South Lake Tahoe City Council
April 22, 2025

City Council
Tamara Wallace, Mayor
Cody Bass, Mayor Pro Tem
Scott Robbins, Councilmember
David Jinkens, Councilmember
Keith Roberts, Councilmember
Mission of the City Council
The City was established to provide essential,
outstanding and cost-effective services that
enhance environmental sustainability, economic
vitality and the quality of life for our residents,
businesses and guests.

City of South Lake Tahoe
City Council
Meeting Agenda
Tuesday, April 22, 2025 at 5:30 pm
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, YouTube at https://www.youtube.com/channel/UC3LYne8Ih-kTPLnnuyJW9SQ/live and via ZOOM at this link https://us02web.zoom.us/j/84299116531
A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City’s Website at www.cityofslt.us, or by contacting the City Clerk's Office, (530) 542-6005 or [email protected] Providing Public Comment:

In Person: Every agenda for regular meetings provides an opportunity for members of the public to directly address the legislative body (City Council), on any item of public interest which is within the jurisdiction of the City Council during Public Communications. For items on the agenda or in connection with any item which the City Council will consider, the public is given the opportunity to comment before or during the City Council's consideration of the item [Government Code Section 54954.3(a)].

Remote Participation: If you are joining the meeting via ZOOM and would like to make a comment, press the "raise a hand" button. If you are joining the meeting via Channel 21 or live stream and would like to make a comment, please call (530) 542-6500. The Webinar ID is 842 9911 6531. Press *9 to indicate a desire to make a comment. Press *6 to unmute your phone. The Clerk will call you by the last three digits of your phone number when it is your turn to speak. Note: The Mayor reserves the right to conduct the meeting with in-person public participation only, if there is a technology malfunction that precludes the use of remote public participation.

In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City Council prior to the meeting. Written public comment regarding any item on this agenda may be sent to [email protected]. When emailing comments, identify the agenda item number in the subject 1 1. Proclamation Recognizing April 2025 as "Neurodiversity and Autism Celebration Month" line to which your comments relate. Any such comment that is a public record and is emailed to [email protected] or otherwise provided to a majority of the City Council before the meeting will be made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.

The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting.

Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].

Spanish Interpretations: The public may access Spanish interpretation using the ZOOM link listed on the front of the Agenda from an internet device (smartphone, laptop, tablet, home computer) with audio capabilities and selecting the Spanish language option. Persons without an internet device may attend the meeting in-person and a device will be provided while supplies last. Requests for interpreter services to offer public comment may be made by contacting the City Clerk.

Land Acknowledgement
Land Acknowledgement - The City of South Lake Tahoe acknowledges the lands we occupy today are the lands and home of the Wašíšiw, the people from here known today as the Washoe Tribe of Nevada and California, a sovereign nation. Since the beginning of time and for thousands of years before the arrival of any other people, the Washoe lived here and cared for this place, with values and intention that we can all learn from. On behalf of the City Council, I would like to acknowledge, thank, and honor the Indigenous Washoe Tribal Communities that are the past, present, and future stewards of the Lake Tahoe Basin.

Call to Order/Pledge of Allegiance
Roll Call
Closed Session Report
Proclamations
Requested Action / Suggested Motions: Issue a Proclamation to Access Tahoe recognizing April 2025 as "Neurodiversity and Autism Celebration Month".

Responsible Staff Member(s): Susan Blankenship, City Clerk Item 1- Executive Summary.pdf
Proclamation Recognizing April 2025 as Neurodiversity and Autism Celebration Month.pdf Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or questions posed. (Government Code Sections 54954.2)
City Commission Reports
Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda.

Comments shall be limited to three (3) minutes per item and six (6) minutes total per speaker.

The consent agenda consists of items of a repeating or routine nature considered under a single action.

Any Councilmember may have an item on the consent agenda removed and considered separately upon request.
2 2. City Council Strategic Planning Retreat, Regular Joint City Council and Planning Commission Ethics Training, Regular City Council and South Tahoe Joint Powers Parking Financing Authority, and Special City Council Meeting Minutes

3. Reimbursable Agreement with the Federal Aviation Administration for Flight Inspection on Runway 18 4. Amendment No. 2 to Airport Food and Beverage Lease and Concession Agreement with Flight Deck Grill & Golf Club, LLC

5. Agreement with Lumos & Associates, Inc. for 2025 Construction Season Inspection Services for Capital Improvement Projects
Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item.

Requested Action / Suggested Motions: Pass a Motion approving minutes of the March 18, 2025, City Council Strategic Planning Retreat; March 25, 2025, Regular Joint City Council and Planning Commission Ethics Training, the Regular City Council and South Tahoe Joint Powers Parking Financing Authority meeting; and approving minutes from the April 1, 2025, Special City Council meeting.

Responsible Staff Member(s): Michelle Davis, Assistant City Clerk Item 2- Executive Summary.pdf
01- 03 18 2025 City Council Strategic Planning Retreat Minutes.pdf 02- 03 25 2025 Joint City Council and Planning Commission Meeting Minutes.pdf 03- 03 25 2025 City Council and STJPPFA Meeting Minutes.pdf 04- 04 01 2025 Special City Council Meeting Minutes.pdf Requested Action / Suggested Motions: Pass a Resolution authorizing the Airport Manager to execute a Reimbursable Agreement with the Federal Aviation Administration (FAA) and approving budget appropriation of $12,587.40 for Flight Inspection of the Precision Approach Path Indicators (PAPI) on Runway 18.

CEQA Determination: The project is exempt from review under CEQA Guidelines section 15301(d) (Existing Facilities – restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety).

Responsible Staff Member(s): John Dickinson, Airport Manager Item 3- Executive Summary.pdf
01- Staff Report PAPI
02- Resolution PAPI
03- AC-007230 South Lake Tahoe CA.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No. 2 to Airport Food & Beverage Lease & Concession Agreement Amendment with Flight Deck Grill & Golf Club, LLC, to extend the time for an additional 90 days to complete tenant improvements and open to the public, Also approving space change within the terminal.

CEQA Determination: This action is categorically exempt from under CEQA Guidelines section 15301 (Existing Facilities).

Responsible Staff Member(s): John Dickinson, Airport Manager Item 4- Executive Summary.pdf
01- Staff Report Flight Deck Golf and Grill
02- Amendment Flight Deck Golf and Grill
03- C-238-2024 Flight Deck Lease.pdf
04- C-269-2024 Amendment No. 1 to Agreement with Flight Deck.pdf Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Agreement with Lumos & Associates, Inc., for an amount not to exceed $520,000 for the 2025 Construction Season Inspection Services for Capital Improvement Projects.

Responsible Staff Member(s): Anush Nejad, Director of Public Works 3 6. Sale of Surplus Property

7. Amendment to the Residential Parking Permit (RPP) Zones in the Lakeside Residential Area

8. Acceptance of Funds from California State Boating and Enforcement Aid Program for Police Boat Safety and Enforcement Program

9. Ratification of Agreement with Lake Tahoe Unified School District (LTUSD) for the Third Grade Swim Program

10. Revisions to City Personnel Rules
Item 5- Executive Summary.pdf
01-Staff Report - Inspection Award.docx
02-Agreement with Lumos & Associates
Requested Action / Suggested Motions: Pass a Resolution declaring certain vehicles and equipment as surplus and directing the sale of vehicles, equipment and other City assets.

Responsible Staff Member(s): Anush Nejad, Director of Public Works, and Phil Harwood, Fleet Supervisor
Item 6- Executive Summary.pdf
01-Staff Report - Surplus Property.docx
02 - Resolution for Surplus Vehicles.docx
03 - 2025 Spring Auction (Exh. A to Reso).pdf
Requested Action / Suggested Motions: Pass a Resolution Amending the Seasonal No Parking and Resident Permit Parking Restrictions on Certain Streets in the Lakeside Residential Neighborhood.

Responsible Staff Member(s): Anush Nejad, Director of Public Works and Sonia Wheeler, Code Enforcement Officer
Item 7- Executive Summary.pdf
01-Staff_ReportEstablishing_Residential_Parking_Permit_Zones_in_the_Lakeside_Residential_Area_R_.docx 02-ORD 2023-1178 Residential Parking Permit Program
03 - Resolution 2024-133 Lakeside Residential Parking Permit.pdf 04-Resolution-Amendments to Lakeside Parking.docx
05 - Map of Proposed Lakeside Park Association Parking Restrictions 2025.pdf Requested Action / Suggested Motions: Pass a Resolution: (1) authorizing acceptance of an amount up to $56,464 from the California State Boating and Enforcement Aid Program; (2) authorizing and directing the Mayor, or the Chief of Police, to execute the Program Agreement and each reimbursement claim; (3) accepting El Dorado County vessel property taxes in the amount up to $55,612.00 for a total program amount up to $112,076.00; and (4) authorizing budget of that amount into the current City’s budget into account #237 02110 effective July 1, 2025.

Responsible Staff Member(s): Lt. Scott Crivelli
Item 8- Executive Summary.pdf
01 - Staff Report - Police Boat Financial Aid.docx
02-Resolution.docx
03-Police Boat Grant Application FY 25-26.pdf
04-Police Boat Financial Aid Agreement.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing a fee waiver and ratification of the Agreement with LTUSD for the Third Grade Swim Program to be offered at no cost to participants.

Responsible Staff Member(s): John Stark, Director of Parks & Recreation Item 9- Executive Summary.pdf
01-Staff Report-Agreement with LTUSD for the Third Grade Swim Program.docx 02-Resolution - Third Grade Swim Program.docx
C-027-2025_Third_Grade_Swim_Program_Agreement_LTUSD_-_signed Requested Action / Suggested Motions: Pass a Resolution approving the revised Personnel Rules 4 11. Tahoe Valley Stormwater and Greenbelt Improvement Project for Phase 1 Paving: Funding Transfer, Change Order, and Increase of Contingency

12. Pioneer Trail and Glenwood Highway Safety Improvement Program (HSIP) Construction Contract Award to Globe Engineering Development

13. License Agreement with California Tahoe Conservancy to Use Motel 6 Property for Public Safety Training
as presented.

Responsible Staff Member(s): Ember Buckman, CGHR-CP, Human Resources Manager Item 10- Executive Summary.pdf
01-Staff Report Revisions of City Personnel Rules.docx
02-Resolution Revisions of City Personnel Rules .docx
03 - City of South Lake Tahoe - Personnel Rules - Redline 2025.pdf 04 - City of South Lake Tahoe - Personnel Rules -(Exh A to Reso).pdf Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Director of Finance to transfer $303,000 in funds from the Road Rehabilitation Account to the Tahoe Valley Stormwater and Greenbelt Improvement Project; authorizing and directing the mayor to execute the pavement design change order; and approving construction contingency up to 11% for the Phase 1 Construction Contract for a new not to exceed amount of $7,424,247.61 (total bid $6,688,511.36 + 11% contingency $735,736.25).

CEQA Determination: The Planning Commission adopted a Mitigated Negative Declaration for the Project on May 9, 2019, SCH# 20190292152. Addendum No. 1 adding the basin and associated improvements at the corner of 4th Street and Barton Avenue was adopted by the Planning Commission on February 20, 2025. This action does not require additional review under CEQA Guidelines section 15162.

Responsible Staff Member(s): Brianna Greenlaw, Associate Civil Engineer Item 11- Executive Summary.pdf
01-Staff Report-Funding Transfer_Paving.docx
02-Map
03-Change Order Request.pdf
04-Resolution-Fund Transfer and Additional Contingency-Tahoe Valley Greenbelt Project Requested Action / Suggested Motions: Pass Resolution: 1) authorizing and directing the Mayor to execute an Agreement with Globe Engineering Development for $507,531.00, plus a 10% Construction Contingency of $50,753.10 for the Pioneer Trail and Glenwood, Highway Safety Improvement Program Project; and 2) Allocate $47,000 from Measure "S" Sales Tax Fund Undesignated Reserves.

CEQA Determination: This project is categorically exempt under CEQA Guidelines 15304 (minor alteration to land).

Responsible Staff Member(s): Stephen Anderjack, Project Manager Item 12-Executive Summary
01-Staff Report-Pioneer Trail HSIP Contract Award.docx
02-Resolution - Pioneer Trail HSIP Contract Award.docx
03-Globe Engineering Agreement (Exh. A to Reso).pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Non-Destructive Training License Agreement with the California Tahoe Conservancy allowing South Lake Tahoe Fire Rescue, South Lake Tahoe Police Department and neighboring fire and law enforcement agencies to actively train at 2375 Lake Tahoe Boulevard (Motel 6) site prior to demolition of the structures.

Responsible Staff Member(s): Justin Keys, Battalion Chief, and Heather Stroud, City Attorney Item 13- Executive Summary.pdf
01-Staff Report-Non-Destructive Training License Agreement.docx 02-Non-Destructive Training License Agreement
5 14. Declaring Fire Vehicle 6103 Surplus and Authorizing Donation to Lake Tahoe Community College

15. Electric Vehicle Parking Ordinance (Second Reading)

16. 2025 Cannabis Revenues Grant Program Process and Guidelines

17. 2024 Annual Comprehensive Financial Report (ACFR)

18. Agreement with Government Consulting Partners, Inc. for Citywide User Fee Study

19. Potential Amendments to 2018 Vacation Home Rental (VHR) Ordinance Requested Action / Suggested Motions: Pass a Resolution declaring Fire Vehicle 6103 surplus and authorizing donation to Lake Tahoe Community College Fire Academy.

Responsible Staff Member(s): Justin Keys, Battalion Chief, and Jim Drennan, Fire Chief Item 14- Executive Summary.pdf
01-Staff Report-Fire Vehicle Surplus and Donation.docx
02-Resolution-Fire Vehicle Surplus and Donation.docx
03-LTCC Donation Letter.pdf
Requested Action / Suggested Motions: 1) Pass an Ordinance adding Sections 4.25.435 (Electric Vehicle Charging Stations in Public Parking Areas) and 4.25.605 (Electric Vehicle Charging Stations) to Title 4 of the South Lake Tahoe City Code to Authorize Enforcement of Designated Electric Vehicle Parking at Charging Stations in Public Parking Areas; and, 2) Pass a Resolution designating publicly available Electric Vehicle Parking Locations and establishing a Parking Citation Fee.

Responsible Staff Member(s): Sara Letton, Sustainability Coordinator Item 15- Executive Summary.pdf
01- Staff Report EV Parking Ord (Second Reading).docx
02-Ordinance EV Parking on Public Spaces.pdf
03 - Resolution-Electric Vehicle Parking Spaces on City Property.pdf Requested Action / Suggested Motions: Pass a Resolution adopting the updated Cannabis Revenues Grant Program Process and Guidelines.

Responsible Staff Member(s): Sara Letton, Sustainability Coordinator Item 16- Executive Summary.pdf
01 - Staff Report 2025 Update to Cannabis Revenues Guidelines.docx 02 - Resolution Cannabis Revenues Grant Program Guidelines 2025.docx 03 - Cannabis Revenues Grant Program Guidelines 2025 (Exh. A to Reso).pdf Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member(s): Olga Tikhomirova, Director of Finance Item 17- Executive Summary.pdf
01-Staff Report-2024_ACFR.pdf
02-2024 City of South Lake Tahoe ACFR
03-AUP Report.pdf
04-Single Audit Report.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Professional Services Agreement with Government Consulting Partners, Inc. for Citywide User Fee Study and Cost Allocation Plan Preparation in an amount not to exceed $70,835.00.

Responsible Staff Member(s): Olga Tikhomirova, Director of Finance Item 18- Executive Summary.pdf
01-Staff Report User Fee Study.docx
02-PSA with GCP User Fee Study.pdf
Regular-Unfinished Business
Requested Action / Suggested Motions: Pass a Motion directing staff to prepare an ordinance making amendments desired, if any, to the 2018 VHR Regulations on one or more of the following topics: (1) prohibit or limit VHRs in certain residential areas; (2) establish a cap lower than 1400 6 20. Potential Amendments to Vacation Home Rental Program Budget and Allocated Position Listing

21. Potential Amendment to Ordinance Regulating Shared Mobility Devices

22. 2025-2030 Strategic Plan Adoption

23. Ordinance Designating Very High Fire Severity Zones (First Reading) VHRs outside the Tourist Core; (3) establish a buffer between VHRs; (4) prohibit VHRs in all multifamily dwellings; (5) require VHR owners to use a local property manager; (6) increase consequences for violations; (7) ensure VHR permit fee achieves complete cost recovery; (8) provide permitting preference for certain prior VHR and QVHR permit holders who were in good standing; (9) change VHR permitting authority from Development Services Department to Police Department; (10) phased permitting of no more than 150 VHR permits issued per month; and (11) Planning Commission decision on VHR permit denial and revocation appeals is final.

CEQA Determination: This item is exempt under CEQA Guidelines section 15061(b)(3) (common sense exemption).

Responsible Staff Member(s): Heather Stroud, City Attorney Joseph Irvin, City Manager Item 19- Executive Summary.pdf
01 - Staff Report - 2018 VHR Ordinance Amendments.docx
02 - 2018 VHR Regulations.pdf
Requested Action / Suggested Motions: Pass a Resolution Amending the FY 2024-2025 Vacation Home Rental (VHR) Program Budget and Changes to the Allocated Permanent Position Listing.

Responsible Staff Member(s): Olga Tikhomirova, Director of Finance Item 20- Executive Summary.pdf
01-Staff_Report_VHR_Program_Budget_Amendments_rv.docx
02-Resolution_VHR_Budget_Amendments_2024-2025.docx
03-Position Allocaiton 24-25 Apr 20256 (Exh. A to Reso).pdf Requested Action / Suggested Motions: Pass a Motion directing staff to prepare an ordinance making amendments desired, if any, to Chapter 4.185 (Shared Mobility Devices) of the South Lake Tahoe City Code on one or both of the following topics: (1) increase the City's liability protections from Shared Mobility Device accidents; and (2) increase safety measures for Shared Mobility Device operations.

Responsible Staff Member(s): Dan Bardzell, Assistant City Attorney; Jeff Roberson, Lieutenant Item 21- Executive Summary.pdf
01_-_Staff_Report.docx
Requested Action / Suggested Motions: Pass a Motion adopting the 2025-2030 Strategic Plan.

Responsible Staff Member(s): Joseph D. Irvin, City Manager Item 22- Executive Summary.pdf
01-Staff Report 2025 Strategic Plan
03-Strategic Plan Timeline
02-SLT Strategic Plan Final Draft
Regular-New Business
Requested Action / Suggested Motions:

Pass a Motion to hold first reading (by title only) of an Ordinance Designating Very High Fire Severity Zones, and refer second reading and adoption to the May 6, 2025 meeting.

Responsible Staff Member(s): Kim George, Fire Marshal and Jim Drennan, Fire Chief Item 23- Executive Summary.pdf
01-Staff Report-Fire Severity Zones Ordinance.docx
02 - Rollout Plan
03 - Map (Exh. A to Ordinance)
04-Ordinance Designating Very High Fire Severity Zones.docx 7 24. Stateline Transit Center Parking Enforcement Authorization Ordinance (First Reading)

25. Approval of Donation Agreement with Kiwanis of Lake Tahoe for Multigenerational Recreation & Aquatics Center Scoreboards

26. Agenda Planning Calendar
05-Public Comment_Redacted.pdf
Requested Action / Suggested Motions: 1) Pass a Motion to hold a first reading (by title only) of an Ordinance amending Article VII of Chapter 4.25 of the South Lake Tahoe City Code to add Section

4.25.607 authorizing City Council, by resolution, to establish certain parking prohibitions, restrictions, and regulations at municipal off-street parking facilities and refer to a second reading and adoption to the May 6, 2025 meeting; and, 2) Pass a Resolution establishing parking prohibitions, restrictions, and regulations for the Stateline Transit Center.

Responsible Staff Member(s): David Stevenson, Police Chief, and Anush Nejad, Director of Public Works
Item 24- Executive Summary.pdf
01-Staff Report-Stateline Transit Center.docx
02 - Ordinance to Amend Off Street Parking.docx
03 - Resolution Offsite Parking Stateline Transit Ctr 040725.docx 04 - Transit Center Parking Map (Exh. A to Reso).pdf
Requested Action / Suggested Motions: Pass a Resolution: 1) approving donation in exchange for the Kiwanis name and logo “Kiwanis of Lake Tahoe" and "In Memory of Bob Baunhauser” on two scoreboards in the gym for new Multigenerational Recreation & Aquatics Center beginning April 22, 2025, for the lifetime of the two scoreboards; 2) transferring $20,000 from the South Tahoe Parks Foundation to Account #704-04290-36280 Rec Center Facilities and Operations; and, 3) authorizing and directing the Mayor to execute the Donation Agreement with Kiwanis of Lake Tahoe.

Responsible Staff Member(s): John Stark, Director of Parks & Recreation Item 25- Executive Summary.pdf
01-Staff Report - Multigenerational Recreation & Aquatics Center Scoreboards Donation Approval & Funds Transfer.docx
02-Resolution-Donation Agreement with Kiwanis.docx
03-Donation Agreement with Kiwanis Scoreboards.pdf
04-Sponsorship Approval Form.pdf
Agenda Planning Calendar
Requested Action / Suggested Motions: Identify, with consent of at least two Council Member, any desired future agenda items, and/or modify the Agenda Planning Calendar as desired.

Responsible Staff Member(s): Joseph Irvin, City Manager, and Susan Blankenship, City Clerk APC 04 16 2025.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions
Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday, April 22, 2025, City Council meeting was posted and available for review on Thursday, April 17, 2025, at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the city's website at https://www.cityofslt.us.

Signed April 17, 2025
\\sb\\ Susan Blankenship, Elected City Clerk
8 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 22, 2025
Agenda Item #:1
Agenda Item: Proclamation Recognizing April 2025 as "Neurodiversity and Autism Celebration Month" Requested Action / Suggested Motions: Issue a Proclamation to Access Tahoe recognizing April 2025 as "Neurodiversity and Autism Celebration Month".

Responsible Staff Member: Susan Blankenship, City Clerk Attachments:

Proclamation Recognizing April 2025 as Neurodiversity and Autism Celebration Month.pdf 9 City of South Lake Tahoe
Proclamation
Recognizing April 2025 as
“Neurodiversity and Autism Celebration Month”
Whereas, neurodiversity, including autism, is a lifelong aspect of human diversity that enriches our community, with individuals experiencing the world in unique ways, impacting communication, social interaction, and behavior; and
Whereas, the Centers for Disease Control and Prevention (CDC) reports that autism affects an estimated 1 in 36 children in the United States, highlighting the need for greater celebration, understanding, and support; and
Whereas, individuals who are neurodivergent, including those with autism, and their families deserve access to the resources, services, and opportunities necessary to lead fulfilling and meaningful lives; and
Whereas, Access Tahoe and the South Lake Tahoe Special Needs Community have been instrumental in advocating for inclusivity, education, and support for neurodivergent individuals and their families; and
Whereas, South Lake Tahoe is committed to fostering a welcoming, inclusive, and supportive community for all individuals, regardless of ability, and to promoting greater celebration and acceptance of neurodiversity; and
Whereas, Neurodiversity and Autism Celebration Month provides an opportunity to celebrate the unique strengths and talents of neurodivergent individuals, to support their families and caregivers, and to encourage meaningful action toward inclusivity.

Now, therefore, the City of South Lake Tahoe City Council do hereby proclaims April 2025 as “Neurodiversity and Autism Celebration Month” and encourages residents, businesses, and community organizations to increase their understanding, acceptance, and support of neurodivergent individuals. This Proclamation is presented with great appreciation to Access Tahoe and the South Lake Tahoe Special Needs Community in recognition of their continued dedication to advocating for and supporting neurodivergent individuals. _________________________ __________________________
Tamara Wallace, Mayor Susan Blankenship, City Clerk
10 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 22, 2025
Agenda Item #:2
Agenda Item: City Council Strategic Planning Retreat, Regular Joint City Council and Planning Commission Ethics Training, Regular City Council and South Tahoe Joint Powers Parking Financing Authority, and Special City Council Meeting Minutes
Executive Summary: City Council are asked to formally adopt the minutes of the March 18, 2025, City Council Strategic Planning Retreat; March 25, 2025, Regular Joint City Council and Planning Commission Ethics Training, the Regular City Council and South Tahoe Joint Powers Parking Financing Authority meeting; and approving minutes from the April 1, 2025, Special City Council meeting Requested Action / Suggested Motions: Pass a Motion approving minutes of the March 18, 2025, City Council Strategic Planning Retreat; March 25, 2025, Regular Joint City Council and Planning Commission Ethics Training, the Regular City Council and South Tahoe Joint Powers Parking Financing Authority meeting; and approving minutes from the April 1, 2025, Special City Council meeting.

Responsible Staff Member: Michelle Davis, Assistant City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
01- 03 18 2025 City Council Strategic Planning Retreat Minutes.pdf 02- 03 25 2025 Joint City Council and Planning Commission Meeting Minutes.pdf 03- 03 25 2025 City Council and STJPPFA Meeting Minutes.pdf 04- 04 01 2025 Special City Council Meeting Minutes.pdf 11 City of South Lake Tahoe
City Council Strategic Plannnig Retreat
Meeting Minutes
Tuesday, March 18, 2025 at 9:00 a.m.

City Hall - Council Chambers – 1901 Lisa Maloff Way, South Lake Tahoe NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council member discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us Land Acknowledgement
Mayor Wallace read the Washoe Tribe of Nevada and California Land Acknowledgement.

Call to Order/Pledge of Allegiance
Mayor Wallace Called the meeting to order at 9:02 a.m., then led the pledge of allegiance.

Roll Call
Present were Mayor Wallace, Mayor Pro Tem Bass, and Councilmembers Robbins, Jinkens and Roberts.

Also present were City Manager Irvin, City Attorney Stroud, City Clerk Blankenship, and Assistant City Manager Roverud
Closed Session Reports
None.

Public Communications
Public Comment was heard from the following people:

1. Duane Wallace- Measure T (uphold court decision)

2. Lauren Gresh, RNR Vacation Rentals- Meaure T (uphold court decision)

3. Rick Curry- Meaure T (uphold court decision)

4. Caleb Fry- Meaure T (uphold court decision)

5. Stacey Ballard- Survey results from the strategic plan item packet, making accessibllity a top priority in the strategic plan

6. Mike Tincher- Measure T (uphold court decision)

7. Ayana Morali- Dedicated funding for housing stream

8. Duggan Smith- Meaure T (uphold court decision)

9. Annabelle Younana- Measure T (uphold court decision) 12 Regular- New Business

1. Strategic Plan Retreat
Action: Particpated in a facilitated discussion to develop the 2025-2030 Strategic Plan, and provided direction on city policies, goals, and action items to be worked on during the next five years. The Strategic Plan will come back to Council on April 22 for final adoption.

Adjournment
Mayor Wallace adjourned the Meeting at 5:23 p.m.

Date:_______________
______________________
Tamara Wallace, 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.
13 City of South Lake Tahoe
Joint City Council & Planning Commission
Meeting Agenda
Tuesday, March 25, 2025 at 3:00 pm
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council member discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us Land Acknowledgement
Mayor Wallace read the Washoe Tribe of Nevada and California Land Acknowledgement.

Call to Order/Pledge of Allegiance
Mayor Wallace Called the meeting to order at 3:23 p.m., then led the pledge of allegiance.

Roll Call
Present were Mayor Wallace, Councilmembers Robbins, Jinkens and Roberts, and Commissioners Wieczorek, Feiger, Lucksinger, and Imhoff.

Mayor Pro Tem Bass and Commissioner Williams were absent.

Also present were City Manager Irvin, City Attorney Stroud, and City Clerk Blankenship.

Public Communications
Public Comment was heard from the following people:

1. Sue Norman- Federal Agency Support Resolutions *provided written material

2. Lou Perini- Public comment period during Planning Commission Meeting Written Public Comment was received from the following person:

1. Judi Allen- Annexation Proposal info given to the Planning Commission Regular- New Business

1. AB 1234 Ethics Training Certification Requirement
Action: Received two hours of training in general ethics principles and ethics laws relevant to public service
Adjourment
Mayor Wallace adjourned the Meeting at 5:37 p.m.
14 Date:_______________
______________________
Tamara Wallace, Mayor
Attest:__________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
15 City of South Lake Tahoe
City Council and South Tahoe Joint Powers Parking Financing Authority Meeting Minutes
Tuesday, March 25, 2025 at 5:30 p.m.

City Hall - Council Chambers – 1901 Lisa Maloff Way, South Lake Tahoe NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council member discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us Land Acknowledgement
Mayor Wallace read the Washoe Tribe of Nevada and California Land Acknowledgement.

Call to Order/Pledge of Allegiance
Mayor Wallace Called the meeting to order at 5:52 p.m., then led the pledge of allegiance.

Roll Call
Present were Mayor Wallace, Mayor Pro Tem Bass, and Councilmembers Robbins, Jinkens and Roberts.

Also present were City Manager Irvin, City Attorney Stroud, and City Clerk Blankenship.

Closed Session Reports

1. Conference with Legal Counsel – Existing Litigation – Government Code section 54956.9(d)(1) Case: South Lake Tahoe Property Owners Group v. City of South Lake Tahoe, El Dorado County Superior Court Case No. SC20180243 Action: No reportable action. This item will be scheduled for a Special City Council Meeting on April 1, 2025.

Note: The following people addressed Council at the March 25, 2025, 1:30 p.m. Special Closed Session:

1. Dan Brown- appeal court decision

2. Peggy Borland, Tahoe Neighborhood’s Group- appeal court decision

3. Robert Henderson- uphold court decision

4. Diane Reese- appeal court decision

5. Jerry Goodman- appeal court decision

6. Lisa Underwood, Tahoe Keys Resort- uphold court’s decision

7. Valerie Miller- uphold court’s decision

8. Chase Janvrin, Placemate- neutral

9. Carol Bellerdowning- appeal court’s decision

10. Erick Asbury- uphold court’s decision

11. Alex Gleboff- uphold court’s decision

12. Tom Spencer- uphold court's decision

13. Dr. Lenthal- uphold court’s decision
16 14. Mark Salmon, South Lake Tahoe Property Owner’s Group- uphold court’s decision

15. Jessie Poller- uphold court’s decision

16. Duggan Smith- uphold court’s decision

17. Caleb Fry- uphold court’s decision

18. Nicole Ladd- uphold court’s decision

19. Judi Allen- uphold court’s decision

20. John Dillie- uphold court’s decision
Written Public Comment was received from the following people:

1. Caleb Fry- uphold court’s decision

2. Jason Gizowski- uphold court’s decision

3. Samantha Greenlee- uphold court’s decision

4. Robyn Johnson- County VHR regulations

5. Scott- uphold court’s decision

6. Peter Younan- uphold court’s decision

7. Matt Bettencourt- uphold court’s decision

8. Mark Brower- uphold court’s decision

9. John Muchanan- uphold court’s decision

10. Steve Teshara, Tahoe Chamber- uphold court’s decision

11. Seth Dallob- uphold court’s decision

12. Joel Elias- uphold court’s decision

13. Jack Grothe- uphold court’s decision

14. Diana Hamilton-Smith- appeal court’s decision

15. Scott and Stacy Oishi- uphold court’s decision

16. Kristin Scalva- uphold court’s decision

17. Duane Wallace, South Tahoe Chamber of Commerce- uphold court’s decision

18. Dylan hastings, South Tahoe Association of Realtors- uphold court’s decision

19. Adam Weckesser- uphold court’s decision
Public Communications
Public Comment was heard from the following people:

1. Duane Wallace, South Tahoe Chamber of Commerce- Measure T (uphold court decision)

2. Shannon Witt, South Tahoe Association fo Realtors- Measure T (uphold court decision)

3. Scott Loberg- Measure T (uphold court decision), need for Town Plan updates

4. Eric Island- Measure T (uphold court decision)

5. Lauren Gresh, RNR Vacation Rentals- Measure T (uphold court decision)

6. Angie Reagan, Access Tahoe- State of the South Lake Tahoe Senior Center

7. Duggan Smith- (uphold court decision)
Consent Agenda
Action: Moved/Seconded: Bass/Roberts
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Note: Councilmember Jinkens voted No on Items 2 and 3, Councilmember Roberts abstained from voting on Item 3.

1. Regular City Council Meeting Minutes
Action: Passed Motion 2025-028 approving the minutes of the February 25, 2025, Regular City Council Meeting.

2. 2024-2025 Master Fee Schedule
Note: Councilmember Jinkens voted no on this item.

Action: Passed Resolution 2025-015 adopting the Annual Master Schedule of Fees and Charges for City Services.
17 3. Agreement with On Course Events for Live at Lakeview Summer Concert Series Note: Councilmember Roberts recused himself from voting on this item due to his employment, and Councilember Jinkens voted No.

Action: Passed Resolution 2025-016 authorizing and directing the Mayor to execute an Agreement with On Course Events (C-047-2025) to produce Live at Lakeview Summer Concert Series and authorizing the Finance Director to amend FY 24/25 budget to appropriate additional $5,000 from General Fund Undesignated Excess Reserves into the Special Events account designated to provide additional funding requested to support the 2025 Live at Lakeview series.

4. Division of Boating and Waterways Boating Safety and Enforcement Equipment Grant Application Authorization
Action: Passed Resolution 2025-017 authorizing Police Department staff to apply for grant funding through the Division of Boating and Waterway Boating Safety and Enforcement Equipment Grant in an amount up to $110,000 to replace the police boats outboard motors.

5. Ratification of Amendment 2 to Agreement with Lumos for Pioneer Trail Highway Safety Improvement Project (HSIP)
Action: Passed Motion 2025-029 authorizing and directing the Mayor to execute Ratification of Amendment with Lumos & Associates (C-048-2025), in the total amount of $15,000 for a not-to-exceed total contract amount of $71,000, and extending the term to October 31, 2025, for the design and construction support services for the Pioneer Trail HSIP project.

Regular- Unfinished Business

6. Purchase of Real Property at 2111-2121 Lake Tahoe Boulevard from BMO Bank N.A.

Action: Moved/Seconded: Jinkens/Robbins
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: Passed Motion 2025-029 authorizing and directing the Mayor to execute the Purchase and Sale Agreement with BMO Bank N.A. (C-049-2025) for the purchase of approximately 73,108 square feet of real property in the amount of $940,000, and authorizing the City Manager to execute further documents take further actions necessary to implement the Purchase and Sale Agreement.

Public Comment was heard from the following person:

1. Scott Loberg

7. Community Choice Aggregation Feasibility Study
Action: Moved/Seconded: Bass/Robbins
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: Passed Motion 2025-030 directing staff to pursue joining a Community Choice Aggregation program and authorizing and directing the Mayor to execute an application for Affiliate Membership with CalCCA.

Public Comment was heard from the following people:

1. Don Eckert

2. Danielle Hughes, Tahoe Spark

3. Scott Loberg

4. Blake Herrschaft
18 City Council and South Tahoe Joint Powers Parking Authority- New Business

8. Establishing an Electric Vehicle Charging Rate for Public Chargers, $0.4108 per kWh.

Action: Moved/Seconded: Bass/Jinkens
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: 1) Acting as the City Council, Passed Resolution 2025-018 adopting an electric vehicle charging rate structure for City-owned publicly available electric vehicle chargers; and (2) Acting as the South Tahoe Joint Powers Parking Financing Authority, Passed STJPPFA Resolution 2025-001 establishing an electric vehicle charging rate structure for public chargers at the Parking Garage.

Public Comment was heard from the following people:

1. Scott Loberg
Regular- New Business

9. Electric Vehicle Parking Ordinance (First Reading)
Action: Moved/Seconded: Jinkens/Roberts
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: Passed Motion 2025-031 to hold a first reading (by title only) of an Ordinance establishing electric vehicle parking regulations and refer to a second reading and adoption to the April 22, 2025, meeting.

Public Comment was heard from the following people:

1. Scott Loberg

10.Fiscal Year 2024-2025 Mid-Year Budget Review, Amendments to the Allocated Permanent Position Listing, and Five-Year Financial Plan Update
Action: Moved/Seconded: Bass/Roberts
Yes: Wallace, Bass, Robbins, Roberts
Abstain: Jinkens
Action: Passed Resolution 2025-019 approving FY 2024-2025 Mid-Year Budget Adjustments, Amendments to the Allocated Permanent Positions Listing for Changes Made during Mid-Year and Corresponding Salary Tables.

Public Comment was heard from the following people:

1. Scott Loberg

2. David Gregorich, Parks and Recreation Commission, Parks Foundation

3. Duane Wallace, Kiwanis Club, South Tahoe Chamber of Commerce

11.South Tahoe Transit Joint Powers Authority Startup Budget Contribution and Allocation of Transportation Manager and Accountant Positions
Action: Moved/Seconded: Bass/Jinkens
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: Passed Resolution 2025-020 authorizing $108,992 Budget Appropriations from General Fund Undesignated Excess Reserves for the South Tahoe Transit JPA Startup Budget and Amending the FY 2024/2025 Allocated Permanent Position Listing to add Transportation Manager and Accountant positions.

Agenda Planning Calendar

12. Agenda Planning Calendar
Action: City Manager Irvin noted a Special meeting would be scheduled for April 1, 2025. The Shared Mobility Device and the Tahoe Coalition for the Homeless Pay for Success program discussions would be held April 22, 2025.
19 Updates and Announcements (City Attorney, City Clerk, City Manager) City Clerk Blankenship

1. Proclamation request recognizing April 2025, as Autism and Neurodiversity Celebration Month (Council provided consensus)
City Manager Irvin

1. Upcoming Liberty Utilities Customer Service Forum

2. Upcoming El Dorado Local Agency Formation Commission meeting Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Councilmember Robbins

1. Request for an agenda item on grants and other funding mechanisms for utility undergrounding (Jinkens seconded)

2. Request for an agenda item on an adjusting the City’s ethics requirements (Jinkens seconded) Mayor Wallace

1. Filmed cooking show with City Manager Irvin where they discussed CIP projects. This will air on Channel 21.

Adjourment
Mayor Wallace adjourned the Meeting at 7:54 p.m.

Date:

Tamara Wallace, Mayor
Attest:

Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
20 City of South Lake Tahoe
Special City Council
Meeting Agenda
Tuesday, April 1, 2025 at 5:30 pm
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council member discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us Land Acknowledgement
Mayor Wallace read the Washoe Tribe of Nevada and California Land Acknowledgement.

Call to Order/Pledge of Allegiance
Mayor Wallace Called the meeting to order at 5:40 p.m., then led the pledge of allegiance.

Roll Call
Present were Mayor Wallace, Mayor Pro Tem Bass, and Councilmembers Robbins, Jinkens, and Roberts.

Also present were City Manager Irvin, City Attorney Stroud, and City Clerk Blankenship.

Closed Session

1. Conference with Legal Counsel – Existing Litigation – Government Code section 54956.9(d)(1) Case: South Lake Tahoe Property Owners Group v. City of South Lake Tahoe, El Dorado County Superior Court Case No. SC20180243 Public Comment was heard from the following people:

1. Jerry Goodman- Put Measure T back on the ballot

2. John Messina- uphold court’s decision

3. Dan May- appeal court’s decision

4. No name provided- appeal court’s decision

5. Janice Stillions– appeal court’s decision

6. Mark Bower- uphold court’s decision

7. Barbara Knapp- appeal court’s decision

8. Mark Salmon, South Lake Tahoe Property Owner’s Group- uphold court’s decision

9. Stu Roberson- uphold court’s decision

10. Steven Imhoff- uphold court’s decision

11. Caleb Fry- uphold court’s decision

12. Shawna Riva- uphold court’s decision

13. Steve Teshara, Tahoe Chamber- uphold court’s decision

14. Duane Wallace, South Tahoe Chamber of Commerce- uphold court’s decision 21 15. Lauren Gresh, RNR Vacation Rentals- uphold court’s decision

16. Ed Mosur- appeal court’s decision

17. Lisa Underwood, Tahoe Keys Resort- uphold court’s decision

18. Marjorie Green- uphold court’s decision

19. Diane Reese, Tahoe Neighborhood’s Group- uphold court’s decision

20. Samantha Epperson, RNR Vacation Rentals- uphold court’s decision

21. Ravi- uphold court’s decision

22. Roberta Hainline- uphold court’s decision

23. Melissa Soderston- appeal court’s decision

24. Deepak Sharma- uphold court’s decision

25. Duggan Smith- uphold court’s decision

26. Lynn Thull- uphold court’s decision

27. Sayli Karmarkar- uphold court’s decision

28. Blake Hersheft- Need for six month moritorium

29. Sean Ward, Lux Vaca- uphold court’s decision

30. Francesca Benling- appeal court’s decision

31. Amelia Richmond- appeal court’s decision
Written Public Comment was received from the following people:

1. Cynthia Samuel- uphold court’s decision

2. Lynn Thull- uphold court’s decision

3. Daniel Ying- uphold court’s decision

4. Mark Brower- uphold court’s decision

5. Emilie Cappella- uphold court’s decision

6. Yu Chen- uphold court’s decision

7. Dan Cockrum- appeal court’s decision

8. Del Valle Family- uphold court’s decision

9. Caleb Fry (3) - uphold court’s decision

10. Roberta Hainline- uphold court’s decision

11. Luke and Mallory Janiszewski- appeal court’s decision

12. Gayla and Steve Jurevich- uphold court’s decision

13. Paul and Vicky Kaleta- uphold court’s decision

14. Jordan Korczak- uphold court’s decision

15. Oliver Marlar- uphold court’s decision

16. Todd mcIntyre- uphold court’s decision

17. John Messina, Lake Tahoe Taxpayers Association- uphold court’s decision

18. Joseph Petty- uphold court’s decision

19. Kristen Schwartz- appeal court’s decision

20. Madison Sites and Shawn Hoffman- appeal court’s decision

21. Wes Smith- uphold court’s decision

22. Sean Ward- uphold court’s decision

23. Stephen Weil- uphold court’s decision

24. Sami Younan- uphold court’s decision

25. Steve Yun- uphold court’s decision
Closed Session Report- April 1, 2025
City Attorney Stroud reported Council voted 4-1 (Robbins No) to uphold the court’s decision. 22 New Business

2.Urgency Ordinance to Establish Temporary Moratorium on Issuance of Vacation Home Rental Permits in Areas Where Permits Were Prohibited by Measure T Action: Moved/Seconded: Jinkens/Roberts
Yes: Wallace, Bass, Robbins, Jinkens,Roberts
Action: Passed Urgency Ordinance 2025-1193 Adopting a Temporary Moratorium on the Issuance of Vacation Home Rental Permits in Areas Where Permits Were Prohibited by Measure T Public Comment was heard from the following people:

1. Lisa Underwood, Tahoe Keys Resort

2. Dan May

3. Miss Whit

4. Ed Mosur

5. Stu Roberson

6. Caleb Fry

7. Blake Hersheft

8. Duggan Smith
Adjourment
Mayor Wallace adjourned the Meeting at 8:49 p.m.

Date:_______________
______________________
Tamara Wallace, 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.
23 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 22, 2025
Agenda Item #:3
Agenda Item: Reimbursable Agreement with the Federal Aviation Administration for Flight Inspection on Runway 18
Executive Summary: The airport's current Precision Approach Path Indicator (PAPI) system has been damaged beyond repair and requires replacement. To facilitate this project, the airport has contracted Woolpert for the design and project management of the new system. As part of the process, the Federal Aviation Administration (FAA) will conduct a flight check to verify the alignment of the newly installed system. All funds not used will be retuned to the airport after completion.

Requested Action / Suggested Motions: Pass a Resolution authorizing the Airport Manager to execute a Reimbursable Agreement with the Federal Aviation Administration (FAA) and approving budget appropriation of $12,587.40 for Flight Inspection of the Precision Approach Path Indicators (PAPI) on Runway 18.

Responsible Staff Member: John Dickinson, Airport Manager Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney Attachments:
01- Staff Report PAPI
02- Resolution PAPI
03- AC-007230 South Lake Tahoe CA.pdf
24 Council Agenda Report- April 22 2025 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: April 22, 2025
Title: Reimbursable Agreement with the Federal Aviation Administration for Flight Inspection on Runway 18
Location: Lake Tahoe Airport
Responsible Staff Member: John Dickinson, Airport Manager (530) 542-6182 Background: The airport's existing Precision Approach Path Indicator (PAPI) system has become outdated and is no longer suitable for the needs of the airport. As a result, a replacement is necessary to maintain safety and ensure compliance with aviation standards.

Woolpert has been contracted to handle both the design and project management of this replacement system. The contractor for the build will be selected on March 28, 2025, after a formal bidding process.

In accordance with Federal Aviation Administration (FAA) regulations, before the new PAPI system can be certified for use, a flight check must be performed to verify the system's proper alignment and functionality. This flight check is a critical step in ensuring the accuracy and safety of the system before it is fully operational.

Issue and Discussion: The Federal Aviation Administration under Title 49 § 106 (1)(6) can furnish services directly to the Lake Tahoe Airport since the FAA has the unique skills and capability to provide the services and can help advance the FAA’s mission to provide a reconfiguration flight inspection of the PAPI on Runway 18 (1 trip). The FAA will perform the scope of work through the FAA Flight Program Operations, Flight Management Group. The City will pay for the services; upon submission of the invoice. The FAA will reimburse the City once the flight check is completed.

Financial Implications: Authorize Finance Director to appropriate budget in account number 501 05130 Airfield Area as follows:

FAA Revenue 33112: $12,587.40
FAA Expense 42020: $12,587.40
Environmental Considerations: The project is exempt from review under CEQA Guidelines section 15301(d) (Existing Facilities – restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety).

Policy Implications: The FAA flight check is needed to commission the new PAPI System and will document the certification of airport PAPI system. 25 Resolution 2025-XXX April 22, 2025 Page 1 of 1
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
April 22 2025
Reimbursable Agreement with the Federal Aviation Administration (FAA) and Approving Budget Appropriation of $12,587.40 for Flight Inspection of the Precision Approach Path Indicators (PAPI) on Runway 18
A. The Airport Manager must execute the reimbursable agreement with the Federal Aviation Administration (FAA) to authorize the flight check and certification of the new Precision Approach Path Indicator (PAPI) system.

B. Federal Aviation Administration is authorized under Title 49 U.S.C. § 106(1)(6) to perform such services.

C. The Federal Aviation Administration will reimburse the City for the expenses incurred for the flight inspection in the amount $12,587.40.

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

1. Authorizes the Airport Manager to execute FAA Reimbursable Agreement Number AJFON-AAC-25-AC-007230 in the amount of $12,587.40.

2. Authorizes revenue and reimbursable expense budget appropriations for the inspection in the amount of $12,587.40 into account number 501 05130, Airfield Area as follows:

FAA Revenue 33112: $12,587.40
Professional Services 42030: $12,587.40
Adopted by the City of South Lake Tahoe City Council on April 22, 2025, by the following vote:

Yes:

No:

Abstain:

Absent:
________________________ Date: _________
Tamara Wallace, 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.
26 Agreement Number
AJF-ON-AAC-25-AC-007230
Non-Federal Reimbursable Agreement V97 Page 1 of 9

NON-FEDERAL REIMBURSABLE AGREEMENT

BETWEEN

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION
AND

CITY OF SOUTH LAKE TAHOE

SOUTH LAKE TAHOE, CA
WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by contract, material, supplies, equipment, and services which the City of South Lake Tahoe (Sponsor) requires, has funds available for, and has determined should be obtained from the FAA;
WHEREAS, it has been determined that competition with the private sector for provision of such material, supplies, equipment, and services is minimal; the proposed activity will advance the FAA’s mission; and the FAA has a unique capability that will be of benefit to the Sponsor while helping to advance the FAA’s mission; NOW THEREFORE, the FAA and the Sponsor mutually agree as follows:

ARTICLE 1. Parties
The Parties to this Agreement are the FAA-Flight Program Operations and City of South Lake Tahoe.

ARTICLE 2. Type of Agreement
This Agreement is an "other transaction" authorized under 49 U.S.C. § 106(l)(6). It is not intended to be, nor will it be construed as, a partnership, corporation, joint venture or other business organization.

ARTICLE 3. Scope
A. The purpose of this Agreement between the FAA and the Sponsor is to provide a reconfiguration flight inspection of the PAPI on Rwy 18 & commissioning flight inspection of the MIRLs on Rwys 18/36 at Lake Tahoe Airport (KTVL) South Lake Tahoe, CA. This Agreement provides funding for the FAA to establish these services. Therefore, this Agreement is titled:

City of South Lake Tahoe, South Lake Tahoe, CA
27 Agreement Number
AJF-ON-AAC-25-AC-007230
Non-Federal Reimbursable Agreement V97 Page 2 of 9
B. The FAA will perform a reconfiguration flight inspection of the PAPI on Rwy 18 & commissioning flight inspection of the MIRLs on Rwys 18/36 at Lake Tahoe Airport (KTVL) South Lake Tahoe, CA.

C. The Sponsor will perform the following activities:

1. Provide funding as estimated in Article 7.

2. Upon signature and payment of agreement, contact Richard Montgomery at 405- 954-0792 or [email protected] once the site is ready for inspection.

You may also call the Oklahoma City Service Center if you have any questions at 405-954-9780.

D. This agreement is in whole or in part funded with funding from an AIP grant [ ] Yes [X] No. If Yes, the grant date is: n/a and the grant number is: n/a. If the grant information is not available at the time of agreement execution, the Sponsor will provide the grant information to the FAA when it becomes available.

ARTICLE 4. Points of Contact
A. FAA:

1. The FAA, Flight Program Operations, Program Support Group will provide administrative oversight of this Agreement. Shelley Ochs is the Agreement Coordinator and liaison with the Sponsor and can be reached at 405-954-5757 or via email at [email protected]. This liaison is not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement.

2. The FAA, Flight Program Operations, Flight Operations Group will perform the scope of work included in this Agreement. Richard Montgomery is the Lead Scheduler, Flight Program Operations, and liaison with the Sponsor for any Flight Inspection issues and can be reached at 405-954-9780 or via email at [email protected]. These liaisons are not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement.

3. FAA Contracting Officer: The execution, amendment, and administration of this Agreement must be authorized and accomplished by the Contracting Officer, Michele Mustin who can be reached at 405-954-7879 or via email at [email protected].
28 Agreement Number
AJF-ON-AAC-25-AC-007230
Non-Federal Reimbursable Agreement V97 Page 3 of 9
B. Sponsor:

Sponsor: City of South Lake Tahoe
ATTN: John Dickinson, Airport Manager
Address: 1901 Lisa Maloff Way, Suite 100
South Lake Tahoe, CA 96150-7004
Phone: 530-307-2652
Email: [email protected]
ARTICLE 5. Non-Interference with Operations [RESERVED]
ARTICLE 6. Property Transfer [RESERVED]
ARTICLE 7. Estimated Costs
A. The estimated FAA costs associated with this Agreement are as follows:

DESCRIPTION OF REIMBURSABLE ITEM ESTIMATED COST
LABOR
NA $0

NON-LABOR
Flight Inspection $11,655.00
Non-Labor Overhead (8%) $ 932.40
Total Non-Labor $12,587.40
TOTAL ESTIMATED COST $12,587.40
Detailed Estimate:

Flight Inspection Estimated Cost
Beech Rate $3,330/hr Type Hours Inspections
Estimated
Cost
PAPI Rwy 18
MIRLs Rwys 18/36 at KTVL
Reconfiguration
Commission 3.5 1 $11,655.00
8% Administrative Overhead $ 932.40
Total Estimated Cost $12,587.40
B. FAA reserves the right to determine which aircraft will be used for flight inspections.

Flight hour rates will be adjusted automatically according to FAA Order 4040.28 (current edition), Application of Flight Hour Rates, or as approved by the Flight Program Executive. The estimate is based on rates in effect at the time this Agreement is signed.
29 Agreement Number
AJF-ON-AAC-25-AC-007230
Non-Federal Reimbursable Agreement V97 Page 4 of 9
C. Estimated costs contained herein are for planning purposes only and can vary depending on the actual aircraft used, and actual flight hours expended to reach the facility and to accomplish the inspection. As required by regulation, the final bill submitted to the Sponsor will reflect actual hours and costs to the FAA.

D. Sponsor will be notified of any necessary deviations or changes to the instrument flight procedure and agrees to negotiate with the FAA to resolve additional reimbursement issues exceeding 10% of the cost estimate, in accordance with Article

9. E. FAA flight inspection aircraft may be delayed from scheduled itineraries for unanticipated reasons such as a National Airspace System priority, weather, or unscheduled aircraft maintenance. FAA is not responsible for any additional cost the Sponsor may incur if an inspection must be rescheduled.

ARTICLE 8. Period of Agreement and Effective Date
The effective date of this Agreement is the date of the last signature. This Agreement is considered complete when the final invoice is provided to the Sponsor and a refund is sent or payment is received as provided for in Article 9, Section D of this Agreement.

This Agreement will not extend more than five years beyond its effective date.

ARTICLE 9. Reimbursement and Accounting Arrangements
A. The Sponsor agrees to prepay the entire estimated cost of the Agreement. The Sponsor will send an electronic copy of the Agreement to the FAA Agreement Coordinator for FAA signature. The Sponsor will also send a copy of the executed Agreement and submit full advance payment in the amount stated in Article 7 to the Reimbursable Receipts Team listed in Section C of this Article. The advance payment will be held as a non-interest bearing deposit. Such advance payment by the Sponsor must be received before the FAA incurs any obligation to implement this Agreement. Upon completion of this Agreement, the final costs will be netted against the advance payment and, as appropriate, a refund or final bill will be sent to the sponsor. Per U.S. Treasury guidelines, refunds under $1.00 will not be processed.

Additionally, FAA will not bill the sponsor for amounts less than $1.00.

B. The Sponsor certifies that arrangements for sufficient funding have been made to cover the estimated costs of the Agreement.
30 Agreement Number
AJF-ON-AAC-25-AC-007230
Non-Federal Reimbursable Agreement V97 Page 5 of 9
C. The Reimbursable Receipts Team is identified by the FAA as the billing office for this Agreement. The Sponsor will send an electronic copy of the executed Agreement to the Agreement Coordinator and submit the advance payment to the Reimbursable Receipts Team. The preferred method of payment for this agreement is via Pay.Gov.

The sponsor can use a check or credit card to provide funding in this manner and receipt-processing time is typically within 3 working days. Alternatively, the sponsor can mail the payment to the address shown below. All payments mailed to the FAA must include the Agreement number, Agreement name, Sponsor name, and project location. Payments submitted by mail are subject to receipt-processing delay of up to 10 working days.

FAA payment remittance address using USPS:

DOT/FAA/ESC
P.O. Box 25770
AMK-322 – MPB 328
Oklahoma City, OK 73125
FAA payment remittance address using Fed Ex/ UPS/USPS Priority (overnight):

DOT/FAA/ESC
AMK-322 – MPB328
6500 S. MacArthur Blvd.

Oklahoma City, OK 73169
The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as:

City of South Lake Tahoe
ATTN: John Dickinson, Airport Manager
1901 Lisa Maloff Way, Suite 100
South Lake Tahoe, CA 96150-7004
530-307-2652
[email protected]
D. The FAA will accept payments under this Article from only one of two sources:
either (1) the Sponsor or (2) a Third Party on behalf of the Sponsor, and the same source must make all required payments. If a Third Party makes the payments, then any refund due from FAA upon completion of the Agreement will be returned to that Third Party.
31 Agreement Number
AJF-ON-AAC-25-AC-007230
Non-Federal Reimbursable Agreement V97 Page 6 of 9
E. The cost estimates contained in Article 7 are expected to be the maximum costs associated with this Agreement, but may be amended to recover the FAA’s actual costs. If during the course of this Agreement actual costs are expected to exceed the estimated costs, the FAA will notify the Sponsor immediately. The FAA will also provide the Sponsor an amendment to the Agreement which includes the FAA’s additional costs. The Sponsor agrees to prepay the entire estimated cost of the amendment. The Sponsor will send a copy of the executed amendment to the Agreement to the Reimbursable Receipts Team with the additional advance payment.

Work identified in the amendment cannot start until receipt of the additional advance payment. In addition, in the event that a contractor performing work pursuant to the scope of this Agreement brings a claim against the FAA and the FAA incurs additional costs as a result of the claim, the Sponsor agrees to reimburse the FAA for the additional costs incurred whether or not a final bill or a refund has been sent.

ARTICLE 10. Changes and Amendments
Changes and/or amendments to this Agreement will be formalized by a written amendment that will outline in detail the exact nature of the change. Any amendment to this Agreement will be executed in writing and signed by the authorized representative of each party. The parties signing this Agreement and any subsequent amendment(s) represent that each has the authority to execute the same on behalf of their respective organizations. No oral statement by any person will be interpreted as amending or otherwise affecting the terms of the Agreement. Any party to this Agreement may request that it be amended, whereupon the parties will consult to consider such amendments.

ARTICLE 11. Termination
In addition to any other termination rights provided by this Agreement, either party may terminate this Agreement at any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the terminated party other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date, by giving the other party at least thirty (30) days prior written notice of termination. Payment of amounts due and owing may include all costs reimbursable under this Agreement, not previously paid, for the performance of this Agreement before the effective date of the termination; the total cost of terminating and settling contracts entered into by the FAA for the purpose of this Agreement; and any other costs necessary to terminate this Agreement. Upon receipt of a notice of termination, the receiving party will take immediate steps to stop the accrual of any additional obligations which might require payment. All funds due after termination will be netted against the advance payment and, as appropriate, a refund or bill will be issued.

ARTICLE 12. Order of Precedence [RESERVED]
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ARTICLE 13. Legal Authority
This Agreement is entered into under one or more of the following authorities: 49 U.S.C. § 106(l), 31 U.S. Code 6505 Intergovernmental Cooperation Act. Under these authorities, the Administrator of the FAA is authorized to enter into and perform such contracts, leases, cooperative agreements and other transactions as necessary to carry out the functions of the Administrator and the Administration on such terms and conditions as the Administrator considers appropriate. Nothing in this Agreement will be construed as incorporating by reference or implication any provision of Federal acquisition law or regulation.

ARTICLE 14. Disputes
Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable to resolve any dispute through good faith negotiations, the dispute will be resolved by alternative dispute resolution using a method to be agreed upon by the parties. The outcome of the alternative dispute resolution will be final unless it is timely appealed to the Administrator, whose decision is not subject to further administrative review and, to the extent permitted by law, is final and binding (see 49 U.S.C. § 46110).

ARTICLE 15. Warranties
The FAA makes no express or implied warranties as to any matter arising under this Agreement, or as to the ownership, merchantability, or fitness for a particular purpose of any property, including any equipment, device, or software that may be provided under this Agreement.

ARTICLE 16. Insurance
The Sponsor will arrange by insurance or otherwise for the full protection of itself from and against all liability to third parties arising out of, or related to, its performance of this Agreement. The FAA assumes no liability under this Agreement for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf.
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ARTICLE 17. Limitation of Liability
To the extent permitted by law, the Sponsor agrees to indemnify and hold harmless the FAA, its officers, agents and employees from all causes of action, suits or claims arising out of the work performed under this Agreement. However, to the extent that such claim is determined to have arisen from the act or omission by an officer, agent, or employee of the FAA acting within the scope of his or her employment, this hold harmless obligation will not apply and the provisions of the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., will control. The FAA assumes no liability for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. In no event will the FAA be liable for claims for consequential, punitive, special and incidental damages, claims for lost profits, or other indirect damages.

ARTICLE 18. Civil Rights Act
The Sponsor will comply with Title VI of the Civil Rights Act of 1964 relating to nondiscrimination in federally assisted programs.

ARTICLE 19. Protection of Information
The parties agree that they will take appropriate measures to identify and protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Agreement.

ARTICLE 20. Security
In the event that the security office determines that the security requirements under FAA Order 1600.72A applies to work under this Agreement, the FAA is responsible for ensuring that security requirements, including compliance with AMS clause 3.14.2.1, Contractor Personnel Suitability Requirements are met.

ARTICLE 21. Entire Agreement
This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below. In the event the parties duly execute any amendment to this Agreement, the terms of such amendment will supersede the terms of this Agreement to the extent of any inconsistency. Each party acknowledges participation in the negotiations and drafting of this Agreement and any amendments thereto, and, accordingly that this Agreement will not be construed more stringently against one party than against the other. If this Agreement is not executed by the Sponsor within 120 calendar days after the FAA transmits it to the Sponsor, the terms contained and set forth in this Agreement shall be null and void. Additionally, the FAA expects this agreement to be funded within 120 days of execution, if funding is not received by that date; the FAA may exercise the right to renegotiate estimated costs. 34 Agreement Number
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AGREED:

FEDERAL AVIATION

ADMINISTRATION

CITY OF SOUTH LAKE TAHOE

SIGNATURE SIGNATURE
NAME Michele Mustin NAME John Dickinson
TITLE Contracting Officer TITLE Airport Manager

DATE DATE
35 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 22, 2025
Agenda Item #:4
Agenda Item: Amendment No. 2 to Airport Food and Beverage Lease and Concession Agreement with Flight Deck Grill & Golf Club, LLC
Executive Summary: The new tenant has requested another extension for buildout and opening due to scheduling issues with its contractors. The Airport Manager requests that City Council authorize an amendment to the lease agreement to allow for 90 days (from amendment) to complete tenant improvements and open to the public. Due to the presence of a load-bearing wall in the visitor center area, a space reassignment is necessary. The functions of the visitor center and Office 106 will be swapped to accommodate structural constraints. Office 106 will now be designated as cold storage for the restaurant, while the current visitor center space will become Office 106 and be used for airport operations.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No. 2 to Airport Food & Beverage Lease & Concession Agreement Amendment with Flight Deck Grill & Golf Club, LLC, to extend the time for an additional 90 days to complete tenant improvements and open to the public, Also approving space change within the terminal.

Responsible Staff Member: John Dickinson, Airport Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney
Attachments:
01- Staff Report Flight Deck Golf and Grill
02- Amendment Flight Deck Golf and Grill
03- C-238-2024 Flight Deck Lease.pdf
04-C-269-2024 Amendment No. 1 to Agreement with Flight Deck.pdf 36 Council Agenda Report- April 22, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: April 22, 2025
Title: Amendment No. 2 to Airport Food & Beverage Lease & Concession Agreement with Flight Deck Grill & Golf Club, LLC
Location: Airport, 1901 Lisa Maloff Way, Suite 105 (Restaurant), South Lake Tahoe, CA 96150 Responsible Staff Member: John Dickinson, Airport Manager Background: The Airport Restaurant is located in Suite 105 encompassing an area of 3,781 SF of which 923 SF is an outdoor observation deck. Suite 105 has operated as an airport restaurant/bar since 1970.

As approved by City Council on September 10th, 2024, the Airport entered into a new lease with the Flight Deck Bar and Golf, LLC until 2029. This lease is vital the overall revenue of the Airport and helps attract pilots and other individuals.

Issue and Discussion: The Airport is seeking approval of Contract Amendment No. 2 for the restaurant to allow additional time for buildout and opening. The requested 90-day extension will accommodate the permitting and construction process. In addition, due to structural constraints caused by a load-bearing wall in the visitor center area, a reassignment of space is necessary.

Office 106 and the visitor center will exchange functions: Office 106 will be repurposed as cold storage for the restaurant, while approximately half of the current visitor center space will be redesignated as the new Office 106 for airport use.

Financial Implications: This lease has already been executed and just needs an extension to the opening date for the restaurant. There will be no financial implications resulting from the agreement amendment. The rental payments will begin according to the original terms of the agreement. Also, the space within the visitor center will become the airport space at 2.30 a square foot.

Environmental Considerations: The proposed action is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301 (Existing Facilities) because it involves the leasing of existing public facilities involving negligible or no expansion of existing or former use.

Policy Implications: The restaurant is a continuing conforming use of the airport terminal building. This lease will continue to provide revenue to the Airport and will provide additional convenience to the visitors to the Airport.
37 Council Agenda Report- April 22, 2025 Page
2 of 2
38 1
AIRPORT SUITE LEASE 105
AMENDMENT No. 2 TO FOOD & BEVERAGE LEASE AND CONCESSION AGREEMENT This Amendment to the Lake Tahoe Airport Food and Beverage Lease and Concession Agreement between the City of South Lake Tahoe (“City”) and the Flight Deck Grill & Golf Club LLC (“Lessee”), dated September 10, 2024, is entered into and effective, April 22, 2025 (“Effective Date”).

RECITALS
A. On September 10, 2024, the City Council authorized execution of the Lake Tahoe Airport Food and Beverage Lease and Concession Agreement between the City and Lessee (“Agreement”). The Agreement includes Section 4(A)(4), which requires Lessee to open the restaurant for business to the public within 60 days, and Section 4(C)(15), requiring Lessee to complete all tenant improvements listed in Exhibit E of the Agreement within 3 months.

B. Subsequently, Lessee notified City that more time is needed to complete the tenant improvements listed in Exhibit E of the Agreement because of contractor delays that are beyond Lessee’s control.

C. The parties desire to amend the Agreement to allow tenant more time to complete tenant improvements and open the restaurant for business to the public, to be extended to 90 days from the effective date of this Amendment, and to make no changes to any other terms of the Agreement.

D. Due to the structural constraints imposed by a load-bearing wall, the configuration of the office space set forth in the original Exhibit A shall be amended and superseded by the attached revised Exhibit A. Under this modification, Suite 106 shall be designated for cold storage purposes. The area formerly identified as the "Visitor Center" in the original lease shall be repurposed to support terminal operations, with approximately half of the space continuing to serve the restaurant (depicted in green), and the remaining portion (depicted in orange) designated as office space. This office space shall be leased at the rate established by the City.

AGREEMENT

1. Section 4(A)(4) of the Agreement is hereby amended to read in its entirety as follows:

LESSEE shall open for businessto the public in the Premises within ninety (90) days of the Effective Date of this Amendment.

2. Section 4(C)(15) of the Agreement is hereby amended to read in its entirety as follows:
39 2
LESSEE agrees to complete Tenant Improvements described in Exhibit “E” within ninety (90) days of the Effective Date of this Amendment.

3. Exhibit A of the Agreement is hereby amended to show in its entirety as follows:

In response to structural constraints caused by a load-bearing wall in the visitor center area, a reassignment of space is required. Office 106 and the visitor center will exchange functions:

Office 106 will now serve as cold storage for the restaurant, while approximately half of the current visitor center space will become the new Office 106, designated for City use. As shown in Exhibit A, the area highlighted in orange represents the City-leased space, and Office 106, which is circled, will be allocated to Flight Deck Grill & Golf Club LLC (“Lessee”). The total square footage will be calculated upon completion and charged in coordination with the Airport Manager.
40 3
AIRPORT SUITE LEASE 105
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: FLIGHT DECK GRILL & GOLF CLUB LLC By By
Tamara Wallace,
Mayor

APPROVED AS TO
FORM: By
Thomas McMurray, CEO
Business License #
ATTEST:

By
Heather Stroud, City Attorney Susan Blankenship, City Clerk 41 AIRPORT TERMINAL/CITY HALL
1901 Lisa Maloff Way, SOUTH LAKE TAHOE, CALIFORNIA, 965150 EXHIBIT "A" LOCATION MAP
42 AIRPORT SUITE LEASE 105

FOOD & BEVERAGE LEASE AND CONCESSION AGREEMENT
The Lake Tahoe Airport Food and Beverage Lease and Concession Agreement ("Agreement") effective as of September 10, 2024 (“Effective Date”), is entered into by and between the CITY OF SOUTH LAKE TAHOE, a California municipal corporation (“CITY”), and Flight Deck Grill & Golf Club LLC, a Nevada Limited Liability Company, as (“LESSEE”).

RECITALS
A. CITY owns, controls, and operatesthe Lake Tahoe Airport ("AIRPORT") located in the City of South Lake Tahoe, El Dorado County, State of California; and B. The CITY desires to grant the LESSEE an exclusive non-aeronautical right to operate a food and beverage concession, catering and food service at the airport. This includes a right to operate food and beverage vending machines on AIRPORT property and a right of first refusal to provide catering services to special events at the AIRPORT; and C. CITY desiresto make such services available at the AIRPORT and LESSEE is qualified, ready, willing, and able to provide such services; and
D. In consideration of the premises described in Exhibit “A” and the mutual covenants contained in this Agreement, the parties hereby agree as follows:

AGREEMENT

1. TERM
The term of this Agreementshall be for a period of five (5) years, commencing on the Effective Date, and continuing through September 9, 2029 unless earlier terminated under the provisions of this Agreement. The parties may agree to one (1) five (5) year lease extension upon mutual agreement in writing by both parties. LESSEE has no right to retain possession of the Premises beyond the expiration or termination of this Agreement. The failure of LESSEE to timely surrender the Premises shall constitute a holdover and in the event of such holdover, rent shall be immediately increased to amount equal to 150 percent of the rent applicable during the month immediately preceding the expiration or termination.

2. LEASED PREMISES
CITY hereby leases to LESSEE, and LESSEE hereby leases from CITY, the following premises, identified and shown on Exhibit A, and made a part hereof as the exclusively leased areas ("Premises"), together with the right of ingress and egress:
43 AIRPORT SUITE LEASE 105

A. Real property as described on Exhibit “A.”
B. The following personal property belonging to the CITY as described in Exhibit “B”; personal property is generally described asrestaurant fixtures and equipment (“CITY Fixtures”).

LESSEE shall be entitled to use CITY Fixtures during the term of this Agreement and shall return the same to the CITY at the end of the term in good working order.

C. Thirty (30) square feet of public space in the airport terminal building is made available to the LESSEE to install automated food & beverage vending machines. Locations for any vending machines will be established by mutual agreement between both parties. LESSEE is provided right to operate, maintain, and collect revenues from vending machines that do not exceed 30 square feet of area on common use areas of airport property.

3. PAYMENTS
A. Rent. In consideration of the rights and privileges granted by this Agreement, beginning on November 1, 2024, LESSEE agrees to pay to CITY during the term of this Agreement rent in the sum of $2000.00 per month for the first Six (6) months until May 1, 2025. Monthly rent shall be adjusted annually as follows: On May 1st of each year of the Agreement, the monthly rent shall be computed by applying the new rental amount in Exhibit “C”.

B. Time of Payment and Late Charge. LESSEE shall pay CITY at its Airport offices without reduction, abatement, deduction, offset or any prior demand therefor, commencing on the first day of the month following the Effective Date, all monthly payments provided for in the Agreement. LESSEE shall pay the rent for the first month of this Agreement, prorated to the day of the month when the Agreement is executed, upon execution of the Agreement. Any payment after the tenth (10th) of each month shall be considered late and will be assessed a late fee of $100.

All sums payable to CITY on the first day of each month in the form of a check, cash or credit card to the City’s Finance Department located at 1901 Lisa Maloff Way, Suite 210, South Lake Tahoe CA 96150, and made out to: City of South Lake Tahoe. If LESSEE shall fail to pay any amounts due pursuant to the terms of this Agreement late fees will continue to accrue monthly until the balance is paid in full and the account is made current.

C. Security Deposit. LESSEE shall deposit $5,000 with CITY upon execution of this Agreement, which sum shall be held by CITY assecurity forthe faithful performance by LESSEE of all of the terms, covenants, and conditions of this Agreement to be kept and performed by LESSEE. If at any time the rent herein reserved shall be overdue and unpaid, or any othersum payable to CITY by LESSEE hereunder shall be overdue and unpaid, CITY may, at its option, 44 AIRPORT SUITE LEASE 105

appropriate and apply all or any portion of said deposit to the payment of any such overdue rent or other sum. If LESSEE fails to keep and perform all of the terms, covenants, and conditions of this Agreement to be kept and performed by the LESSEE, then CITY may, at its option, appropriate and apply the deposit to the amount of losses or damage sustained or suffered by CITY by reason thereof. Should the entire deposit or any portion thereof be appropriated and applied by CITY as herein provided, then LESSEE shall, upon written demand of CITY, forthwith remit to CITY a sufficient payment to restore said security to the original amount. LESSEE’S failure to do so within five business (5) days after receipt of such demand constitutes a material breach of this Agreement. The LESSEE further agrees to pay a security deposit for each Airport Gate Card Key and Airport Office Key in accordance with the currently approved City Master Fee Schedule.

Rent/Security Deposit: $5,000.00 (refundable based on condition) Gate Card: $50.00 (per card refundable upon return)
Office Key: $25.00 (per key refundable upon return)
D. Taxes. The LESSEE shall pay all taxes, licenses, fees, and other lawfully levied moniesimposed as a result of thistenancy to the appropriate government entity, including any real estate taxes and personal property taxes levied upon the Premises. NOTICE IS HEREBY GIVEN THAT PURSUANT TO CALIFORNIA REVENUE AND TAXATION CODE SECTION §107.6,

THAT THIS LEASE MAY CREATE A POSSESSORY INTEREST AND, IN THAT EVENT, OCCUPANT IS

HEREBY OBLIGATED TO PAY ANY AND ALL REAL PROPERTY TAXES LEVIED ON SAID POSSESSORY INTEREST.

E. Common Area Maintenance Fee. A Common Area Maintenance Fee in the amount of $400.00 per month (the “CAM Fee”) is provided as the Airport restaurant/bar attracts the second largest customer base after the CITY to common areas of the airport terminal. These include restrooms, parking lots, and common lobby areas. As certain common areas are shared, the LESSEE agrees to pay the CITY a share of costs for the CITY providing the following services: restroom janitorial service in common area restrooms inside the airport terminal building, non-leasehold common area janitorial service inside the terminal building, replacement of HVAC intake filters, annual fire extinguisherservice (excluding the kitchen hood suppression system) and exterior parking lot/access road snow removal. The CAM Fee shall increase at a rate ofthree percent (3.0%) annually commencing each May 1st of the Agreement.

F. Utilities. LESSEE Agreesto pay the CITY for prorated share of gasfor lease area heating on CITY meter as indicated in Exhibit C and LESSSEE will pay for restaurant trade fixture gas usage on a separate gas meter, LESSEE will pay for electricity to the CITY through a submeter installed for the leasehold based on rate methodology found in Exhibit D. CITY agrees to pay for all water and sewer charges on the CITY meter. For all other utilities, LESSEE agrees to 45 AIRPORT SUITE LEASE 105

create account in LESSEE’s name in accordance with Section 7.A.

4. RIGHTS AND OBLIGATIONS OF LESSEE
A. Required Restaurant Concession Services. LESSEE is hereby granted the exclusive privilege to engage in, and LESSEE agreesto engage in, the business of providing on premises:
prepared food, and alcohol service. LESSEE agrees that it will use its good faith effort to be open and available for business between 11:30 a.m. and 9:00 p.m. daily, forthe number of days per week, during the time periods set forth as follows:

1. Seven (7) days per week: with the exception of the following holidays: Christmas Eve, Christmas Day, Thanksgiving Day, and Veterans Day.

2. If the CITY declares an emergency (blizzard conditions,flooding,fire)premisesmay close early, open late or remain closed until said CITY emergency declaration is lifted.

3. Special private party events maybe held in the restaurant no more than once per month (12 times per year)

4. LESSEE shall open for businessto the public in the Premises within sixty (60) days of the Effective Date.

B. Authorized Services. In addition to the services required to be provided by LESSEE pursuant to Paragraph 4.A, LESSEE is authorized, but not required, to provide the following services and to engage in the following activities: food catering (in-flight aircraft), food catering (event & party), live entertainment, food delivery and airport food/beverage vending services.

LESSEE shall have the right of first refusal to provide special event catering services at the AIRPORT. If LESSEE does not respond to a catering services request by providing a proposal within 48 hours,then AIRPORT may arrange to have a different vendor provide those services.

C. Operating Standards. In providing any of the required and/or authorized services or activitiesspecified in this Agreement, LESSEE shall operate for the use and benefit of the public and shall meet or exceed the following standards:

1. LESSEE shall provide for both prepared cooked food and beverage services. LESSEE shall have sole discretion on food menu items and pricing forsaid menu items. The LESSEE must provide for cooked, prepared food offeringsto the public at large and cannot operate solely as a bar-beverage only establishment. Beverage service should offer a choice of alcoholic and non-alcoholic offerings.

2. LESSEE shall furnish service on a fair, reasonable, and nondiscriminatory basis to all users of the Airport. LESSEE shall charge fair, reasonable, and nondiscriminatory prices for each unit of sale or service; provided, however, that LESSEE shall be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions.
46 AIRPORT SUITE LEASE 105

3. LESSEE shall have at least one employee staffed at its operations at the Airport during the hours set forth in Paragraph 4(A). Such employee shall be qualified and experienced, and vested with full power and authority to act in the name of LESSEE with respect to the method, manner and conduct of the operation provided under this Agreement. Such employee shall be available at the Airport during the hours set forth in Paragraph 4(A).

4. LESSEE shall provide, at its sole expense, a sufficient number of employees to provide effectively and efficiently, the services required or authorized by this Agreement.

5. LESSEE shall control the conduct, demeanor, and appearance of its employees, who shall be trained by LESSEE and shall possess such technical qualifications and hold such certificates required by any government authority in carrying out assigned duties. Itshall be the responsibility of LESSEE to maintain close supervision over its employees to assure a high standard of service to customers of LESSEE.

6. LESSEE shall comply with all federal, state, and local laws, rules and regulations which may apply to the conduct of the business contemplated, including rules and regulations promulgated by CITY, including the prohibitions on use of polystyrene food containers and single-use plastic utensils and single-use water bottles in Chapter 4.175 of the South lake Tahoe City Code, and LESSEE shall maintain in effect and post in a prominent place all necessary and/or required licenses or permits including a California Liquor License.

7. LESSEE shall accept customer payment via cash, Visa, and Master Card at a minimum.

8. LESSEE must obtain a California Liquor License before serving any beverages for which a liquor license is required.

9. LESSEE shall be responsible for the maintenance and repair of the Premises and shall keep and maintain the Premises in good condition, order, and repair, and shall surrender the same upon expiration of this Agreement, in the condition in which they are required to be kept, reasonable wear and tear and damage by the elements not caused by LESSEE’S negligence excepted.

10. It is expressly understood and agreed that, in providing required and authorized services pursuant to this Agreement, LESSEE shall have the right to choose, in its sole discretion, its vendors and suppliers.
47 AIRPORT SUITE LEASE 105

11. LESSEE shall not store materials or supplies at the Airport outside of any buildings.

LESSEE is responsible to provide for its own restaurant trash removal by setting up a commercial account with South Tahoe Refuse and is responsible to clean out the restaurant grease interceptor when full over the duration of the Agreement. The grease interceptor should be returned cleaned out at the termination of this Agreement.

12. LESSEE shall make no unlawful use of the Airport, nor commit or suffer or permit waste, excessive noise, obnoxious odors, excessive dust, or any other nuisance at the Airport.

13. LESSEE agreesto keep the Premises clear and free of all litter, garbage, debris, and refuse, and to keep such premises and area in an orderly and sanitary condition at all times.

14. LESSEE shall make a good faith effort to mitigate any and all impacts on CITY and CITY’S employees, guests, invitees, and other Tenants from LESSEE’S activities, including but not limited to noise, vibration, odor,steam, or other emissions. If CITY determines, in the reasonable exercise of its discretion, that LESSEE has failed to mitigate the impact of LESSEE’S activities after reasonable attempts, it is understood that CITY may reasonably restrict LESSEE'S activitiesthat negatively impact others.

15. LESSEE agrees to complete Tenant Improvements described in Exhibit “E” within 3 months of the Effective Date.

D. Maintenance of Books and Records; CITY’s Right to Audit. LESSEE shall prepare and maintain for inspection tax recordsrelated to the business(es) granted under this Agreement.

LESSEE shall make tax records and accounting records available for inspection by the CITY and its designated representatives within reasonable notice by CITY. Tax records and accounting records related to the LESSEE’s business activities on Premises shall be maintained for the full duration of the Agreement. The CITY and its designated representativesshall have the right to inspect the same when notice is provided in writing. City shall have the right, but not the obligation, to cause an annual audit to be conducted by an auditor selected by CITY, including any employee or contractor of CITY, of LESSEE's books, records and accounts relating to the Premises including, without limitation, all federal,state, county, or city reports and income and other tax returns, bank statements, operating manuals and procedures, sales receipts, active and inactive files, general ledgers, invoices, rental orders and check registers. LESSEE shall cooperate with and shall provide all information requested by such auditor and shall make LESSEE's employees available to cooperate with and provide all information requested by that auditor. All LESSEE financial records and documents will remain confidential to the extent allowable under the California Public Records Act. 48 AIRPORT SUITE LEASE 105

5. USE OF AIRPORT FACILITIES.

LESSEE shall be entitled, in common with others so authorized, to the use of all facilities and improvements of a public nature which now are appurtenant to the Airport. LESSEE’s employees and customers have use of the main public parking lot directly West of the airport terminal building. There is no overnight parking or long-term storage of vehicles allowed by LESSEE’s employees or patrons. Abusing vehicle parking privileges may result in removal and impounding of offending vehicle(s).

6. MAINTENANCE,ALTERATIONS, LEASEHOLD IMPROVEMENTS, SIGNSANDTRADE FIXTURES A. Maintenance and Repairs. LESSEE has had the opportunity to inspect the Premises and accepts the Premises, as well as the improvements thereon, “as-is” in their present condition and acknowledges that the Premises and the improvements are in good, clean, safe, and tenantable condition as of the date of the Lease. CITY owns CITY Fixtures. The LESSEE may, but is not required, to use the CITY Fixturesin the conduct of the LESSEE’s business at the Premises.

The LESSEE acknowledges the condition of all CITY Fixtures are operational and provided “asis” and “where-is” without warranty. The CITY shall have no obligation to maintain, repair, or replace any of the CITY Fixtures and it shall be the LESSEE’s responsibility to provide its own furniture, fixtures, and equipment in the operation of its business. If the LESSEE electsto use CITY Fixtures, LESSEE shall use care in operating the equipment, the LESSEE shall keep clean CITY Fixtures, and shall be responsible for and pay the costs of any damage to CITY Fixtures caused by the LESSEE occurring during the term of the Lease. There shall be no abatement, offset orreduction of rent related to the maintenance or upkeep of any of the CITY Fixtures by the LESSEE or the LESSEE’s choice to purchase any of its own Restaurant Trade Fixtures. CITY, at CITY’s cost and expense, shall maintain in good condition and repair the exterior roof, exterior walls, plumbing systems, HVAC systems, structural supports, and foundations of the Premises, provided that CITY shall not be liable for any damage to LESSEE or the property of LESSEE resulting from CITY’s failure to make any repairs required by this section unless written notice of the need for such repairs has been given to CITY by LESSEE and CITY has failed for a period of thirty (30) days after the receipt of such notice to make such repairs. Except as otherwise expressly provided herein, LESSEE shall, at LESSEE’S own cost and expense, keep and maintain all portions of the Premises, as well as all improvements on said Premises, in good order and repair and in a safe and clean condition as they were when received from CITY, reasonable wear and tear excepted. CITY shall have no obligation to repair, maintain or restore the Premises or to maintain any security or policing against theft, vandalism, malicious 49 AIRPORT SUITE LEASE 105

mischief, riot, social disorders, or other public offenses. Notwithstanding anything to the contrary herein, CITY will provide the following minimum services during the term of the Lease:

Restroom janitorial service to all publicly available facilities inside the airport terminal building (excluding leasehold) at least once daily with the exception of City Holidays and during a City emergency declaration, non-leasehold area public common area janitorial service including litter removal in parking lot, replacement of HVAC intake filters, annual fire extinguisherservice (excluding the kitchen hood suppression system) and snow removal in the parking lot and walkways as set forth in Paragraph 6H. Such services shall be provided at such times CITY deems necessary.

B. CITY Repairs Caused by LESSEE Actions. LESSEE shall repair any area damaged by LESSEE, LESSEE’s agents, employees, invitees, and visitors whether through active or passive negligence. Should LESSEE fail, neglect or refuse to do so, the CITY shall have the right, but not the obligation, to perform such maintenance or repairs for the LESSEE’s account, and the LESSEE agrees to promptly reimburse the City for the reasonable, out-of-pocket cost thereof (plus an additional twenty percent (20%) for overhead), provided, however, that the CITY shall first give LESSEE ten (10) days' written notice of its intention to perform such maintenance or repair. City shall not be obligated to make any repairsto or maintain any improvements on the Premises unless otherwise required by this Agreement. LESSEE shall be given reasonable notice when any such work may become necessary and will reasonably adjust operations to permit CITY to proceed expeditiously with such work. Subject to CITY’s maintenance and repair obligations as expressly set forth above, CITY shall not be liable to LESSEE for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of LESSEE’s use of the Leased Premises during any repairs by CITY. LESSEE waives any right to repair the Premises at the expense of City under any applicable law.

C. Alterations; Removal of Lessee-Installed Property. Except for the Tenant Improvements described in Exhibit “E,” LESSEE shall make no alterations, decorations, additions, or improvements in the Premises or otherwise at the Airport without CITY’S prior written consent. All alterations, additions or improvements made by LESSEE at the Airport shall, unless CITY elects otherwise, as hereinafter provided, be the property of LESSEE and shall be removed by LESSEE, at LESSEE’S expense upon the expiration or termination of this Agreement. If CITY elects (upon written notice to LESSEE of such election given prior to the expiration or termination of this Agreement) that all or a designated portion of the alterations, additions, or improvements made by LESSEE shall remain on the Premises at expiration or termination of this Agreement, then said alteration, additions or improvementsshall become CITY’s property at no cost to CITY. Notwithstanding the foregoing; however, it is understood and agreed that LESSEE is entitled to any and all tax benefits associated with the use or relinquishment ofsuch additions or improvements. Machinery, equipment, and trade fixtures installed by LESSEE in the Premises shall not be considered "alterations, additions or improvements" subject to the foregoing provisions and shall be removed from the Airport by LESSEE on or before expiration or termination of this Agreement, provided any damage to 50 AIRPORT SUITE LEASE 105

CITY’s property resulting from such removalshall be repaired orrestored at LESSEE’S expense.

All alterations, additions and improvements made by LESSEE shall be done in a workmanlike manner, with good materials, and in full compliance with all applicable CITY building codes, laws, ordinances, regulations, and directions of public agencies having jurisdiction, and free and clearfrom any and all liens, claims and demandsfor work performed, materialsfurnished, or operations conducted on the Premises.
a. Compliance with Prevailing Wage Laws. LESSEE acknowledges and agrees that LESSEE shall be responsible for complying with the California Prevailing Wage Law, including Labor Code sections 1720 et seq, for any construction, alteration, demolition, installation, and repair work as follows: (a) LESSEE to cause such work to be performed as a "public work," including, but not limited to, the payment of applicable prevailing wages to the all persons or entities subject to the California Prevailing Wage Law; (b) LESSEE shall cause all persons and/ or entities performing "public work" under the Agreement to comply with all applicable provisions of the California Prevailing Wage Law; (c) CITY is not responsible for LESSEE’s failure to comply with any applicable provisions of the California Prevailing Wage Law; (d) LESSEE's alleged or actual violations of the California Prevailing Wage Law shall constitute an event of default under the Agreement; and (e) LESSEE shall defend and indemnify City and its officers, employees, council members and agents from and against any and all claims, assessments, back-wages, penalties, change orders, suits, liability, judgments, damages, proceedings, orders, directives, costs, including reasonable attorneys' fees, arising from or relating to any actual or alleged violations of the California Prevailing Wage Law, or other application of laws, ordinances or regulations, by any person or entity, including but not limited to LESSEE, performing construction, alteration, demolition, installation, repair and/ or any other type of work contemplated under the Agreement.

D. Signs. LESSEE shall be entitled to maintain signs advertising its services in accordance with Tahoe Regional Planning Agency and CITY sign standards. CITY reserves the right to remove any sign erected by LESSEE and provided, further, thatsuch signs maintained by LESSEE shall be at such locations as CITY Development Services shall designate in advance in writing through a permit application and shall be of such type, design, color, size, composition, and material acceptable to and approved by the CITY Development Services Department in itssole discretion. All of LESSEE’S signs shall be maintained in good order, condition, and appearance during the term of this Agreement and shall be removed from the Airport by LESSEE at LESSEE’S sole expense on or before the expiration or other termination of this Agreement. LESSEE shall restore the premises to its pre-sign installation condition when it removes any sign.

E. LESSEE Owned Trade Fixtures. During the term of this Agreement, LESSEE shall have the right, at its expense, to place in or on the Premises trade fixtures, furnishings, personal 51 AIRPORT SUITE LEASE 105

property, equipment, and materials necessary to perform any servicesrequired or authorized hereunder. Said trade fixtures, furnishings, personal property, equipment, and materialsshall remain the property of LESSEE. Any LESSEE owned trade fixtures must be removed from the Premises at the termination of the Agreement pursuant to Paragraph 18.b.1.

F. CITY Owned Trade Fixtures. CITY owned personal property and trade fixtures are fully described in Exhibit “B” attached to this Agreement and have reoccurring service requirements.

These trade fixture specific service schedules are listed on Exhibit “B”. All required servicing is the financial responsibility of the LESSEE. The LESSEE must use a licensed and bonded professional contractor to perform servicing and repair of CITY owned personal property described in Exhibit “B”. LESSEE must maintain records of servicing CITY owned personal property fully described on Exhibit “B” for the duration of this Agreement. The CITY reserves the right to inspectservice recordsfor CITY owned personal property described in Exhibit “B”.

Failure of LESSEE to adhere to service schedule or repair CITY owned personal property may result in the CITY requiring LESSEE to purchase new replacement property of similar nature.

G. Restaurant Grease Interceptor/Trap. The CITY shall initially deliver to the LESSEE the Airport restaurant grease interceptor cleaned out and serviced for immediate use. After the initial delivery of possession of the Premises to LESSEE, LESSEE shall contract for routine servicing of the grease interceptor exclusively serving the Premises by a licensed contractor for such work in California. Repair and/orreplacement of the grease interceptor during the term of this Agreement shall be the responsibility of LESSEE.

H. Snow Removal. CITY shall provide snow removal forthe outside areas contained within the Premises. Such snow removal shall be provided on an as-available basis subject to the CITY priority schedule based on 3 inches or more observed snow depth. Snow removal will not occur when observed snow levels are less than 3 inches deep. The CITY agreesto remove snow from the main public parking lot, pedestrian access to/from main public parking lot, Lisa Maloff Way, and airport curb including ADA compliant parking stalls. LESSEE understands and agrees that CITY snow removal equipment (snowplows, snow blowers, shovels, etc.) is not available for LESSEE use.

I. Refuse Removal. LESSEE agrees to contract with South Tahoe Refuse to lease a dumpster for exclusive use by the LESSEE. The LESSEE may not use CITY owned dumpsters or recycling bins for LESSEE waste streams. Furthermore, the LESSEE acknowledgesthat there is brown bear activity in the area and that LESSEE refuse must be secured in a bear proof dumpster to prevent unwanted access. LESSEE is responsible to clean up waste when LESSEE fails to secure LESSEE dumpster from infiltration by wildlife.

J. Pest Control Services. LESSEE is responsible for all costs related to continual or event specific pest and rodent controlservicesin the Premises. The CITY providesfor on-going rodent controlservices in common use areas and CITY specific areas of the airport terminal building. 52 AIRPORT SUITE LEASE 105

7. UTILITIES
A. Utilities. LESSEE agreesto pay the cost of all utilitiesserving the Premises, including but not limited to a prorated share of natural gas on the CITY meter, the share of electricity from the CITY meter as measured monthly from a sub-meter installed for the leasehold area specifically, telephone services, and internet, cable including connection charges. LESSEE shall place said utilities in its own name where they are not sharing a CITY meter. LESSEE shall pay its pro-rata share of such utilities which remain in the name of the CITY. Premises utilities are connected in the following manner: Rooftop Air Conditioning is on CITY Meter, Restaurant Gas Furnace is on CITY Meter, Restaurant Electrical Outlets and Premises Lighting is on CITY subelectrical meter, Restaurant Fixtures (Kitchen Gas for Stove, Oven, Fryer) is on LESSEE Gas Meter. LESSEE hereby expressly waives any and all claims for damage against CITY arising from failure or interruption of utility services, including but not limited to, electricity, gas, water, plumbing, sewage, heat, ventilation, or air conditioning, or from construction activities at the Airport. Provided, thatsuch interruption is not caused by the intentional act or omission of CITY or its authorized representative. This Agreementshall continue in full force and effect despite any such interruptions.
i. LESSEE Agrees to Pay the CITY Monthly for Gas provided on CITY Meter for Premises Gas Furnace Heating. Monthly charges are fixed and outlined in Exhibit C.
ii. LESSEE Agreesto Pay the CITY monthly for electricity provided on CITY SubMeter for Premises based on usage. Monthly rates during contract period are outlined in Exhibit D.
iii. The CITY agreesto provide water and sewerservice at no additional charge to LESSEE and is inclusive in the rent consideration.

LESSEE Agrees to Pay for Gas charges for restaurant trade equipment on a separate meter.

8. HAZARDOUS SUBSTANCES
Hazardous Substances. The provisions ofthis Section, which govern LESSEE’S obligationswith regard to hazardous substances, as defined below,shall survive termination of this Agreement.

A. Definition of Hazardous Substance. For purposes of this Agreement, "Hazardous Substances" is defined to mean any substance, material, or waste, including asbestos and petroleum (including crude oil or any fraction thereof), which is or becomes designated, classified, or regulated as being "toxic", "hazardous", a "pollutant", orsimilar designation under any federal, state or local law, regulation or ordinance. 53 AIRPORT SUITE LEASE 105

B. Indemnity Regarding Hazardous Substances. LESSEE agrees to indemnify and hold CITY harmless from and against all liabilities, claims, actions, foreseeable and unforeseeable consequential damages, costs and expenses(including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of LESSEE’S counsel) or loss directly or indirectly arising out of or resulting from the presence of any Hazardous Substances as a result of LESSEE’S or any sub-LESSEE’S activities, in or around any part of the property or the soil, groundwater or soil vapor on or under the property, including those incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work, or any resulting damages or injuriesto the person or property of any of their parties or to any natural resources. Upon demand by CITY, LESSEE shall defend any investigation, action or proceeding alleging the presence of any Hazardous Substances in any such location, which affects the property, or which is brought or commenced against CITY, whether alone or together with LESSEE or any other person, all at LESSEE’S own cost and by counsel to be approved by CITY in the exercise of itsreasonable judgment. In the alternative, CITY may elect to conduct its own defense at the expense of LESSEE.

C. Compliance Regarding Hazardous Substances. LESSEE shall comply and cause all occupants of the Leased Premises to comply, with all laws, regulations, and ordinances governing or applicable to Hazardous Substances as well as the recommendations of any qualified environmental engineer or other expert which apply or pertain to the Premises.

LESSEE acknowledges that Hazardous Substances may permanently and materially impair the value and use of the Premises.

LESSEE shall not allow the installation or release of hazardous substances in, on, under or from the Premises. For the purposes of this provision, a release shall include, but not be limited to, any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leeching, dumping, or otherwise disposing of hazardous substance.

D. Notice Regarding Hazardous Substances. LESSEE shall promptly notify CITY if it knows, suspects, or believes, there may be any Hazardous Substancesin or around the Premises, or in the soil, groundwater, or soil vapor on or under the property, or that LESSEE or the Premises may be subject to any threatened or pending investigation by any governmental agency under any law, regulation or ordinance pertaining to any Hazardous Substances.

LESSEE shall give written notice to the CITY within five (5) days of receipt ofsuch knowledge or cause for belief. Provided, however, if LESSEE knows, or has reasonable cause to believe that such substance is an imminent and substantial danger to public health and safety, LESSEE shall notify the CITY promptly upon receipt of this knowledge or belief and shall take all acts necessary to alleviate such danger. LESSEE will notify the CITY promptly of any notice of violation received or initiation of environmental action or private suitsrelative to the Premises.

E. SiteVisits,Observations, and Testing. CITY and its agents and representativesshall have 54 AIRPORT SUITE LEASE 105

the right at any reasonable time to enter and visit the Premises for the purposes of observing the Premises, taking, and removing solid or liquid samples, and conducting tests on any part of the Premises. Such entry shall be during normal business hours except for emergencies. CITY is under no duty, however, to visit or observe the Premises or to conduct tests. No site visit, observation or testing by CITY shall result in a waiver of any default of LESSEE or impose any liability on CITY. In no event shall any site visit, observation or testing by CITY be a representation that Hazardous Substances are or are not present in, on or under the Premises, or that there has been compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither LESSEE nor any other party is entitled to rely on any site visit, observation or testing by the CITY. CITY shall not be obligated to disclose to LESSEE or any other party any report or finding made as a result of, or in connection with, any site visit, observation or testing by CITY. In each instance, CITY shall give LESSEE reasonable notice before entering the Premises or any other place CITY is permitted to enter under this Section. CITY shall make reasonable effortsto avoid interfering with LESSEE’S use of the Premises or any other property in exercising any right provided in this Section.

9. INDEMNIFICATION AND INSURANCE
A. Indemnification. LESSEE covenants and agrees to indemnify, protect, defend, and hold harmless CITY and its agents, employees, officers, affiliates, and representatives (collectively, “CITY Parties”) from and against any and all losses, claims, demands, damages, liabilities, actions, judgments, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or resulting from (a) the negligent or willful acts or omissions of LESSEE, its agents, contractors, subcontractors, or employees, (b) any breach of any obligation, covenant, representation, or warranty of LESSEE under this Agreement, or (c) the use and operation of the Premises during the term of this Agreement. The foregoing shall not apply to any loss, claim, damage, liability, action, judgment, cost, or expense to the extent arising out of or resulting from any negligence or willful misconduct of any CITY Party. LESSEE’s obligations under this section shall survive the expiration or termination of this Agreement.

B. Required Insurance. LESSEE shall obtain and maintain continuously in effect at all times during the term of this Agreement, at LESSEE’S sole expense, the following insurance:

1. Workers’ Compensation Coverage. LESSEE 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, LESSEE shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by CITY at least thirty (30) days prior to 55 AIRPORT SUITE LEASE 105

such change. LESSEE 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 volunteersfor losses arising from work performed by LESSEE for CITY.

2. Automobile Liability Coverage. LESSEE shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the LESSEE arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not lessthan one million dollars($1,000,000) combined single limitfor each occurrence.

3. Commercial Liability Coverage. LESSEE shall maintain in full force and effect for the period covered by this Agreement, commercial general liability insurance. This insurance shall include, but shall not be limited to, comprehensive general liability insurance providing protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from any act or occurrence arising out of LESSEE’s operationsin the performance of this Agreement. The policy shall provide not less than single limit coverage applying to bodily and personal injury, including death resulting therefrom, and Property damage in the minimum amounts of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000.00) per aggregate. The insurance shall include coverage for the following: (i) Premises/Operations; (ii) Contractual; (iii) Broad Form Property Damage and (iv) Personal Injury.

4. Leasehold Improvements. During the Term, LESSEE shall maintain in full force and effect on all leasehold improvements installed by LESSEE after the Effective Date, interior and exterior signage, fixtures, merchandise, and other personal property from time to time in, on or upon the Premises, fire and extended coverage insurance in the amount of the full replacement value thereof containing sprinkler leakage, replacement cost and inflation endorsements, and providing for no deductible in excess of two thousand dollars ($2,000) per loss. All proceeds from the insurance required pursuant to this subsection shall be used for the repair or replacement of the property damaged or destroyed. Both CITY and LESSEE shall be named as co-insured’s asto coverage of leasehold improvements, and alterations, though not as to LESSEE’s personal property. CITY shall maintain similar fire and extended coverage insurance upon the building presently located upon the Premises in the amount of the full replacement value thereof containing sprinkler leakage, replacement cost and inflation endorsements.

5. 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:
56 AIRPORT SUITE LEASE 105

i. CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to LESSEE’s operations under LESSEE’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 LESSEE, 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. Thisinsurance shall act for each insured and additional insured asthough a separate policy had been written for each, except with respect to the limits of liability of the insuring LESSEE.
iv. The insurer waives allrights ofsubrogation against CITY except for LESSEE’s Commercial 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 Lessee shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City (10 days’ notice in case of non-payment of premium).

6. Deductibles and Self-Insured Retentions. The LESSEE shall be responsible for all deductibles in all of LESSEE’s insurance policies. The amount of deductibles for insurance coverage required herein shall be reasonable in keeping with LESSEE’s general operations.

7. Certificates of Insurance. LESSEE shall provide certificates of insurance with original or copies of endorsements to CITY as evidence of the insurance coverage required herein. LESSEE shall not commence work under this Agreement until all insurance required under this section has been approved by CITY as to form, amount, and carrier, nor shall LESSEE allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent 57 AIRPORT SUITE LEASE 105

limits of the subcontractor has been so obtained and approved.

10. FEDERAL AVIATION ADMINISTRATION REQUIREMENTS
A. Asthe facility where the Premisesislocated primarily serves as a public airport, the LESSEE shall comply with the following procedures adopted by the City of South Lake Tahoe which comply with the Federal Aviation Administration’s requirements:
i. Lake Tahoe Airport Rules and Regulations
ii. Lake Tahoe Airport Minimum Standards
iii. Lake Tahoe Airport Policies and Procedures
iv. Airport Security Plan (if required for commercial air operations)

11. NOTICES
A. 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: Airport Manager
City of South Lake Tahoe
1901 Lisa Maloff Way.

South Lake Tahoe, CA 96150
Tel: (530) 542-6182
Email: [email protected]
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
Tel: (530) 542-7478
Email: [email protected]
If to Lessee: Thomas McMurray
P.O. Box 6210
Stateline, NV 89449
Tel: (949) 322-4276
Email: [email protected]

12. CASUALTY
58 AIRPORT SUITE LEASE 105

A. Damage or Destruction of CITY Premises. In the event that any fixed improvements erected on the Airport by CITY are damaged or destroyed by fire or other casualty, the rent hereunder shall not abate provided the Premises are not rendered untenantable by such damage. If the Premises are rendered untenantable, and CITY electsto repair the Premises, the rent shall abate for the period during which such repairs are being made, provided the damage was not caused by acts or omissions of LESSEE, its employees, agents, or invitees, in which case the rent shall not abate. If the Premises are rendered untenantable and CITY elects not to repair the Premises this Agreement shall terminate.

A. Damage or Destruction of LESSEE Premises. In the event of damage to or destruction caused by the negligent or intentional act of LESSEE, of LESSEE-constructed improvementslocated within the Premises or in the event LESSEE-constructed improvements located within the Premises are declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, LESSEE shall, within ninety (90) days of such damage, destruction or declaration commence and diligently pursue to completion the repair, replacement, or reconstruction of improvements necessary to permit full use and occupancy of the Premises for the purposes required by this Agreement. Repair, replacement or reconstruction of improvements within the Premises shall be accomplished in a manner and according to plans approved by CITY.

13. CONDEMNATION
A. Power of Eminent Domain. If all or any part of the Premises is taken by any public or quasi-public agency or entity under the power of eminent domain during the term of this Agreement:
i. Either CITY or LESSEE may terminate this Agreement by giving the other thirty (30) days' written notice of termination; provided, however, that LESSEE cannot terminate this Agreement unless the portion of the Premises taken by eminent domain isso extensive asto render the remainder of the Premises uselessfor the uses permitted by this Agreement.
ii. If only a portion of the Premisesistaken by eminent domain and neither CITY nor LESSEE terminatesthis lease, the rent thereafter payable under this Agreement shall be reduced by the same percentage that the floor area of the portion taken by eminent domain bears to the floor area of the entire Premises. iii. If any portion of the Airport other than the Premisesistaken by eminent domain, CITY may, at its option, terminate this Agreement by written notice to LESSEE. iv. Any and all damages and compensation awarded or paid because of a taking of the Premisesshall belong to CITY, and LESSEE shall have no claim against CITY or the entity exercising eminent domain power for the value of the unexpired term of this Agreement or any other right arising from this Agreement. 59 AIRPORT SUITE LEASE 105

14. LESSEE AS INDEPENDENT CONTRACTOR
A. In conducting its business, LESSEE acts as an independent contractor and not as an agent, partner, or joint venture of the CITY. The selection, retention, assignment, direction, and payment of LESSEE’S employees shall be the sole responsibility of LESSEE, and CITY shall not attempt to exercise any control over the daily performance of duties by LESSEE’S employees.

15. [RESERVED]

16. ASSIGNMENT AND SUBLETTING
A. Assignment and Subletting. Without CITY’s written consent, with such consent not to be unreasonably withheld or delayed, LESSEE shall not assign, transfer, sublease, pledge, surrender, or otherwise encumber, or dispose of this Agreement or any estate or right created by this Agreement, or any interest in any portion of the same, or permit any other person or persons, company, or corporation to occupy the Premises except to a subsidiary, affiliate, or other entity where the beneficial ownership is substantially similar to that of LESSEE. This Agreement is non-transferable. Except as provided above, any attempt to transfer this Agreement from LESSEE by merger, consolidation, or liquidation, or the sale, conveyance, transfer by bequest or inheritance, or other transfer of a controlling interest in LESSEE shall constitute a default and termination of the Agreement.

17. PERMITS AND REGULATIONS
A. Permits.

1. LESSEE shall be solely responsible for, obtain and pay for any and all permits required by all federal, state, and local governmental entities for any and all work on alterations, additions modifications, installations, or improvements accomplished by LESSEE or by others on behalf of or for the benefit of LESSEE, or caused or allowed to be accomplished by LESSEE on the Premises. Any consent of CITY required under this Agreementshall be separate from any other consents or approvals required by any federal, state, or other governmental agency.

2. It is expressly agreed that LESSEE allowing a subcontractor, independent contractor or other third party not an employee of LESSEE to utilize the Premises for LESSEE’S permitted business obligations shall not constitute an assignment or subletting but that allowing such person to utilize the Premises for other than LESSEE’S permitted business obligations on the Premises shall constitute a sub-lease and is prohibited.

B. Acceptance of Leased Premises. CITY is not obligated to make any improvementsto the Premises. LESSEE acknowledges having inspected the Premises, including plumbing, electrical, and mechanical systems and those fixtures, furniture and equipment set forth in Exhibit “B” 60 AIRPORT SUITE LEASE 105

attached hereto, and accepts the same AS-IS, WHERE-IS in their current condition as being suitable for the uses intended of the Premises as set forth herein. No representation, statement, or warranty, expressed or implied, is or shall be made by or on behalf of CITY as to the Premises’ condition, or as to the use that may be made of the Airport Terminal Building unless specifically set forth in writing. LESSEE releases CITY from any responsibility for any representation that may have been made to the LESSEE about the Premises and the Airport Terminal facility that is not specifically set out in this Agreement.

C. Compliance with Governmental Requirements. LESSEE shall, at LESSEE’S sole cost and expense, comply with all rules, regulations, ordinances, statutes, and laws of all counties, municipal,state, local, federal and other governmental authorities, now or hereafter in effect pertaining to the Airport, the Premises, or LESSEE’S use thereof. LESSEE shallspecifically ensure that all of LESSEE’S employees have proper Worker’s Compensation coverage in effect at all times.

Compliance with City Regulations. LESSEE shall at LESSEE’S sole cost and expense at all times during the term of this Agreement or any renewal or extension thereof comply with and observe all rules, regulations, ordinances, and laws which have been or may be promulgated by CITY relating to the Premises and the use of the facilities of the Airport including all fire regulations, safety regulations, noise control regulations and security regulations. Such rules and regulations are hereby made a part of this Agreement and LESSEE’S failure to keep and observe the rules and regulations shall constitute a breach of the terms of this Agreement in like manner as if the same were contained herein as covenants and conditions. CITY reserves the right to amend or supplement the rules and regulations and to adopt additional rules and regulations applicable to the Premises, to LESSEE’S use of the Premises, and the use of the facilities of the Airport. CITY shall have no obligation to LESSEE as a result of the violation of any such rules by any other person.

18. DEFAULT AND TERMINATION
A. General. This Agreement may be terminated by CITY or LESSEE immediately for cause or without cause upon thirty days (30) days written notice of termination. 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. Upon termination,revocation or expiration of this Agreement, LESSEE shall discontinue the use of the Premises and, upon written notice from CITY, remove from the Premises all personal property.

LESSEE shall restore the Premises as nearly as possible to the condition in which they existed immediately prior to the execution of this Agreement reasonable wear and tear or maintenance required to be made by CITY hereunder, damage by casualty, or taking by condemnation excepted. Property of LESSEE not removed from the Premises within 60 days after the termination, revocation, or expiration of this Agreement, shall become the property of the CITY. If this Agreement is terminated, CITY shall have all of the rights and remedies of a landlord provided by Civil Code section 1951.2, in addition to any other rights and remedies CITY may have. The damages which CITY may recover shall include without limitation; (i) the 61 AIRPORT SUITE LEASE 105

worth at the time of award of the unpaid rent which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceedsthe amount of the rental that LESSEE proves could have been reasonably avoided; (iii) the worth at the time of award computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%) of the amount by which the unpaid rent forthe balance of the term afterthe time of award exceedsthe amount of rental lossthat Lessee proves could be reasonably avoided; (iv) all reasonable out-of-pocket legal expenses and other related costsincurred by CITY following LESSEE’s default; (v) all reasonable costsincurred by CITY in restoring the Premises in good order and condition to re-lease the Premises; and (vi) all reasonable costs, including without limitation, any brokerage commissions incurred by CITY in re-leasing the Premises.

B. Surrender.

1. Trade Fixtures. E x c e p t f o r th e i te m s l i s te d i n E x hi bi t E , w hi c h are t o r e m ai n o n t h e P re mis e s , LESSEE shall, at the termination of this Agreement, remove all LESSEE’s equipment, inventory, personal property, trade fixtures, and the like from the Premises and the Airport Terminal Building, repair any damage caused by such removal and shall deliver to CITY the Premises and all Improvements thereto, in the same condition they were at the commencement of the term, or as they were added pursuant to this Agreement during the term of this Agreement, reasonable wear and tear excepted. In the event of LESSEE’s failure to remove any of LESSEE’s equipment, inventory, personal property, trade fixtures and the like at LESSEE’s expense within ten (10) days after expiration or termination hereof, Airport may retain the same under CITY’s control, or sell at private or public sale, without notice, any or all of such property and retain the net proceeds of such sale or destroy such property.

2. Improvements. Except for the items listed in Exhibit E, which are to remain on the Premises, all alterations, additions or improvements made by LESSEE at the Airport shall, unless CITY elects otherwise, as hereinafter provided, be the property of LESSEE and shall be removed by LESSEE, at LESSEE’S expense upon the expiration or termination of this Agreement. If CITY elects (upon written notice to LESSEE of such election given prior to the expiration or termination of this Agreement) that all or a designated portion of the alterations, additions, or improvements made by LESSEE shall remain on the Premises at expiration or termination of this Agreement, then said alteration, additions or improvements shall become CITY’s property at no cost to CITY.
62 AIRPORT SUITE LEASE 105

3. Amortization Schedule. LESSEE has agreed to make Tenant Improvements to the Premises as set forth in Exhibit E. If CITY terminates the agreement within initial five-year Term, CITY shall compensate LESSEE for the value of the Tenant Improvements based on the following amortization schedule, upon LESSEE’s production of receipts to verify the total amount spent on the Tenant Improvements in Exhibit E met or exceeded $593,000. If receipts total less than this amount, compensation to LESSEE shall be prorated accordingly. CITY shall provide no compensation to LESSEE under this amortization schedule if LESSEE terminates the agreement.

Year 1 (Sept. 10, 2024-
Sept. 9, 2025)
$593,000.00
Year 2 (Sept. 10, 2025-
Sept. 9, 2026)
$474,400.00
Year 3 (Sept. 10, 2026-
Sept. 9, 2027)
$355,800.00
Year 4 (Sept. 10, 2027-
Sept. 9, 2028)
$237,200.00
Year 5 (Sept. 10, 2028-
Sept. 9, 2029)
$118,600.00

19. MISCELLANEOUS PROVISIONS
A. 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.

B. Controlling Law Venue. This Agreement and all mattersrelating to itshall 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.

C. Headings. The headings used in this Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement.

D. Access by CITY. LESSEE shall permit CITY and its agents to enter the Premises at all reasonable times upon reasonable notice for any appropriate purpose, including, without limitation, the following purposes:

1. To inspect the Premises:

2. To maintain the Airport;
63 AIRPORT SUITE LEASE 105

3. To maintain or make such repairsto the Premises as CITY is obligated or may elect to make;

4. To make repairs, alterations, or additions to any other portion of the Airport;

5. To post notices of non-responsibility for alterations, additions, or repairs;

6. To access any areas reserved to the CITY herein;

7. To show the Premises to prospective LESSEES.

In case of an emergency, CITY may access the Premises without prior notice. CITY shall have such right of entry and the right to fulfill the purpose thereof without any rebate of rent to LESSEE for any loss of occupancy or quiet enjoyment of the Premises thereby occasioned.

E. Americans with Disabilities Act. By signing this Agreement, LESSEE assuresthe 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.

F. Subordination. This Agreementshall be subordinate to the provisions of any existing or future agreement between the CITY and the United States or the State of California relative to the operation or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal or state funds for the development of the airport. Furthermore, this Agreement may be amended to include provisions required by those agreements with the United States or the State of California.

G. Aerial Approaches. CITY reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent LESSEE from erecting, or permitting to be erected, any building or otherstructure on or adjacent to the Airport which, in the reasonable opinion of CITY, would limit the usefulness of the Airport or constitute a hazard to aircraft.

H. Title. Title to the building upon which the LESSEE shall enjoy use shall remain with the CITY and shall not be transferable.

I. Force Majeure. Any prevention, delay or stoppage due to strikes, walkouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substance therefore, governmental restrictions, governmental regulations, governmental controls, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform, shall excuse the performance by such party for a period equal to any such prevention, delay or stoppage, except for the obligation imposed with regard to rental and other charges to be paid by LESSEE pursuant to this Agreement.

J. Waiver of Relocation Benefits. LESSEE waives any and all relocation benefits defined in the California Relocation Assistance Law (Government Code section 7260, et seq.) in connection with this Agreement.
64 AIRPORT SUITE LEASE 105

K. Non-Discrimination. The LESSEE, as a part of the consideration hereof, does hereby covenant and agree that:

1. No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the t Premises or LESSEE’s Improvements.

2. In the construction of any improvements on, over, or under such land and the furnishing ofservicesthereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination,

3. The LESSEE shall use the Premises and LESSEE’s Improvements in compliance with all otherrequirementsimposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination, in Federally assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

L. Exhibits Incorporated. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement by reference as though fully set forth herein, whether or not actually attached.

M. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

N. LESSEE’S Authority. LESSEE warrants that it has all requisite power and authority to execute, deliver, and perform under this 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.

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

P. 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.

Q. Entire Agreement. This Agreement constitutesthe complete and exclusive statement of Agreement between CITY and LESSEE. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
65 AIRPORT SUITE LEASE 105

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

CITY OF SOUTH LAKE TAHOE: FLIGHT DECK GRILL & GOLF CLUB LLC By Cody Bass (Sep 19, 2024 16:04 PDT) By Tom McMurray Tom McMurray (Oct 3, 2024 22:23 PDT) Cody Bass, Mayor Thomas McMurray, CEO
Business License # 331784
APPROVED AS TO FORM: ATTEST:

By Heather Stroud (Sep 20, 2024 13:38 PDT) By Susan Blankenship (Sep 19, 2024 16:13 PDT) Heather Stroud, City Attorney Susan Blankenship, City Clerk Attachments:

Exhibit A – Description of the Premises
Exhibit B – City Owned Personal Property & Trade Fixtures Exhibit C – Annual Rental Rate for Term of Agreement
Exhibit D – Suite 105 Sub-Meter Electrical Rates
Exhibit E – Tenant Improvements
66 AIRPORT SUITE LEASE 105
Exhibit A

DESCRIPTION OF PREMISES
67 AIRPORT TERMINAL/CITY HALL
1901 Lisa Maloff Way, SOUTH LAKE TAHOE, CALIFORNIA, 965150 EXHIBIT "A" LOCATION MAP
68 AIRPORT SUITE LEASE 105
Exhibit B

CITY OWNED PERSONAL PROPERTY & RESTAURANT TRADE FIXTURES 69 Existing Lake Tahoe Airport Trade Fixutres
Quantity Item Manufacturer Material Type Description Location Minimum Service
Schedule
Date Installed/
Purchased/
Leased
1 builtIn bar
counter
Custom Wood
Work wood
"L" Shaped Bar
Mounted to floor bar area None May-98
1 bar sink Toppo stainless
3 wash sinks &
bottle ice chest bar area None May-93
1 kegerator Micromatic stainless top 3 keg / 5 tap refrigerated annual disinfection of all
surfaces inside and
outside. drain any liquids
from inside fridge area. Aug-18
2 electric ceiling
fans Unknown painted metal ceiling fan bar ara None unknown 1 Walk-in Cooler
McQuay
PaceMaker
refridge unit stainless
large, Inside 6' x
10'
walk in fridge
/ dry goods
pantry
Annual removal of food
storage and deep clean.

Annual inspection of
refridgeration unit unknown
1 Stove / Oven/
Griddle Imperial steel
6 burner/ 2 over
with flat grill top kitchen
quaterly remove burners
and degrease allsurfaces
inside and out May-93
1 Grille/Broiler Superior steel
stand alone grille
unit next to 6
burner oven kitchen
quaterly remove grill and
degrease all surfaces
inside and out unknown
1 Deep Fryer Avantco FF300 stainless
stand alone gas
fryer kitchen
quarterly drain and clean
allsurfaces with degreaser 21-Jul
1 Deep Fryer Avantco FF300 stainless
stand alone gas
fryer kitchen
quarterly drain and clean
allsurfaces with degreaser Mar-19
1 Refrigerator Unknown custom built
Builtinto Bar
Storage Unit
eastwall bar
area
annual disinfection of all
surfaces inside and
outside. drain any liquids
from inside fridge area. unknown
1 Refrigerator Unknown custom built
Builtinto Bar
Storage Unit
eastwall bar
area
annual disinfection of all
surfaces inside and
outside. drain any liquids
from inside fridge area. unknown
1 Refrigerator Unknown custom built
Builtinto Bar
Storage Unit
eastwall bar
area
annual disinfection of all
surfaces inside and
outside. drain any liquids
from inside fridge area. unknown
1 Built in wash
station tables,
and drying
shelf Swisher Hygeine stainless L - shape w/ sink kitchen None Apr-93 1 wash sink with
long prep table Unknown stainelss
opposite stove in
kitchen kitchen None unknown
1 3 tub sink and
spigot Regency stainless 3 sink wash basin kitchen None May-93 1 Refrigerator
Everest
Refridgeration stainless
double door
rolling cooler
with shelves kitchen
annual disinfection of all
surfaces inside and
outside. drain any liquids
from inside fridge area. unknown
1 Table Avantco stainless
prep county with
coolerstorage &
2 door fridge
under prep area
opposite
stove in
Kitchen
annual disinfection of all
surfaces inside and
outside. drain any liquids
from inside fridge area. unknown
3 Fire
Extiguishers Buckeye steel
hand held fire
extinguishers
various
locations None serviced by City unknown
1 Extraction
Hood Unknown stainless, 6 filters large
Over stove &
fryers in
kitchen
Bi-annual cleaning and
service by licensed
contractror Sep-96
1 Fire
Extinguisher
System ProChem PCL-350
hood fire
suppression
system
Bi-annual cleaning and
service by licensed
contractror Oct-96
1 kegerator Micromatic
Pro-Line E-Series
5 Keg
Alcholic Beverage
Cooler with Beer
Tap Bar Area
Bi-annual cleaning and
service by licensed
contractror Mar-18
70 AIRPORT SUITE LEASE 105
Exhibit C
ANNUAL FIXED RATE AT SUITE 105 FOR TERM OF THE AGREEMENT (Per Month Fixed Fees)
Year Rent
Amount
Base $/SF CAM
Fee
$/SF
including
CAM
Share of
Natural Gas
Utilities Paid
to City
Total Fees
Payable to
city
Total
$/SF
2024-2025 $2,000.00 $0.53 $400.00 $0.64 $174.15 $2,574.15 $0.68 2025-2026 $2,300.00 $0.61 $412.00 $0.72 $179.37 $2,891.37 $0.77 2026-2027 $2,600.00 $0.69 $424.00 $0.80 $184.75 $3,208.75 $0.85 2027-2028 $2,900.00 $0.77 $437.00 $0.88 $190.30 $3,527.30 $0.93 2028-2029 $3,300.00 $0.87 $450.00 $0.99 $196.00 $3,946.00 $1.04 *Lessor agreesto pay for water and sewer chargesin monthly “Lease Fee”. Lessee pays a prorated share of natural gas. Lessee has a sub-meter installed to account for Lessee share of electricity for leasehold. Section 7. provides more explanation regarding utilities. **Common Area Maintenance Fee (CAM Fee) As certain common areas are shared the Lessee agrees to pay the City a share of costs for the City providing the following services: restroom janitorial service in common area restrooms inside the airport terminal building, non-leasehold common area janitorialservice, replacement of HVAC intake filters, annual fire extinguisherservice (excluding the kitchen hood suppression system) and snow removal. The CAM Fee shall increase at a rate of three percent (3.0%) annually commencing each May 1st of the Agreement. The CAM and other fees will not be charged until November 1, 2024. 71 AIRPORT SUITE LEASE 105
Exhibit D
SUITE 105 SUB-METER ELECTRICAL RATES (Based on Usage kWh) Payments will be reflected on invoices one month in arrears.

Rates for Suite 105
72 AIRPORT SUITE LEASE 105
73 AIRPORT SUITE LEASE 105

EXHIBIT E

TENANT IMPROVEMENTS
Area Category Item EST Cost
Kitchen Asset Materials Kitchen & Bar $75,000.00
Entertainment Asset Sim Units $130,000.00
Entertainment Start-up Expense Clubs Full Sets $3,000.00 Construction Asset Build Out $307,000.00
Bar Asset Point of Sale System $33,000.00
Entertainment Start-up Expense AV/Audio/Alarm $25,000.00 Clerical Start-up Expense Design $20,000.00
Total $593,000
74 AIRPORT SUITE LEASE 105

8.22.2024
City of SoulhLake Tahoe
Attn: Ai porlManager John Dickinson
1901 Lisa Maloff Rd.

SouthLake Ta'hoe Ca 96150
RE Project Description
1909'LisaMaloffRd.

South LakeTahoe, Ca 96150
To WhomII May Concern,
Our fi1m:Monarch Architeciurehas beenhiredlo providelenant improvemenl - aichitecimedesign servroeslo Tom McMurray for tile vacanl restaurant located wilhin the City of South lake Tahoe Airport.

As we are working throughtheprocess of the sdhematicdesig1p1hase. The folllowingimp1ovemenls are being p1oposed

11. Rebuilding the existingbar:including reconfiguringlhe bar equipment

2. Adding a11additional bar to lhe rightsideof the restaurant.

3. Build oul dining roomseating, including banquet seating.

4. Providespace andbuildoul 2 golf simulators.

5. Expand therestaurant footprint into the existingpamphl et roomandadd anadditionall4' intolhe lobby.

6. Createa newenlrancelo the restaurant via the fronl lobby aiea; new enlrancelo inoludehost counter and goldclub storage.

7. Move theexisting walk-infridge closer to theexisting kitchen.

8. The inferior finishesinthe restauranl and bar1o beupdated to fil ow,nersbranding,including flamingandoei'lingtreatments.

9. Existing kitdhenlo remain as closelo what isexistingexcept forimprovementsdiciatedbytile HeaIthDeparlmenl ornecessary formenu items asdeemedapproprialeby owner. 110. Provide necessary wiringfor AV - TV's throughoul 1estaurant.

Thankyouverymuchfor yourreview andplease feel free to callor email me if youneedany further informationorhave anyquestions.
2264 Lake TahoeIB!Vl:I.STIE13
S001thLake Tahoe,
CA.96150
530.542.2919
l;1ookemartone@gmai .com
IBes
Brooke Martone
IIRCI-IITECT 11 LEEDAP
LIi
0:
75 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/19/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER CONTACT Robert Granger NAME:

Granger Independent Insurance Services PHONE (949) 424-6423 (A/C, No, Ext): FAX (A/C, No): (949) 424-6423
20902 Brookhurst St. Suite 208 E-MAIL [email protected] ADDRESS:

Suite 208 INSURER(S) AFFORDING COVERAGE NAIC #
Huntington Beach CA 92646 INSURER A : DIAMOND STATE INS CO 42048 INSURED INSURER B :

Flight Deck Grill and Golf, LLC INSURER C :
1901 Airport Road INSURER D :

Ste 105 INSURER E :

South Lake Tahoe aliforn96150 INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

INSR

LTR TYPE OF INSURANCE ADDL

INSD SUBRWVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A

COMMERCIAL GENERAL LIABILITY
X VEP0344545 09/19/2024 03/19/2025
EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 MED EXP (Any one person) $ 5000
PERSONAL & ADV INJURY $ NA
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000

POLICY PRO- JECT LOC
OTHER:

PRODUCTS - COMP/OP AGG $ NA
$
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

SCHEDULED
AUTOS

NON-OWNED

AUTOS ONLY
BODILY INJURY (Per accident) $
PROPERTY DAMAGE (Per accident) $
$

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION $ $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under DESCRIPTION OF OPERATIONS below
N / A
PER

STATUTE OTH- ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

CITY OF SOUTH LAKE TAHOE
ACCORDANCE WITH THE POLICY PROVISIONS.
1052 TATA LANE AUTHORIZED REPRESENTATIVE
SOUTH LAKE TAHOE CA 96150
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD 76 Created: 2024-09-19
By:

Status:

Transaction ID:

Michelle Davis ([email protected])
Signed
CBJCHBCAABAAwcruGxoqzO9FSUhs1t4dujnHsugo6864
C-238-2024 Flight Deck Lease
Final Audit Report 2024-10-04
"C-238-2024 Flight Deck Lease" History
Document created by Michelle Davis ([email protected]) 2024-09-19 - 11:02:30 PM GMT
Document emailed to Susan Blankenship ([email protected]) for signature 2024-09-19 - 11:02:37 PM GMT
Document emailed to Heather Stroud ([email protected]) for signature 2024-09-19 - 11:02:38 PM GMT
Document emailed to [email protected] for signature
2024-09-19 - 11:02:38 PM GMT
Document emailed to Tom McMurray ([email protected]) for signature 2024-09-19 - 11:02:38 PM GMT
Email viewed by [email protected]
2024-09-19 - 11:03:28 PM GMT
Document signing delegated to Cody Bass ([email protected]) by [email protected] 2024-09-19 - 11:04:39 PM GMT
Document e-signed by Cody Bass ([email protected])
Signature Date: 2024-09-19 - 11:04:48 PM GMT - Time Source: server Email viewed by Susan Blankenship ([email protected]) 2024-09-19 - 11:13:31 PM GMT
Document e-signed by Susan Blankenship ([email protected]) Signature Date: 2024-09-19 - 11:13:42 PM GMT - Time Source: server Email viewed by Tom McMurray ([email protected]) 2024-09-19 - 11:15:06 PM GMT
77 Email viewed by Heather Stroud ([email protected]) 2024-09-19 - 11:23:47 PM GMT
Document e-signed by Heather Stroud ([email protected]) Signature Date: 2024-09-20 - 8:38:42 PM GMT - Time Source: server Email viewed by Tom McMurray ([email protected]) 2024-09-25 - 11:34:55 PM GMT
Email viewed by Tom McMurray ([email protected]) 2024-09-29 - 4:29:22 PM GMT
Document e-signed by Tom McMurray ([email protected]) Signature Date: 2024-10-04 - 5:23:05 AM GMT - Time Source: server Agreement completed.
2024-10-04 - 5:23:05 AM GMT
78 AIRPORT SUITE LEASE 105
1 AMENDMENT TO FOOD & BEVERAGE

LEASE AND CONCESSION AGREEMENT
This Amendment to the Lake Tahoe Airport Food and Beverage Lease and Concession Agreement between the City of South Lake Tahoe (“ City”) and the Flight Deck Grill & Golf Club LLC (“ Lessee”), dated September 10, 2024, is entered into and effective October 22, 2024 (“ Effective Date”).

RECITALS
A. On September 10, 2024, the City Council authorized execution of the Lake Tahoe Airport Food and Beverage Lease and Concession Agreement between the City and Lessee Agreement”). The Agreement includes Section 4(A)(4), which requires Lessee to open the restaurant for business to the public within 60 days, and Section 4(C)(15), requiring Lessee to complete all tenant improvements listed in Exhibit E of the Agreement within 3 months.

B. Subsequently, Lessee notified City that more time is needed to complete the tenant improvements listed in Exhibit E of the Agreement because of contractor delays that are beyond Lessee’ s control.

C. The parties desire to amend the Agreement to allow tenant more time to complete tenant improvements and open the restaurant for business to the public, to be extended to 180 days from the effective date of this Amendment, and to make no changes to any other terms of the Agreement.

AGREEMENT

1. Section 4(A)(4) of the Agreement is hereby amended to read in its entirety as follows:

LESSEE shall open for business to the public in the Premises within one-hundred and eighty 180) days of the Effective Date of this Amendment.

2. Section 4(C)(15) of the Agreement is hereby amended to read in its entirety as follows:

LESSEE agrees to complete Tenant Improvements described in Exhibit “ E” within onehundred and eighty (180) days of the Effective Date of this Amendment.

C-269-2024 79
AIRPORT SUITE LEASE 105
2 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: FLIGHT DECK GRILL & GOLF CLUB LLC By By
Cody Bass, Mayor Thomas McMurray, CEO
Business License #
APPROVED AS TO FORM: ATTEST:

By By
Heather Stroud, City Attorney Susan Blankenship, City Clerk 331784
C-269-2024
Heather Stroud ( Oct Susan Blankenship ( Oct 23, 2024 14:40 PDT) 23, 2024 14:46 PDT) Cody Bass ( Oct 23, 2024 15:12 PDT)
Thomas McMurray ( Oct 28, 2024 09:21 PDT)
Thomas McMurray
80 C-269-2024 Flight Deck Amendment 1
Final Audit Report 2024- 10-28
Created: 2024- 10-23
By: Michelle Davis ( medavis@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAvJ1eIt9r0KdrwLi5z1RozSv_ 9rhh6JsD C-269-2024 Flight Deck Amendment 1" History
Document created by Michelle Davis ([email protected]) 2024- 10- 23 - 8:53:30 PM GMT
Document emailed to Susan Blankenship ([email protected]) for signature 2024- 10- 23 - 8:53:37 PM GMT
Email viewed by Susan Blankenship ( sblankenship@cityofslt. us) 2024- 10- 23 - 9:37:18 PM GMT
Document e-signed by Susan Blankenship ([email protected]) Signature Date: 2024- 10-23 - 9:40:29 PM GMT - Time Source: server Document emailed to Heather Stroud ([email protected]) for signature 2024- 10- 23 - 9:40:31 PM GMT
Email viewed by Heather Stroud ([email protected])
2024- 10- 23 - 9:45:57 PM GMT
Document e-signed by Heather Stroud ([email protected]) Signature Date: 2024- 10-23 - 9:46:26 PM GMT - Time Source: server Document emailed to Cody Bass ([email protected]) for signature 2024- 10- 23 - 9:46:28 PM GMT
Email viewed by Cody Bass ( cbass@cityofslt. us)
2024- 10- 23 - 10:12:30 PM GMT
Document signing delegated to Cody Bass ([email protected]) by Cody Bass ([email protected]) 2024- 10- 23 - 10:12:33 PM GMT
Document e-signed by Cody Bass ([email protected])
Signature Date: 2024- 10-23 - 10:12:42 PM GMT - Time Source: server 81 Document emailed to Thomas McMurray ( tom@onlinemailingsolutions. com) for signature 2024- 10- 23 - 10:12:43 PM GMT
Email viewed by Thomas McMurray ([email protected]) 2024- 10- 24 - 5:00:51 PM GMT
Document e-signed by Thomas McMurray ([email protected]) Signature Date: 2024- 10-28 - 4:21:22 PM GMT - Time Source: server Agreement completed.
2024- 10- 28 - 4:21:22 PM GMT
82 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: April 22, 2025
Agenda Item #:5
Agenda Item: Agreement with Lumos & Associates, Inc. for 2025 Construction Season Inspection Services for Capital Improvement Projects
Executive Summary: City Council will consider a contract with Lumos and Associates, Inc. for construction inspection services during the 2025 construction season for a not-to-exceed amount of $520,000, based on an $8,000 per week, all-inclusive inspector rate and $200 per hour overtime, if required and authorized by the City. Inspection costs will be charged to each project, using either the currently allocated funding for the Tahoe Valley Green Belt Improvement Project or the Pioneer Trail Phase II project, upon the award of the construction project.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Agreement with Lumos & Associates, Inc., for an amount not to exceed $520,000 for the 2025 Construction Season Inspection Services for Capital Improvement Projects.

Responsible Staff Member: Anush Nejad, Director of Public Works Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Inspection Award.docx
02-Agreement with Lumos & Associates
83 Council Agenda Report April 22, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: April 22, 2025
Title: Agreement with Lumos & Associates, Inc. for Inspection Services for the Pioneer Trail Phase II and Tahoe Valley Green Belt Construction Projects Project Location: Pioneer Trail, from Ski Run Blvd to Larch and Tahoe Valley Green Belt Project Area
Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6031 Background: The Public Works Department manages over $120 million in Capital improvement projects during the 2025 construction season. We have retained or will retain outside consultants for the larger projects to supplement the City's resources for proper inspection. Construction inspection is vital to a good capital improvement program project delivery, especially where we must retain significant records to comply with State or Federal record keeping requirements.

For the 2025 season, staff has identified the need to supplement the current resources for two major construction activities: The Pioneer Trail Phase II sidewalk improvement and pavement upgrade and the Tahoe Valley Green Belt project. The inspector will provide daily reports to the Engineering Division and provide oversight services. These inspection oversight services ensure the work complies with the contract documents and reduce unnecessary change orders.

Issue and Discussion: After recognizing and discussing this need with the project team, staff began soliciting proposals for inspection services. Staff released a Request for Proposal Proposals (RFP) to the public on December 4, 2024.

Six hundred sixty-eight (668) firms specializing in inspection and construction management services were electronically notified through Planet Bids. A pre-proposal meeting was conducted on December 20, 2024. Forty-one firms/interested parties downloaded the RFP documents. On January 10, 2025, the Department of Public Works received six (6) electronic submittals.

All submittals were distributed to the three (3) City’s evaluation team members, including Public Works and Finance department staff members. Each team member evaluated and then numerically scored each proposal based on the criteria outlined in the RFP for each of the two projects. Initially, the evaluation team invited four firms for interviews to clarify the submissions.

Two of the firms subsequently withdrew their proposals. The scores of all three evaluators were then added to achieve a cumulative score for each submittal after the interviews.

The table below lists the scoring/ranking of the firms. 84 Council Agenda Report April 22, 2025 Page 2 of 2
Rank Firm Pioneer
Trail –
Phase II
Tahoe ValleyGreen BeltNotes
1 Lumos & Associates 236 233
2 Shiels Sowko 232 218.5
3 Eastern Sierra Engineering 209 210
4 Builder Protection Group 133 133
NA BPR Consulting Group NA NA Withdrew
NA 4 Leaf NA NA Withdrew
Based on the scoring, Lumos & Associates, Inc. was the top-ranked firm for both projects. Staff then conduct a final negotiation with Lumos & Associated for the weekly all-inclusive inspection costs and hourly overtime costs. Lumos’ final proposal is $8,000 per week, inclusive of all direct and indirect costs, and $200 per hour for overtime work, which will only be authorized if needed and approved by the City. Overtime work is beyond the standard of 8 hours per day and 40 hours per week, less holidays and non-working days. Staff anticipates some overtime work during the course of construction.

Financial Implications: The recommended contract amount for Lumos & Associates is $260,000 per project, for a not-to exceed amount of $520,000 for the 2025 construction season.

The inspection services project will be charged to each project as follows:
 Tahoe Valley Greenbelt: 30140030-48034 with the existing budget of $260,000  Pioneer Trail Ped Phase I & II: 30150024-48034. The budget for this work will be allocated once the grant funding for the project is loaded with the construction bid award. The award for the Pioneer Trail Inspection services will be contingent on the award of the construction project.

Environmental Considerations:

Environmental clearance for each of the CIP projects is completed or in the process of completion. Procurement of an inspector and materials testing is not subject to environmental clearance requirements.

Policy Implications:

Retaining a qualified inspection is essential for delivering high-quality Capital Improvement Projects. Without these services, the construction work may be compromised, affecting the quality of the work.
85 CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 22nd day of April 2025, by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Lumos & Associates, Inc. (Consultant”).

RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement.

B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement. Consultant shall have no power or authority by this Agreement to bind City in any respect.

The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services,” attached hereto and incorporated herein by reference. Exhibit B, “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 until December 31, 2025.
86 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, and overtime exceed $520,000 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior 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. Separate invoices shall be submitted for each project, including authorized overtime services. 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. 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 87 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 88 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,
89 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. 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, if these requirements are not met.

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 90 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 91 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.
92 b. 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:
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. 93 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: Lumos & Associates, Inc.

Brian Harer
312 Dorla Court, Suite 202
Zephyr Cove, NV 89490

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the 94 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.
95 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 workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.

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

24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly. 96 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.
97 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: CONSULTANT: Lumos & Associates, Inc.

By___________________________ By ________________________________ Tamara Wallace, Mayor Steven G. Moon. P.E.

Director, Construction Services
Date __________________________ Date _____________________________ Business License 314513
APPROVED AS TO FORM:

By____________________________ Date ________________________________ Heather Stroud, City Attorney
ATTEST:

By______________________________ Date ________________________________ Susan Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
Exhibit D – Certificate of Insurance
98 EXHIBIT A

SCOPE OF SERVICES
99 PREPARED FOR THE CITY OF SOUTH LAKE TAHOE

SEASONAL CONSTRUCTION INSPECTION SERVICES
- 2025 SEASON
South Lake Tahoe, California
JANUARY 10, 2025
Lumos & Associates, Inc.

UEI #WG9KPQRE5683
RFP 01-10-25
312 Dorla Court, Suite 202
Zephyr Cove, NV 89448
775.588.6490
100
www.LumosInc.com
Tahoe
312 Dorla Court, Suite 202
Zephyr Cove, NV 89448
775.588.6490
Carson City l El Dorado Hills l Fallon l Lake Tahoe l Reno January 10, 2025
Anush Nejad
Public Works Director
City of South Lake Tahoe
1740 D Street
South Lake Tahoe, CA 96150
Subject: Seasonal Construction Inspection Services – 2025 Season; RFP 01-10-25 Mr. Anush Nejad and Members of the Selection Committee, Lumos and Associates (Lumos) is pleased to present the attached proposal for the Seasonal Construction Inspection Services – 2025 Season Project. Lumos has a long and successful history of inspection and overseeing the construction of pedestrian and stormwater projects in the Tahoe Basin and in Northern California/Nevada. These projects are especially exciting for our team as it is located in the South Lake Tahoe area – a place where we not only do business but also where many of our Team members live and recreate.

The Lumos Team understands the amount of effort and investment the City and community has in both the Tahoe Valley Stormwater and Greenbelt Improvement Project (TVGB) and the Pioneer Trail Pedestrian Improvements – Phase II Project. We have proposed a team that is not only experienced in all facets of construction (including storm drainage, structural, roadway and electrical improvements) but also experienced in the necessary regulatory requirements (Caltrans Local Assistance Procedures Manual [LAPM], TRPA, MUTCD, BMP’s, etc.) The Team we have assembled includes members with vast construction knowledge, regulatory compliance, and members who have extensive experience collaborating on projects with stakeholders key to this project.

Leading our Team and acting as the single point of contact and Project Manager is Brian Harer, Construction Manager. Through his experience delivering high profile projects in both the private and public sectors, Brian holds a true understanding of bringing multiple stakeholders together to guide this project to a successful completion. Supporting Brian is a proven construction inspection team including Misty Jones, Max Glenn, and Aaron Brusatori, P.E., who will bring his 20+ years of construction and engineering experience to serve in a LAPM Coordinator Role, ensuring compliance with all Caltrans requirements.

We believe our proposal will provide you, the Selection Committee, with our understanding and approach to this project. We know there are many challenges and expectations for these projects and our Team is prepared to work with the City and community to provide exceptional service and creative solutions. We are committed to bringing both TVGB and Pioneer Trail to a successful completion and to see these completed projects serve the City for years to come.

Lumos is happy to discuss any aspects of our proposal with you in more detail. Please do not hesitate to contact me at 775.527.9326 or via email at [email protected] Sincerely,
Brian Harer
Senior Project Manager,
Construction Division
Steven G. Moon, P.E.

Director, Construction Services
101
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 1 Section B | Executive Summary
B. EXECUTIVE SUMMARY
Lumos & Associates, Inc. is pleased to submit
our proposal for the Seasonal Construction
Inspection Services for the 2025 construction
season, addressing the critical needs of the
City of South Lake Tahoe. Our team is uniquely
qualified to support the City in the successful
delivery of its Tahoe Valley Stormwater and
Greenbelt Improvement Project (TVGB) and
Pioneer Trail Pedestrian Improvements –
Phase II.

Our Expertise
With over four decades of engineering excellence
and a strong presence in the Tahoe Basin, Lumos
offers unmatched expertise in construction inspection,
materials testing, and project management. We have
an intimate understanding of the region’s geographic
challenges, environmental sensitivities, and regulatory requirements. This knowledge has been honed through
decades of successful collaboration with Caltrans, the
Tahoe Regional Planning Agency (TRPA), and other key
stakeholders.

Our Team
Our proposed team combines technical skill, deep local
knowledge, and a proven track record of delivering
complex projects on time and within budget. Leading
the effort will be Senior Project Manager Brian
Harer, whose 17 years of experience includes
managing federally funded projects and coordinating
multiple stakeholders. Supporting him will be seasoned
inspectors Misty Jones and Max Glenn, each with
decades of experience in similar inspection roles. Their expertise encompasses stormwater infrastructure,
roadway enhancements, pedestrian facilities, and
ADA compliance. Aaron Brusatori, P.E., is available
to provide support with Caltrans Local Assistance
Procedures Manual (LAPM), informed by his past tenure
working for Amador County.

For the TVGB project, our inspectors are well-versed
in storm drainage improvements, structural elements,
and environmental BMPs essential to the success of
this endeavor. For the Pioneer Trail project, our team
brings a strong background in roadway construction,
pedestrian infrastructure, and compliance with Caltrans LAPM standards.

We are committed to ensuring the City’s vision is
realized through meticulous inspection services, clear
communication with all stakeholders, and proactive
issue resolution. Lumos is prepared to meet the
City’s stringent requirements and deliver the highest
standards of quality, ensuring these projects enhance
the community for years to come.

Lake Tahoe FRP Pedestrian Bridges
102
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 2 FIRM OVERVIEW

OFFICE LOCATIONS

ESTABLISHED IN
+

EMPLOYEES
1978
130+
6 3

AASHTO ACCREDITED

MATERIALS

LABORATORIES
Section C | Company History, Background & Experience
C. COMPANY HISTORY, BACKGROUND
& EXPERIENCE
established an office in the Lake Tahoe Basin nearly
20 years ago – for opportunities to work on projects
that solve problems and provide a tangible benefit to
the community and Lake Tahoe. We know quality of
life in a community is improved through access to safe
roadways and trail improvements that incorporate the
pedestrian, drainage, and environmental components to
create a sustainable infrastructure that serves multiple purposes. At Lumos, we are no strangers to inspecting
trail projects in the Tahoe Basin and across the region, as exemplified by the extensive list of roadway, trail, and drainage projects we have planned, designed, and
inspected in the Tahoe, Truckee, and Carson areas
where we work, live, and play. Our Reno, Churchill
County trail projects are enjoyed nearly every day by
our team members. Our team has successfully delivered
these projects through a combination of effective
stakeholder engagement, realistic feasibility analysis, creative engineering design, and the ability to combine historical knowledge with fresh perspective to solve
previously unsolvable challenges.

Lumos & Associates was founded in 1978
in Nevada’s capital, Carson City, with five
additional offices in Tahoe, El Dorado Hills,
Reno, Fallon, Lake, and Boise. We serve clients
throughout the Western United States in both
rural and urban settings and employ over 130
highly skilled professionals.

Firm Overview
Lumos is a multidisciplinary firm providing civil,
structural, geotechnical, surveying, materials testing, construction inspection, and construction administration services across northern California and Nevada.

Our full-range of services are further supported by
three fully-equipped materials testing laboratories,
allowing us to efficiently deliver public works projects across the region. Lumos prides itself on working
with communities to tackle complex problems, offer
creative solutions, and efficiently design projects that improve and enhance the quality of life for generations to come. These projects exemplify the reason Lumos
103
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 3

OUR SERVICES
Section C | Company History, Background & Experience
With over 100 technical professionals that work
near or in the Tahoe Basin, our team boasts unique
expertise navigating the region’s geographic challenges and environmental sensitivities. The consultant the
City chooses to provide inspection for these projects
must have familiarity with the project area, previous
planning efforts, real estate needs, key stakeholders,
environmental and permitting requirements, and
creative alternative analysis, in addition to having
the ability to complete the project in an effective and efficient manner. The Lumos Team is that team.

While this is an inspection project, our inspectors have the benefit of leaning on our extensive trail and water quality design team, as well as our construction services team, to aid in successful completion of the project.

Construction Services
• Construction Administration & Management
• Construction Inspection
• Construction Staking
• Certified International Code Council (ICC)
• Special Inspections for:
- Structural Masonry
- Structural Steel & Bolting
- Structural Welding
- Reinforced Concrete
- Soils
- Prestressed Concrete
- Spray-Applied Fireproofing
Field & Laboratory Materials Testing
• AASHTO Accredited
- Asphalt Concrete
- Portland Cement Concrete
- Soils & Aggregates
• NAQTC Certified
- Sampling & Density
- Aggregates
- Asphalt
• ACI Certified
- Field Testing Technicians
- Laboratory Technicians
Project Team
Leading our Team and acting as the single point
of contact will be Project Manager Brian Harer.

Through his experience delivering high profile projects in both the private and public sectors, Brian brings a
true understanding of bringing multiple stakeholders
together to bring this project to a successful
completion. Our primary inspection team will
consist of Misty (Michelle) Jones and Max Glenn.

Misty Jones, Senior Inspector
Misty is the best inspector we have. She has been doing this work for over 30 years with Lumos and is known
by nearly every contractor in the area. Her experience
with inspection in second to none and she will be our
proposed inspector for the Tahoe Valley Stormwater and
Greenbelt project given her experience as inspector for a very similar project—the Carson River Trails Project
for Carson City.

Max Glenn, Senior Inspector
Max provides nearly two decades of experience
in overseeing and inspecting the construction of
roadway and associated infrastructure. Not only is Max
experienced in the inspection of roadway projects, he
is well versed in the intricacies of coordinating with
residents and businesses that might be adjacent to a
roadway project—ensuring that they are coordinated
with and kept in the loop on the status of the project
and its impacts. Max is our proposed inspector for the
Pioneer Trail Project.

Aaron Brusatori, LAPM Coordinator
Aaron Brusatori, P.E., will provide oversite and
assistance in the processing of the LAPM forms as
needed. With Aaron’s history as the Amador County
Public Works Director he is very familiar with the LAPM requirements.
104

ORGANIZATIONAL
CHART
Brian Harer
Construction Manager /
Senior Project Manager
Aaron Brusatori, P.E.

LAPM Coordinator
Steve Moon, P.E.

Quality Assurance /
Quality Control
Misty Jones
Senior Inspector (Tahoe Valley
Stormwater & Greenbelt)
Max Glenn
Senior Inspector (Pioneer Trail
Pedestrian Improvements)
Brad Pullsbury, Sam Violango, Alex Silveira, Jonathan Ruiz, Connor Welsh, Dean Macklin, Chris Von Duering, John Hartley, Bert Sexton, Ray Rivera Supplemental Inspector Pool
Lumos & Associates
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 4 Section C | Company History, Background & Experience
Additionally, both inspectors are backed up by our
roster of ten team member inspectors that we can call
to the field should it become necessary, and both are
backed up by Brian Harer and his ability to manage any
construction inspection process and situation.

Lumos has the capacity, experience, and background to
successfully undertake these inspection projects for the City of South Lake Tahoe.
105
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 5 Section C | Company History, Background & Experience
Brian Harer
Construction Manager/ Sr. Project Manager
Brian has over 17 years of construction experience. As our Construction Project Manager, Brian provides project construction coordination/management and construction oversight for various public and private construction projects. These projects include trails, storm drain, sewer, water, electrical, and roadway rehabilitation and maintenance. Brian is well versed in ASTM, AASHTO, Orange Book, ACI, and NDOT procedures. He is consistently managing projects with multiple contractors and stakeholders and understands the importance of transparent communication and can effectively communicate detailed project information to stakeholders throughout any stage of the project. Brian also has extensive experience in managing grant funded construction projects and completing the required documentation required to obtain funding payment from the grant entities including USDA, SRF, CDBG, HUD, Caltrans, etc. • Industry Experience: 17 years
• Lumos Experience: 17 years
Aaron Brusatori, P.E.

LAPM Coordinator
Aaron has over 23 years of experience delivering civil improvements, including planning, design, and construction of streetscapes, pedestrian connectivity, safe routes to schools, pavement rehabilitation, and coordination with Caltrans Local Assistance in Districts 2, 3, and 10. An advocate for his clients, he understands how to translate concepts into designs. During the replacement of the Amador City Bridge, Aaron managed public engagement with landowners, businesses, and residents. He established a 9-member working group, conducting meetings to discuss challenges and bring solutions forward to the City Council. This dynamic group engaged with the City and construction team, ensuring the project aligned with the community’s vision. • Education: BS, Civil Engineering, California Polytechnical State University, San Luis Obispo, 2000 • License: Professional (Civil) Engineer in CA #64384
• Industry Experience: 1 year
• Lumos Experience: 23 years
Steve Moon, P.E.

Quality Assurance / Quality Control
Steve has over 30 years of experience in civil engineering. His specialties include construction management, construction materials testing, project scheduling, roadways and street design, public and commercial site design, subdivision design, constructability reviews, quality assurance program management, claims evaluation and mitigation, and project documentation systems. In addition to overseeing all aspects of Lumos’ Construction Services Division, he takes an active role in project management of Lumos’ construction management and materials testing projects. These projects include multiphase roadway and pedestrian enhancement projects, public facilities and civil site improvements, commercial sites for warehousing, retail businesses, and restaurants; construction management on bridge structures, storm drain and flood control structures, sewer and water utilities, and various airfield projects at NAS Fallon. • Education: BS, Civil Engineering, University of Nevada, Reno, 1993 • License: Professional (Civil) Engineer in NV #13434
• Industry Experience: 31 years
• Lumos Experience: 21 years

KEY PERSONNEL
106
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 6 Section C | Company History, Background & Experience
Michelle “Misty” Jones
Senior Inspector (Tahoe Valley Stormwater & Greenbelt Improvement Project) Misty Jones has over 32 years of testing and inspecting experience, all as a dedicated Lumos team member. Her experience includes working knowledge of ASTM, AASHTO, Orange Book, ICC, and ACI procedures. Misty is certified as an ICC special inspector and is a qualified NAQTC tester. She has been a lead field technician performing concrete testing, density testing, and soils, asphalt and material sampling. As a senior level inspector, Misty has worked on a variety of on-call projects for Amador Water Agency, Carson City Public Works, Washoe County Regional Transportation Commission (RTC), City of Reno, and the City of Sparks. She understands the need to mobilize within short notice. Recently, Amador Water Agency entrusted Misty to make decisions during construction of a waterline while on site providing inspection services. Her ability to act on behalf of the client allows the project to move forward. • Education: Western Nevada Community College, Carson City, 1989; American River College, Sacramento, California, 1988
• Certifications: NAQTC #NV000905 (Sampling/Density); ACI Concrete Field-Testing Technician Grade 1; ICC #0876811-84 (Spray-Applied fireproofing Inspection, Structural Masonry) • Industry Experience: 32 years
• Lumos Experience: 32 years
Max Glenn
Senior Inspector (Pioneer Trail Pedestrian Improvements) Max has nearly 20 years of inspection and testing experience. His experience includes numerous projects with the Nevada Department of Transportation (NDOT), City of Reno, and the Washoe County Regional Transportation Commission (RTC). These projects range from roadway paving with cement treated base, grind overlay, complete remove and replace, as well as testing of these materials for compliance. Overseeing drainage improvements, sidewalks, driveways, electrical, street lighting and signage are also normal for Max. He does all this while ensuring ADA compliance if specified. Max has also performed ICC Special Inspection of reinforced footings, slabs, CMU walls, structural steel welding, and high strength bolting. Max has in-depth knowledge of various specifications including Standard Specifications for Public Works Construction (Orange Book), International Building Code, AATSA Traffic Control, as well as environmental (NDOT certified) storm water BMP inspection certification.
• Education: Certified Welding Program, Level I and II, Truckee Meadows Community College • Certifications: American Concrete Institute (ACI); Field Technician Level 1 Nevada Alliance for Quality Transportation Construction (NAQTC), #NV000824; Sampling/Density ICC-Special Inspector #5314538-49 (Structural Masonry, Reinforced Concrete, Structural Steel & Bolting, Soils, Structural Welding, Pre-Stressed Concrete); NDOT Certified Storm Water BMP Inspector #NV0023329; NASCO Certification for CIPP; ROP Certification for HVAC; OSHA 10; MSHA
• Industry Experience: 19 years
• Lumos Experience: 19 years
107
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 7 Section D | Project Inspectors
D. PROJECT INSPECTORS
Misty Jones, Senior Inspector
Misty has the exact experience required for the
Tahoe Valley Stormwater and Greenbelt Project.

The following two projects where she provided
inspection services for similar efforts exhibit her
qualifications.

SR 28 from the Junction of US 50 to
Country Club Drive (NDOT)
Performing construction within the Lake Tahoe Basin
presents a unique set of challenges and extensive
coordination with various stakeholders. Lumos
distinguished itself on the Highway 28 Shared Use Path
project by developing a seamless integration of our
construction inspection, materials testing and surveying staff with that of NDOT Crew 911. Misty Jones served
as an Inspector IV, fully integrated with the NDOT
Crew and providing inspection of multiple drainage
structures and pathway improvements. For this project,
Lumos was responsible for inspection, materials testing, surveying for the construction of a shared use path
and additional parking areas. Lumos complied with
water quality standards throughout this project, while
navigating the many special events that take place in
the Lake Tahoe Basin.

Work Included
• A shared‐use path from Incline Village to Sand
Harbor consisting of a 10‐foot‐wide paved (asphalt
concrete) path with 2‐foot wide shoulders (where
feasible) utilizing retaining walls or bridge structures where required by slope conditions
• Construction of an at‐grade crossing at the northern
terminus near the intersection of Lakeshore
Boulevard and SR 28; the crossing would include
advance warning signs consistent with FHWA’s
• Manual on Uniform Traffic Control Devices (MUTCD)
standards (FWHA, 2012)
• Completed the construction of an undercrossing of
SR 28 at Tunnel Creek consisting of an Americans
with Disabilities Act (ADA)‐compliant ramp that
descends from the path to an undercrossing below
SR 28
• Complete construction of new trailhead parking
within SR 28 right‐of‐way (ROW) just north and
south of Ponderosa Ranch Road on the east side of
SR 28
• Erosion control/water quality improvements
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City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 8 Section D | Project Inspectors
Carson River Trail – Phase 2
(CARSON CITY)
Misty Jones provided the inspection and oversite for
all of the trail and associated improvements for this
project.

Planning for trails in the Carson River area has been
a grassroots communitywide effort dating back to
1995. In 2018, Carson City was awarded a $1.8M grant
from the Southern Nevada Public Land Management
Act (SNPLMA) to enhance facilities and improve trail
connectivity throughout the Carson River and Prison Hill area. The purpose of this system was to enhance the
community by providing non-motorized open spaces
tailored for pedestrians, bicyclists, and equestrians.

Lumos & Associates was selected by the City to assist
with the design and development of this vibrant
multi-phase trail system. This included Phase II, with
three individual trails. Our work for these projects
included topographic survey, civil design,
geotechnical engineering, materials testing
and inspection, and construction management
services.

Phase II included ranch connecting trails: Prison
Hill East (from the 5th St. Trailhead to Silver Saddle
Ranch), the Mexican Ditch Extension (extending the
Mexican Ditch Trail through Silver Saddle Ranch),
and Buzzy’s Ranch Trail (connecting Riverview Park
with Carson River Park). For this effort, our team
conducted environmental studies (wetland delineation
and biological and botanical review through a
subconsultant), field visits, an alternatives analysis
of potential alignments, and floodplain analysis. Civil design incorporated hardened, unpaved trails up to 10
feet wide, compliant with AASHTO bicycle standards.

Alignment was also completed for an 8,600-foot
section located along a steep section of slope. Several drainage crossings were considered with a 6,100-foot
section located in the 100-year floodplain by the west
side of the Carson River. The entrance to the Silver
Saddle Ranch was the flattest and shortest segment
(at a length of 2,400 feet), requiring consideration for vehicular traffic entering and exiting plus connectivity to the existing Mexican Ditch Trail.

Misty has experience in all aspects
of inspection for the Tahoe Valley
Stormwater and Greenbelt
Project including but not limited
to drainage pipe, board walks,
concrete installation, paving,
grading, revegetation, traffic
control, BMPs, etc.
109
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 9 Section D | Project Inspectors
Max Glenn, Senior Inspector
Max’s experience in overseeing road
rehabilitation projects for the Washoe County
RTC has made him one of our go-to inspectors
for road rehabilitation/streetscape projects.

His experience ties directly to the Pioneer Trail
Road and Pedestrian Project. The following three
projects where he provided inspection services
for similar efforts exhibit his qualifications.

Cottonwood Lane Drainage and Road
Reconstruction (City of Fernley) Pictured Right
Max served as the lead inspector for this drainage
and road reconstruction project. Utility rehabilitation work included installation of new 8 to 30 inch
diameter sanitary sewer and storm drain pipe, bypass
pumping (contractor to determine f low rates prior
to construction), the removal and replacement of
manholes, constructing new manholes, sanitary service
lateral connections with cleanouts, and catch basin
upgrades. Street rehabilitation work included traffic
control, full road section reconstruction (13” structural section) temporary patching, permanent pavement
patching, grind and overlay, and replacement of PCC
curb and gutter, sidewalk, driveways, pedestrian ramps, speed tables, and striping/signage.

Raleigh Heights Rehabilitation Project
(Washoe County RTC)
Max served as an inspector and material tester for this project of residential roadways that were in need of
rehabilitation: Yorkshire Drive from N/S Wellington Way to S/S Golden Valley Drive; Lancaster Drive from E/S
Shelley Circle to W/S Yorkshire Drive; and Carlyle Drive from E/S Shelly Circle to W/S Yorkshire Drive.

The scope of services for this project included
approximately 188,000 square feet of various roadways
rehabilitation as well as replacing degraded sidewalk
and curb and gutter, residential and commercial
driveway improvements, ADA compliant pedestrian
ramps at the affected intersections, new catch basins
where needed, removal of bus stop improvements, and
striping and signage. Resident coordination was a key
component to the success of this project with seventy
(70) permission to construct (PTC) agreements for
impacted properties.

Kings Row Rehabilitation Project, Phases I and II
(Washoe County RTC)
Max served as an inspector and materials tester
for these projects which included rehabilitation of
approximately 8,300 linear feet of Kings Row. This
included replacing sidewalk, replacing degraded curb
and gutter, residential and commercial driveway
improvements, ADA compliant pedestrian ramps at the
affected intersections, new catch basins where needed,
bus stop improvements, and striping and signage.

Integration of bike lanes to the corridor, which narrowed the travel way and added a two-way left-turn lane
encouraged reduction of speed through a corridor with
known issues of speeding. Bulb-outs and Rectangular
Rapid Flashing Beacons were utilized in school zones to accentuate the pedestrian crossings and provide more
visibility. Phase 1 finished construction in November
2021 and Phase 2 finished construction in August 2022.

Max has experience in all aspects
of inspection for the Pioneer Trail
project including but not limited to
drainage pipe, water improvements,
street lighting, concrete installation,
paving, grading, revegetation, traffic
control, BMPs, etc.
110
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 10 Section E | Scope of Work/Implementation
E. SCOPE OF WORK/IMPLEMENTATION

1. Planning and Preparation
Develop Inspection Plan
• Outline inspection checkpoints for each project
phase (grading, drainage pipe installation, concrete
structures, boardwalks, and paving).
• Align the plan with TRPA BMP and City of South
Lake Tahoe requirements.

Schedule Coordination
• Establish an inspection schedule that aligns with
the May 1 – October 15 project window and project
milestones.
• Factor in buffer time for weather delays, as
unpredictable conditions in the Tahoe area can
arise.

Team Training
• Ensure inspectors are familiar with TRPA
requirements, City of South Lake Tahoe standards,
and specific environmental concerns related to the
Lake Tahoe Basin.

2. Inspection Categories
Grading
• Inspect grading operations to verify compliance with
design elevations and slopes.
• Ensure erosion control measures, such as silt
fences and wattles, are in place per TRPA BMP
requirements.
• Confirm proper soil compaction to prevent future
settlement.

Drainage Pipes
• Inspect materials to confirm they meet project
specifications.
• Monitor installation for proper alignment, slope, and bedding material placement.
• Verify watertight connections and perform leak tests
as required.

Concrete Structures
• Inspect formwork, rebar placement, and concrete
mix for compliance with design specifications.
• Monitor concrete pours to ensure proper techniques
are used (e.g., vibration for compaction, curing
methods).
• Conduct strength testing and visual inspections for
cracks or defects.

Boardwalk with Helical Piers
• Inspect pier installation, verifying depth, torque,
and alignment per design specifications.
• Monitor the installation of the boardwalk structure,
ensuring structural connections meet engineering
requirements.
• Verify materials used for the boardwalk (e.g.,
treated wood or composite decking) are compliant
with environmental standards.

Pavement
• Inspect subgrade preparation and confirm
compaction testing results.
• Monitor paving operations, including asphalt mix
temperature, thickness, and compaction.
• Check finished surface for smoothness, slope, and
proper drainage.

3. Compliance with TRPA and City Requirements
Grading
• Verify adherence to TRPA BMPs during all phases of
construction, such as:
» Temporary and permanent erosion control
measures.
» Stormwater runoff management and
sediment control.
» Construction site management practices to
minimize environmental impacts.
• Ensure compliance with City of South Lake Tahoe
regulations, including design specifications,
material standards, and inspection documentation
requirements.
111
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 11 Section E | Scope of Work/Implementation

4. Environmental and Seasonal Considerations
Seasonal Restrictions
• Ensure all work is scheduled to meet the May 1 –
October 15 construction window, with no ground
disturbance outside this timeframe.

Weather Monitoring
• Maintain flexibility in the schedule to account for
unexpected weather delays (e.g., late snowmelt,
early frost).

Lake Tahoe Ecosystem Protection
• Conduct routine inspections to ensure no
construction activities negatively impact adjacent
water bodies or sensitive habitats.

5. Reporting and Communication
Documentation
• Provide daily inspection reports, including photos,
test results, and compliance notes.
• Maintain a log of all inspections to facilitate
regulatory audits and project closeout.

Communication with Stakeholders
• Schedule regular meetings with the City of South
Lake Tahoe project team to review progress and
address issues promptly.
• Serve as a liaison between contractors and
regulatory agencies to ensure smooth coordination.

6. Quality Assurance and Project Closeout
Final Inspections
• Conduct thorough final inspections of all project
components before October 15 to ensure
compliance and functionality.

Punch List
• Develop and monitor the resolution of any punch
list items before project handover.

As-Built Documentation
• Assist in creating as-built records to document final project conditions.
112
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 12 Section F | Project Budget
F. PROJECT BUDGET
Inspection Services Per Week
Construction Inspector $8,000
• Weekly inspection rate is based on a standard 40-hour work week, 8-hours per day and includes all indirect/direct costs and travel time. • Overtime rate to be utilized upon approval from the City of South Lake Tahoe only.

Inspection Services (Overtime) Per Hour
Construction Inspector $200
CSLT Construction Inspection
Services Fee Schedule
113
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 13 Section G | Recent Projects/References
G. RECENT PROJECTS/REFERENCES
Experience with Funding Agency Requirements
With an extensive portfolio of projects successfully completed in partnership with grant-making and funding agencies, Lumos understands how best to navigate and fulfill funding agency requirements for construction inspection. We will apply this experience directly to the Seasonal Construction Inspection Services projects.

RECENT CLIENT REFERENCES
Carson City Parks and Recreation
(Carson River Trail and Prison Hills Trail)
Greg Bergrenn
Trails Director
775.283.7219
Tahoe City Public Utility District
(NTPUD Trail)
Celeste Havener
Associate Civil Engineer
530.580.6294
City of Fallon
Brian Byrd
Public Works Director
775.217.5990
City of Fernley
Barry Williams
Public Works Director
775.784.9929
Washoe County RTC
(Roadway Inspection)
Jeff Wilbrecht, P.E.

Engineering Manager, Regional
Transportation Commission
of Washoe County
775.335.1872
114
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 14 Section G | Recent Projects/References
Carson River Trail – Phase 2
Planning for trails in the Carson River area has been
a grassroots community-wide effort dating back to
1995. In 2018, Carson City was awarded a $1.8M grant
from the Southern Nevada Public Land Management
Act (SNPLMA) to enhance facilities and improve trail
connectivity throughout the Carson River and Prison Hill area. The purpose of this system was to enhance the
community by providing non-motorized open spaces
tailored for pedestrians, bicyclists, and equestrians.

Lumos & Associates was selected by the City to assist
with the design and development of this vibrant
multi-phase trail system. This included Phase II, with
three individual trails. Our work for these projects
included topographic survey, civil design,
geotechnical engineering, materials testing
and inspection, and construction management
services.

Phase II included ranch connecting trails: Prison
Hill East (from the 5th St. Trailhead to Silver Saddle
Ranch), the Mexican Ditch Extension (extending the
Mexican Ditch Trail through Silver Saddle Ranch),
and Buzzy’s Ranch Trail (connecting Riverview Park
with Carson River Park). For this effort, our team
conducted environmental studies (wetland delineation
and biological and botanical review through a
subconsultant), field visits, an alternatives analysis
of potential alignments, and floodplain analysis.

Civil design incorporated hardened, unpaved trails
up to 10 feet wide, compliant with AASHTO bicycle
standards. Alignment was also done for an 8,600-foot
section located along a steep section of slope. Several drainage crossings were considered with a 6,100-foot
section located in the 100-year floodplain by the west
side of the Carson River. The entrance to the Silver
Saddle Ranch was the flattest and shortest segment
(at a length of 2,400 feet), requiring consideration for vehicular traffic entering and exiting plus connectivity to the existing Mexican Ditch Trail.

Misty Jones provided the inspection and oversite for
all of the trail and associated improvements for this
project.

RECENT TAHOE VALLEY STORMWATER
& GREENBELT PROJECT EXPERIENCE
Project Inspector Involvement
» Misty Jones
115
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 15 Section G | Recent Projects/References
Prison Hill West Trail
Planning for trails in the Carson River area has been
a grassroots communitywide effort dating back to
1995. In 2018, Carson City was awarded a $1.8M grant
from the Southern Nevada Public Land Management
Act (SNPLMA) to enhance facilities and improve trail
connectivity throughout the Carson River and Prison Hill area. The purpose of this system was to enhance the
community by providing non-motorized open spaces
tailored for pedestrians, bicyclists, and equestrians.

Lumos & Associates was selected by the City to assist
with the design and development of this vibrant multiphase trail system. This included Phase III, or Prison Hill West. Our work for these projects included
topographic survey, civil design, geotechnical
engineering, materials testing and inspection,
and construction management services.

Civil design for Phase III encompasses improvements to
the Koontz Lane Trailhead. These will include a regraded access road, parking for 20 to 30 vehicles, ADA parking, equestrian trailer parking, a vault toilet, and a covered picnic table. There will be a 2.4-mile multi-use pathway that connects this trailhead with the Clearview Drive
Trailhead and the Staging Area entrance at the south
end of Prison Hill. This trail will be constructed with compacted decomposed granite to provide accessibility
to everyone, including families with small children
and persons with mobility limitations. A crosswalk
with flashing beacons will be constructed at Edmonds
Drive and Koontz Lane for safer street crossing. This
crosswalk will enhance access for neighborhoods on the
west side of the I-580 to the Prison Hill Recreation Area and neighborhoods on the east side of the I-580 to the
Freeway Multi-Use Pathway.

Project Inspector Involvement
» Misty Jones
116
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 16 Section G | Recent Projects/References
TCPUD | Multi-Use Trail Rehabilitation – North and
West Shores (Hurricane Bay)
Lumos was selected by Tahoe City Public Utilities
District in August of 2023 to provide surveying,
civil design, permitting assistance, geotechnical
investigation, and construction inspections for
the reconstruction and realignment of existing
trail segments within their system. These trails
included North Shore (East to Dollar Point and West
to Lake Forest) and West Shore (Hurricane Bay to
Kaspian). The goal of this work was to improve the trail asphalt condition, identify ADA components, address
existing hazards, improve signage and striping, replace failing retaining walls, and widen segments of the
existing trails.

The design included ADA improvements; trail
widening; new retaining walls, drainage improvements,
replacement retaining walls, details of trail crossings and connections to existing roads and parking areas;
and details of fencing, signs, and trail amenities.

Lumos provided inspection services for the trail project in coordination with TCPUD on the recently completed
North Shore Trail segment. Lumos coordinated with
the contractor, TCPUD, and Caltrans during the project.

This included attending and facilitating construction
meetings, ensuring that the contractor was adhering
to the construction plans, facilitating construction
staking, ensuring compaction requirements were
completed, verifying traffic control, verifying quantities, and supporting TCPUD on an field changes and change
orders that were required as unexpected conditions
where encountered in the field.

Project Inspector Involvement
» Misty Jones
» Max Glenn
117
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 17 Section G | Recent Projects/References
Regional Transportation Commission (RTC) Washoe
County | Kings Row Reconstruction Project
(Phases 1 and 2)
For both phases of this project, RTC Washoe identified
approximately 8,300 linear feet of Kings Row that
needed rehabilitation. This included replacing sidewalk, replacing degraded curb and gutter, residential and
commercial driveway improvements, ADA compliant
pedestrian ramps at the affected intersections, new
catch basins where needed, bus stop improvements,
and striping and signage. Integration of bike lanes to
the corridor, which narrowed the travel way and added
a two-way left-turn lane encouraged reduction of speed
through a corridor with known issues of speeding.

Bulb-outs and Rectangular Rapid Flashing Beacons were
utilized in school zones to accentuate the pedestrian
crossings and provide more visibility.

Lumos’ scope of work for this project included
topographic surveying, Right-of-Way verification
and easement preparation, geotechnical
investigation, agency coordination (TMWA, NV
Energy, City of Reno, NDOT), preparation of
construction documents, bid services,
construction management, inspection,
construction staking, and quality
assurance testing.

PIONEER TRAIL

RELATED PROJECT EXPERIENCE
Project Inspector Involvement
» Misty Jones
» Max Glenn
118
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 18 Section G | Recent Projects/References
City of Fernley | Cottonwood Lane Drainage and
Road Reconstruction Fernley, Nevada
Lumos provided design and construction services
for the City of Fernley’s Cottonwood Lane Drainage
and Roadway Reconstruction Project. Engineering
services included project management,
topographic survey and mapping, Rightof-Way determination, easement legal descriptions, geotechnical investigation, ADA
and pavement inspections, drainage studies,
utility coordination, permitting, construction
documents, and bidding services.

The project corridor spans nearly 1.3 miles along
Cottonwood Lane, a City collector street, from US95A to SR-828. Utility improvements include 2,000 feet of 18-inch waterline, a jack and bore waterline
crossing under US-95A, and manhole replacements
and rehabilitations. Associated planned roadway
improvements included over 185,000 square feet
of roadway reconstruction along with slurry seal,
pedestrian ramps, curb, gutter, sidewalk, signage,
and striping. The project involved coordination
with several agencies including the United States
Bureau of Reclamation (USBR) and Truckee-Carson
Irrigation District (TCID) for crossing and/or overlap of improvements with existing drainage facilities, Lyon
County School District (LCSD) for coordination
of roadway improvements at the frontage of the
Cottonwood Elementary School, and NDOT for
coordination on striping improvements and traffic
movement impacts at the intersections with US-95A and
SR-828. Lumos assisted the City with easement
acquisitions, public outreach, and
cost estimating.

Project Inspector Involvement
» Misty Jones
» Max Glenn
119
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 19 Section G | Recent Projects/References
City of Fallon | Sherman St. and N. Broadway St.

Rehabilitation Fallon, Nevada
The City of Fallon identified that Sherman Street and N.

Broadway Street were in need of rehabilitation and/or
reconstruction. This included complete reconstruction
of the paved roadway. The project limits included the
portion of Sherman Street from approximately 680 feet
north of Williams Avenue to approximately 20 feet south of the intersection of Augusta Lane, and the portion
of N. Broadway Street from Williams Avenue (NDOT)
to just south of the Churchill County Juvenile Justice
Center. These limits included the returns for connecting cross streets at intersections and commercial
approaches.

The City of Fallon identified approximately 1,350
linear feet of N. Broadway Street and 700 linear feet
of Sherman Street that were in need of rehabilitation.

This included installing sidewalk, curb and gutter,
residential and commercial driveway or approach
improvements, ADA compliant pedestrian ramps at the
affected intersections, new catch basins where needed,
StormTech infiltrators, water main improvements
(N. Broadway St. only), sewer main and manhole
improvements (N. Broadway St. only), striping,
signage, and electrical improvements. The Scope
of Work for this project included topographic
surveying, geotechnical investigation, agency
coordination (City of Fallon, Southwest Gas, CC
Communications, TCID (Sherman St.) and NDOT
(N. Broadway St.), water modeling (N. Broadway
St. only), and preparation of construction
documents, bid services, construction
management, inspection, and quality assurance.

City of Reno | Yori North and South
Lumos & Associates provided construction inspection
services on the City of Reno’s 2024 Street Rehabilitation projects for Yori North and South. Other services
include project management, topographic
survey and mapping, geotechnical investigation,
preliminary design, construction documents,
and bidding services. For the North and South
projects combined, the City identified approximately
180 feet of sanitary sewer pipe, approximately 320,000
SF of neighborhood streets (Yori Avenue, Stoddard
Drive, Flagg Drive, Hubbard Way, and Galloway
Lane) which are in need of replacement. The utility
rehabilitation work includes installation of new 8 to 30 inch diameter sanitary sewer and storm drain pipe,
Sherman St. and N. Broadway St. Rehabilitation
bypass pumping (contractor to determine flow rates
prior to construction), the removal and replacement
of manholes, constructing new manholes, sanitary
service lateral connections with cleanouts, and
catch basin upgrades. The street rehabilitation
work included traffic control, full road section
reconstruction (13” structural section) temporary
patching, permanent pavement patching, grind
and overlay, and replacement of PCC curb and
gutter, sidewalk, driveways, pedestrian ramps,
speed tables, and striping/signage. The inclusion
of new sidewalk where it currently does not exist is
also incorporated in the South Area project. Lumos
is providing construction administration, inspection,
materials testing, and staking for the project.
120
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 20 Section G | Recent Projects/References
Lumos Experience with Federally Funded Projects
For the past 45 years, Lumos & Associates has worked
and prepared many successful grant applications for
water systems in northern Nevada and California.

We have staff members with prior Public Works
Management experience, which coupled with the
extensive experience Lumos provides, have allowed us
to secure awards of millions of dollars in grants from
state and federal agencies such as:
• American Recovery Plan Act (ARPA)
• Rebuilding American Infrastructure with
Sustainability and Equity (RAISE) Grants
• U.S. Department of Agriculture Rural Development
(USDA-RUS)
• U.S. Department of Housing and Urban
Development — Community Development Block
Grant Program (CDBG)
• State of Nevada Revolving Loan Fund
• U.S. Army Corps of Engineers (USACE)
• Bureau of Land Management (BLM), Bureau of
Reclamation
• U.S. Economic Development Administration (EDA)
• State of Nevada Department of Transportation
(NDOT)
• American Recovery & Reinvestment Act (ARRA)
• Federal Highway Administration (FHWA)
• Federal Aviation Administration (FAA)
• U.S. Environmental Protection Agency (EPA)
• Federal Transit Administration (FTA)
• Bureau of Indian Affairs (BIA)
• U.S. Fish & Wildlife
121
Lumos & Associates, Inc.

UEI #WG9KPQRE5683
RFP 01-10-25
312 Dorla Court, Suite 202
Zephyr Cove, NV 89448
775.588.6490
122

EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
123
City of South Lake Tahoe | Seasonal Construction Inspection Services, 2025 Season 12 Section F | Project Budget
F. PROJECT BUDGET
Inspection Services Per Week
Construction Inspector $8,000
• Weekly inspection rate is based on a standard 40-hour work week, 8-hours per day and includes all indirect/direct costs and travel time. • Overtime rate to be utilized upon approval from the City of South Lake Tahoe only.

Inspection Services (Overtime) Per Hour
Construction Inspector $200
CSLT Construction Inspection
Services Fee Schedule
124

EXHIBITS C & E
ANTI-LOBBYING and DISBAREMENT CERTIFICATION
125

C-XXX-XXXX

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:________________________________________
Lumos & Associates, Inc. Steven G. Moon, Director
126

EXHIBIT E

DEBARMENT AND SUSPENSION CERTIFICATION
Debarment and Suspension Certification
The undersigned (authorized official signing for the Bidder) hereby declares under penalty of perjury the following:

1. In accordance with section 6109 of the Public Contract Code, the bidder declares that bidder will not enter into any contract with a subcontractor who/which has been debarred pursuant to section 1771.1 or section 1777.7 of the Labor Code. No public monies shall be paid to a debarred subcontractor, and any contract entered into for public work between a prime contractor and debarred subcontractor shall be considered void as a matter of law. Any payments made to a debarred subcontractor shall be returned to Owner. The prime contractor shall be solely responsible for all payments to a debarred subcontractor. In no case shall any public money be used to pay a debarred subcontractor.

2. In accordance with section 10162 of the Public Contract Code, has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes ___________ No ___________
If the answer is yes, explain the circumstances in the following space (use additional sheets if necessary).

3. In accordance with section 10232 of the Public Contract Code, has more than one final, unappealable finding of contempt of a court by a federal court has been issued against the Bidder within the immediately preceding two-year period because of the Bidder's failure to comply with an order of a federal court which orders the Bidder to comply with an order of the National Labor Relations Board? For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because the contractor has complied with the order which was the basis for the finding.

Yes ___________ No ___________
If the answer is yes, explain the circumstances in the following space (use additional sheets if necessary).

X
X
127

4. In accordance with section 10285.1 of the Public Contract Code, the Bidder declares that neither the Bidder nor any subcontractor to be engaged by the Bidder has been convicted of any of the offenses referred to in this section within the preceding three (3) years.

These offenses include if that Bidder or any subcontractor to be engaged by the Bidder, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including, for the purposes of this certification, The City of South Lake Tahoe.

5. Certification Regarding Debarment and Suspension
The undersigned (authorized official signing for _____________________________) certifies to the best of his or her knowledge and belief, that the _______________________, defined as the primary participant in accordance with 45 C.F.R. Part 76, and its principals:

A. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; B. have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
D. have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

By my signature which is placed below on behalf of the named Bidder, I certify, under penalty of perjury under the laws of the State of California, that I am an officer, principal or owner of the Bidder, and that the foregoing questionnaire, and all certifications and statements therein, are accurate, true and correct.

Date: ____________ Bidder’s Signature: ____________________________________ Bidder’s Name and Title (Print): __________________________ Lumos & Associates, Inc. Steven G. Moon March 31, 2025 Corporation 128

EXHIBIT D
Certificate of Insurance
129
3/27/2025
L/P Insurance Services LLC
300 East 2nd Street
Suite 1300
Reno NV 89501
Jessica Carroll
(775)996-6000 (775)473-9288
[email protected]
Lumos & Associates, Inc. dba: Lumos and Associates
Tobey Wade Consulting
950 Sandhill Rd, Ste. 100
Reno NV 89521
Phoenix Insurance Co 25623
Travelers Property Casualty Co of America25674
Charter Oak Fire Insurance Co 25615
Travelers Casualty & Surety Co of America31194
Arch Specialty Ins Co/Coalition 21199
CL2532720880
A
X
X
X Drone/Watercraft Liability
Included
X
A.M. Best Rating: A++ XV
P6303F300743PHX24 12/30/2024 12/30/2025
1,000,000
1,000,000
10,000
1,000,000
2,000,000
2,000,000
A
X
X X
A.M. Best Rating: A++ XV
8101L5008512443G 12/30/2024 12/30/2025
1,000,000
B
X X
X 0
A.M. Best Rating: A++ XV
CUP3K0890112443 12/30/2024 12/30/2025
Follows Form
5,000,000
5,000,000
C
N
A.M. Best Rating: A++ XV
UB3P3503902443G 12/30/2024 12/30/2025
X
1,000,000
1,000,000
1,000,000
D Professional/Pollution A.M. Best Rating: A++ XV 4/1/2025 4/1/2026 Limit Per Claim $4,000,000 Architects/Engineers 107906413 Aggregate $4,000,000
Project: Seasonal Construction Inspection Services 2025 Season / Additional Interest Name(s): City of South Lake Tahoe, its elected or appointed officers, officials, employees, agents and volunteers.

See Attached Additional Comments/Remarks page for information regarding additional coverage terms and Additional Insured status.

City of South Lake Tahoe
1052 Tata Lane
South Lake Tahoe, CA 96150
[email protected]
Jessica Carroll/JESS
The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE

JECT LOC PRO- POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:

CLAIMS-MADE OCCUR

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $

DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
DED RETENTION $

CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $

UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS
PER

STATUTE
OTHER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON-OWNED

AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$

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

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

INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
(A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INS025 (201401)
130
Insurer E: Cyber Liability / Policy #C4NHM084997CYBER2025 / Effective 03/31/2025 - 03/31/2026 - Limit of Liability $2,000,000 Each Claim.

Continued from Description of Operations Section:

NAMED INSURED: LUMOS & ASSOCIATES, INC.

When Named Insureds operations are performed for Certificate Holder and/or entities listed in Description of Operations on the Acord 25 form pursuant to a valid written contract or agreement executed by the Named Insured prior to loss, in accordance with the noted policy(ies): Additional Insured Status is determined by attached GL Form #CGD379(02/19) and #CGD414(04/08), Auto Form #CAT353(02/15) and #CAT474(02/16); Waiver of Subrogation Status is determined by GL Form #CGD379(02/19), Auto Form #CAT353(02/15), Workers Compensation Form #WC000313 & WC990376 (CA); Primary and Non-Contributory Status is determined by GL Form #CGD414(04/08) and Auto Form #CAT474(02/16). Umbrella/Excess Liability Follows Form.

COMMENTS/REMARKS
OFREMARK COPYRIGHT 2000, AMS SERVICES INC.
131

COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS

AND SURVEYORS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITYCOVERAGE PART
GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that c overage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.

A. Non-Owned Watercraft– 75 Feet Long Or Less H. Blanket Additional Insured – Governmental B. Who Is An Insured – Unnamed Subsidiaries Entities – Permits Or Authorizations Relating To Premises
C. Who Is An Insured – Retired Partners, Members,
Directors And Employees I. Blanket Additional Insured – Governmental Entities – Permits Or Authorizations Relating To D. Who Is An Insured – Employees And Volunteer Operations Workers – Bodily Injury To Co-Employees, CoVolunteer Workers And Retired Partners, J. Incidental Medical Malpractice Members, Directors And Employees K. Medical Payments – Increased Limit E. Who Is An Insured – Newly Acquired Or Formed L. Amendment Of Excess Insurance Condition – Limited Liability Companies Professional Liability
F. Blanket Additional Insured – Controlling Interest M. Blanket Waiver Of Subrogation – When Required G. Blanket Additional Insured – Mortgagees, By Written Contract Or Agreement N. Contractual Liability – Railroads
PROVISIONS uses or is responsible for the use of a
watercraft that you do not own that is: A. NON-OWNED WATERCRAFT – 75 FEET LONG OR LESS (1) 75 feet long or less; and

1. The following replaces Paragraph of (2) (2) Not being used to carry any person Exclusion , g. Aircraft, Auto Or Watercraft, or property for a charge; in Paragraph of 2. SECTION I – B. WHO IS AN INSURED – UNNAMED COVERAGES – COVERAGE A – BODILY SUBSIDIARIES
INJURY AND PROPERTY DAMAGE The following is added to SECTION II – WHO IS LIABILITY: AN INSURED:
(2) Any of your subsidiaries, other than a partnership
(a) 75 feet long or less; and or joint venture, that is not shown as a Named (b) Not being used to carry any person Insured in the Declarations is a Named Insured or property for a charge; if:

2. The following replaces Paragraph of 2.e. a. You are the sole owner of, or maintain an SECTION II – WHO IS AN INSURED: ownership interest of more than 50% i n, such e. Any person or organization that, with subsidiary on the first day of the policy your express or implied consent, either period; and
CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Assignees, Successors Or Receivers
A watercraft you do not own that is:

Policy #: P6303F300743PHX24
132

COMMERCIAL GENERAL LIABILITY
b. Such subsidiary is not an insured under Unless you are in the business or occupation similar other insurance. of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) No such subsidiary is an insured for "bodily above do not apply to "bodily injury" arising injury" or "property damage" that occurred, or out of providing or failing to provide first aid
"personal and advertising injury" caused by an
or "Good Samaritan services" by any of your
offense committed:
retired partners, members, directors or
a. Before you maintained an ownership interest "employees", other than a doctor. Any such of more than 50% i n such subsidiary; or retired partners, members, directors or "employees" providing or failing to provide b. After the date, i f any, during the policy period first aid or "Good Samaritan services" during that you no longer maintain an ownership their work hours for you will be deemed to be interest of more than 50% in such subsidiary. acting within the scope of their employment For purposes of Paragraph 1. of Section II – Who by you or performing duties related to the Is An Insured, each such subsidiary will be conduct of your business. deemed to be designated in the Declarations as: (2) "Personal injury":
a. A limited liability company; (a) To you, to your current or retired b. An organization other than a partnership, partners or members (if you are a joint venture or limited liability company; or partnership or joint venture), to your c. A trust; current or retired members (if you are a
limited liability company), to your other
as indicated in its name or the documents that current or retired directors or govern its structure. "employees" while in the course of his or C. WHO IS AN INSURED – RETIRED PARTNERS, her employment or performing duties MEMBERS, DIRECTORS AND EMPLOYEES related to the conduct of your business, or to your other "volunteer workers" The following is added to Paragraph 2. of while performing duties related to the SECTION II – WHO IS AN INSURED: conduct of your business; Any person who is your retired partner, member, (b) To the spouse, child, parent, brother or director or "employee" that is performing services sister of that current or retired partner, for you under your direct supervision, but only for member, director, "employee" or acts within the scope of their employment by you "volunteer worker" as a consequence of or while perfo Paragraph (2)(a) above; rming duties related to the conduct of your business. However, no such retired (c) For which there is any obligation to partner, member, director or "employee" is an share damages with or repay someone insured for: else who must pay damages because of
the injury described in Paragraph (2)(a)
(1) "Bodily injury": or (b) above; or
(a) To you, to your current partners or (d) Arising out of his or her providing or members (if you are a partnership or
failing to provide professional health care
joint venture), to your current members services. (if you are a limited liability company) or to your current directors; (3) "Property damage" to property:
(b) To the spouse, child, parent, brother or (a) Owned, occupied or used by; or sister of that current partner, member or (b) Rented to, in the care, custody or control director as a consequence of Paragraph of, or over which control is (1)(a) above; being exercised for any purpose by; (c) For which there is any obligation to you, any of your retired partners, members share damages with or repay someone else who must pay damages because of or directors, your current or retired the injury described in Paragraph (1)(a) "employees" or "volunteer workers", any or (b) above; or current partner or member (if you are a partnership or joint venture), or any current (d) Arising out of his or her providing or failing to provide professional health care member (if you are a limited liability services. company) or current director.

Includes copyrighted material of Insurance Services Office, Inc. with its permission. physical
133

COMMERCIAL GENERAL LIABILITY
D. WHO IS AN INSURED – EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS – BODILY INJURY designated in the Declarations as:

TO CO-EMPLOYEES, CO-VOLUNTEER a. A limited liability company; WORKERS AND RETIRED PARTNERS, M b. An organization other than a partnership, EMBERS, DIRECTORS AND EMPLOYEES joint venture or limited
The following is added to Paragraph 2.a.(1) of or
SECTION II – WHO IS AN INSURED:
c. A trust; Paragraphs (1)(a), (b) and (c) above do not as indicated in its name or the documents apply to "bodily injury" to a current or retired cothat govern its structure. "employee" while in the course of the co- "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED – duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1. The following is added to SECTION II – workers" or retired partners, members or WHO IS AN INSURED: directors while performing duties related to the Any person or organization that has financial conduct of your business. control of you is an insured with respect to E. WHO IS AN INSURED – NEWLY ACQUIRED liability for "bodily injury", "property damage" OR FORMED LIMITED LIABILITY COMPANIES or "personal and advertising injury" that The following replaces Paragraph 3. of arises out of:

SECTION II – WHO IS AN INSURED: a. Such financial control; or

3. Any organization you newly acquire or form, b. Such person's or organization's other than a partnership or joint venture, and ownership, maintenance or use of
of which you are the sole owner or in which
premises leased to or occupied by you.
you maintain an ownership interest of more
The insurance provided to such person or than 50%, will qualify as a Named Insured if organization does not apply to structural there is no other similar insurance available to that organization. However: alterations, new construction or demolition operations performed by or on behalf of such
a. Coverage under this provision is person or organization. afforded only:

2. The following is added to Paragraph 4. of (1) Until the 180th day after you acquire SECTION II – WHO IS AN INSURED:
or form the organization or the end
of the policy period, whichever is This paragraph does not apply to any earlier, if you do not report such premises owner, manager or lessor that has organization financial control of you. in writing to us within 180 days after you acquire or form it; G. BLANKET ADDITIONAL INSURED – or MORTGAGEES, ASSIGNEES, SUCCESSORS
(2) Until the end of the policy period, OR RECEIVERS
when that date is later than 180 da ys The following is added to SECTION II – WHO IS after you acquire or form such AN INSURED: organization, if you report such organi Any person or organization that is a mortgagee, zation in writing to us within 180 days after you acquire or formit; assignee, successor or receiver and that you have agreed in a written contract or agreement b. Coverage A does not apply to "bodily to include as an additional insured on this injury" or "property damage" that Coverage Part is an insured, but only with occurred before you acquired or formed
respect to its liability as mortgagee, assignee, the organization; and successor or receiver for "bodily injury", "property
c. Coverage B does not apply to "personal damage" or "personal and advertising injury" and advertising injury" arising out of an that:
offense committed before you acquired
a. Is "bodily injury" or "property damage" that
or formed the organization. occurs, or is "personal and advertising injury" For the purposes of Paragraph 1. of Section caused by an offense that is committed, II – Who Is An Insured, each such
CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. liability company;
134

COMMERCIAL GENERAL LIABILITY
subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street agreement; and banners or decorations. b. Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED – use of the premises for which that GOVERNMENTAL ENTITIES – PERMITS mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO is required under that contract or agreement OPERATIONS to be included as an additional insured on The following is added to SECTION II – WHO IS this Coverage Part. AN INSURED:

The insurance provided to such mortgagee, Any governmental entity that has issued a permit assignee, successor or receiver is subject to the or authorization with respect to operations following provisions: performed by you or on your behalf and that you a. The limits of insurance provided to such are required by any ordinance, law, building code mortgagee, assignee, successor or receiver or written contract or agreement to include as an will be the minimum limits that you agreed to additional insured on this Coverage Part is an provide in the written contract or agreement, insured, but only with respect to liability for or the limits shown in the Declarations, "bodily injury", "property damage" or "personal whichever are less. and advertising injury" arising out of such operations. b. The insurance provided to such person or organization does not apply to: The insurance provided to such governmental (1) Any "bodily injury" or "property damage" entity does not apply to:
that occurs, or any "personal and a. Any "bodily injury", "property damage" or advertising injury" caused by an offense "personal and advertising injury" arising out that is committed, after such contract or of operations performed for the agreement is no longer in effect; or governmental entity; or (2) Any "bodily injury", "property damage" or b. Any "bodily injury" or "property damage" "personal and advertising injury" arising included in the "products-completed out of any structural alterations, new operations hazard". construction or demolition operations
J. INCIDENTAL MEDICAL MALPRACTICE performed by or on behalf of such mortgagee, assignee, successor or 1. The following replaces Paragraph b. of the receiver. definition of "occurrence" in the
DEFINITIONS Section: H. BLANKET ADDITIONAL INSURED – GOVERNMENTAL ENTITIES – PERMITS OR b. An act or omission committed in AUTHOR providing or failing to provide "incidental IZATIONS RELATING TO PREMISES medical services", first aid or "Good The following is added to SECTION II – WHO IS Samaritan services" to a person, unless AN INSURED: you are in the business or occupation of
Any governmental entity that has issued a permit providing professional health care or authorization with respect to premises owned services. or occupied by, or rented or loaned to, you and 2. The following replaces the last paragraph of that you are required by any ordinance, law, Paragraph 2.a.(1) of SECTION II – WHO IS building code or written contract or agreement to AN INSURED:
include as an additional insured on this Unless you are in the business or occupation Coverage Part is an insured, but only with of providing professional health care respect to liability for "bodily injury", "property services, Paragraphs (1)(a), (b), (c) and (d) damage" or "personal and advertising injury" above do not apply to "bodily injury" arising arising out of the existence, ownership, use, out of providing or failing to provide:
maintenance, repair, construction, erection or (a) "Incidental medical services" by any of removal of any of the following for which that your "employees" who is a nurse, governmental entity has issued such permit or nurse assistant, emergency medical authorization: advertising signs, awnings, technician, paramedic, athletic trainer, canopies, cellar entrances, coal holes, audiologist, dietician, nutritionist, driveways, manholes, marquees, hoist away

Includes copyrighted material of Insurance Services Office, Inc. with its permission. 135

COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech- or failing to provide "incidental medical language pathologist; or services" to any person to the extent not (b) First aid or "Good Samaritan services" subject to Paragraph 2.a.(1) of Section II – by any of your "employees" or "volunteer Who Is An Insured. workers", other than an employed or volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS – INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:
services" during their work hours for you
will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any

3. The following replaces the last sentence of one person, and will be the higher of:

Paragraph 5. of SECTION III – LIMITS OF a. $10,000; or INSURANCE:
b. The amount shown in the Declarations of For the purposes of determining the this Coverage Part for Medical Expense
applicable Each Occurrence Limit, all related
Limit. acts or omissions committed in providing or
failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITY services" to any one person will be deemed The following is added to Paragraph 4.b., to be one "occurrence". Excess Insurance, of SECTION IV –

4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I – CONDITIONS:

COVERAGES – COVERAGE A – BODILY
This insurance is excess over any of the other

INJURY AND PROPERTY DAMAGE
insurance, whether primary, excess, contingent LIABILITY:
or on any other basis, that is Professional Sale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION – pharmaceuticals committed by, or with the
WHEN REQUIRED BY WRITTEN CONTRACT knowledge or consent of the insured.

OR AGREEMENT

5. The following is added to the DEFINITIONS
Se The following is added to Paragraph 8., Transfer ction:

Of Rights Of Recovery Against Others To Us, "Incidental medical services" means:
of SECTION IV – COMMERCIAL GENERAL
a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS:
ray or nursing service or treatment,
If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of
furnishing of food or beverages; or
recovery against any person or organization, we
b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of:

6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV – occurs; or COMMERCIAL GENERAL LIABILITY
CONDITIONS: b. "Personal and advertising injury" caused by an offense that is committed; This insurance is excess over any valid and collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement.

CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 136

COMMERCIAL GENERAL LIABILITY
N. CONTRACTUAL LIABILITY – RAILROADS

1. The following replaces Paragraph c. of the
definition of "insured contract" in the
DEFINITIONS Section:
c. Any easement or license agreement;

2. Paragraph f.(1) of the definition of "insured
contract" in the DEFINITIONS Section is
deleted.

Includes copyrighted material of Insurance Services Office, Inc. with its permission. 137

COMMERC GENERAL L L IAL IABI ITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED – WRITTEN

CONTRACTS (ARCHITECTS, ENGINEERS AND

SURVEYORS)
This endorsement i ies insurance pro ided under t fol mod f v he lowing:

COMMERC GENERAL L ITY VERA A IAL IABIL CO GE P RT

1. The fo lowing is added to l SECT II – WHO IS ION plies only to such "bodily injury or "property " AN INSURED: damage" tha fore the end o the pe- t occurs be f riod o t me f which the "writ contrac re- f i or ten t Any person or organization that you agree in a quiring insurance" requires you to pro idev "written contrac ring " to t requi insurance include as such coverage or the end of the pol eriod,icy p an additiona insured on this Co Part, l verage but: whichever is earlier. a. Only with respect to liab li fi ty or 2. The fol is added to Paragraph o lowing 4.a. SEC- f "property da " or "personal y"; mage injur and T ON IV – COMMERCIAL GENERAL LIABILI Y I T b. I and only to the e tent that the in or f, x , jury CONDI IONST :
damage is caused by acts or omissions of The insurance prov to the additional insured ided you or your subcontractor in the performance is excess over any va id and collec le "other in- l tib of "your work" to which the "written contract surance", whether primary e contingent or , xcess, requiring insurance" applies. The person or on any other basis, that is ava lable to the addi- i organization does not quali as an additional fy tional insured for a loss we cover. However f , i you insured with respect to the independe nt acts specif ll agree in the "writ contract requ ing ica y ten ir or omissions of such person or organization . insurance" that this insurance prov to the ad- ided
The insurance prov ided to such additional insured dit insured under this Co Part m ional verage ust is l m fo lows: i ited as l apply on a pr mary basis or a pr mary and non- i i c. In the e ent that the Li i of Insurance of contributory basis, this insurance is pri y to v m ts mar this Co Part shown in the Declarations "other insurance" a i to the addit in- verage va lable ional exceed the l m ts of l li required by the sured which co i i iabi ty vers that person or organization as "written contract requir insurance", the in- a named insured for such loss, and we wil not ing l surance prov to the addit insured share with that "other insurance". But this insur- ided ional shall be li i li i l li requi m ted to the m ts of iabi ty red ance pro ided to the addi ional insured stil is ex- v t l by that "written contract requir insurance". cess o any v l and col ib "other insur- ing ver a id lect le This endorsement shall not increase the li its ance", whether pri e contingent or on m mary, xcess, of insurance described in Section – Li its any other basis, that is a ai le to the addit III m v lab ional O Insurance. f insured when that person or organization is an additiona insured under any "other insurance". l d. This insurance does not apply to the rendering o or fa lure to render any "pro l The fol is added to f i fessiona 3. lowing SEC ION IV – C M- T O serv " or construction manage errors ices ment MERCIAL GENERAL LIABIL TY I IONS I COND T :
or omissions. Duties iti l I Of An Add ona nsured
e. This insurance does not apply to "bodi in-ly As a condition o co erage pro ided to the addi- f v v jury" or "property damage" caused by "your tional insured:
work" and included in the "productsa. The additional insured must gi us written ve comp operations hazard" unless the leted notice as soon as practicable o an "occur- f "written contract requir insurance" specif ing irence" or an of which may result in a fense call requ you to pro i such co erage y ires v de v clai . To the ex possible, such notice m tent for that additional insured, and then the insurshould include: ance pro ided to the addi l insured ap- v tiona CG D4 14 04 08 © 2008 The Travelers Companies, Inc. Page 1 o 2f "bodily injury",
Policy #: P6303F300743PHX24
138

COMMERCIAL GENERAL LIABILITY
i. How, when and where the "occurrence" any provider of other insurance which would or offense took place ; cover the additional insured for a loss we cover. However, this condition does not affect ii. The names and addresses of any injured persons and witnesses; and whether this insurance provided to the additional insured is primary to that other insur- iii. The nature and of any injury or ance available to the insured which damage arising out of the "occurrence" or covers that person or organization as a
offense. named insured.
b. If a is made or "suit" is brought against 4. The following is added to the DEFINITIONS Sec- the additional insured, the additional insured tion: must: "Written contract requiring insurance" means that i. Immediately record the specifics of the part of any written contract or agreement under claim or "suit" and the date received; and which you are required to a person or or- ii. ganization as an additional insured on this CoverThe additional insured must see to it that we age Part, provided that the "bodily injury" and receive written notice of the claim or "suit" as "property damage" occurs and the "personal insoon as practicable. jury" is caused by an offense committed:
c. The additional insured must immediately send a. After the signing and e xecution of the contract us copies of all legal papers received in con- or agreement by you; "suit", cooperate with b. While that part o f the contract or agreement is us in the investigation or of the in effect; and claim or defense against the "suit", and othc. Before the end of the policy period. erwise comply with all policy conditions. d. The additional insured must tender the defense and indemnity of any or "suit" to

claim
settlement
include
nection with the claim or
claim
location additional
Notify us as soon as practicable.
139

COMMERCIAL AUTO
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
CA T3 53 02 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO EXTENSION ENDORSEMENT
© 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.

A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS – INCREASED
LIMITS
F. HIRED AUTO – LIMITED WORLDWIDE COVERAGE – INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE – GLASS

PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:

Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not
separately insured for Business Auto Coverage.

Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier.

B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II – COVERED AUTOS LIABILITY COVERAGE:

Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an additional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which
H. HIRED AUTO PHYSICAL DAMAGE – LOSS OF
USE – INCREASED LIMIT
I. PHYSICAL DAMAGE – TRANSPORTATION
EXPENSES – INCREASED LIMIT
J. PERSONAL PROPERTY
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II. C. EMPLOYEE HIRED AUTO

1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II – COVERED AUTOS LIABILITY COVERAGE:

An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your business.

2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV – BUSINESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
Policy #: 8101L5008512443G
140

COMMERCIAL AUTO

Includes copyrighted material of Insurance Services Office, Inc. with its permission. permission, while performing duties
related to the conduct of your business.

However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".

D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:

Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs.

E. SUPPLEMENTARY PAYMENTS – INCREASED
LIMITS

1. The following replaces Paragraph A.2.a.(2), of SECTION II – COVERED AUTOS LIABILITY COVERAGE:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish
these bonds.

2. The following replaces Paragraph A.2.a.(4), of SECTION II – COVERED AUTOS LIABILITY COVERAGE:
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $500 a day because of time off from work.

F. HIRED AUTO – LIMITED WORLDWIDE COVERAGE – INDEMNITY BASIS The following replaces Subparagraph (5) in Paragraph B.7., Policy Period, Coverage Territory, of SECTION IV – BUSINESS AUTO CONDITIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trade sanction, embargo, or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction, for Covered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow
without a driver for a period of 30 days or less
and that is not an "auto" you lease, hire, rent
or borrow from any of your "employees",
partners (if you are a partnership), members
(if you are a limited liability company) or
members of their households.
(a) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(i) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all proceedings and actions.
(ii) Neither you nor any other involved
"insured" will make any settlement
without our consent.
(iii) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".
(iv) We will reimburse the "insured" for
sums that the "insured" legally must
pay as damages because of "bodily
injury" or "property damage" to which
this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limits Of Insurance, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE.
(v) We will reimburse the "insured" for
the reasonable expenses incurred
with our consent for your investigation of such claims and your defense of the "insured" against any such
"suit", but only up to and included
within the limit described in Paragraph C., Limits Of Insurance, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends when we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(b) This insurance is excess over any valid
and collectible other insurance available
to the "insured" whether primary, excess,
contingent or on any other basis.
(c) This insurance is not a substitute for required or compulsory insurance in any country outside the United States, its territories and possessions, Puerto Rico and Canada.
141

COMMERCIAL AUTO
CA T3 53 02 15 Page 3 of 4
Includes copyrighted material of Insurance Services Office, Inc. with its permission. © 2015 The Travelers Indemnity Company. All rights reserved.

You agree to maintain all required or
compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory insurance requirements. (d) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories
and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.

G. WAIVER OF DEDUCTIBLE – GLASS
The following is added to Paragraph D., Deductible, of SECTION III – PHYSICAL DAMAGE COVERAGE:

No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.

H. HIRED AUTO PHYSICAL DAMAGE – LOSS OF
USE – INCREASED LIMIT
The following replaces the last sentence of Paragraph A.4.b., Loss Of Use Expenses, of SECTION III – PHYSICAL DAMAGE COVERAGE:

However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident".

I. PHYSICAL DAMAGE – TRANSPORTATION
EXPENSES – INCREASED LIMIT
The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION III – PHYSICAL DAMAGE COVERAGE:

We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type.

J. PERSONAL PROPERTY
The following is added to Paragraph A.4., Coverage Extensions, of SECTION III – PHYSICAL DAMAGE COVERAGE:

Personal Property
We will pay up to $400 for "loss" to wearing apparel and other personal property which is:
(1) Owned by an "insured"; and
(2) In or on your covered "auto".

This coverage applies only in the event of a total
theft of your covered "auto".

No deductibles apply to this Personal Property
coverage.

K. AIRBAGS
The following is added to Paragraph B.3., Exclusions, of SECTION III – PHYSICAL DAMAGE COVERAGE:

Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but
only:
a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated.

We will pay up to a maximum of $1,000 for any
one "loss".

L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV – BUSINESS AUTO CONDITIONS:

Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability company); (d) An executive officer, director or insurance
manager (if you are a corporation or other organization); or (e) Any "employee" authorized by you to give notice of the "accident" or "loss".

M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us, of SECTION IV – BUSINESS AUTO CONDITIONS :

5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident"
or "loss", provided that the "accident" or "loss"
arises out of operations contemplated by
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COMMERCIAL AUTO