South Lake Tahoe City Council
October 21, 2025

Attachment B
Attachment B – Scope Awarded to Contractor
I. Data Communications Award Categories
The scope for this contract is as provided below. Contractor may offer products (i.e. white box, artificial intelligence, etc.) and services within the Categories it received an award in. Each category also allows for Internet of Things (IoT) products. These products must be an IoT product that can be deployed within, upon, or integrated into a government agency’s physical asset to address government line of business needs. Proposals are expected to include IoT products designed to support common government lines of business in specific subcategoriesi.e. routers,switches, end points, etc. IoT products can only be provided in categoriesthat the vendor is awarded in and can include endpoints that support items in that category.

Category 1.2: NETWORKING

1.2.1 Network Application Services.

Application networking solutions and technologies that enable the successful and secure delivery of applicationsto local, remote, and branch-office users using technology to accelerate,secure, and increase availability of both application traffic and computing resources.

1.2.1.1 Virtualized Load Balancers ― Virtual devices that act like a reverse proxy to distribute network and/or application traffic across multiple servers to improve the concurrent user capacity and overall reliability of applications. Capabilities should include:
• SSL (Secure Sockets Layer) Off-loading
• Caching capabilities
• Layer 4 Load Balancing
• Layer 7 Load Balancing
• Detailed Reporting
• Supports multiple load balancers in the same system for multiple groups • Supports TLS1.2

1.2.1.2 WAN Optimization ― An appliance utilizing a collection of techniquesfor increasing data-transfer efficiencies across wide-area networks (WAN). Capabilities should include:
• CIFS (Common Internet File System) acceleration
• Data Compression
• SSL encryption/decryption for acceleration (Optional) • Layer 4-7 visibility
• Application Specific optimization
• Network analysis tools (solutions utilized to collect, classify, analyze, and securely store log messages).

1.2.2 Networking Software.

Software that runs on a server, or within the Cloud, and enablesthe server to manage data, users, groups, security, applications, and other networking functions. The network operating system is designed to allow 196

Attachment B
transfer of data among multiple computers in a network, typically a local area network (LAN), a private network or to other networks. Networking software capabilities should include:
• Restartable Process
• High availability options
• Targeted operating systems, i.e. DC, campus, core, wan, etc. • Operating System Efficiencies
• Network analysis tools (solutions utilized to collect, classify, analyze, and securely store log messages).

1.2.2.1 Network Management and Automation ― Software products and solutions for network automation, cloud computing, and IT systems management.

1.2.2.2 Data Center Management and Automation ― Software products and solutionsthat capture and automate manual tasks acrossservers, network, applications, and virtualized infrastructure.

1.2.2.3 Cloud Portal and Automation ― Software products and solutions for cloud management with policy-based controls for provisioning virtual and physical resources.

1.2.2.4 Branch Office Management and Automation ― Software products and solutions for management of branch offices. Capabilities include remote troubleshooting, device management, and WAN performance monitoring.

1.2.3 Network Optimization and Acceleration.

Devices and toolsforincreasing data-transfer efficiencies across wide-area networks.

1.2.3.1 Data Analytics ― Appliance for improving network management by more effectively factoring in issues related to congestion, such as utilization, service consumption and routing. Provides real-time insights into network traffic to determine the value of different portions of that traffic.

1.2.3.2 Dynamic Load Balancing (Network Traffic Management) ― An appliance that performs a series of checks and calculationsto determine which server can bestservice each client request in order to select the server that can successfully fulfill the client request and do so in the shortest amount of time without overloading either the server or the server farm as a whole.

1.2.3.3 WAN Acceleration ― Appliance that optimizes bandwidth to improve the end user's experience on a wide area network (WAN). Capabilities should include:
• CIFS acceleration
• Data Compression
• SSL encryption/decryption for acceleration (Optional) • Layer 4-7 visibility
• Application Specific optimization

1.2.3.4 High Availability and Redundancy ― Limits any disruption to network uptime should an appliance face unforeseen performance issues. Transparently redistributes workloads to surviving cluster appliances without impacting communication throughout the cluster.

1.2.4 Optical Networking.
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High capacity networks based on optical technology and componentsthat provide routing, grooming, and restoration at the wavelength level as well as wavelength based services.

1.2.4.1 Core DWDM (Dense Wavelength Division Multiplexing) Switches ― Switches used in systems designed for long haul and ultra long-haul optical networking applications.

1.2.4.2 Edge Optical Switches ― Provide entry points into the enterprise or service provider core networks.

1.2.4.3 Optical Network Management ― Provides capabilitiesto manage the optical network and allows operators to execute end-to-end circuit creation.

1.2.4.4 IP over DWDM (IPoDWDM) ― A device utilized to integrate IP Routers and Switches in the OTN (Optical Transport Network).

Category 1.3: ROUTERS, SWITCHES, SECURITY, AND NETWORKING STORAGE

1.3.1 Routers.

A device that forwards data packets along networks. A router is connected to at least two networks, commonly two LANs or WANs or a LAN and its ISP's network. Routers are located at gateways, the places where two or more networks connect, and are the critical device that keeps data flowing between networks and keep the networks connected to the Internet.

1.3.1.1 Branch Routers ― A multiservice router typically used in branch offices or locations with limited numbers of users and supports flexible configurations/feature. For example: security, VoIP, wan acceleration, etc.

1.3.1.2 Network Edge Routers ― A specialized router residing at the edge or boundary of a network. This router ensures the connectivity of its network with external networks, a wide area network or the Internet. An edge router uses an External Border Gateway Protocol, which is used extensively over the Internet to provide connectivity with remote networks.

1.3.1.3 Core Routers - High performance, high speed, low latency routers that enable Enterprises to deliver a suite of data, voice, and video services to enable next-generation applications such as IPTV and Video on Demand (VoD), and Software as a Service (SaaS).

1.3.1.4 Service Aggregation Routers ― Provides multiservice adaptation, aggregation and routing for Ethernet and IP/MPLS networks to enable service providers and enterprise edge networks simultaneously host resource-intensive integrated data, voice and video business and consumerservices.

1.3.1.5 Carrier Ethernet Routers ― High performance routers that enable service providers to deliver a suite of data, voice, and video services to enable next-generation applications such as IPTV, Video on Demand (VoD), and Software as a Service (SaaS).

1.3.2 Security.

1.3.2.1 Data Center and Virtualization Security Products and Appliances ― Products designed to protect high-value data and data center resources with threat defense and policy control. 198

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1.3.2.2 Intrusion Detection/Protection and Firewall Appliances ― Provide comprehensive inline network firewall security from worms, Trojans, spyware, key loggers, and other malware. This includes Next-Generation Firewalls (NGFW), which offer a wire-speed integrated network platform that performs deep inspection of traffic and blocking of attacks. Intrusion Detection/Protection and Firewall Appliances should provide:
• Non-disruptive in-line bump-in-the-wire configuration • Standard first-generation firewall capabilities, e.g., network-address translation (NAT), stateful protocol inspection (SPI) and virtual private networking (VPN), etc. • Application awareness, fullstack visibility and granular control • Capability to incorporate information from outside the firewall, e.g., directory-based policy, blacklists, white lists, etc.
• Upgrade path to include future information feeds and security threats • SSL decryption to enable identifying undesirable encrypted applications(Optional)

1.3.2.3 Logging Appliances and Analysis Tools ― Solutions utilized to collect, classify, analyze, and securely store log messages.

1.3.2.4 Secure Edge and Branch Integrated Security Products ― Network security, VPN, and intrusion prevention for branches and the network edge. Products typically consist of appliances or routers.

1.3.2.5 Secure Mobility Products ― Delivers secure, scalable access to corporate applications across multiple mobile devices.

1.3.2.6 Encryption Appliances ― A network security device that applies crypto services at the network transfer layer - above the data link level, but below the application level.

1.3.2.7 On-premise and Cloud-based services for Network Communications Integrity ― Solutions that provide threat protection, data loss prevention, message level encryption, acceptable use and application control capabilities to secure web and email communications. This could include cloud access security brokers (CASBs) and DNS security.

1.3.2.8 Secure Access ― Products that provide secure access to the network for any device, including personally owned mobile devices (laptops, tablets, and smart phones). Capabilities should include:
• Management visibility for device access
• Self-service on-boarding
• Centralized policy enforcement
• Differentiated access and services
• Device Management

1.3.3 Storage Networking.

High-speed network of shared storage devices connecting different types of storage devices with data servers.

1.3.3.1 Director Class SAN (Storage Area Network) Switches and Modules ― A scalable, highperformance, and protocol-independent designed primarily to fulfill the role of core switch in a core-edge Fibre Channel (FC), FCOE or similar SAN topology. A Fibre Channel director is, by current convention, a 199

Attachment B
switch with at least 128 ports. It does not differ from a switch in core FC protocol functionality. Fibre Channel directors provide the most reliable, scalable, high-performance foundation for private cloud storage and highly virtualized environments.

1.3.3.2 Fabric and Blade Server Switches ― A Fibre Channel switch is a network switch compatible with the Fibre Channel (FC) protocol. It allows the creation of a Fibre Channel fabric, which is currently the core component of most SANs. The fabric is a network of Fibre Channel devices, which allows many-to-many communication, device name lookup, security, and redundancy. FC switches implement zoning; a mechanism that disables unwanted traffic between certain fabric nodes.

1.3.3.3 Enterprise and Data Center SAN and VSAN (Virtual Storage Area Network) Management ― Management toolsto provisions, monitors, troubleshoot, and administers SANs and VSANs.

1.3.3.4 SAN Optimization ― Tools to help optimize and secure SAN performance (ie. Encryption of dataat-rest, data migration, capacity optimization, data reduction, etc.

1.3.4: Switches.

Layer 2/3 devices that are used to connect segments of a LAN (local area network) or multiple LANs and to filter and forward packets among them.

1.3.4.1 Campus LAN – Access Switches ― Provides initial connectivity for devices to the network and controls user and workgroup access to internetwork resources. The following are some of the features a campus LAN access switch should support:

1. Security
a. SSHv2 (Secure Shell Version 2)
b. 802.1X (Port Based Network Access Control)
c. Port Security
d. DHCP (Dynamic Host Configuration Protocol) Snooping

2. VLANs

3. Fast Ethernet/Gigabit Ethernet

4. PoE (Power over Ethernet)

5. link aggregation

6. 10 Gb support

7. Port mirroring

8. Span Taps

9. Support of IPv6 and IPv4

10. Standards-based rapid spanning tree

11. Netflow Support (Optional).

1.3.4.2 Campus LAN – Core Switches ― Campus core switches are generally used for the campus backbone and are responsible for transporting large amounts of traffic both reliably and quickly. Core switches should provide:
• High bandwidth
• Low latency
• Hotswappable powersupplies and fans
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Attachment B
• Security
o SSHv2
o MacSec encryption
o Role-Based Access Control Lists(ACL)
• Support of IPv6 and IPv4
• 1/10/40/100 Gbpssupport
• IGP (Interior Gateway Protocol) routing
• EGP (Exterior Gateway Protocol) routing
• VPLS (Virtual Private LAN Service) Support
• VRRP (Virtual Router Redundancy Protocol) Support
• Netflow Support.

1.3.4.3 Campus Distribution Switches ― Collect the data from all the access layer switches and forward it to the core layer switches. Traffic that is generated at Layer 2 on a switched network needs to be managed, or segmented into Virtual Local Area Networks (VLANs), Distribution layer switches provides the inter-VLAN routing functions so that one VLAN can communicate with another on the network.

Distribution layerswitches provides advanced security policiesthat can be applied to network traffic using Access Control Lists (ACLs).
• High bandwidth
• Low latency
• Hotswappable powersupplies and fans
• Security (SSHv2 and/or 802.1X)
• Support of IPv6 and IPv4
• Jumbo Frames Support
• Dynamic Trunking Protocol (DTP)
• Per-VLAN Rapid Spanning Tree (PVRST+)
• Switch-port auto recovery
• NetFlow Support or equivalent

1.3.4.4 Data Center Switches ― Data center switches, or Layer 2/3 switches, switch all packets in the data center by switching or routing good ones to their final destinations, and discard unwanted traffic using Access Control Lists (ACLs) a minimum of 10 Gigabit speeds. High availability and modularity differentiates a typical Layer 2/3 switch from a data center switch. Capabilities should include:
• High bandwidth
• Low latency
• Hotswappable powersupplies and fans
• Ultra-low latency through wire-speed ports with nanosecond port-to-port latency and hardwarebased Inter-Switch Link (ISL) trunking • Load Balancing across Trunk group able to use packet based load balancing scheme • Bridging of Fibre Channel SANs and Ethernet fabrics
• Jumbo Frame Support
• Plug and Play Fabric formation that allows a new switch that joins the fabric to automatically become a member
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Attachment B
• Ability to remotely disable and enable individual ports • Support NetFlow or equivalent

1.3.4.5 Software Defined Networks (SDN) ― An application in SDN that manages flow control to enable intelligent networking.

1.3.4.6 Software Defined Networks (SDN) - Virtualized Switches and Routers ― Technology utilized to supportsoftware manipulation of hardware forspecific use cases.

1.3.4.7 Software Defined Networks (SDN) ― Controllers - is an application in software-defined networking (SDN) that manages flow control to enable intelligent networking. SDN controllers are based on protocols, such as OpenFlow, that allow servers to tell switches where to send packets. The SDN controller lies between network devices at one end and applications at the other end. Any communications between applications and devices have to go through the controller. The controller uses multiple routing protocols including OpenFlow to configure network devices and choose the optimal network path for application traffic.

1.3.4.8 Carrier Aggregation Switches ― Carrier aggregation switches route traffic in addition to bridging (transmitted) Layer 2/Ethernet traffic. Carrier aggregation switches’ major characteristics are:
• Designed for Metro Ethernet networks
• Designed for video and other high bandwidth applications • Supports a variety of interface types, especially those commonly used by Service Providers Capabilities should include:
• Redundant Processors
• Redundant Power
• IPv4 and IPv6 unicast and multicast
• High bandwidth
• Low latency
• Hotswappable powersupplies and fans
• MPLS (Multiprotocol Label Switching)
• BGP (Border Gateway Protocol)
• Software router virtualization and/or multiple routing tables • Policy based routing
• Layer 2 functionality
o Per VLAN Spanning Tree
o Rapid Spanning Tree
o VLAN IDs up to 4096
o Layer 2 Class of Service (IEEE 802.1p)
o Link Aggregation Control Protocol (LACP)
o QinQ (IEEE 802.1ad)

1.3.4.9 Carrier Ethernet Access Switches ― A carrier Ethernet access switch can connect directly to the customer or be utilized as a network interface on the service side to provide layer 2 services. 202

Attachment B
• Hot-swappable and field-replaceable integrated powersupply and fan tray • AC or DC powersupply with minimum DC input ranging from 18V to 32 VDC and 36V to 72 VDC • Ethernet and console port for manageability
• SD flash card slot for additional externalstorage
• Stratum 3 network clock
• Line-rate performance with a minimum of 62-million packets persecond (MPPS) forwarding rate • Support for dying gasp on loss of power
• Support for a variety of small form factor pluggable transceiver (SFP and SFP+) with support for Device Object Model (DOM)
• Timing services for a converged access network to support mobile solutions, including Radio Access Network (RAN) applications
• Support for Synchronous Ethernet (SyncE)services
• Supports Hierarchical Quality of Service (H-QoS) to provide granulartraffic-shaping policies • Supports Resilient Ethernet Protocol REP/G.8032 forrapid layer-two convergence Category 1.4: WIRELESS.

Provides connectivity to wireless devices within a limited geographic area. System capabilities should include:
• Redundancy and automatic failover
• IPv6 compatibility
• NTP Support

1.4.1 Access Points ― A wireless Access Point (AP) is a device that allows wireless devices to connect to a wired network using Wi-Fi, or related standards. Capabilities should include:
• 802.11a/b/g/n
• 802.11n
• 802.11ac
• Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud Architecture)
• UL2043 plenum rated forsafe mounting in a variety of indoor environments • Support AES-CCMP (128-bit)
• Providesreal-time wirelessintrusion monitoring and detection

1.4.2 Outdoor Wireless Access Points ― Outdoor APs are rugged, with a metal cover and a DIN rail or other type of mount. During operations they can tolerate a wide temperature range, high humidity and exposure to water, dust, and oil. Capabilities should include:
• Flexible Deployment Options
• Providesreal-time wirelessintrusion monitoring and detection • Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud Architecture)
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Attachment B

1.4.3 Wireless LAN Controllers ― An onsite or offsite solution utilized to manage Light-weight access points in large quantities by the network administrator or network operations center. The WLAN controller automatically handles the configuration of wireless access-points. Capabilities should include:
• Ability to monitor and mitigate RF interference/self-heal • Support seamlessroaming from AP to AP without requiring re-authentication • Support configurable access control lists to filter traffic and denying wireless peer to peer traffic • System encrypts all management layer traffic and passes it through a secure tunnel • Policy management of users and devices provides ability to de-authorize or deny devices without denying the credentials of the user, nor disrupting other AP traffic • Support configurable access control lists to filter traffic and denying wireless peer to peer traffic

1.4.4 Wireless LAN Network Services and Management ― Enables network administrators to quickly plan, configure and deploy a wireless network, as well as provide additional WLAN services. Some examples include wireless security, asset tracking, and location services. Capabilities should include:
• Provide for redundancy and automatic failover
• Historical trend and real time performance reporting is supported • Management accessto wireless network componentsissecured • SNMPv3 enabled
• RFC 1213 compliant
• Automatically discover wireless network components
• Capability to alert for outages and utilization threshold exceptions • Capability to support Apple’s Bonjour Protocol/ mDNS
• QoS / Application identification capability

1.4.5 Cloud-based services for Access Points ― Cloud-based management of campus-wide WiFi deployments and distributed multi-site networks. Capabilities include:
• Zero-touch access point provisioning
• Network-wide visibility and control
• RF optimization,
• Firmware updates

1.4.6 Mobile Device Management (MDM) ― MDM technology utilized to allow employees to bring personally owned mobile devices (laptops, tablets, and smart phones) to their workplace, and use those devices to access privileged government information and applications in a secure manner. Capabilities should include:
• Ability to apply corporate policy to new devices accessing the network resources, whether wired or wireless
• Provide user and devices authentication to the network • Provide secure remote access capability
• Support 802.1x
• Network optimization for performance,scalability, and user experience 204

Attachment B
II. Value Added Services
For each Award Category above, the following valued services should also be available for procurement at the time of product purchase or anytime afterwards. This provided list of value added services is not intended to be exhaustive, and may be updated pursuant to the terms of the resulting Master Agreement

2.1 Maintenance Services ― Capability to provide technical support, software maintenance, flexible hardware coverage, and smart, proactive device diagnostics for hardware.

2.2 Professional Services
a. Deployment Services
i. Survey/ Design Services ― Includes, but not limited to, discovery, design, architecture review/validation, and readiness assessment.
ii. Implementation Services ― Includes, but not limited to, basic installation and configuration or end-to-end integration and deployment. iii. Optimization ― Includes, but not limited to, assessing operational environment readiness, identify ways to increase efficiencies throughout the network, and optimize Customer’s infrastructure, applications and service management. b. Remote Management Services ― Includes, but not limited to, continuous monitoring, incident management, problem management, change management, and utilization and performance reporting that may be on a subscription basis.
c. Consulting/Advisory Services ― Includes, but not limited to, assessing the availability, reliability, security and performance of Customer’s existing solutions. d. Data Communications Architectural Design Services ― Developing architectural strategies and roadmaps for transforming Customer’s existing network architecture and operations management.
e. Statement of Work (SOW) Services ― Customer-specific tasks to be accomplished and/orservices to be delivered based on Customer’s business and technical requirements. f. Testing Services – Includes, but not limited to, testing the availability, reliability, security and performance of Customer’s existing solutions

2.3 Partner Services ― Provided by Contractor’s Authorized Partners/Resellers. a. Subject to Contractor’s approval and the certifications held by its Partners/Resellers, many Partners/Resellers can also offer and provide some or all of the Services as listed above at competitive pricing, along with local presence and support. As the primary Contractor (OEM), Contractor is ultimately responsible for the service and performance of its Partners/ Resellers.

Customers may have the option to purchase the Services to be directly delivered by Contractor (OEM) or its certified Partners/Resellers.

2.4 Training ― Learning offerings for IT professionals on networking technologies, including but not limited to designing, implementing, operating, configuring, and troubleshooting network systems pertaining to items provided under the master agreement. 205

Attachment B
III. Product Line Additions
During the contract term Contractor may submit a request to update product catalog that falls within the scope listed in herein this Attachment B as new technology is introduced, updated or removed from the market. Lead State will evaluate requests and update the contract offering as appropriate. New product additions must utilize the same pricing structure as was used for services falling into the same service category.

A. Minimum Discount %
The Minimum Discount % off List shall be firm fixed for the duration of the contract. However, the list prices may fluctuate through the life of the contract, as provided within Attachment A. Contractor may offer increased discounts upon achievement of contract volume milestones. Minimum guaranteed contract discounts do not preclude Contractor and/or its authorized resellers from providing deeper or additional, incremental discounts at their sole discretion. Purchasing entities shall benefit from any promotional pricing offered by the Contractor to similar customers. Promotional pricing shall not be cause for a permanent price change.
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Attachment C Page 1 of 2
Contractor
Attachment C ‐ Pricing Discounts and Value Added Services Hewlett Packard Enterprise
Section 1: Instructions

1. % discounts are based on minimum discounts off Contractor's commercially published pricelists versusfixed pricing. Nonetheless, Orders will be fixed‐price or fixed‐rate and not cost reimbursable contracts. Contractor has the ability to update and refresh its respective price catalog, as long as the agreed‐upon discounts are fixed.

2. Minimum guaranteed contract discounts do not preclude anOfferor and/orits authorized resellersfrom providing deeper or additional, incremental discounts at their sole discretion.

3. Purchasing entitiesshall benefitfrom any promotional pricing offered by Contractorto similar customers. Promotional pricing shall not be cause for a permanent price change.

4. Contractor's price catalog shall include the price structures of all products,services and value added items(i.e., Maintenance Services, Professional Services, Etc.) that it intends to provide under its contract. Pricing shall all‐inclusive of infrastructure and software costs and management of infrastructure, network, OS, and software.

Section 2: Minimum Discount % off List
Category 1.2Networking
Hardware and Software 34.00%
Service Packages (i.e., Maintenance, etc.) 16.00%
Category 1.3 Routers, Switches, Secuirty, and Networking Storage Hardware and Software 34.00%
Service Packages (i.e., Maintenance, etc.) 16.00%
Category 1.4 Wireless
Hardware and Software 34.00%
Service Packages (i.e., Maintenance, etc.) 16.00%
Section 3: Value Added Services
Provide the title, job description for each title, and associated hourly rate. Add additional rows as necessary.

Hourly Rates
Weekday Weekend State Holiday
Title Job Description Onsite Remote Onsite Remote Onsite Remote Maintenance Services
HPE offers our customers a full life
cycle suite of technical support from
installation and startup turn‐key
services through hardware coverage
options with monitoring and call home
functionality.

See Note 1
Professional Services
HPE Network Consulting has more
than 40 years of experience with
multivendor network equipment
through an expansive delivery
organization of expert network
consultants. HPE Network Consulting
has assisted both enterprise and
service provider customers to plan,
design, integrate, and deploy highly
complex network infrastructures.

See Note 2
Deployment Services
HPE can get customers new
environments up and running quickly
by engaging these services, which
coordinate the end‐to‐end integration
and deployment of your network
implementation. HPE can bring your
network online, add new connections
to an existing network, or guide your
transition to a converged network
environment while scaling the solution
to fit your requirements.

See Note 2
Consulting Advisory Services
Services Include:Assessment of your
end‐to‐end environment readiness,
Gap analysis and program planning,
Security assessments and
Recommendations/roadmap
See Note 2
Architectural Design Services
HPE Network Consulting lifecycle
services consist of:Network Strategy
and Planning Services and Network
Architecture and Design Services
See Note 2
Statement of Work Services
HPE offers a broad portfolio ofservices
that includes customer support,
consulting and integration,
outsourcing services, and education.

HPE can enter at any point of the
engagement lifecycle, to design, build,
integrate, manage and evolve a
solution tailored to addressthe State’s
specific business requirements.

See Note 2
207
Attachment C Page 2 of 2
Access personalized dashboard to
monitor device health, events, and
support status anytime, anywhere.

View and manage all devices in the IT
environment, as well as associated
support contracts, warranties, and
service credits by device. Monitor auto
generated hardware events and
support cases
HPE will only putservices SKUs on the
contract that HPE or authorized
resellers are able to deliver. In most
cases, the partner/reseller willtake
the order and then decide to allow
HPE to deliver the service or deliver
the service themselves. HPE has a
process that allows our resellers to
become authorized providers of HPE
services. In these cases, the partner
still uses the HPE services SKUs that
we have listed.

Partner Services
HPE has listed our training offerings as
SKUs in the Solicitation SK18001 HPE ‐
Detailed Product Offering Worksheet
Training Deployment Services
Remote Management Services
See Note 4
See Note 3
See Note 2
Attachment C ‐ Pricing Discounts and Value Added Services Contractor Hewlett Packard Enterprise
Note 1. HPE does not typically bill for maintenance services on a Time & Materials basis; rather our customers sign up for maintenance services. Therefore we do not publish hourly rates for maintenance. HPE has provided SKU numbers in the Solicitation SK18001 HPE - Detailed Product Offering Worksheet.

Note 2. HPE has provided two SKUs for Professional Services in the Solicitation SK18001 HPE - Detailed Product Offering Worksheet. If our customers would like to engage HPE for customized services, we will respond with a Statement of Work specific to the request. Every Statement of Work and its required levels of service (skill set required to deliver) is unique. For this reason, we have included a blended rate for 8 hours of remotely delivered services and 40 hours of onsite service which are used quite frequently. HPE does not publish hourly rates; we provide quotes based on customer needs.

Note 3. HPE has provided SKU numbers in the Solicitation SK18001 HPE - Detailed Product Offering Worksheet. HPE does not charge for training by the hour.

Note 4. Partners’ rates vary by geography, and like HPE, by level of service required. Partners may sell HPE SKUs for 8 hour and 40 hours of work at the blended rate and pass this to HPE or deliver it themselves. As such, it is difficult to publish a rate card for our partners, especially since we have such an extensive network of partners around the country. 208
Attachment D - State and Local Government and Education Customer Return Policy; EULA State and Local Government and Education Customer Return Policy Coverage: These guidelines apply only to returns initiated by State and Local Government or Education customers purchasing HPE/Aruba branded product direct from Hewlett Packard Enterprise Company (“HPE”) or a customer purchase under one of HPE’s State and Local Government or Education direct contracts. A direct contract is defined as a contract by and between HPE and a State, Local or Education end user. This return policy does not apply to purchases by end user through HPE resellers under separate contract; loaners; early marketing units or employee purchases administered as internal HPE orders.

Products Not Eligible:

Customized Products: Products that are customized and not otherwise marketable by HPE (e.g., products specifically designed for a particular customer that cannot be sold to another customer).

Refurbished products: HPE branded product
Consumable products: Separately packaged HPE branded software cannot be returned to Hewlett Packard Enterprise.

Third Party Options: Where returns are otherwise governed by the original manufacturer - Note: The original manufacturer may provide their own warranties. The return guidelines should be confirmed with the customer support representative when requesting a Return Material Authorization (“RMA”).

Product not purchased direct from HPE: Which means product purchased from another source, such as a reseller, distributor, etc., under a separate contract between end user and reseller.

RETURN OF PRODUCTS
Defective Product:

For product that is defective on arrival, it is recommended that customers call Technical Support at 1-844-806-3425 to determine if the product can be corrected. Or, the customer may utilize the 30 day goodwill return policy. Also the customer may contact the HPE North America Customer Care Team via email: VALOM-US[email protected], to report product that was defective on arrival and obtain warranty service for HPE Product, or obtain contact information for warranty services provided by other manufacturers.

Carrier Related Loss or Damaged Shipments:

Customers should note damages or shortages on the Bill Of Lading at the time of delivery. Within a reasonable time or not later than 30 days from delivery, notify the HPE Customer Care Team and provide a copy of the Bill of Lading/Packing Slip.

Concealed damage(s) or shortage(s), where the box is in good condition but product is missing or damaged, is an exception and should be reported as soon as practicable after delivery in order for HPE to establish the claim with the carrier.

HPE is committed to customer satisfaction and values our relationship with State and Local Government and Education Customer. To show our commitment, HPE is providing a goodwill right to return, or exchange unused products within 30 days from receipt of the product. HPE does not charge a restocking or handling fee for product returned within 30 days. It’s at HPE’s sole discretion to accept return products after 30-days. If a product return is accepted after 30-days a restocking fee may apply.

Procedures for Returns:

The State or Local Government and Education Customer should contact the assigned Customer Service Representative (CSR) via email: [email protected], to coordinate returns or replacements within 30 days from delivery of product. At that time a case number will be assigned to the request while HPE validates it and proceeds (24 -48 hours). Once a Return Material Authorization is approved, the Care Agent will submit an e-claim and an RMA number is assigned to it. This e-claim triggers a return label with HPE selected carrier (usually CEVA) and CEVA sends out a questionnaire to the customer that needs to be responded no later than 7 calendar days. Once the carrier receives the questionnaire, pick up should be scheduled for the returning material no later than 30 calendar days from the date of the request. The Customer Care Team Representative will assist the Customer on any other details or specifics regarding returns, credits and refunds.

Returns Policy, SLED Atta
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Attachment D - State and Local Government and Education Customer Return Policy; EULA Hewlett Packard Enterprise reserves the right to refuse any return that does not meet the requirements stated below:

Package - Product must be returned in the original shipping packaging. In the event the packaging is not available or unusable, it must be noted when requesting an RMA.

If possible, remove all mailing labels on the outside of the box that references the customer address or simply mark out the mailing labels address with a marker. The customer will either receive a mailing label via email that should be attached to the return products and/or will be provided a label by the carrier. Be sure to mark your RMA number on the box.

If product for more than one RMA is being returned in the same box, make sure that all RMA numbers are listed on both the mailing label and packing list. If products are received at the Returns Center without valid RMA numbers on the mailing label, your credit may be delayed and proof of delivery or other supporting documentation may be required.

The RMA number(s) must appear clearly on the box, as returns will not be accepted without an RMA number.

Returns must be 100% complete, unused, in original and re-salable condition, with all original packaging, manuals, registration card(s), software, cabling and accessories. If, after the product has been returned and inspected, it is discovered that components are missing from the return, HPE reserves the right not to issue a credit for the return of the missing components. If it is determined that there are missing components when the product is returned, and the customer has received a credit, the customer may be issued an invoice for the missing component. Missing components may include but are not limited to keyboard, mouse, software, speakers, accessories, drives, memory, microprocessors, and processor boards.

RMA numbers that have been open for greater than thirty (30) days may be cancelled and the customer subsequently invoiced for the unreturned product. Another RMA can be requested as long as it is within the 30 days of receipt of the product. Please note that all returned products must be credited against the account and order from which the product was originally invoiced.

All products must be returned to the address provided by the HPE Customer Service Representative via email or by the carrier:

Hewlett Packard Enterprise Returns
c/o Alorica
423 New Sanford Road
Dock door 29
LaVergne, TN 37086

RMA XXXXXXXX
Returns Policy, SLED AttaPcahgmeen2toDf 2 Pagveer2.2o, fre4l. 04.2018 210 Attachment D Page 3 of 4
Attachment D - State and Local Government and Education Customer Return Policy; EULA End User License Agreement (“EULA”) - HPE NASPO ValuePoint Data Communications Contract #[insert]

1. Applicability. This end user license agreement (the "Agreement") governs the use of accompanying software, unless it is subject to a separate agreement between you and Hewlett Packard Enterprise Company and its subsidiaries (“HPE”).

2. Terms. This Agreement includes supporting material accompanying the software or referenced by HPE, which may be software license information, additional license authorizations, software specifications, published warranties, supplier terms, open source software licenses and similar content ("Supporting Material").

3. Electronic Delivery. HPE may elect to deliver software and related software product or license information by electronic transmission or download.

4. License Grant. If you abide by this Agreement, HPE grants you a non-exclusive, non-transferable license to use one copy of the version or release of the accompanying software for your internal purposes only, and is subject to any specific software licensing information that is in the software product or its Supporting Material. For non-HPE branded software, the third party’s license terms will govern its use. Your use is subject to the following restrictions, unless specifically allowed in Supporting Material:
− You may not use software to provide services to third parties. − You may not make copies and distribute, resell or sublicense software to third parties. − You may not download and use patches, enhancements, bug fixes, or similar updates unless you have a license to the underlying software. However, such license does not automatically give you a right to receive such updates and HPE reserves the right to make such updates only available to customers with support contracts.
− You may not copy software or make it available on a public or external distributed network. − You may not allow access on an intranet unless it is restricted to authorized users. − You may make one copy of the software for archival purposes or when it is an essential step in authorized use.
− You may not modify, reverse engineer, disassemble, decrypt, decompile or make derivative works of software. If you have a mandatory right to do so under statute, you must inform HPE in writing about such modifications.

5. Software Usage. Some software may require keys or other technical protection measures for access and HPE may monitor your compliance with the Agreement, remotely or otherwise.

6. 90-day Limited Warranty. Subject to the Master Agreement, HPE warrants that HPE-branded software materially conforms to its specifications, if any, and is free of malware at the time of delivery; if you notify HPE within 90 days of delivery of non-conformance to this warranty, HPE will replace your copy.

HPE does not warrant that the operation of software will be uninterrupted or error free, or that software will operate in hardware and software combinations other than as authorized by HPE in Supporting Material.

7. Termination. This Agreement is effective until terminated or in the case of a limited-term license, upon expiration; however, your rights under this Agreement terminate if you fail to comply with it. Immediately upon termination or expiration, you will destroy the software and documentation and any copies, or return them to HPE. You may keep one copy of software and documentation for archival purposes. We may ask you to certify in writing you have complied with this section.

8. General.
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Attachment D Page 4 of 4
Attachment D - State and Local Government and Education Customer Return Policy; EULA a. Transfer. You may not assign Software without prior written consent of HPE, payment of transfer fees and compliance with HPE's software license transfer policies. Authorized assignments will terminate your license to the software and you must deliver software and documentation and copies thereof to the assignee. The assignee will agree in writing to this Agreement. You may only transfer firmware if you transfer associated hardware. b. Audit. HPE may audit you for compliance with the software license terms. Upon reasonable notice, HPE may conduct an audit during normal business hours (with the auditor's costs being at HPE's expense). c. Open Source Components. To the extent the Supporting Material includes open source licenses, such licenses shall control over this Agreement with respect to the particular open source component. To the extent Supporting Material includes the GNU General Public License or the GNU Lesser General Public License: (a) the software includes a copy of the source code; or (b) if you downloaded the software from a website, a copy of the source code is available on the same website; or (c) if you send HPE written notice, HPE will send you a copy of the source code for a reasonable fee.

9. SaaS Provisions.
a. HPE Software-as-a-Service (HPE SaaS) Right of Use. For the duration specified in the Order, you may access and use HPE SaaS in accordance with Supporting Material and this Agreement. HPE may suspend your access to HPE SaaS where you provide false information when ordering, breach this Agreement, or use or attempt to use HPE SaaS in violation of law. You remains responsible for applicable fees through the date of suspension or termination. As long as HPE does not materially degrade the functionality of HPE SaaS: (i) HPE may modify the systems and environment used to provide HPE SaaS; and (ii) HPE may make any changes to HPE SaaS that it deems necessary or useful to maintain or enhance the quality or delivery of HPE’s services to its customers, the competitive strength of or market for HPE’s services, or HPE SaaS’ cost efficiency or performance. b. Usage Restrictions. You may only access HPE SaaS for its internal business purposes and not use for commercialization unless expressly permitted by Supporting Materials. You are responsible for any use of HPE SaaS through your credentials. Should you believe that there has been unauthorized use of your account, you must promptly notify HPE. You will not: (i) exceed any usage limitations identified in the Supporting Material; (ii) except to the extent expressly permitted in Supporting Material, sell, resell, license, sublicense, lease, rent, or distribute HPE SaaS or include HPE SaaS in other outsourcing offerings, or make any portion of HPE SaaS available for the benefit of any third party; (iii) copy or reproduce any portion of HPE SaaS; (iv) interfere with or disrupt the integrity or performance of HPE SaaS; (v) use HPE SaaS to send or store data that is obscene, offensive, libelous, tortuous or otherwise unlawful, violates any third party’s privacy rights, or infringes upon or misappropriates intellectual property rights; (vi) use HPE SaaS to disrupt or cause harm to a third party’s system or environment or evade filters; (vii) access HPE SaaS to build a competitive product or service; or (viii) reverse engineer HPE SaaS; (ix) disclose any information relating to the performance or operation of the HPE SaaS (including any benchmarking or other testing results) to any third party without the express prior written consent of HPE unless otherwise required by law; or (x) engage a third party to perform security testing on the HPE SaaS unless that third party enters into a written non-disclosure agreement directly with HPE. You will cooperate with HPE’s investigation of your compliance with the SaaS usage restrictions. You are responsible for complying with all terms of use for any software, content, service, or website you load, create, or access when using HPE SaaS. c. Data. You are solely responsible for the content created or placed into a HPE-provided system during your use of the HPE-provided system (“Customer-provided Data”). You will remain the sole and exclusive owner of all Customer-provided Data. You grant HPE the necessary rights to Customer-provided Data to allow HPE to use Customer-provided Data as necessary to provide such HPE-provided system, technical support, or as otherwise required by law.
212

STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-20-70-47-04
AMENDMENT 4

DATA COMMUNICATIONS
Utah NASPO ValuePoint Master Agreement Number AR3228
Hewlett Packard Enterprise Company (Contractor)
The parties mutually agree to amend Participating Addendum 7-20-70-47-04 as follows:
1) Section 21. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) REPORTING is hereby deleted and replaced with the following:
21 GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI)
DEFINITIONS:

For purposes of this Section, the following terms shall be given the meaning shown below. Capitalized terms used below and not defined in this Section shall have the meaning set forth in Section 1 (Definitions) or in the text of the IT General Provisions (rev. 09/05/2014) Artificial Intelligence (AI): an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments (Gov Code §§ 11549.64 & 11546.45.5).

GenAI Training Data: any content, information, or data that is used to train, tune, test, or validate a GenAI, including text, images, video, audio, code, or similar types of input.

Generated Data: any output, results, content, or other data that is produced by GenAI, including but not limited to text, images, video, audio, code, or similar types of output.

Generative AI (GenAI): an AI system that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system’s GenAI Training Data (Gov Code §11549.64).

Hallucination: Generated Data that is nonsensical, false, or misleading, and is not based on real or existing data, but is instead produced by bias or the GenAI’s extrapolation or creative interpretation of its Gen AI Training Data.

Materially Impacts: shall have the same meaning set forth in State Administrative Manual (SAM) 4986.2.
213

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Amendment 4
Prompt: any written, spoken, or rendered information provided as a query, command, or other form of input, to any GenAI in connection with this Contract. For avoidance of doubt, Prompt includes any input automatically detected or created by the GenAI, as well as any derivate works of a Prompt or collection of Prompts.

GENAI DISCLOSURE OBLIGATIONS:

Disclosure Obligations:
a) Contractor must immediately notify the State in writing if it: (1) intends to provide GenAI as a Deliverable to the State; or (2) intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any Deliverable that materially impacts: (i) functionality of the System, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the same meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.
b) Such notification shall be provided to the State designee identified in this Contract.
c) At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.
d) If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.

Failure to Disclose or Discontinue GenAI Use: The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract, for default pursuant to Section 23 (Termination for Default) of the IT General Provisions (rev. 09/05/2014)
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Amendment 4
All other terms and conditions of the Participating Addendum shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.

STATE OF CALIFORNIA CONTRACTOR

Department of General Services
Agency Name
Hewlett Packard Enterprise Company
Contractor Name
Printed Name/Title of Person Signing
707 Third Street 1701 East Mossy Oaks Road
West Sacramento, CA 95605 Spring, TX 77389
Address Address
215

STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-20-70-47-04
AMENDMENT 3

DATA COMMUNICATIONS
Utah NASPO ValuePoint Master Agreement Number AR3228
Hewlett Packard Enterprise Company (Contractor)

The parties mutually agree to amend Participating Addendum 7-20-70-47-04 as follows:
1) Section 21. GENERATIVE ARTIFIFICAL INTELLIGENCE (GENAI) REPORTING is hereby added to read as follows:

21.GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) REPORTING The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Upon request by an ordering agency, Contractor must complete a GenAI Reporting and Fact Sheet (STD 1000) to identify if their solution or service includes, or makes available, any GenAI including, GenAI from third parties or subcontractors.

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology.

At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.

If Contractor identifies GenAI in their solution, a copy of the STD 1000 must be submitted to the DGS State Contract Administrator.
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Participating Addendum 7-20-70-47-04

8/20/2024
Amendment 3
All other terms and conditions of the Participating Addendum shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.

STATE OF CALIFORNIA CONTRACTOR
Department of General Services
Agency Name
Digitally signed by Julie
Julie Matthews �=:��;4102s 1?00:12 10/25/2024
-07'00'
Authorized Signature Date Signed
Julie Matthews, MAU2 Supervisor
Printed Name/Title of Person Signing
707 Third Street
West Sacramento, CA 95605
Hewlett Packard Enterprise Company
Contractor Name
Authorized Signature Date Signed
Debra Laird, Manager, Contract Negotiations
Printed Name/Title of Person Signing
1701 East Mossy Oaks Road
Spring, TX 77389
Address Address
217

STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-20-70-47-04
AMENDMENT 2

DATA COMMUNICATIONS
Utah NASPO ValuePoint Master Agreement Number AR3228
Hewlett Packard Enterprise Company (Contractor)

The parties mutually agree to amend Participating Addendum 7-20-70-47-04 as follows:
1) Agreement is extended from September 30, 2024, to September 30, 2026.

Section 2. TERM, subparagraph A is revised to read as follows:

A. The term of this ParticipatinfJ Addendum shall begin June 1, 2020, or upon signature approval by the State, whichever is later and will end September 30, 2026, or upon termination by the State, whichever occurs first. 2) Section 16. CONTRACT MANAGEMENT is revised to read as follows:

A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:

Contractor Contract Manager
Name: Nancy Schwarz
Phone: (480) 636-0267
Email [email protected]
Address: Hewlett Packard Enterprise Company
1701 East Mossy Oaks Road
Spring, TX 77389
B. The State Contract Administrator for this Participating Addendum shall be as follows:

State Contract Administrator
Name: Katelynne Leisenring
Phone: (279) 946-8129
Email: [email protected]
Address: State of California
Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
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Participating Addendum 7-20-70-47-04

3) Section 20. EXECUTIVE ORDER N-6-22 - RUSSIA SANCTIONS is hereby added to read as follows:

20. EXECUTIVE ORDER N-6-22 - RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6- 22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Participating Addendum. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least thirty (30) calendar days to provide a written response. Termination shall be at the sole discretion of the State.

All other terms and conditions of the Participating Addendum shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.

STATE OF CALIFORNIA CONTRACTOR
Department of General Services
Agency Name
Digitally signed by Julie
Hewlett Packard Enterprise Company
Contractor Name
Julie Matthews �:!h�40123102022
-07'00' 7/23/2024
Authorized Signature Date Signed
Julie Matthews, MAU2 Supervisor
Printed Name/Title of Person Signing
707 Third Street
West Sacramento, CA 95605
Authorized Signature Date Signed
Debra A. Laird, Manager, Contract Negotiations
Printed Name/Title of Person Signing
1701 East Mossy Oaks Road
Spring, TX 77389
Address Address
4/22/2024
219

STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-20-70-47-04
AMENDMENT 1

DATA COMMUNICATIONS
Utah NASPO ValuePoint Master Agreement Number AR3228
Hewlett Packard Enterprise Company (Contractor)

Department of General Services
The parties mutually agree to amend Participating Addendum 7-20-70-47-04 as follows:
1) All references to Utah NASPO ValuePoint Master Agreement Number AR3288 within the Participating Addendum are revised to AR3228.

All other terms and conditions of the Participating Addendum shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date of execution by both parties below.

STATE OF CALIFORNIA CONTRACTOR
707 Third Street 6280 America Center Drive
West Sacramento, CA 95605 San Jose, CA 95002
Address Address
220

STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-20-70-47-04

DATA COMMUNICATIONS
Utah NASPO ValuePoint Master Agreement Number AR3288
Hewlett Packard Enterprise Company (Contractor)
This Participating Addendum Number 7-20-70-47-04 is entered into between the state of California, Department of General Services (hereafter referred to as “State” or “DGS”) and Hewlett Packard Enterprise Company (hereafter referred to as “Contractor”) under the lead state of Utah NASPO ValuePoint Master Agreement Number AR3288.

1. SCOPE
A. This Participating Addendum covers the purchase of Data Communications products and associated services under the Utah NASPO ValuePoint Master Agreement. The Utah NASPO ValuePoint Master Agreement Number AR3288 is hereby incorporated by reference. Product/service categories included under this Participating Addendum are identified in Section 5 (Available Products and Services).

B. This Participating Addendum is available for use by California state agencies and local governments. A local government is defined as any city, county, city and county, district, or other local governmental body, school district or corporation empowered to expend public funds. The State Agency Listing (https://www.ca.gov/agenciesall/) provides a comprehensive list of state agencies.

C. Each local government is to make its own determination whether this Participating Addendum and the Utah NASPO ValuePoint Master Agreement are consistent with its procurement policies and regulations.

2. TERM
A. The term of this Participating Addendum shall begin June 1, 2020, or upon signature approval by the State, whichever is later and will end September 30, 2024, or upon termination by the State, whichever occurs first.

B. Lead State amendments to extend the NASPO ValuePoint Master Agreement term date are not automatically incorporated into this Participating Addendum.

Extension(s) to the term of this Participating Addendum will be through a written amendment upon mutual agreement between the State and the Contractor.

C. Order placement and execution shall be on or before the expiration of this Participating Addendum. However, delivery of products or completion of services may be after the Participating Addendum expiration date. 221
Participating Addendum 7-20-70-47-04

3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS
A. Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of goods or services made under this Participating Addendum. 1) General Provisions – Information Technology (GSPD-401IT) effective 9/5/2014. This document can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page-Content/ProcurementDivision-Resources-List-Folder/Model-Contract-Language). 2) Cloud Computing Software as a Service (SaaS) General Provisions effective 6/7/2019. This document can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page-Content/ProcurementDivision-Resources-List-Folder/Model-Contract-Language). 3) Cloud Computing Special Provisions for Software as a Service (SaaS) effective 03/15/18. This document can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/PageContent/Procurement-Division-Resources-List-Folder/Model-ContractLanguage).

4. ORDER OF PRECEDENCE
A. In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply:
1) California Participating Addendum Number 7-20-70-47-04 2) Utah NASPO ValuePoint Master Agreement Number AR3288

5. AVAILABLE PRODUCTS AND SERVICES
A. The following product and service categories are listed in the Utah NASPO ValuePoint Master Agreement AR3288:
1) Category 1.2 Networking
2) Category 1.3 Routers, Switches, Security, and Storage Networking 3) Category 1.4 Wireless

6. RESTRICTIONS/DISALLOWED PRODUCTS AND SERVICES
A. The following product and service offerings are prohibited under this Participating Addendum.
1) Leasing
This restriction is not applicable to local governments. 222
Participating Addendum 7-20-70-47-04

B. Products and services that are available on the California Network and Telecommunications (CALNET) Program and mandatory California statewide contracts cannot be purchased from this Participating Addendum by non-exempt state agencies without an exemption.

State agencies are responsible for contacting the California Department of Technology (CDT) for CALNET contract exemptions and the DGS Procurement Division for mandatory statewide contract exemptions in accordance with the published User Instructions prior to issuing a purchase order.

This restriction is not applicable to local governments.

C. Services that fall within the definition of “public works” as defined in Public Contract Code, Section 1101 and Labor Code Section 1720 are disallowed under this cooperative agreement and must be procured by alternate means.

This restriction is not applicable to local governments.

7. PRICING
Contractor is responsible for maintaining a current price list of available products and services on the NASPO ValuePoint Data Communications 2019-2026 website.

8. AUTHORIZED RESELLERS
A. Contractor may use State-approved Authorized Resellers under this Participating Addendum for sales and service functions as defined herein. 1) Authorized Resellers must accept purchase orders and accept payment from ordering agencies for products and services offered under this Participating Addendum.
2) Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements.
3) All purchase documents to Authorized Resellers shall reference the Participating Addendum Number and Contractor Name.

B. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Authorized Resellers. All State policies, guidelines, and requirements shall apply to Authorized Resellers.

C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements. 223
Participating Addendum 7-20-70-47-04

D. Subject to the approval of the State, Authorized Resellers may be added on a quarterly basis during the term of the contract. Contractors shall notify the State of any deleted Authorized Resellers or changes to current Authorized Resellers’ contact information in writing at any time during the contract term.

E. Contractor will be required to submit Authorized Reseller requests, in a format specified by the State, to the State Contract Administrator for approval.

F. State-approved Authorized Resellers will be posted on the State’s Cal eProcure website.

9. SUBCONTRACTORS
The Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted.

10.ORDERING AGENCY RESPONSIBILITIES
A. State agency and local government use of this Participating Addendum is optional.

B. State agencies and local governments must follow the ordering procedures outlined within the User Instructions guide, administered by the State Contract Administrator, to execute orders against this Participating Addendum. User Instructions are posted on the State’s Cal eProcure website.

11.STATE AGENCY BUY RECYCLED CAMPAIGN (SABRC)
A. State agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign (SABRC) per Public Contract Code sections 12200-12217.

B. Contractor will be required to complete and return a Recycled-Content Certification form (https://www.calrecycle.ca.gov/contracts/forms) upon request by a state agency.

12.DELIVERY
A. Delivery shall occur within 30 days after receipt of order, or as negotiated between ordering agency and contractor and included in the purchase order, or as otherwise stipulated in the NASPO ValuePoint Master Agreement.

B. Free On Board (F.O.B.) Destination to the ordering agency’s receiving point. 224
Participating Addendum 7-20-70-47-04

13.INVOICING AND PAYMENT
A. Payment terms for this Participating Addendum are net 45 days. Payment will be made in accordance with IT General Provisions Paragraph 30 (Required Payment Date).

B. Invoices shall be sent to the address identified in the ordering agency’s purchase order. The State Participating Addendum Number and ordering agency purchase order number shall appear on each invoice for all purchases placed under this Participating Addendum.

C. Contractor will accept the State of California credit card (CAL-Card) for payment of invoices.

14.USAGE REPORTING
A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the report template attached hereto as Attachment A. The report is due even when there is no activity.

B. The DGS Contract Administrator reserves the right to modify Attachment A and require Contractor to provide additional order information during the course of this Agreement.

C. The report shall be an Excel spreadsheet transmitted electronically to the DGS Cooperatives mailbox ([email protected]).

D. Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting corrected reports within five business days of the date of written notification from the State.

E. Tax must not be included in the report, even if it is on the purchase order.

F. Reports are due for each quarter as follows:

Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
G. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this contract. 225
Participating Addendum 7-20-70-47-04

H. Time extensions may be approved only if all due reports have been submitted to the State.

15.ADMINISTRATIVE FEE
A. Contractor shall submit a check, payable to the State of California, remitted to the Cooperative Agreement Unit for the calculated amount equal to 1.25% of the sales for the quarterly period.

B. Contractor must include the Participating Addendum Number on the check.

Those checks submitted to the State without the Participating Addendum Number will be returned to Contractor for additional identifying information.

C. Administrative fee checks shall be submitted to:

State of California
Department of General Services, Procurement Division
Attention: Cooperative Agreement Program
707 3
rd Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
D. The administrative fee shall not be included as an adjustment to Contractor’s NASPO ValuePoint Master Agreement pricing.

E. The administrative fee shall not be invoiced or charged to the ordering agency.

F. Payment of the administrative fee is due irrespective of payment status on orders or service contracts from a purchasing entity.

G. Administrative fee checks are due for each quarter as follows:

Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this contract. 226
Participating Addendum 7-20-70-47-04

16.CONTRACT MANAGEMENT
A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:

Contractor Contract Manager
Name: Nancy Schwarz
Phone: (480) 636-0267
Email [email protected]
Address: Hewlett Packard Enterprise Company
6280 America Center Drive
San Jose, CA 95002
B. The State Contract Administrator for this Participating Addendum shall be as follows:

State Contract Administrator
Name: Julie Matthews
Phone: (916) 375-4612
Email [email protected]
Address: State of California
Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
C. Should the contact information for either party change, the party will provide written notice with updated information no later than ten business days after the change.

17.TERMINATION OF AGREEMENT
The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible and intangible, as may facilitate the orderly, non-disrupted business continuation of each party.

This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective.
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18.AMENDMENT
No amendment or variation of the terms of this Participating Addendum shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Participating Addendum is binding on any of the parties.

19.AGREEMENT
A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof.

Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected.

The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms.

B. By signing below Contractor agrees to offer the same products/and or services as on the Utah NASPO ValuePoint Master Agreement Number AR3288, at prices equal to or lower than the prices on that contract.

C. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.

STATE OF CALIFORNIA CONTRACTOR
Department of General Services Hewlett Packard Enterprise Company 707 Third Street 6280 America Center Drive
West Sacramento, CA 95605 San Jose, CA 95002
Address Address
Agency Name
228
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: October 21, 2025
Agenda Item #:10
Agenda Item: Amendment to Agreement for Construction Management Services with SierraCon Inc.

Executive Summary: In July 2025 based on City Staff’s request for increased supervision levels at the Recreation & Aquatics Center, SierraCon allocated an additional full-time member of their staff. The original agreement negotiated and agreed upon between City & SierraCon included 4,124 hours of services provided from November of 2023 through December of 2025. Current projections through December of 2025 have SierraCon hours equaling 6,358. Staff has discussed with SierraCon to provide cost estimates for the increased time allocation required to complete the project. The weighted average $/HR previously agreed upon is $215/hr. Based on an hourly calculation; the total change order would be approximately $480,310. Instead of this amount, SierraCon has offered to extend their average monthly billing after 100% utilization – bringing the total amount for this contract Amendment to $140,627.80 to provide services through December 2025.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No. 4 to Professional Services Agreement with SierraCon Inc. for an additional $140,627.80 for a total not-to-exceed amount of $2,753,172.80 for added scope of services for the Multigenerational Recreation and Aquatics Center.

Responsible Staff Member: Ricky Riddle, Construction Manager/Facilities Program Manager Reviewed and Approved By: John Dickinson, Interim Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - Amendment No. 4 Sierracon.docx
02 - Base Contract.pdf
03-Amendment1.pdf
04-Amendment2.pdf
05-Amendment3.pdf
06-Amendment 4 to Agreement with Sierracon.pdf
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City of South Lake Tahoe
Report to City Council
Meeting Date: October 21, 2025
Title: Amendment 4 to Professional Services Agreement for Construction Management Services with SierraCon Inc.

Location: 1100 Rufus Allen Boulevard, South Lake Tahoe, CA Responsible Staff Member: Ricky Riddle, Construction Manager/Facilities Program Manager Background: On March 16, 2021, the City Council approved an agreement with SierraCon Inc. (SierraCon) for Construction Management Services for the Multi-Generational Recreation and Commissioning Services.

The Construction Manager (CM) represents the owner’s interest and provides oversight over the entire project directly for the owner. His/her mandate is to work with all parties to deliver the project on time, at or under budget, and to the owner’s expected standard of quality, scope, and function. The earlier a professional construction manager is retained, the greater the benefits.

Recognizing this need and in discussion with the project team, staff begin soliciting firms' qualifications to provide construction management services through all phases (design, bid, build). Staff released a Request for Qualifications (RFQ) to the public on January 5, 2021.

Five hundred and twenty-two (522) firms specializing in construction management were electronically notified. Sixty-two (62) firms registered as bidders and downloaded the RFQ documents. The Department of Public Works received electronic submittals on February 3, 2021. The City received thirteen (13) Statements of Qualifications (SOQ’s).

All submittals received were distributed to the five (5) City’s evaluation team members. Each one of the team members evaluated and then numerically scored each proposal based on the criteria outlined in the RFQ. The scores of all five evaluators were then added to achieve a cumulative score for each submittal and then averaged to obtain the initial review scoring, which provided a ranking. SierraCon Inc. was selected for the Pre-Construction and Bidding Phase for $791,243. The Construction phase was included in the scope of services to be determined at a later time. On March 16, 2021, the City Council approved a base contract in the amount of $791,243 for Construction Management Services with SierraCon. On July 20, 2022, the City Council approved Amendment 1 for $330,072 for additional construction management services related to the design phase of the project. On April 6, 2023, the City Council approved Amendment 2 for $323,072 for construction management services related to Phase 1 construction, bringing the total contract value to $1,444,387. On November 7, 2023, the City council approved amendment 3 for $1,168,000 for construction management services related to Phase 2 Construction bringing the total contract value to $2,612,545.
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Issue and Discussion: Phase 2 construction sequence has been in progress since May 2024.

Over the course of construction, SierraCon has helped to identify and resolve numerous unexpected issues pertaining to the success of the Recreation and Aquatics center.

SierraCon has provided a full-time staff member throughout the duration of the project that has assisted staff with providing the following services:
- Monitoring communication and performance of GC to identify risks of additional delays, change orders, cost overruns or potential claims and advise City accordingly.
- Review and respond to all Change Orders
- Review T&M tickets for verification
- Review and respond to new submittals, and review old submittals for completeness - Review deferred submittal process
- Review LEED requirements process & monitor progress
- Review of RFI’s
- Review Test Reports, notify City of any issues
- Issues Tracking
- Review work for T&M scope
- Manage Commissioning Agent (UNVC)
- Review Specs and Drawings as necessary for GC management - Keep Architect on task (JKAE)
- Review of GC payment applications
- Attend weekly meetings (pre-OAC, OAC, RFI, PCO, any additional meetings as req’d) - Provide monthly project progress reports
- Review and comment on GC’s schedule updates
- Create and manage the schedule Impact Log
- Write CCDs for City signature
- Assist with FF&E RFP and Buyout
- Create List/Specifications of (FF&E) Pool Parts for Bidders - Review on site BMPs
- QA/QC equipment installations and finishes
- Inspect onsite Heavy Machinery per Safety Protocols and tab unsafe equipment - Review Pay Apps for % complete accuracy in reference to site progress, incl. stored materials
- Provide Quantity Take-Offs for all T&M Tickets, CEs, PCOs, and PCCOs of concern to control costs
- Continually monitor the schedule to control creep and identify delay Starting in May of 2025, city staff in accordance with SierraCon received a delayed construction schedule from the general contractor (Roebbelen). At this time, staff requested additional assistance from SierraCon to evaluate the viability of the schedule update as well as all associated Risk’s. Collaboratively, it was found that Roebbelen had potential contract deficiencies resulting in some amount of the projected schedule delay. City staff worked with SierraCon & Roebbelen to request recovery schedules, execute all submittals and deferred design elements, and incorporate approved changes into the project schedule. Given the City Staff vacancies, the volume of work, and risk of further delay, City Staff request additional assistance from SierraCon to ensure the success of the project.
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In July 2025 based on City Staff’s request for increased supervision levels, SierraCon allocated an additional full-time member of their staff. The original agreement negotiated and agreed upon between City & SierraCon included 4,124 hours of services provided from November of 2023 through December of 2025. Current projections through December of 2025 have SierraCon hours equaling 6,358.

Staff has discussed with SierraCon to provide cost estimates for the increased time allocation required to complete the project. The weighted average $/HR previously agreed upon is $215/hr.

Based on an hourly calculation; the total change order would be approximately $480,310. Instead of this amount, SierraCon has offered to extend their average monthly billing after 100% utilization – bringing the total amount for this contract Amendment to $140,627.80 to provide services through December 2025. SierraCon’s services are critical to the overall success of this project, and their willingness to provide the services of 2 full-time employees, in addition to the assistance provided by their senior staff, at the same monthly rate previously agreed upon signifies their commitment to the project and extreme professionalism.

SierraCon’s original cost estimate included additional time for Post Construction Services, as well as CM efforts through February 2026. At this time staff is not recommending award of these additional funds and additional consideration will be given to these items as the project approaches completion. Staff will return at a future council meeting if necessary to recommend additional services.

The general scope of work by SierraCon is reflected above, as well as in Attachment A.

SierraCon Contract C-029-2021
Contract Item Description Value
Base Contract $791,243
Amendment 01 Scope changes due to larger facility design $330,230 Amendment 02 CM Services Phase 1 $323,072
Amendment 03 CM Services Phase 2 $1,168,000
Total Total Contract Value to Date $2,612,545
Amendment 04 Increased scope due to project delay & staffing $140,627.80 Table A – Approved Contract Change Orders affecting existing Project Contingency Appropriation Financial Implications:

The additional services total $140,627.80. Staff recommends funding the additional services utilizing the available 5% contingency balance in the project account. The Construction contingency allocated by resolution 2023-073 with Roebbelen Contracting Inc. and by the bond proceeds reconciliation resolution 2023-086 was $3,392,555. To date, construction contingency usage has totaled $2,461,181.96 with an estimated $669,797.81 in additional pending construction change orders (final amounts are still in negotiations.)
 Original construction contingency of $3,392,555.
 Construction contingency use of $2,461,181.96 to date.  Estimated $931,373 remaining
 Estimated $669,797.81 use through end of project, subject to change. (Including this amendment) 232
Council Agenda Report October 21, 2025 Page 4 of 5
Environmental Considerations:

California Environmental Quality Act (CEQA) negative declaration documents for the 56 Acre Master Plan and the Recreation and Aquatics Center were approved by the State Clearing House (file #2021120206) and the Notice of Determination filed with the El Dorado County Clerk on 1/19/2022.

Policy Implications:

The project is consistent with the following Strategic Plan, General Plan, Community Plan and Recreation Plan documents:

Strategic Plan 7.1 – Recreation and Equitable Access for All

1. Complete the new Recreation and Swim Complex and in the meantime, maintain the current complex for resident use.

General Plan Policy LU‐3.2: Neighborhood and Recreation Connectivity. The City shall improve connections and access to a wide range of recreational opportunities, which will improve the quality of life of residents and visitors.

General Plan Policy LU‐8.1: Mountain Architectural Theme. The City shall promote the use of a “mountain” architectural theme in all new and remodeled developments. Mountain architecture features the use of pitched roofs, natural colors, and natural material such as rock and wood.

General Plan Policy LU‐8.2: Native Plant Use. The City shall require the most environmentally efficient and attractive landscaping at all City‐owned public buildings and encourage their use and maintenance on private property.

General Plan Policy LU‐9.1: Sustainable Construction Methods. The City shall promote the use of “green” and sustainable construction in new housing units, commercial developments, and mixed‐ use centers.

General Plan Policy LU‐11.3: Equitable Distribution of New Public Facilities and Services. The City shall plan for the equitable distribution and use of new and upgraded public facilities and services that increase and enhance the entire community’s quality of life.

General Plan Policy LU‐11.4: Quality of Life for all Age Groups. The City shall develop a strategy to provide amenities and facilities that support a high quality of life for all age groups.

General Plan Policy ED‐1.10: Expanding Events and Entertainment Opportunities. The City shall encourage the sponsors of sporting events, festivals, parades, international competitions, and entertainment shows to hold events at public (e.g., Parks and Recreation facilities, roads, or public lands) and private facilities in South Lake Tahoe, particularly during off‐season (Spring and Fall).

The City shall also participate in community organizations specifically formed for this purpose (e.g., Sports Commission).

General Plan Policy PQP‐8.4: Coordination with Utility Providers. The City shall coordinate with gas and electricity service providers to site and design gas and electric systems to minimize environmental, aesthetic, and safety impacts to existing and future residents. 233
Council Agenda Report October 21, 2025 Page 5 of 5
General Plan Policy PQP‐10.1: Social Activity Centers. The City shall design new community centers and other types of public facilities as social activity centers.

General Plan Policy PQP‐10.2: Energy Efficiency in City Buildings and Facilities. The City shall incorporate energy efficiency standards into all City‐owned. 234

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the Sixteenth day of March 2021 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and SierraCon, Inc., a California corporation (“Consultant”).

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

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

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

AGREEMENT

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

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

All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services,” attached hereto and incorporated herein by reference. Exhibit B, “Compensation Schedule,” attached hereto and incorporated herein by reference, outlines the fees and compensation which shall be paid pursuant to this Agreement.

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for 3.5 years.

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3. Compensation. Compensation to be paid to Consultant shall be made monthly based on Project progress for Phase I (Preconstruction) and Phase II (Bidding) 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 $791,243 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 percentage of Project progress complete, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

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

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

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

7. Ownership of Documents.

All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees C-029-2021
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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, and such records shall be available at Consultant’s address indicated from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents C-029-2021
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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 C-029-2021
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costs and expenses in connection therein), arising out of Consultant’s performance of this Agreement or caused in any way by Consultant’s negligence or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City. Consultant agrees to defend City from and 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 the performance of work under 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 C-029-2021
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at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.

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b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies.

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The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

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: SierraCon, Inc. ATTN: Joe Stewart
PO Box 7171
South Lake Tahoe, CA 96158
530-545-9570
https://sierracon.biz
Provide a copy to:

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be C-029-2021
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permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor 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. City acknowledges that CORE Construction is an approved subcontractor.

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 C-029-2021
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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 DrugFree Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free work place by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation, and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.

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

C-029-2021
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24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.

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

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

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

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.

C-029-2021
DocuSign Envelope ID: 8055737B-2925-4D78-8044-5167FDB37CAE 246
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CONSULTANT:

By ________________________________
Joe Stewart, Owner
Date _____________________________
Business License # ___________________
Date ________________________________
Date ________________________________
CITY OF SOUTH LAKE TAHOE:

By___________________________
Tamara Wallace, Mayor
Date __________________________
APPROVED AS TO FORM:

By____________________________
Heather Stroud, City Attorney
ATTEST:

By______________________________
Susan Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
C-029-2021
DocuSign Envelope ID: 8055737B-2925-4D78-8044-5167FDB37CAE 3/19/2021
3/22/2021
3/22/2021
3/22/2021
009926
247

EXHIBIT A

SCOPE OF SERVICES
C-029-2021
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SECTION 3 - SAMPLE SCOPE OF WORK - PRE-CONSTRUCTION PHASE:

3.1 General: The Sample Scope described herein is not intended to define all duties and tasks required. The Sample Scope of Work is intended to relay the City’s general intentions regarding minimum task requirements per phase. If any services, functions or responsibilities are not specifically described in this section, but are necessary for the proper performance and execution of the Services, they shall be deemed to be implied by and included within the scope of the Services to the same extent and in the same manner as if specifically described herein. Proposer shall be solely responsible for the labor, supplies, materials, means, methods, techniques, sequences and procedures utilized to perform the Services in accordance with the Contract.

3.2 Meetings: Note: Due to the COVID19 Pandemic and safe practices protocol, all meetings shall be virtual until otherwise directed.

3.2.1 Conduct weekly meeting with Owner’s representatives.

3.2.2 Attend two (2) monthly project meetings with Architect and Owner for duration of preconstruction services. Review meeting minutes and related documents for completeness and accuracy. Schematic Design and Design Development Phases (pre-construction services) are estimated to be fourteen (14) months.

3.2.3 Attend up to six (6) public/stakeholder meetings for duration of pre-construction services.

3.3 General Scope of Work:

3.3.1 Maintain project schedule and advise Owner of schedule issues/concerns.

3.3.2 Monitor the development of the Design Drawings and Construction Documents and advise owner of feasibility, constructability, conflicts, constraints, and possible alternatives with respect to maintaining project budget.

3.3.3 Advise City team on proposed materiality, and finishes, site use and improvements, equipment and systems, including sustainable building elements. Propose alternatives with respect to maintaining project budget.

3.3.4 Provide recommendations on relative feasibility of construction methods required to produce project as designed and availability of materials and labor for such within the Lake Tahoe Region.

3.3.5 Advise City team on time requirements for procurement, installation, and construction of specialized architectural and mechanical elements including sustainable building components and elements as proposed in design documents. Advise City of potential long lead items that may cause construction schedule delays, provide alternatives if applicable.

3.3.6 Perform interdisciplinary reviews of the design documents and contract document submittals. Review plans and specifications for coordination and completeness. Identify construction details necessary to construct the project so as to avoid potential construction cost increases. Provide a written summary in a format acceptable to the Owner. Verify that the comments are incorporated into the contract documents if applicable.

3.3.7 Perform independent cost analysis of each of the Architects cost estimates utilizing local cost conditions calculated to mid-point of scheduled construction year of construction. At end of Design Development phase (95%) provide an independent cost estimate for construction of the entire project as designed including but not limited to all hard and soft costs required for C-029-2021
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commissioning of the facility utilizing local cost conditions. All preliminary, intermediate, and final cost estimates shall be used for comparative analysis against Architect’s estimates and to establish project bid estimate.

3.3.8 Propose alternative designs or materials to design team on behalf of the Owner to maintain project budget/schedule, and to generally construct project as designed.

3.3.9 Advise Owner and Design Team of site logistics including but not limited to: adequacy of access, site staging, lay down area(s), heavy construction equipment placement, de-watering (if applicable), excavation protection (piling, trench protection), temporary utility tie-ins, temporary facilities, and maintaining access to open adjacent facilities etc. Provide comments to design team for incorporation into design documents and specifications if applicable.

3.3.10 Coordinate Architects development of bid package with Owner during design development. Coordinate as the Owner’s representative, all submittals and reviews to/from City Planning and Building Departments for purposes of satisfying pre-bid requirements. Ensure bid documents contain all necessary federal, state and local language with respect to funding and regulatory requirements.

3.3.11 Coordinate on behalf of the Owner, the Architect’s progress towards completion of the Design Development phase including all required permitting and approvals required to advertise bid.

3.3.12 Produce preliminary construction schedule based on consultant’s construction management experience with similarly designed projects in the Lake Tahoe Basin including grading limitations and environmental protections.

3.3.13 Assist Owner with verifying Architect’s applications for payment

3.3.14 Assist Owner with project reporting as required for grants, permitting agencies, and regulatory agencies.

END OF SECTION.

SECTION 4 - SAMPLE SCOPE OF WORK – BIDDING PHASE:

4.1 General: The Sample Scope described herein is not intended to define all duties and tasks required. The Sample Scope of Work is intended to relay the City’s general intentions regarding minimum task requirements per phase. If any services, functions or responsibilities are not specifically described in this section, but are necessary for the proper performance and execution of the Services, they shall be deemed to be implied by and included within the scope of the Services to the same extent and in the same manner as if specifically described herein. Proposer shall be solely responsible for the labor, supplies, materials, means, methods, techniques, sequences and procedures utilized to perform the Services in accordance with the Contract.

4.2 Meetings: Note: Due to the COVID19 Pandemic and safe practices protocol, all meetings shall be virtual until otherwise directed.

4.2.1 Meetings:
a) Attend one (1) pre-bid meeting,
b) Attend one (1) bid opening meeting,
C-029-2021
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c) Attend up to six (6) bid evaluation meetings with Owner/Architect.

4.3 General Scope of work:

4.3.1 On behalf of Owner, review for completeness, approve and accept final bid documents from Architect and acknowledge to the Department of Public Works, the documents are acceptable for release. Verify all federal, state, and local language and documents are complete and in place.

4.3.2 Assist Owner with advertisement of bid including but not limited to: electronic notification, and local paper and trade journal notifications.

4.3.2 Act as Owner’s representative in coordinating Requests for Information (RFI) from bidder to Architect along with coordination of response. Document and file all communication.

4.3.3 Coordinate with Architect, the preparation and release of addenda as may be required during bid phase. If addenda may produce an increase in construction cost; provide cost analysis and recommend adjustment to project cost estimate as required. Establish party responsibility for potential cost increase.

4.3.4 Co-conduct pre-bid meeting with Owner and Architect. Review and Comment on meeting minutes produced by Architect. Track and review all questions and answers.

4.3.5 On behalf of Owner, attend bid opening as the Owner’s Representative, log all meeting info, and coordinate bidder’s requests for documents with Architect if applicable.

4.3.6 On behalf of Owner, log post bid questions and requests. Receive and process to Owner any public requests for documents.

4.3.7 Evaluate Bids in coordination with Architect and Department of Public Works Staff.

Create bid evaluation report. Verify project budget in relation to the three lowest and responsive bids.

4.3.8 Recommend in writing, the lowest responsive bidder to Owner. Provide analysis of bidder’s submittal for use in City Council Award report.

END OF SECTION.

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EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
C-029-2021
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C-029-2021
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EXHIBIT C

ANTI-LOBBYING CERTIFICATION
Consultant shall submit to City this certification prior to or at the time of the execution of this Agreement.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.

The undersigned certifies, to the best of his or her knowledge or belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction.

Consultant:

Name, Title
By:________________________________________
C-029-2021
DocuSign Envelope ID: 8055737B-2925-4D78-8044-5167FDB37CAE Joe Stewart, Owner
254
AMENDMENT No. 1 TO PROFESSIONAL SERVICES AGREEMENT
The Professional Services Agreement ( C-029- 2021) ntered into on March 16, 2021, between the City of South Lake Tahoe, a municipal corporation (" CITY") and SierraCon/ CORE CONSULTANT") is hereby amended as set forth below.

The terms of the Professional Services Agreement are hereby amended to read as follows:
m

1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated March 16, 2021, this Amendment to the Agreement adds the work described within Exhibit A " Compensation Schedule", attached hereto and incorporated herein by reference, is hereby amended to include the additional fees and compensation included with Exhibit A, Amendment No. 1 to the Agreement.

2. Term/ Time of Perfor ance. 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 May, 2025. Time is of the essence, and failure of Consultant to perform the services required by this Agreement, as amended, by May 2025 shall constitute a material breach ofthis Agreement as amended.

3. Compensation. Compensation to be paid to the Consultant, as defined within the original Agreement is hereby increased with this Amendment No. 1 by the sum of 330,072 as described within Exhibit A attached hereto. In no case shall Consultant compensation for work completed under this Agreement exceed the amended Agreement amount of $791,243 plus the additional fee of $330,072 for an amended total fee of 1,121,315 without written authorization from the City. Payment by the City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time ofpayment.

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

CITY OF SOUTH LAKE TAHOE CONSULTANT :
t:::<..

By: Devin Middlebrook ( Jul 20, 2022 09:03 PDT) Jul20, 2022 Devin Middlebrook, Mayor
APPROVED AS TO FORM:

IJwo Heather Stroud ( Jul 20, 2022 08:5S PDT)
Heather Stroud, City Attorney
L&.) Jul20, 2022 By: ( J ------------
Joe Stewart
President - SierraCon/ CORE
Business License # 009926
ATTEST:

Sue Blankenship ( Jul 20, 2022 08:52 PDT) Jul20, 2022
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.

C-107-2022 255
City ofSouth Lake Tahoe Recreation & Aquatic Center
City of South Lake Tahoe
Jim Marino
Capital Improvement Program and Facilities Program Manager Department of Public Works
1740 D Street
South Lake Tahoe, CA 96150
RE: Recreation & Aquatic Center CM/PM Services Proposal Dear Mr. Marino,
May 25, 2022
SierraCon, Inc./ CORE Construction (SierraCon) is appreciative of the opportunity to provide the City of South Lake Tahoe (CSLT) this proposal for Construction Management/Project Management (CM/PM) professional services for the upcoming Recreation & Aquatic Center project. This proposal serves as the basis of understanding for the Recreation & Aquatic Center project parameters and SierraCon's scope of work to be provided.

1. PROJECT PARAMETERS & SCOPE OF WORK
The City of South Lake Tahoe new Recreation & Aquatic Center project is to be executed in two phases: Phase 1 - Site Work and Utility Relocation and Phase 2 - Building Construction and Final Site work. The project's bidding period for Phase 1 is from May 5, 2022 to May 27, 2022 with a construction Notice to Proceed (NTP) anticipated on June 22, 2022 substantial completion of the project no later than October 15, 2022, and final completion no later than November 1, 2022. The project's bidding period for Phase 2 is anticipated to commence in August of 2022 and be completed in September, 2022 with a construction Notice to Proceed (NTP) anticipated in October, 2022, substantial completion of the project no later than October, 2024, and final completion no later than November, 2024. SierraCon anticipates contract approval at the June 22, 2022 City Council meeting and beginning on-site services June 27, 2022 for Phase 1. Phase 1 on-site construction management duties are anticipated to end by November 1, 2022. Phase 2 on-site construction management duties are anticipated to start on November 1, 2022 and end on November 1, 2024. SierraCon has included a TASK for assisting with additional closeout for 3 months, through January, 2025.

2. SCOPE OF WORK
Construction Management is a professional service available with a goal of helping facilitate a project to it's completion, while enforcing contract documents, documenting the process, mitigating risk for the owner, and providing quality assurance in the field. By providing the experienced, skilled professionals to augment CSLT, SierraCon will pay continuing attention to critical details throughout the project to better ensure success. SierraCon will act as advisors to CSLT, and in the field, and coordinate with the General Contractor(s), A/E team and CSLT to better assure project progress and accountability. SierraCon's scope of work is based on the following direction from CSLT:

Manage Building and Site Construction on behalf of CSLT in Phase 1 and Phase 2 - a) Daily On-Site Construction Activity and Oversight, including but not limited to:
1121 Ski Run Blvd~ PO Box 7171 ~ South Lake Tahoe, CA 96150 ~ 530-544-1030 ~ C-107-2022
Exhibit A
256
City ofSouth Lake Tahoe Recreation & Aquatic Center
Being completely familiar with Contract Documents - Plans, Specifications, Contracts, Manufacturers Recommendations, etc. prior to start of construction
Providing oversight of Contract Plans, Specifications, Contracts, Shop Drawings, RFl's, CO's, Force Accounts, etc. during construction Complete Project Documentation including Daily Reports, Noted Deficiencies, Photo Logs, Issues Tracking, Communications, All A/E Correspondence, etc. in software system independent of contractor documents
Coordination and Communication with A/E, with the understanding that the A/E is also an owner's onsite representative, for all design code and specification questions, exceptions, clarifications, etc.

Coordination of Special Inspection (Material Testing, Performance Compliance Specifications, etc.). Requirements/ Review Testing Results - Notify team of any deficiencies
Coordination with Design Team for anything effectingdesign interpretations/ recommendations/ changes
Identify any material delivery out of sequence
Observe and document actual progress versus estimated progress, record and report conditions that may cause a delay in completion of work. Provide monthly executive summary report to Owner.-
Attend Weekly Progress Meetings, and additional project meetings as needed/ requestedAssist with IT/FF&E Coordination ( contracted through CSLT) Monitor Contractor & A/E Punchlist
Receive and Review (In Conjunction with A/E) O&M Manuals Receive and Review (In Conjunction with A/E) As-Built Drawings Complete Project Closeout Documents, Reviews etc. (In Conjunction with A/E)-
Attend One Year Warranty Walk (In Conjunction with A/E) b) Coordinate as necessary, with El Dorado County Library and neighboring City of South Lake Tahoe campground and maintenance facility operations. c) Schedule review and management, including but not limited to, tasks, logic, resource loading, pay applications/invoicing, overall progress, recovery, etc. d) Shop Drawing/RFI/Submittal/CO/ASI/CCD/CR Reviews (In Conjunction with A/E) e) Review and coordinate with architect Pay Applications/Invoices. f) Receive and review for DIR prevailing wage compliance, as prepared and managed by General Contractors.
g) Coordination of Jurisdictional Requirements
h) All Project Communications and Coordination with CSLT Project Manager i) Change Management Analysis and Recommendations - processing, tracking & coordination included
j) Scheduling, Attending and Writing of Meeting Minutes for weekly OAC meetings. k) Contract and provide coordination with UNVC for Commission Agent and Commissioning Inspections based on UNVC proposal for Systems and Enclosures Commissioning dated 3/22/22, and the specific terms listed below:

Based on the requirements of the specifications, failed tests typically require additional testing to meet performance goals. These tests will be billed to the client. It is the client's responsibility to then bill the appropriate parties. - Assumes free and clear access to the test areas, and lifts and/or scaffolding as required to fully access the interior and exterior of the test specimens. 1121 Ski Run Blvd~ PO Box 7171 ~ South Lake Tahoe, CA 96150 ~ 530-544-1030 ~ C-107-2022 257
City ofSouth Lake Tahoe Recreation & Aquatic Center
Assumes a water source will be available and capable of providing 5 gallons of water per hour per square foot of the test specimen (within 200 ft of the test area).

Assumes a 110-volt power supply will be available (within 100 ft of the test area)

3. RATE SCHEDULE
Pro·ect Director I Executive
Director of Field O erations
Assist. Constr er
Field
Pro·ect Accountant
General Su erintendent
MEP Mana er
er
Phase 1
2022
325
250
165
145
165
165
140
125
215
210
160
Phase 2
2023 / 2024
345
265
175
154
175
175
148
133
228
223
170

4. ASSUMPTIONS, EXCLUSIONS, AND TERMS OF AGREEMENT
Assumptions -•
Adequate location provided for SierraCon's job site office trailer to be placed on site with access to power, internet, and staff parking.

Full access to site to be provided during working hours and when general contractor is on-site
Base contract for Phase 1 is approximately 3.5 months (NTP to Substantial Completion) starting in June, 2022 and Phase 1 is approximately 23 months (NTP to Substantial Completion) starting in November, 2022, plus an additional month of administration assistance only for closeout.

If the construction schedule is delayed, SierraCon reserves the right to adjust the Rate Schedule.

Exclusions -
Procurement and management of special inspections - field coordination included Procurement and management of FF&E purchase and installation - field coordination included
1121 Ski Run Blvd~ PO Box 7171 ~ South Lake Tahoe, CA 96150 ~ 530-544-1030 ~ C-107-2022 258
City ofSouth Lake Tahoe Recreation & Aquatic Center
Procurement and management of SWPPP compliance consultant & inspections - field coordination included
Management of NE contract - field coordination included Management of general contractor(s) contract - field coordination included Overtime (Above allowance included in fee proposal)
Terms of Agreement -
Time and material backup to be provided with invoice••• SierraCon invoice not tied to general contractor pay application approval Owner requested additional services can be performed on T&M basis, based on rates included in this proposal•
Overtime rates are at time and a half plus added vehicle burden at straight time o SierraCon has included an Allowance for Overtime within the contract values. 10% of base scope hours.•
If additional analysis of cost and/or schedule change management is required due to a dispute or claim, the work is to be completed as a change order to SierraCon to provide support on T&M basis, based on rates included in this proposal.

5. FEE SUMMARY

TASK COST
Phase 1 Base Scope of Work: $ 299,210
Phase 1 Scope Allowance Tasks: $ 30,862
Phase 1 Base+ Allowances Total: $ 330,072
Phase 2 Base Scope of Work: $ 2,585,502
Phase 2 Scope Allowance Tasks: $ 936,158
Phase 2 Base+ Allowances Total: $ 3,521,660
TOTAL BASE + ALLOWANCES: $ 3,851,732
Refer to Exhibit A's, attached to this proposal, for detailed breakdown of proposed fee.

Sincerely,
Joe Stewart
President
1121 Ski Run Blvd~ PO Box 7171 ~ South Lake Tahoe, CA 96150 ~ 530-544-1030 ~ C-107-2022 259
EXHIBIT A - Cit of Soutfl Lal<eTafloe Recreation anclA uatic Center - PHASE 1

TOTAL MONTHLY SCHEDULE/ HOURS

ANTICIPATED TASK STAFF CLASSIFICATION
HOURLY
TASK •
RATE
HOURS ------ lmllmll! IE llllmll
Construction

BASE SCOPE OF WORK ( MANAGEMENT)
Project Director $ 325 71 4 17 17 17 17
Construction Manager $ 165 356 20 84 84 84 84
Construction Management - On-Site
Asst. Construction Manager $ 145 356 20 84 84 84 84
Management
Field Engineer/ Super $ 165 528 24 126 126 126 126
Construction Oversight Through Closeout)
Director of Field Operations $ 250 71 4 17 17 17 17
Project Accountant $ 125 71 4 17 17 17 17 ( June 22, 2022 - November 1, 2022) TASK COST $ 247, 320
BASE SoW ( MANAGEMENT) - SUBTOTAL $ 247,320
BASE SCOt" tUt-WOKK ( l.UNSUI\J!!' 1Z11-, 1
Document Control, Printing & Reproduction Costs $ 6,720 Vehicles Expenses $ 12,180
Software: ProCore / Bluebeam / Video Conference $ 8,700 Jobsite Trailer Office $ 20,310
Jobsite Toilets & Wash Facilities ( for CM Team) $ 1,880 Photography and Construction Records $ 2,100
BASE SoW (CONSUMABLES) - SUBTOTAL $ 51,890

SCOPE ALLOWANCES
Construction Manager $ 248 36 2 8 8 8 8
Asst. Construction Manager $ 218 36 2 8 8 8 8
Overtime if Requested/ Required
Field Engineer/ Super $ 248 53 2 13 13 13 13
Allowance ~ 10%) Vehicles $ 10 124 6 29 29 29 29
TASK COST $ 30,862
SCOPE ALLOWANCES - SUBTOTAL $ 30,862
C-107-2022 260
C-107-2022 SierraConCore
Final Audit Report 2022-07-20
Created: 2022-07-20
By: jo Mcdonough Umcdonough@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAHoMWK2mnr4cNchHGfkpKebNa- bkrlwf7 C-107-2022 SierraConCore" History
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Adobe Acrobat Sign
261
Email viewed by jstewart@sierracon. biz
Document e-signed by Joe Stewart [email protected]) Agreement completed.

Adobe Acrobat Sign
262
City of South Lake Tahoe – SierraCon/ CORE
PSA Amendment No. 2 to Master Agreement
AMENDMENT 2 TO PROFESSIONAL SERVICES AGREEMENT
The Professional Services Agreement ( C-029-2021) entered into on March 16, 2021, between the City of South Lake Tahoe, a municipal corporation (“ CITY”) and SierraCon/ CORE CONSULTANT”) is hereby amended as set forth below.

The terms of the Professional Services Agreement are hereby amended to read as follows:

1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated March 16, 2021 this Amendment to the Agreement adds the work described within Exhibit A “ Compensation Schedule”, attached hereto and incorporated herein by reference, is hereby amended to include the additional fees and compensation included with Exhibit A, Amendment No. 2 to the Agreement.

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 October 2026. Time is of the essence, and failure of Consultant to perform the services required by this Agreement, as amended, by October 2026 shall constitute a material breach of this Agreement as amended.

3. Compensation. Compensation to be paid to the Consultant, as defined within the original Agreement is hereby increased with this Amendment No. 2 by the sum of 323,072 as described within Exhibit A attached hereto. In no case shall Consultant compensation for work completed under this Agreement exceed the amended Agreement amount of $ 791,243 plus the additional fee ( Amendment # 1 Phase 1 Construction Management Services) of $ 330,230, plus the additional fees ( Amendment # 2) of 323,072 for an amended total fee of $1,444,545 without written authorization from the City. Payment by the City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: __________________________ Cody Bass, Mayor Pro Tem Joe Stewart
President – SierraCon/ CORE
Business License # 009926
APPROVED AS TO FORM: ATTEST:

Heather Stroud, City Attorney Susan Blankenship, City Clerk C-030-2023
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.

Sue Blankenship ( Mar 20, 2023 14:20 PDT)
Mar 20, 2023
Heather Stroud ( Mar 20, 2023 14:35 PDT)
Cody Bass (Apr 6, 2023 11:01 PDT) Joe Stewart (Apr 7, 2023 07:50 PDT) Joe Stewart
263
C-030-2023 SierraCon Amend. 2
Final Audit Report 2023- 04-07
Created: 2023- 03-20
By: jo Mcdonough ( jmcdonough@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAA5rAQECMIP1uQDJYhGSFFNzVDbwnay9OC-030-2023 SierraCon Amend. 2" History Document created by jo Mcdonough ([email protected]) 2023- 03- 20 - 8:54:18 PM GMT- IP address: 128. 92.136. 146 Document emailed to Sue Blankenship ([email protected]) for signature 2023- 03- 20 - 8:55:46 PM GMT
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2023- 04- 06 - 6:00:56 PM GMT- IP address: 104. 187. 236. 105 Signer [email protected] entered name at signing as Cody Bass 2023- 04- 06 - 6:01:20 PM GMT- IP address: 104. 187. 236. 105 Document e-signed by Cody Bass ([email protected])
Signature Date: 2023- 04-06 - 6:01:22 PM GMT - Time Source: server- IP address: 104. 187. 236. 105 264
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2023- 04- 07 - 2:50:26 PM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted. 265
AMENDMENT 3 TO PROFESSIONAL SERVICES AGREEMENT
The Professional Services Agreement (C-029-2021) entered into on March 16, 2021, between the City of South Lake Tahoe, a municipal corporation ("CITY") and SierraCon/CORE ("CONSULTANT") is hereby amended as set forth below.

The terms of the Professional Services Agreement are hereby amended to read asfollows:

1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated March 16, 2021 this Amendment to the Agreement adds the work described within Exhibit A "Compensation Schedule", attached hereto and incorporated herein by reference, is hereby amended to include the additional fees and compensation included with Exhibit A, Amendment No. 3 to the Agreement.

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 April 2026. Time is of the essence, and failure of Consultant to perform the services required by this Agreement, as amended, by April 2026 shall constitute a material breach of this Agreement as amended.

3. Compensation. Compensation to be paid to the Consultant, as defined within the original Agreement, is hereby increased with this Amendment No. 3 by the sum of $1,168,000 as described within Exhibit A attached hereto. In no case shall Consultant compensation for work completed under this Agreement exceed the amended Agreement amount of $791,243 plus the additional fee (Amendment #1 Phase 1 Construction Management Services) of $330,230, plus the additional fees (Amendment #2) of $323,072, plus the additional fee (Amendment #3 - Construction management for Phase II, Post Construction Services and Commissioning Services of $1,168,000, for an amended total fee of $2,612,545, without written authorization from the City. Payment by the City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on November 7, 2023.

CITY OF SOUTH LAKE TAHOE
Cody Bass (Nov 14, 2023 10:22 PST)
By: Cody Bass, Mayor Pro Tern
APPROVED AS TO FORM:

Heather Stroud (Nov 14, 2023 10:33 PST)

CONSULTANT
Joe Stewart
President- SierraCon/CORE
Business License # 009926
ATTEST:

Sue Blankenship (Nov 8, 2023 13:33 PST)
Heather Stroud, City Attorney 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.

C-228-2023
266
Created:

By:

Status:
2023-11-08
Michelle Davis ([email protected])
Signed
Transaction ID: CBJCHBCAABAAZF06eRv7zYrRXgEKXbFnl6I0D6LtRtv5 C-228-2023 Amendment 3 to Professional
Services Agreement
Final Audit Report 2023-11-14
"C-228-2023 Amendment 3 to Professional Services Agreement" History
Document created by Michelle Davis ([email protected]) 2023-11-08 - 8:59:14 PM GMT
Document emailed to Sue Blankenship ([email protected]) for signature 2023-11-08 - 8:59:53 PM GMT
Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2023-11-08 - 9:33:39 PM GMT - Time Source: server Document emailed to [email protected] for signature
2023-11-08 - 9:33:40 PM GMT
Email viewed by [email protected]
2023-11-08 - 9:34:41 PM GMT
Signer [email protected] entered name at signing as Cody Bass 2023-11-14 - 6:22:50 PM GMT
Document e-signed by Cody Bass ([email protected])
Signature Date: 2023-11-14 - 6:22:52 PM GMT - Time Source: server Document emailed to Heather Stroud ([email protected]) for signature 2023-11-14 - 6:22:54 PM GMT
Email viewed by Heather Stroud ([email protected])
2023-11-14 - 6:33:14 PM GMT
Document e-signed by Heather Stroud ([email protected]) Signature Date: 2023-11-14 - 6:33:29 PM GMT - Time Source: server 267
Document emailed to [email protected] for signature 2023-11-14 - 6:33:31 PM GMT
Email viewed by [email protected]
2023-11-14 - 9:23:05 PM GMT
Signer [email protected] entered name at signing as Joe Stewart 2023-11-14 - 9:26:11 PM GMT
Document e-signed by Joe Stewart ([email protected]) Signature Date: 2023-11-14 - 9:26:13 PM GMT - Time Source: server Agreement completed.
2023-11-14 - 9:26:13 PM GMT
268
City of South Lake Tahoe – SierraCon
PSA Amendment No. 4 to Master Agreement
AMENDMENT 4 TO PROFESSIONAL SERVICES AGREEMENT
The Professional Services Agreement (C-029-2021) entered into on March 16, 2021, between the City of South Lake Tahoe, a municipal corporation (" CITY") and SierraCon/CORE CONSULT ANT") is hereby amended as set forth below.

The terms of the Professional Services Agreement are hereby amended to read as follows:

1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated March 16, 2021 this Amendment to the Agreement adds the work described within Exhibit A " Compensation Schedule", attached hereto and incorporated herein by reference, is hereby amended to include the additional fees and compensation included with Exhibit A, Amendment No. 4 to the Agreement.

2. Compensation. Compensation to be paid to the Consultant, as defined within the original Agreement, is hereby increased with this Amendment No. 4 by the sum of $140,627.80 as described within Exhibit A attached hereto. In no case shall Consultant compensation for work completed under this Agreement exceed the amended Agreement amount of $791,243 plus the additional fee (Amendment # 1 Phase 1 Construction Management Services) of 330,230, plus the additional fees (Amendment #2) of $323,072, plus the additional fees (Amendment #3) of $1,168,000, plus the additional fee Amendment # 4 of $140,627.80 for an amended total fee of $2,753,172.80, without written authorization from the City. Payment by the City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: __________________________ Mayor Joe Stewart
President- SierraCon/ CORE
Business License # 009926

APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk CITY SEAL:
269

CONTINUATION SHEET
Application and Certification for Payment Worksheet 7/29/2025Owner: City of South Lake Tahoe 24Project: CSLT Rec Center - Phase 3 PreCon and Construction 7/1/2025 Const Mgr: SierraCon, Inc. 7/31/2025Architect: JKAE

A B C D E F G H I K L M O
ITEM # DESCRIPTION OF WORK

CONTRACTOR /

SUBCONTRACTOR

ORIGINAL
BUDGET

INTERNAL

TRANSFERS

AMENDMENTS
(CHANGE

ORDERS) REVISED VALUE

WORK COMPLETED

PREVIOUSLY
WORK

COMPLETED

THIS PERIOD
TOTAL

COMPLETED AND

STORED TO DATE
(H+I+J)
% COMPLETE

TO DATE BALANCE TO FINISH FUNDS REQUESTED
Phase 1 - ContractOriginal Contract SierraCon/Core 791,243.00$ $791,243.00 $791,243.00 $791,243.00 100.00% $0.00 $0.00Amendment 1 - Phase 1 Construction Management SierraCon/Core $330,230.00 $330,230.00 $330,230.00 $330,230.00 100.00% $0.00 $0.00Phase 2 - Contract - Amendment 2 (Total $323,072) Scope I - Preconstruction
1 Conduct O/A Meetings | Produce Minutes SierraCon/Core 13,658.00$ $13,658.00 $13,658.00 $13,658.00 100.00% $0.00 $0.002 Review Documents for Bidability / Constructability / Track Changes SierraCon/Core 22,604.00$ $22,604.00 $22,604.00 $22,604.00 100.00% $0.00 $0.003 Develop Baseline Design Schedule | Provide Monthly Updates SierraCon/Core 9,450.00$ $9,450.00 $9,450.00 $9,450.00 100.00% $0.00 $0.004 Participate in General Contractor Prequalification & Evaluation SierraCon/Core 33,772.00$ $33,772.00 $33,772.00 $33,772.00 100.00% $0.00 $0.005 Coordinate w/ Architect on Permitting & Agency Approvals SierraCon/Core 5,254.00$ $5,254.00 $5,254.00 $5,254.00 100.00% $0.00 $0.006 Provide Cost Estimate Update SierraCon/Core 21,882.00$ $21,882.00 $21,882.00 $21,882.00 100.00% $0.00 $0.007 Advise Team on Value Engineering/Cost Reduction Opportunities SierraCon/Core 17,119.00$ $17,119.00 $17,119.00 $17,119.00 100.00% $0.00 $0.008 Assist Owner w/ Project Reporting / Documentation SierraCon/Core 6,590.00$ $6,590.00 $6,590.00 $6,590.00 100.00% $0.00 $0.009 General Contractor Outreach SierraCon/Core 40,480.00$ $40,480.00 $40,480.00 $40,480.00 100.00% $0.00 $0.00 Scope II - Bidding
10 Co-Conduct Pre-Bid Meeting | Review Minutes SierraCon/Core 6,208.00$ $6,208.00 $6,208.00 $6,208.00 100.00% $0.00 $0.0011 Attend Bid Opening | Log All Information SierraCon/Core 1,529.00$ $1,529.00 $1,529.00 $1,529.00 100.00% $0.00 $0.0012 Coordinate w/ Architect Bidders Request for Documents SierraCon/Core 7,543.00$ $7,543.00 $7,543.00 $7,543.00 100.00% $0.00 $0.0013 Attend Bid Evaluation Meetings | Review & Advise SierraCon/Core 12,222.00$ $12,222.00 $12,222.00 $12,222.00 100.00% $0.00 $0.0014 Review Bid Documents for Completeness & Accept for Release SierraCon/Core 12,222.00$ $12,222.00 $12,222.00 $12,222.00 100.00% $0.00 $0.0015 Assist with Bid Advertisement & Bidder Qualification SierraCon/Core 10,156.00$ $10,156.00 $10,156.00 $10,156.00 100.00% $0.00 $0.0016 Coordinate w/ Architect Bid RFIs SierraCon/Core 10,393.00$ $10,393.00 $10,393.00 $10,393.00 100.00% $0.00 $0.0017 Coordinate w/ Architect Bid Addenda SierraCon/Core 1,098.00$ $1,098.00 $1,098.00 $1,098.00 100.00% $0.00 $0.0018 Review RFI Responses & Addenda for Cost Impact | Advise SierraCon/Core 3,654.00$ $3,654.00 $3,654.00 $3,654.00 100.00% $0.00 $0.0019 Develop & Manage Bidding Phase Document Management SierraCon/Core 2,419.00$ $2,419.00 $2,419.00 $2,419.00 100.00% $0.00 $0.0020 Evaluate Bids w/ Team | Create Bid Evaluation Report SierraCon/Core 23,520.00$ $23,520.00 $23,520.00 $23,520.00 100.00% $0.00 $0.0021 Recommend in Writing Lowest, Responsive Bidder to Owner SierraCon/Core 2,612.00$ $2,612.00 $2,612.00 $2,612.00 100.00% $0.00 $0.0022 Provide Award Recommendation Analysis for City Council SierraCon/Core 5,225.00$ $5,225.00 $5,225.00 $5,225.00 100.00% $0.00 $0.0023 RFP Process of 3rd Party Inspection Consultant SierraCon/Core 15,347.00$ $15,347.00 $15,347.00 $15,347.00 100.00% $0.00 $0.0024 RFP of FF&E Package SierraCon/Core 38,115.00$ $38,115.00 $14,232.00 $14,232.00 37.34% $23,883.00 $0.00 Change OrdersPCCO#01 - Site Clean Up SierraCon/Core $900.00 $900.00 $900.00 $900.00 100.00% $0.00 $0.00Phase 3 - Contract - Amendment 3Scope III - ConstructionConstruction Management SierraCon/Core $1,168,000.00 $1,168,000.00 $941,170.80 $941,170.80 80.58% $226,829.20 $0.00GRAND TOTAL $791,243.00 $0.00 $1,822,202.00 $2,613,445.00 $2,362,732.80 $0.00 $2,362,732.80 90.41% $250,712.20 $0.00 $0.00
Check 7/24/25
average for 20 mo
duration $58,400.00
Precon Payments thru
Sept 2023 1,193,030.80$
Original Estimate 1,168,119.00$
Pay App #4 Nov 2023 53,473.86$ Pay App #5 Dec 2023 46,024.90$ CHANGE ORDER ANALYSIS THRU DEC 2025 Pay App #6 Jan 2024 47,524.00$ Months left July thru Dec 6 Pay App #7 Feb 2024 46,932.00$ Average/mo 70,000$ Pay App #8 March 2024 46,477.76$ Amount needed to finish 420,000$ Pay App #9 April 2024 57,890.00$ Post Const Services (thru May 2026) 74,526$ Pay App #10 May 2024 59,600.00$ Current balance to finish in contract (250,712)$ Pay App #11 June 64,119.00$ Change Order Amount 243,814$ Pay App #12 July 65,780.00$ Pay App #13 August 64,866.08$
CHANGE ORDER ANALYSIS THRU FEB 2026 Pay App #14 Sept 65,651.75$ Additional Months if delayed 2 Pay App #15 Oct 58,468.00$ Average/mo 70,000$ Pay App #16 Nov 64,521.00$ Amount needed for extension 140,000$ Pay App #17 Dec 65,780.00$ Pay App #18 Jan 61,240.00$
Total Change Order 383,814$ Pay App #19 Feb 61,083.40$
Actual Cost per CMPM Fee 582,236$ Pay App #20 March 68,651.25$ Discount 198,422$ Pay App #21 April 69,099.00$
Pay App #22 May 45,110.00$ Pay App #23 June 57,410.00$ Pay App #24 JulyPay App #25 AugPay App #26 SeptPay App #27 OctPay App #28 NovPay App #29 DecTOTAL $2,362,733 270
CSLT Rec Center – SierraCon Scope of Work
Current Work:
- Monitor communication and performance of GC to identify risks of additional delays, change orders, cost overruns or potential claims and advise City accordingly.
- Review and respond to all Change Orders
- Review T&M tickets for verification
- Review and respond to new submittals, and review old submittals for completeness - Review deferred submittal process
- Review LEED requirements process & monitor progress
- Review of RFI’s
- Review Test Reports, notify City of any issues
- Issues Tracking
- Review work for T&M scope
- Provide Quantity Take-Offs for all T&M Tickets, CEs, PCOs, and PCCOs of concern to control costs.
- Manage Commissioning Agent (UNVC)
- Review Specs and Drawings as necessary for GC management - Keep Architect on task (JKAE)
- Review of GC payment applications
- Attend weekly meetings (pre-OAC, OAC, RFI, PCO, any additional meetings as req’d) - Provide monthly project progress reports
- Review and comment on GC’s schedule updates
- Create and manage the schedule Impact Log
- Write CCDs for City signature
- Assist with FF&E RFP and Buyout
- Create List/Specifications of (FF&E) Pool Parts for Bidders - Review on site BMPs
- QA/QC equipment installations and finishes
- Inspect onsite Heavy Machinery per Safety Protocols and tab unsafe equipment - Review Pay Apps for % complete accuracy in reference to site progress, incl. stored materials
- Provide Quantity Take-Offs for all T&M Tickets, CEs, PCOs, and PCCOs of concern to control costs
- Continually monitor the schedule to control creep and identify delays 271
- Work with the GC on corrective actions and schedule maneuvering to remain on track
- QA/QC equipment installations and finishes to ensure compliance to Specs, Plans and Local AHJs
Future Work:
- Review closeout documentation (as-builts, O&M manuals, Owner training videos, extra stock)
- Lead and monitor punch list process and completion
- Manage Commissioning Agent (UNVC) and coordinate with Contractor team for commissioning, start up and compliance of building systems - Assist City with FF&E and move in process
Roebbelen Assistance:
- Review list of outstanding submittals for completion or confirmation it’s been submitted and processed
- Review list of outstanding deferred submittals for completion - Review submittals in detail to ensure all review comments are addressed, including spec section bullet points. SierraCon discovered that some submittals were approved by GC without having all review comments addressed - Provide input/guidance on specification submittal requirements – incl. Action Plans, Waste Tickets, LEED, etc.
- In depth schedule review for shown delay and coordination on how GC plans to achieve critical schedule milestones (grading season deadlines, substantial completion, final completion, etc.)
- Review CEs and PCOs cost via take-offs to verify subcontractor material, equipment and labor charges
- Reviewing Inspection Reports, and ensuring Corrective Actions are taken 272
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Project Director - Joe $345 235 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 Construction Manager - Doris $225 1,445 84 84 84 84 84 84 84 84 50.4 50.4 50.4 50.4 50 50 34 34 34 34 34 34 33.6 33.6 33.6 33.6 34 34 34 34 Asst. Construction Manager - Geordan $200 3,864 0 0 0 0 0 168 168 168 168 168 168 168 168 168 168 168 168 168 168 168 168 168 168 168 168 168 168 168 Asst. Construction Manager - Alana $191 1,344 168 168 168 168 168 168 168 168 Field Engineer / Super $175 0 Deleted 1,596 hrs as requested by Anush 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Schedule Manager / Procurement $170 0 deleted 638 hrs, schedule by GC and/or by PM and APM as requested by Anush 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Director of Field Operations $265 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Project Accountant $140 226 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8

TASK COST
Document Control, Printing & Reproduction Costs removed as requested by Anush Vehicles Expenses - 1 vehicle removed one vehicle as requested by Anush Software: ProCore / Bluebeam / Video Conferencing changed from $100M to $1M per our contract as requested by AnushJobsite Trailer Office By GCJobsite Toilets & Wash Facilities (for CM Team) By GCPhotography and Construction Records deleted as requested by Anush Construction Manager $337 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Asst. Construction Manager $301 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Field Engineer / MEP / QC $286 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Field Engineer / Super $262 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Vehicles $12 0 removed 1,176 hrs, doesn't make sense to have OT on vehicles as requested by Anush 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

TASK COST
Operating Tech & Software $0 LS deleted $126,000
WebCam & Software $0 LS deleted $22,500

TASK COST
BIM Coordinator $223 0 No BIM on project removed 214hrs 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

TASK COST
Asst. Construction Manager $200 252 half time removed
Field Engineer / MEP / QC $191 126 quarter time removed TASK COST Ricky to check with team if this will be neeed from SierraCon, maybe services are billed as T&M LEED Commissioning $70,200 LS by SierraCon/UNVC
Systems Commissioning $84,600 LS by SierraCon/UNVC
Precon CX Review $0 LS by City
Additional CX Services $0 LS by City

TASK COST
Current Contract Amount:Additional Cost thru February 2026:

MONTHLY

SCHEDULE /
HOURS
2026
BASE SOW + ALLOWANCES - TOTAL $1,750,355
$1,168,119
Post Construction Services - coordination of FF&E
install, closeout documentation & warranty
transition - based on 3 months post substantial
completion $74,526
3rd Party Consultants to be contracted through
SierraCon / CORE - UNVC Systems and Envelope
Commissioning - proposal dated 3/22/22
$154,800
SCOPE ALLOWANCES - SUB TOTAL $229,326
Participate in BIM Coordination & Review
$0
$0
BASE SoW (CONSUMABLES) - SUBTOTAL
BASE SoW (MANAGEMENT) - SUBTOTAL $1,467,929

BASE SCOPE OF WORK (CONSUMABLES)
Provide Monthly Drone, Web Cam & Structionsite
Progress Documentation
$0
$48,000
$5,100
$0
$53,100
BASE SCOPE OF WORK - SUB TOTAL $1,521,029

SCOPE ALLOWANCES
Overtime if Requested / Required
(Allowance ~10%)
$0
PRE CON Procurement Construction

BASE SCOPE OF WORK (MANAGEMENT)
Construction Management - On-Site
Management
(Construction Oversight Through Closeout)
(November 1, 2022 - December 31, 2024)
$1,467,929
$582,236
EXHIBIT A - City of South Lake Tahoe Recreation and Aquatic Center - PHASE 2

ANTICIPATED TASK STAFF CLASSIFICATION HOURLY RATE TOTAL TASK HOURS

MONTHLY SCHEDULE / HOURS MONTHLY SCHEDULE / HOURS MONTHLY SCHEDULE / HOURS 2023 2024
removed $86,700 as requested by Anush
$0 removed $16,200 as requested by Anush$0
2025
273
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: October 21, 2025
Agenda Item #:11
Agenda Item: Ordinance Amending Vacation Home Rental Regulations to Remove 150-Foot Buffer and Make Other Changes (First Reading of Version 1 Establishing a Cap of 1,200 in Residential Areas, or Version 2 Prohibiting Adjacent Properties from Being Vacation Home Rentals) Executive Summary: On June 17, 2025, City Council adopted Ordinance No. 2025-1200, amending the Vacation Home Rental ("VHR") provisions of the South Lake Tahoe City Code. In conjunction with adopting that ordinance, City Council requested that staff bring back a report on September 9 to get an update on the permitting process and discuss potential further amendments. At that time, City Council passed a motion by a vote of 4-1 (Councilmember Robbins no), directing staff to bring back two versions of an ordinance amending Ordinance No. 2025-1200. Both versions are included in this item for consideration and a potential first reading.

Requested Action / Suggested Motions: Pass a Motion holding a first reading (by title only) of Version 1 or Version 2 of an Ordinance Amending Article V (Vacation Home Rentals) of Chapter 3.50 (Transient Lodging) and Table 2.35.070 (Appealable Actions and Matters) of the South Lake Tahoe City Code, and refer second reading and adoption to November 4, 2025.

Responsible Staff Member: Heather Stroud, City Attorney Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Attachments:
01 - Staff Report - VHR Ordinance Amendments.docx
02 - Ordinance - VHR Amendments Version 1.docx
03 - Ordinance - VHR Amendments Version 2.docx
04 - VHR Ordinance Redline V1.pdf
05 - VHR Ordinance Redline V2.pdf
06 - Appeal Hearings 2.35 Redline.pdf
07 - Memo to Planning Commission.pdf
08 - Public Notice - VHR Ordinance PH First Reading.pdf 274
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City of South Lake Tahoe
Report to City Council
Meeting Date: October 21, 2025
Title: Ordinance Amending Vacation Home Rental Regulations (First Reading of Version 1 or Version 2)
Location: Citywide
Responsible Staff Members: Heather Stroud, City Attorney (530) 542-6046 Background: On June 17, 2025, City Council adopted Ordinance No. 2025-1200, amending the Vacation Home Rental (“VHR”) provisions of the South Lake Tahoe City Code, by a vote of 4-1 (Robbins no). That Ordinance made the changes to the City’s VHR regulations including the following:
 Established a 150-foot buffer between VHR properties outside the Tourist Core Area Plan, except for condominiums. (§ 3.50.380(F))
 Prohibited VHRs in “multifamily dwellings,” but allowed VHRs in attached condominiums for applicants who had a permit as of September 1, 2016. (§ 3.50.380(D)(2))  Excluded timeshares from VHR regulation. (§ 3.50.370)  Required VHR owners outside Tourist Core Area Plan to use local property manager to check in guests and go over the rules, ensure compliance with operating conditions, receive real-time indoor sound monitoring and outdoor video monitoring to head off nuisance issues, and respond to complaints in person 24/7. (§§ 3.50.070;

3.50.390(B)(1)(b), 3.50.440)
 Changed occupancy limits outside Tourist Core Area Plan to 2 per bedroom, with up to five children aged 13 and under not counting towards the occupancy limit. (§ 3.50.440(A)(1))  Required defensible space inspection prior to permit issuance, for properties outside Tourist Core Area Plan. (§§ 3.50.390(A)(7)(b); 3.50.410(B)(2))  Required all VHR properties to be operated, maintained, and managed in compliance with conditions of operation irrespective of whether they are being used as a VHR at a given time. (§ 3.50.440).
 Clarified that appeals of VHR permit denials and revocations appealed to the Planning Commission are final and not subject to further appeal to City Council. (§ 3.50.430)  Authorized permitting preference for prior VHR and Qualified VHR permit holders in good standing. (§ 3.50.390(A)(1))
In conjunction with adopting Ordinance No. 2025-1200, City Council requested that staff bring back a report on September 9 to get an update on the permitting process and discuss potential further amendments. On September 9, 2025, City Council passed a motion by a vote of 4-1 (Councilmember Robbins no), directing staff to bring back two versions of an ordinance amending Ordinance No. 2025-1200, as discussed below.
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On September 9, 2025, Councilmember Roberts requested (seconded by Mayor Wallace) an explanation of the citation process, which is included in this staff report.

Issue and Discussion:

Amendments to VHR Ordinance
As directed by Council, there are two versions of an ordinance amending Ordinance No. 2025- 1200 for City Council consideration and possible first reading.

Version 1:
 150-foot buffer is replaced with a cap of no more than 1,200 VHR permits in residential areas;
 A minimum age of 25 is established to rent a VHR;
 Attached condominiums are allowed to get VHR permits unless the applicable homeowners association rules prohibit VHRs;
 Requires advertising platforms to include “family friendly” language for VHRs in residential areas;
 Appeals of permit denials go to an independent hearing officer instead of the Planning Commission
 Commercial and recreational areas are regulated with rules applicable to the Tourist Core Area Plan; and
 Room night reporting is required.

Version 2:
 150-foot buffer is replaced with a prohibition of properties with VHR permits being adjacent to each other.
 All other changes are the same as Version 1.

In addition to the changes requested above, staff made several additional edits included in both versions that are consistent with these changes:
 To complement the cap, provisions were added to establish a waitlist when the cap is reached.
 The prohibition on permit transfers is clarified to match existing practice, where a permit may be transferred into a family trust in which an owner is a trustee for estate planning purposes.
 The preferred application period provision has been deleted as that period has closed.

Citation Process
To report a disturbance or VHR violation, an online complaint form can be submitted through the City’s website, or the complaining party can call the Police Department’s non-emergency line at 530-542-6100 and an officer will be assigned. If the officer confirms a violation, then a citation will be issued. For violations involving short-term renting without a VHR permit, the City uses software that checks for online advertisements to proactively find unpermitted properties. The fines are $1500 for a first citation, $3000 for a second citation within one year, and $5000 for a third citation within one year. Citations of operating conditions may always be issued to the owner, and for some type of violations, citations may also be issued to the occupant (occupancy, parking, noise, weddings/parties, hot tub, camping, and trash) under SLTCC section 3.50.440. The responsible party receiving the citation may appeal the citation to a hearing officer within 30 days. If the 276
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hearing officer upholds the citation, it counts as one of the “strikes” against the property that would result in revocation of the permit if there are three or more upheld citations issued during three separate events and/or calls for service within any 24-month period, under SLTCC section

3.50.420. This process has been substantially the same since 2018, before the passage of Measure T. A memorandum that was provided to the Planning Commission in the context of an appeal hearing regarding a permit denial from upheld citations is attached to this item for further information.

Since the first post-Measure T permits were issued in residential areas starting in July, there have been two citations issued to newly permitted VHRs in residential areas. One citation was for a trash violation and the other was for a signage violation. Staff will continue to track and report this data as more permits are issued and more properties begin short-term rental operations.

Environmental Considerations: Both versions of this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that they may have a significant effect on the environment, and under CEQA Guidelines section 15308 because they are amending a regulatory process to protect the environment.

Financial Implications: Either version of the Ordinance would result in the maximum number of VHRs increasing to 1200 within residential areas. This would presumably result in an unknown amount of additional Transient Occupancy Tax from these additional VHRs. Under Ordinance No. 2025-1200 which includes a 150-foot buffer, the maximum number of VHRs outside the Tourist Core was estimated to be 1,100 but could be lower depending on where VHRs are permitted. With Version 1 of the Ordinance, the cap would be set at 1,200 VHRs in residential areas. With Version 2 of the Ordinance, the cap would also be set at 1,200, but depending on where VHRs are permitted, the total number could be lower based on the prohibition of VHRs being on adjacent parcels.

Policy Implications: VHR regulation involves competing policy implications. Limiting, restricting, regulating, and enforcing the rules regarding VHRs protects against nuisance issues such as noise, trash, overcrowding, parking violations, and degradation of neighborhood character, while allowing the operation of VHRs can have positive economic benefits for the City, local businesses, and community.
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Ordinance 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
November 4, 2025
An Ordinance Amending Article V (Vacation Home Rentals) of Chapter 3.50 (Transient Lodging) and Table 2.35.070 (Appealable Actions and Matters) of the South Lake Tahoe City Code to Modify the Regulation of Vacation Home Rentals

FINDINGS
A. Pursuant to Article XI, Section 7 of the California Constitution, the City may make and enforce all regulations and ordinances using its police powers.

B. The City has regulated Vacation Home Rentals (“VHRs”), currently defined as the rental of an entire dwelling unit for less than 30 days, since the adoption of Ordinance No. 928 on January 21, 2003.

C. Between 2015-2018, the City Council held more than 17 public meetings with dozens of hours of public comment at which the City Council deliberated regulations related to, nuisances created by, and the benefits and costs of VHRs within the City. At those public meetings, the City Council, staff, and community members expressed concern about excessive noise, disorderly conduct, vandalism, overcrowding, traffic, congestion, illegal parking, and accumulation of trash and refuse at or around VHRs located outside the Tourist Core. During that time, the City expended resources in responding to numerous citizen complaints pertaining to VHRs, which required rapid response from police, fire, paramedic, and other City personnel.

D. Measure T was a citizens initiative that passed in the election of November 6, 2018. Beginning after a phase-out period, Measure T prohibited VHRs in certain areas of the City where they had previously been permitted, including residentially-zoned areas, multifamily dwellings, and areas added to the Tourist Core after 2017.

E. Soon after Measure T passed, an organization called South Lake Tahoe Property Owners Group filed a lawsuit challenging Measure T on various grounds, El Dorado County Superior Court Case No. SC20180243. In February 2021, Measure T was upheld in its entirety by the El Dorado County Superior Court, and Plaintiff filed an appeal. The court of appeal affirmed the superior court’s judgment upholding Measure T, except that it remanded the case for the trial court to consider whether the “permanent resident” exception in the Qualified VHR provisions of Measure T violates the dormant Commerce Clause of the U.S. Constitution. At no time during the lawsuit was an injunction in place prohibiting the implementation of Measure T’s 278
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prohibition on VHRs in certain areas of the City including residentially-zoned areas, multifamily dwellings, and areas added to the Tourist Core after 2017, such that VHRs in these areas were phased out by the end of 2021 as required by Measure T.

F. On March 13, 2025, the El Dorado County Superior Court issued a ruling finding that the Qualified VHR provisions are unconstitutional because they impermissibly discriminate against interstate commerce, and that these provisions are not severable from the remainder of Measure T, requiring that Measure T be struck down in its entirety.

G. On April 1, 2025, the City Council unanimously adopted Ordinance No. 2025-1193, establishing a temporary, forty-five (45) day moratorium on the issuance of Vacation Home Rental permits for Vacation Home Rentals in areas where such permits were prohibited by Measure T, pursuant to California Government Code section 65858(a). On May 6, 2025, City Council adopted urgency ordinance (Ordinance No. 2025-1196) by a four-fifths vote (with Councilmember Jinkens voting no) to extend the temporary moratorium through June 19, 2025.

H. On April 22, 2025, the City Council received a staff report and passed a motion by a vote of 3- 2 (Mayor Pro Tem Bass and Councilmember Robbins voting no) to make certain amendments to the pre-Measure T VHR regulations that were in place as of November 2018.

I. On May 6, 2025, City Council passed a motion by a vote of 4-1 (Councilmember Robbins voting no) to make further amendments to the proposed ordinance and bring back that ordinance for a first reading on June 3, 2025.

J. On June 3, 2025, City Council passed a motion to hold a first reading (by title only) by a vote of 3-2 (Councilmembers Jinkens and Robbins no), and on June 17, 2025, City Council voted to pass the ordinance by a vote of 4-1 (Councilmember Robbins no), and directed staff to bring back an update to the City Council meeting on September 9, 2025, to discuss potential further amendments to that ordinance.

K. On September 9, 2025, City Council passed a motion by a vote of 4-1 (Councilmember Robbins no) to bring back two versions of this Ordinance for consideration: this version, in which: the 150-foot buffer is replaced with a cap of no more than 1,200 VHR permits in residential areas, a minimum age of 25 is established to rent a VHR, attached condominiums are allowed to get VHR permits unless the applicable homeowners association rules prohibit VHRs, requires advertising platforms to include “family friendly” language for VHRs in residential areas, appeals of permit denials go to an independent hearing officer instead of the Planning Commission, commercial and recreational areas are regulated with rules applicable to the Tourist Core Area Plan, and room night reporting is required; and a second version that includes the same changes except that the 150-foot buffer is replaced with a prohibition of properties with VHR permits being adjacent to each other. 279
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L. Related amendments to Table 2.35.070 (Appealable Actions and Matters) are included in this Ordinance to clarify that appeal decisions of VHR permit denials and revocations go to a hearing officer and not Planning Commission.

M. On October 10, 2025, notice of this public hearing was published in the Tahoe Daily Tribune pursuant to California Government Code section 65090.

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

SECTION 1. Article V (Vacation Home Rentals) of Chapter 3.50 (Transient Lodging) of the South Lake Tahoe City Code is hereby amended to read in its entirety as follows:

3.50.370 Definitions.
“Bear box” shall have the same meaning as set forth in SLTCC 4.150.010. “City manager” shall mean the city manager as set forth in Chapter 2.10 SLTCC, or their designee. “Condominium” shall mean a dwelling unit in a residential development that is under a legal arrangement specifying that the unit is individually owned but the common areas are owned, controlled, and maintained through an organization consisting of all individual owners. “Dwelling unit” shall mean a building, or portion thereof, that contains living facilities including provisions for sleeping, eating, cooking, and sanitation for the exclusive use of one or more people maintaining a household, not including city-approved hotels, motels, bed and breakfasts, or timeshares.
“Electronic signature” shall have the same meaning as set forth in SLTCC 2.40.010. “Good neighbor contract” shall mean a document prepared by the city manager that summarizes the conditions of operations in SLTCC 3.50.440 for which occupants are responsible for compliance and subject to citation for violating, to be signed by wet or electronic signature before or during check-in by the property manager and the responsible party(ies) entering into a vacation home rental contract for each vacation home rental in areas outside the tourist core area plan. “Multifamily dwelling unit” shall mean a dwelling unit that is attached, meaning that it shares at least one wall, floor, or ceiling with at least one other dwelling unit. Condominiums are not considered multifamily dwelling units.
“Occupant” shall mean any person who is on or in a vacation home rental property other than service providers, whether or not the person stays overnight.
“Owner” shall mean the person(s) or entity(ies) that hold legal or equitable title to a dwelling unit. “Property manager” shall mean the person designated by the owner to implement the requirements of SLTCC 3.50.440 in residential areas. The owner or an agent designated by the owner may serve as the property manager.
“Renewal application” shall mean an application for a renewed vacation home rental permit which application may be submitted by the vacation home rental applicant. “Rent” shall have that definition set forth in SLTCC 3.00.010. “Residential areas” shall mean areas zoned for residential use and excluding all areas within the Tourist Core Area Plan, Tahoe Valley Area Plan, Sierra-Tract Commercial Plan Area Statement, 280
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South Y Industrial Tract Community Plan, and Bijou/Al Tahoe Community Plan Districts 1, 2, 3, and 4, and parcels zoned for recreational use.
“Vacation home rental” shall mean the rent or rental of an entire dwelling unit by the owner or agent to another person or group of persons for occupancy, dwelling, lodging, or sleeping purposes for a period of less than 30 consecutive calendar days. The rental of units within city-approved hotels, motels, time-shares, and bed and breakfasts shall not be considered to be vacation home rentals. “Vacation home rental applicant” shall mean the person(s) or entity(ies) who apply for a vacation home rental permit by submitting and signing a vacation home rental application. A vacation home rental applicant may be an owner(s) of the dwelling unit, an agent(s), or another authorized representative(s) of an owner of the dwelling unit.
“Vacation home rental permit” shall mean a permit issued to the property owner and pursuant to the provisions of this chapter that allows the use of a dwelling unit as a short-term rental. “Vacation home rental property” shall mean a parcel of real property, as shown on the latest equalized tax assessment roll as maintained by the assessor of the county of El Dorado, upon which a vacation home rental(s) is (are) maintained. “Vacation home rental property” includes the premises upon which a vacation home rental is located, including parking areas, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, spas, tennis and paddleboard courts, and other similar and related improvements.
“Waitlist” shall mean the list of vacation home rental permit applicants the city manager maintains when the number of vacation home rental permits issued in residential areas exceeds the cap of 1,200, to be maintained in the order each application is deemed complete and used when vacation home rental permits become available.

3.50.380 Vacation home rentals – General provisions.

A. Vacation Home Rentals Allowed. Subject to the provisions of this article, vacation home rentals shall be permitted within the city.

B. Vacation Home Rental Permit Required to Operate. It shall be unlawful for any person or entity to rent, maintain, facilitate, advertise or list a dwelling unit as a short-term rental without a valid vacation home rental permit issued pursuant to this article.

C. Vacation Home Rental Permits Nontransferable.

1. Permit – Site Specific. It shall be unlawful for any person to give, grant or otherwise transfer a vacation home rental permit from one dwelling unit to another.

2. Transfer of Permits Prohibited. All permits issued by the city pursuant to this article shall be nontransferable to a different person or entity to whom said permit was issued. (a) Notwithstanding subsection (C)(2) of this section, a permit may be transferred from one owner of a vacation home rental to another owner of the vacation home rental as long as the transferee was an owner of the vacation home rental at the time the vacation home rental application was submitted to the city, and a permit may be transferred into a family trust in which an owner is a trustee for estate planning purposes.

3. Upon any change of ownership of a vacation home rental property, an initial vacation home rental application shall be submitted pursuant to SLTCC 3.50.390(A).

D. Multifamily Dwelling Units and Condominiums.
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1. It shall be unlawful to rent, lease, use or operate a multifamily dwelling unit as a vacation home rental.

2. Condominiums are eligible for vacation home rental permits, except for condominiums that are part of a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq. and which condominiums are subject to a prohibition on short-term rentals adopted by the common interest development pursuant to Cal. Civ. Code § 4741, as may be amended.

E. Agency and Property Management.

1. An owner may retain an agent to comply with the requirements of this article, including, without limitation, the filing of an application for a vacation home rental permit, the management of the vacation home rental, and compliance with the conditions of the permit. The owner of the vacation home rental is responsible for compliance with the provisions of this article and the failure of an agent to comply with this article shall not relieve the owner of their obligations as set forth in this article.

2. In residential areas, owners are required to designate and maintain a property manager at all times.

F. Cap. The total number of vacation home rental permits issued in residential areas shall not exceed 1,200.

G. Transient occupancy tax shall be assessed for vacation home rentals.

H. Permits and Fees Not Exclusive. Permits and fees required by this article shall be in addition to any license, permit or fee required under any provision of the city code. The issuance of any permit pursuant to this article shall not relieve the owner of the vacation home rental from their obligation to comply with all other provisions of the city code pertaining to use and occupancy of the vacation home rental.

I. No more than one vacation home rental shall operate on a parcel.

3.50.390 Vacation home rental application procedures.

A. Initial Applications.

1. All persons or entities interested in operating a vacation home rental may submit a vacation home rental application along with the application fee in an amount set forth in the city’s master fee schedule.

2. It shall be the applicant’s responsibility to provide all information and materials required to comply with the vacation home rental application submittal requirements.

3. The filing date of the vacation home rental application shall be the date when the city manager officially receives the last submission of information or materials required by subsection (B) of this section and the application is deemed complete. If the city manager determines an application submittal is incomplete, a vacation home rental applicant shall be notified of such incompleteness within 30 calendar days of receipt of the vacation home rental application by the city manager. If the city manager does not receive a complete application within 30 calendar days of providing notice of incompleteness, the city manager shall no longer consider that application and the application shall be deemed withdrawn.
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4. All vacation home rental applications which have been deemed complete by the city manager shall be reviewed and processed in the order of the application’s filing date.

5. Once an application is deemed complete, the city manager shall make reasonable efforts to schedule an inspection of the vacation home rental within 14 days. Vacation home rental applicants shall have 45 days to make all changes and improvements to the vacation home rental which are required by the city pursuant to the inspection. If the vacation home rental applicant fails to make all changes and improvements to the vacation home rental within 45 days of the inspection, said applicant’s vacation home rental application shall be deemed withdrawn.

6. The city manager shall continue to review applications and inspect vacation home rental properties until all applications have been reviewed, or in residential areas, until the city can issue no further vacation home rental permits based on the cap in SLTCC 3.50.380(F), and then shall maintain a waitlist. The city shall issue no more than 150 vacation home rental permits per month.

7. Inspections Required in Residential Areas.
(a) The city manager shall inspect all dwelling units in residential areas for compliance with this article prior to issuing a vacation home rental permit for said dwelling unit. (b) Vacation home rental permit applicants may be required to make improvements or changes to the proposed vacation home rental property in order to ensure that the proposed vacation home rental property conforms with all plan area statements and building code standards which were in effect at time of construction of the vacation home rental property and that no health and safety violations which threaten the well-being of guests, neighbors or the community are present at the vacation home rental property, including compliance with defensible space requirements of California Public Resources Code Section 4291, as may be amended.
(c) Notwithstanding subsections (A)(7)(a) and (A)(7)(b) of this section, inspections shall not be required for vacation home rental renewal applications.

B. Vacation Home Rental Application and Renewal Application Filing Requirements.

1. Vacation home rental applications and renewal applications shall be submitted on forms provided by the city manager and shall include, but not be limited to, the following information:
(a) Owner(s) name(s).
(b) Property manager contact information, in residential areas including local contact number with 24-hour, seven days a week availability for reporting violations. Any change in the property manager and local contact number shall be promptly furnished to the city manager. (c) Square footage of home.
(d) Owner mailing address.
(e) Proposed vacation home rental address and assessor’s parcel number. (f) Vacation home rental permit number, if existing vacation home rental. (g) Number of bedrooms in vacation home rental.
(h) Number of paved parking spaces on the vacation home rental property. 283
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(i) Identification of outdoor hot tub, if any.

2. Vacation home rental applications and renewal applications filed by agents, representatives, or authorized representatives of the owner of the vacation home rental property shall include a declaration that such application is being made with the consent of the vacation home rental owner.

3. Vacation home rental applications and renewal applications shall be accompanied by a declaration that any and all applicable covenants, conditions and restrictions are consistent with and would not prohibit issuance of a vacation home rental permit for the proposed property.

4. The vacation home rental application and renewal application shall be accompanied by an application fee in an amount set forth by separate resolution of the city council which amount is calculated to recover the city’s full cost of reviewing, issuing and administering said permit.

5. If a renewal application is denied, and the applicant wishes to operate a vacation home rental, the applicant must initiate a vacation home rental application by filing an initial application and complying with the procedures of subsection (A) of this section.

3.50.400 Expiration and renewal of vacation home rental permits.

A. Vacation home rental permits shall expire one year after their issuance.

B. Vacation home rental permits must be renewed on an annual basis prior to expiration by filing with the city manager a renewal application and a renewal fee.

C. If a timely renewal application is filed, the vacation home rental permit shall not expire until the date that the city manager approves or denies the renewal application. If a timely renewal application is not filed, the vacation home rental permit shall expire and shall be considered null and void.

D. A renewal application shall be subject to all filing requirements set forth in SLTCC 3.50.390(B).

E. The city manager shall issue or deny a renewal application in accordance with the provisions of SLTCC 3.50.410(C).

3.50.410 Review, issuance and denial of vacation home rental permit applications.

A. Vacation home rental permits shall only be issued to the owner(s) of the vacation home rental property.

B. Criteria for Issuance – Initial Application. The city manager shall issue a vacation home rental permit where they make all of the following findings:

1. The vacation home rental application is complete and the applicant has complied with the submittal requirements of SLTCC 3.50.390(B).

2. In residential areas, inspection of the vacation home rental property has shown that the proposed vacation home rental property conforms with all plan area statements and building code standards which were in effect at time of construction of the vacation home rental property, that no health and safety violations which threaten the wellbeing of guests, neighbors or the community are present at the vacation home rental property, that the defensible space requirements of California Public Resources Code Section 4291, as may be amended, are met, and that the applicable requirements of SLTCC 3.50.440 are met including verifying the parking areas set forth on the application, the required interior and exterior signage, lighting, and that the required noise and video monitoring devices are installed and operational. 284
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3. Neither the vacation home rental property nor the vacation home rental applicant has received three or more upheld citations within any three events and/or calls for service for violations of the city code which citations were issued during three separate events and/or calls for service within any 24-month period, and the vacation home rental property does not have outstanding fines for any upheld citations. For purposes of this section, upheld citations means citations which were neither overturned on appeal nor dismissed.

4. The vacation home rental property contains sufficient paved parking spaces to accommodate the maximum number of occupants. All required parking shall be constructed on the vacation home rental property prior to operation as a vacation home rental.

5. The proposed vacation home rental would not exceed the cap of 1,200 vacation home rental permits in SLTCC 3.50.380(F).

C. Criteria for Issuance – Renewal Application. The city manager shall issue a renewed vacation home rental permit where they make all of the following findings:

1. The renewal application is complete and the applicant has complied with the submittal requirements of SLTCC 3.50.390(B).

2. There have not been three or more upheld citations issued for violations of the city code which citations were issued during three separate events and/or calls for service within any 24-month period, and the vacation home rental property does not have outstanding fines for any upheld citations. For purposes of this subsection, upheld citations means citations which were neither overturned on appeal nor dismissed.

3. The vacation home rental permit has not lapsed, expired, been revoked, or suspended.

4. The vacation home rental is current on transient occupancy taxes and has paid all said taxes to the city in full by the date upon which said taxes became due.

5. The vacation home rental permit has not been transferred to another person, entity, or property.

D. Criteria for Denial. Vacation home rental permits shall not be issued or renewed where the city manager confirms that one or more of the criteria for issuance set forth in subsections (B) and (C) of this section have not been met. If the city manager denies the vacation home rental application or renewal application, they shall specify in writing the reasons for the denial and notify the applicant that the decision shall become final unless the applicant seeks an appeal pursuant to SLTCC

3.50.430.

3.50.420 Revocation of vacation home rental permit.

A. A vacation home rental permit issued under the terms of this article shall be revoked by the city manager at any time if they conclude any of the following:

1. The vacation home rental is not current on transient occupancy taxes and has not paid all said taxes to the city in full by the date upon which said taxes became due.

2. There have been three or more upheld citations for violations of the city code which citations were issued during three separate events and/or calls for service for violations of the city code at the vacation home rental within any 24-month period. For purposes of this section, upheld citations means citations which were neither overturned on appeal nor dismissed. 285
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3. The vacation home rental applicant has submitted a vacation home rental application containing a material misrepresentation or omission of a material fact.

4. There has been a transfer or an attempt to transfer a vacation home rental permit to another person, entity or property.

B. A vacation home rental permit suspended or revoked pursuant to this section shall be deemed to be expired and shall no longer authorize the operation of a vacation home rental.

3.50.430 Appeal from city manager’s determination.

An applicant or any interested party who disagrees with the city manager’s decision to issue, deny, revoke, or suspend a vacation home rental permit may appeal that decision to a hearing officer in accordance with the appeal provisions of Chapter 2.35 SLTCC. The hearing officer’s decision shall be final and is not subject to further administrative appeals.

3.50.440 Conditions of operation.

All vacation home rental properties shall be operated, maintained, and managed on a day-to-day basis in compliance with the following operational conditions and requirements, irrespective of whether they are being used as a vacation home rental at a given time. In residential areas, the owner shall designate and maintain a property manager to ensure compliance with the conditions set forth in this section. Violation of any of the below conditions of operation shall subject the owner to citation in accordance with SLTCC 3.50.450. Additionally, violation of conditions of operation set forth in subsections (A), (C), (H), (K), (L), (O), (Q), and (R) of this section shall subject any occupant found violating such condition to citation in accordance with SLTCC 3.50.450.

A. Maximum Occupancy.

1. Occupancy of the vacation home rental shall be limited by (1) the number of paved parking spaces on the vacation home rental property as shown in Table 1 of this subsection, and (2) the number of bedrooms in the property as shown in Tables 2(a) and 2(b) of this subsection, whichever is lesser. For purposes of this subsection, occupancy shall be calculated by the number of persons present at the vacation home rental property at any given time.

Table 1. Number of Paved Parking Spaces Establishing Maximum Occupancy Number of
Parking Spaces
Maximum
Occupancy
1 4
2 8
3 12
4 16
5 20
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Table 2(a). Number of Bedrooms Establishing Maximum Occupancy (Outside Residential Areas)
Number of
Bedrooms
Maximum
Occupancy
Studio 4
1 6
2 8
3 10
4 12
5 14
Table 2(b). Number of Bedrooms Establishing Maximum Occupancy (In Residential Areas) Number of
Bedrooms
Maximum
Occupancy
Studio 2
1 2
2 4
3 6
4 8
5 10
Outside residential areas, where the maximum occupancy for a vacation home rental is based upon the number of bedrooms, occupancy of a vacation home rental with one or more bedrooms shall be calculated by multiplying the number of bedrooms by two and adding four. In residential areas, where the maximum occupancy for a vacation home rental is based upon the number of bedrooms, occupancy of a vacation home rental shall be calculated by multiplying the number of bedrooms by two. For vacation home rentals with one or more bedrooms, up to five children aged 13 and under do not count towards the maximum occupancy. For studios, up to two children aged 13 and under do not count towards the maximum occupancy.

The voluntary reduction of occupancy in order to reduce fees is not permitted.

The requirements of this subsection limiting maximum occupancy based on number of parking spaces shall not apply to any vacation home rental that is within a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq.; provided, that the board of directors of the association governing the common interest development has implemented rules or regulations regarding parking for occupants of vacation home rentals within such common interest development.

B. Each parking space required for a vacation home rental permit shall remain available for vacation home rental occupants. Each parking space shall be no less than nine feet wide and 19 feet long. 287
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C. Commercial Activity Prohibited. Vacation home rentals shall not be used for commercial activities, including, but not limited to, weddings, receptions and large parties. All occupants of the vacation home rental shall be notified of the prohibition against commercial activities prior to the reservation, rental, or lease of a vacation home rental.

D. The owner of the vacation home rental shall be responsible for compliance with all provisions of the South Lake Tahoe City Code.

E. The owner of the vacation home rental shall post a copy of the permit and a copy of the conditions set forth in this section in a conspicuous place within the vacation home rental property.

F. All marketing and advertising of the vacation home rental shall include the vacation home rental permit number issued by the city. In residential areas, all marketing and advertising of the vacation home rental shall include a statement that the property is in a residential area and is subject to enhanced regulations and enforcement to prevent disturbances and preserve neighborhood character.

G. The owner shall agree to and authorize the city to enter the vacation home rental for the purpose of inspections when the city has received complaints of substandard housing conditions and/or has been made aware of substandard housing conditions.

H. Use of all outdoor spas or hot tubs shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m.

I. Interior Signage. Vacation home rentals shall have a clearly visible and legible notice posted on or directly adjacent to the inside of the front door, containing the following information:

1. The name of the property manager and a telephone number enabled for text messaging at which that person may be reached on a 24-hour basis, seven days per week;

2. The maximum number of occupants for the vacation home rental;

3. The maximum number of vehicles permitted to be parked on the vacation home rental property;

4. The parking rules for seasonal snow removal;

5. The trash pickup day and notification that solid waste and recyclables shall not be left or stored on the exterior of the property except in a bear box or animal-resistant cart or container approved by the city or its franchisee under Chapter 4.150 SLTCC;

6. Notification that an occupant may be cited and fined for creating a disturbance or for violating any provision(s) of this article; and

7. Notification that failure to conform to the parking and occupancy limits of the vacation home rental is a violation of this article.

J. Exterior Signage. Vacation home rentals shall have a clearly visible and legible exterior sign, posted in a location which is visible from the adjacent right-of-way, containing the following information:

1. The name of the property manager and owner of the vacation home rental, and a telephone number at which the property manager may be reached on a 24-hour basis, seven days per week;

2. The maximum number of occupants for the vacation home rental; 288
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3. The maximum number of vehicles permitted to be parked on the vacation home rental property;

4. The telephone number of the police department vacation home rental hotline, and the police department’s email address;

5. This section of the South Lake Tahoe City Code.

K. Parking. Occupants of vacation home rentals shall not park on areas of the vacation home rental property not designated as parking spaces or on any other private property without permission.

L. Noise. In addition to all noise standards set forth in the city code and TRPA Code, the use of any equipment generating noise and the use of outdoor amplified music, speakers or other amplified equipment is prohibited between the hours of 10:00 p.m. and 8:00 a.m.

M. Emergency lighting (which may consist of plug-in or permanently installed systems) shall be installed, maintained and functional within the home at all times.

N. Any lights used to illuminate a vacation home rental property shall be designed so as to not spray onto adjoining properties and adjacent rights-of-way.

O. Parking of commercial vehicle(s) on vacation home rental property, except temporarily for durations of less than four hours, shall be prohibited.

P. Records of every night for which the vacation home rental is rented, including the name and contact information of the tenant who has arranged to rent the vacation home rental, the rental rate, the number of occupants per night, and the number of vehicles, shall be maintained for a minimum period of three years before such records are discarded or destroyed. Such records shall be made available to the city within 15 business days upon written request from the city.

Q. Camping and sleeping in tents, travel trailers, campers or recreational vehicles shall not be permitted on the vacation home rental property.

R. Trash.

1. Owners are responsible for compliance with all requirements for sorting, disposal, storage, and collection of solid waste, recyclables, and yard trimmings in Chapter 4.150 SLTCC. Solid waste and recyclables shall not be left or stored on the exterior of the property except in a container(s) within a bear box or in an animal-resistant cart or container approved by the city or its franchisee under Chapter 4.150 SLTCC. Owners are required to acquire and use an animal-resistant recycling cart within 30 days of receiving notice from the city or its franchisee that such recycling carts are available.

2. If a bear box is installed on the vacation home rental property, then all solid waste shall be stored in said bear box until collection. All bear boxes shall remain functional and maintained so as to ensure that wildlife cannot access trash. The requirements of this subsection shall not apply to any person whose vacation home rental is within a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq.; provided, that the board of directors of the association governing the common interest development has implemented rules or regulations requiring and enforcing the regular disposal of trash within such common interest development.

3. For vacation home rental properties with a bear box installed, Table 1 of this subsection establishes the number of trash cans within bear boxes required. 289
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Table 1. Minimum Number of Trash Cans Within Bear Box
Size of Home Number of
Trash Cans
Less than 2,500 square
feet
2 2,500 – 3,500 square
feet
3 Greater than 3,500
square feet
4 4. Vacation home rental owners and property managers shall arrange for the necessary level of trash pick-up, drop-off, or other trash removal from the property so as to ensure that no trash is left on the street, exterior of the dwelling unit, or the right-of-way.

S. Owner or authorized agent shall include the vacation home rental permit number on all contracts, rental agreements, and in any advertising or websites depicting the vacation home rental.

T. Transient Occupancy Tax. The owner of the vacation home rental shall remit all transient occupancy tax payments and comply with Article II of this chapter. The owner or agent shall report the number of room nights rented for each vacation home rental when remitting transient occupancy tax payments.

U. For properties in residential areas, the property manager shall meet the occupants either in person or virtually to check them in at the beginning of each vacation home rental to, at a minimum:

1. Verify the identities of all responsible party(ies) entering into a vacation home rental contract;

2. Verify that all responsible party(ies) entering into a vacation home rental contract are 25 years of age or older; and

2. Ensure that the property manager and responsible party(ies) have signed the good neighbor contract certifying that the property manager has reviewed the conditions of operation of this section with the responsible party(ies), which good neighbor contract shall be maintained for three years and made available to the city upon written request within 15 business days.

V. For properties in residential areas, the owner shall install indoor noise and outdoor video monitoring devices to immediately alert the property manager 24 hours a day, seven days a week, of potential violations of the conditions of operation of this SLTCC 3.50.440, including those conditions of operation related to noise, trash, and parking. The purpose of this requirement is to provide property managers with access to real-time information to allow them to prevent nuisances before neighbors are disturbed and to prevent violations of the conditions of operation.

W. For properties in residential areas, the property manager shall provide and maintain a local contact number with 24-hour, seven days a week, availability for receiving reports of violations from the city and neighbors, and the property manager shall be available to respond in person within 60 minutes to such complaints, 24 hours a day, seven days a week. 290
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3.50.450 Enforcement.

A. Any use or condition caused or permitted to exist in violation of any provision of this article shall be and hereby is declared a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure Section 731 or any other remedy available to the city.

B. Any use or condition caused or permitted to exist in violation of any provision of this article shall be subject to citation in an amount set forth by separate resolution of the city council.

C. The city may issue a citation based wholly or in part on photographic, video, or audio recorded evidence provided by a third party upon submission of a signed affidavit from the person who took the photograph or made the recording authenticating the evidence, if a preponderance of the evidence shows that a violation occurred.

D. Appeals of citations are subject to Chapter 2.30 SLTCC, except for any appeal of a third citation within a 24-month period resulting in revocation of a vacation home rental permit is subject to Chapter

2.35 SLTCC, and will be heard by a hearing officer along with the appeal of the permit revocation under SLTCC 3.50.430.

3.50.460 No property rights conferred.

Vacation home rental permits shall not be construed as providing property rights or vested interests and entitlements in continued operation of a vacation home rental. Vacation home rental permits are revocable licenses which expire annually. Vacation home rental permits shall not run with the land.

SECTION 2. Table 2.35.070 (Appealable Actions and Matters) of the South Lake Tahoe City Code is hereby amended to read in its entirety as follows:

Table 2.35.070: Appealable Actions and Matters
Permit or Action Type Reference
Section
Intermediary Appeal
Officer or Board
Final Appeal
Officer or Board
Tax Determinations 3.20.060

3.20.110
Tax Collector City Council
Emergency
Communication System
Access Fee

3.30.170 Finance Director City Manager
Business and
Professions Tax and
License

3.35.170

3.35.260
None City Council
Business Classification 3.35.310 Tax Collector City Council Revocation of Business
Permit by the Chief of
Police for Violation of
California Health and
Safety Section 11364.5

3.35.420 None City Manager
Transient Lodging Tax
Redetermination

3.50.130 Finance Director City Manager
Transient Lodging:

Occupancy and Permits

3.50.040 Planning Commission City Council
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Permit or Action Type Reference
Section
Intermediary Appeal
Officer or Board
Final Appeal
Officer or Board
Vacation Home Rental
Permit

3.50.430 None Hearing Officer
Vacation Home Rental
Permit Third Citation
and Revocation

3.50.450 None Hearing Officer
Animal Control Fees 4.05.080 None City Council
Massage 4.15.040 None City Council
Bingo Permit 4.20.060 None City Council
Mobile Vending Permit 4.35.080 None City Council
Alcohol Use Permit 4.70.130 None City Council
Escort Permit Grant,
Denial, Suspension or
Revocation

4.70.200 City Manager City Council
Private Patrol Permit 4.140.090 None City Council
False Alarm Permit 4.145.070 None City Manager
Refuse and Garbage 4.150.025 None City Council
Taxicab Suspension or
Revocation of Permit

4.155.110 None City Manager
Cannabis Public Safety
License

4.180.050 None City Council
Hazardous Vegetation
and Defensible Space

5.30.100 None Hearing Officer
Land Use Development
Standards

6.10.090

6.10.250
See 6.10.090 Table 1 See 6.10.090
Table 1
Housing: Unit
Determination

6.25.080 None City Council
Multifamily Dwelling
Inspection and
Maintenance Program

6.30.170 None Building Board of
Appeals
Plan Line Setback:

Building Permit

6.35.060 None Planning
Commission
Signs 6.40.270 Planning Commission City Council
Trees 6.50.040

6.50.180
None City Council
Condominium
Conversion

6.55.210 Planning Commission City Council
Use Permit and
Variances

6.55.220

6.55.580

6.55.590
Planning Commission City Council
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Permit or Action Type Reference
Section
Intermediary Appeal
Officer or Board
Final Appeal
Officer or Board
Special Events and
Temporary Use Permit

6.55.230 Planning Commission City Council
Hosted Rental Permit 6.55.295 None Planning
Commission
Cannabis Use Permit 6.55.770 None City Council
Floodplain Management 6.65.160 None City Council
Mobile Vending
Location

6.70.060 Planning Commission City Council
Wireless Facility
Permits

6.75.040

6.75.080
Planning Commission City Council
Urban Runoff and
Storm Water Quality
Violations

7.15.180 Public Works Director City Council
Grading, Erosion, and
Sediment Control
Decisions

7.20.260 None Public Works
Director
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 this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, and under CEQA Guidelines section 15308 because it is amending a regulatory process to protect the environment.

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 30 days following its adoption.

Adopted by the City of South Lake Tahoe City Council on November 4, 2025 by the following vote:

Yes:

No:

Abstain:

Absent:
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________________________ Date:_________
Tamara Wallace, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
First Reading:

Published:

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.
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3.50.370 Definitions.
“Bear box” shall have the same meaning as set forth in SLTCC 4.150.010. “Buffer zone” shall mean the area within 150 feet of any property line of a vacation home rental property, except for condominiums, as measured using the city of South Lake Tahoe’s geographic information system data.
“City manager” shall mean the city manager as set forth in Chapter 2.10 SLTCC, or their designee.
“Condominium” shall mean a dwelling unit in a residential development that is under a legal arrangement specifying that the unit is individually owned but the common areas are owned, controlled, and maintained through an organization consisting of all individual owners. “Dwelling unit” shall mean a building, or portion thereof, that contains living facilities including provisions for sleeping, eating, cooking, and sanitation for the exclusive use of one or more people maintaining a household, not including city-approved hotels, motels, bed and breakfasts, or timeshares.
“Electronic signature” shall have the same meaning as set forth in SLTCC 2.40.010. “Good neighbor contract” shall mean a document prepared by the city manager that summarizes the conditions of operations in SLTCC 3.50.440 for which occupants are responsible for compliance and subject to citation for violating, to be signed by wet or electronic signature before or during check-in by the property manager and the responsible party(ies) entering into a vacation home rental contract for each vacation home rental in areas outside the tourist core area plan.
“Multifamily dwelling unit” shall mean a dwelling unit that is attached, meaning that it shares at least one wall, floor, or ceiling with at least one other dwelling unit., except that cCondominiums within the tourist core area plan are not considered multifamily dwelling units. “Occupant” shall mean any person who is on or in a vacation home rental property other than service providers, whether or not the person stays overnight. “Owner” shall mean the person(s) or entity(ies) that hold legal or equitable title to a dwelling unit.
“Property manager” shall mean the person designated by the owner to implement the requirements of SLTCC 3.50.440 in residential areas outside the tourist core area plan. The owner or an agent designated by the owner may serve as the property manager. “Renewal application” shall mean an application for a renewed vacation home rental permit which application may be submitted by the vacation home rental applicant. “Rent” shall have that definition set forth in SLTCC 3.00.010. “Residential areas” shall mean areas zoned for residential use and excluding all areas within the Tourist Core Area Plan, Tahoe Valley Area Plan, Sierra-Tract Commercial Plan Area Statement, 295
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South Y Industrial Tract Community Plan, and Bijou/Al Tahoe Community Plan Districts 1, 2, 3, and 4, and parcels zoned for recreational use.
“Vacation home rental” shall mean the rent or rental of an entire dwelling unit by the owner or agent to another person or group of persons for occupancy, dwelling, lodging, or sleeping purposes for a period of less than 30 consecutive calendar days. The rental of units within city-approved hotels, motels, time-shares, and bed and breakfasts shall not be considered to be vacation home rentals.
“Vacation home rental applicant” shall mean the person(s) or entity(ies) who apply for a vacation home rental permit by submitting and signing a vacation home rental application. A vacation home rental applicant may be an owner(s) of the dwelling unit, an agent(s), or another authorized representative(s) of an owner of the dwelling unit.
“Vacation home rental permit” shall mean a permit issued to the property owner and pursuant to the provisions of this chapter that allows the use of a dwelling unit as a short-term rental. “Vacation home rental property” shall mean a parcel of real property, as shown on the latest equalized tax assessment roll as maintained by the assessor of the county of El Dorado, upon which a vacation home rental(s) is (are) maintained. “Vacation home rental property” includes the premises upon which a vacation home rental is located, including parking areas, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, spas, tennis and paddleboard courts, and other similar and related improvements. “Waitlist” shall mean the list of vacation home rental permit applicants the city manager maintains when the number of vacation home rental permits issued in residential areas exceeds the cap of 1,200, to be maintained in the order each application is deemed complete and used when vacation home rental permits become available.

3.50.380 Vacation home rentals – General provisions.

A. Vacation Home Rentals Allowed. Subject to the provisions of this article, vacation home rentals shall be permitted within the city.

B. Vacation Home Rental Permit Required to Operate. It shall be unlawful for any person or entity to rent, maintain, facilitate, advertise or list a dwelling unit as a short-term rental without a valid vacation home rental permit issued pursuant to this article.

C. Vacation Home Rental Permits Nontransferable.

1. Permit – Site Specific. It shall be unlawful for any person to give, grant or otherwise transfer a vacation home rental permit from one dwelling unit to another.

2. Transfer of Permits Prohibited. All permits issued by the city pursuant to this article shall be nontransferable to a different person or entity to whom said permit was issued. (a) Notwithstanding subsection (C)(2) of this section, a permit may be transferred from one owner of a vacation home rental to another owner of the vacation home rental as long as the transferee was an owner of the vacation home rental at the time the vacation 296
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3. Upon any change of ownership of a vacation home rental property, an initial vacation home rental application shall be submitted pursuant to SLTCC 3.50.390(A).

D. Multifamily Dwelling Units and Condominiums.

1. It shall be unlawful to rent, lease, use or operate a multifamily dwelling unit as a vacation home rental.

2. Condominiums are eligible for vacation home rental permits, except for condominiums that are part of a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq. and which condominiums are subject to a prohibition on short-term rentals adopted by the common interest development pursuant to Cal. Civ. Code § 4741, as may be amended.

2. Notwithstanding subsection (D)(1) of this section, owners of multifamily dwelling units that are condominiums and had a valid vacation home rental permit at such condominium on September 1, 2016, may apply for a vacation home rental permit for said multifamily dwelling unit and will be issued or denied a permit or renewal permit based on the criteria of SLTCC 3.50.410.

E. Agency and Property Management.

1. An owner may retain an agent to comply with the requirements of this article, including, without limitation, the filing of an application for a vacation home rental permit, the management of the vacation home rental, and compliance with the conditions of the permit.

The owner of the vacation home rental is responsible for compliance with the provisions of this article and the failure of an agent to comply with this article shall not relieve the owner of their obligations as set forth in this article.

2. In residential areas outside the tourist core area plan, owners are required to designate and maintain a property manager at all times.

F. Anticlustering RequirementsCap. The total number of vacation home rental permits issued in residential areas shall not exceed 1,200.

1. Outside of the tourist core area plan, a vacation home rental shall not operate on a parcel located within 150 feet of another parcel outside of the tourist core area plan with a vacation home rental permit.

2. No more than one vacation home rental shall operate on a parcel.

3. Distances under this subsection shall be calculated as a straight line from any parcel line of the permitted vacation home rental property to the parcel line of any other parcel.

Locational restrictions shall apply to an entire parcel if any portion of the parcel is located within the applicable buffer zone.
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4. Notwithstanding subsection (F)(1) of this section, condominiums are exempt from the anti- clustering requirements, meaning that no buffer zone around condominiums is required, and condominiums are not subject to buffer zones around other vacation home rental properties.

G. Transient occupancy tax shall be assessed for vacation home rentals.

H. Permits and Fees Not Exclusive. Permits and fees required by this article shall be in addition to any license, permit or fee required under any provision of the city code. The issuance of any permit pursuant to this article shall not relieve the owner of the vacation home rental from their obligation to comply with all other provisions of the city code pertaining to use and occupancy of the vacation home rental.

I. No more than one vacation home rental shall operate on a parcel.

3.50.390 Vacation home rental application procedures.

A. Initial Applications.

1. All persons or entities interested in operating a vacation home rental may submit a vacation home rental application along with the application fee in an amount set forth in the city’s master fee schedule. For applications in areas where vacation home rentals were previously prohibited under Measure T, the city council may, by resolution, set an initial application period for applicants whose vacation home rental permit at the same property that is in good standing and was not renewed in 2021 because of Measure T, and for applicants whose qualified vacation home rental permit at the same property is in good standing and became void in April 2025 because of the court’s judgment in the Measure T lawsuit. Applications in such areas that are submitted by applicants not qualifying for the initial application period will not be accepted until the initial application period has expired.

2. It shall be the applicant’s responsibility to provide all information and materials required to comply with the vacation home rental application submittal requirements.

3. The filing date of the vacation home rental application shall be the date when the city manager officially receives the last submission of information or materials required by subsection (B) of this section and the application is deemed complete. If the city manager determines an application submittal is incomplete, a vacation home rental applicant shall be notified of such incompleteness within 30 calendar days of receipt of the vacation home rental application by the city manager. If the city manager does not receive a complete application within 30 calendar days of providing notice of incompleteness, the city manager shall no longer consider that application and the application shall be deemed withdrawn.

4. All vacation home rental applications which have been deemed complete by the city manager shall be reviewed and processed in the order of the application’s filing date.

5. Once an application is deemed complete, the city manager shall make reasonable efforts to schedule an inspection of the vacation home rental within 14 days. Vacation home rental applicants shall have 45 days to make all changes and improvements to the vacation home rental which are required by the city pursuant to the inspection. If the vacation home rental applicant fails to make all changes and improvements to the vacation home rental within 45 298
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6. The city manager shall continue to review applications and inspect vacation home rental properties until all applications have been reviewed, or in residential areas, until the city can issue no further vacation home rental permits based on the cap in SLTCC 3.50.380(F), and then shall maintain a waitlist. The city shall issue no more than 150 vacation home rental permits per month.

7. Inspections Required in Residential Areas.
(a) The city manager shall inspect all dwelling units in residential areas for compliance with this article prior to issuing a vacation home rental permit for said dwelling unit. (b) Vacation home rental permit applicants may be required to make improvements or changes to the proposed vacation home rental property in order to ensure that the proposed vacation home rental property conforms with all plan area statements and building code standards which were in effect at time of construction of the vacation home rental property and that no health and safety violations which threaten the well-being of guests, neighbors or the community are present at the vacation home rental property, including compliance with defensible space requirements of California Public Resources Code Section 4291, as may be amended.
(c) Notwithstanding subsections (A)(7)(a) and (A)(7)(b) of this section, inspections shall not be required for vacation home rental renewal applications. (d) Notwithstanding subsections (A)(7)(a) and (A)(7)(b) of this section, inspections shall not be required for vacation home rentals located in the tourist core area plan.

B. Vacation Home Rental Application and Renewal Application Filing Requirements.

1. Vacation home rental applications and renewal applications shall be submitted on forms provided by the city manager and shall include, but not be limited to, the following information:
(a) Owner(s) name(s).
(b) Property manager contact information, in residential areas including local contact number with 24-hour, seven days a week availability for reporting violations. Any change in the property manager and local contact number shall be promptly furnished to the city manager.
(c) Square footage of home.
(d) Owner mailing address.
(e) Proposed vacation home rental address and assessor’s parcel number. (f) Vacation home rental permit number, if existing vacation home rental. (g) Number of bedrooms in vacation home rental.
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(j) Permit number and expiration date of prior vacation home rental permit or qualified vacation home rental permit held by owner(s) at proposed vacation home rental property, if any.

2. Vacation home rental applications and renewal applications filed by agents, representatives, or authorized representatives of the owner of the vacation home rental property shall include a declaration that such application is being made with the consent of the vacation home rental owner.

3. Vacation home rental applications and renewal applications shall be accompanied by a declaration that any and all applicable covenants, conditions and restrictions are consistent with and would not prohibit issuance of a vacation home rental permit for the proposed property.

4. The vacation home rental application and renewal application shall be accompanied by an application fee in an amount set forth by separate resolution of the city council which amount is calculated to recover the city’s full cost of reviewing, issuing and administering said permit.

5. If a renewal application is denied, and the applicant wishes to operate a vacation home rental, the applicant must initiate a vacation home rental application by filing an initial application and complying with the procedures of subsection (A) of this section.

3.50.400 Expiration and renewal of vacation home rental permits.

A. Vacation home rental permits shall expire one year after their issuance.

B. Vacation home rental permits must be renewed on an annual basis prior to expiration by filing with the city manager a renewal application and a renewal fee.

C. If a timely renewal application is filed, the vacation home rental permit shall not expire until the date that the city manager approves or denies the renewal application. If a timely renewal application is not filed, the vacation home rental permit shall expire and shall be considered null and void.

D. A renewal application shall be subject to all filing requirements set forth in SLTCC

3.50.390(B).

E. The city manager shall issue or deny a renewal application in accordance with the provisions of SLTCC 3.50.410(C).

3.50.410 Review, issuance and denial of vacation home rental permit applications.

A. Vacation home rental permits shall only be issued to the owner(s) of the vacation home rental property.

B. Criteria for Issuance – Initial Application. The city manager shall issue a vacation home rental permit where they make all of the following findings:
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1. The vacation home rental application is complete and the applicant has complied with the submittal requirements of SLTCC 3.50.390(B).

2. In residential areas, inspection of the vacation home rental property has shown that the proposed vacation home rental property conforms with all plan area statements and building code standards which were in effect at time of construction of the vacation home rental property, that no health and safety violations which threaten the wellbeing of guests, neighbors or the community are present at the vacation home rental property, that the defensible space requirements of California Public Resources Code Section 4291, as may be amended, are met, and that the applicable requirements of SLTCC 3.50.440 are met including verifying the parking areas set forth on the application, the required interior and exterior signage, lighting, and that the required noise and video monitoring devices are installed and operational.

3. Neither the vacation home rental property nor the vacation home rental applicant has received three or more upheld citations within any three events and/or calls for service for violations of the city code which citations were issued during three separate events and/or calls for service within any 24-month period, and the vacation home rental property does not have outstanding fines for any upheld citations. For purposes of this section, upheld citations means citations which were neither overturned on appeal nor dismissed.

4. The vacation home rental property contains sufficient paved parking spaces to accommodate the maximum number of occupants. All required parking shall be constructed on the vacation home rental property prior to operation as a vacation home rental.

5. The proposed vacation home rental would comply with the anti-clustering requirementsnot exceed the cap of 1,200 vacation home rental permits in of SLTCC

3.50.380(F).

C. Criteria for Issuance – Renewal Application. The city manager shall issue a renewed vacation home rental permit where they make all of the following findings:

1. The renewal application is complete and the applicant has complied with the submittal requirements of SLTCC 3.50.390(B).

2. There have not been three or more upheld citations issued for violations of the city code which citations were issued during three separate events and/or calls for service within any 24-month period, and the vacation home rental property does not have outstanding fines for any upheld citations. For purposes of this subsection, upheld citations means citations which were neither overturned on appeal nor dismissed.

3. The vacation home rental permit has not lapsed, expired, been revoked, or suspended.

4. The vacation home rental is current on transient occupancy taxes and has paid all said taxes to the city in full by the date upon which said taxes became due.

5. The vacation home rental permit has not been transferred to another person, entity, or property.
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D. Criteria for Denial. Vacation home rental permits shall not be issued or renewed where the city manager confirms that one or more of the criteria for issuance set forth in subsections (B) and (C) of this section have not been met. If the city manager denies the vacation home rental application or renewal application, they shall specify in writing the reasons for the denial and notify the applicant that the decision shall become final unless the applicant seeks an appeal pursuant to SLTCC 3.50.430.

3.50.420 Revocation of vacation home rental permit.

A. A vacation home rental permit issued under the terms of this article shall be revoked by the city manager at any time if they conclude any of the following:

1. The vacation home rental is not current on transient occupancy taxes and has not paid all said taxes to the city in full by the date upon which said taxes became due.

2. There have been three or more upheld citations for violations of the city code which citations were issued during three separate events and/or calls for service for violations of the city code at the vacation home rental within any 24-month period. For purposes of this section, upheld citations means citations which were neither overturned on appeal nor dismissed.

3. The vacation home rental applicant has submitted a vacation home rental application containing a material misrepresentation or omission of a material fact.

4. There has been a transfer or an attempt to transfer a vacation home rental permit to another person, entity or property.

B. A vacation home rental permit suspended or revoked pursuant to this section shall be deemed to be expired and shall no longer authorize the operation of a vacation home rental.

3.50.430 Appeal from city manager’s determination.

An applicant or any interested party who disagrees with the city manager’s decision to issue, deny, revoke, or suspend a vacation home rental permit may appeal that decision to the planning commissiona hearing officer in accordance with the appeal provisions of Chapter 2.35 SLTCC.

The planning commissionhearing officer’s decision shall be final and is not subject to further administrative appeals.

3.50.440 Conditions of operation.

All vacation home rental properties shall be operated, maintained, and managed on a day-to-day basis in compliance with the following operational conditions and requirements, irrespective of whether they are being used as a vacation home rental at a given time. In residential areas outside the tourist core area plan, the owner shall designate and maintain a property manager to ensure compliance with the conditions set forth in this section. Violation of any of the below conditions of operation shall subject the owner to citation in accordance with SLTCC 3.50.450.

Additionally, violation of conditions of operation set forth in subsections (A), (C), (H), (K), (L), (O), (Q), and (R) of this section shall subject any occupant found violating such condition to citation in accordance with SLTCC 3.50.450.

A. Maximum Occupancy.
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1. Occupancy of the vacation home rental shall be limited by (1) the number of paved parking spaces on the vacation home rental property as shown in Table 1 of this subsection, and (2) the number of bedrooms in the property as shown in Tables 2(a) and 2(b) of this subsection, whichever is lesser. For purposes of this subsection, occupancy shall be calculated by the number of persons present at the vacation home rental property at any given time.

Table 1. Number of Paved Parking Spaces Establishing Maximum Occupancy Number of Parking
Spaces
Maximum
Occupancy
1 4
2 8
3 12
4 16
5 20
Table 2(a). Number of Bedrooms Establishing Maximum Occupancy (Within Tourist Core Area PlanOutside Residential Areas) Number of
Bedrooms
Maximum
Occupancy
Studio 4
1 6
2 8
3 10
4 12
5 14
Table 2(b). Number of Bedrooms Establishing Maximum Occupancy (Outside Tourist Core Area PlanIn Residential Areas)
Number of
Bedrooms
Maximum
Occupancy
Studio 2
1 2
2 4
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Number of
Bedrooms
Maximum
Occupancy
3 6
4 8
5 10
Within the tourist core area planOutside residential areas, where the maximum occupancy for a vacation home rental is based upon the number of bedrooms, occupancy of a vacation home rental with one or more bedrooms shall be calculated by multiplying the number of bedrooms by two and adding four. Outside the tourist core area planIn residential areas, where the maximum occupancy for a vacation home rental is based upon the number of bedrooms, occupancy of a vacation home rental shall be calculated by multiplying the number of bedrooms by two. For vacation home rentals with one or more bedrooms, up to five children aged 13 and under do not count towards the maximum occupancy. For studios, up to two children aged 13 and under do not count towards the maximum occupancy.

The voluntary reduction of occupancy in order to reduce fees is not permitted.

The requirements of this subsection limiting maximum occupancy based on number of parking spaces shall not apply to any vacation home rental that is within a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq.; provided, that the board of directors of the association governing the common interest development has implemented rules or regulations regarding parking for occupants of vacation home rentals within such common interest development.

B. Each parking space required for a vacation home rental permit shall remain available for vacation home rental occupants. Each parking space shall be no less than nine feet wide and 19 feet long.

C. Commercial Activity Prohibited. Vacation home rentals shall not be used for commercial activities, including, but not limited to, weddings, receptions and large parties. All occupants of the vacation home rental shall be notified of the prohibition against commercial activities prior to the reservation, rental, or lease of a vacation home rental.

D. The owner of the vacation home rental shall be responsible for compliance with all provisions of the South Lake Tahoe City Code.

E. The owner of the vacation home rental shall post a copy of the permit and a copy of the conditions set forth in this section in a conspicuous place within the vacation home rental property.

F. All marketing and advertising of the vacation home rental shall include the vacation home rental permit number issued by the city. In residential areas, all marketing and advertising of the vacation home rental shall include a statement that the property is in a residential area and is subject to enhanced regulations and enforcement to prevent disturbances and preserve neighborhood character.
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G. The owner shall agree to and authorize the city to enter the vacation home rental for the purpose of inspections when the city has received complaints of substandard housing conditions and/or has been made aware of substandard housing conditions.

H. Use of all outdoor spas or hot tubs shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m.

I. Interior Signage. Vacation home rentals shall have a clearly visible and legible notice posted on or directly adjacent to the inside of the front door, containing the following information:

1. The name of the property manager and a telephone number enabled for text messaging at which that person may be reached on a 24-hour basis, seven days per week;

2. The maximum number of occupants for the vacation home rental;

3. The maximum number of vehicles permitted to be parked on the vacation home rental property;

4. The parking rules for seasonal snow removal;

5. The trash pickup day and notification that solid waste and recyclables shall not be left or stored on the exterior of the property except in a bear box or animal-resistant cart or container approved by the city or its franchisee under Chapter 4.150 SLTCC;

6. Notification that an occupant may be cited and fined for creating a disturbance or for violating any provision(s) of this article; and

7. Notification that failure to conform to the parking and occupancy limits of the vacation home rental is a violation of this article.

J. Exterior Signage. Vacation home rentals shall have a clearly visible and legible exterior sign, posted in a location which is visible from the adjacent right-of-way, containing the following information:

1. The name of the property manager and owner of the vacation home rental, and a telephone number at which the property manager may be reached on a 24-hour basis, seven days per week;

2. The maximum number of occupants for the vacation home rental;

3. The maximum number of vehicles permitted to be parked on the vacation home rental property;

4. The telephone number of the police department vacation home rental hotline, and the police department’s email address;

5. This section of the South Lake Tahoe City Code.

K. Parking. Occupants of vacation home rentals shall not park on areas of the vacation home rental property not designated as parking spaces or on any other private property without permission.
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L. Noise. In addition to all noise standards set forth in the city code and TRPA Code, the use of any equipment generating noise and the use of outdoor amplified music, speakers or other amplified equipment is prohibited between the hours of 10:00 p.m. and 8:00 a.m.

M. Emergency lighting (which may consist of plug-in or permanently installed systems) shall be installed, maintained and functional within the home at all times.

N. Any lights used to illuminate a vacation home rental property shall be designed so as to not spray onto adjoining properties and adjacent rights-of-way.

O. Parking of commercial vehicle(s) on vacation home rental property, except temporarily for durations of less than four hours, shall be prohibited.

P. Records of every night for which the vacation home rental is rented, including the name and contact information of the tenant who has arranged to rent the vacation home rental, the rental rate, the number of occupants per night, and the number of vehicles, shall be maintained for a minimum period of three years before such records are discarded or destroyed. Such records shall be made available to the city within 15 business days upon written request from the city.

Q. Camping and sleeping in tents, travel trailers, campers or recreational vehicles shall not be permitted on the vacation home rental property.

R. Trash.

1. Owners are responsible for compliance with all requirements for sorting, disposal, storage, and collection of solid waste, recyclables, and yard trimmings in Chapter 4.150 SLTCC.

Solid waste and recyclables shall not be left or stored on the exterior of the property except in a container(s) within a bear box or in an animal-resistant cart or container approved by the city or its franchisee under Chapter 4.150 SLTCC. Owners are required to acquire and use an animal-resistant recycling cart within 30 days of receiving notice from the city or its franchisee that such recycling carts are available.

2. If a bear box is installed on the vacation home rental property, then all solid waste shall be stored in said bear box until collection. All bear boxes shall remain functional and maintained so as to ensure that wildlife cannot access trash. The requirements of this subsection shall not apply to any person whose vacation home rental is within a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq.; provided, that the board of directors of the association governing the common interest development has implemented rules or regulations requiring and enforcing the regular disposal of trash within such common interest development.

3. For vacation home rental properties with a bear box installed, Table 1 of this subsection establishes the number of trash cans within bear boxes required.

Table 1. Minimum Number of Trash Cans Within Bear Box
Size of Home Number of
Trash Cans
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Size of Home Number of
Trash Cans
Less than 2,500 square feet 2
2,500 – 3,500 square feet 3
Greater than 3,500 square
feet
4 4. Vacation home rental owners and property managers shall arrange for the necessary level of trash pick-up, drop-off, or other trash removal from the property so as to ensure that no trash is left on the street, exterior of the dwelling unit, or the right-of-way.

S. Owner or authorized agent shall include the vacation home rental permit number on all contracts, rental agreements, and in any advertising or websites depicting the vacation home rental.

T. Transient Occupancy Tax. The owner of the vacation home rental shall remit all transient occupancy tax payments and comply with Article II of this chapter. The owner or agent shall report the number of room nights rented for each vacation home rental when remitting transient occupancy tax payments.

U. For properties outside the tourist core area planin residential areas, the property manager shall meet the occupants either in person or virtually to check them in at the beginning of each vacation home rental to, at a minimum:

1. Verify the identities of all responsible party(ies) entering into a vacation home rental contract; and

2. Verify that all responsible party(ies) entering into a vacation home rental contract are 25 years of age or older; and

2. Ensure that the property manager and responsible party(ies) have signed the good neighbor contract certifying that the property manager has reviewed the conditions of operation of this section with the responsible party(ies), which good neighbor contract shall be maintained for three years and made available to the city upon written request within 15 business days.

V. For properties outside the tourist core area planin residential areas, the owner shall install indoor noise and outdoor video monitoring devices to immediately alert the property manager 24 hours a day, seven days a week, of potential violations of the conditions of operation of this SLTCC 3.50.440, including those conditions of operation related to noise, trash, and parking.

The purpose of this requirement is to provide property managers with access to real-time information to allow them to prevent nuisances before neighbors are disturbed and to prevent violations of the conditions of operation.

W. For properties outside the tourist core area planin residential areas, the property manager shall provide and maintain a local contact number with 24-hour, seven days a week, availability for receiving reports of violations from the city and neighbors, and the property manager shall be 307
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3.50.450 Enforcement.

A. Any use or condition caused or permitted to exist in violation of any provision of this article shall be and hereby is declared a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure Section 731 or any other remedy available to the city.

B. Any use or condition caused or permitted to exist in violation of any provision of this article shall be subject to citation in an amount set forth by separate resolution of the city council.

C. The city may issue a citation based wholly or in part on photographic, video, or audio recorded evidence provided by a third party upon submission of a signed affidavit from the person who took the photograph or made the recording authenticating the evidence, if a preponderance of the evidence shows that a violation occurred.

D. Appeals of citations are subject to Chapter 2.30 SLTCC, except for any appeal of a third citation within a 24-month period resulting in revocation of a vacation home rental permit is subject to Chapter 2.35 SLTCC, and will be heard by the planning commissiona hearing officer along with the appeal of the permit revocation under SLTCC 3.50.430.

3.50.460 No property rights conferred.

Vacation home rental permits shall not be construed as providing property rights or vested interests and entitlements in continued operation of a vacation home rental. Vacation home rental permits are revocable licenses which expire annually. Vacation home rental permits shall not run with the land.
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3.50.370 Definitions.
“Bear box” shall have the same meaning as set forth in SLTCC 4.150.010. “Buffer zone” shall mean the area within 150 feet of any property line of a vacation home rental property, except for condominiums, as measured using the city of South Lake Tahoe’s geographic information system data.
“City manager” shall mean the city manager as set forth in Chapter 2.10 SLTCC, or their designee.
“Condominium” shall mean a dwelling unit in a residential development that is under a legal arrangement specifying that the unit is individually owned but the common areas are owned, controlled, and maintained through an organization consisting of all individual owners. “Dwelling unit” shall mean a building, or portion thereof, that contains living facilities including provisions for sleeping, eating, cooking, and sanitation for the exclusive use of one or more people maintaining a household, not including city-approved hotels, motels, bed and breakfasts, or timeshares.
“Electronic signature” shall have the same meaning as set forth in SLTCC 2.40.010. “Good neighbor contract” shall mean a document prepared by the city manager that summarizes the conditions of operations in SLTCC 3.50.440 for which occupants are responsible for compliance and subject to citation for violating, to be signed by wet or electronic signature before or during check-in by the property manager and the responsible party(ies) entering into a vacation home rental contract for each vacation home rental in areas outside the tourist core area plan.
“Multifamily dwelling unit” shall mean a dwelling unit that is attached, meaning that it shares at least one wall, floor, or ceiling with at least one other dwelling unit., except that cCondominiums within the tourist core area plan are not considered multifamily dwelling units. “Occupant” shall mean any person who is on or in a vacation home rental property other than service providers, whether or not the person stays overnight. “Owner” shall mean the person(s) or entity(ies) that hold legal or equitable title to a dwelling unit.
“Property manager” shall mean the person designated by the owner to implement the requirements of SLTCC 3.50.440 in residential areas outside the tourist core area plan. The owner or an agent designated by the owner may serve as the property manager. “Renewal application” shall mean an application for a renewed vacation home rental permit which application may be submitted by the vacation home rental applicant. “Rent” shall have that definition set forth in SLTCC 3.00.010. “Residential areas” shall mean areas zoned for residential use and excluding all areas within the Tourist Core Area Plan, Tahoe Valley Area Plan, Sierra-Tract Commercial Plan Area Statement, 309
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South Y Industrial Tract Community Plan, and Bijou/Al Tahoe Community Plan Districts 1, 2, 3, and 4, and parcels zoned for recreational use.
“Vacation home rental” shall mean the rent or rental of an entire dwelling unit by the owner or agent to another person or group of persons for occupancy, dwelling, lodging, or sleeping purposes for a period of less than 30 consecutive calendar days. The rental of units within city-approved hotels, motels, time-shares, and bed and breakfasts shall not be considered to be vacation home rentals.
“Vacation home rental applicant” shall mean the person(s) or entity(ies) who apply for a vacation home rental permit by submitting and signing a vacation home rental application. A vacation home rental applicant may be an owner(s) of the dwelling unit, an agent(s), or another authorized representative(s) of an owner of the dwelling unit.
“Vacation home rental permit” shall mean a permit issued to the property owner and pursuant to the provisions of this chapter that allows the use of a dwelling unit as a short-term rental. “Vacation home rental property” shall mean a parcel of real property, as shown on the latest equalized tax assessment roll as maintained by the assessor of the county of El Dorado, upon which a vacation home rental(s) is (are) maintained. “Vacation home rental property” includes the premises upon which a vacation home rental is located, including parking areas, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, spas, tennis and paddleboard courts, and other similar and related improvements. “Waitlist” shall mean the list of vacation home rental permit applicants the city manager maintains when the number of vacation home rental permits issued in residential areas exceeds the cap of 1,200, to be maintained in the order each application is deemed complete and used when vacation home rental permits become available.

3.50.380 Vacation home rentals – General provisions.

A. Vacation Home Rentals Allowed. Subject to the provisions of this article, vacation home rentals shall be permitted within the city.

B. Vacation Home Rental Permit Required to Operate. It shall be unlawful for any person or entity to rent, maintain, facilitate, advertise or list a dwelling unit as a short-term rental without a valid vacation home rental permit issued pursuant to this article.

C. Vacation Home Rental Permits Nontransferable.

1. Permit – Site Specific. It shall be unlawful for any person to give, grant or otherwise transfer a vacation home rental permit from one dwelling unit to another.

2. Transfer of Permits Prohibited. All permits issued by the city pursuant to this article shall be nontransferable to a different person or entity to whom said permit was issued. (a) Notwithstanding subsection (C)(2) of this section, a permit may be transferred from one owner of a vacation home rental to another owner of the vacation home rental as long as the transferee was an owner of the vacation home rental at the time the vacation 310
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3. Upon any change of ownership of a vacation home rental property, an initial vacation home rental application shall be submitted pursuant to SLTCC 3.50.390(A).

D. Multifamily Dwelling Units and Condominiums.

1. It shall be unlawful to rent, lease, use or operate a multifamily dwelling unit as a vacation home rental.

2. Condominiums are eligible for vacation home rental permits, except for condominiums that are part of a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq. and which condominiums are subject to a prohibition on short-term rentals adopted by the common interest development pursuant to Cal. Civ. Code § 4741, as may be amended.

2. Notwithstanding subsection (D)(1) of this section, owners of multifamily dwelling units that are condominiums and had a valid vacation home rental permit at such condominium on September 1, 2016, may apply for a vacation home rental permit for said multifamily dwelling unit and will be issued or denied a permit or renewal permit based on the criteria of SLTCC 3.50.410.

E. Agency and Property Management.

1. An owner may retain an agent to comply with the requirements of this article, including, without limitation, the filing of an application for a vacation home rental permit, the management of the vacation home rental, and compliance with the conditions of the permit.

The owner of the vacation home rental is responsible for compliance with the provisions of this article and the failure of an agent to comply with this article shall not relieve the owner of their obligations as set forth in this article.

2. In residential areas outside the tourist core area plan, owners are required to designate and maintain a property manager at all times.

F. Anti-clustering Requirements and Cap.

1. The total number of vacation home rental permits issued in residential areas shall not exceed 1,200.

1. Outside of the tourist core area plan, a vacation home rental shall not operate on a parcel located within 150 feet of another parcel outside of the tourist core area plan with a vacation home rental permit.

2. No more than one vacation home rental shall operate on a parcel.

3. In residential areas, no vacation home rental may operate on a parcel adjacent to a parcel that has a vacation home rental permit, meaning that the parcels share a common parcel line between them.
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3. Distances under this subsection shall be calculated as a straight line from any parcel line of the permitted vacation home rental property to the parcel line of any other parcel.

Locational restrictions shall apply to an entire parcel if any portion of the parcel is located within the applicable buffer zone.

4. Notwithstanding subsection (F)(1) of this section, condominiums are exempt from the anti- clustering requirements, meaning that no buffer zone around condominiums is required, and condominiums are not subject to buffer zones around other vacation home rental properties.

G. Transient occupancy tax shall be assessed for vacation home rentals.

H. Permits and Fees Not Exclusive. Permits and fees required by this article shall be in addition to any license, permit or fee required under any provision of the city code. The issuance of any permit pursuant to this article shall not relieve the owner of the vacation home rental from their obligation to comply with all other provisions of the city code pertaining to use and occupancy of the vacation home rental.

3.50.390 Vacation home rental application procedures.

A. Initial Applications.

1. All persons or entities interested in operating a vacation home rental may submit a vacation home rental application along with the application fee in an amount set forth in the city’s master fee schedule. For applications in areas where vacation home rentals were previously prohibited under Measure T, the city council may, by resolution, set an initial application period for applicants whose vacation home rental permit at the same property that is in good standing and was not renewed in 2021 because of Measure T, and for applicants whose qualified vacation home rental permit at the same property is in good standing and became void in April 2025 because of the court’s judgment in the Measure T lawsuit. Applications in such areas that are submitted by applicants not qualifying for the initial application period will not be accepted until the initial application period has expired.

2. It shall be the applicant’s responsibility to provide all information and materials required to comply with the vacation home rental application submittal requirements.

3. The filing date of the vacation home rental application shall be the date when the city manager officially receives the last submission of information or materials required by subsection (B) of this section and the application is deemed complete. If the city manager determines an application submittal is incomplete, a vacation home rental applicant shall be notified of such incompleteness within 30 calendar days of receipt of the vacation home rental application by the city manager. If the city manager does not receive a complete application within 30 calendar days of providing notice of incompleteness, the city manager shall no longer consider that application and the application shall be deemed withdrawn.

4. All vacation home rental applications which have been deemed complete by the city manager shall be reviewed and processed in the order of the application’s filing date.

5. Once an application is deemed complete, the city manager shall make reasonable efforts to schedule an inspection of the vacation home rental within 14 days. Vacation home rental 312
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6. The city manager shall continue to review applications and inspect vacation home rental properties until all applications have been reviewed, or in residential areas, until the city can issue no further vacation home rental permits based on the cap in SLTCC 3.50.380(F)(1), and then shall maintain a waitlist. The city shall issue no more than 150 vacation home rental permits per month.

7. Inspections Required in Residential Areas.
(a) The city manager shall inspect all dwelling units in residential areas for compliance with this article prior to issuing a vacation home rental permit for said dwelling unit. (b) Vacation home rental permit applicants may be required to make improvements or changes to the proposed vacation home rental property in order to ensure that the proposed vacation home rental property conforms with all plan area statements and building code standards which were in effect at time of construction of the vacation home rental property and that no health and safety violations which threaten the well-being of guests, neighbors or the community are present at the vacation home rental property, including compliance with defensible space requirements of California Public Resources Code Section 4291, as may be amended.
(c) Notwithstanding subsections (A)(7)(a) and (A)(7)(b) of this section, inspections shall not be required for vacation home rental renewal applications. (d) Notwithstanding subsections (A)(7)(a) and (A)(7)(b) of this section, inspections shall not be required for vacation home rentals located in the tourist core area plan.

B. Vacation Home Rental Application and Renewal Application Filing Requirements.

1. Vacation home rental applications and renewal applications shall be submitted on forms provided by the city manager and shall include, but not be limited to, the following information:
(a) Owner(s) name(s).
(b) Property manager contact information, in residential areas including local contact number with 24-hour, seven days a week availability for reporting violations. Any change in the property manager and local contact number shall be promptly furnished to the city manager.
(c) Square footage of home.
(d) Owner mailing address.
(e) Proposed vacation home rental address and assessor’s parcel number. 313
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(h) Number of paved parking spaces on the vacation home rental property. (i) Identification of outdoor hot tub, if any.
(j) Permit number and expiration date of prior vacation home rental permit or qualified vacation home rental permit held by owner(s) at proposed vacation home rental property, if any.

2. Vacation home rental applications and renewal applications filed by agents, representatives, or authorized representatives of the owner of the vacation home rental property shall include a declaration that such application is being made with the consent of the vacation home rental owner.

3. Vacation home rental applications and renewal applications shall be accompanied by a declaration that any and all applicable covenants, conditions and restrictions are consistent with and would not prohibit issuance of a vacation home rental permit for the proposed property.

4. The vacation home rental application and renewal application shall be accompanied by an application fee in an amount set forth by separate resolution of the city council which amount is calculated to recover the city’s full cost of reviewing, issuing and administering said permit.

5. If a renewal application is denied, and the applicant wishes to operate a vacation home rental, the applicant must initiate a vacation home rental application by filing an initial application and complying with the procedures of subsection (A) of this section.

3.50.400 Expiration and renewal of vacation home rental permits.

A. Vacation home rental permits shall expire one year after their issuance.

B. Vacation home rental permits must be renewed on an annual basis prior to expiration by filing with the city manager a renewal application and a renewal fee.

C. If a timely renewal application is filed, the vacation home rental permit shall not expire until the date that the city manager approves or denies the renewal application. If a timely renewal application is not filed, the vacation home rental permit shall expire and shall be considered null and void.

D. A renewal application shall be subject to all filing requirements set forth in SLTCC

3.50.390(B).

E. The city manager shall issue or deny a renewal application in accordance with the provisions of SLTCC 3.50.410(C).
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3.50.410 Review, issuance and denial of vacation home rental permit applications.

A. Vacation home rental permits shall only be issued to the owner(s) of the vacation home rental property.

B. Criteria for Issuance – Initial Application. The city manager shall issue a vacation home rental permit where they make all of the following findings:

1. The vacation home rental application is complete and the applicant has complied with the submittal requirements of SLTCC 3.50.390(B).

2. In residential areas, inspection of the vacation home rental property has shown that the proposed vacation home rental property conforms with all plan area statements and building code standards which were in effect at time of construction of the vacation home rental property, that no health and safety violations which threaten the wellbeing of guests, neighbors or the community are present at the vacation home rental property, that the defensible space requirements of California Public Resources Code Section 4291, as may be amended, are met, and that the applicable requirements of SLTCC 3.50.440 are met including verifying the parking areas set forth on the application, the required interior and exterior signage, lighting, and that the required noise and video monitoring devices are installed and operational.

3. Neither the vacation home rental property nor the vacation home rental applicant has received three or more upheld citations within any three events and/or calls for service for violations of the city code which citations were issued during three separate events and/or calls for service within any 24-month period, and the vacation home rental property does not have outstanding fines for any upheld citations. For purposes of this section, upheld citations means citations which were neither overturned on appeal nor dismissed.

4. The vacation home rental property contains sufficient paved parking spaces to accommodate the maximum number of occupants. All required parking shall be constructed on the vacation home rental property prior to operation as a vacation home rental.

5. The proposed vacation home rental would comply with the anti-clustering requirements and would not exceed the cap of 1,200 vacation home rental permits in of SLTCC

3.50.380(F).

C. Criteria for Issuance – Renewal Application. The city manager shall issue a renewed vacation home rental permit where they make all of the following findings:

1. The renewal application is complete and the applicant has complied with the submittal requirements of SLTCC 3.50.390(B).

2. There have not been three or more upheld citations issued for violations of the city code which citations were issued during three separate events and/or calls for service within any 24-month period, and the vacation home rental property does not have outstanding fines for any upheld citations. For purposes of this subsection, upheld citations means citations which were neither overturned on appeal nor dismissed.

3. The vacation home rental permit has not lapsed, expired, been revoked, or suspended. 315
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4. The vacation home rental is current on transient occupancy taxes and has paid all said taxes to the city in full by the date upon which said taxes became due.

5. The vacation home rental permit has not been transferred to another person, entity, or property.

D. Criteria for Denial. Vacation home rental permits shall not be issued or renewed where the city manager confirms that one or more of the criteria for issuance set forth in subsections (B) and (C) of this section have not been met. If the city manager denies the vacation home rental application or renewal application, they shall specify in writing the reasons for the denial and notify the applicant that the decision shall become final unless the applicant seeks an appeal pursuant to SLTCC 3.50.430.

3.50.420 Revocation of vacation home rental permit.

A. A vacation home rental permit issued under the terms of this article shall be revoked by the city manager at any time if they conclude any of the following:

1. The vacation home rental is not current on transient occupancy taxes and has not paid all said taxes to the city in full by the date upon which said taxes became due.

2. There have been three or more upheld citations for violations of the city code which citations were issued during three separate events and/or calls for service for violations of the city code at the vacation home rental within any 24-month period. For purposes of this section, upheld citations means citations which were neither overturned on appeal nor dismissed.

3. The vacation home rental applicant has submitted a vacation home rental application containing a material misrepresentation or omission of a material fact.

4. There has been a transfer or an attempt to transfer a vacation home rental permit to another person, entity or property.

B. A vacation home rental permit suspended or revoked pursuant to this section shall be deemed to be expired and shall no longer authorize the operation of a vacation home rental.

3.50.430 Appeal from city manager’s determination.

An applicant or any interested party who disagrees with the city manager’s decision to issue, deny, revoke, or suspend a vacation home rental permit may appeal that decision to the planning commissiona hearing officer in accordance with the appeal provisions of Chapter 2.35 SLTCC.

The planning commissionhearing officer’s decision shall be final and is not subject to further administrative appeals.

3.50.440 Conditions of operation.

All vacation home rental properties shall be operated, maintained, and managed on a day-to-day basis in compliance with the following operational conditions and requirements, irrespective of whether they are being used as a vacation home rental at a given time. In residential areas outside the tourist core area plan, the owner shall designate and maintain a property manager to ensure compliance with the conditions set forth in this section. Violation of any of the below conditions of operation shall subject the owner to citation in accordance with SLTCC 3.50.450. 316
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Additionally, violation of conditions of operation set forth in subsections (A), (C), (H), (K), (L), (O), (Q), and (R) of this section shall subject any occupant found violating such condition to citation in accordance with SLTCC 3.50.450.

A. Maximum Occupancy.

1. Occupancy of the vacation home rental shall be limited by (1) the number of paved parking spaces on the vacation home rental property as shown in Table 1 of this subsection, and (2) the number of bedrooms in the property as shown in Tables 2(a) and 2(b) of this subsection, whichever is lesser. For purposes of this subsection, occupancy shall be calculated by the number of persons present at the vacation home rental property at any given time.

Table 1. Number of Paved Parking Spaces Establishing Maximum Occupancy Number of Parking
Spaces
Maximum
Occupancy
1 4
2 8
3 12
4 16
5 20
Table 2(a). Number of Bedrooms Establishing Maximum Occupancy (Within Tourist Core Area PlanOutside Residential Areas) Number of
Bedrooms
Maximum
Occupancy
Studio 4
1 6
2 8
3 10
4 12
5 14
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Table 2(b). Number of Bedrooms Establishing Maximum Occupancy (Outside Tourist Core Area PlanIn Residential Areas)
Number of
Bedrooms
Maximum
Occupancy
Studio 2
1 2
2 4
3 6
4 8
5 10
Within the tourist core area planOutside residential areas, where the maximum occupancy for a vacation home rental is based upon the number of bedrooms, occupancy of a vacation home rental with one or more bedrooms shall be calculated by multiplying the number of bedrooms by two and adding four. Outside the tourist core area planIn residential areas, where the maximum occupancy for a vacation home rental is based upon the number of bedrooms, occupancy of a vacation home rental shall be calculated by multiplying the number of bedrooms by two. For vacation home rentals with one or more bedrooms, up to five children aged 13 and under do not count towards the maximum occupancy. For studios, up to two children aged 13 and under do not count towards the maximum occupancy.

The voluntary reduction of occupancy in order to reduce fees is not permitted.

The requirements of this subsection limiting maximum occupancy based on number of parking spaces shall not apply to any vacation home rental that is within a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq.; provided, that the board of directors of the association governing the common interest development has implemented rules or regulations regarding parking for occupants of vacation home rentals within such common interest development.

B. Each parking space required for a vacation home rental permit shall remain available for vacation home rental occupants. Each parking space shall be no less than nine feet wide and 19 feet long.

C. Commercial Activity Prohibited. Vacation home rentals shall not be used for commercial activities, including, but not limited to, weddings, receptions and large parties. All occupants of the vacation home rental shall be notified of the prohibition against commercial activities prior to the reservation, rental, or lease of a vacation home rental.

D. The owner of the vacation home rental shall be responsible for compliance with all provisions of the South Lake Tahoe City Code.
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The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

E. The owner of the vacation home rental shall post a copy of the permit and a copy of the conditions set forth in this section in a conspicuous place within the vacation home rental property.

F. All marketing and advertising of the vacation home rental shall include the vacation home rental permit number issued by the city. In residential areas, all marketing and advertising of the vacation home rental shall include a statement that the property is in a residential area and is subject to enhanced regulations and enforcement to prevent disturbances and preserve neighborhood character.

G. The owner shall agree to and authorize the city to enter the vacation home rental for the purpose of inspections when the city has received complaints of substandard housing conditions and/or has been made aware of substandard housing conditions.

H. Use of all outdoor spas or hot tubs shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m.

I. Interior Signage. Vacation home rentals shall have a clearly visible and legible notice posted on or directly adjacent to the inside of the front door, containing the following information:

1. The name of the property manager and a telephone number enabled for text messaging at which that person may be reached on a 24-hour basis, seven days per week;

2. The maximum number of occupants for the vacation home rental;

3. The maximum number of vehicles permitted to be parked on the vacation home rental property;

4. The parking rules for seasonal snow removal;

5. The trash pickup day and notification that solid waste and recyclables shall not be left or stored on the exterior of the property except in a bear box or animal-resistant cart or container approved by the city or its franchisee under Chapter 4.150 SLTCC;

6. Notification that an occupant may be cited and fined for creating a disturbance or for violating any provision(s) of this article; and

7. Notification that failure to conform to the parking and occupancy limits of the vacation home rental is a violation of this article.

J. Exterior Signage. Vacation home rentals shall have a clearly visible and legible exterior sign, posted in a location which is visible from the adjacent right-of-way, containing the following information:

1. The name of the property manager and owner of the vacation home rental, and a telephone number at which the property manager may be reached on a 24-hour basis, seven days per week;

2. The maximum number of occupants for the vacation home rental; 319
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3. The maximum number of vehicles permitted to be parked on the vacation home rental property;

4. The telephone number of the police department vacation home rental hotline, and the police department’s email address;

5. This section of the South Lake Tahoe City Code.

K. Parking. Occupants of vacation home rentals shall not park on areas of the vacation home rental property not designated as parking spaces or on any other private property without permission.

L. Noise. In addition to all noise standards set forth in the city code and TRPA Code, the use of any equipment generating noise and the use of outdoor amplified music, speakers or other amplified equipment is prohibited between the hours of 10:00 p.m. and 8:00 a.m.

M. Emergency lighting (which may consist of plug-in or permanently installed systems) shall be installed, maintained and functional within the home at all times.

N. Any lights used to illuminate a vacation home rental property shall be designed so as to not spray onto adjoining properties and adjacent rights-of-way.

O. Parking of commercial vehicle(s) on vacation home rental property, except temporarily for durations of less than four hours, shall be prohibited.

P. Records of every night for which the vacation home rental is rented, including the name and contact information of the tenant who has arranged to rent the vacation home rental, the rental rate, the number of occupants per night, and the number of vehicles, shall be maintained for a minimum period of three years before such records are discarded or destroyed. Such records shall be made available to the city within 15 business days upon written request from the city.

Q. Camping and sleeping in tents, travel trailers, campers or recreational vehicles shall not be permitted on the vacation home rental property.

R. Trash.

1. Owners are responsible for compliance with all requirements for sorting, disposal, storage, and collection of solid waste, recyclables, and yard trimmings in Chapter 4.150 SLTCC.

Solid waste and recyclables shall not be left or stored on the exterior of the property except in a container(s) within a bear box or in an animal-resistant cart or container approved by the city or its franchisee under Chapter 4.150 SLTCC. Owners are required to acquire and use an animal-resistant recycling cart within 30 days of receiving notice from the city or its franchisee that such recycling carts are available.

2. If a bear box is installed on the vacation home rental property, then all solid waste shall be stored in said bear box until collection. All bear boxes shall remain functional and maintained so as to ensure that wildlife cannot access trash. The requirements of this subsection shall not apply to any person whose vacation home rental is within a common interest development subject to the Davis-Stirling Common Interest Development Act, as set forth in Cal. Civ. Code § 4000 et seq.; provided, that the board of directors of the association 320
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The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025. governing the common interest development has implemented rules or regulations requiring and enforcing the regular disposal of trash within such common interest development.

3. For vacation home rental properties with a bear box installed, Table 1 of this subsection establishes the number of trash cans within bear boxes required.

Table 1. Minimum Number of Trash Cans Within Bear Box
Size of Home Number of
Trash Cans
Less than 2,500 square feet 2
2,500 – 3,500 square feet 3
Greater than 3,500 square
feet
4 4. Vacation home rental owners and property managers shall arrange for the necessary level of trash pick-up, drop-off, or other trash removal from the property so as to ensure that no trash is left on the street, exterior of the dwelling unit, or the right-of-way.

S. Owner or authorized agent shall include the vacation home rental permit number on all contracts, rental agreements, and in any advertising or websites depicting the vacation home rental.

T. Transient Occupancy Tax. The owner of the vacation home rental shall remit all transient occupancy tax payments and comply with Article II of this chapter. The owner or agent shall report the number of room nights rented for each vacation home rental when remitting transient occupancy tax payments.

U. For properties outside the tourist core area planin residential areas, the property manager shall meet the occupants either in person or virtually to check them in at the beginning of each vacation home rental to, at a minimum:

1. Verify the identities of all responsible party(ies) entering into a vacation home rental contract; and

2. Verify that all responsible party(ies) entering into a vacation home rental contract are 25 years of age or older; and

2. Ensure that the property manager and responsible party(ies) have signed the good neighbor contract certifying that the property manager has reviewed the conditions of operation of this section with the responsible party(ies), which good neighbor contract shall be maintained for three years and made available to the city upon written request within 15 business days.

V. For properties outside the tourist core area planin residential areas, the owner shall install indoor noise and outdoor video monitoring devices to immediately alert the property manager 24 321
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The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025. hours a day, seven days a week, of potential violations of the conditions of operation of this SLTCC 3.50.440, including those conditions of operation related to noise, trash, and parking.

The purpose of this requirement is to provide property managers with access to real-time information to allow them to prevent nuisances before neighbors are disturbed and to prevent violations of the conditions of operation.

W. For properties outside the tourist core area planin residential areas, the property manager shall provide and maintain a local contact number with 24-hour, seven days a week, availability for receiving reports of violations from the city and neighbors, and the property manager shall be available to respond in person within 60 minutes to such complaints, 24 hours a day, seven days a week.

3.50.450 Enforcement.

A. Any use or condition caused or permitted to exist in violation of any provision of this article shall be and hereby is declared a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure Section 731 or any other remedy available to the city.

B. Any use or condition caused or permitted to exist in violation of any provision of this article shall be subject to citation in an amount set forth by separate resolution of the city council.

C. The city may issue a citation based wholly or in part on photographic, video, or audio recorded evidence provided by a third party upon submission of a signed affidavit from the person who took the photograph or made the recording authenticating the evidence, if a preponderance of the evidence shows that a violation occurred.

D. Appeals of citations are subject to Chapter 2.30 SLTCC, except for any appeal of a third citation within a 24-month period resulting in revocation of a vacation home rental permit is subject to Chapter 2.35 SLTCC, and will be heard by the planning commissiona hearing officer along with the appeal of the permit revocation under SLTCC 3.50.430.

3.50.460 No property rights conferred.

Vacation home rental permits shall not be construed as providing property rights or vested interests and entitlements in continued operation of a vacation home rental. Vacation home rental permits are revocable licenses which expire annually. Vacation home rental permits shall not run with the land.
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The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

2.35.070 Appeal hearings.

The hearing officer, board, commission or council of the city shall, upon timely receipt of a notice of appeal that complies with this chapter, schedule a hearing on the appeal. The hearing officer, board, commission or council shall either (1) make findings of fact at the appeal hearing, which findings of fact are based upon the evidence submitted and determine whether grounds exist for denial of the appeal; or (2) make findings of fact after the appeal hearing and in writing, notifying the appellant of the hearing officer, board, commission, or council’s decision.

Table 2.35.070 sets forth the various appealable actions and matters as well as the officer, board, commission or council charged with the responsibility of hearing each appealable action and matter. Intermediary appeals shall be first made to the intermediary appeal officer or board.

Appeals of decisions made by the intermediary appeal officer or board may be made to the final appeal officer or board. The decision of the final appeal officer or board shall be final and may not be appealed.

Table 2.35.070: Appealable Actions and Matters
Permit or Action Type Reference Section Intermediary Appeal Officer or Board
Final Appeal
Officer or Board
Tax Determinations 3.20.060

3.20.110
Tax Collector City Council
Emergency
Communication System
Access Fee

3.30.170 Finance Director City Manager
Business and Professions
Tax and License

3.35.170

3.35.260
None City Council
Business Classification 3.35.310 Tax Collector City Council Revocation of Business
Permit by the Chief of
Police for Violation of
California Health and
Safety Section 11364.5

3.35.420 None City Manager
Transient Lodging Tax
Redetermination

3.50.130 Finance Director City Manager
Transient Lodging:

Occupancy and Permits

3.50.040 Planning Commission City Council
Vacation Home Rental
Permit

3.50.430 None Planning
CommissionHearing
Officer
Vacation Home Rental
Permit Third Citation and
Revocation

3.50.450 None Planning
CommissionHearing
Officer
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The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

Permit or Action Type Reference Section Intermediary Appeal Officer or Board
Final Appeal
Officer or Board
Animal Control Fees 4.05.080 None City Council
Massage 4.15.040 None City Council
Bingo Permit 4.20.060 None City Council
Mobile Vending Permit 4.35.080 None City Council
Alcohol Use Permit 4.70.130 None City Council
Escort Permit Grant,
Denial, Suspension or
Revocation

4.70.200 City Manager City Council
Private Patrol Permit 4.140.090 None City Council
False Alarm Permit 4.145.070 None City Manager
Refuse and Garbage 4.150.025 None City Council
Taxicab Suspension or
Revocation of Permit

4.155.110 None City Manager
Cannabis Public Safety
License

4.180.050 None City Council
Hazardous Vegetation
and Defensible Space

5.30.100 None Hearing Officer
Land Use Development
Standards

6.10.090

6.10.250
See 6.10.090 Table 1 See 6.10.090
Table 1
Housing: Unit
Determination

6.25.080 None City Council
Multifamily Dwelling
Inspection and
Maintenance Program

6.30.170 None Building Board of
Appeals
Plan Line Setback:

Building Permit

6.35.060 None Planning
Commission
Signs 6.40.270 Planning Commission City Council
Trees 6.50.040

6.50.180
None City Council
Condominium
Conversion

6.55.210 Planning Commission City Council
Use Permit and Variances 6.55.220

6.55.580

6.55.590
Planning Commission City Council
Special Events and 6.55.230 Planning Commission City Council 324
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The South Lake Tahoe City Code is current through Ordinance 1200, passed June 17, 2025.

Permit or Action Type Reference Section Intermediary Appeal Officer or Board
Final Appeal
Officer or Board
Temporary Use Permit
Hosted Rental Permit 6.55.295 None Planning
Commission
Cannabis Use Permit 6.55.770 None City Council
Floodplain Management 6.65.160 None City Council
Mobile Vending Location 6.70.060 Planning Commission City Council Wireless Facility Permits 6.75.040

6.75.080
Planning Commission City Council
Urban Runoff and Storm
Water Quality Violations

7.15.180 Public Works Director City Council
Grading, Erosion, and
Sediment Control
Decisions

7.20.260 None Public Works
Director
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OFFICE OF THE CITY ATTORNEY

CITY OF SOUTH LAKE TAHOE
Heather L. Stroud, City Attorney 1901 Lisa Maloff Way
Daniel J. Bardzell, Assistant City Attorney South Lake Tahoe, CA 96150 (530) 542-6046

MEMORANDUM
To: City of South Lake Tahoe Planning Commission
From: Dan Bardzell, Assistant City Attorney
Date: September 8, 2025
Re: Response to Planning Commission Questions Regarding Vacation Home Rental (“VHR”) Permit Requirements
At its meeting on August 21, 2025, the Planning Commission requested additional information regarding the requirements of the City Code for the purpose of assisting its deliberations in the Vacation Home Rental Application Denial Appeal for 759 Lakeview Avenue, APN 026-022-009, which was continued to September 18. The purpose of this memorandum is to provide that information.

Questions Presented and Brief Answers:

1. The Superior Court of California struck down Measure T as unconstitutional. Should this be considered by the Planning Commission in deciding VHR permit denial appeals? No, the court ruling is not relevant to the issues to be decided on appeal.

2. Should citations issued during the effective period of Measure T still be considered as “upheld citations” for the purpose of an appeal despite the fact that the El Dorado County Superior Court subsequently determined Measure T is unconstitutional and enjoined enforcement of Measure T prospectively?
Yes. The judgment in the Measure T lawsuit has no impact on upheld citations issued during the effective period of Measure T.
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