information, change orders and testing agency reports.

Walker will make periodic visits to the project site to observe overall progress and quality of the work to support our review of the contractors’ applications for payment. Upon completion of the construction, Walker will conduct a punchlist review of the work to verify completion and conformance with the contract documents.

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EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Estimated fees (not to exceed) $ 187,230
TOTAL ( not to exceed) $ 187,230

TIMELINE
C-047-2022 644
Proposal for City Garage Parking Access and
Revenue Control System and Modification Project
Prepared for the City of South Lake Tahoe
WALKER CONSULTANTS | 35
Tasks Principal
Sr.

Consultant
or Sr. PM
Consultant
or PM
Engineer/
Architect
Designer/
Technician Analyst Subtotal COMMENTS/ ASSUMPTIONS
Hourly Rates $ 265 $ 255 $ 220 $ 190 $ 165 $ 180

1. Kick- Off Meeting $ 6,960 4 8 4 10 0 6 $ 6,960

1.1 Team Kick- Off 2 2 2 $ 1,330

1.2 Meeting Preparation 2 2 2 4 $ 2,070

1.3 Travel Time to/from SLT ( 8 hours round trip, 1 trip) 8 8 $ 3,560

2. Monthly Coordination Meetings $ 15, 740 8 36 0 12 0 12 $ 15,740

2.1 Meetings 4 4 4 4 $ 3,560

2.2 Meeting Preparation 4 8 8 8 $ 6,060

2.3 Travel Time to/from SLT ( 8 hours round trip, 3 of these meetings on- site with remainder by web conference) 24 $ 6,120

3. Parking Condition Assessment Report $ 29, 765 0 23 0 98 32 0 $ 29,765

3.1 Review Existing Plans/ Documentation 1 2 $ 635

3.2 Site visit including detailed quantification of conditions 8 16 $ 5,080

3.3 Prepare Condition Assessment Report 4 24 $ 5,580

3.4 Prepare Repair Drawings - CD 4 24 32 $ 10,860

3.5 Prepare Repair Specification Manual - CD 4 20 $ 4,820

3.6 Attend Pre- bid Meeting - CD 8 $ 1,520

3.7 Review Contractors Biddings - CD 2 4 $ 1,270
0 4. Evaluation of Circulation Pattern and Ingress/ Egress $ 13, 210 6 0 12 16 36 0 $ 13,210

4.1 Review Existing Information 2 2 2 $ 1,350

4.2 Site Visit and Data Collection 4 4 $ 1,420

4.3 Analyze Data 2 2 2 $ 1,350

4.4 Prepare Permitting Documents 2 8 8 32 $ 9,090

5. Not listed in RFP

6. Electric Vehicle Charging Stations $ 40, 160 8 0 56 52 96 0 $ 40,160

6.1 Review Existing Information 2 4 4 $ 2,170

6.2 Prepare EV Recommendations 2 16 16 16 $ 9,730

6.3 Coordination Meetings with the City 2 4 8 $ 2,930

6.4 Analyze EV Grant Funding Options
16 $ 3,520
Leading the grant response is an additional service not included here, estiamted between $ 12K and $ 20K per
grant depending on the grant source.

6.5 Prepare EV Permitting Documentation 2 16 24 80 $ 21,810

7. Parking Access and Revenue Control $ 34, 530 0 116 0 0 30 0 $ 34,530

7.1 Discovery process of current system and new system
requirements. Includes 1 on- site visit. 16 $ 4,080

7.2 Analyze collected discovery information and contact potential vendors as needed. 20 $ 5,100

7.3 Prepare Draft and Final Report on PARCS system,
including basic concept drawings. 40 8 $ 11,520

7.4 Prepare PARCS Contract Specification and Procurement Documents, including DD Drawings. 32 20 $ 11,460

7.5 Review/ revision work on above, based on City feedback. 8 2 $ 2,370

8. Program Management and Project Delivery $ 30, 365 8 75 0 48 0 0 $ 30,365

8.1 Project Management 4 35 16 0 $ 13,025

8.2 Construction Administration 4 24 24 $ 11,740

8.3 Round trip travel time for Construction Admin site visits ( 8 hours/ trip, 2 trips by PM and 1 by Engineer) 16 8 $ 5,600 TOTAL BUDGET $ 170, 730 34 258 72 236 194 18 $ 170, 730 Estimated Reimbursable Expenses - Billed at Below Cost + 15%$ 7,475 $ 6,500 Travel, Lodging & Meals - 10 site trips included $ 5,000 $ 5,000 Laboratory material testing $ 1,500 $ 1,500
178, 205 $ 258 $ 236 $ 194 $ 18 $ 177, 230
Total
Proposed
Budget
Walker Consultants
Leading the grant response is an additional, optional service not included in the pricing at left, to be provided upon request from the City on an hourly basis not to exceed $ 10,000 in total.

5. 6.

7. 7
7 7
6 6
6 6
6 5
5 5
5 5
C-047-2022 645
Proposal for City Garage Parking Access and
Revenue Control System and Modification Project
Prepared for the City of South Lake Tahoe
ID Task Name
1 Notice to Proceed
2 Project Management
3 Preparation & Administration
4 Assemble Team
5 Contracts & Insurance Certs
6 Baseline Workplan & Budget
7 Coordination Mtgs. w/ City
8 Kick- Off Meeting
9 Project Status Mtgs w/ City
20 Condition Assessment
21 Compile & Review Background Material
22 Develop Repair Recommendations
23 Facility Survey & Mat' l Testing
24 Develop Repair Item List
25 Material Lab Testing
26 Repair Strategies & Logistics
27 Estimate Probable Costs
28 Prepare Preliminary Repair Recommendations
29 Review Recommendations w/ City
30 Vehicle Circulation Studies
31 Review Issues & Goals
32 Prepare Circulation Options
33 Perform Queuing and Congestion Studies
34 Prepare Option Summaries
35 Review Options w/ City
36 Parking Access & Revenue Controls
37 Review Existing System & Issues
38 Prepare Options for New System
39 Evaluate Pros/ Cons & Costs
40 Prepare Summary Recommendation
41 Obtain City Concurrence w/ Recommenations
42 Electric Vehicle Charging Systems
43 Review Existing Electric Infrastructure
44 Perform EV Load Calcs.
45 Identify Req' d Infrastructure Upgrades
46 Prepare Recommended System Configuration
47 Prepare Funding Grant Recommendations
48 Review EV Recommendations w/ City
49 City Review & Approval
50 Staff & City Council Reviews
51 Final Recommendations Approval
52 Construction Document Preparation
53 Structure Restoration Documents
54 Parking Access & Revenue Control Equipment
55 Circulation and Parking Layouts
56 Electric Vehicle Chargins Systems
57 Architectural Work, Materials & Finishes
58 Plan Check & Bidding
59 Plan Review and Permitting
60 Const. Contractor Bidding
61 Construction Phase
62 OAC Jobsite Meetings
70 Project Complete
4/15
9/22
11/ 1
Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2022 2023
Task
Split
Progress
Milestone
Summary
Project Summary
External Tasks
External Milestone
Deadline
Walker Consultants WORKPLAN AND SCHEDULE

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South Lake Tahoe City CouncilAugust 13, 2024

South Lake Tahoe City Council
August 13, 2024