South Lake Tahoe City Council
August 12, 2025

The county treasurer may rely in good faith on the sworn statements made in the claim and shall have no duty to inquire into the truth or credibility of evidence submitted.

In paying out the escheated estate, the county treasurer shall be held harmless to all. Payment shall act as total acquittance and shall completely discharge the county treasurer from any liability.

If the county treasurer rejects any claim made hereunder, the claimant may take his or her grievance to the Superior Court of the county holding the escheated estate.

Any claim paid hereunder shall be paid without interest. 50053. When any such money becomes the property of a local agency and is in a special fund, the legislative body may transfer it to the general fund.
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______________________________________________________________________________ City of SLT Financial Policies – Unclaimed Check Rev. August 2025 50054. Whenever any city or county or city and county renders construction services or constructs public works for any city, county, city and county or any other governmental agency below the level of the state government, the price charged for such services or construction shall be sufficient to reimburse the governmental body performing such services for the full cost thereof including labor, material, equipment costs or rentals and a reasonable allowance for overhead. In computing overhead, without limitation on other factors properly includable, there shall be allocated to the overhead cost its proportionate share of indirect labor and administrative costs. 50055. Any other provision of this article notwithstanding, any individual items of less than fifteen dollars ($15), or any amount if the depositor's name is unknown, which remain unclaimed in the treasury or in the official custody of an officer of a local agency for the period of one year or upon an order of the court may be transferred to the general fund by the legislative body without the necessity of publication of a notice in a newspaper.
50056. The responsibilities of the treasurer as provided under this article may be delegated by the treasurer to the agency, district, or department that maintains the supporting records of the unclaimed money based on the initial receipt or deposit of that money or both. 50057. For individual items in the amount of five thousand dollars ($5,000) or less, the legislative body of any county may, by resolution, authorize the county treasurer to perform on its behalf any act required or authorized to be performed by it under Sections 50050, 50053, and 50055. The resolution shall require that the county auditor be informed of each act performed under the authorization. 1512
1 City of SLT Financial Polices- Fraud, Waste, and Abuse Policy August 2025 Financial Policies
Fraud, Waste, and Abuse Policy

PURPOSE
The City of South Lake Tahoe is committed to safeguarding its revenue, property, information, and other assets from any fraudulent activity or deceitful conduct by members of the public, recipients of City funds, contractors, vendors, agents, employees, and City officials seeking unauthorized benefits.

All employees and City officials are responsible for the detection, reporting and prevention of fraud, misappropriation, and other forms of misuse. Accordingly, it is the policy of the City to identify and promptly investigate any suspected fraudulent or dishonest activity involving City resources and, when appropriate, pursue all legal remedies available under the law.

This policy is established to facilitate the development of controls to aid in the detection and prevention of fraud, waste, and abuse against the City of South Lake Tahoe. Its objective is to provide a confidential means for City employees, residents, officials, and other concerned individuals to report suspected wrongdoing or violations of applicable federal or State laws and regulations relating to fraud, waste, and abuse as defined in California Government Code 53087.6(e)(1)-(3).

This policy applies to all City employees, appointed and elected officials, consultants, vendors, contractors, outside agency volunteers, and any other entities or individuals who have a business relationship with the City.

DEFINITIONS
California Government Code section 53087.6(f)(4) defines “fraud, waste, or abuse” as any activity by a local agency or its employees that is undertaken in the performance of official duties, including actions outside the normal scope of employment, that violates any local, state, or federal law or regulation. This includes, but is not limited to:
 Corruption
 Malfeasance
 Bribery
 Theft of government property
 Fraudulent claims
 Coercion
 Conversion
 Malicious prosecution
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2 City of SLT Financial Polices- Fraud, Waste, and Abuse Policy August 2025  Misuse of government property
 Willful omission to perform duty
 Economically wasteful actions
 Gross misconduct
These activities are collectively referred to as “improper governmental activities”.

Fraud: Fraud is an intentional act of using dishonesty as a tool for personal gain. It involves obtaining something of value for personal or financial gain or depriving others, or an organization, of something of value through intentional deceit, misrepresentation, or concealment of something that should have been disclosed. Fraud can occur through the spoken word or by an individual’s conduct and actions. Whether an act is in fact, fraud is generally determined through the judicial or other adjudicative processes. If an act is reasonably believed to be fraudulent, it will be referred to the appropriate law enforcement agency for further investigation and possible prosecution.

Waste: Waste involves using or expending resources carelessly, negligently, extravagantly, or to no purpose, whether intentional or not, to the detriment of the City.

Waste includes incurring unnecessary costs as a result of inefficient or ineffective practices, poor oversight, weak internal controls, or a failure to follow established procedures. Waste detracts from the City’s mission and reduces public trust.

Abuse: Abuse is the improper, excessive, or unreasonable use of authority, position, or resources. It includes behavior that violates policy or falls short of prudent standards expected in the public service. Abuse may not always be illegal but is contrary to the ethical and responsible use of government resources. Examples include using City resources for personal benefit or directing public funds in a manner inconsistent with established norms or expectations.

POLICY
The City is committed to promptly identifying and thoroughly investigating any suspected fraudulent, dishonest, or improper activities. When appropriate, the City will pursue all available legal and disciplinary remedies, which may include, but is not limited to, termination of employment or contract, restitution, and referral to law enforcement for potential criminal prosecution. Investigations will be conducted objectively and without regard to the suspected individua’s length of service, position, or relationship to the City.

Each City department is responsible for establishing and maintaining effective internal controls that provide reasonable assurance of the prevention and detection of fraud, waste, and abuse. These controls are critical to ensuring integrity, accountability, and the appropriate use of City resources.

Examples of Fraudulent Activities: Fraud and similar irregularities include, but are not limited to, the following examples:
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3 City of SLT Financial Polices- Fraud, Waste, and Abuse Policy August 2025 a. Filing claims for reimbursement of expenses that are not job-related or authorized by applicable regulations, including those related to grant funds or travel.
b. Forgery or unauthorized alteration of documents, such as checks, time sheets, purchase orders, independent contractor agreements, budgets, grants, or promissory notes.
c. Misappropriation, misapplication, destruction, removal, or concealment of City assets, including funds, securities, supplies, furniture, or equipment. d. Theft of any asset, including money or tangible property. e. Improprieties in the handling or reporting of monetary transactions, including falsification or concealment.
f. Authorizing payment for goods not received or services not performed, excluding prepayments that were preapproved by the City Council or City Manager.
g. Authorizing or receiving compensation for hours not worked. h. Intentional misuse of the City Procurement Card (Cal Card) for personal expenses or prohibited items.
i. Unauthorized computer-related activity, including alteration, destruction, forgery, or manipulation of data, or misappropriation of City-owned software.
j. Knowingly misrepresenting information on any official document or report. k. Seeking or accepting anything of material value for personal gain from individuals or organizations doing business with the City, including vendors, consultants, contractors, lessees, applicants, and grantees. l. Any apparent violation of federal, State or local laws related to fraudulent or dishonest activity.
 Fraud does not include honest errors or unintentional omissions made by employees performing legitimate functions in the normal course of their duties. If there is any uncertainty about whether an action constitutes fraud, employees should contact the Human Resource Manager or the Finance Director for guidance.

Examples of Waste Indicators: Waste involves the failure to obtain reasonable value for public funds in connection with government-funded activities due to an inappropriate act or omission. While most instances of waste do not involve a violation of law, they often result in mismanagement, poor judgment, or inadequate oversight.

Examples of Waste Indicators include:
a. Extravagant, careless, or unnecessary expenditure of government funds that do not serve a justified public purpose.
b. Programmatic or operational mismanagement leads to inefficiency, underperformance, or failure to achieve intended outcomes. 1515
4 City of SLT Financial Polices- Fraud, Waste, and Abuse Policy August 2025 c. Unnecessary costs incurred due to inefficient or ineffective practices, outdated systems, or inadequate internal controls.

Examples of Abuse: Abuse refers to behavior that is deficient, improper, or excessive when compared to what a prudent person would consider reasonable and necessary under the circumstances. Abuse may involve the misuse of one’s authority, position, or City resources for personal benefit or for the benefit of an immediate or close family member, friend, or business associate.

Abuse does not necessarily involve fraud or a violation of laws, regulations or provisions of a contract or grant agreement, but it undermines the integrity and efficiency of government operations.

Examples of Abuse Indicators include:
a. Creating or authorizing unnecessary or excessive overtime. b. Requesting or expecting staff to perform personal errands or non-City-related work for a supervisor or manager.
c. Performing tasks related to a personal business during working hours or using City equipment for non-City purpose.
d. Misusing an employee’s or official's position for personal gain, including benefiting immediate or close family members or associates.
e. Making travel choices that violate City travel policies or are unnecessarily extravagant or costly.
f. Procuring goods or services in a manner that existing procurement policies or result in excessive or unjustified expenses.

The City will take great care when addressing suspected dishonest or fraudulent activities to ensure fairness and integrity throughout the investigative process. Specifically, the City will work to avoid:
a. Making incorrect or unsubstantiated accusations.
b. Alerting suspected individuals or companies that an investigation is underway, to avoid compromising the inquiry.
c. Treating employees or third parties unfairly or without due process. d. Making statements that could result in claims of false accusations or defamation.

Employees who knowingly or negligently make false accusations may be subject to disciplinary action, up to and including termination.

PROCEDURES
Reporting Fraud, Waste, or Abuse:

City employees who become aware of, or suspect fraud, waste, or abuse involving City funds or resources are encouraged to report their concern through one of the following channels:
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5 City of SLT Financial Polices- Fraud, Waste, and Abuse Policy August 2025 Internal Reporting:
 Primary Contact: Employees are encouraged to first report concerns to their immediate supervisor.
 Escalation: If the employee is uncomfortable doing so, especially if the supervisor is involved in, condones, or ignores the suspected activity, the employee should escalate the issue by reporting directly to their Department Head or the Human Resources Manager.
 Supervisor Responsibility: Supervisors must report all allegations of fraud, waste, or abuse to their Department Head.
 Department Heads are required to report such concerns to both the Human Resource Manager and the Director of Finance.

Anonymous Hotline: Employees may also report concerns anonymously via the City’s employee hotline:
 Hotline number:(800) 576-5262
 Organization Code: 10060 (City of South Lake Tahoe)
 Availability: 24 hours a day, 7 days a week
Complainants may choose to remain anonymous. However, anonymous reports will not receive follow-up feedback due to the lack of identifying contact information.

Responsibilities of City Officials:

1. Reporting: If an elected or appointed City official has reason to believe that fraud or misuse of City resources has occurred, they must immediately report the concern to the City Manager.

2. No Independent Investigation: City officials must not attempt to investigate the matter themselves or discuss the suspicion with anyone other than the City Manager, to preserve the integrity of the investigation and avoid potential legal complications.

3. Exception - Involvement of City Manager: If the suspected misconduct involves the City Manager, the official must report the matter directly to the City Attorney.

4. Media Inquiries: Allegations of fraud or the status of any related investigation must not be discussed with the media by any person, except through an official statement made by the City Manager, in consultation with the City Attorney and Finance Director.
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6 City of SLT Financial Polices- Fraud, Waste, and Abuse Policy August 2025 Management Responsibilities:

For the purpose of this policy, “Management” includes Department Directors, the Human Resource Manager, City Clerk, City Attorney, Fire Chief, Police Chief and members of the Senior Staff team.

Management personnel are expected to model ethical conduct and maintain vigilance in preventing and responding to fraud, waste, or abuse within their areas of responsibility.

Responsibilities include:

1. Remain Alert and Report: Management is responsible for being vigilant and reporting any suspected fraudulent, dishonest, or improper activities occurring withing their areas of oversight.

2. Understand Risk Areas: Managers should be familiar with the types of improprieties that could occur within their departments and remain alert for signs of potential misconduct, misappropriation, or fraud.

3. Preliminary Assessment: When improper activity is detected or suspected, management should make an initial determination as to whether the issue appears to be an honest error or potentially fraudulent behavior.

4. Reporting Requirement: When management has been notified by an employee, or they suspect fraud has occurred, management must immediately notify the Finance Director and Human Resource Manager to initiate formal investigation procedures.

5. Do Not Investigate Independently: Except for the Human Resources Manager, management must not attempt to conduct investigations, interviews, or interrogations.

6. Support Investigations: Management is expected to fully support and cooperate with City staff and law enforcement in the detection, investigation, and prosecution of criminal acts, including testifying or providing documents when necessary.

7. Maintain Confidentiality: Management must not discuss the case or share details of an investigation with anyone inside or outside the City unless explicitly authorized by the City Manager, or as required by law.

8. Media Inquiries: All inquiries from the media regarding suspected fraud or investigations must be directed to the City Manager’s office.

Investigation Responsibilities:

The following outlines the procedures and roles involved in investigating suspected fraud, waste, or abuse under this Policy:

1. Initial Review: The Director of Finance and Human Resource Manager are jointly responsible for conducting an initial review of all reported or suspected fraudulent 1518
7 City of SLT Financial Polices- Fraud, Waste, and Abuse Policy August 2025 activity.

2. Preliminary Reporting: Upon completing the initial review, the findings will be reported to the City Manager for further consideration.

3. Determination of Next Steps: The City Manager will determine whether further investigation is warranted and will decide whether the investigation should be handled internally or referred to a third-party Investigator for independent review.

4. Final Report and Action: Upon conclusion of the investigation, a confidential report will be submitted to the City Manager and City Attorney. If the report concludes the allegations are substantiated, the City Manager, in coordination with the Human Resource Manager and/or City Attorney, will take appropriate disciplinary or administrative action.

5. Referral to Law Enforcement: Depending on the nature and severity of the findings, the report may be submitted to the Police Department for criminal investigation and/or additional legal proceedings.

6. Recommendation for Prevention: Upon completion of any investigation conducted pursuant to this Policy, the Director of Finance and Human Resource Manager can make recommendations to the relevant department(s) for strengthening internal controls and preventing similar occurrences in the future.

Employee Responsibilities:

Employes play a key role in maintaining the integrity of City operations. When an employee observes or becomes aware of suspected fraudulent incidents or practices, the following responsibilities apply:

1. Timely Reporting: The employee must report the incident or suspicion to their immediate supervisor as soon as possible and no later than two (2) working days after becoming aware of the incident. If the employee believes the supervisor may be involved or unwilling to act, the report should be made directly to the Department Head, or the Human Resource Manager.

2. Alternative Reporting Option: Employees may also report concerns anonymously by calling the City’s employee hotline at (800)576-5262, using the organization code 10060.

3. Avoid Independent Action: Employees must not attempt to investigate, confront the suspected individual, or discuss the matter with anyone outside of the appropriate chain of command. Communications should be limited to the employee’s supervisor, assigned Investigator, City Manager, or as otherwise permitted by applicable law.

4. Cooperation with Investigations: Employees are required to fully cooperate with investigations. Providing false information or refusing to cooperate may result in disciplinary action, up to and including termination.
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8 City of SLT Financial Polices- Fraud, Waste, and Abuse Policy August 2025 California Whistleblower Protection Act:

It is the public policy of the State of California to encourage employees to notify an appropriate government or law enforcement agency, person with authority over the employee, or another employee with authority to investigate, discover, or correct the violation or noncompliance, and to provide information to and testify before a public body conducting an investigation, hearing or inquiry, when they have reason to believe their employer is violating a state or federal statute, or violating or not complying with a local, state or federal rule or regulation. Protection is afforded to whistleblowers under California Labor Code Section 1102.5.

Retaliation Prohibited:

The City of South Lake Tahoe strictly prohibits retaliation against any employee who, in good faith, reports suspected fraud, abuse, or other improper conduct. When an employee provides information about a suspected impropriety committed by another employee, neither the City nor any person acting on behalf of the City shall:
a. Dismiss or threaten to dismiss the employee
b. Discipline, suspend or threaten to discipline or suspend the employee c. Impose any penalty upon the employee or
d. Intimidate or coerce the employee.

Employees are encouraged to report suspected wrongdoing without fear of retaliation.

Violations of this anti-retaliation policy may result in disciplinary action, up to and including termination.

CORRECTIVE ACTIONS AND DISCIPLINE
Appropriate and timely action will be taken against any individual found to have committed a fraudulent, dishonest, or otherwise improper act. The City will act in accordance with applicable laws, policies, and procedures to protect public assets and maintain organizational integrity.

Remedial actions may include, but are not limited to:
a. Disciplinary action, up to and including immediate termination of employment or contractual relationship
b. Restitution for all losses, including the cost of investigation, legal fees, and other related expenses, to the fullest extent permitted by law. c. Referral of the matter to the appropriate law enforcement agencies for potential criminal prosecution.
d. Institution of civil action to recover losses or damages.  The City will pursue all reasonable efforts, including court-ordered restitution, to recover losses resulting from fraud, whether from the offender or another appropriate source.
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9 City of SLT Financial Polices- Fraud, Waste, and Abuse Policy August 2025  If it is determined that fraud has occurred, the Investigator, City Manager and Finance Director will assess the root cause and implement necessary internal control improvements to help prevent future incidents.

RELATED POLICIES
This policy is designed to augment other City policies and procedures containing related information. It does not replace or preclude them. For related and/or additional information, employees should refer to:
 City’s Procurement Policy and Procedures
 Grant Compliance Policy
 Cal Card Handbook
 Personnel Rules
 City Employment Policies

COMPLIANCE
All employees are expected to understand and comply with this policy. Failure to comply may result in disciplinary action in accordance with the City’s Personnel Rules, up to and including termination of employment.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 12, 2025
Agenda Item #:12
Agenda Item: Amendment No.1 to Agreement with Black Eagle Consulting for 2025 Construction Season Material Testing
Executive Summary: On June 18, 2024, City Council awarded Black Eagle Consulting a material testing contract (C-135-2024) for the 2024-2025 construction season for all of the City’s Public Works Projects. Due to increases in materials testing, the Public Works Department is requesting an increase in the contract value to Black Eagle Consulting by $150,000, for a not-to-exceed contract value of $355,000. No additional funding is required for this amendment, as the money is already allocated to each project's budget. All services will be provided based on the approved contract terms.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor Pro Tem to execute Amendment No.1 to Agreement with Black Eagle Consulting for an Additional $150,000 for the 2025 Construction Season Material Testing, for a total amount not to exceed $355,000.

Responsible Staff Member: Stephen Anderjack, Project Manager Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report-Amendment 1.docx
02-Amendment_1-C-XXX-2025.docx
03 - C-135-2024 Black Eagle Consulting.pdf
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Council Agenda Report- August 12, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 12, 2025
Title: Amendment No. 1 (C-XXX-2025) for an Additional $150,000 to Black Eagle Consulting Professional Services Agreement and Material Testing for Construction Season 2025 (C-135- 2024)
Location: City of South Lake Tahoe Construction Projects Responsible Staff Member: Stephen Anderjack, Project Manager, 530-721-1102 Background:

Black Eagle Consulting is the current material testing consultant for all of City of South Lake Tahoe Public Works Projects and has been conducting testing under this contract since the start of the 2024 construction season.

Amendment 1 seeks to increases the Black Eagle contract value as the total value of construction work needed has increased under the same scope of work put forth in their prior contract. Black Eagle is already conducting material testing for all Public Works projects with their current contract, which has almost reached the budget ceiling.

The original Request For Proposals (RFP) advertised all of the current projects that Black Eagle is working on. No additional projects are being added to the scope of work. This amendment is needed In order to prevent a gap in material testing services during the 2025 construction season. Material testing is a typical part of construction and is needed to confirm the appropriate materials are being used in City projects. It is also a reimbursement requirement for our federally funded projects, so if there is a gap in material testing, the City may not be eligible for federal reimbursement. A new RFP for material testing services is currently advertised on Planet Bids and the Public Works Department is planning to present the award of this contract to City Council on September 23rd. Once the new material testing PSA is in place, all material testing services will be transferred to the new PSA.

No extra funding is required for this amendment as the money is already allocated to each project but cannot be used because of the current Black Eagle Consulting contract limits. The contract end date will remain December 31, 2025.

Issue and Discussion:

The budget for material testing within the original contact is approaching its not-to-exceed value.

The funding for material testing comes from each project’s budget. No additional funding is being requested. This Amendment 1 (C-XXX-2025) valued at $150,000 will allow for material testing to continue for the duration of the 2025 construction season. This will bring the total contract value to $355,000.
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Council Agenda Report- August 12, 2025 Page 2 of 2
Financial Implications:

No financial implications from this Amendment 1 to Black Eagle Consulting PSA as the funding for this amendment will come from project specific sources.

Environmental Considerations:

This action is exempt from review under California Environmental Quality Act (“CEQA”) Guidelines section 15306 (Information Collection).

Policy Implications:

This Amendment 1 relates to Strategic Priority 5.5 “Increase annual repair through innovative maintenance and rehab program” as this amendment will allow for materials testing on Public Works construction project.
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City of South Lake Tahoe –
PSA Amendment No. 1 (C-XXX-2025)
AMENDMENT 1 (C-XXX-2025) TO PROFESSIONAL SERVICES

AGREEMENT
The Professional Services Agreement entered into on June 18, 2024, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and Black Eagle Consulting. (“CONSULTANT”) is hereby amended as set forth below.

The terms of the Professional Services Agreement (C-135-2024) are hereby amended to read as follows:

Section 2 is hereby repealed in its entirety and replaced with the following language:

Section 2. Term/Time of Performance. The services by Consultant are to commence upon the execution of this Agreement and shall continue until all authorized work is approved by City. All such work shall be completed not later than December 31, 2025.

Time is of the essence, and failure of Consultant to perform the services required by this Agreement, as amended, by December 31, 2025 shall constitute a material breach of this Agreement as amended.

Section 3 is hereby repealed in its entirety and replaced with the following language:

Section 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Black Eagle Consulting PSA (C-135-2024). An additional amount of $150,000.00 is authorized under this amendment. In no event shall Consultant compensation for work completed under this Agreement exceed the sum of the original contract amount of $205,000.00 plus the additional fee of $150,000.00 (Amendment No. 1) for an amended total fee of $ 355,000.00 without authorization from the City. Payment by the City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 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.

Exhibit B (Schedule of Charges) is hereby repealed in its entirety and replaced with the following language:

1. 1. Inspection Services:

Weekly Inspector Rate (All Inclusive) $6,400.00 per week Hourly Rate (if authorized in writing): $160.00/hour
Travel and out-of-pocket expenses
(included in Weekly rate)
Total for Inspection Services: Total Not to Exceed $96,000 1525
City of South Lake Tahoe –
PSA Amendment No. 1 (C-XXX-2025)

2. 2. Materials Testing:

On time and materials per the Rate Sheet in
the Proposal for not to exceed amount:

Total Not to Exceed: $240,000

3. Constructability Reviews
On time and materials at $160/hour, per the
Rate Sheet in the Proposal for not to exceed
amount:

Total Not to Exceed: $19,000
GRAND TOTAL (not to exceed) Total Not to Exceed: $355,000 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: __________________________ Cody Bass, Mayor Pro Tem Shaun Smith, P.E., LEED AP
Regional Vice President
Black Eagle Consulting

Business License # 321632

APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk 1526
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 12, 2025
Agenda Item #:13
Agenda Item: Ratification of Contract Amendment with Patrick Clark Consulting for Labor Relations Support
Executive Summary: On February 8, 2023, the City entered into an agreement with Patrick Clark Consulting to provide specialized labor relations consulting services, for an amount not to exceed $50,000. Staff inadvertently exceeded that amount, requiring this ratification. The City continued to face complex and ongoing labor relations needs that required the specialized expertise provided by Patrick Clark Consulting. The proposed amendment increases the not-to-exceed contract amount by $13,000, from $50,000 to $63,000. No additional budget appropriation is required, as sufficient funds were available within the existing departmental budget. Upon ratification of the amendment, the agreement will automatically terminate pursuant to Section 15.b of the original contract.

Requested Action / Suggested Motions: Pass a Motion ratifying a contract amendment with Patrick Clark Consulting for Labor Relations Support for additional compensation of $13,000, and a total amount not to exceed $63,000.

Responsible Staff Member: Joseph Irvin, City Manager
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report-PSA Amendment No. 1 Patrick Clark Consuting.docx 02-Amendment No. 1 with Patrick Clark Consulting.docx
03-C-018-2023 Patrick Clark Consulting.pdf
1588
Council Agenda Report August 12, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 12, 2025
Title: Ratification of Contract Amendment with Patrick Clark Consulting for Labor Relations Support
Location: City-wide
Responsible Staff Member: Ember Buckman, Human Resources Manager, and Joseph Irvin, City Manager
Background: On February 8, 2023, the City entered into an agreement with Patrick Clark Consulting to provide specialized labor relations consulting services, for an amount not to exceed $50,000. These services included Labor Negotiations Advisor, contract negotiations with employee unions, dispute resolution, compliance with state and federal labor regulations, document preparation, and strategic guidance on labor relations policies. Patrick Clark Consulting provided essential expertise, contributing to effective workforce management and stable employee relations as well as meeting requirements set forth by the Meyers-Milias Brown Act (MMBA).

Per Section 15.b of the agreement, the contract automatically terminates once the compensation cap is reached. Staff inadvertently exceeded the original contract amount, requiring this ratification.

Issue and Discussion: The City continues to face complex and ongoing labor relations needs that required the specialized expertise provided by Patrick Clark Consulting. These needs include navigating ongoing labor requests, providing guidance on labor relations issues that arise, working directly with labor representatives to resolve disputes, collaboratively developing guidelines, proposals counterproposals and documentation to ensure compliance with the Meyers-Milias Brown Act. The intricacy of these matters had exceeded initial projections, necessitating additional consultant support to maintain operational continuity and avoid potential disruptions in labor relations processes.

The proposed amendment increases the not-to-exceed contract amount by $13,000, from $50,000 to $63,000, to cover the extended engagement needed to address labor relations demands. Upon ratification of the amendment, the agreement will automatically terminate pursuant to Section 15.b of the original contract.

Financial Implications: The proposed contract amendment increases the not-to-exceed amount from $50,000 to $63,000. No additional budget appropriation is required, as sufficient funds were available within the existing departmental budget.

Environmental Considerations: This action is not a “project” requiring environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(5) (organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment). 1589
Council Agenda Report August 12, 2025 Page 2 of 2
Policy Implications: This request complies with the Myers-Milias-Brown Act (MMBA), which governs labor relations for public agencies in California, including requirements for collective bargaining and dispute resolution. The amendment also adheres to applicable labor relations requirements, ensuring the City maintains transparent and lawful processes in its workforce management. Approval of this contract amendment supports the City’s commitment to fostering fair and effective labor relations practices.
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CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
Ratification of Amendment No. 1
City of South Lake Tahoe – Patrick Clark Consulting
PSA Amendment
This Ratification of Amendment No. 1, dated August 12, 2025, modifies the Professional Services Agreement between the City of South Lake Tahoe, a municipal corporation ("City") and Patrick Clark Consulting ("Consultant") entered into on February 7, 2023 (C-018-2023).

The non-to-exceed amount of $50,000 was inadvertently exceeded by the Parties, who now wish to ratify this amendment to cover the overage. Upon ratification of the amendment, the agreement will automatically terminate pursuant to Section 15.b of the original contract.

1. Section 7 c (Compensation), and is amended to read in their entirety as follows:

Total Compensation - The total compensation and costs payable to the Consultant under this agreement shall not exceed the sum of sixty three thousand dollars ($63,000) (“Compensation Cap”), except to the extent Compensation Cap is increased or removed by renewal or extension of this agreement, per the term of Section 16.

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

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: ____________________________ Cody Bass, Mayor Pro-Tem Patrick Clark, Patrick Clark Consulting APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk 1591

AGREEMENT FOR CONSULT ANT SERVICES BETWEEN

THE CITY OF SOUTH LAKE TAHOE
AN D

PATRI CK CLARK CONSULTING
This Agreement (" Agreement") is made between the City of South Lake Tahoe (" CLIENT") and Patrick Clark Consulting, a sole proprietorship (" CONSULT ANT").

AGREEMENT

1. TERM - This Agreement will become effective on the date by which both parties have signed the Agreement (" Effective Date") and will continue in full force and effect until terminated in accordance with Section 15 , except to the extent renewed or extended in accordance with Section 16. All days set out are calendar days unless otherwise specified.

2. SERVICES -
a. Services Provided - CONSUL TANT shall provide labor relations consulting services in accordance with Attachment A , which is incorporated into this Agreement by this reference, but only to the extent Attachment A services are strictly limited by and interpreted in accordance with Section 2.b. of this Agreement; reasonably accomplishable, either by the date of termination, which date shall be established in accordance with Section 15 , or any later date established in accordance with Section 16; and otherwise consistent with this Agreement. These services , as thus defined and limited, shall be collectively known as " CONSUL TANT Services." b. Services NOT PROVIDED: Complementary/ Sub- Specialist and Licensed Professional Services - CONSULT ANT Services shall be strictly limited and interpreted to exclude any work that might be construed to require any complementary or sub- specialization or professional license. CLIENT understands that CONSULT ANT hires no employees or sub- contractors to provide complementary/ sub- specialist or licensed professional services , directly or indirectly for the benefit of CLIENT, and possesses no complementary/ sub- specialist expertise or professional licensure himself. Therefore , both parties agree that:

1. CONSULT ANT shall provide no complementary/ sub- specialist or licensed professional services, directly or indirectly to CLIENT, pursuant to this Agreement or otherwise;

11. Excluded complementary/ sub- specialist and licensed professional services include, but are not necessarily limited to , services properly performed instead by an attorney , accountant, actuary , banker, insurance agent/ broker/ company, investment banker, investment advisor, mortgage banker/ broker, security broker/ dealer, structured settlement broker, or expert in compensation studies. 111 . CLIENT shall not construe or rely upon any CONSULT ANT Services, or any analysis, advice , or services in fact provided by CONSULT ANT, pursuant to this Agreement or otherwise , as complementary/ sub- specialist or licensed professional services;
1v. Although CONSUL TANT might periodically recommend CLIENT hire various complementary/ sub- specialists or licensed professionals , CLIENT shall CONSULTANT' s initials) ~ it:E~ f,s initials)
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be required to and shall be solely responsible for determining if and when CLIENT reasonably requires complementary/ sub- specialists or licensed professionals, for any purpose, including any contemplated by or reasonably required to accomplish the purposes of Section 2.a. or Attachment A; and v. CLIENT shall be solely responsible for directly selecting , vetting, employing, or contracting with, and superv1smg any necessary or desired complementary/ sub- specialists and licensed professionals, including but not limited to any contemplated by or reasonably required to accomplish the purposes of Section 2.a. or Attachment A. Such complementary/ sub- specialists and licensed professionals shall include, but not necessarily be limited to:
a) Legal counsel , for all CLIENT' s legal advice, legal analysis, and legal services, including, but not necessarily limited to final drafting, reviewing, approving , and assuring legal adequacy of all language and content of all Memorandums of Understanding ( MOU s ), prior to MOU adoption by CLIENT' s City Council ;
b) Actuaries , for all CLIENT' s actuarial needs, including, but not necessarily limited to any actuarial analysis needed to sufficiently consider and develop desired proposals , counter- proposals, strategies, and human resources and labor relations documents as are necessary to negotiations , for example as may be required for consideration and analysis of employee and retiree benefits options ' viability , cost, pros and cons, and risks ;
c) Accountants, for CLIENT' s accountancy needs , including, but not necessarily limited to tax counseling related to the language and content of all Memorandums ofUnderstanding ( MOUs), prior to MOU adoption by CLIENT' s City Council ;
d) Appropriate financial , investment, and insurance professionals , for all other financial advice and services including, but not necessarily limited to advice and services related to the availability of funds or specified rate of return or interest; the expected performance, fluctuation in or future market value of investments or securities; potential sales , earnings , profitability or economic value ; securing financing; and the preparation of pro- forma statements , such as those which are the basis of and/ or are used with third parties for the purpose of securing capital through debt, equity creditor or other means;
e) Compensation study experts , for all CLIENT' s necessary or desired compensation studies helpful in forming appropriate bargaining proposals related to compensation; and
f) Any and all other complementary/ sub- specialists or licensed professionals, needed or desired, for any and all other analysis , advice, or services, requiring such complementary/ sub- specialization or professional licensure, which are reasonably required in order to accomplish any CLIENT purpose, including the purposes of Section 2.a and Attachment A
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3 . ABILITY TO PERFORM - CONSULTANT agrees and represents that it has the availability , ability , and expertise to perform CONSULTANT Services. 4 . DISCLAIMER OF GUARANTEE - CONSULTANT shall perform CONSULTANT Services in a manner consistent with the level of due diligence normally observed by a person of CONSULT ANT' s qualifications , offering CONSULT ANT Services , as defined by Section 2, Attachment A , and this Agreement generally. However, nothing in this Agreement and nothing in CONSULT ANT' s statements to CLIENT should be construed as a promise or guarantee about outcomes, completion time, or total fees.

CONSULTANT makes no such promises or guarantees. CONSULTANT' s comments about such topics are expressions of opinions only. Actual outcomes , time required, and fees due ( other than hourly rate and other billing policies specified in Section 7 and Attachment B) may vary from any estimates given.

5. DIRECTION & EXECUTION -
a. Direction: To the extent consistent with Section 6 and the rest of this Agreement, CONSULT ANT shall take direction from , and be monitored by CLIENT' s City Manager, and/ or a duly authorized designee , except as otherwise specified in this Agreement.
b. Execution: CONSULT ANT shall assign Patrick Clark to have overall responsibility for the progress and execution of CONSULT ANT' s obligations under this Agreement. Any change in this assignment may be cause for termination of this Agreement by CLIENT, in accordance with Section 15.

6. ENTITY AS CLIENT - CLIENT is the client, and the only client, under this Agreement.

Therefore, CONSULT ANT' s duty under this Agreement is to the CLIENT itself, as represented by its duly elected legislative body , when acting in accordance with all applicable laws. Accordingly , and notwithstanding Section 5, or any other provision of this Agreement, CONSULT ANT
a. Adopts no separate duty by this Agreement to any individual or entity working with or for CLIENT;
b. Shall only take direction from any individual or entity working with or for CLIENT to the extent CONSULTANT finds it consistent with CONSULTANT' s duty to CLIENT pursuant to this agreement ; and
c. Shall be permitted to consult with CLIENT' s legislative body , as CONSULTANT deems necessary , and in the manner and to the extent permitted by California law, to properly execute CONSULT ANT' s obligations to CLIENT under this Agreement.

7. COMPENSATION -

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a. Compensation Rates, Definitions, and Policies - Compensation rates , definitions , and policies are as set forth in Attachment B , and incorporated into this Agreement by this reference.
b. Method of Billing and Payment - At or near the end of each calendar month, CONSUL TANT shall submit to CLIENT an invoice for CONSULT ANT' s Time Worked, and, at CONSULT ANT' s discretion, Billable Expenses , incurred during that calendar month, in accordance with the compensation rates , definitions, and policies described in Attachment B. CLIENT shall pay each invoice in full within 30 days of its receipt.
c. Total Compensation - The total compensation and costs payable to Consultant under this Agreement shall not exceed the sum of fifty thousand dollars , ($ 50 ,000) Compensation Cap"), except to the extent Compensation Cap is increased or removed by renewal or extension of this Agreement, per the terms of Section 16.

8. INSURANCE - CONSULTANT, at CONSULTANT' s own cost and expense, shall procure and maintain, for the duration of the Agreement, insurance policies and endorsements of the type described below.
a . Coverage Required -

1. Business General Liability Insurance Policy -$ 1 ,000 ,000. 00 per claim and 2 ,000 ,000. 00 general aggregate ;

11. Auto Liability Insurance Policy -$ 1 ,000 ,000. 00 ; m. Errors and Omissions Insurance Policy -$ 1 ,000 ,000. 00; and 1v. Workers Compensation Insurance Policy, if/when applicable - Currently CONSULT ANT has no employees and is not planning to hire any employees. Therefore, currently CONSUL TANT maintains no workers compensation insurance. However, if CONSULT ANT hires employees in the future , at that time CONSULT ANT shall obtain workers compensation insurance and maintain it for so long as CONSULT ANT retains such employees.
b. Endorsements - Within a reasonable amount oftime after the later ofthe following two dates , if those dates differ: i) the Effective Date of this Agreement, stated in Section 1; and ii) the date by which all parties have signed this Agreement, CONSULT ANT shall ensure that CONSULT ANT' s business general liability and auto liability insurance policies , referenced in Sections 8.a.i-ii, name CLIE NT and related parties as additional insured( s), as follows: " City of South Lake Tahoe and its officers , employees, agents , and volunteers."
c. Evidence of Coverage -

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1. As soon as practicable upon securing the endorsements required by Section

8.b., CONSULTANT shall ensure that ( a) certificates of insurance indicating evidence of the endorsements required by Section 8.b are delivered to CLIENT ; and , (b) within a reasonable period of time after a copy of any particular policy required by Section 8.a is requested by CLIENT in writing , that requested copy is delivered to CLIENT.

11. Thereafter, at reasonable intervals , in order to assure that required insurance coverage has not lapsed , with a reasonable period of time after written request by CLIENT ( a) CONSULTANT shall ensure CLIENT is provided with requested additional certificates of insurance , indicating evidence of the endorsements required by Section 8.b ; and ( b) CONSULTANT shall ensure CLIENT is provided with any requested copies of any particular policy required by Section 8.a, if the language in that policy may have changed since CLIENT' s last request.
d. Substitute Insurance - CONSULTANT agrees that ifit fails to maintain insurance coverage ofthe type described under Section 8.a. and 8.b., for the duration ofthis Agreement, whether due to the required insurance lapsing , expiring , terminating , being suspended, or otherwise failing to be maintained , and then fails to reinstate such insurance within 8 business days ofreceiving written notice from CLIENT of CLIENT's plan to exercise its rights under this Section 8.d., CLIENT may either i) immediately terminate this Agreement, upon delivery of written notice; or (ii) take out the minimum insurance necessary to rectify the lapse and pay the premium(s) thereon, at CONSULTANT' s expense.
e. Self-Insured Retention or Deductible - CONSULTANT shall be responsible for all deductibles and self-insured retentions on CONSULTANT' s insurance policies, except when CLIENT makes a claim as an additional insured , in which case CLIENT shall be responsible.
f. Subcontractors - CONSULTANT subcontractors must also carry insurance policies of the type described in Section 8.a., but only to the extent and for the duration they directly perform CONSULTANT Services , as opposed to services performed for CONSULTANT and/or for the general operation of CONSULTANT' s business, including , but not limited to secretarial services, accountancy services , and legal services to assist CONSULTANT in drafting and negotiating this Agreement, for example.

9. INDEPENDENT CONTRACTOR - Both parties agree that CONSULTANT shall perform CONSULTANT Services as an independent contractor, not as an employee of CLIENT. Accordingly, CONSULTANT shall retain the right to perform similar and different services for others during the term ofthis Agreement; shall determine the means , methods, timing , and manner of performing CONSULTANT Services , subject only to the requirements ofthe Agreement; and shall be the primary provider of the tools and supplies needed to perform CONSULTANT Services.

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1O. ASSIGNMENT AND SUBCONTRACTING - A substantial inducement to CLIENT for entering this Agreement is to avail itself of CONSULTANT' s unique combination of experience , reputation, and skill in delivering CONSULTANT Services. Therefore , CONSULTANT agrees to refrain from assigning this Agreement or subcontracting any portion of CONSULTANT Services to a third party , without prior written permission from CLIENT. However, nothing in this Section shall prohibit CONSULTANT, with or without prior written permission from CLIENT, from hiring independent contractors or employees to provide support services for the general operation of CONSULTANT' s business , including , but not limited to secretarial services , accountant services , and legal counsel to assist CONSULTANT in drafting and negotiating this Agreement, for example.

11. COMPLIANCE WITH LAWS - CONSUL TANT agrees to comply with all federal, state , county and local laws , ordinances , and regulations applicable to CONSULTANT , except as otherwise inconsistent with Section 2.b or any other provisions of this Agreement.

CONSULTANT' S obligation includes , but is not limited to , a) applying for any business license required by CLIENT for businesses working but not maintaining offices in CLIENT's jurisdiction, and b) filing Forms 700. However, CONSULTANT shall be required to comply with a) and b ), only if/when CLIENT notifies CONSULTANT in writing of any such requirements , each applicable year. CLIENT' s notification obligation , related to b ), is consistent with FPCC policy , as indicated by its July 26 , 2016 Informal Assistance letter , File No. 1-16-062 , stating , in part " The City must have a method in place to review current and future City contracts and identify those contracts For the contracts identified, the City has a responsibility to notify each contractor of the contractor's obligation to file."

12. CONFIDENTIALITY - All data, documents , discussions , and other information developed or received by CONSULTANT in performing CONSULTANT Services shall be deemed confidential (" Confidential Information"), except that which is either immaterial , shared in communications with representatives ofCLIENT bargaining units , publicly available , generally known , and/or released by CLIENT to the public.

CONSULTANT shall not disclose Confidential Information, except as CONSULTANT reasonably and in good faith determines is either required by law, authorized by CLIENT, helpful in order either to perform CONSULTANT Services or to execute any other provision this Agreement, or is otherwise reasonable , as in the event ofa dispute between CONSULTANT and CLIENT.

13. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY -
a. Ownership of Intellectual Property - CONSULTANT owns the copyright to any and all reports , documents , and other written material provided by CONSULTANT to CLIENT in the performance ofthis Agreement (" Written Products"). Therefore , CLIENT shall not attempt to register copyright or resell any version ofsuch Written Products. CONSULTANT may take , retain, disclose , reformulate , reuse , resell and

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register copyright versions of such Written Products from which any and all of CLIENT's confidential information has been removed.
b. Licensing of Intellectual Property - This Agreement creates a nonexclusive and perpetual license for CLIENT to copy , use , modify , or reuse any and all Written Products , for direct use by CLIENT.

14. RECORDS AND INSPECTIONS - CONSULTANT shall maintain materially complete records with respect to CONSULT ANT Services for a period of three years after the termination ofthis Agreement, digitized at CONSULTANT' s option. CLIENT shall have the right, at its own expense, to request , access , examine , and make copies such records , during normal business hours , pursuant to specific , reasonable date , time , and other relevant logistical arrangements made in advance with CONSULTANT.

15. TERMINATION OF AGREEMENT -
a. Elective Termination - Either party , CONSULTANT or CLIENT, may terminate this Agreement, either i) with 30 days advance written notice , with or without cause; or ii) immediately upon delivery ofwritten notice , with cause , as defined by Section 8.d.i. or Section 5.b.
b. Automatic Termination - If the Compensation Cap described in Section 7.c is reached , this Agreement shall automatically terminate , except to the extent renewed or extended per the terms ofSection 16.
c. Requirements Upon Termination - In the event oftermination, in accordance with either Sections 15.a. or 15.b., CLIENT shall compensate CONSULTANT for CONSULTANT' s Time Worked , and billed Billable Expenses , incurred up to the date oftermination, within thirty days ofCONSULTANT' s delivery to CLIENT of both a final invoice , and all significant work product generated prior to the date of termination but not yet provided to CLIENT, ifany.

16. RENEWAL OR EXTENSION OF AGREEMENT - In the event a date oftermination is established, in accordance with Section 15.a or 15.b , this Agreement may be renewed or amended to extend beyond that date of termination only by written agreement of the parties , to increase or eliminate the Compensation Cap entered into either before or within 30 days after that date of termination. However, nothing in this Section, or in this Agreement generally, requires either party to renew or extend this Agreement or to enter into negotiations regarding the renewal or extension ofthis Agreement.

17. NO THIRD PARTY BENEFICIARY - This Agreement is made solely for the benefit of the parties to this Agreement and their respective successors , heirs , and assigns , and no other person or entity may have or acquire any right by virtue ofthis Agreement.

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18. NOTICE - Any notice required by Section 8, 15 , or Attachment B of this Agreement shall be in writing and either delivered personally or sent by prepaid, first class mail , to the applicable party 's physical address , provided below. Any other notice required by this Agreement may be emailed, to the applicable party 's email address , provided below.

Either party may change its addresses or phone number by notifying the other party in writing ofthe change. Any notice , request, or other communication between the parties , whether required by this Section or in voluntary compliance with it, shall be deemed communicated upon personal delivery , or within 72 hours from the time of mailing or emailing, ifsent as provided in this Section.

Ifto CLIENT:

City ofSouth Lake Tahoe
Attn.: City Manager
1908 Airport Rd
South Lake Tahoe , CA 95150
Tel : (530)542-6043
Ifto CONSULTANT:

Patrick Clark Consulting
Attn.: Patrick Clark
770 L Street, Suite 950
Sacramento , CA 95814
Tel: ( 916) 838-2806
Email: pc@patrickclarkconsulting. com

19. ENTIRE AGREEMENT - This Agreement and all other agreements , exhibits , attachments , and schedules referred to in this Agreement constitute( s) the final , complete , and exclusive statement of the terms ofthe agreement between the parties , pertaining to CLIENT hiring CONSULTANT to perform CONSULTANT Services , and supersedes all other prior or contemporaneous oral or written understandings and agreements ofthe parties pertaining thereto. No party has been induced to enter into this Agreement by , nor is any party relying on, any representation or warranty, except those expressly set forth in this Agreement.

20. SEPARATE WRITINGS AND EXHIBITS - The following agreements , exhibits , attachments , schedules , or other separate writings , as executed contemporaneous herewith or as amended in the future in accordance with Section 21 , constitute a part of this Agreement and are incorporated into this Agreement by this reference:
a. ATTACHMENT A - Scope ofWork
b. ATTACHMENT B - Compensation Rates , Definitions , and Policies c. Any additional exhibits , attachments , schedules , or other separate writings , added to this Agreement in the future , by amendment, in accordance with Section 21.

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If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, attachment, schedule , or other incorporated writing, the provisions of this Agreement shall control.

21. AMENDMENTS - This Agreement and its attachments may be supplemented, amended, or modified only by a writing signed by both parties , except as allowed by Attachment B.

22. SEVERABILITY - If a court of competent jurisdiction holds any provision of this Agreement to be illegal , unenforceable, or invalid for any reason, the validity and enforceability of the remaining provisions of this Agreement shall not be affected.

However, notwithstanding the foregoing , this clause shall not be applied so as to defeat the primary purpose of the parties , which is CLIENT hiring CONSULT ANT to perform CONSULTANT Services in exchange for compensation described in Section 7 and Attachment B.

23. JURISDICTION OF LAW; VENUE - The laws of the State of California shall govern the validity , construction, and effect of this Agreement, except to the extent said laws are superseded by, or in conflict with applicable federal laws and/ or federal regulations.:. Any action to interpret or enforce this Agreement shall be brought and maintained exclusively in the El Dorado County Superior Court, if Consultant is plaintiff, and in Sacramento County Superior Court, if Client is plaintiff.
24 . CAPTIONS - The captions in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.

25. WAIVER - No delay or omission to exercise any right, power, or remedy accruing to parties under this Agreement shall impair any right, power, or remedy of parties, nor shall it be construed as a waiver of, or consent to , any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement ( 1) shall be effective unless it is in writing and signed by the party making the waiver; ( 2) shall be deemed to be a waiver of, or consent, to any other breach, failure of a condition, or right or remedy; or ( 3) shall be deemed to constitute a continuing waiver unless the writing expressly so states.

26. AUTHORITY TO ENTER AGREEMENT - Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement on behalf of each respective party.

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CLIENT ( City of South Lake Tahoe)
By:

CLIENT APPROVED AS TO FORM:

By:

He~~
City Attorney
CLIENT ATTESTATION:

CONSULTANT (Patrick Clark Consulting)
By:

Patrick Clark
Consultant
1/31/23
Date

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ATTACHMENT A

SCOPE OF WORK
As limited by Section 2.a. ofthis Agreement ; as otherwise consistent with this Agreement; and to the extent under the direction and supervision ofCLIENT's City Manager, and/or a duly authorized designee , and in consultation with and with review and approval by CLIENT' s duly provided, appropriate , relevant, necessary , and desired complementary/ sub-specialists and licensed professionals , including , but not necessarily limited, to those described in Section 2.b. of this Agreement, " CONSULTANT Services" to include:

1. Serve as the CLIENT's Labor Negotiations Advisor and Labor Negotiator;

2. Allow CLIENT' s City Council the opportunity to create the guidelines and parameters for ensuing discussions with CLIENT' s recognized employee group( s);

3. Meet with CLIENT's Negotiation Committee and City Council to ensure proper relations with CLIENT' s City Council and to assist in the formulation ofCLIENT' s position( s) for forthcoming meetings with CLIENT's recognized employee group(s);

4. Collaboratively develop guidelines , proposals , counter-proposals, strategies , and human resources and labor relations documents as are necessary to negotiations , specifically in cooperation with CLIENT 's duly provided complementary/ sub-specialists and licensed professionals , needed , or desired for input, review, or approval , as described in Section 2.b. of this Agreement, including , but not necessarily limited to , CLIENT's Negotiation Committee members and , without limitation, CLIENT' s City Council , as well as CLIENT's legal counsel and actuary(ies), if/as necessary or desired.

5. Assist in developing tentative agreements , and MOU provisions, as are reasonable and/or necessary to negotiations , specifically at the direction of CLIENT' s Negotiation Committee and CLIENT's City Council , and with the cooperation, review, and/or approval of any other appropriate , duly provided CLIENT complementary/ sub-specialists and licensed professionals , as described in Section 2.b. ofthis Agreement, including , but not necessarily limited to CLIENT'S legal counsel , where CLIENT shall ensure that all tentative agreements and MOU provisions are subject to final review and approval by CLIENT's legal counsel and any other necessary or desired Section 2.b. complementary/ sub-specialists and licensed professionals , prior to MOU adoption by CLIENT' s City Council.

6. Serve as the CLIENT's Labor Negotiations Advisor and Labor Negotiator in any impasse proceedings or unit determination disputes.

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ATTACHMENT B

COMPENSATION RATES, DEFINITIONS, AND POLICIES

1. CONSULTANT Invoices: CONSULTANT invoices shall include brief descriptions ofTime Worked, including dates and amount of time spent, and amounts for Time Worked at CONSULTANT' s Rate , and , at CONSULTANT' s discretion , amounts for Billable Expenses , ifany , in accordance with the following definitions and related rates and policies.

2. Definitions:
a. " Time Worked": Time Worked shall include both CONSULTANT' s time spent performing Consultant Services and CONSULTANT' s related drive time, including time spent driving between CLIENT's location(s) and CONSULTANT' s office, home , or any other location.
b. " CONSULTANT' s Rate ": CONSULTANT' s Rate is $250.00 per hour, billable in increments of 15 minutes.
c. " Billable Expenses:" CONSULTANT'S actual , reasonable , documented expenses shall be considered " Billable Expenses ," and shall be reimbursed by CLIENT at cost, without mark-up , ifand when billed by CONSULTANT.

3. Amendments to Attachment B: With 30 days advance written notice , CONSULTANT shall be entitled to unilaterally increase Consultant's Rate , set herein, or otherwise amend this Attachment.

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STAFF

CONTACT

INFORMATION

CONTRACT/

AGREEMENT
INFO .

BUDGET

INFORMATION
Type of
Contract
Brief Description :

NAME: Ember Buckman
DEPARTMENT: Human Resources
PHONE: 530 542 6050
DATE OF SUBMITTAL: 2/7 /23
NAME: Patrick Clark Consultino
CONTRACTOR/ CONSULTANT: Patrick Clark
START: END: OPTION TO RENEW: J I
AMOUNT OF CONTRACT: $ 50,000 NTE
ACCOUNT NO.: 100/ 01320/ 42010
BUDGET AVAILABLE: $ 35,000
FUNDING VERIFIED:

GRANT FUNDING? Source_N,_A ___ _ Federal? YesO Nol I
Professional Serv ices Agreement . JZl_ Licen sel]_ MOU D_Lea se _ D_ Purchase Order &: urchase Agreement_ D_ Construction~
Maintenance Agree t Public Works Contract _ a-=: Vehicle .. r=:i=- Revenue Contract ~ eration/ Concession Agreemen n-= D~
Motorized Equipment · - IT/Electronic Equipment D
The City received three responses to an RFP for a Labor Negotiation Consultant. After review of all three responses, the C ity has selected Patrick Clark Consulting as our 2023 Labor Negotiations Consultant. Please find attached PSA and Scope of Services .

Does this contract involve the following: construction , reconstruct ion , alteration , renovation, im provement, demolition , pa inti?'½{ e-painting . and/ or repa.ir work involving any publicly owned, leased, or operated facility? Yesfi No_j{J_ If yes , forward to Publ ic Works for review Public Works Director authorization required)
Does this contract require special permitti~ nviron mental review, CEQA/ NEPA , Planning Dept. review , Commission approval? Yes~ No- W,_ If yes , forward to Development Services Department for review ( Director of Developmental Services authorization required) Reviewing Authority
Department Head
Public Works Director
where applicable)
Dev. Services Director
where applicable)
Finance Director
City Attorney
City Manager
City Clerk
City Council Meeting Date ( over $ 50K or wher,
Date Signed
02/ 07/ 2023 __ _
02/08/2023
5 N/A -Falls under CM s gn ng auth / or ty
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 12, 2025
Agenda Item #:14
Agenda Item: Lease to Locals Program Update
Executive Summary: The intent of the Lease to Locals program and ongoing efforts is to unlock existing housing for local workers. Since the program started almost four years ago, the program has unlocked 59 households, housed 144 residents, including children. As of today, fifty grants have been closed and completed. City Council will be considering options related to the future operations of the program including whether to terminate the agreement with Placemate to bring the program in-house, and whether to add more funding for incentive grants.

Requested Action / Suggested Motions: Pass a Motion to either: 1) Terminate the Professional Services Agreement with Placemate in 30 days, bring Program management in-house, and change the name to Long-Term Rental Incentive Program; 2) Allocate additional funding for incentive grants and continue with the Professional Service Agreement with Placemate; 3) Allocate additional funding for incentive grants and bring operation in-house; or, 4) Allow the Professional Services Agreement term to run its course until January 31, 2026, to gradually close the second grants.

Responsible Staff Member: Lydia Zuniga, Associate Management Analyst Reviewed and Approved By: Zach Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01_-_Staff_Report_Lease_to_Locals_Update__1_ (2).docx
1606
Council Agenda Report August 12, 2025 Page 1 of 5
City of South Lake Tahoe
Report to City Council
Meeting Date: August 12, 2025
Title: Lease to Locals Program Update
Location: Citywide
Responsible Staff Member: Lydia Zuniga, Associate Management Analyst Background: On October 19, 2021, the City Council adopted Resolution No. 2021-082 appropriating $500,000 in American Rescue Plan Act (ARPA) funds to initiate a long-term rental incentive grant pilot program. The Resolution authorized $72,000 for program administration, $14,000 for marketing cost, $200,000 for incentive grants to property owners. Leaving a remaining balance of $214,000 for a property management incentive program. During the meeting staff was also directed to execute a sole source Professional Service Agreement (PSA) with Landing Locals to administer the pilot program.

During the City Council meeting of August 9, 2022, staff provided an update on the status of the Lease to Locals program. The update included the success of the program, modifications to the guidelines, including the recommendation to allocate $214,000 towards the continuance of the Lease to Locals program, an extension of the program until December 2023, with a request to return to Council with an amended PSA with Landing Locals; to allow for the continuation of the administration of the program. Shortly after the update, Landing Locals rebranded and changed their name to Placemate. This action included $105,000 towards administrative cost and $9,000 towards marketing efforts.

At the November 21, 2023 City Council meeting, council approved the amended Professional Services Agreement (PSA) authorizing the mayor to enter into Amendment No. 2. This Amendment is to continue administration of the “Lease to Locals” Rental Incentive Grant Program until January 15, 2025 to coincide with the administrative billing cycle. An additional $91,000 was allocated to the administration of the program and $9,000 was allocated towards marketing.

On October 22, 2024, during Councilmember Reports and Comments, Councilmember Robbins requested a change in the Lease to Locals Program Guidelines to include a six-month lease option for half of the grant. Mayor Bass seconded the item to be brought back to City Council on November 19, 2024.

At the November 19, 2024, City Council meeting, City Council directed staff to renew the contract with Placemate for twelve months and to amend the Lease to Locals Program Guidelines to allow six-month leases for half of the incentive.

On January 28, 2025, City Council approved the Resolution No. 2025-005, authorizing the budget appropriation of $90,000 and authorized the Mayor to execute Amendment Number 3, to the Professional Services Agreement to continue administration of the “Lease to Locals” Rental 1607
Council Agenda Report August 12, 2025 Page 2 of 5
Incentive Grant Program until January 31, 2026. The action also included amending Program Guidelines for the addition of a 6-month lease option and increasing the incentive grant amount to $4,500 per qualified tenant for a 12-month lease and $2,000 per qualified tenant for a 6-month lease.

On June 3, 2025, City Council was provided a quarterly update on the Lease to Locals Program.

During the meeting staff highlighted that as of the day of the report, staff had only approved 2 grants during 2025. Shortly after the council meeting, staff received several grants, below is a timeline of when how many grants were received:
 On June 3, the Quarterly Housing report was provided to Council. At that time $57,000 was available in the Lease to Locals budget for incentive grants.  On June 4, Placemate submitted 3 grant requests totaling $31,500. That brought the remaining budget to $25,500.
 On June 6, Placemate submitted 1 grant request totaling $9,000. That brought the remaining budget to $16,500.
 On June 9, Placemate submitted 1 grant for totaling $13,500. That brought the remaining budget to $3,000.
 On June 13, Housing staff denied one grant request for falsifying proof of income. That brought the remaining budget to $12,000.
 On June 18, Placemate submitted 1 grant request totaling $4,500. That brough the remaining budget to $7,500.

As of the date of this report, the available balance for Placemate to administer and market the program is $47,513.79 and the remaining balance for the incentive grants is $7,500. The report highlights how the budget is difficult to track in real time. Additionally, staff spend a substantial amount of time tracking, reviewing the grant applications for completeness, tracking the budget, preparing payment requests and submitting the payments to Finance.

The Professional Services Agreement with Placemate ends on January 31, 2026. Below is a table illustrating the funds allocated and spent to date.
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Council Agenda Report August 12, 2025 Page 3 of 5
Issue and Discussion:

The intent of the Lease to Locals program and ongoing efforts is to unlock existing housing for local workers. Since the program started almost four years ago, the program has unlocked 59 households, housed 144 residents, including children. As of today, fifty (50) grants have been closed and completed.

As previously reported the program has demonstrated a tendency to slow during the Holidays and Summer months, which aligns with other markets. The 2022-2027 Housing Element states that, there’s also a need to provide quality, moderate income housing for year-round residents. As of today, the Lease to Locals program is the only active program within the city that’s geared towards Moderate-Income residents.

In early Spring of this year, the Development Services Department introduced the new Community Development Software. Currently Housing staff is utilizing the program to track the housing inspections as well as the Rental Assistance Program. The new software has created improved efficiency and tracking abilities, should the Long-Term Incentive Program be brought in-house, this software would aid the efficiency of the program. Additionally, the Development Services Department has been utilizing Parcel Quest for many years to verify property owner(s) and property information.

The table below summarized options for the Council to consider regarding the future operation of the Program. Option one, which is for staff to administer and manage the Program in-house is the most cost-effective option. As previously noted, there is already a substantial amount of staff time in processing the grants. As such, a significant portion of program administration is currently done in-house. Any option in the below table would support the Strategic Plan 2025-2030 Priority 1.

Ability for Everyone Who Works Here to Live Here.
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Council Agenda Report August 12, 2025 Page 4 of 5
Option Summary Pro Con
Option 1
End the Professional
Services Agreement with
Placemate in 30 days.

Bring Program management
in-house. Change the name
to Long-Term Rental
Incentive Program.

Reallocate the
remaining balance of
$47,513.79 to pay for
grants.

No additional budget
allocated to
administer the
program.

Remaining compliance
and second grants are
handed off to City staff,
which will require staff
time. Continuation of the
Long-Term Rental
Incentive Program may
require allocating
additional funds in the
future.

Option 2
Allocate additional funding
for incentive grants and
continue with the
Professional Service
Agreement with Placemate.

Program continuity
Additional funding is
required for incentive
grants and continued
administration of the
Program by Placemate.

Option 3
Allocate additional funding
for incentive grants and
bring operation in-house.

Program continuity
and cost savings by
bringing Program
administration inhouse
Additional staff time
would be required.

Additional funding would
be needed for grant
payments.

Option 4
Allow the Professional
Services Agreement term to
run its course until January
31, 2026, to gradually close
the second grants.

Reduce
administrative fee by
50% to
$3,750/month.

No additional properties
onboarded by Placemate
and Program would
cease operation.

Staff recommends that the City Council pass a Motion consistent with one of the options provided in the above table.

Financial Implications: The ARPA established the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program. This program is intended to provide support to state, territorial, local, and tribal governments in responding to the economic and public health impacts of COVID-19 and assist efforts to mitigate impacts on communities, residents, and businesses. Council Resolution 2021-082 appropriated $500,000 in ARPA funds to initiate the long-term rental incentive grant pilot program. The funds associated with ARPA have largely been spent. Future funding of the Program will require and allocation from the General Fund Undesignated Reserve.

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

Policy Implications: The effort to increase the use of existing housing stock for long-term rental is identified as the first housing action item in the City’s 2025-2030 Strategic Plan 1610
Council Agenda Report August 12, 2025 Page 5 of 5
The Lease to Locals program is also consistent with the following adopted General Plan Housing Element policies and programs:

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

Policy 2-3 The City shall encourage a range of housing options so that people who work in South Lake Tahoe can choose to live in the City.

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

Program 3-9 Landlord/Tenant Matching Program
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 12, 2025
Agenda Item #:15
Agenda Item: Citizen Appointment to the Building and Housing Board of Appeals Executive Summary: City Council will review the application received to fill the vacancy on the Building and Housing Board of Appeals, and either 1) pass a Motion appointing the applicant to fill the vacancy on the Board for a term expiring in February 2027; or 2) Direct the City Clerk to continue to solicit for applications to fill the vacancy on the Building and Housing Board of Appeals.

Requested Action / Suggested Motions: Review the application received, and either 1) pass a Motion appointing the applicant to the Building and Housing Board of Appeals or 2) Direct the City Clerk to continue soliciting for applications to the Building and Housing Board of Appeals.

Responsible Staff Member: Michelle Davis, Assistant City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report- Appointment to the Building and Housing Board of Appeals.docx 02- BBOA Application- May (Redacted).pdf
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Council Agenda Report August 12, 2025 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: August 12, 2025
Title: Citizen Appointments to City Boards and Commissions Location: Citywide
Responsible Staff Member: Michelle Davis, Assistant City Clerk Background: Consistent with Resolution 2024-016, the City Clerk’s Department began soliciting applications for citizen appointments to the Airport Land Use Commission; Building Board of Appeals; Parks and Recreation Commission; Planning Commission; Arts, Culture, & Tourism Commission; and Police Advisory Commission.

Issue and Discussion: One vacancy remains on the Building and Housing Board of Appeals. This is a two-year term that is scheduled to expire in February of 2027. One application to fill this vacancy was received on June 23, 2025.

Financial Implications: Costs associated with staff support of the individual commissions/boards have been budgeted for within the department who oversees the commission.

Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies) Policy Implications: The solicitation and appointment of citizens to various boards and commissions meets the requirements set forth in Resolution 2024-016 and conforms to City Council Protocols.
1613
1614
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 12, 2025
Agenda Item #:16
Agenda Item: Ordinance Amending South Lake Tahoe City Code to Lower Speed Limits on Sections of Sierra Boulevard (First Reading)
Executive Summary: On November 19, 2024, the City Council adopted an ordinance to lower speed limits on sections of Pioneer Trail, Ski Run Blvd, and Lake Tahoe Blvd. The Council also requested an Engineering and Traffic Survey (E&TS) to be conducted for Sierra Boulevard. The City entered into a contract with JLB Traffic Engineering, Inc. to conduct the E&TS. JBL has utilized the Caltrans Traffic Operations Policy Directive (No. 09-04), effective July 1, 2009, which clearly defined these changes and incorporated new requirements into the California Traffic Control Manual. Section 2B.13 of the 2014 Edition of the California Traffic Control Manual now requires as a standard that a speed limit shall be established at the nearest 5 mph increment of the 85th percentile speed, except that the posted speed may be reduced by 5 mph from the nearest five mph increment of the 85th percentile speed in compliance with CVC Sections 627 and 22358.5. For cases in which the nearest 5 mph increment of the 85th percentile speed would require rounding up, the speed limit may be rounded down to the nearest 5 mph increment below the 85th percentile speed if no further reduction is used. Staff recommends lowering the speed limit on Sierra Boulevard from 35 mph to 30 mph.

Requested Action / Suggested Motions: Pass a Motion to hold a first reading (by the title only) of an Ordinance Amending South Lake Tahoe City Code Chapter 4.25 (Motor Vehicles and Traffic), Article IV (Operation of Vehicles), Sections 4.25.160 and 4.25.170 to Modify the Speed Restrictions on Sierra Boulevard, and refer to second reading and adoption to the meeting on September 9, 2025.

Responsible Staff Member: Anush Nejad, Director of Public Works and Doug Sentell, Administrative Lieutenant
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Amendment to Speed Restrictions Ordinance Sierra.docx 02-Ordinance-Speed Limit Reduction on Sierra Blvd.docx
03 - R20250724 Sierra Boulevard ETS - Signed.pdf
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Council Agenda Report August 12, 2025 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: August 12, 2025
Title: Amendment to Speed Restrictions Ordinance
Location: Sierra Blvd
Responsible Staff Member: Anush Nejad, Director of Public Works and Doug Sentell, Administrative Lieutenant
Background: Speed limits establish a reasonable and safe operating speed for a specific section of roadway. Per California Vehicle Code (CVC) Section 22349, the maximum speed limit on a multilane highway and two-lane undivided roadway is 65 mph and 55 mph, respectively.

Cities conduct Engineering and Traffic surveys (E&TS) to post speed limits that are lower than these speed limits. Engineering and traffic surveys are also referred to as speed zones. California law requires cities to conduct a speed survey every 10 years for a speed limit to be enforceable, even if no changes have been made to the roadway.

Engineering and Traffic Survey (E&TS):

An E&TS establishes speed limits by considering the following:
 Prevailing speeds (or 85th percentile speeds).
 Collision History
 Highway, traffic, and roadside conditions not readily apparent to the driver.  Other factors that may be considered while developing E&TS are business or residential density and pedestrian and bicyclist safety.

The most widely accepted method of determining the posted speed limit is to set it at the “85th percentile speed,” at or below which 85 percent of the traffic is moving. The 85th percentile speed is the single most influential indicator of what is safe and reasonable, and it is used to determine the speed limit by rounding to the nearest five mph increment and posting the speed limit at that speed. Suppose sufficient conditions are not readily apparent to the driver, as determined by a registered engineer. In that case, the posted speed limit can be lowered by five (5) mph, and such a decision must be documented in the E&TS. With a valid E&TS, the Police Department can use the radar or lidar to enforce the speed limits within the ten-year validity period.

The procedures used to formulate recommendations meet the requirements of the California Vehicle Code (CVC) Section 235, Section 515, Section 627, Sections 22349 through 22358 under Division 11, Chapter 7 “Speed Laws,” Section 40802 and others referenced herein, and the 2014 Edition of the CA MUTCD. The CA MUTCD is an amended version of the Federal Highway 1616
Council Agenda Report August 12, 2025 Page 2 of 4
Administration MUTCD for use in California. Summarized below are applicable portions from the CVC related to the preparation of an engineering and traffic survey for speed limit California Vehicle Code (CVC) Summary
 CVC Section 235 – Business District: An area in which at least 50 percent of the properties are used for business for a minimum distance of 600 feet on one side or 300 feet on both sides of a highway.
 CVC Section 515 – Residence District: An area outside of the Business District along a highway with a minimum of 13 separate dwelling units on one side or 16 on both sides within a quarter mile.
 CVC Section 627 – Engineering and Traffic Survey: A survey of highway and traffic conditions following methods determined by the California Department of Transportation (Caltrans) for use by State and local authorities, which shall include consideration of prevailing speeds as determined by traffic engineering measurements, accident records, and highway, traffic, and roadside conditions not readily apparent to the driver. Local authorities may also consider residential density as defined in Section 515 and safety of bicyclists and pedestrians, with increased consideration for vulnerable groups.  CVC Section 22349 – Maximum Speed Limits: Provides that no person shall drive a vehicle upon a highway at a speed greater than 65 mph. An exception to this, as stated in CVC Section 22356, is that Caltrans or the appropriate local agency may increase the speed.

These increases can only be made after consultation with the California Highway Patrol (CHP) and based on an engineering and traffic survey.
 CVC Section 22350 – Basic Speed Law: Provides that no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent, having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed that endangers the safety of persons or property. Reasonable is defined in Webster’s New World Dictionary as “just, of sound judgment, and not excessive.” Prudent is defined as “exercising sound judgment in practical matters, cautious and discreet in conduct, not rash and managing carefully.
 AB 43 Legislation – Assemblymember Laura Friedman of District 43 brought forward the AB 43 Legislation related to traffic safety. The Governor approved this bill on October 08, 2021. This bill authorizes the local authorities to consider the safety of vulnerable pedestrian groups and designate safety corridors. Under AB 43, the local authority can after completing an engineering and traffic survey and finds that the speed limit is still more than is reasonable or safe, the local authority may, by ordinance, determine and declare a prima facie speed limit that has been reduced an additional five miles per hour for either of the following reasons:
(1) The portion of the highway has been designated as a safety corridor. A local authority shall not deem more than one-fifth of their streets as safety corridors. (2) The portion of the highway adjacent to any land or facility that generates high concentrations of bicyclists or pedestrians, especially those from vulnerable groups such as children, seniors, persons with disabilities, and the unhoused. 1617
Council Agenda Report August 12, 2025 Page 3 of 4
Issue and Discussion: The existing E&TS has expired, and a current E&TS is required to enforce the speed limits. Furthermore, with the AB 43 Legislation, the City can consider lower speed limits within its guidelines.

The City entered into a contract with JLB Traffic Engineering, Inc. to conduct the E&TS. JLB has completed the preparation of the Engineering and Traffic Survey Report for the segment of Sierra Boulevard between Lake Tahoe Boulevard and Barbara Avenue in the City of South Lake Tahoe.

The Engineering and Traffic Survey was prepared pursuant to the latest editions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) and the California Vehicle Code (CVC). JLB’s main objective for this assignment is to prepare an Engineering and Traffic Survey and recommend the appropriate speed limit consistent with the laws and practices of the State of California.

This report, along with its appendices, provides the data and findings utilized to complete the Engineering and Traffic Survey (See Attachment 04). The current standard as described in the CA MUTCD is to consider the speed limit at the nearest five miles per hour (MPH) increment of the critical speed. However, a reduction of five mph is allowable to meet the needs of the community if justification is provided in accordance with the CVC through an engineering and traffic survey.

Significant factors in determining reasonable and safe speed limits that are most appropriate to facilitate the orderly movement of traffic include: prevailing speeds, collision rates, unexpected roadway conditions and adjacent land uses, including residential and commercial densities.

JBL has utilized the Caltrans Traffic Operations Policy Directive (No. 09-04), effective July 1, 2009, which clearly defined these changes and incorporated new requirements into the California Traffic Control Manual. Section 2B.13 of the 2014 Edition of the California Traffic Control Manual now requires as a standard that a speed limit shall be established at the nearest five mph increment of the 85th percentile speed, except that the posted speed may be reduced by five mph from the nearest five mph increment of the 85th percentile speed in compliance with CVC Sections 627 and 22358.5. For cases in which the nearest five mph increment of the 85th percentile speed would require rounding up, the speed limit may be rounded down to the nearest five mph increment below the 85th percentile speed if no further reduction is used.

Section 2B.13 further states that justification for reducing speed limits can be based on residential density, pedestrian/bicyclist safety, and other factors not readily apparent to drivers but essential to meet the traffic safety needs of the community. The following factors may be considered to adjust and determine the final speed limits:
 Road characteristics, shoulder condition, grade, alignment, and sight distance  Ten mph pace speed (a 10-mile range in speeds in which the highest number of data is recorded)
 Roadside development and environment
 Parking practices and bicycle/pedestrian activity
 Reported collision experience for at least 2 months.

Based on the above procedures, the following are the recommendations for new speed limits.

Table 1 summarizes the results of the E&TS and recommendations. 1618
Council Agenda Report August 12, 2025 Page 4 of 4
Table I: Sierra Boulevard
Limits Posted Speed
Limit (MPH)
85th Percentile
Speed (MPH)
Recommended
Speed (MPH)
Method and
Response
Take Tahoe
Blvd
Barbara
Avenue
35 36 30 CA MUTCD Method 1,
this corridor has high
pedestrian and
bicyclist activity and
contains a connection
to trails through a
park and to Lake
Tahoe Community
College
Attachments 02 and 03 are the proposed amendments to the Ordinance and the completed E&TS.

Financial Implications: Existing signs must be removed and replaced to implement the proposed speed limit changes. This conversion will cost about $2,000 and can be covered with the current approved operating budget.

Environmental Considerations: The actions proposed in this item are exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301 (Existing Facilities).

Policy Implications: This project advances the City Council's Strategic Priorities and Goals related to traffic safety and neighborhood preservation. 1619
Ordinance 2025-XXX August 12, 2025 Page 1 of 3
Ordinance 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
August 12, 2025
An Ordinance Amending South Lake Tahoe City Code Chapter 4.25 (Motor Vehicles and Traffic), Article IV (Operation of Vehicles), Sections 4.25.160 and 4.25.170 to Modify the Speed Restrictions on Sierra Boulevard

FINDINGS
A. Speed limits establish a reasonable and safe operating speed for a specific section of roadway. Per California Vehicle Code section 22349, the maximum speed limit on a multilane highway and two-lane undivided roadway is 65 mph and 55 mph, respectively.

Cities conduct Engineering and Traffic surveys (E&TS) to post speed limits that are lower than these speed limits.

B. Engineering and traffic surveys are also referred to as speed zones. California law requires cities to conduct a speed survey every 10 years for a speed limit to be enforceable, even if no changes have been made to the roadway.

C. The City signed a contract with JLB Traffic Engineering, Inc. (JBL) to conduct the E&TS for Sierra Blvd.

D. Caltrans Traffic Operations Policy Directive (No. 09-04), effective July 1, 2009, clearly defined requirements in the California Traffic Control Manual. Section 2B.13 of the 2014 Edition of the California Traffic Control Manual now requires as a standard that a speed limit shall be established at the nearest five mph increment of the 85th percentile speed, except that the posted speed may be reduced by five mph from the nearest five mph increment of the 85th percentile speed in compliance with CVC Sections 627 and 22358.5.

For cases where the nearest five mph increment of the 85th percentile speed would require rounding up, the speed limit may be rounded down to the nearest five mph increment below the 85th percentile speed if no further reduction is used.

E. Based on the E&TS and recommendations of the Public Works Director/City Traffic Engineer, the speed limit on Sierra Boulevard from Lake Tahoe Boulevard to Barbara Avenue is recommended to be lowered from 35 mph to 30 mph.

Now, therefore, the City Council of the City of South Lake Tahoe does ordain as follows:

SECTION 1. Section 4.25.160 (Speed restrictions on certain streets – 30 mph) of the South Lake Tahoe City Code is hereby amended to read as follows:

There is hereby established a 30-mile-per-hour prima facie speed limit on the following portions of city streets, when signs are placed as required by law:
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Ordinance 2025-XXX August 12, 2025 Page 2 of 3
A. Keys Boulevard, from Lake Tahoe Boulevard (U.S. Highway 50) to Venice Drive.

B. Pioneer Trail, from Keller Road to Ski Run Boulevard.

C. Ski Run Boulevard, from Lake Tahoe Boulevard (U.S. Highway 50) to Pioneer Trail.

D. Lake Tahoe Boulevard, from State Route 89 to D Street.

E. Sierra Boulevard, from Lake Tahoe Boulevard (U.S. Highway 50) to Barbarra Avenue)
SECTION 2. Section 4.25.170 (Speed restrictions on certain streets – 35 mph) of the South Lake Tahoe City Code is hereby amended to read as follows:

There is hereby established a 35-mile-per-hour prima facie speed limit on the following portions of city streets when signs are placed as required by law:

A. Lake Tahoe Boulevard, from Lake Tahoe Boulevard (U.S. Highway 50) westward to the city limits.

B. Johnson Boulevard, from the intersection of Treehaven Drive, southward to the intersection of Happy Home Cemetery Road.

C. Pioneer Trail, from Ski Run Boulevard to Al Tahoe Boulevard.

D. Ski Run Boulevard, between Pioneer Trail and Needle Peak Drive.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The City Council finds that the adoption of the proposed Ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301(c) (Existing Facilities) because the Ordinance addresses speed limits on existing roadways.

SECTION 5. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.

SECTION 6. This Ordinance shall become effective thirty days after the date of its adoption.

Adopted by the City of South Lake Tahoe City Council on September 9, 2025, by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Mayor
1621
Ordinance 2025-XXX August 12, 2025 Page 3 of 3
Attest:
________________________
Susan Blankenship, City Clerk
First Reading:

Second Reading:

Effective:

The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
1622
Engineering and Traffic Survey Report
July 24, 2025
City of South Lake Tahoe
Prepared for:

City of South Lake Tahoe – Public Works Department
1740 D Street
South Lake Tahoe, CA 96150
Project No. 060-002
Traffic Engineering, Transportation Planning, & Parking Solutions 516 W. Shaw Ave., Ste. 103
Fresno, CA 93704
Phone: (559) 570-8991
www.JLBtraffic.com
1623
Traffic Engineering, Transportation Planning, & Parking Solutions Z:\01 Projects\060 South Lake Tahoe\060-002 Sierra Ave E&TS\Report\R20250724 Sierra Boulevard E&TS.docx Traffic Engineering, Transportation Planning, & Parking Solutions 516 W. Shaw Ave., Ste. 103
Fresno, CA 93704
Phone: (559) 570-8991
www.JLBtraffic.com
Engineering and Traffic Survey Report
City of South Lake Tahoe, California
July 24, 2025
This Engineering and Traffic Survey Report has been prepared under the direction of a licensed Traffic Engineer. The licensed Traffic Engineer attests to the technical information contained therein and has judged the qualifications of any technical specialists providing engineering data from which recommendations, conclusions and decisions are based.

Prepared by:
_________________________________
Jose Luis Benavides, PE, TE
President
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[email protected]
516 W. Shaw Ave., Ste. 103
Fresno, CA 93704 Page | iii
(559) 570-8991
City of South Lake Tahoe
Engineering and Traffic Survey Report
July 24, 2025
Table of Contents
Introduction and Summary....................................................................................................................1 Introduction ................................................................................................................................................. 1 Existing Conditions....................................................................................................................................... 2 Summary ...................................................................................................................................................... 4 California Vehicle Code (CVC) Summary...................................................................................................... 4 Survey Methodology.............................................................................................................................8 Radar Checks................................................................................................................................................ 8 Analysis of Speed Data ................................................................................................................................. 8 Traffic Counts............................................................................................................................................... 9 Collision Data ............................................................................................................................................... 9 Speed Limit Recommendations................................................................................................................... 9 Recommendations..............................................................................................................................11 Study Participants...............................................................................................................................12 References..........................................................................................................................................13 List of Figures Figure 1: Existing Posted Speed Limit........................................................................................................................ 3 Figure 2: Recommended Speed Limit........................................................................................................................ 7 List of Tables Table I: Sierra Boulevard......................................................................................................................................... 11 List of Appendices Appendix A: Speed Survey
Appendix B: Traffic Count
Appendix C: Collision Reports
Appendix D: Segment Information
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www.JLBtraffic.com
[email protected]
516 W. Shaw Ave., Ste. 103
Fresno, CA 93704 Page | 1
(559) 570-8991
City of South Lake Tahoe
Engineering and Traffic Survey Report
July 24, 2025
Introduction and Summary
JLB Traffic Engineering, Inc. (JLB) has completed the preparation of the Engineering and Traffic Survey Report for the segment of Sierra Boulevard between Lake Tahoe Boulevard and Barbara Avenue in the City of South Lake Tahoe. The Engineering and Traffic Survey was prepared pursuant to the latest editions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) and the California Vehicle Code (CVC). JLB’s main objective for this assignment is to prepare an Engineering and Traffic Survey and recommend the appropriate speed limit consistent with the laws and practices of the State of California.

This report, along with its appendices, provides the data and findings utilized to complete the Engineering and Traffic Survey.

Introduction
This report presents the results of the Engineering and Traffic Survey for the segment of Sierra Boulevard between Lake Tahoe Boulevard and Barbara Avenue conducted by JLB for the City of South Lake Tahoe. The roadway segment included in the Engineering and Traffic Survey was selected through coordination with the City’s Police Department and Public Works Department. The survey includes a summary of the radar speed survey, daily traffic count, traffic collisions and an analysis of roadway conditions for the segment of Sierra Boulevard between Lake Tahoe Boulevard and Barabara Avenue in the City of South Lake Tahoe in the County of El Dorado.

The purpose of this survey is to recommend the speed limits appropriate for enforcement and to provide any recommended speed limit changes in accordance with current State of California regulations and guidelines. The CVC Section 40802 requires that an engineering and traffic survey for speed limits should be conducted once every five, seven or fourteen years by governing municipalities in order to use radar or any other electronic device as a means of speed limit enforcement. Streets defined as “local street or road” as described in the amended subdivision (b)(1) of Section 40802 Speed Trap of the CVC, effective January 1, 2022, are exempted.

Speed limits are established primarily for the purpose of protecting the public from the unreasonable behavior of reckless, unreliable or dangerous drivers. Speed limits are generally established at or near the 85th percentile speed. The 85th percentile speed, also referred to as the critical speed, is defined as the speed which 85 percent of traffic is moving at or below in free flow conditions. Speed limits established on this basis conform to the consensus of those who drive on the roadways as to what speed is reasonable and safe under normal driving conditions.

The current standard as described in the CA MUTCD is to consider the speed limit at the nearest five miles per hour (MPH) increment of the critical speed. However, a reduction of five mph is allowable to meet the needs of the community if justification is provided in accordance with the CVC through an engineering and traffic survey. Significant factors in determining reasonable and safe speed limits that are most appropriate to facilitate the orderly movement of traffic include: prevailing speeds, collision rates, unexpected roadway conditions and adjacent land uses, including residential and commercial densities. A more detailed discussion of current State regulations and guidelines is provided in the Speed Limit Recommendations section of this Report. Applicable CVC Code sections are summarized in the California Vehicle Code Summary section.
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www.JLBtraffic.com
[email protected]
516 W. Shaw Ave., Ste. 103
Fresno, CA 93704 Page | 2
(559) 570-8991
City of South Lake Tahoe
Engineering and Traffic Survey Report
July 24, 2025
Existing Conditions
JLB conducted a drive through in both directions for the study segment and took notes on the roadway conditions, circulation, signage and posted speed limits. Figure 1 displays the existing study segment and its posted speed limit. It is recommended that all signs on this study segment are verified to be to the standards specified in the CA MUTCD. The bottom of all regulatory speed limit signs should be verified to be a minimum of five (5) feet above the edge of travel way. 1627
LEGEND
N
PHONE:(559) 570-8991, EMAIL: [email protected], www.JLBtraffic.com 516 W. Shaw Ave., Ste. 103, Fresno, CA 93704
060-002 - 07/17/25 - DCC
City of South Lake Tahoe E&TS
Existing Posted Speed Limit
Figure 1
Ala Wai Blvd
Tahoe Keys Blvd
Lake Tahoe Blvd
AI Tahoe Blvd
Lakeview Ave
Johnson Blvd
Pioneer Trail
Ski Run Blvd
Venice Dr
D St Viking Rd
City Limits
Tamarack Ave
= City Limits
Not To Scale
N
Sierra Blvd
= 35 MPH
Washington Ave
LEGEND
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Summary
Based on current State regulations and guidelines, it is recommended that the City of South Lake Tahoe adopt the recommended speed limit for Sierra Boulevard as noted in Table I. Copies of speed survey data are included in Appendix A, the traffic counts are included in Appendix B, Collision Reports for the study segment are included in Appendix C and Table I displays the data as well as the speed limit recommendations for the study segment. Figure 2 illustrates the recommended speed limit for Sierra Boulevard.

The procedures used to formulate recommendations in this report meet the requirements of the California Vehicle Code (CVC) Section 235, Section 515, Section 627, Sections 22349 through 22358 under Division 11, Chapter 7 “Speed Laws”, Section 40802 and others referenced herein, and the 2014 Edition of the CA MUTCD. The CA MUTCD is an amended version of the Federal Highway Administration MUTCD for use in California. Summarized below are applicable portions from the CVC related to the preparation of an engineering and traffic survey for speed limits.

California Vehicle Code (CVC) Summary
CVC Section 235 – Business District: An area in which at least 50 percent of the properties are used for business for a minimum distance of 600 feet on one side or 300 feet on both sides of a highway.

CVC Section 515 – Residence District: An area outside of the Business District along a highway that has a minimum of 13 separate dwelling units on one side, or 16 on both sides within a distance of a quarter mile.

CVC Section 627 – Engineering and Traffic Survey: A survey of highway and traffic conditions in accordance with methods determined by the California Department of Transportation (Caltrans) for use by State and local authorities, which shall include consideration of prevailing speeds as determined by traffic engineering measurements, accident records, and highway, traffic, and roadside conditions not readily apparent to the driver. Local authorities may also consider residential density as defined in Section 515 and safety of bicyclists and pedestrians, with increased consideration for vulnerable groups.

CVC Section 22349 – Maximum Speed Limits: Provides that no person shall drive a vehicle upon a highway at a speed greater than 65 mph. An exception to this, as stated in CVC Section 22356, is that Caltrans or the appropriate local agency may increase the speed and these increases can only be made after consultation with the California Highway Patrol (CHP) and on the basis of an engineering and traffic survey.

CVC Section 22350 – Basic Speed Law: Provides that no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed that endangers the safety of persons or property. Reasonable is defined in Webster’s New World Dictionary as “just, of sound judgment, and not excessive.” Prudent is defined as “exercising sound judgment in practical matters, cautious and discreet in conduct, not rash and managing carefully.”
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CVC Section 22351 – Speed Law Violations: States that the speed of any vehicle upon a highway not in excess of the limits specified in Section 22352 of the CVC or established as authorized in the CVC is lawful unless clearly proved to be in violation of the Basic Speed Law. This same section also states that the speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 of the CVC or established as authorized in the CVC is unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the Basic Speed Law at the time, place and under the conditions then existing.

CVC Section 22352 – Prima Facie Speed Limits: Establishes prima facie speed limits for Local Roads and Streets. The literal definition of the phrase “prima facie” is “first appearance”. It is also defined at “first view” and “before investigation”. Prima facie evidence is evidence sufficient to establish fact, or to raise presumption of fact, unless rebutted. Prima facie speed limits are those that are defined in CVC Section 22352. These speed limits shall be applicable unless changed as authorized in the CVC and, if so changed, only when signs have been erected giving notice thereof.

A speed limit of 15 mph applies at railroad crossings, at uncontrolled highway intersections with obstructed view, and on alleys. A speed limit of 25 mph applies on any highway other than State highways in any business or residence district, unless a different limit is established by procedures described in the CVC. The 25 mph limit also applies in school zones and on a roadway segment which passes adjacent to a senior center or facility primarily used by senior citizens which are posted with “SCHOOL” or “SENIOR” warning signs.

CVC Sections 22357 (Increase of Local Speed Limits to 65 mph) and 22358 (Decrease of Local Speed Limits): Authorizes local authorities to establish prima facie speed limits on streets and roads under their jurisdiction, on the basis of an engineering and traffic survey.

CVC Sections 22358.3 (Decrease on Narrow Streets) and 22358.4 (Decrease of Local Limits Near Schools or Senior Centers): Authorizes local agencies to reduce prima facie speed limits to 20 or 15 mph on narrow streets (with roadway width less than 25 feet), school zones, or senior centers on the basis of engineering and traffic surveys.

CVC Section 22358.5 – Downward Speed Zoning: Physical conditions such as width, curvature, grade, and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning, as the basic rule of section 22350 is sufficient regulation as to such conditions.

CVC Section 22358.6 – 85th Percentile: The CA MUTCD has been updated to require the local authority to round speed limits to the nearest five miles per hour of the 85th percentile of the free-flowing traffic.

In cases in which the speed limit needs to be rounded down to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may lower the speed limit by five miles per hour from the nearest five mile per hour increment of the 85th-percentile speed, in compliance with Sections 627 and 22358.5 and the CA MUTCD, if the reasons for the lower speed limit are documented in an engineering and traffic survey.
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In cases in which the speed limit needs to be rounded up to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may decide to instead round down the speed limit to the lower five miles per hour increment. If the speed limit is rounded down pursuant to this subdivision, the speed limit shall not be reduced any further.

Furthermore, a local authority may additionally lower the speed limit as provided in Section 22358.7.

However, the total reduction of the speed limit pursuant to subdivisions (a) to (d) of CVC 22358.6, inclusive, shall not exceed 12.4 miles per hour from the 85th percentile speed.

CVC Section 22358.7(a) – Downward Speed Zoning: Authorizes a local authority to determine a prima facie speed limit that has been reduced an additional five miles per hour, after completing an engineering and traffic survey, based on the following reasons. The portion of highway has been designated a safety corridor which shall not be classified for more than one-fifth of all streets or the portion of highway is adjacent to a land use that generates a high concentration of bicyclists or pedestrians, especially those from groups such as children, seniors, persons with disabilities, and the unhoused.

CVC Section 22358.7(b)(d) – Safety Corridor: A “safety corridor” shall be defined by the Department of Transportation in the next revision of the CA MUTCD. In making this determination, the department shall consider highways that have the highest number of serious injuries and fatalities based on collision data that may be derived from, but not limited to, the Statewide Integrated Traffic Records System. When Section 22358.7(a) is used to lower a speed 10 miles per hour from the 85th percentile, a local authority shall issue only warning citations for violations of exceeding the speed limit by 10 miles per hour or less for the first 30 days that a lower speed limit is in effect as authorized by this section.

CVC Section 40802 (a)(2) – Prima Facie Speed Limits: Provides that prima facie speed limits established under CVC Sections 22352(b)(1), 22354, 22357, 22358, and 22358.3 may not be enforced by radar unless the speed limit has been justified by an engineering and traffic survey within the last five years, seven or fourteen years if a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred, including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume. This CVC section does not apply to a local street, road or school zone. A local street or road is defined by the latest functional usage and federal-aid system maps, or a street or road that primarily provides access to abutting residential property and meets the following criteria: (1) roadway is not more than 40 feet in width; (2) roadway is not more than one-half mile of uninterrupted length; and (3) roadway is not more than one travel lane in each direction. 1631
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PHONE:(559) 570-8991, EMAIL: [email protected], www.JLBtraffic.com 516 W. Shaw Ave., Ste. 103, Fresno, CA 93704
060-002 - 07/17/25 - DCC/AD
City of South Lake Tahoe E&TS
Recommended Speed Limit
Figure 2
Ala Wai Blvd
Tahoe Keys Blvd
Lake Tahoe Blvd
AI Tahoe Blvd
Lakeview Ave
Johnson Blvd
Pioneer Trail
Ski Run Blvd
Venice Dr
D St Viking Rd
City Limits
Washington Ave
Tamarack Ave
= City Limits
Not To Scale
N
Sierra Blvd
= 30 MPH
LEGEND
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Survey Methodology
Radar Checks
The traffic speed surveys for the study segments were conducted in June 2025 with a calibrated radar gun on days with fair weather, dry pavement and clear visibility. An effort was made to ensure that the presence of radar survey equipment did not affect the speed of the traffic being surveyed. Locations were selected where the prevailing speeds were representative of the entire street segment. The CA MUTCD provides guidance for the completion of an Engineering and Traffic Survey. Under the Guidance section of the MUTCD it is recommended that a minimum sample of 50 observations be used, but for purposes of this study a minimum of 100 observations were used or a maximum period of two hours if 100 observations are not achieved. The results of the radar speed survey data are shown in Appendix A.

Analysis of Speed Data
The radar speed survey data were compiled and analyzed to determine the 50th percentile speed, 85th percentile speed, 10 mph pace speed, the number and percent of vehicles observed within the 10 mph pace speed, and the range of speed observed for each surveyed location. A description of these terms is provided below:
50th Percentile Speed (Median Speed): The speed above and below which 50 percent of the sample speeds were observed. This value indicates the speed that a driver may choose to drive without the influence of any speed limits, speed signs, or enforcement. 85th Percentile Speed (Critical Speed): The speed at or below which 85 percent of the sample speeds were observed. The 85th percentile speed of a spot speed survey is the primary indicator of the appropriate speed limit for a section of the roadway. 10 mph Pace Speed: The 10 mph increment (range) of speeds containing the greatest number of vehicles. In almost all cases, the 85th percentile speed and the recommended speed lie within the range, frequently in the middle to upper range of the interval. The percent of vehicles that fall within the pace speed is an indicator of the bunching of vehicular speeds. The number of observed vehicles within the 10 mph pace is often between 60 and 80 percent of the entire sample.

The speed limit for Sierra Boulevard was recommended after determining the 85th percentile speed, pace speed and considering other significant factors like existing land use, roadway design characteristics and collision rates (based on collision records for a two-year period) for the study segment.
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Traffic Counts
The average daily traffic (ADT) count was conducted at Sierra Boulevard by National Data & Surveying Services (NDS). This count was used to determine the collision rate for this segment of Sierra Boulevard, which in turn were used as a factor in determining the appropriate speed limit. The traffic count is included in Appendix B.

Collision Data
Collisions reported at study roadway segments were obtained from the City of South Lake Tahoe Police Department for a period of two (2) years from January 2023 through December 2024 as this was the most recent data available at the time of the preparation of this study. Collision rates are a significant factor in determining the appropriate speed limits. The number of collisions was then used to determine the collision rate to compare that with the Statewide Average Collision Rate of similar roadways. The collision data can be found in Appendix C. A table that includes the Collision Rate and the Statewide Average Collision Rate can be found in Appendix D.

Speed Limit Recommendations
Establishment of speed limits can be controversial and requires a rational, defensible and consistent evaluation process. Speed limits are typically set near the 85th percentile speed which establishes an upper limit of what is considered reasonable and prudent. With all of the statistics inherent to the engineering and traffic speed survey process, there is a great deal of engineering judgment required. Speed limits should be reasonable and realistic regardless of the results of the field studies. Reasonable speed limits are those which responsible motorists would drive without enforcement and/or signage and depend on the voluntary compliance of the greater majority of motorists. Speed limits cannot be set arbitrarily low as this would create violators of the majority of drivers and would not command the respect of the public.

In 2004, in order to better conform to the intent of the federal standards as established in the Federal Highway Administration’s Manual on Uniform Traffic Control Devices, and also to address some of the widespread disregard of the 5 mph special downward speed zoning provision, the California Traffic Control Manual replaced the Traffic Manual, and the speed zoning section of the Traffic Manual was changed to require rounding the 85th percentile to the nearest 5 mph increment rather than the lower 5 mph increment. This specific guideline revision resulted in raising certain street speed limits and had become a challenge to state and local jurisdictions.

In 2007, the California Traffic Control Devices Committee (CTCDC) ruled to approve a language change in the California Traffic Control Manual to clarify how local speed limits should be set. The CTCDC was prompted to make this change due to major variations in the interpretation and application of the California Traffic Control Manual Section 2B.13 “Speed Limit Sign (R2-1)” and to better distinguish the differences between “within” 5 mph of the 85th percentile speed and “round to the nearest” 5 mph of the 85th percentile speed for setting local speed limits. The changes included:
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Method1: For cases in which the nearest 5 mph increment of the 85th-percentile speed would require a rounding down, the posted speed may be reduced by 5 mph from the nearest 5 mph increment of the 85th-percentile speed, in compliance with the California Vehicle Code.

Method 2: For cases in which the nearest 5 mph increment of the 85th-percentile speed would require a rounding up, then the speed limit may be rounded down to the nearest 5 mph increment below the 85th percentile speed, if no further reduction is used.

Caltrans ultimately issued a Traffic Operations Policy Directive (No. 09-04), effective July 1, 2009, which clearly defined these changes and incorporated new requirements into the California Traffic Control Manual. Section 2B.13 of the 2014 Edition of the California Traffic Control Manual now requires as a standard that a speed limit shall be established at the nearest 5 mph increment of the 85th percentile speed, except that the posted speed may be reduced by 5 mph from the nearest 5 mph increment of the 85th percentile speed in compliance with CVC Sections 627 and 22358.5.

Section 2B.13 further states that justification for reducing speed limits can be based on residential density, pedestrian/bicyclist safety and other factors not readily apparent to drivers, but essential to meet the traffic safety needs of the community. The following factors may be considered to adjust and determine the final speed limits:

Road characteristics, shoulder condition, grade, alignment, and sight distance 10 mph pace speed (a 10 mph range in speeds in which the highest number of data is recorded) Roadside development and environment
Parking practices and bicycle/pedestrian activity
Reported collision experience for at least a 12-month period Table I summarizes existing speed limit, critical speed, recommended speed limit, rounding method and reason used to justify speed limit reduction if any were used for the segment. Based on the above guidelines, it is recommended that the recommended speed limit as noted in Table I be adopted by the City of South Lake Tahoe. Before any changes to the current posted speed limit are made, the City of South Lake Tahoe shall pass a resolution or ordinance as appropriate which defines the appropriate speed limit for the street segment identified in Table I. A table that summarizes the segment, speed, and collision data for the study segment can be found in Appendix D.
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Table I: Sierra Boulevard
Limits Posted Speed
Limit (MPH)
85th Percentile
Speed (MPH)
Recommended
Speed (MPH) Method and Reason
Lake Tahoe
Boulevard
Barbara
Avenue 35 36 30
CA MUTCD Method 1, this corridor
has high pedestrian and bicyclist
activity and contains a connection
to trails through a park and to Lake
Tahoe Community College.

Recommendations
Based on the results of the Engineering and Traffic Survey, it is recommended that the City of South Lake Tahoe consider adopting the Engineering and Traffic Survey for Sierra Boulevard. Before speed limit signs are updated, it would be necessary for the City of South Lake Tahoe to pass the appropriate ordinance or resolution needed to post a speed limit sign. Upon approval of this E&TS, the appropriate regulatory speed limit signage will need to be installed pursuant to the CA MUTCD. Enforcement of the speed limit can commence after the regulatory speed limit signage has been in place for a minimum of 30 days. 1636
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Study Participants
JLB Traffic Engineering, Inc. Personnel:

Jose Luis Benavides, PE, TE Project Manager
Matthew Arndt, EIT Project Engineer – Traffic Operations Christian Sanchez, EIT Project Engineer –Design
Adrian Benavides Engineer II
Derian Cervantes Engineer I
Diana Cortez Engineering Aide
Arjun Dhillon Engineering Aide
Persons Consulted:

Anush Nejad, PE City of South Lake Tahoe Public Works Development Andra Burnam City of South Lake Tahoe Public Works Development Doug Sentell City of South Lake Tahoe Police Department Justin Brock City of South Lake Tahoe Police Department 1637
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References
Caltrans. 2023. "California Manual on Uniform Traffic Control Devices". Sacramento: State of California.

Department of Motor Vehicles. Online Edition. “California Vehicle Code”. State of California.

City of South Lake Tahoe. 2011. “General Plan Update Final Environmental Impact Report”. South Lake Tahoe: County of El Dorado.
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Appendix A: Speed Survey
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Spot Speed Study
Prepared by: National Data & Surveying Services
Eastbound & Westbound
DATE: Location:

TIME: Posted Speed: 35 MPH Weather: Clear/Dry
Speed
mph ALL Vehicles
<=10
11 12
13 14
15 16
17 18
19 20
21 3
22 1
23 24 5
25 7
26 16
27 12
28 22
29 26
30 29
31 41
32 45
33 47
34 53
35 47
36 21
37 14
38 15
39 6
40 5
41 4
42 43 1
44 1
45 1
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
>=70
Class Count Range
50th
Percentile
85th
Percentile
10 MPH
Pace # in Pace
Percent in
Pace % / # Below Pace % / # Above Pace
ALL 422 21 - 45 33 mph 36 mph 28 - 37 345 82% 10% / 44 8% / 33

SPEED PARAMETERS
Sierra Blvd 400' E/O Knox Ave
City of South Lake Tahoe
Eastbound & Westbound Spot Speeds
11:00-13:30
6/3/2025
Project #: 25-070140-001
0 5 10 15 20 25 30 35 40 45 50 55 60
70 68
66 64
62 60
58 56
54 52
50 48
46 44
42 40
38 36
34 32
30 28
26 24
22 20
18 16
14 12
10 Speed - MPH
Number of Vehicles
1640
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Appendix B: Traffic Count
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Day: Tuesday City: South Lake Tahoe
Date: Project #: CA25_070139_001
NB SB EB WB Total
0 0 1,988 2,277 4,265

TIME NB SB EB WB TOTAL TIME NB SB EB WB TOTAL NB SB EB WB TOTAL 0:00 7 0 7 12:00 38 44 82 00:00 01:00 11 5 16
0:15 2 3 5 12:15 34 48 82 01:00 02:00 8 3 11
0:30 2 1 3 12:30 32 42 74 02:00 03:00 2 1 3
0:45 0 1 1 12:45 41 42 83 03:00 04:00 4 4 8
1:00 1 0 1 13:00 37 44 81 04:00 05:00 2 11 13
1:15 3 2 5 13:15 21 25 46 05:00 06:00 7 24 31
1:30 1 1 2 13:30 41 39 80 06:00 07:00 42 70 112
1:45 3 0 3 13:45 40 32 72 07:00 08:00 88 157 245
2:00 1 0 1 14:00 33 37 70 08:00 09:00 117 223 340
2:15 0 1 1 14:15 46 35 81 09:00 10:00 106 156 262
2:30 1 0 1 14:30 35 48 83 10:00 11:00 87 155 242
2:45 0 0 0 14:45 37 42 79 11:00 12:00 105 128 233
3:00 0 1 1 15:00 41 39 80 12:00 13:00 145 176 321
3:15 2 1 3 15:15 36 43 79 13:00 14:00 139 140 279
3:30 2 2 4 15:30 26 40 66 14:00 15:00 151 162 313
3:45 0 0 0 15:45 57 39 96 15:00 16:00 160 161 321
4:00 0 1 1 16:00 47 54 101 16:00 17:00 197 186 383
4:15 0 2 2 16:15 51 36 87 17:00 18:00 149 182 331
4:30 1 1 2 16:30 55 47 102 18:00 19:00 159 103 262
4:45 1 7 8 16:45 44 49 93 19:00 20:00 117 87 204
5:00 0 5 5 17:00 51 36 87 20:00 21:00 85 67 152
5:15 1 1 2 17:15 33 61 94 21:00 22:00 59 44 103
5:30 3 4 7 17:30 40 49 89 22:00 23:00 30 24 54
5:45 3 14 17 17:45 25 36 61 23:00 00:00 18 8 26
6:00 5 6 11 18:00 49 26 75
6:15 5 17 22 18:15 39 26 65 NB SB EB WB TOTAL
6:30 13 16 29 18:30 34 21 55 00:00 to 12:00
6:45 19 31 50 18:45 37 30 67 579 937 1516
7:00 9 15 24 19:00 32 28 60 7:30 7:45 7:45
7:15 13 33 46 19:15 34 24 58 120 248 366
7:30 25 39 64 19:30 24 12 36 0.732 0.886 0.824
7:45 41 70 111 19:45 27 23 50
8:00 31 68 99 20:00 19 11 30 12:00 to 00:00
8:15 23 61 84 20:15 15 17 32 1409 1340 2749
8:30 23 49 72 20:30 33 22 55 15:45 16:45 15:45
8:45 40 45 85 20:45 18 17 35 210 195 386
9:00 17 40 57 21:00 15 14 29 0.921 0.799 0.946
9:15 25 40 65 21:15 16 7 23
9:30 31 38 69 21:30 17 14 31 07:00 to 09:00
9:45 33 38 71 21:45 11 9 20 205 380 585
10:00 24 51 75 22:00 13 5 18 7:30 7:45 7:45
10:15 21 36 57 22:15 5 4 9 120 248 366
10:30 24 30 54 22:30 4 7 11 0.732 0.886 0.824
10:45 18 38 56 22:45 8 8 16
11:00 27 39 66 23:00 7 4 11 16:00 to 18:00
11:15 22 38 60 23:15 2 1 3 346 368 714
11:30 27 23 50 23:30 6 0 6 16:15 16:45 16:00
11:45 29 28 57 23:45 3 3 6 201 195 383
TOTALS 0 0 579 937 1516 TOTALS 0 0 1409 1340 2749 0.914 0.799 0.939 SPLIT % 0% 0% 38% 62% 36% SPLIT % 0% 0% 51% 49% 64%
Peak Hour
Peak Volume
Peak Hour Factor
Peak Hour
Peak Volume
Peak Hour Factor
Peak Period
Volume
Volume
Peak Hour
Peak Volume
Peak Hour Factor
Peak Period
Volume
Peak Hour
Peak Volume
Peak Hour Factor
Peak Period
Volume
Prepared by National Data & Surveying Services
VOLUME
Sierra Blvd Bet US 50/Lake Tahoe Blvd & Barbara Ave (38.921592,-119.982122) 6/3/2025

DAILY TOTALS DAILY TOTALS
15-Minutes Interval Hourly Intervals
TIME

STATISTICS
Peak Period
0 50
100
150
200
250
00:0001:0002:0003:0004:0005:0006:0007:0008:0009:0010:0011:0012:0013:0014:0015:0016:0017:0018:0019:0020:0021:0022:0023:00

NB SB EB WB
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Appendix C: Collision Reports
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Location Distance Direction Collision Type Involved With PCF Party No Party Type Dir of Travel Movement SIERRA BLVD ‐ LAKE TAHOE BLVD 89 Direction: SOUTH Broadside Other Motor Vehicle Auto R/W Violation Party 1 Vehicle EAST Making Left Turn
Party 2 Vechicle NORTH Proceeding Straight
SIERRA BLVD ‐ PALMIRA AVE 0' Direction: Not Stated Broadside Other Motor Vehicle Unsafe Speed Party 1 Driver EAST Entering traffic
Party 2 Driver NORTH Proceeding Straight
SIERRA BLVD ‐ CHRIS AVE 0' Direction: Not Stated Head‐On Other Motor Vehicle Auto R/W Violation Party 1 Driver NORTH Making Left Turn
Party 2 Driver SOUTH Proceeding Straight
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Appendix D: Segment Information
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Average
Daily
Traffic
(ADT)
Number of
Reported
Collisions (24
Months)
Collision
Rate
Statewide
Average
Collision
Rate
Length
(Miles)
10 MPH
Pace
(MPH)
Number
In Pace
% In
Pace
50%tile
Speed
(MPH)
85%tile
Speed
(MPH)
Recommended
Speed Limit (MPH)
1 Sierra Boulevard EB/WB Lake Tahoe
Boulevard
Barbara
Avenue 2 35 4265 3 1.55 1.68 0.62 28-37 345 82% 33 36 30 Table 1: 2025 Engineering and Traffic Survey
Road
Segment
Number
Street Name Direction Limits
Number
of
Lanes
Posted
Speed Limit
(MPH)
[A]
Determination of the Recommended Speed
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 12, 2025
Agenda Item #:17
Agenda Item: Delegation of City Engineer and City Traffic Engineer and Agreement with Lefrancois Engineering for On-Call Engineering and Traffic Engineering Services Executive Summary: City Council will consider a formal, on-call relationship with Lefrancois Engineering, and subconsultant LSC Transportation Consultants, Inc., engineering consulting firms, for on-call City Engineering and City Traffic engineering services. The proposed agreement specifies hourly rates and includes a not-to-exceed amount of $300,000 for services performed through FY 2025/2026.

As of August 15th, 2025, the City will not have a dedicated City Engineer, nor a licensed Traffic Engineer on staff in the Public Works Department. Retaining the services of on-call engineering/traffic engineering will allow immediate access to licensed engineers to provide technical assistance and recommendations to the City. City Code and Business & Professions Code require at least one licensed engineer shall be designated the person in responsible charge of professional engineering work for each branch of professional engineering practiced in any department or agency of the state, city, county, or city and county. City Code requires an analysis completed by a licensed traffic engineer to implement various changes to speed limits, regulatory signage, road closures, no parking zones, and other transportation system adjustments.

Requested Action / Suggested Motions: Pass a Resolution 1) Authorizing and directing the Mayor Pro Tem to execute Professional Services Agreement with Lefrancois Engineering for an amount not to exceed $300,000; 2) Appropriating $300,000 from General Fund Undesignated Excess Reserves into account 100-03210-42025; 3) Delegating to Michael Lefrancois, P.E., an employee of Lefrancois Engineering, the authority to act as City Engineer; 4) Delegating to Bill Suen, P.E. (Traffic) an employee of LSC Transportation Consultants, Inc., a subconsultant to Lefrancois Engineering, the authority to act as City Traffic Engineer.

Responsible Staff Member: Ricky Riddle, Construction Facilities and Program Manager Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - On Call Engineering Services.docx
02-Agreement - Lefrancois Engineering.pdf
03-Resolution-City Engineer and Traffic Engineer.docx
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Council Agenda Report August 12 2025 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: August 12, 2025
Title: Professional Services Agreement for On-Call City Engineer and Traffic Engineer Services
Location: Citywide
Responsible Staff Member: Ricky Riddle, Construction and Facilities Program Manager
Background: On July 14, 2025, the City of South Lake Tahoe issued a Request for Proposals (RFP) for On-Call Engineering and Traffic Engineering Services (Addendum 1, issued July 14, 2025). The RFP was advertised on PlanetBids website. The RFP sought qualified consultants to provide professional engineering and traffic engineering services to support the City’s Capital Improvement Program and ongoing infrastructure/community needs. Proposals were due by July 22, 2025, at 5:00 P.M. PST, with a tentative award date of August 12, 2025. There were 27 prospective bidders, with three (3) proposals submitted. Each proposing firm was invited to a panel interview with City Staff.

The scope of services includes, but is not limited to:
 Evaluation and analysis of City streets and intersections as directed by the Department of Public Works.
 Preparation of written reports summarizing street or intersection analyses, including recommendations, evident warrants, and supported conclusions.  Signing and Stamping Construction Plans prior to bidding  Presentations and oral reports to the City Council as needed.  Compliance with California Business and Professions Code (BPC) Section 6732, requiring licensed civil engineers to perform or directly supervise engineering work.

Following a competitive evaluation process, Lefrancois Engineering was selected as the preferred consultant based on the criteria outlined in the RFP, including company/team history, designated engineer(s) experience, scope of work/implementation, project budget, and references.

Michael Lefrancois, PE is designated as the licensed City Engineer proposed by Lefrancois to fulfill the City’s on-call engineering service request. Mr. Lefrancois has extensive experience of providing on-call engineering services to other communities in the Lake Tahoe Basin.

Bill Suen, PE (Traffic) is designated as the licensed traffic engineer proposed by LSC Transportation Consultants, Inc., which will be a subconsultant to Lefrancois, to fulfill the City’s on-call traffic engineering service request. LSC has similar experience of providing on-call traffic engineering services to other communities, including the City of South Lake Tahoe from 2006-2010. 1648
Council Agenda Report August 12 2025 Page 2 of 4
Issue and Discussion: The Director of Public Works, Anush Nejad, is leaving the city on August 15th.

Mr. Nejad currently serves as the designated City Engineer and designated City Traffic Engineer. These positions are required by local and state laws for a City to operate in a functional capacity.

Specifically to traffic engineering, Public Works receives requests from citizens to install or change regulatory traffic signs throughout the City of South Lake Tahoe. Regulatory sign placement, road closures, no parking zones, changes to traffic signals, and other transportation-related scenarios typically require evaluation and recommendation by a licensed traffic engineer.

City Code, Chapter 4.25, Motor Vehicles and Traffic, delegates decision-making authority regarding specific traffic and transportation issues to the City’s Traffic Engineer. Currently, there are no licensed traffic engineers within the City’s Engineering Division. Retaining on-call consulting services will provide immediate access to a professional traffic engineer. An on-call service will provide the means of efficiently acquiring a response to the City’s requirement of a traffic engineer’s analysis and recommendation. The resolution attached to this staff report will authorize professionally licensed traffic engineer Bill Suen, employed by LSC Transportation Consultants, Inc., a subconsultant to Lefrancois Engineering, to act as the City Traffic engineer on an on-call basis.

California Business & Professions Code Section 6730, and 6730.2 deem that at least one licensed engineer shall be designated the person in responsible charge of professional engineering work for each branch of professional engineering practiced in any department or agency of the state, city, county, or city and county.

An on-call service will provide the means of efficiently fulfilling the City’s requirement of a licensed engineer being in responsible charge. The resolution attached to this staff report will authorize professionally licensed engineer, Michael Lefrancois, employed by Lefrancois Engineering, to act as the City Engineer on an on-call basis.

The Professional Services Agreement with Lefrancois Engineering for on-call engineering services would remain active through September 30th, 2026. However, the City or the consultant has the option to terminate the agreement upon a written 30-day notice.

Financial Implications: Staff recommend that the City Council approve the Professional Services Agreement with Lefrancois Engineering in the amount not to exceed $300,000. Based on the timing of the current City Engineer/Traffic Engineer’s departure from the city, staff were not able to forecast this expenditure in current reflected budgets. Given this information, funding for this professional services agreement is recommended to be appropriated from General Fund Undesignated Excess Reserves into account 100-03210-42025.

Expenses associated with the traffic engineering service have been estimated not to exceed $50,000 based on the number and complexity of existing public inquiries, as well as current traffic studies in progress that will require an engineering review. The resolution accompanying this staff report includes authorization by City Council to appropriate undesignated reserves from the General Fund for the proposed City contract traffic engineer expenditures during FY 2024-2025. Unspent budget can be applied to the following year’s annual operating budget for the City Traffic Engineering services.

Public Works typically receives requests for regulatory signs and pedestrian crosswalks in the past year.

Regulatory sign and pavement striping requests are compiled within the City’s VueWorks program, Council discussion, recent emails, and phone messages. There may be other traffic and transportation issues requiring more extensive traffic analysis. For larger, more complex issues with a need for additional budget, Public Works may propose amending the City Traffic Engineer budget or possibly issue a separate Request for Proposals (RFP) to match an independent budget to the specific scope of work.

Expenses associated with the City Engineering services have been estimated not to exceed $250,000 based on the current workload of the Public Works Department and the capital improvement projects in motion. The 1649
Council Agenda Report August 12 2025 Page 3 of 4
resolution accompanying this staff report includes authorization by City Council to appropriate undesignated reserve from the General Fund for the proposed City contract engineer expenditures during FY 2024-2025.

The unspent budget can be applied to the following year’s annual operating budget for the City Engineering services.

Public Works currently has over $120 Million in CIP projects planned in the coming years. Most of these projects require oversight by a licensed engineer in responsible charge. The estimate for City Engineering services is derived from the time allocation necessary to ensure that the city’s projects are designed and implemented to sound engineering standards, as well as city public improvement standards. Aside from a few occasions, the scope of this contract does not include the actual design work necessary to complete a project. CIP projects and other city projects requiring design documents to get through the permitting process and into implementation will still require separate budgets for design professionals.

Environmental Considerations: This action is not a project subject to review under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines section 15378(b)(5) (organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment).

Policy Implications: Retaining on-call City and Traffic Engineer services will allow the City to proceed with engineering related projects legally.

Retaining on-call traffic engineering services will allow the City to promptly evaluate citizen requests, City Department, and City Council requests for regulatory traffic signs and other traffic related applications in accordance with City Code. In addition, the expertise of a readily available traffic engineer will assist the Planning Division with third party evaluations and technical recommendations for traffic-specific elements necessary for a thorough analysis of development projects and planning studies.

This PSA will also provide direct support and assistance in the following current City strategic priorities:

5.2 - Complete the conceptual US50 Corridor Planning Study including transit options and crossjurisdictional coordination (to include gondola, widened bike lanes, speed reduction, and Y mobility hub).

5.5 - Increase annual road repair through innovative maintenance and rehab program.

5.3 - Complete Traffic Calming Toolbox (including multi-modal traffic control device warrants).

5.6 - Prioritize the implementation of Complete Streets.

6.1 - Update the Storm Water and Drainage Master Plan.

6.2 - Identify areas that are suitable to serve as drainage basins.

6.3 - Ensure all storm water projects are in compliance with sediment total maximum daily load (TMDL) standards and always improve lake clarity.

7.1 - Complete the new Recreation and Swim Complex and maintain the current complex in the meantime.

7.2 - Implement the Vision Zero Plan.

7.3 - Increase connectivity and safety.

7.4 - Evaluate public pier options.
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Council Agenda Report August 12 2025 Page 4 of 4

7.5 - Evaluate the possibility of building and maintaining a park in every neighborhood (pocket parks).

7.7 - Continue to improve access for people of all abilities to all public spaces. 1651

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the ____ day of August, 2025 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Lefrancois Engineering (“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 through September 30, 2026.
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3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $300,00.000 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. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

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

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

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

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

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

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from 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 1654
any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

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

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

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

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

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
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b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].

11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

12. Compliance with Laws. Consultant shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in carrying out his/her duties under this Agreement. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section.

In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by law.

13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement 1656
or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.

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

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

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

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

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any 1657
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.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
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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.

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 1659
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: Michael Lefrancois, P.E.

Principal, Lefrancois Engineering
288 Village Blvd, Ste 5
Incline Village, NV 89451

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 1660

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

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

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

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

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

23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the Drug1661 Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free work place by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.

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

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

25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or 1662
voluntarily excluded from participating in covered transactions by any Federal department or agency.

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

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

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

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

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

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

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

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

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By___________________________ By ________________________________ Cody Bass, Michael Lefrancois, PE
Mayor Pro Tem Principal
Date __________________________   Date _____________________________

Business License #
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
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EXHIBIT A

SCOPE OF SERVICES
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288 Village Blvd Ste 5
Incline Village, NV 89451
775-413-5055
[email protected]
www.l-eng.com
Lefrancois Engineering
A. COVER LETTER
SUBMITTED: July 22, 2025
Joe Irvin, City Manager
City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
RE: Proposal for On-Call City Engineer & City Traffic Engineer Services Dear Mr. Irvin and Selection Committee,
Lefrancois Engineering, in association with LSC Transportation Consultants, Inc., is pleased to submit this proposal to provide On-Call City Engineer and City Traffic Engineer services to the City of South Lake Tahoe. Our firms bring together more than four decades of combined experience in civil infrastructure design, plan review, construction oversight, and specialized traffic engineering. We have a long history of working in the Tahoe Basin and surrounding communities, with a deep understanding of the region’s operational and regulatory requirements.

As a local firm headquartered in Incline Village, Lefrancois Engineering is committed to delivering responsive, in-person support whenever needed. Whether through regular meetings, project site visits, or emergency consultations, our team will be readily available to serve as an extension of City staff in supporting the Department of Public Works.

We have prepared this proposal in full compliance with the Request for Proposals issued by the City. Our proposal is valid for a period of no less than 120 calendar days from the date of submission. Should you have any questions or require additional information, please feel free to contact me directly at 775-413-5055 or [email protected]. Thank you for considering our team. We look forward to the opportunity to collaborate with the City of South Lake Tahoe to support your infrastructure and transportation goals.

Sincerely,
Michael Lefrancois, P.E., Principal / Contact Person for Proposal Lefrancois Engineering with LSC Transportation Consultants, Inc. 288 Village Blvd, Ste 5 Incline Village, NV 89451
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Table of Contents
B. EXECUTIVE SUMMARY 1
C. COMPANY HISTORY, BACKGROUND, AND EXPERIENCE 2
D. DESIGNATED ENGINEERS 5
E. SCOPE OF WORK/IMPLEMENTATION 6
F. PROJECT BUDGET 8
G. DESCRIPTION OF RECENT PROJECTS/REFERENCES 9
H. APPENDIX/RESUME 10
B. EXECUTIVE SUMMARY
Lefrancois Engineering is pleased to submit our qualifications to serve as the City of South Lake Tahoe’s on-call City Engineer and City Traffic Engineer. We understand this role is not simply about plan review but about preserving regulatory integrity, ensuring public safety, and helping the City steward over $120 million in active capital improvements while advancing long-term investments.

The City's Capital Improvement Program includes a diverse mix of ongoing and emerging projects, ranging from annual paving and facility maintenance work to trail construction, new structures and complete streets projects. Several projects appear actively in construction, or closeout phases, indicating an immediate need for field coordination, construction field and administrative support. Others are in design or pre-design stages, requiring consultant procurement support, task order development, and interagency permitting guidance. Our team is experienced with every stage of public infrastructure delivery and regulatory compliance, and is prepared to support road construction, utility work, storm drain improvements, vertical construction including structural and electrical work. This scope reflects both technical and administrative responsibilities that align directly with our local expertise, responsiveness, and knowledge of City processes.

We understand the City is operating with limited in-house engineering design staff and that we will serve in Responsible Charge, as defined under California Business and Professions Code §6730. We are prepared to represent the City in full oversight of capital improvement projects, review and approval of consultant and City-prepared plans, and execution of engineering responsibilities for standalone traffic and infrastructure needs. This includes stamping plans where required, advising City staff on construction and permitting issues, and serving as a technical resource to both internal departments and the public. This role is envisioned primarily as professional oversight of City Engineering activities to ensure compliance with laws and regulations, environmental standards and safety.

To meet the City’s traffic engineering needs, we have partnered with LSC Transportation Consultants. LSC is a regionally respected firm with extensive experience in mountain and resortarea transportation planning. As a team we are currently collaborating on the Redwood Coast Transit Authority Short Range Transit Plan and have worked together on a variety of Lake Tahoe Basin projects over the years. LSC brings the expertise necessary to fulfill the City’s expectations under Chapter 4.25 of its Municipal Code, including evaluating citizen requests, reviewing 1667
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temporary traffic control plans, supporting CIP-related traffic elements, and when requested providing reports, recommendations and oral presentations to City Council.

We understand that the level of effort for this contract will fluctuate, ranging from routine plan reviews and regulatory consultation to periods of heightened activity during capital project delivery or traffic-related inquiries. Our local presence enables us to participate in person when beneficial, while remaining flexible and responsive to City staff as workloads evolve. With our team’s experience, reliability, and deep knowledge of the regional regulatory and physical landscape, we are confident in our ability to support the City’s goals and deliver the services required. All services will be provided on an on-call, task order basis to ensure adaptability and cost-effective support.

C. COMPANY HISTORY, BACKGROUND, AND EXPERIENCE
Lefrancois Engineering - City Engineer and Prime Consultant Founded: 2023
Headquarters: 288 Village Blvd, Ste 5, Incline Village, NV 89451 Company Size Incline Village Office: 6 employees
Lefrancois Engineering is a locally based civil engineering consulting firm providing infrastructure design, plan review, construction oversight, and capital project management to public agencies in the Lake Tahoe Basin and adjacent communities. Founded by Principal Michael Lefrancois, P.E., following more than two decades of experience in both public works and private consulting, the firm was established to offer highly responsive, senior-level engineering support grounded in deep regional knowledge. The Incline Village, NV office consists of the principal engineer (as City Engineer), a project coordinator, administrative staff as well as part-time field personnel and technical support staff.

Lefrancois Engineering has successfully managed roadway design and construction, drainage studies, utility designs, structural evaluations, and stakeholder coordination for public and private clients. The firm’s project team maintains working relationships with TRPA, Lahontan Regional Water Quality Control Board, Caltrans, and El Dorado County.

Our firm is uniquely qualified to fulfill this role. We are a Tahoe-based, California licensed firm based nearby in Incline Village, Nevada with Nevada SBE and ESB-certifications. We have deep experience in managing similar municipal capital plans for roads, parks, building facilities, trails and beaches. We currently are a preferred consultant for the Lake Tahoe Unified School District Measure U initiatives and provide on-call plan review services for the City of Fernley, NV. We are presently wrapping up a significant project with the United States Forest Service (USFS) in El Dorado County in managing forest-wide roadway assessments and related construction documents. Michael has led projects on both the owner and consultant side, including stormwater retrofits, roadway rehabilitation, and utility coordination in environmentally sensitive and highelevation settings with extensive experience navigating TRPA permitting, CEQA compliance, and El Dorado County development review processes.
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Lefrancois Engineering maintains the capacity to provide City Engineer services for 20-30 hours per week, with the ability to scale up for larger task orders or emergency response. The firm’s local presence supports real-time coordination and attendance at weekly Public Works meetings, plan review sessions, field inspections, and stakeholder meetings.

Core Service Areas Include:
• Civil Engineering Design and Constructability Review
• Pavement Maintenance plans, Roadway Rehabilitation and Pavement Design • Vertical construction and owner representative
• NPDES compliance and Drainage Infrastructure Design
• Utility coordination and designs
• Stormwater Quality and Erosion Control
• Capital Project Budgeting and Scheduling
• Permitting and Interagency Coordination
• GIS data collection and mapping
LSC Transportation Consultants, Inc. - City Traffic Engineer (Subconsultant) Founded: Tahoe City Office in 1993
Headquarters: 2690 Lake Forest Road, Tahoe City, CA 96145 Company Size Tahoe City Office: 14 employees
LSC Transportation Consultants, Inc. is a multimodal transportation engineering and planning firm, with offices in Tahoe City, CA as well as in Colorado. The Tahoe City office, established in 1993, is the only transportation planning/engineering consulting office in the Tahoe Basin. The Tahoe City office consists of four traffic engineers (principal, two senior engineers, and one engineer), one support administrator, one graphic technician, and three count technicians.

Additionally, the firm includes five transportation planners.

Over the years, LSC has conducted over 400 traffic, parking, transit, and bicycle/pedestrian studies throughout the Tahoe Region. Clients have included every local jurisdiction in the basin, various public agencies, as well as private developers. The firm is the on-call traffic engineer for the Town of Truckee, the Town of Mammoth Lakes, and has also previously served as the oncall traffic engineer for the City of South Lake Tahoe from approximately 2006 to 2010. This work has given the LSC staff a very good understanding of the unique transportation conditions in the Lake Tahoe area.

LSC has the capacity to provide the City with on-call traffic engineering services for up to 20 hours per week, on an as-needed basis. Additionally, LSC has the internal capacity to allocate qualified staff, under the direction of the proposed designated City Traffic Engineer, to provide analysis needs as they arise. The proposed City Traffic Engineer is also available to regularly attend the City’s biweekly engineering staff meetings, and City Council meetings upon request. 1669
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LSC provides the following services:
• Traffic Data Collection
• Traffic Engineering
• Travel Demand Management
• Vehicle Miles Traveled (VMT) Analysis
• Parking Analysis
• Traffic Impact Studies
• Roadway Capacity
• Intersection Evaluation
• Signal Warrant Analysis
• Access Planning and Design
• Bicycle-Pedestrian Circulation
• Local Roads Safety Study
• School Circulation and Safety
• Parking Feasibility Reports
• Parking Management System Design
Organizational Structure
Lefrancois Engineering will serve as the Prime Consultant and City Engineer, responsible for overall project management, civil engineering oversight, and plan review. LSC will serve as the City Traffic Engineer under our direction.

The core project team includes:
• Michael Lefrancois, P.E. - Principal Engineer / City Engineer • Bill Suen, P.E. - Traffic Engineer (LSC) (Subconsultant) • Sanda Iancu, BS - Project Coordinator, Lefrancois Engineering • Utility & Field Technicians - As-needed construction support, documentation, and inspections
Resumes for all key personnel are included as attachments.

Experience and Capacity to Undertake Services
Our team has demonstrated background providing municipal engineering and traffic services to agencies with needs similar to those of City of South Lake Tahoe. Our current and past projects include:
• On-call plan review and staff augmentation support for the City of Fernley, NV • Experience with Public works capital management for Incline Village GID • Lake Tahoe Unified School District - Measure U CIP projects - preferred consultant • Traffic and mobility plans with TRPA and the Town of Truckee (LSC) We are fully prepared to undertake all assignments outlined in the RFP, including scheduled and emergency support. Our project coordinator, Sanda Iancu, will serve as a point of contact to coordinate all task orders and staff assignments. While actively supporting other regional clients, Lefrancois Engineering maintains approximately 70% capacity assuring we are well-positioned to respond promptly to the City’s on-call engineering needs with flexibility and focus.

Estimated Time Commitment and Availability
We estimate the following average monthly time commitments for core team members, based on the City’s anticipated schedule through September 30, 2026, which can be adjusted as needed in response to the City’s evolving workload:
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Team Member Role Estimated
Monthly Hours
Availability
Commitment
Michael Lefrancois, P.E. Principal / City Engineer 50–70 hrs Weekly and 24/7 for emergency
Bill Suen, P.E. City Traffic Engineer 20-30 hrs Weekly or as needed Sanda Iancu Project Coordinator 20–30 hrs Weekly support Utility & Field Techs Construction Support As needed As needed Our team has a built-in capacity to begin work immediately and ensure reliable, long-term availability throughout the contract.

D. DESIGNATED ENGINEERS
Lefrancois Engineering and our traffic engineering subconsultant, LSC Transportation Consultants, offer a highly qualified and accessible team of professionals with the credentials and experience necessary to fulfill the duties of the City Engineer and City Traffic Engineer roles for the City of South Lake Tahoe.

Michael Lefrancois, P.E.

City Engineer (Designated Lead)
Michael Lefrancois is a California and Nevada licensed Civil Engineer with a depth of experience managing public infrastructure projects throughout Northern California and the Lake Tahoe Basin.

His background includes serving as Project Manager for the Incline Village General Improvement District (IVGID), where he supported roadway and utility rehabilitation projects, public works building construction, golf clubhouse renovations, managed consultant contracts, ensured interagency coordination with Federal, State and Local agencies, and delivered public improvements from planning through construction.

Michael will serve as the designated City Engineer, responsible for plan review, capital project oversight, and emergency response. He is well-versed in the City’s regulatory framework, including CEQA, TRPA permitting, Lahontan requirements, and building permit review. He has supported projects at all stages of the CIP lifecycle from assisting with bid evaluations and contractor award to guiding consultant selection for design-phase efforts. Michael maintains a flexible and responsive approach to availability, ensuring full participation in all required staff meetings and bi-weekly engineering meetings either in-person or virtual as appropriate.

Bill Suen, P.E.

City Traffic Engineer (Subconsultant)
Bill Suen is a Transportation Engineer in LSC’s Tahoe City, California office. Since joining the firm in 2006, Bill has worked on a variety of public and private traffic engineering projects. He has worked on traffic impact studies in Calaveras County, Inyo County, El Dorado County, Nevada County, and Placer County in California as well as in the states of Nevada and Colorado. These analyses included the evaluation of existing traffic operations, level of service, intersection performance and improvement mitigation measures, parking demand, accident data evaluations, 1671
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parking studies, traffic calming measures, signal and pedestrian crossing warrants, and school circulation and safety improvement studies. As part of this work, Bill has become skilled in the implementation of a variety of traffic analysis software such as Traffix, Highplan, SIDRA, Highway Capacity Software, and Synchro/Sim Traffic.

Bill has worked on many projects in the Tahoe Basin including analysis of vehicle miles traveled (VMT) for both Placer County and the Tahoe Regional Planning Agency (TRPA) for both residential and commercial developments such as the Boatworks Redevelopment project in Tahoe City. He has also worked on traffic and parking studies for mixed-use developments such as the Bijou Park and the Old Colony Inn in South Lake Tahoe. Bill has managed large traffic data collection projects for the Town of Truckee, South Lake Tahoe, and TRPA.

In addition to the designated traffic engineer, Leslie Suen (Principal) and Sierra Brown (Senior Engineer), will provide additional engineering support.

Sanda Iancu, BS
Project Coordinator – Lefrancois Engineering
Sanda will serve as the primary administrative lead for this contract, supporting the City Engineer and City Traffic Engineer with coordination of task orders, billing, schedule tracking, and deliverable management. She brings over a decade of experience managing contracts, subconsultant coordination, and municipal reporting processes. Sanda is well-versed in documentation and audit needs of public infrastructure projects and will act as the first point of contact for invoicing, compliance logs, and administrative follow-up. Her involvement ensures a responsive, well-documented approach to the City’s engineering support needs.

E. SCOPE OF WORK/IMPLEMENTATION
Lefrancois Engineering will provide on-call civil and traffic engineering services on a task order basis, tailored to meet the City’s workload, capital delivery schedule, and staffing needs. Our approach is structured to support both City-performed and consultant-managed projects across all phases, including planning, design, permitting, bidding, construction, and closeout. We understand that each project type requires a different level of oversight, and our methodology reflects that flexibility. Our team emphasizes responsiveness, in-person coordination, and proactive issue resolution.

For City-performed projects such as the drainage system improvements and road construction projects, the City Engineer will provide plan review, technical redlines, stamping when required, and field consultation. These projects often move quickly and require a lean and responsive approach. For larger efforts led by outside consultants or design-build teams such as the MultiGenerational Recreation Center or the planned Fire Station 2 Replacement, we assist with preparing scopes of work, issuing RFPs or SOQs, negotiating and tracking task orders, reviewing deliverables, and coordinating permitting with agencies such as TRPA, Lahontan, and El Dorado County. These consultant-led projects often carry more administrative responsibility and greater financial exposure, which we manage through structured oversight and clear documentation. 1672
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Construction-phase projects may require review of pay applications, evaluation of change orders, and attendance at field meetings. We are familiar with typical closeout activities such as punch list review, record drawing processing, and retention release support. Lefrancois Engineering is available 24 hours a day, 7 days a week for emergency responses and is committed to attending weekly and biweekly staff meetings or as needed to ensure alignment with Public Works staff and evolving project needs.

Traffic engineering services will be provided by LSC an on-call basis as a subconsultant to Lefrancois Engineering. Anticipated efforts are two to four hours per week on average depending on the volume of open requests. These services will be led by Bill Suen, P.E., T.E.

Under this proposal, LSC will respond to specific requests from City staff and Michael Lefrancois as City Engineer, to provide traffic engineering support for municipal projects, such as upgrades to City-owned signals or speed management. Services may include traffic analysis of proposed developments; intersection level of service (LOS) evaluations and recommended mitigations; safety evaluations of intersections, bike paths, and roadway segments (including sight distance checks); ADA and MUTCD compliance reviews; parking analyses; and collection of traffic, pedestrian, and bicycle volumes. The City Traffic Engineer will also evaluate citizen-initiated concerns related to signage, speed zones, stop control, and traffic calming in accordance with Chapter 4.25 of the City Code. In addition, LSC will review striping plans, provide input on temporary traffic control, perform VMT screening analyses, and assist in coordination with Caltrans District 3 and TRPA as needed. Results will be summarized in technical memoranda or written reports and may be presented to City Council or at public meetings upon request. All services will be performed on a time-and-materials basis, and only after receiving approval from the City of South Lake Tahoe Public Works Department.

Internally, we maintain strong quality control and supervision through organized task tracking, detailed plan reviews, and structured document management. The City Engineer will oversee all engineering tasks and deliverables, supported by our Project Administrator, Sanda Iancu, who will track assignments, coordinate subconsultants, and monitor billing milestones. All technical submittals will be reviewed internally to ensure consistency with City standards and contract requirements. Communication with City staff will be clear and proactive, with availability adjusted to meet the City's project schedules. Our work plan ensures that each assignment receives the technical attention, administrative oversight, and responsiveness needed for successful delivery.

Optional Support Capacity
While the City has indicated that design services and document production are not expected as part of this contract, Lefrancois Engineering maintains the capability to prepare design documentation, CAD drawings and ArcGIS mapping when needed. In addition, we maintain a trusted network of subconsultants who can provide specialized services such as environmental review, technical studies, surveying, and geotechnical engineering. These resources allow us to adapt to a wide range of project needs while maintaining quality and responsiveness.
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F. PROJECT BUDGET
Lefrancois Engineering is committed to providing highly responsive, technically proficient services to the City of South Lake Tahoe.

Staffing Plan Overview
The following table outlines the proposed staffing structure, all-inclusive hourly rates, overtime rates, and estimated weekly hours based on anticipated demand under this on-call contract.

Lefrancois
Engineering Role (Lead) Hourly Rate Overtime Rate
Average Est.

Weekly Hours
Michael Lefrancois,
P.E. City Engineer $255.00 $382.50 14 hrs*
Sanda Iancu Project Coordinator $110.00 $165.00 6 hrs
Support Engineering Field / Utility Support $110.00 $165.00 As needed LSC Transportation
Consultants, Inc.

Role
(Subconsultant) Hourly Rate** Overtime Rate
Average Est.

Weekly Hours
Bill Suen, P.E. Designated Traffic
Engineer 213.00 319.50 4-6 hrs
Leslie Suen, P.E. Principal Engineer 287.00 430.50 As needed Sierra Brown, P.E. Senior Engineer 194.00 291.00 As needed Support Staff Engineer 168.00 252.00 As needed
Support Staff Traffic Count Tech 85.00 127.50 As needed Support Staff Administrative 92.00 138.00 As needed
All rates are fully burdened and include labor, benefits, overhead, insurance, and routine travel.

Overtime is only billed with prior written approval from the City. *Costs are estimated based on anticipated deliverables required for CIP and other projects outlined in the Scope of Work and may vary depending on project type, phase, and complexity.

Given that each project will differ in scope and timing, we propose allocating approximately 14 hours per week based on typical CIP phase activity, as follows:
• ~4.0 hours for Planning
• ~4.0 hours for Design
• ~4.0 hours for Construction
• ~2.0 hours for Closeout
**A 10% administrative fee will be applied to all subconsultant invoices to cover coordination, contract management, and oversight provided by Lefrancois Engineering.

Staffing Notes & Cost Efficiency
• City Engineer Services hours estimated are for standard conditions, with the ability to scale up for CIP planning, emergency response, or plan review workload. • City Traffic Engineer Services will be provided on a responsive, on-call basis . • Support roles such as project coordination, and field inspections are billed at reduced hourly rates to provide cost-effective support while maintaining high service quality. 1674
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Billing Methodology
• All services will be invoiced monthly on a time-and-materials basis. • Detailed labor breakdowns will be included with each invoice, showing hours worked, roles, tasks performed, and hours categorized by assignment. • All invoices will be managed by Lefrancois Engineering; subconsultants will invoice our firm directly, and we will in turn invoice the City to ensure streamlined billing and contract administration.
• Invoices will include a brief written summary of accomplishments and a running balance against the not-to-exceed contract amount.

Contract Maximums:
• City Engineer Services: $250,000
• City Traffic Engineer Services: $50,000
We understand that these budgets are billed against only as services are rendered and are not fixed or minimum-value contracts.

G. DESCRIPTION OF RECENT PROJECTS/REFERENCES
Lefrancois Engineering

1. Lake Tahoe Unified School District – Measure U CIP Projects Client: Lake Tahoe Unified School District Role: Prime Consultant Scope: Lefrancois Engineering was recently selected as a preferred consultant to provide oncall civil engineering, surveying, and environmental services under its Measure U capital program. Anticipated scope includes site design, drainage, utility coordination, and permitting support for school modernization projects. Work involves coordination with the City, TRPA, Lahontan, and El Dorado County, and reflects our ability to deliver responsive, task-order-based services in a multi-agency environment.

Contact: Jamie Brown, DBIA, Senior Project Manager, Cumming Group Phone & Email: (916) 660-9030, [email protected]

2. Incline Village Roundabout Renovations and Utilities Feasibility Study – IVCBA Client:

Incline Village Crystal Bay Business Association (IVCBA) Role: Prime Consultant Scope:

Lefrancois Engineering provided preliminary planning and conceptual design support for a proposed roundabout renovation at the intersection of State Route 28 and State Route 431 in Incline Village, Nevada. Work included early-stage design development, and coordination with IVCBA, Washoe County, and NDOT to enhance scenic improvements, landscaping and utilities at this key regional junction.

Contact: Linda Offerdahl, Executive Director, IVCBA
Phone & Email : (775) 771-5856, [email protected]
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3. City of Fernley, Nevada – On-Call Plan Review Services Client: City of Fernley Role: Consultant
Scope: Lefrancois Engineering was selected to provide on-call civil plan review services for the City of Fernley. Our work supports City staff through the review of grading, utility, and roadway improvement plans for both municipal and private development projects. Responsibilities include coordination with applicants and staff to ensure compliance with Public Works standards as well as applicable state and federal regulations.

Contact: Benjamin Ferido, Project Manager, City of Fernley Phone & Email: (775) 784-9918, [email protected] LSC Transportation Consultants, Inc.

1. Town of Truckee – On-Call Traffic Engineering Services Client: Town of Truckee Role: On-Call Traffic Engineer
Scope: Provided ongoing traffic engineering and transportation planning services, including:
traffic data collection, intersection evaluations, safety studies, peer review of development impact analyses, preliminary roundabout designs, recreational parking access studies, TransCAD model updates, and VMT/impact fee policy development.

Contact: Becky Bucar, Public Works Director and Town Engineer Phone & Email: (530) 582-2932, [email protected] Address: 10183 Truckee Airport Road, Truckee, CA 96161

2. City of South Lake Tahoe – Pioneer Trail ATP Pedestrian and Bicycle Counts Client: City of South Lake Tahoe Role: Subconsultant – Traffic Data Collection Scope: Collected pedestrian and bicycle counts to support Active Transportation Program (ATP) pre-construction baseline requirements. Volume data was collected and reported in compliance with ATP grant guidelines.

Contact: Stephen Anderjack, Project Manager / Associate Engineer Phone & Email: (530) 542-6033, [email protected]
Address: 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150

3. Inyo County – Local Roads Safety Plan and Planning Assistance Client: Inyo County Public Works Role: Traffic Engineer and Transportation Planner Scope: Prepared the Local Roads Safety Plan (LRSP), identifying high-risk roadway segments and supporting successful applications for two Highway Safety Improvement Program (HSIP) grants. Currently provides on-call traffic engineering support and planning services to Inyo County.

Contact: Justin Kokx, Transportation Planner
Phone & Email: (760) 878-0202, [email protected]
Address: 168 N. Edwards Street, Independence, CA 93526
H. APPENDIX/RESUME
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Lefrancois Engineering
Education
BS, Civil Engineering, University of Vermont
Registrations and Certifications
Engineer – Civil, NV #20115 Professional
Engineer – Civil, CA #64162 Professional
California QSP/QSD #843
Affiliations
Order of the Engineer
American Public Works Association
American Society of Civil Engineers
Tahoe Nordic Search and Rescue-2000 (Current
Member)
Incline Village/Crystal Bay Citizens Advisory Board
2019-2021
IVGID – Capital Improvement Committee – 2024

MICHAEL LEFRANCOIS, PE
Michael has over two decades of
experience in the Lake Tahoe area,
encompassing both the Public and
Private sectors. His expertise spans
various facets, including water
resources, data collection, ArcGIS,
asset management, design,
engineering, environmental
processing, permitting, estimating,
bidding, and construction oversight.

Project work includes administration
of USFS-funded improvements and
related project reporting. Michael
has demonstrated success in project
management for public works and
community service projects. He is
adept at developing plans, reviewing
technical reports, engineering
designs, specifications, and
construction document packages in
collaboration with consultant teams.

Furthermore, Michael has a track
record of collaborating with public
boards, representing clients, and
engaging with State and local
agencies during meetings.

Representative Projects
Community Services Projects, Incline Village General Improvement District, NV (IVGID) Successfully managed various capital projects District-wide including beaches, golf, ski area, ballfields, and parks. Prepared budgetary estimates in support of capital plans and monitored budgets during project delivery. Procured district-wide pavement studies and executed pavement management program. Designed site plans and documents for bidding. Projects include beach safety improvements; clubhouse renovations, swimming pools, backflow improvements, ADA improvements; golf cart path systems, bocce ball courts, multipurpose trails, ballfield renovations, evaluations and TRPA permitting. Also provided supporting documents for Ski Area Master Plan, Federal Lands bills and administration office space evaluations.

STPUD Bijou 1 Water Line Replacement Project, STPUD, South Lake Tahoe, CA Procured field and drone survey by Dundas Geomatics for street network impacted by the work.

Key Team Member Resumes
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Managed the design and estimate for 6,200 linear feet of water line in South Tahoe Public Utility District’s Deer Park neighborhood through 90% construction documents. These improvementswill improve water system reliability and fire flow. Work area includes several neighborhood streets and affects approximately 150 water service connections.

IVGID Roadway Asset Management, Incline Village, NV
Developed GIS mapping for existing roadway systems serving over 1,500 acres of open space, ski area and utility facilities. Oversaw IVGID’s pavement management program and maintenance activities for forest road maintenance activities. Prepared construction drawings and bidding documents for related road restoration and repair projects.

Homewood Ski Resort – Phase 1B Project, JMA Ventures, LLC, Homewood, CA Managed civil engineering design for residential condominium units and related water supply assessment as part of the Homewood Ski Resort redevelopment project. Supported Dundas Geomatics in Final Map process. Improvementsinclude an aerial fire accessroad, pedestrian plaza, underground parking garage with perimeter drain system, improvements to County roads, utility design and relocations, stormwater best management practices, and high groundwater interception and reinfiltration facilities. Work included utility investigations, hydrologic and hydraulic analysis, grading and drainage, plans, specifications, and estimates, obtaining Placer County, TCPUD, and North Tahoe Fire Protection District approvals, and development of a Storm Water Pollution Prevention Plan.

Multipurpose Trails, Tahoe City Public Utility District, Tahoe City, CA Prepared supporting documentation including plans and estimatesfor alternative analysesstudies for the Meeks Bay, Homewood, and Sunnyside area trail proposals. Included linear assessments Drafted exhibits and represented the District in public forums. Created construction documents and provided bidding support for the Upper Sequoia trail safety improvements on Caltrans Highway 89. Prepared permit plans for new trail construction along a scenic corridor within the Tahoe basin. Challenges included narrow right- of-way and implementation of a video actuated vehicle warning system. Performed Agency Processing through TRPA and Caltrans.

Town of Mammoth Lakes –– John Muir PSR
The scope of services entailed the preparation of a Project Study Report / Project Programming Request (PSR/PPR) to secure funding for future STIP cycles in accordance with California Local Assistance Procedures Manual requirements. This included designing and phasing construction for Upper and Lower John Muir Slope Protection, Upper and Lower John Muir Storm Drain, and Davison Road Storm Drain Projects, with exclusion of right-of-way acquisition appraisal but documentation of potential easement needs. The PSR/PPR encompassed tasks such as developing project background/description, recommendations, purpose and need statements, evaluating existing facilities and stormwater data, coordinating with town staff, exploring alternatives, summarizing community involvement, providing cost estimates for design and construction phases, conducting preliminary environmental assessments, identifying funding sources, outlining project schedules, suggesting phasing strategies, and reporting updates and revisions from previous project descriptions.
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Douglas County Staff Augmentation, Douglas County, NV
Provided on-call professional development engineering review services, which included review of improvement plans for land development projects in accordance with Douglas County Code, Douglas County Design Standards, Standard Specifications for Public Works Construction, and other standards and requirements. Projects included Tahoe South Event Center, Bently Malthouse, Minden Industrial Subdivision, various residential projects.

IVGID Water Main Replacement CIP, Incline Village, NV
For these USFS-funded projects managed scope, design, permitting, bidding and execution of several fire protection enhancement projects totaling $5.4M and 21,000 linear feet. Collaboration with Sierra Ecotone Solutions for Environmental Studies. Work included customer outreach, service line evaluation, pipe bursting, boring and sliplining with fusible PVC and HDPE.

Represented District as engineer, community liaison and managed third-party inspection.

Provided supporting documents for Federal Fire Flow Enhancement Grant applications, NEPA and SHPO review.

TMWA California Ave Water Main, Reno, NV
Served as technical lead during construction of this utility’s relocation project in support of Reno Consolidated roadway improvements. Participated in construction meetings, responded to RFI’s and advised junior staff on plan revisions.

Squaw Valley Ski Area, Squaw Valley Ski Corp., Olympic Valley, CA Under a Federal Mandate prepared Water Quality Improvement Plans (WQIP’s) for numerous non-compliant forest roads and erosion areas identified on the mountain. Conducted field work and documentation of site-specific constraints and prepared exhibits and details illustrating the necessary culvert, ditch and slope rehabilitation projects.

IVGID Effluent Export Pipeline , Incline Village, NV
Administered $500,000 non-destructive condition assessment contract for 6 miles of aging highpressure steel treated effluent pipeline. Managed $1.1M repair contract in State highway.

Prepared supporting documents and represented the District for pipeline conflicts and construction support during construction of the East Shore Trail.

Sugar Bowl Gondola-North Subdivision, Norden, CA
Developed construction documents for roadway rehabilitation and infrastructure. Processed approvals processing through Placer County. Work included grading, drainage, and infrastructure design for approximately 3,000 lf of roadway and 25 lots. High groundwater and sensitive wetlands in this area demanded alternative stormwater treatment methods which were successfully planned and permitted. A drainage study was prepared in accordance with the Placer County Storm Water Management Manual.

Northstar at Tahoe Ski Area Roads, DMB Highlands, Placer Co, CA Prepared construction drawings for Northstar-at-Tahoe’s Lookout Mountain including related roadway extensions, trail extensions and snowmaking infrastructure to extend to adjacent the 1679
Martis Camp neighborhood. The project involved extending the existing Lookout Mountain lift by 2,306 lineal feet, resulting in a total length of 5,128 feet and a vertical drop of 1,722 feet.

Additionally, four Lookout Mountain trails were extended, and a new intermediate trail was added to the east of the lift. The expansion encompassed 46 acres of ski trails and 35 acres of snowmaking coverage.

IVGID Sewer Rehabilitation CIP, Incline Village, NV
As part of an ongoing capital project managed condition assessment and rehabilitation contracts for collection system mains and manholes. Prepared bidding documents and construction contracts for sewer bypass and rehabilitation with CIPP. Tracked deficiencies through Nexgen work order system and ArcGIS.

Woodbridge at Portola Subdivision, Portola, CA
As part of a project team prepared water and wastewater infrastructure studies for this proposed residential project encompassing 400 acres and approximately 1000 dwelling units in the City of Portola, CA. Provided calculations and estimates for Tentative Map development including a water system master plan for storage reservoirs, pumping and distribution. Work included hydraulic modeling with WaterCAD.

The Boulders at Truckee Subdivision, DMG Development, Truckee CA Recently provided civil site plans for expanded development within this 18-acre phased residential project. Work included team collaboration with project architect and developer, grading and drainage improvements, roadway and parking plans. Prepared tentative maps and preliminary grading, drainage and utilities plans for early phases of development. Prepared Town of Truckee documents for Improvement Plans and final approvals. Provided engineering assistance with project cost estimating, bidding, and construction.

Tahoe City Marina Improvements, Tahoe City Marina, Tahoe City, CA Collaborated with multiple design teams on several concurrent master plan projects including a parking garage, TCPUD pump station, marina expansion, multipurpose trail, and stormwater BMP retrofitting. Work included alternative studies, cost tracking and outside agency permitting. He prepared planning and environmental review documents. Michael successfully negotiated a costreducing stormwater treatment strategy TRPA. He prepared construction documents for related improvements including water mains, fire protection, forced main sewer, stormwater pump station, grading, drainage, parking, circulation, and erosion controls.

Road assessment and Engineering Services (2024), Great Basin Institute Lefrancois Engineering is amid this extensive road assessment Project including data collection, survey and construction drawings for 700 miles of fire impacted forest roads. Work includes rigorous adherence to federal contracting protocols, problem solving and robust project management. Regular stakeholder coordination ensures alignment with project goals. Detailed field assessments using GPS and GIS technology will inform the initial deliverables. 1680
Lefrancois Engineering
Education
BS, Biochemical
Engineering, Babes-Bolyai
University, Romania
Languages
English, Spanish, Romanian
Certifications
QuickBooks Online
ProAdvisor
Affiliations
American Institute of Professional Bookkeepers

SANDA IANCU, BS
Sanda has over 18 years of
experience in the Tahoe
Basin, she has cultivated a
diverse skill set that enriches
the civil engineering firm's
capabilities beyond traditional
engineering tasks. Her
background spans
engineering, banking,
accounting, water leak
detection, and property
management, providing
valuable insights and
expertise across various
domains.

Representative Projects
Caldor Fire Road Restoration Project
As a Project Coordinator, she oversees client communication, coordinating meetings, and ensuring all necessary information requests are satisfied. She meticulously organizes client files, compiles detailed reports, and handles administrative tasks.

Lake Country Estates, HOA, Incline Village, NV
In the role of Planner, facilitated meetings with board members and conducted site investigations.

Organized and evaluated historical property records provided by homeowners and established cooperation with property management companies for efficient document retrieval. Conducted thorough research on TRPA and Washoe County grading project requirements and gathered all necessary documents to assemble the Grading project application packet Incline Village Skatepark, Spohn Ranch Skateparks
As a Planner, provided support to the civil engineering services necessary to develop 30% schematic documents for two alternative designs, with approximate improvement areas of 2,000 SF ± and 3,000 SF, respectively. Work is conducted in strict accordance with the directives and design standards set forth by the Incline Village General Improvement board (IVGID). Design services encompass a thorough evaluation of the site and design criteria documents, allowing us to provide accurate preliminary schedules and estimates. Supporting initial studies on stormwater analysis, parking and land coverage.

CalNeva Resort, Crystal Bay, NV
1681
As a Planner, contributed to peer review of this project. The 13-acre Cal Neva resort is set to undergo extensive renovation, encompassing the rehabilitation of existing structures, the construction of new buildings, and various site improvements. Currently in an agency review process, the project is expected to commence construction in 2024. Lefrancois Engineering conducted a peer review of the construction drawings.

Stateline Residence, 705 Gary Lane, Stateline, NV
As a Planner, took charge of client communication, ensuring all necessary information was collected to draft comprehensive scopes of work. Meticulously organized client files and compiled detailed reports of billable time, and efficiently generated invoices, facilitating smooth payment processing.

Marques Remodel, Incline Village, NV
As a planner, collaborating closely with Holm Construction, ensured the project alignment and offered construction observations as needed
Prior Professional Experience
SubSurface Locators Inc. - Operations & Office Manager, Incline Village, NV, 11/2017 - 09/2023 • Established effective relationships with vendors to negotiate pricing and secure materials needed for production
• Performed cost analysis for various projects to determine budget requirements. • Maintained accurate inventory records to track stock levels and minimize costs. • Prepared monthly, quarterly, and annual financial statements in accordance with generally accepted accounting principles.
• Monitored cash flow, prepared bank reconciliations, and managed accounts payable and receivable functions.
• Analyzed data from daily reports to identify trends in sales performance metrics. • Spearheaded the sale of the business and transfer off all assets and properties Incline Property Management - Accounting Specialist, Incline Village, NV, 02/2015 - 11/2016 • Reviewed, processed and reconciled accounts payable invoices and payments. • Processed payments, refunds and adjustments to customer accounts. • Collaborated with property managers to ensure accuracy of billing information provided by customers.

Wells Fargo Bank - Service Manager, Incline Village, NV, 03/2009 - 03/2014 • Developed and maintained relationships with customers, vendors, and suppliers. • Managed service staff to ensure customer satisfaction and compliance with company policies and with applicable laws and regulations. • Monitored service performance metrics to identify areas of improvement. 1682
Bill Suen, PE
Senior Engineer
Education
Bachelor of Science in
Mechanical
Engineering,
California Polytechnic
State University, San
Luis Obispo
Professional
Registrations
Registered Professional
Engineer (Traffic)
in California -TR 3038
Professional
Memberships
Institute of
Transportation
Engineers (ITE)

PROJECT EXPERIENCE
Bill Suen is a Transportation Engineer in the Tahoe City, California office.

Since joining the firm in 2006, Bill has worked on a variety of public and private traffic engineering projects. He has worked on traffic impact studies in Douglas County, Calaveras County, Inyo County, El Dorado County, Nevada County, and Placer County in California as well as in the states of Nevada and Colorado. These analyses included the evaluation of existing traffic operations, level of service, intersection performance and improvement mitigation measures, parking demand, accident data evaluations, parking studies, traffic calming measures, signal and pedestrian crossing warrants, and school circulation and safety improvement studies.

As part of this work, Bill has become skilled in the implementation of a variety of traffic analysis software such as Traffix, Highplan, SIDRA, Highway Capacity Software, and Synchro/Sim Traffic.

Bill has worked many projects in the Tahoe Basin including analysis of vehicle miles traveled (VMT) for Tahoe Regional Planning Agency (TRPA) for both residential and commercial developments such as the Boatworks Redevelopment project in Tahoe City, traffic and parking studies for mixeduse developments such as the Bijou Park and the old Colony Inn in South Lake Tahoe. Bill has managed large traffic data collection project for the Town of Truckee, South Lake Tahoe, and TRPA.

Bill’s transportation work experience also includes transit and planning projects in Clear Lake, CA, Mt Shasta, CA, Yuba City, CA Woodland, CA and Inyo County, CA. These projects involve transit stop assessment, roadway network evaluation, downtown core one-way conversion, and local roads safety plans.

Previously, Bill worked as a mechanical engineer in the biomedical and aerospace industry. His work as a laser applications engineer involved the development and production of nickel titanium medical devices including arterial stents. He worked for Boeing as an analyst for the International Space Station Program.
1683
Leslie Suen, PE
Principal

EXPERIENCE
Leslie Suen is the principal of the engineering team at the Tahoe City, California office. Since joining LSC Transportation Consultants, Inc. as a Transportation Engineer in 2006, Leslie has worked on a wide variety of public and private traffic and transportation engineering studies in California, Idaho, Nevada, and Colorado. These studies include the evaluation of existing traffic operations analyses, trip generation estimates, accident data evaluations, parking studies, traffic calming measures, bicycle and pedestrian access, and signal warrants. She has employed a variety of traffic analysis software, including Traffix, Highway Capacity Software (HCS), SIDRA, TransCAD, Synchro, and AutoTurn. Leslie is the primary transportation modeler of LSC’s Tahoe office and in this role, she maintains the TransCAD models for the Town of Truckee. She has been a project manager in the Tahoe City office since 2016.

Leslie has managed many projects in the Tahoe Basin including analysis for Incline Village General Improvement District (IVGID) on pipeline replacement traffic control on SR 28, vehicle miles traveled (VMT) for Tahoe Regional Planning Agency (TRPA) for both residential and commercial developments, parking studies for large mixed-use developments, a roadway lane reduction project to enhance bicycle and pedestrian access on Lake Tahoe Boulevard, traffic impact analysis (TIA) for several residential and commercial developments. Leslie has worked with many of the different public agencies in the Tahoe Basin including TRPA, IVGID, Placer County, Washoe County, and the City of South Lake Tahoe.

Leslie also has substantial experience with the following:
• Analysis of traffic operations and level of service
• Bicycle facility design and bicycle safety programs
• Evaluation of traffic accident data
• Signal warrant analysis
• CEQA/NEPA environmental transportation analysis
• Environment Impact Reports (EIR) for general plans and circulation elements
• Traffic Impact Fee analysis
• Synchro/Simtraffic analysis and traffic simulation
• Traffic impact analyses that include trip generation, and Highway Capacity Software analyses
Education
Bachelor of Science in
Environmental
Engineering,
California Polytechnic
State University, San Luis
Obispo
Professional
Registrations
Registered Professional
Engineer (Traffic)
in California
Professional
Memberships
Institute of
Transportation
Engineers (ITE)
1684
Sierra Brown, PE
Senior Engineer

PROJECT EXPERIENCE
Sierra Brown is a senior engineer in LSC Transportation Consultants’ Tahoe City, California office. She is the primary Synchro/SimTraffic modeler in the Tahoe City, California office.

Sierra also has experience with the following:
• Analysis of traffic operations and level of service
• Evaluation of traffic accident data
• Signal warrant analysis
• Traffic impact analyses that include trip generation, Traffix, and Highway Capacity Software analyses
• Vehicle-Miles of Travel (VMT) analysis
• Evacuation Analysis
• Parking Analysis
Since joining LSC Transportation Consultants, Inc. as an Engineer in 2020, Sierra has worked on a wide variety of traffic and transportation engineering studies in California, Nevada, and Colorado. These studies include the evaluation of existing traffic operations analyses, trip generation estimates, accident data evaluations, parking studies, traffic calming measures, and signal warrants. She has employed a variety of traffic analysis software, including Traffix, Highway Capacity Software, SIDRA, Synchro, Vistro, and StreetLight Data. She became a project manager in the Tahoe City office starting in 2024.

Sierra has worked many projects in the Tahoe Basin including analysis of vehicle miles traveled (VMT) for Tahoe Regional Planning Agency (TRPA) for both residential and commercial developments such as the Barton Hospital Relocation in South Lake Tahoe, parking studies for large mixeduse developments such as the CalNeva, traffic impact analysis (TIA) for several residential and commercial developments such as the Dollar Creek Crossing development and the Latitude 39 Hotel and has assisted with TIAs for large mixed-use developments such as the studies for Boulder Bay/WALT and the CalNeva.

Sierra’s previous experience included three years in geotechnical engineering. Her responsibilities included retaining wall design, structural design, writing geotechnical engineering reports, reviewing engineering calculations, and reviewing compliance to technical specifications. Sierra also has experience with modeling in AutoCAD Civil 3D.

Education
Bachelor of Science in
Civil Engineering,
University of the
Pacific, Stockton,
California
Certificates
Registered
Professional Engineer
in California, Nevada,
and Colorado
Professional
Memberships
Institute of
Transportation
Engineers (ITE)
1685

EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
1686
BUDGET
City Engineering Services (not to exceed) $250,000.00
City Traffic Engineering Services (not to exceed) $50,000.00 Total (not to exceed) $300,000.00

TIMELINE
Work will be begin from date of contract execution to September 30, 2026.

1687

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:

Michael Lefrancois, Principal
By:________________________________________
1688
Resolution 2025-XXX August 12, 2025 Page 1 of 2
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
August 12, 2025
Delegating Authority to Lefrancois Engineering and LSC Transportation Consultants Inc. to Act as the City of South Lake Tahoe City Engineer & Traffic Engineer, and Appropriating $300,000 from General Fund Undesignated Excess Reserves for Related Agreement

BACKGROUND
A. California Business and Professions Code sections 6700-6799, known as the California Professional Engineers Act, dictates that In order to safeguard life, health, property and public welfare, any person, either in a public or private capacity, except as in this chapter specifically excepted, who practices, or offers to practice, civil engineering, electrical engineering or mechanical engineering, in any of its branches in this state, including any person employed by the State of California, or any city, county, or city and county, who practices engineering, shall submit evidence that he or she is qualified to practice, and shall be licensed accordingly as a civil engineer, electrical engineer or mechanical engineer by the board.

B. The City practices civil engineering as an essential function of Public Works. The City does not currently have a City Engineer position among the existing Engineering Division Staff. The current public works director appointed City Engineer is departing the city on August 15th, 2025.

C. Based on the CIP projects underway, and upcoming projects including those not listed on the CIP, in addition to the necessary functions of a City Engineer, the estimated expenses for City contract Engineer is $250,000 for Fiscal Years 2024-2025, and 2025-2026 D. The City of South Lake Tahoe (City) Code, Chapter 4.25, Motor Vehicles and Traffic delegates to the City Traffic Engineer, authority to install regulatory traffic signs within the public right-of-way.

E. The City does not have a registered traffic engineer among the existing Engineering Division staff. The current public works director appointed City Traffic Engineer is departing the city on August 15th, 2025.

F. Based on the current traffic safety studies underway, and projected citizen requests, the estimated expenses for City contract Traffic Engineer is $50,000 for Fiscal Years 2024-2025, and 2025-2026.

G. Lefrancois Engineering, a engineering consulting firm, has professional engineering staff consisting of State of California licensed professional engineers. Lefrancois will also execute a contract with LSC Transportation Consultants Inc., who has professional engineering staff consisting of State of California licensed traffic engineers.

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

1. The City Council delegates the authority to act as the City of South Lake Tahoe City Engineer to Michael Lefrancois, PE, Principal of Lefrancois Engineering, for the purpose of fulfilling California Business and Professions Code for City Engineer and person in responsible charge. 1689
Resolution 2025-XXX August 12, 2025 Page 2 of 2

2. City Engineering Services shall be performed for the City by Michael Lefrancois, PE, on an on-call basis at the direction of the Department of Public Works.

3. The City Council delegates the authority to act as the City of South Lake Tahoe Traffic Engineer to Bill Suen, PE (Traffic), an employee of LSC Transportation Consultants Inc., for the purpose of fulfilling City Code requirements of a City Traffic Engineer.

4. Traffic Engineering Services shall be performed for the City by Bill Suen, PE (Traffic), on an on-call basis at the direction of the Department of Public Works.

5. Compensation to Lefrancois Engineering and their subconsultant LSC Transportation Consulting Inc., is administered by a professional services agreement between Lefrancois Engineering and the City at specified hourly rates provided in an amount not to exceed $300,000.

6. The City Council appropriates $300,000 from the City’s General Fund Undesignated Excess Reserve to the Department of Public Works, Engineering Division Contract Services budget (100- 03210-42025) to fund the services of City contract Engineering & Traffic Engineering Services.

Adopted by the City of South Lake Tahoe City Council on August 12, 2025 by the following vote:

Yes:

No:

Absent:

Abstain:
___________________________ Date:___________
Cody Bass, Mayor Pro Tem
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
1690
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 12, 2025
Agenda Item #:18
Agenda Item: Agenda Planning Calendar
Requested Action / Suggested Motions: Identify, with consent of at least two Council Members, any desired future agenda items, and/or modify the Agenda Planning Calendar as desired.

Responsible Staff Member: Joseph Irvin, City Manager, and Susan Blankenship, City Clerk Attachments:

APC - 08 07 2025.pdf
1691
2025 Agenda Planning Calendar (Updated 08 07 2025)
Agenda Item Agenda Section
Aug. 26, 9:00 a.m. Budget Workshop NB
City Manager South Tahoe Transit JPA Discussion NB
HR Employee Vacancies, Recruitment and Retention Report PH Sep.9, 9 a.m. City Clerk League Annual Conference Voting Deligate and Alternate Selection NB City Manager Economic Development "BRE" Program Update NB Cannabis Tax Rate UB
Cannabis Grant Award Recommendation UB
Development Commodity Policy Amendments NB
CM/CA Report on VHR Permitting NB
Dev Services Pay for Success Agreement Tahoe Coalition for the Homeless UB Emergency Shelter and Warm Room Discussion NB
Mid-Town Area Plan Draft Presentation and Implementation Discussion NB Finance Quarterly Budget & Financial Status Report as of June 2025 Consent Investment Portfolio Report as of June 2025 Consent
Department
1692
2025 Agenda Planning Calendar (Updated 08 07 2025)
Investment Policy Update Consent
Fire Contract Award for SNPLMNA hazardous fuels reduction project Consent Parks & Rec New Rec Center Donor Tiles Sponsorships Consent Accept Donation from STPF & Award Batting Cages Contract Consent Award Exercise Equipment Contract for New Rec Center Consent Rec Center Boo Bash Event Fee Waiver Consent
PW/CA 2025 FAA AIP Grant Agreement Consent
Public Works Additional contingency for Rockwood to Blackwood Drainage Improvements Consent Contract Amendment with JKAE for Rec Center Consent
Grant Fund Authorization for TRPA bi-annual distribution Consent Caltrans Easement Consent
Caltrans Signal Agreement Consent
Sep. 23, 5:30 p.m. City Manager Legislative Agenda NB
SB 125 Funding Request for EV Charging Station NB
SSTMA Funding Agreement NB
City Attorney Participation in Opioid Settlements Consent 1693
2025 Agenda Planning Calendar (Updated 08 07 2025)
Finance Draft User Fee Study Presentation NB
Public Works Award Grant Writing Services for CIP Projects Consent Award Contract for Hwy 50 Corridor Study NB
Award for Labor Compliance Services Consent
Award Material Testing Contract Consent
Snow Removal Contract Amendment Consent
Janitorial Contract Amendment Consent
Oct. 21, 5:30 p.m. City Clerk Pet Wellness Awareness Month (Humane Society, Erin Ellis) Proclamation Record Retention Policy Update Consent
CM/CC City Commission Rolls NB
City Manager Follow up report from RSG, Inc. on economic development of Chateau UB Dev Services 2025 California Building Standards Code Adoption (First Reading) NB Finance GAAN Limit Consent
Fiscal Year 2024-2025 Budgeted Funds Re-Appropriation Consent Nov. 4, 9 a.m. City Clerk City Seal Alteration NB
City Council Representative Reports to Council NB
1694
2025 Agenda Planning Calendar (Updated 08 07 2025)
City Attorney Ethics Policy Revisions Consent
City Manager Margaritaville Timeshare + Condo Opportunities NB Dev Services 2025 California Building Standards Code Adoption (Second Reading) Consent PC/APLUC/BBOA Annual Report NB
Finance Independent Citizen's Oversight Committee Annual Report (Measure P) Consent TID Annual Report NB
Parks & Rec P&R, ACT Annual Reports Consent
Police PAC Annual Report Consent
2025 Update to Parking Fees in the Bellamy Parking Garage Consent PD/CA SMD Ordinance (First Reading) Ordinance
Public Works Facilities Condition Assessment Report NB
Award of PD Roof Replacement Consent
Nov. 18, 5:30 p.m. City Clerk 2026 City Council Meeting Schedule NB Parks & Rec Future of the Senior Center NB
PD/CA SMD Ordinance (Second Reading) Ordinance
Dec 9, 5:30 p.m. City Clerk City Council Protocols Update NB 1695
2025 Agenda Planning Calendar (Updated 08 07 2025)
Finance Annual ROPS Approval Consent
Quarterly & Financial Status Report as of September 2025 Consent Investment Portfolio Report as of September 2025 Consent CA/DS Discussion: City Requirement to Replace Housing Units within the City City Clerk Pride Resolution Update
City Manager Grants/Funding for Undergrounding Utilities Dev Services Res. Area Plan to Accommodate SB9 and Remove Tourist Accomodation Competative PHLA Budget Appropriation and Loan Agreement Discussion: Second Home Cap/Permit Options
Regional Housing Policy Subcommittee
Finance Disolution STJPPFA
Fire
Parks & Rec Events and Facitilies Naming Rights Discussion Police Barton Community Health Needs and Harm Reduction Update Police/PW Bike Paths, Bike Parking, Vehicle Parking
Unscheduled/Pending
1696
2025 Agenda Planning Calendar (Updated 08 07 2025)
Public Works Geothermal Use Discussion Item
Award James-Eloise Drainage Upgrade
TTD US 50 Plans Presentation
Award Lakeview and Ski Run Electrical Upgrades
Award PS&E for Sugar Pine Bike Path Project
1697
Ingram Micro Public Sector LLC -
OMNIA Participating Dealer Agreement v11022022 Page | 1

PARTICIPATING DEALER AGREEMENT
Ingram Micro Public Sector OMNIA Partners Contract
Agreement Number PDA: OMNIA - Effective Date:

This Participating Dealer Agreement (including all addenda attached hereto or executed in connection herewith, this “Agreement”) is made and entered into as of the date indicated by and between Ingram Micro Public Sector LLC (“Ingram Micro Public Sector”), an Indiana limited liability company, located at 10900 Pump House Road, Suite B, Annapolis Junction, MD 20701 and ________________________________ (“Participating Dealer”), a ______________ corporation, located at ________________________________________________(each a “Party” and collectively the “Parties”).

Whereas, Participating Dealer is providing support and generating sales interest in various products and product enabling services (collectively the “Products”) listed on Ingram Micro Public Sector’s OMNIA Contract Number R220802 (“Ingram Micro Public Sector Contract”) to authorized customers; Whereas, Ingram Micro Public Sector offers products and related services, manufactured by third parties, to Government agencies through the Ingram Micro Public Sector Contract.

Whereas, in connection with its support and sales generation, Participating Dealer is authorized to participate under the Ingram Micro Public Sector Contract and resell some or all of the Products within a specified territory.

Now therefore, in consideration of the mutual covenants and promises stated herein and in accordance with the terms and conditions of this Agreement and all Addenda hereto, the parties agree as follows:

1. Scope

1.1 Ingram Micro Public Sector authorizes Participating Dealer to participate under the Ingram Micro Public Sector Contract in accordance with the Ingram Micro Public Sector Contract requirements and any documents or notices that may be provided during the term of the Agreement.

1.2 Participating Dealer’s sale of Products referencing an Ingram Micro Public Sector Contract vehicle, without authorization by Ingram Micro Public Sector is prohibited and considered an illegal order against the related contract vehicle.

1.3 Nothing in this Agreement will be construed to extend to Participating Dealer the right to resell any Product in any territory beyond those authorized by the manufacturer.

1.4 Under the Ingram Micro Public Sector Contract, manufacturers that are partnered with Ingram Micro Public Sector may require Participating Dealer to meet and/or maintain specific requirements for participation. In such cases, this Agreement will only be effective while Participating Dealer remains authorized by the manufacturer and in good standing and compliant with all terms and conditions so required by the manufacturer.

1.5 Participating Dealer agrees that nothing in a contract vehicle, this Agreement, or any Ingram Micro Public Sector Contract document may be used to establish privity of contract between Participating Dealer and any government customer or entity, or any non-governmental entity entitled to purchase under the Ingram Micro Public Sector Contract.

2. Requirements

2.1 Participating Dealer can quote manufacturers’ products listed on the Ingram Micro Public Sector Contract for which Participating Dealer is authorized by the manufacturer/software vendors and Ingram Micro Public Sector / Ingram Micro Inc. to sell. Participating Dealer will be responsible for all Contract Administration Fees (CAF) on sales. Participating Dealer is authorized to discount pricing.

2.2 All Participating Dealer OMNIA quotes to government customers and purchase orders received by Participating Dealer from government customers shall be subject to the terms and conditions of the Ingram Micro Public Sector Contract’s then-current contract terms and pricing.

2.3 Participating Dealer quotes to government customers and purchase orders received by Participating Dealer from government customers shall not exceed the Ingram Micro Public Sector Contract prices current at the time the order is received.

Docusign Envelope ID: 7D9C6FAD-168E-4C96-9414-1F38D21A5334 Cadence team inc 9100 seavey lane loomis ca 95650
Cadence team inc
2024-Nov-20
1165698
Ingram Micro Public Sector LLC -
OMNIA Participating Dealer Agreement v11022022 Page | 2

2.4 Pursuant to this Agreement, Participating Dealer will be authorized as a “Participating Dealer” on the Ingram Micro Public Sector Contract by modification. Notwithstanding this status, Participating Dealer is only authorized to sell products that are approved on the Ingram Micro Public Sector contract by Region 4 ECS.

2.5 Participating Dealer is not authorized under this Agreement to team with any third party or authorize any third party to submit a quotation or accept an order referencing the Ingram Micro Public Sector Contract.

2.6 Participating Dealer must demonstrate to Ingram Micro Public Sector an ability to track and agree to report all necessary information regarding activities contemplated under the Ingram Micro Public Sector Contract.

Information to be tracked and reported upon is detailed on the OMNIA Sales Reporting Addendum attached hereto.

2.7 Participating Dealer shall: (1) Comply with the same terms and conditions regarding prices as Ingram Micro Public Sector for sales made under the Ingram Micro Public Sector Contract; (2) Maintain a system of reporting sales under the Ingram Micro Public Sector Contract which includes: (i) The date of sale; (ii) The ordering activity to which the sale was made; (iii) The service or product/model sold; (iv) The quantity of each service or product/model sold; (v) The price at which it was sold, including discounts; and (vi) All other significant sales data; (3) Be subject to audit by the Government, with respect to sales made under the Ingram Micro Public Sector Contract; and (4) Place orders and accept payments in the name of Ingram Micro Public Sector in care of the dealer. To carry out the obligations set forth in this paragraph, Participating Dealer shall utilize the ordering and billing addresses provided in the OMNIA Reseller Registration Form.

2.8 Participating Dealer will accept orders, invoice and accept payment from government agencies in the name of Ingram Micro Public Sector for the Products. Such orders shall be considered Ingram Micro Public Sector orders under the Ingram Micro Public Sector Contract and shall be recorded and reported as such in accordance with the procedures defined in this Agreement.

2.9 Participating Dealer shall maintain a system and prepare accurate and timely reports of sales made under the Ingram Micro Public Sector Contract that includes all data elements of the Sales Report defined in the OMNIA Sales Reporting Addendum.

Notwithstanding any other provision of this Agreement, Participating Dealer’s failure to comply with the reporting obligations set forth in such OMNIA Sales Reporting Addendum (“Reporting Noncompliance”) shall entitle Ingram Micro Public Sector to take the following actions:

2.9.1 In the case of the first Reporting Noncompliance, Ingram Micro Public Sector may issue to Participating Dealer a notice regarding such Reporting Noncompliance.

2.9.2 In the case of any Reporting Noncompliance after the first instance thereof, Ingram Micro Public Sector may, at its sole discretion, suspend or terminate Participating Dealer’s participation as a dealer in connection with the Ingram Micro Public Sector Contract; provided, however, that Ingram Micro Public Sector may, at its sole discretion, subsequently permit Participating Dealer to participate as a Dealer in the event that the Participating Dealer can, within thirty (30) days of such Reporting Noncompliance and to Ingram Micro Public Sector’s reasonable satisfaction, cure those deficiencies which gave rise to the Reporting Noncompliance.

2.10 Participating Dealer agrees that all sales referencing the Ingram Micro Public Sector Contract will be considered subject to this Agreement and will be included in all reports required herein.

2.11 Ingram Micro Public Sector will review all sales reported pursuant to this Agreement for discrepancies and will detail such discrepancies to Participating Dealer. Participating Dealer will have 30 days to resolve all outstanding discrepancies or will be found to be in material default of this Agreement.

2.12 Authority. For some manufacturers, Participating Dealer’s authorization and/or certification to sell the manufacturer’s products and/or services within a territory may be defined and subject to Participating Dealer’s independent reseller agreement with the manufacturer. Nothing herein should be construed to expand Participating Dealer’s product authorization or territory beyond that defined in Participating Dealer’s agreement with the manufacturer or Ingram Micro Public Sector.

2.13 Contract Administrative Fee. Participating Dealer is required to remit to Ingram Micro Public Sector a contract administration fee for each sale of an item or service on the Ingram Micro Public Sector Contract in connection with this Agreement. Participating Dealer will be invoiced per the OMNIA Sales Reporting Addendum.

2.14 Sourcing/Order Fulfillment. Participating Dealer shall fulfill orders for the manufacturer products and services on the Ingram Micro Public Sector Contract, through Ingram Micro Public Sector or its Parent Company (Ingram Micro If Participating Dealer fails to comply with the Participating Dealer Fulfillment Requirement for Docusign Envelope ID: 7D9C6FAD-168E-4C96-9414-1F38D21A5334 1166699
Ingram Micro Public Sector LLC -
OMNIA Participating Dealer Agreement v11022022 Page | 3 any order it receives (“Contract Order”) in connection with the Ingram Micro Public Sector Contract, Participating Dealer shall be required to pay Ingram Micro Public Sector a fee equal to five (5) percent of the total price set forth in such Contract Order and pay the contract administration fee.

2.15 Compensation. Participating Dealer acknowledges that the compensation by Ingram Micro Public Sector to Participating Dealer for all orders accepted and invoiced by Ingram Micro Public Sector will be derived solely from Participating Dealer’s purchase price and related charges including but not limited to (contract administration fee and Shipping fees) and the OMNIA Price quoted/sold to the customer unless otherwise agreed to in writing by Ingram Micro Public Sector.

3. Annual Review

3.1 Participating Dealer agrees to permit Ingram Micro Public Sector, upon thirty (30) days’ prior written notice, to conduct an annual review of its activities as they relate to this Agreement. The review shall focus on sales activities related to the Products. Information to be reviewed shall include, at a minimum, sales records, purchase orders, invoices, payment receipts, and related notes, emails or letters, and any information reasonably requested to verify the content of reports submitted in accordance with the OMNIA Sales Reporting Addendum. Any such annual review of Participating Dealer will be conducted by Ingram Micro Public Sector at its own expense and in a manner so as not to unreasonably interfere with Participating Dealer’s business.

3.2 In the event a discrepancy in reported sales is discovered during the course of an annual review, Ingram Micro Public Sector may require an additional review. Reviews beyond the annual review shall be performed at Participating Dealer’s expense and may include reasonable professional fees for objective third-party auditors, accountants or legal professionals.

4. Indemnification

4.1 Participating Dealer shall, at its sole expense, indemnify, defend and hold harmless Ingram Micro Public Sector, its suppliers and its parent, affiliates, shareholders, directors, officers, employees, contractors, agents and customers from any and all damages, losses, costs (including, but not limited to, reasonable attorney’s fees and costs) and claims based upon: (i) government audits, fines, litigation, debts, damages or penalties stemming from Participating Dealer’s failure to accurately or timely report sales to Ingram Micro Public Sector;(ii) Participating Dealer’s billing errors including charging prices in excess of those permitted under the relevant program or quote or billing inaccuracies; (iii) Participating Dealer’s representation of items being on Contract, which are not; or (iv) Participating Dealer’s activities related to the sale of the Products.

4.2 Ingram Micro Public Sector shall, at its sole expense, indemnify, defend and hold harmless Participating Dealer, its suppliers and its affiliates, shareholders, directors, officers, employees, contractors, agents and customers from any and all damages, losses, costs (including, but not limited to, reasonable attorney’s fees and costs) arising from third party claims based upon matters related to the proper maintenance of the Ingram Micro Public Sector Contract.

5. Term and Termination

5.1 The term of this Agreement shall be twelve (12) months from the date first written above and shall renew for subsequent twelve
(12) month periods unless written notice of non-renewal is provided no less than thirty (30) days before the expiry of the then-current term, or the Agreement is terminated by either party as set forth below.

5.2 Either party may terminate this Agreement, with or without cause, upon thirty (30) days’ prior written notice to the other party.

5.3 This Agreement may be terminated by either party for cause at any time, without limiting any party's other rights or remedies:

5.3.1 Upon written notice identifying with specificity the cause and providing a cure period of not less than ten (10) days if the non-terminating party commits a material breach of this Agreement, and such breach continues un-remedied for a period of five (5) days after receipt by the other party of written notice thereof;

5.3.2 immediately, without the obligation to give thirty (30) days’ written notice, if the non-terminating party:
(a) has a receiver appointed for itself or its property; (b) makes an assignment for the benefit of its creditors; (c) has any proceedings commenced by, for or against it under any bankruptcy, insolvency or debtor's relief law seeking a reorganization of such party's debts and such proceedings are not Docusign Envelope ID: 7D9C6FAD-168E-4C96-9414-1F38D21A5334 1167700
Ingram Micro Public Sector LLC -
OMNIA Participating Dealer Agreement v11022022 Page | 4 dismissed within ninety (90) days of their commencement; or (d) is liquidated or dissolved; or

5.3.3 immediately, without the obligation to give thirty (30) days’ written notice, or Participating Dealer account is not in good standing.

5.4 Participating Dealer shall honor all orders placed prior to the date on which any termination becomes effective.

6. Reserved

7. Exclusion of Consequential Damages

EXCEPT AS EXPRESSLY STATED HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY

FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, INCLUDING BUT

NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE

PRODUCTS, SOFTWARE OR SERVICES WHETHER FORSEEABLE OR NOT AND EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

8. Confidential Information

8.1 Each party agrees not to use any confidential information of the other party (whether oral or written) except in performance of this Agreement and not to disclose such information to third parties (other than, as determined by the receiving party in good faith, those persons with a genuine “need to know” and who agree to similarly limit the use and disclosure of the information, such as attorneys and accountants). All information which the disclosing party considers confidential shall be clearly identified as such.

8.2 With respect to both parties hereto, for the purposes hereof, confidential information shall not include any information that: (a) is now or becomes in the public domain through no breach of this Agreement; (b) is in the possession of the receiving party as of the date of execution hereof; (c) is independently learned by the receiving party from a third party without breach of this Agreement; (d) is required by law or order of a court (in which case the other party shall be promptly notified before disclosure), administrative agency or other governmental body to be disclosed by the receiving party; or (e) is disclosed by the receiving party more than three (3) years after that party's receipt of such information.

9. Miscellaneous

9.1 Assignment and Subcontracting. Assignment of this Agreement is prohibited without the express written consent of the other Party; except that Ingram Micro Public Sector may assign this Agreement or any of its rights or obligations hereunder (including, without limitation, rights and duties of performance) to any of its affiliates. Ingram Micro Public Sector may also assign its interest in this Agreement in connection with a merger or other business combination in which Ingram Micro Public Sector is not the surviving entity. Any attempted assignment in violation of this provision will be null and void.

9.2 Relationship of the Parties. Participating Dealer and Ingram Micro Public Sector perform this Agreement as independent contractors. Each party has the sole obligations to supervise, manage, contract, direct, procure, perform or cause to be performed its obligations set forth in this Agreement, except as may otherwise be agreed upon in writing by the parties. Nothing set forth in this Agreement shall be construed to create the relationship of principal and agent between Participating Dealer and Ingram Micro Public Sector. Neither party shall act nor attempt to act nor represent itself, directly or by implications, as an agent of the other or its affiliates or in any manner assume or create, or attempt to assume or create any obligation on behalf of, or in the name of, the other party or its affiliates.

9.3 Compliance with Laws. In the performance of this Agreement, Participating Dealer shall comply with the requirements of all applicable laws, ordinances, and regulations of the United States of America and any state, country, or other governmental entity. This Section incorporates by reference all provisions required by such laws, orders, rules, regulations and ordinances which are hereby incorporated with the same force and effect as if they were expressly set forth herein.

Participating Dealer shall indemnify, defend and hold Ingram Micro Public Sector harmless from and against any and all claims, actions or damages arising from or caused by Participating Dealer’s failure to comply with this Section 9.3.

Docusign Envelope ID: 7D9C6FAD-168E-4C96-9414-1F38D21A5334 1168701
Ingram Micro Public Sector LLC -
OMNIA Participating Dealer Agreement v11022022 Page | 5

9.4 Choice of Law; Disputes.

9.4.1 This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without regards to the conflicts of law principles thereof. Any and all claims, controversies or disputes arising out of or in connection with this Agreement shall be resolved in accordance with this Section. California law shall apply unless the issue relates to federal procurement regulations or statutes and in such case federal procurement law as interpreted by the United States Boards of Contract Appeals and the United States Court of Federal Claims shall apply.

9.4.2 The party’s consent to the exclusive jurisdiction of the state and federal courts located in Orange County, California, for any such action, suit or proceeding. Both parties’ obligations under this Section survive termination or expiration of this Agreement. The prevailing party in any action shall be entitled to recover its costs and attorneys' fees.

9.5 Notices. All notices and other written communications required or permitted to be given or sent by this Agreement, shall be deemed given if mailed first class, postage paid or sent by facsimile, and if addressed as follows:

Participating Dealer:

Attn:

Phone:

Fax:

Ingram Micro Public Sector:
10900 Pump House
Road Suite B
Annapolis Junction, MD
20701 Attn: Legal
Department Phone:
800.634.0255
Fax: 301.725.7869
Docusign Envelope ID: 7D9C6FAD-168E-4C96-9414-1F38D21A5334 9100 seavey lane loomis ca 95650
Cadence team inc
9168991255
Jeremy Caudill ceo
Na
1169702
Ingram Micro Public Sector LLC -
OMNIA Participating Dealer Agreement v11022022 Page | 6 Either party may, by a notice given in accordance with the foregoing, change its address or designated recipient for notices. Any notice given as aforesaid shall be deemed to have been received on the date of the overnight mail receipt, on the date imprinted by the facsimile machine, or five business days after deposit in the mail (first class, postage paid), whichever is applicable, unless the addressee party is able to establish conclusively that such notice was not received by it.

9.6 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court or board of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the remainder of the provisions of this Agreement shall continue in full force and effect as if this Agreement had been executed with the invalid portion(s) eliminated.

9.7 Entire Agreement. This Agreement constitutes the entire understanding and agreement of and between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous representations and agreements with respect to the subject matter hereof. This Agreement shall not be varied by any oral agreements or representations or otherwise except by an instrument in writing duly executed by authorized representatives of the parties.

9.8 Section Headings. The Section and paragraph headings herein are for convenience only and shall not limit in any way the scope of any provisions of this Agreement.

9.9 Non-waiver of Rights. The failure of either party to insist upon strict performance of any of the terms and conditions of this Agreement or to exercise any rights or remedies shall not be construed as a waiver of its right to assert any of the same or to rely on any such terms and conditions at any time thereafter.

9.10 Force Majeure. Neither Participating Dealer nor Ingram Micro Public Sector shall be deemed in default if its performance of obligations hereunder is delayed or becomes impossible or impractical by reason of any act of God, war, fire, earthquake, strike, epidemic, or any other cause beyond such party's reasonable control.

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

9.12 Survival. The terms and conditions set forth herein which by their nature should survive any termination of this Agreement shall survive.

In witness whereof, each of Participating Dealer and Ingram Micro Public Sector has caused this Agreement to be signed and delivered by its duly authorized representative as of the Effective Date.

Participating Dealer
By:

Print Name:

Title:

Ingram Micro Public Sector LLC
By:

Print Name:

Title:

Docusign Envelope ID: 7D9C6FAD-168E-4C96-9414-1F38D21A5334 Jeremy Caudill
CEO
Todd Hartung
Director
1170703
Ingram Micro Public Sector LLC -
OMNIA Participating Dealer Agreement v11022022 Page | 7 OMNIA Sales Reporting Addendum
The Ingram Micro Public Sector Contract is subject to mandatory reporting of sales and payment of a Contract Administrative Fee (CAF) under the Ingram Micro Public Sector Contract by OMNIA. The reporting of sales and CAF payments under the contract by all participants are audited on a regular basis to ensure that they are current, accurate and complete. Failure to comply may result in fines, penalties, suspension and/or termination of Ingram Micro Public Sector’s Contract.

1. Sales Reports

1.1 The OMNIA Sales Report templates and instructions, per current OMNIA reporting requirements, will be provided to Participating Dealer by Ingram Micro Public Sector as required.

1.2 The POS Sales Report template/format is subject to change at Ingram Micro Public Sector’s reasonable discretion upon notification or at the Contract discretion of OMNIA.

1.3 Sales Reports must be submitted no later than the 10th of the month following the report period. (e.g., June sales reported July 10th). Reports shall be submitted with all fields completed. Copies of the Customer orders if not provided at time of order processing, in hard copy or .pdf form, shall be submitted by Participating Dealer with the Sales Report.

1.4 Participating Dealer shall furnish monthly reports of the dollar value (rounded to the nearest whole dollar) of invoices issued during the preceding month period in a format that will facilitate the preparation and submission of Ingram Micro Public Sector’s OMNIA Sales Report. The report format will be provided for completion.

1.5 Participating Dealer shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. Ingram Micro Public Sector, or its designee, reserves the right to compare Sales Reports submitted by Participating Dealer for a period of four (4) years from the date Ingram Micro Public Sector receives such report. In addition, Ingram Micro Public Sector may engage a third party to conduct an independent audit of Participating Dealer ’s monthly reports. In the event of such an audit, Participating Dealer shall provide all materials reasonably requested relating to such audit. In the event an underreporting of Contract Sales and a resulting underpayment of Administrative Fees is revealed, Ingram Micro Public Sector will notify the Participating Dealer in writing. Participating Dealer will have thirty (30) days from the date of such notice to resolve the discrepancy to Ingram Micro Public Sector’s reasonable satisfaction, including payment of any Administrative Fees due and owing, together with interest, and reimbursement of the costs and expenses related to such audit.

2. CAF Invoicing/Payments

2.1 Participating Dealer acknowledges that the OMNIA Price quoted/sold to the government customer is inclusive of the CAF.

2.2 Participating Dealer acknowledges that Participating Dealer must pay Ingram Micro Public Sector the CAF based on the sales price to the customer for all orders placed under the Ingram Micro Public Sector Contract.

2.3 Ingram Micro Public Sector will invoice Participating Dealer the CAF as a separate line item on each processed Program order.

2.4 The Product CAF percentage will range from 0.75% to a maximum 2.0% (based on the manufacturer, hardware, software, maintenance, or services). The total CAF Fee will be calculated by multiplying this percentage by the total gross sales price paid for product by Participating Dealer’s customer as reflected in the End User Purchase Order or the Participating Dealer’s monthly Sales Order Report. Ingram Micro Public Sector will invoice Participating Dealer the CAF Fee on all identified OMNIA orders processed. The CAF fee will be listed as a separate line item on the Order’s Invoice. If not captured at time of order, CAF will be invoiced from monthly Sales Reports within 15 days of Ingram Micro Public Sector’s receipt of Dealer’s Sales Order Report. Payment is due within 30 days of the invoice date.

Docusign Envelope ID: 7D9C6FAD-168E-4C96-9414-1F38D21A5334 1171704
Ingram Micro Public Sector LLC -
OMNIA Participating Dealer Agreement v11022022 Page | 8 In witness whereof, each of Participating Dealer and Ingram Micro Public Sector has caused this Participating Dealer Agreement to be signed and delivered by its duly authorized representative as of the Effective Date
Participating Dealer
By:

Print Name:

Title:

Ingram Micro Public Sector LLC
By:

Print Name:

Title:

Docusign Envelope ID: 7D9C6FAD-168E-4C96-9414-1F38D21A5334 Jeremy Caudill
CEO
Todd Hartung
Director
1172705
Ingram Micro Public Sector LLC - OMNIA Participating
Dealer Agreement v11022022
Page | 9
Attachment 1 - Region 4 ESC Flow Down Terms and Conditions

1. Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC or Participating Public Agency must purchase in an open market, Participating Dealer agrees to reimburse Region 4 ESC, within a reasonable time period, for all expenses incurred.

2. Licenses. Participating Dealer shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Participating Dealer. Participating Dealer shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC or Participating Public Agency reserves the right to stop work and/or cancel the Contract if Participating Dealer’s license(s) expire, lapse, are suspended or terminated.

3. Survival Clause. All applicable software license agreements, warranties or service agreements that are entered into between Participating Dealer and Region 4 ESC or Participating Public Agency under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Participating Dealer shall survive expiration or termination of the Contract.

4. Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Participating Dealer must receive authorization for the delayed delivery. The order may be canceled if the estimated shipping time is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be included in all pricing offered unless otherwise clearly stated in writing.

5. Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC or Participating Public Agency may make the determination to return the material to the Participating Dealer at no cost to Region 4 ESC. The Participating Dealer agrees to pay all shipping costs for the return shipment.

Participating Dealer shall be responsible for arranging the return of the defective or incorrect material.

6. Payments. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice.

7. Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC or Participating Public Agency must be notified immediately. Price increases must be approved by Region 4 ESC or Participating Public Agency and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter.

8. Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty.

9. Site Cleanup. Participating Dealer shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition.

10. Site Preparation. Participating Dealer shall not begin a project for which the site has not been prepared, unless Participating Dealer does the preparation work at no cost, or until Region 4 ESC or Participating Public Agency includes the cost of site preparation in a purchase order. Site preparation includes, but is Docusign Envelope ID: 7D9C6FAD-168E-4C96-9414-1F38D21A5334 1173706
Ingram Micro Public Sector LLC - OMNIA Participating
Dealer Agreement v11022022
Page | 10
not limited to moving furniture, installing wiring for networks or power, and similar pre-installation requirements.

11. Registered Sex Offender Restrictions. For work to be performed at schools, Participating Dealer agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Participating Dealer agrees a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at Region 4 ESC’s or Participating Public Agency’s discretion.

12. Safety measures. Participating Dealer shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Participating Dealer shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.

13. Smoking. Persons working under the Contract shall adhere to local smoking policies. Smoking will only be permitted in posted areas or off premises.

14. Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC or Participating Public Agency, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC or Participating Public Agency prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Participating Dealer against loss and damage. Participating Dealer agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC or Participating Public Agency and be separated from other materials. Region 4 ESC or Participating Public Agency must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC or Participating Public Agency, it shall be the Participating Dealer 's responsibility to protect all materials and equipment. Participating Dealer warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance.

15. Funding Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC or Participating Public Agency’s current revenue only. Region 4 ESC or Participating Public Agency retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC or Participating Public Agency to obtain appropriate funds for payment of the contract.

16. Indemnity. Participating Dealer shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Participating Dealer, Participating Dealer employees or subcontractors in the preparation of the solicitation and the later execution of the Contract. Any litigation involving either Region 4 ESC or Participating Public Agency, its administrators and employees and agents will be in Harris County, Texas or the or Participating Public Agency venue of choice.

17. Marketing. Any use of Region 4 ESC or Participating Public Agency name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Participating Dealer must have prior approval from Region 4 ESC or Participating Public Agency and Ingram Micro Public Sector.

18. Certificates of Insurance. Participating Dealer shall maintain coverage as specified and deliver Certificates of insurance to the Region 4 ESC or Participating Public Agency prior to commencement of work. Participating Dealer shall give a minimum of ten (10) days’ notice prior to any modifications or cancellation of policies.

Docusign Envelope ID: 7D9C6FAD-168E-4C96-9414-1F38D21A5334 1174707
Ingram Micro Public Sector LLC - OMNIA Participating
Dealer Agreement v11022022
Page | 11
Attachment 2 - OMNIA Partners Contract Flow Down Terms and Conditions

1. The Region 4 ESC Flow Down terms and conditions contained above shall apply to this Agreement except as expressly changed or modified by this Agreement. Participating Dealer acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier’s response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof.

2. OMNIA Partners shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Participating Dealer under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to OMNIA Partners, its agents, employees, directors, and representatives under this Agreement including, but not limited to, Participating Dealer’s obligation to obtain appropriate insurance.

3. With respect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, OMNIA Partners shall not be: (i) construed as a dealer, re-marketer, representative, partner or agent of any type of the Participating Dealer, Principal Procurement Agency or any Participating Public Agency; (ii) obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) obligated, liable or responsible for any failure by Principal Procurement Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. OMNIA Partners makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement.

4. OMNIA Partners shall not be responsible for Participating Dealer’s performance under the Master Agreement, and Participating Dealer shall hold OMNIA Partners and Ingram Micro Public Sector LLC harmless from any liability that may arise from the acts or omissions of Participating Dealer in connection with the Master Agreement.

5. Participating Dealer acknowledges that, in connection with its access to OMNIA Partners confidential information and/or supply of data to OMNIA Partners, it has complied with and shall continue to comply with all laws, regulations and standards that may apply to Supplier, including, without limitation: (a) United States federal and state information security and privacy statutes, regulations and/or best practices, including, without limitation, the Gramm-Leach-Bliley Act, the Massachusetts Data Security Regulations (201 C.M.R. 17.00 et. seq.), the Nevada encryption statute (N.R.S. § 603A), the California data security law (Cal. Civil Code § 1798.80 et. seq.) and California Consumer Privacy Act (Cal. Civil Code § 1798.100 et. seq.); and (b) applicable industry and regulatory standards and best practices (collectively, “Data Regulations”).

6. With regard to Personal Information that Participating Dealer collects, receives, or otherwise processes under the Agreement or otherwise in connection with performance of the Agreement, Participating Dealer agrees that it will not: (i) sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, such Personal Information to another business or third party for monetary or other valuable consideration; or (ii) retain, use, or disclose such Personal Information outside of the direct business relationship between Participating Dealer and OMNIA Partners or for any purpose other than for the specific purpose of performance of the Agreement, including retaining, using, or disclosing such Personal Information for a commercial purpose other than for performance of the Agreement. By entering into the Agreement, Participating Dealer certifies that it understands the specific restrictions contained in this Section 7 and will comply with them. For purposes hereof, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, and includes the specific elements of “personal information” as defined under Data Docusign Envelope ID: 7D9C6FAD-168E-4C96-9414-1F38D21A5334 1175708
Ingram Micro Public Sector LLC - OMNIA Participating
Dealer Agreement v11022022
Page | 12
Regulations, as defined herein. Participating Dealer will reasonably assist OMNIA Partners in timely responding to any third party “request to know” or “request to delete” (as defined pursuant to Data Regulations) and will promptly provide OMNIA Partners with information reasonably necessary for OMNIA Partners to respond to such requests. Where Participating Dealer collects Personal Information directly from Public Agencies or others on OMNIA Partners’ behalf, Participating Dealer will maintain records and the means necessary to enable OMNIA Partners to respond to such requests to know and requests to delete.

7. Participating Dealer shall require each Public Agency to register its participation in the OMNIA Partners program by either registering on the OMNIA Partners website (www.omniapartners.com/publicsector) or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency’s first sales order. Upon request, Participating Dealer shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases.

8. This Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between OMNIA Partners and Participating Dealer, the provisions of this Agreement shall prevail.

Docusign Envelope ID: 7D9C6FAD-168E-4C96-9414-1F38D21A5334 1176709
Ingram Micro Public Sector LLC - OMNIA Participating
Dealer Agreement v11022022
Page | 13
Attachment 3 - Required Documents
¨ Texas Government Code 2270 Verification Form
¨ Federal Funds Certifications
¨ ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
¨ FEMA SPECIAL CONDITIONS
¨ New Jersey Business Compliance (Required to transact business on contract in New Jersey) Docusign Envelope ID: 7D9C6FAD-168E-4C96-9414-1F38D21A5334 1177710
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Dealer Agreement v11022022
Page | 14

Texas Government Code 2270 Verification Form
House Bill 89 (85R Legislative Session), which adds Chapter 2270 to the Texas Government Code, provides that a governmental entity may not enter into a contract with a company without verification that the contracting vendor does not and will not boycott Israel during the term of the contract.

Furthermore, Senate Bill 252 (85R Legislative Session), which amends Chapter 2252 of the Texas Government Code to add Subchapter F, prohibits contracting with a company engaged in business with Iran, Sudan or a foreign terrorist organization identified on a list prepared by the Texas Comptroller.

I, , as an authorized representative of
, a contractor engaged by
Region 4 Education Service Center, 7145 West Tidwell Road, Houston, TX 77092, verify by this writing that the above-named company affirms that it (1) does not boycott Israel; and (2) will not boycott Israel during the term of this contract, or any contract with the above-named Texas governmental entity in the future.

Also, our company is not listed on and we do not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf.

I further affirm that if our company's position on this issue is reversed and this affirmation is no longer valid, that the above-named Texas governmental entity will be notified in writing within one (1) business day, and we understand that our company's failure to affirm and comply with the requirements of Texas Government Code 2270 et seq. shall be grounds for immediate contract termination without penalty to the above-named Texas governmental entity.

I swear and affirm that the above is true and correct.
______________________________________________ __________________ Signature of Named Authorized Company Representative Date Docusign Envelope ID: 7D9C6FAD-168E-4C96-9414-1F38D21A5334 2024-Nov-20

CADENCE TEAM, INC
Jeremy Caudill
1178711
Ingram Micro Public Sector LLC - OMNIA Participating
Dealer Agreement v11022022
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Docusign Envelope ID: 7D9C6FAD-168E-4C96-9414-1F38D21A5334 1179712