City Council
Cody Bass, Mayor
Keith Roberts, Mayor Pro Tem
Scott Robbins, Councilmember
David Jinkens, Councilmember
Heather Horgan, Councilmember
Mission of the City Council
We provide responsive and effective local
government by maintaining a safe, livable, and
well-managed city through smart investment,
reliable services, and thoughtful planning.
City of South Lake Tahoe
City Council
Meeting Agenda
Tuesday, June 2, 2026 at 9:00 am
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe Public Participation
City Council meetings are held in person at the time and location listed on this agenda. A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City’s Website at www.cityofslt.us, or by contacting the City Clerk's Office, (530) 542-6005 or [email protected] Providing Public Comment:
Remote Public Participation: If you would like to participate remotely, please join the ZOOM meeting by using this link: https://us02web.zoom.us/j/82205188294. If you would like to make a comment, wait for the agenda item to begin, then press the "raise hand" button. Meetings are also live-streamed (for viewing only) on Channel 21, the City website at www.cityofslt.us, and YouTube at https://www.youtube.com/channel/UC3LYne8Ih-kTPLnnuyJW9SQ/live Note: The Mayor reserves the right to conduct the meeting with in-person public participation only, if there is a technology malfunction that precludes the use of remote public participation.
In Person: Every agenda for regular meetings provides an opportunity for members of the public to directly address the legislative body (City Council), on any item of public interest which is within the jurisdiction of the City Council during Public Communications. For items on the agenda or in connection with any item which the City Council will consider, the public is given the opportunity to comment before or during the City Council's consideration of the item [Government Code Section 54954.3(a)].
In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City Council prior to the meeting. Written public comment regarding any item on this agenda may be sent to [email protected]. When emailing comments, identify the agenda item number in the subject line to which your comments relate. Any such comment that is a public record and is emailed to [email protected] or otherwise provided to a majority of the City Council before the meeting 1 1. City Council Meeting Minutes
will be made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.
The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting.
Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].
Spanish Interpretations: The public may access Spanish interpretation using the ZOOM link listed on the front of the Agenda from an internet device (smartphone, laptop, tablet, home computer) with audio capabilities and selecting the Spanish language option. Persons without an internet device may attend the meeting in-person and a device will be provided while supplies last. Requests for interpreter services to offer public comment may be made by contacting the City Clerk.
Land Acknowledgement
Land Acknowledgement - The City of South Lake Tahoe acknowledges the lands we occupy today are the lands and home of the Wašíšiw, the people from here known today as the Washoe Tribe of Nevada and California, a sovereign nation. Since the beginning of time and for thousands of years before the arrival of any other people, the Washoe lived here and cared for this place, with values and intention that we can all learn from. On behalf of the City Council, I would like to acknowledge, thank, and honor the Indigenous Washoe Tribal Communities that are the past, present, and future stewards of the Lake Tahoe Basin.
Call to Order/Pledge of Allegiance
Roll Call
Closed Session Report
Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or questions posed. (Government Code Sections 54954.2)
City Commission Reports
Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda.
Comments shall be limited to three (3) minutes per item and six (6) minutes total per speaker.
The consent agenda consists of items of a repeating or routine nature considered under a single action.
Any Councilmember may have an item on the consent agenda removed and considered separately upon request.
Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item.
Requested Action / Suggested Motions: Pass a Motion approving the minutes from the May 19, 2026, City Council meeting and the May 26, 2026, Special City Council meeting.
Responsible Staff Member(s): Michelle Davis, Assistant City Clerk, and Susan Blankenship, City Clerk
Item 1- Executive Summary.pdf
05 19 2026 City Council Meeting Minutes.pdf
2 2. Agreement with The Baldwin Group West, LLC for Insurance Broker of Record Services
3. Agreement with SoSuTV for Media Production
4. Parks & Recreation Vehicle Purchases
5. California Department of Justice, Office of the Attorney General Tobacco Grant Application Authorization
6. Amendment to Agreement with Wildscape Engineering, Inc. 05 26 2026 Special City Council Meeting Minutes.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute the Professional Services Agreement with The Baldwin Group West, LLC as the Broker of Record for the City’s medical, dental, vision, and ancillary insurance.
Responsible Staff Member(s): Ember Buckman CGHR-CP, Human Resources Manager Item 2- Executive Summary.pdf
01-Staff Report Profesional Services Agreement The Baldwin Group.docx 02 -The Baldwin Group PSA.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with SoSuTV for a 2-year term not to exceed $195,000, with the option to renew for an additional 2-year term for broadcasting, media, and video production services.
Responsible Staff Member(s): Sheree Juarez, Communications Manager/Public Information Officer Item 3- Executive Summary.pdf
01-Staff Report-Media Production Contract Award with SoSu TV.docx 02-Broadcasting_Media_Video Production RFP.pdf
03-Sosu.tv_RFP_Proposal.pdf
04-Agreement with Sosu.tv.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing the purchase of one Chevrolet Silverado 2500 4WD for $67,802.72 and two Ford Maverick Supercrew AWD for $74,756.38 from National Auto Fleet Group through Sourcewell contract #081325 and authorize the City Manager to execute the Purchase Order to National Auto Fleet Group.
Responsible Staff Member(s): John Stark, Director of Parks & Recreation Item 4- Executive Summary.pdf
01-Staff Report - Parks Recreation Vehicle Purchases.docx 02-Ford Maverick Quote.pdf
03-Chevrolet Silverado Quote.pdf
04-National Auto Fleet Contract 081325.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing the Chief of Police to submit the Tobacco Grant Program application to the California Department of Justice, Office of the Attorney General, in an amount up to $60,000, to fund activities related to compliance and enforcement of tobacco retail sales in South Lake Tahoe.
Responsible Staff Member(s): Lt. Scott Crivelli
Item 5- Executive Summary.pdf
01-Staff Report Tobacco Grant Application Authorization.docx 02-Resolution_Tobacco_Grant_Application.docx
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No. 6 to the Professional Services Agreement with Wildscape Engineering, Inc. for the remaining work described but not previously compensated in Amendment No. 5, for the amount of $194,414.30, and for a total not-to-exceed contract amount of $899,672.81.
CEQA Determination: The Planning Commission adopted the Initial Study/Mitigated Negative Declaration for the Project on November 19, 2020, and on May 16, 2024, the Planning Commission adopted an addendum to the CEQA Initial Study/Mitigated Negative Declaration. This action does not require additional review under CEQA Guidelines section 15162. 3 7. Transit Service Agreement with Capitol Corridor Joint Powers Authority and El Dorado Transit for Sugar Pine Village Affordable Housing and Sustainable Communities (AHSC) Grant
8. Land Exchange with California Tahoe Conservancy
9. Annual Public Hearing for Continued Snow Removal Equipment Purchase Funded Through the Existing County Service Area No. 3 Parcel Assessment
Responsible Staff Member(s): Brianna Greenlaw, Senior Civil Engineer Item 6- Executive Summary.pdf
01-Staff Report-Amendment 6 Wildscape.docx
02-Project_Location_Map.pdf
03-Wildscape PSA C-106-2021.pdf
04-AmendmentsNo.1-5.pdf
05-Amendment No.6 with Wildscape.doc
06-Exhibit to Amendment 6.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute the Transit Service Agreement with Capitol Corridor Joint Power Authority and El Dorado County Transit Authority to purchase two buses using AHSC grant funds for an amount not to exceed $2,100,000 to enhance service along the Sacramento – South Lake Tahoe bus route.
CEQA Determination: For projects that satisfy criteria specified by SB 35, the guidelines issued by HCD specify that the California Environmental Quality Act (CEQA) does not apply to actions taken by a local government to provide financial assistance to a development that receives streamlined approval and that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
Responsible Staff Member(s): Crystal Plotner, Assistant Housing Planner Item 7- Executive Summary.pdf
01-Staff Report - AHSC CCJPA EDT.docx
02 - Agreement with CCJPA and El Dorado Transit.pdf
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor to sign the exchange and bargain sale agreement and joint escrow instructions with the California Tahoe Conservancy, to exchange 180.5 acres of City-owned property adjacent to Trout Creek and Cold Creek and on Link Road (APNs 025-061-037, 025-081-013, 025-091-012, 080-010-013, 080- 020-008, 031-030-020, and 031-030-039) for 7.1 acres of Conservancy-owned property near El Dorado Beach, various City water quality projects, Al Tahoe Pioneer Cemetery, Lake Tahoe Airport, and Tahoe Island Drive (APNs 027-010-016, -024, and -029, 027-073-005, 027-074-006, 027-112- 013, -014, -015, -016, -017, and -024, 027-134-022, 027-053-014, 031-173-002, and -004, 026-065- 016, 032-090-013, and 023-686-016).
Responsible Staff Member(s): John Hitchcock, Planning Manager Item 8- Executive Summary.pdf
01-Staff Report - Land Exchange.docx
02 - City Council Resolution_2022-117
03 - CTC Resolution 2022-09-03
04 - Location Map.pdf
05-Washoe Tribe Withdrawal Email.pdf
06 - HCD Exemption Review.pdf
07 - Resolution and Agreement.docx
08-Grant Deed City to CTC (Exh. 2 to Agreement).docx
09-Grant Deed CTC to City (Exh. 1 to Agreement).docx
Public Hearing
Requested Action / Suggested Motions: Pass a Motion directing the City Clerk to prepare and submit a Minute Order, including public comment regarding the current $20 parcel assessment for snow removal equipment to the El Dorado County Board of Supervisors.
Responsible Staff Member(s): Mohammad Qureshi, Director of Public Works 4 10. Ordinance Amending Chapter 4.60 of the South Lake Tahoe City Code (Nuisances Consisting of Abandoned or Substantially Damaged Nondwelling Structures) to Expressly Authorize Daily Citations (First Reading)
11. Amendment to Pride Month Resolution to Include Annual Proclamation
12. Draft Five-Year Capital Improvement Plan and FY 26-27 Budget Recommendations
13. Urgency Ordinance Establishing Temporary Moratorium on Tobacco Retailers Item 9- Executive Summary.pdf
01-Staff-Report - County Service Area No. 3 Parcel Assessment.docx 02 - CSA 3 Annual Report of Benefit Assessments for FY26.27 4.pdf 03-Notice of Public Hearing Snow Removal Equip
Regular-Unfinished Business
Requested Action / Suggested Motions: Pass a Motion to hold a first reading (by title only) of an Ordinance amending Chapter 4.60 of the South Lake Tahoe City Code (Nuisances Consisting of Abandoned or Substantially Damaged Nondwelling Structures) to expressly authorize daily citations, and refer second reading and adoption to the June 16, 2026, meeting.
Responsible Staff Member(s): Dan Bardzell, Assistant City Attorney Item 10- Executive Summary.pdf
01 - Staff Report Abandoned Property Ordinance
02 - Ordinance Abandoned Property
03 - Abandoned Property Code Sections (Chapter 4.60) Amendment (Redline) Regular-New Business
Requested Action / Suggested Motions: Pass a Resolution recognizing June as “Pride Month” in the City of South Lake Tahoe and directing the City Clerk to prepare and post an annual Proclamation recognizing June as “Pride Month” at City Hall.
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 11- Executive Summary.pdf
01-Staff Report-Amendment to Pride Month Resolution.docx 02-Resolution-Recognizing Pride Month to include Annual Proclamation.docx 03-Proclamation - June 2026 Pride Month.docx
Requested Action / Suggested Motions: Pass a Motion either directing staff to bring back the FY 26- 27 Budget Recommendation and Five-Year Capital Improvement Plan for approval at the City Council meeting on August 25, 2026, or directing staff to make any changes to the Plan.
Responsible Staff Member(s): Ricky Riddle, Construction Manager, Capital Improvements and Facilities Program Manager
Item 12- Executive Summary.pdf
01-Staff_Report_-_Draft_5Year_Capital_Improvement_Plan_and_FY_26- 27_Budget_Recommendations Final.docx
02- Current & Targeted Funds.pdf
03-Unfunded CIP.pdf
04 - FY 25-26 CIP Presentation Final.pptx
Requested Action / Suggested Motions: Pass Urgency Ordinance establishing temporary moratorium on approval of new tobacco retailer applications for all purposes pending study and development of reasonable regulations.
Responsible Staff Member(s): Heather Stroud, City Attorney Item 13- Executive Summary.pdf
01 - Staff Report - Urgency Ordinance Moratorium.docx
02 - Urgency Ordinance Moratorium.docx
03 - Matrix of Policies with Tobacco Retailer Regulations (Jan 2024).pdf 04 - California Cigarette & Tobacco Products Licensing Act of 2003 – Retailer License.pdf 5 14. Unpermitted Vacation Home Rental Enforcement
15. Update on the El Dorado Beach Revetment and Improvements Project
16. Agenda Planning Calendar
1. Conference with Labor Negotiator – Govt. Code section 54957.6 Designated representative: Heather Stroud, City Attorney Unrepresented employee: City Manager
05 - California Attorney General - Unflavored Tobacco List Regulations .pdf Requested Action / Suggested Motions: Receive and file.
Responsible Staff Member(s): Jeff Roberson, Chief of Police, and Heather Stroud, City Attorney Item 14- Executive Summary.pdf
01 - Staff Report - Unpermitted VHR Enforcement.docx
02 - Courtesy Notice (Dec. 13, 2023).pdf
Requested Action / Suggested Motions: Receive and file.
CEQA Determination: Phase 1 and 2 projects are categorically exempt under CEQA Guidelines sections 15304 (Class 4, Minor Alterations to Land) and 15307 (Class 7, Actions by Regulatory Agencies for Protection of Natural Resources).
Responsible Staff Member(s): Brianna Greenlaw, Senior Civil Engineer Item 15- Executive Summary.pdf
01-Staff Report-El Dorado Beach Revetment & Improvements Project, Phase 2 Update.docx 02-El Dorado Beach Update.pptx
Agenda Planning Calendar
Requested Action / Suggested Motions: Identify, with consent of at least two Council Members, any desired future agenda items, and/or modify the Agenda Planning Calendar as desired.
Responsible Staff Member(s): Susan Blankenship, City Clerk and Hilary Roverud, Interim City Manager
Item 16- Executive Summary.pdf
APC 05 28 2026.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions
Closed Session
Closed Session Report
Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday June 2, 2026, City Council Meeting was posted and available for review on Thursday, May 28,2026, at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City's website at https://www.cityofslt.us.
Signed May 28, 2026
\\sb\\ Susan Blankenship, Elected City Clerk
6 City of South Lake Tahoe
Agenda Item Executive Summary
Hilary Roverud, Interim City Manager
__________________________________
Meeting Date: June 2, 2026
Agenda Item #:1
Agenda Item: City Council Meeting Minutes
Executive Summary: City Council are asked to formally approved the meeting Minutes.
Requested Action / Suggested Motions: Pass a Motion approving the minutes from the May 19, 2026, City Council meeting and the May 26, 2026, Special City Council meeting.
Responsible Staff Member: Michelle Davis, Assistant City Clerk, and Susan Blankenship, City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
05 19 2026 City Council Meeting Minutes.pdf
05 26 2026 Special City Council Meeting Minutes.pdf
7 City of South Lake Tahoe
City Council
Meeting Minutes
Tuesday, May 19, 2026 at 5:30 pm
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council member discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us.
Land Acknowledgement
Mayor Bass read the Land Acknowledgement.
Call to Order/Pledge of Allegiance
Mayor Bass called the meeting to order at 5:35 p.m., and the led the pledge of allegiance.
Roll Call
Present were Mayor Bass, and Councilmembers Robbins and Jinkens.
Mayor Pro Tem Roberts and Councilmember Horgan were absent.
Also present were Interim City Manager Roverud, City Attorney Stroud, and City Clerk Blankenship.
Closed Session Report
Closed Session Report from May 19, 2026
1. Public Employment Appointment - Government Code section 54957(b) Title: City Manager Action: No reportable action.
Public Communications
1. Angie Reagan- Mental Health Proclamation presented by Mayor Bass, youth cannabis use, “Community for All” removal from strategic plan, need for Council to support community mental health
2. Ed Mosur- Heavenly Village plaque, request for a report on the total cost of Heavenly VillagePark Avenue project accounting information Written public communications were received from the following people:
1. Robyn Johnson- Trash containment issues at The Commons and El Dorado Beach
2. Anthony Wolf- Request for Council to recognize Tahoe Tribune reporter Eli Ramos City Commission Reports
None.
Consent Agenda
Action: Moved/Seconded: Robbins/Jinkens
Yes: Bass, Robbins, Jinkens
Absent: Roberts, Horgan
Action: Passed the Consent Agenda.
8 1. City Council Meeting Minutes
Action: Passed Motion 2026-074 approving the minutes from the May 6, 2026, City Council meeting.
2. Investment Portfolio Report - March 31, 2026
Action: Received and filed.
3. Fiscal Year 2025-26 Quarterly Financial Status Report - Quarter Ending March 2026 Action: Received and filed.
4. Master Agreement with Environmental Science Associates (ESA) for Airport Environmental Compliance Support Services
Action: Passed Motion 2026-075 authorizing and directing the Mayor to execute a master professional services agreement with ESA (C-134-2026) for as-needed airport environmental consultant services for a five-year term beginning June 1, 2026.
5. Additional Grant Application to the Federal Aviation Administration (FAA) and Caltrans for Lake Tahoe Airport Runway Maintenance
Action: Passed Resolution 2026-047 authorizing the Airport Manager to apply for additional FY 2025 -2026 Federal Aviation Administration Airport Improvement Program (AIP) Grant in the amount of $200,000.00 for the combined amount of $500,000.00 and FY 2025-2026 Caltrans State Matching Grant for Lake Tahoe Airport in the amount of $23,750 or any additional funding the FAA or Caltrans will provide.
6. Senate Bill 1 Road Maintenance and Rehabilitation Account Project List for FY26/27 Action: Pass a Resolution 2026-048 approving the Senate Bill 1 Road Maintenance and Rehabilitation Account Project List for FY26/27.
7. Community Corrections Partnership
Action: Passed Resolution 2026-049: 1) authorizing and directing the Chief of Police to execute the First Amendment to Memorandum of Understanding #7399 for the FY 2025-26 Community Corrections Partnership Budget (C-135-2026); 2) authorizing reimbursement up to $20,000.00 from the El Dorado County Probation Department into the Administration - Police Special Services account; and, 3) approving an amendment to the Fiscal Year 2025-2026 budget as follows: 10002110 – 34210.
8. Amendment to Ordinance Regulating Shared Mobility Devices (Second Reading) Action: Passed Ordinance 2026-1204 amending Chapter 4.185 of the South Lake Tahoe City Code (Shared Mobility Devices) to increase the City’s liability protections from shared mobility device accidents, add safety measures for shared mobility device operations, and revise operator insurance requirements.
Public comment was heard from the following people:
1. Ed Mosur
2. Astrid Mallein
Regular-New Business
9. Tahoe Bluefins Swim Club City Sponsorship
Action: Moved/Seconded: Jinkens/Bass
Yes: Bass, Robbins, Jinkens
Absent: Roberts, Horgan
Action: Passed Resolution 2026-050 authorizing the use of General Fund to sponsor facility rental fees and staff labor for the Tahoe Bluefins Swim Club totaling $8,343 for a six-month agreement. Passed Motion 2026-076 directing staff to have conversations with Lake Tahoe Unified School District on ways they can assist with facility programming.
Action: Moved/Seconded: Robbins/Jinkens
Yes: Bass, Robbins, Jinkens
Absent: Roberts, Horgan 9
Action: Passed Motion 2026-077 directing the Parks and Recreation Commission to review the cost schedule, and resource scheduling prioritization for Parks and Recreation facilities for localserving nonprofits and youth-serving nonprofits, and youth-serving City programming, and to bring back recommendations within three Parks and Recreation meetings.
Public comment was heard from the following people:
1. Jeffrey Edmonds, Tahoe Bluefins Swim Club coach
2. Astrid Mallein, Tahoe Bluefins Swim Club board member *written comments submitted
3. Casey Donohue
4. Donielle Morse
5. Madaline Mallein, Tahoe Bluefins Swim Club
6. Ed Mosur
7. Mireya Torres
Written public comments were received from the following people:
1. Leslie Edmonds
2. Robert Eicher, Tahoe
3. Lindsey Fransen
4. Lauren Larson
5. Tahoe Bluefins Swim Team
6. Tiara Wasner
7. Heather Cade-Bauer
10. Amendment to Parking Agreement with Heavenly Mountain Resort Action: Moved/Seconded: Jinkens/Bass
Yes: Bass, Robbins, Jinkens
Absent: Roberts/Horgan
Action: 1) Passed Motion 2026-076 authorizing and directing the Mayor to execute the Amendment to the Parking Agreement with Heavenly Mountain Resort (C-136-2026); and 2) Passed Resolution 2026-051 amending the seasonal parking restrictions on certain streets in the Heavenly Valley Neighborhood (replaces Resolution 2025-099).
Public comment was heard from the following people:
1. Shaydar Eddelman, Heavenly Resort
2. Jared Moses
11. Long-Term Rental Incentive Program Update and Request for Additional Funding Action: Moved/Seconded: Robbins/Jinkens
Yes: Bass, Robbins, Jinkens
Absent: Roberts, Horgan
Action: Passed Resolution 2026-053 to allocate $80,000 in additional funding for incentive grants and continue operation of the Long-Term Rental Incentive Program, and passed Motion 2026-077 directing staff to return to present on the long-term rental incentive program at the next Quarterly Housing Review agenda item, with emphasis on what has been accomplished as a result of insourcing of the program.
Public comment was heard from the following people:
1. Ed Mosur
2. Heather Cade-Bauer
Agenda Planning Calendar
12. Agenda Planning Calendar
Action: Received and filed.
Updates and Announcements (City Attorney, City Clerk, City Manager) Interim City Manager Roverud
1. Upcoming Special City Council Meeting to discuss ethics and protocols.
2. Next Regular City Council Meeting June 2, 2026. 10
City Attorney Stroud
1. Attended League of California Cities City Attorney Conference.
Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions
Mayor Bass
1. Requested an agenda item on an Urgency Ordinance banning the sale and use of glyphosate In the City (Jinkens seconded).
Councilmember Jinkens
1. Requested an agenda item on a discussion to facilitate options on the redevelopment of Nell’s Nursery into affordable housing units (Bass seconded). Mayor Bass requested an internal meeting prior to this item being brought forward.
Councilmember Robbins
1. Requested an agenda item this Summer to discuss the termination of agreement and enforcement of the Crescent V. shopping center parking lot. (Jinkens seconded).
Adjournment
Mayor Bass adjourned the meeting at 7:49 p.m.
11 City of South Lake Tahoe
Special City Council
Meeting Minutes
Tuesday, May 26, 2026 at 11:00 am
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council member discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us.
Call to Order / Pledge of Allegiance
Mayor Bass called the meeting to order at 11:01 a.m., and then led the pledge of allegiance.
Roll Call
Present were Mayor Bass, Mayor Pro Tem Roberts, and Councilmembers Robbins, Jinkens, and Horgan.
Also present were Interim City Manager Roverud, City Attorney Stroud, and City Clerk Blankenship.
Closed Session
1. Public Employment Appointment - Government Code section 54957(b) Title: City Manager
Closed Session Report
No reportable action.
New Business
2. City Council Protocols Update
Action: Moved/Seconded: Robbins/Roberts
Yes: Bass, Roberts, Robbins, Jinkens, Horgan
Action: Pass a Motion 2026-078 providing direction to update the City Council Protocols to include: 1) A clause on a chain of succession for when the Mayor and Mayor Pro Tem are both unavailable, and the Mayor is unavailable to designate a temporary Mayor Pro Tem. The remaining members of Council will vote amongst themselves to designate a temporary Mayor Pro Tem. 2) The Mayor shall include a “public participation protocol request” using the verbiage discussed in the meeting. The public is asked to be non-repetitive so as to give time to others etc. Precise language is to be decided by the Mayor and staff, including a request for politeness amongst the public, and that this item will replace the current section on prohibition of repetitiveness. 3) Prohibition of electronic devices is eliminated, and replaced with a prohibition only on electronic communications regarding City business. All forms of electronic communications regarding City business are to be prohibited, but the general use of electronic devices are not prohibited, except for Public Hearing items, for which receiving information outside of staff reports is prohibited. 4) Electronic time reminders are added to Councilmember display screens. These are to be used as reminders for speaking City Councilmembers, not as strict enforcement. 5) Staff will provide agendas on Wednesdays before the meeting, and staff meetings with Councilmembers can be scheduled at the Councilmember’s discretion with staff. 6) The Agenda Review Committee has the discretion to include no earlier than time certain, specifically no earlier than timing for items on the agenda anticipated to be of substantial public 12 interest. 7) The Mayor has the discretion to reorder agenda items so as to improve accessibility for public participation, except for items that have been marked as “no earlier than time certain.” Public comment was heard from the following people:
1. David Gregorich
2. Kelly O’Hare
Written public comment was received from the following person:
1. Kim DeYoung
3. Local Ethics Policy Update
Action: Moved/Seconded: Robbins/Jinkens
Yes: Bass, Roberts, Robbins, Jinkens, Horgan
Action: Passed Motion 2026-079 appointing Councilmembers Robbins and Horgan be assigned to the Ad Hoc Committee on updates to the Ethics Code.
Public comment was heard from the following people:
3. David Gregorich
4. Kelly O’Hare
Adjournment
Mayor Bass adjourned the meeting at 2:13 p.m.
13 City of South Lake Tahoe
Agenda Item Executive Summary
Hilary Roverud, Interim City Manager
__________________________________
Meeting Date: June 2, 2026
Agenda Item #:2
Agenda Item: Agreement with The Baldwin Group West, LLC for Insurance Broker of Record Services Executive Summary: The motion authorizes the Mayor to execute the Professional Services Agreement with The Baldwin Group for Broker of Record services for the City’s medical, dental, vision, and ancillary insurance programs. Following a formal Request for Proposals process, five proposals were received and evaluated by a multi-department review panel. Based on the results of that process, staff recommends The Baldwin Group as the firm best qualified to provide these services. Compensation will be paid by insurance providers on a commission basis, with a cap of $75,000; any commission above that cap will be returned to the City. The agreement will result in no additional cost to the City.
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute the Professional Services Agreement with The Baldwin Group West, LLC as the Broker of Record for the City’s medical, dental, vision, and ancillary insurance.
Responsible Staff Member: Ember Buckman CGHR-CP, Human Resources Manager Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report Profesional Services Agreement The Baldwin Group.docx 02 -The Baldwin Group PSA.pdf
14 Council Agenda Report June 2, 2026 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: June 2, 2026
Title: Contract Award – Broker of Record The Baldwin Group Location: Citywide
Responsible Staff Member: Ember Buckman, Human Resources Manager (530) 542-6050 Background:
A “Broker of Record” provides professional employee benefits consulting and brokerage services to the City to support the administration, strategic planning, and procurement of the City’s employee benefits programs. These services include negotiating with insurance carriers and vendors to secure competitive pricing and favorable contract terms for medical, dental, vision, life insurance, disability insurance, and other employee benefit programs.
In addition to negotiating annual renewals and rate agreements, the Broker of Record assists the City with benefits strategy, regulatory compliance, market analysis, employee communications, claims and utilization analysis, wellness initiatives, plan design recommendations, and ongoing support related to benefits administration. The Broker also serves as the City’s advocate in resolving carrier issues, identifying cost-containment opportunities, and ensuring the City remains competitive in attracting and retaining employees through comprehensive benefits offerings.
In 2013 Keenan & Associates was awarded the Broker of Record. The City signed an extension of the agreement in 2018 with an expiration date of 12/31/2018. In 2019 staff negotiated with Keenan to eliminate the broker fee of $25,000 annually and Keenan would be paid on a commission only basis. The City renewed the agreement with Keenan & Associates for July 1, 2020 – June 30, 2021 which included an automatic renewal for subsequent one (1) year periods unless either party gives the other at least Thirty (30) days written notice of its intent not to renew
To ensure the City continues to receive the highest quality service, competitive market expertise, and cost-effective employee benefits consulting, the City initiated a formal Request for Proposals (RFP) process on March 27, 2026, to evaluate qualified firms capable of serving as the City’s Broker of Record.
Issue and Discussion:
On March 27, 2026 a Request for Proposals (RFP) was initiated for a Broker of Record via Planet Bid # 2026-04-22. The bid closed on April 22, 2026, and the City received 5 proposals from the following firms:
15 Council Agenda Report June 2, 2026 Page 2 of 3
1) THE BALDWIN GROUP
2) KEENAN
3) IMA
4) ONEDIGITAL
5) CVRD
A selection panel comprised of Olga Tikhomirova, Finance Director; Rebecca Penado, Risk Manager; Ember Buckman, Human Resources Manager; and Karla Aguirre, Human Resources Analyst, reviewed and scored the submittals based on the following criteria:
Cover Letter: 0-5 points
Executive Summary: 0-10 points
Company History, Background, Experience: 0-20 points
Scope of Work/Implementation: 0-35 points
Cost of Services: 0-25 points
References: 0-5 points
The scoring was as follows:
1. THE BALDWIN GROUP: 85.25
2. KEENAN: 85.25
3. IMA: 72.50
4. ONEDIGITAL: 70.5
5. CVRD 62.25
After completion of the review and evaluation process, the City determined that the Baldwin Group received one of the highest overall proposal scores and was the most qualified firm to serve as the City of South Lake Tahoe’s Broker of Record.
The attached agreement was negotiated in good faith between the City of South Lake Tahoe and The Baldwin Group. The agreement is for July 1, 2026 – June 30, 2027 and will automatically renew for subsequent one (1) year periods unless either party gives the other at least sixty (60) days written notice of its intent not to renew. In the attached agreement, The Baldwin Group has agreed to be paid on a commission-only basis and has agreed to a $75,000 cap on the amount of commission The Baldwin Group can receive, returning to the City any commission over $75,000. The execution of the agreement is necessary to secure the Baldwin Group as the City’s Broker of Record.
Financial Implications: Commissions will be paid to The Baldwin Group by insurance service providers, with a commission cap set at $75,000. Any excess commission received will be reimbursed to the City. Additionally, staff is not requesting a budget allocation for this purpose. 16 Council Agenda Report June 2, 2026 Page 3 of 3
Environmental Considerations: The approval of a professional services agreement with The Baldwin Group is not a project subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative activities such as personnel-related actions).
Policy Implications: This contract award was procured in accordance with the City’s Procurement Policy and Procedures for professional services contracts. The formal RFP process, evaluation of proposals, and recommended award are consistent with the City’s purchasing requirements and approval procedures. The agreement will be subject to the City’s standard contract review and execution requirements.
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59 City of South Lake Tahoe
Agenda Item Executive Summary
Hilary Roverud, Interim City Manager
__________________________________
Meeting Date: June 2, 2026
Agenda Item #:3
Agenda Item: Agreement with SoSuTV for Media Production Executive Summary: The Communications/Marketing Division continually seeks opportunities to strengthen the City’s video production, public meeting broadcasting, and Channel 21 programming to better serve our community and visitors throughout the year. With the City’s existing agreement for broadcasting, media, and video production services coming to an end, staff initiated a competitive Request for Proposals (RFP) process to identify a qualified firm capable of continuing to elevate the City’s creative content, public meeting production, and Public, Education, and Government (PEG) channel programming. On March 12, the City advertised the Broadcasting, Media, and Video Production Services RFP on the PlanetBids website. Three bidders submitted proposals. Following evaluation by a Review Committee, Sosu.tv was selected as the top-ranked proposer based on qualifications, experience, and ability to meet the City’s service needs. Staff recommends Council pass a Moton authorizing and directing the Mayor to execute a two-year Professional Services Agreement not to exceed $195,000, with the option to renew for one (1), two-year term for Broadcasting, Media, and Video Production Services.
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with SoSuTV for a 2-year term not to exceed $195,000, with the option to renew for an additional 2-year term for broadcasting, media, and video production services.
Responsible Staff Member: Sheree Juarez, Communications Manager/Public Information Officer Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report-Media Production Contract Award with SoSu TV.docx 02-Broadcasting_Media_Video Production RFP.pdf
03-Sosu.tv_RFP_Proposal.pdf
04-Agreement with Sosu.tv.pdf
60 Council Agenda Report- June 2, 2026 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: June 2, 2026
Title: Media Production Contract Award with SoSu TV
Location: Citywide
Responsible Staff Member: Sheree Juarez, Communications Manager/Public Information Officer
Background: While the City’s census population sits at just over 25,000, our seasonal and peak travel populations can hit 100,000 or more. The goal is to operate our communications as a larger city, creating high-quality video productions not just for broadcasting public meetings, but also more marketing-focused productions that can reach a diverse, fluctuating audience year-round to demonstrate all the City of South Lake Tahoe has to offer.
South Lake Tahoe’s residential population is very active and engaged in public meetings, outreach efforts, and public policy-making processes. It is important that we produce highquality productions for the public, education, and government (PEG) channel, and increase the turnover of productions on our PEG channel to allow for greater variety.
Additionally, as the City launches or completes Strategic Plan programs and projects or hosts events, professional and high-quality media content that highlights the accomplishments and community benefits are important to communicate how the City is working to achieve specific goals.
Issue and Discussion: The Communications/Marketing Division continually seeks opportunities to strengthen the City’s video production, public meeting broadcasting, and Channel 21 programming to better serve our community and visitors throughout the year. With the City’s existing agreement for broadcasting, media, and video production services coming to an end, staff initiated a competitive Request for Proposals (RFP) process to identify a qualified firm capable of continuing to elevate the City’s creative content, public meeting production, and Public, Education, and Government (PEG) channel programming.
On March 12, the City advertised a Broadcasting, Media, and Video Production Services RFP on the PlanetBids website. The bid closed on April 10, 2026, and the City received 3 proposals from the following vendors.
1. Squadron
2. Sosu.tv
3. VideoVets
61 Council Agenda Report- June 2, 2026 Page 2 of 3
Evaluation Details
A review committee was created to evaluate and score the proposals. The committee consisted of Susan Blankenship, City Clerk, Hollie Straubinger, Assistant Management Analyst, Druin Roberts, Information Systems Technician, and Sheree Juarez, Communications Manager/PIO.
Below are the scoring criteria and the scores for the single bidder:
Scoring Criteria
Cover Letter, 0-5 points
Executive Summary, 0-10 points
Company History Background, and Experience, 0-20 points Scope of Work/Implementation, 0-35 points
Project Budget and Timeline. 0-25 points
Recent Projects/References, 0-5 points
Upon evaluation of the proposals by a four-member, cross-sectional evaluation committee, Sosu.TV received an average score of 92.5 out of 100 and was selected as the top-ranked proposer based on qualifications, experience, and ability to meet the City’s service needs. The scoring average was as follows:
1. Squadron 75.5
2. Sosu.tv 92.5
3. VideoVets 83.5
Vendor/Proposer
Name
Evaluator
#1 Total
Score
Evaluator
#2 Total
Score
Evaluator
#3 Total
Score
Evaluator
#4 Total
Score
Total
Score Ranking
Sosu.tv 90 94 92 94 370 1
Sosu.TV Proposal Overview
Sosu.TV proposed the following, based on the RFP requested services:
1. Meeting Broadcast/Livestream Services
2. Programming Services/Maintenance
3. Original Content Creation
4. Video Library Format
Staff Recommendation:
Pass a Motion authorizing and directing the Mayor to execute a Professional Services Agreement with Sosu.TV for a 2-year agreement not to exceed $195,000, with the option to renew for one (1), 2-year term for broadcasting, media, and video production services.
Financial Implications: Sufficient funds remain in the fiscal year 2025-2026 budget (account #10001330-42020) to cover the cost of this PSA through September 2026. Additional funding for fiscal year 2026/2027 will be included in the recommended annual budget. 62 Council Agenda Report- June 2, 2026 Page 3 of 3
Policy Implications: This contract award was made in accordance with the City’s Procurement Policy and Procedures for professional services contracts. The formal RFP process, evaluation of proposals, and recommended award are consistent with the City’s purchasing requirements and approval procedures. The agreement will be subject to the City’s standard contract review and execution requirements.
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City of South Lake Tahoe
Broadcasting, Media, and Video Production Services
Photos: South Lake Tahoe City Hall Council Chamber and Control Room RFP # 2026-04-10
REQUEST FOR PROPOSALS
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SUMMARY
This RFP seeks to engage a qualified vendor with professional expertise and experience to provide the City with professional-level recording and broadcasting of public meetings, manage and schedule the local government channel, create and produce original content for the local government channel.
The onsite Audio/Visual Technician(s) or Specialist(s) is expected to be available in accordance with a set schedule of regular meetings and will have some flexibility to provide services at additional meetings when the need arises, with advance notice. Remote production capability is a highly desired option when the A/V technician(s) or specialist(s) are unable to be on-site due to inclement weather or other unforeseen circumstances.
Proposals are due on or before 4/10/2026 no later than 5pm (Pacific Standard Time) through the Planet Bids on-line procurement portal. Proposals received after the deadline will not be accepted. Fax and e-mail submissions will not be accepted.
Read this RFP document carefully as the award will be given to the most “responsible and responsive” Proposer responding to this RFP. The City of South Lake Tahoe reserves the right to accept or reject any or all proposals or to make no award at all, to extend the period for accepting proposals, to advertise the RFP at any time and to waive any minor irregularities in any proposals.
In the opinion of the City of South Lake Tahoe, this RFP is complete and without need of explanation.
However, if you have questions, or should you need any clarifying information, please use the Q&A feature that is found within Planet Bids, where the RFP is posted.
Please note that no information given will be binding upon the City unless such information is issued in writing as an official addendum to this RFP.
TIMELINE OF CRITICAL DATES
Release of RFP March 11, 2026
Council Chamber and Control Room
Walk-through by Appointment:
Contact [email protected] to schedule
March 16–April 1, 2026
Deadline for Question Submittal via Planet
Bids April 1, 2026
RFP submittals DUE April 10, 2026
Selection Committee Review Period April 13 - 17, 2026
Intended Award Date May 19, 2026
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4 SUBMITTAL PROCEDURES
1. Register with the City
All Proposers must register through the Vendor Portal in PlanetBids Procurement Portal to be entered in the City of South Lake Tahoe Vendor Database, which is required to submit a proposal. Proposers will be notified by the City of any addenda that may be issued to this Request for Proposal (RFP). Proposers must register in the City’s Vendor Database to be notified of such addenda.
To register, go to: https://pbsystem.planetbids.com/portal/14997/portal-home and follow the instructions applicable to Proposer. Following submission, Proposer will receive a confirmation message within 24 hours from the City. Proposers are solely responsible for maintaining up-to-date and accurate information in the Vendor Database.
2. Public Record
Proposals must be submitted through the PlanetBid portal. Proposals shall not be e-mailed or faxed to the City. Proposals not received by the date and time specified in this RFP will be rejected. Documents submitted in response to this RFP will become the property of the City of South Lake Tahoe and will be regarded as public record under California Public Records Act under Government Code 7921.000 et seq., and subject to review or release to the public, excluding financial records marked “confidential” which shall be available for the Proposer to pick up following a review and selection of the firm(s).
3. Format
Font, Type and Style: All proposals shall be professionally prepared (no handwritten proposals will be accepted). There are no requirements on font size, type or style.
4. Submittal Deadline
Response to this RFP is due on or before 04/10/2026 no later than 5 p.m. (Pacific Standard Time) through Planet Bids on-line portal. Reponses received after the deadline will not be accepted; there are no exceptions. Fax and Electronic-mail (e-mail) submissions will not be accepted. Submit Proposals to:
City of South Lake Tahoe
Attn: Sheree Ju a r e z
Video Production Services
City Manager’s Office
1901 Lisa Maloff Way, Suite 230
South Lake Tahoe, CA 96150
5. Selection Process
A Selection Committee consisting of City Staff will evaluate the submitted proposals. Proposer(s) will be objectively evaluated based on their responses to the project scope outlined in this RFP.
The written proposal should clearly demonstrate how the Proposer could best satisfy the requirements of the City. The Selection Committee will utilize the Evaluation Method and Criteria described on pages 11-12 of this RFP to rate and rank each proposal. 66 5 If more information is needed following a review of the Proposals, the Selection Committee may invite the top-scoring Proposers to a Selection Interview in person or via an online video platform, during which the Proposer will provide a presentation. Upon completion of interviews, a recommendation by the Selection Committee to the City Council will be made and awarded in accordance with the City of South Lake Tahoe Procurement Policies & Procedures.
The City of South Lake Tahoe reserves the right to accept or reject any or all proposals or to make no award at all, to extend the period for accepting proposals, to advertise the RFP at any time, and to waive any minor irregularities in any proposal.
6. Professional Services Agreement
The Professional Services Agreement with the selected Proposer will begin within 30 days of award of contract. The selected Proposer will be required to sign the City’s Standard Professional Services Agreement. A sample Professional Services Agreement is attached hereto, and the City reserves the right to amend or edit this Agreement, however it sees fit upon award.
All vendors that execute a Professional Services Agreement with the City of South Lake Tahoe are required to obtain a Business and Professions Tax Certificate (Business License) and pay an annual fee to receive and maintain business license. Upon notice of award, the chosen vendor is expected to begin the process of obtaining a Business and Professions Tax Certificate.
7. Reservations
a) The City reserves the right to reject any and all proposals, whether or not minimum qualifications are met, and to modify, postpone, or cancel this Request for Proposal, in whole or in part, or decide to award a contract to perform only some of the services outlined in this Request for Proposal, without liability, obligation, or commitment to any party, firm, or organization.
b) In addition, the City reserves the right to request and obtain additional information from any Proposer and to negotiate the final scope of services with the selected Proposer.
The City is not liable for any costs incurred by Proposers prior to issuance of an agreement, contract, or purchase order. Costs of developing the proposals, oral presentations or any other such expenses incurred by the Proposer in responding to the RFP are entirely the responsibility of the Proposer and shall not be reimbursed in any manner by the City of South Lake Tahoe.
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c) Only the City Council of South Lake Tahoe, or the City Manager after being duly authorized by the City Council, may execute the Agreement with the successful Proposer. Further, it is understood that respondents must independently evaluate the information in this RFP and that the City makes no guarantee of data accuracy. d) The City reserves the right to waive or permit cure of minor informalities and/or insignificant mistakes such as matters of form rather than substance and to conduct discussions and negotiations with any qualified respondent in any manner deemed necessary by the City to serve its best interests. The City also reserves the right, based on its sole judgment and discretion, to award a contract based upon the written proposals it receives without conducting discussions, interviews or negotiations. e) If, in the opinion of the City, a proposal contains false or misleading statements or references, it may be rejected without notice to Proposer. f) The City reserves the right to obtain written clarification of any point in a Proposer's proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Proposer to respond to such a request for additional information or clarification may result in rejection of the proposal. g) The City reserves the right, without qualification, to select a Proposer for further discussions based solely on the content of the RFPs and relevant information obtained from others concerning the respondent's respective records of past performance. h) Proposer agrees that any response submitted to this RFP will remain current and valid for a period of not less than 120 calendar days from the proposal due date.
8. Local Business Preference (applies to RFP’s over $50,000 only) a) The City shall apply a five (5) percent discount to all local businesses which submit proposals for services for The City of South Lake Tahoe. The City shall evaluate the local business proposals as though the proposal has been submitted at a cost of five (5) percent lower than the cost submitted.
b) Local Business shall mean a business which maintains its principal place of business in a fixed office within the City of South Lake Tahoe and possesses a current South Lake Tahoe business license. To establish a principal place of business in South Lake Tahoe, a business must demonstrate the majority of its principals are based in the South Lake Tahoe office, and that it pays South Lake Tahoe payroll taxes on at least 51 percent of its total payroll. 68 7
INTRODUCTION
9. Background
The City of South Lake Tahoe is a general law city in El Dorado County, CA, that was founded on November 30, 1965. It operates under a Council-Manager form of government with five (5) elected city council members, who select a mayor and mayor pro tem for one (1) year terms, and an appointed City Manager. Located 190 miles northeast of San Francisco, CA and 60 miles southwest of Reno, NV in the Sierra Nevada Mountains, South Lake Tahoe boasts one of the most unique settings in the world, at the edge of an alpine lake of great natural beauty and environmental value.
The city limits encompass an area of approximately 16 square miles with an average elevation of more than 6,200 feet above sea level and a population of 22,525. While our census population sits at under 25,000, our seasonal and peak travel populations can hit 100,000 or more. As such, our goal is to operate our communications as a larger city, creating high-quality video productions for not just public meetings, but also more marketing-focused productions that can reach a diverse, fluctuating audience year-round to demonstrate all the City of South Lake Tahoe has to offer.
South Lake Tahoe’s residential population is very active and engaged in public meetings, outreach efforts, and general public policy-making processes. It is important that we produce high-quality productions for the public, education, and government (PEG) channel, increase the turnover of productions on our PEG channel to allow for greater variety and eliminate the possibility of stale information continuing to be broadcast, and improve this underutilized resource to the benefit of our residents and visitors.
Currently, the City of South Lake Tahoe’s bi-monthly City Council Meetings, monthly Planning Commission Meetings, and quarterly Police Advisory Commission Meetings are conducted in-person with a Zoom integration to provide for virtual/remote public comment and simultaneous Spanish translation, as well as a Facebook Live component, which allows for an additional viewing option and closed captioning. The meeting is connected through Granicus Agenda Management Software, which broadcasts the meeting live on the City’s website, where it is also archived. The meetings are broadcast via Castus to PEG Channel 21 and repeat as the schedule allows 24/7. While the City is open to new software and systems, it is critical that the objectives of all of these components remain part of the public meeting process, which is to ensure a high level of transparency, ease of public participation, and access for our Spanish-speaking population and deaf or hard-of-hearing audience.
Regular Council meetings typically occur twice a month on Tuesdays at 9am or 5:30pm; Planning Commission meetings are on one Thursday a month at 3pm; and Police Advisory Commission meetings vary quarterly. Special meetings may also be held occasionally.
There will be an opportunity for interested proposers to conduct a walk-through of the City Council Chamber and Audio-Visual room at the South Lake Tahoe City Hall prior to the submittal due date.
Refer to the timeline on page two for possible dates. The highest-scoring proposers on this RFP will be invited to provide a presentation as part of an interview with the RFP review and selection committee.
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SCOPE OF SERVICE
10. Scope of Work to be Performed
This RFP seeks to engage an experienced and qualified vendor to come in and operate our current A/V system, with all components addressed in the introduction to produce and broadcast public meetings.
The City intends to execute an agreement with a qualified vendor for a two (2) year term with the option to renew for one
(1) two (2) year term. The following items represent the scope of work to be performed:
1. Produce, record, and broadcast approximately 40 annual public meetings per year, including City Council (24), Planning Commission (12), and Police Advisory Commission (4). Regular City Council meetings are generally two Tuesdays per month at 9am or 5:30pm with an average duration of 2-6 hours; Planning Commission is generally one Thursday per month at 3pm with an average duration of 2-3 hours; and Police Advisory Commission varies quarterly with an average duration of 1-2 hours. The City may call special meetings on occasion, including special closed session meetings that generally start one hour before the regular City Council meetings.
The special-called meetings or additional meetings are not limited to City Council, Planning Commission, or Police Advisory Commission. Live broadcasts shall include agenda graphics, natural transitions, and bottom thirds for agenda item and/or speaker identification.
2. Consultant shall provide staff, technology, and data redundancy to ensure public meeting broadcasts will not be interrupted. Consultant technicians will be on-site for public meeting production.
3. Consultant will provide basic set-up and take-down, as necessary, for meetings, as well as routine maintenance and minor repairs of all audio/visual equipment in conjunction with the activities listed above. The consultant will demonstrate proficiency with all equipment and will make a request in advance to the City for any purchases or repairs needed, or any labor on the consultant’s part, which would exceed that described as routine or minor and which could trigger additional charges. On-site technician(s) will be responsible for securing the control room after any on-site maintenance or after a meeting has adjourned and all other duties are complete, unless other arrangements have been made with City staff.
4. All public meeting video recording productions must be compatible with the current set-up:
Granicus Agenda Software System to live cast via Granicus on City website, live cast on Facebook Live through Castus, seamlessly connect to Zoom for public comment and live Spanish translation, and connect to Castus to broadcast on PEG Channel 21.
5. Consultant shall have remote and automated public meeting production, broadcast, and recording capabilities as a contingency in cases of inclement weather or emergency or unforeseen circumstances that would prevent production team from being on-site. Remote video production is to be used only as an exception and must be approved by the City Clerk and Public Information Officer in advance.
6. Ensure all public meeting videos and original content comply with current local, state, and federal regulations related to audio and visual media, including the Brown Act for public meetings.
7. Manage and program the 24/7 schedule of PEG Channel 21 using Castus, including organizing and managing content to be scheduled live and for re-broadcast. Consultant will have the 70 9 relevant knowledge and experience in PEG television policy and law to consult the City on upcoming trends and issues.
8. Create original content for PEG Channel 21, including but not limited to educational videos about city services and programs, scrolling news flashes, localized television series, and bulletin boards or static informational displays. Consultant will produce a minimum of four (4) videos for the first year, after which the City will reassess minimum number and length of videos preferred annually. Produce and manage a City bulletin board on upcoming events, notices, and other important public service announcement information to be aired to fill airtime between regular programming or in the case of a loss of a cable signal. May also be used for dissemination of emergency communications. All content should follow City brand and style guidelines, and in some cases, existing creative direction to compliment current or ongoing programs.
9. Creation of original video content will be done primarily with vendor’s own equipment, tools, and supplies, with the opportunity to use City-owned equipment as needed and mutually agreed upon prior to beginning any new project. For public meetings held at City Hall, City will provide consultant with all equipment, tools, and supplies necessary to provide the related services. All original content videos will be made available in formats suitable for broadcast to PEG Channel 21, social media, and website.
10. Build and maintain a video library of previous and future videos, b-roll, and images for use in future media and video productions. Examples of video and/or photography opportunities may include the State of the City Address, July 4th Parade, Festival of Winter Lights, groundbreakings, and other community-wide events.
11. Post-event editing of events that are recorded using personal mobile devices by City staff or recorded by a third party, in order to be programmed into Castus for PEG Channel 21 broadcast.
This would be done on an as-needed basis for up to five (5) special events per year.
12. Consultant will work with Public Information Officer, City Clerk, and Information Technology staff to ensure holistic approach to operations.
13. Consultant shall respond initially to requests from staff in writing within a 24-hour period, unless otherwise noted as urgent, to indicate confirmation of receipt. The Consultant’s responses will include confirmation of service or project direction and needs, an estimated number of billable hours to be dedicated to the project, and the turnaround time of the request.
While the City will accept proposals that may specialize in just one area, for example, meeting production and broadcast, the City reserves the right to give preference to individual firms with 71 10
proposals that directly include and specialize in all requested services. Municipal experience will also be given preference.
This request for proposal shall be inclusive of all fees, including taxes. 72 11
PROPOSAL CONTENT REQUIREMENTS
11. Proposal Requirements - All proposals must include the following information and shall be organized as described below.
The cover letter shall be addressed to Sheree Juarez Communications Specialist and at a minimum, must contain the following:
• Identification of Firm, including name, address, and telephone number • Name, title, address, and telephone number of contact person during period of proposal evaluation
• A statement to the effect that the proposal shall remain valid for a period of not less than 120 calendar days from date of submittal
• Signed by person authorized to bind the Firm to the terms of the proposal The intent of this narrative is to convince the City that the Proposer understands the requirements of the proposal, the nature of the work, and the level of effort necessary to successfully provide the defined services. It should demonstrate that the Proposer possesses the qualifications necessary to fulfill the requirements of the Request for Proposals.
Describe the Company’s history and organizational structure, including the size of the company, location of office(s), and years in business. Include the firm’s background, experience, and capacity to undertake the outlined services for the City of South Lake Tahoe in conformity with the requirements of the RFP. List the qualifications of each member of the proposed project team, including relevant education and credentialing. Provide the length of time each member has been an employee of the firm. Highlight previous experience in working with municipalities or other local government entities.
Describe the Company’s general approach to managing the services to be provided, including an explanation of the methodology to be followed and specific plans to manage, control, and supervise the services in order to ensure satisfactory provision of services. In developing the proposal, reference should be made to the specific requirements and specifications noted in the Introduction and Scope of Services (pages 8-10) and identify staffing plans for public meetings.
Provide a description of the service cost and/or fees itemized according to the RFP proposal, including the firm’s hourly rate for each service proposed; include an itemization of the expected level of services to be provided, including hours of work and corresponding fees. The total, allinclusive maximum price to be bid is to contain all direct and indirect costs, including all out-ofpocket and reimbursable expenses. The City of South Lake Tahoe will not be responsible for the expenses incurred in preparing and submitting the proposal. The Company shall present all A. Cover Letter (0-5 points)
B. Executive Summary (10 points)
C. Company History, Background and Experience (0-20 points) D. Scope of Work/Implementation (0-35 points)
E. Project Budget & Fee Proposal (0-25 points)
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costs, fees, taxes, and charges based on achievement of deliverables, which should be outlined in the Company’s cost proposal.
Provide references and examples for at least three (3) projectsthat represent the type of work requested in this Request for Proposals. All projects must be original content (with the exception of public meeting content) and fully produced by the Proposer. If a referenced project is a video, provide link or file to full video. Project examples must include at least:
1. One (1) city council or public governing body meeting (while not original content, original agenda graphics should be included)
2. One (1) public service announcement/educational video highlighting the client’s services, programs, or community
3. One (1) static placard or bulletin board display
Describe the size and the type of project, scope of work, original budget, and length of time to complete each project.
List dates of service, email addresses, and current phone number of clients’ representative(s) that can attest to the quality of services received for each of the example projects.
EVALUATION METHOD & CRITERIA
Proposals will first be reviewed for responsiveness to the requirements. If any information is missing from the required content, the proposal may be deemed non-responsive and returned to proposer and any further review is subject to the City’s discretion (see Reservations, pages 5-6).
The Selection Committee will make a recommendation based on the criteria in this Proposal to award the contract/agreement to a selected Proposer. The City may conduct interviews as described on page 4 under Selection Process.
Evaluation Criteria
Recommendations for selection will be based on the following weighted criteria of 100 possible points and passing status on all Pass or Fail categories, if any. This information should match the proposal content requirements on pages10-11.
Criteria Points
A. Cover Letter 5
B. Executive Summary 10
C. Company History, Background & Experience 20
D. Scope of Work/Implementation 35
F. Description of Recent Projects/References (0-5 points) 74 13
E. Project Budget & Fee Proposal 25
F. Description of Completed Projects/References 5
75 ATTACHMENT 1
PROFESSIONAL SERVICES AGREEMENT
STANDARD TEMPLATE
76 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 39 Attachment 1
CITY OF SOUTH LAKE TAHOE
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the day of 2026 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and (“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 years. 77 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 40
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.
6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.
Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.
7. Ownership of Documents.
All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant 78 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 41 for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest. 79 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 42
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,
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 80 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 43 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 is performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.
14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement 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.
81 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 44 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 such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses and causes of action of whatsoever arising out of or in any way connected with this Agreement, and consultant’s work under this Agreement.
15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal 82 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 45 injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insureds 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.
83 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 46 ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies.
The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the 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.
84 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 47
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:
Provide a copy to:
17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
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.
85 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 48
21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant’s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the 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.
86 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 49 c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.
Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.
25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et.seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.
27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
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. 87 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 50
30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
31. Time is of the Essence. Time is of the essence for this Agreement.
32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE: CONSULTANT:
By By
City Manager Name, Title
Date Date
Business License #
APPROVED AS TO FORM:
By Date
City Attorney
ATTEST:
By Date
City Clerk
Attachments:
Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
88 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 51
EXHIBIT A
SCOPE OF SERVICES
89 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 52
EXHIBIT B
SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Estimated fees (not to exceed) $
Hourly Rate: $ /hour
Travel and out-of-pocket expenses $
(travel is included in the TOTAL (not to exceed amount) TOTAL (not to exceed) $
TIMELINE
90 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 53
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
91 ATTACHMENT 2
BUSINESS AND PROFESSIONS TAX CERTIFICATE
APPLICATION TEMPLATE
Attachment 2
92 City of South Lake Tahoe
Broadcasting, Media, and Video
Production Services -
RFP# 2026-04-10
Prepared by: SoSuTV
Prepared For: Sheree Juarez, Public Information Officer 93 A. Cover Letter
Sheree Juarez
Communications Specialist
City of South Lake Tahoe
1901 Lisa Maloff Way,
South Lake Tahoe, CA 96150
Sheree,
Thank you for the opportunity to submit our proposal in response to your Request for Proposals. As a video production team that scales to meet the needs of each project, we prioritize flexibility while delivering consistently high-quality results. We take pride in building strong, collaborative partnerships that support long-term success.
Partnering with civic organizations is especially meaningful to us. We’re committed to helping make government processes more accessible and transparent through clear, reliable broadcast and video production. Having worked closely with your team, we understand the expectations, workflows, and technical requirements needed to execute seamless, gavel-to-gavel meeting coverage and produce engaging original video content. We approach each project with professionalism and care, ensuring the community has a dependable window into local government in action.
Over the past four years, we’ve taken pride in being a trusted and dependable presence and a collaborative resource, and we’re excited about the opportunity to continue evolving and improving this work together.
If you have any questions or would like any additional information, please don’t hesitate to reach out. We’re always happy to help. The submission to this request for proposal, RFP# 2026-04-10 is valid for a period of 120 calendar days from the date of submission.
SoSuTV is headquartered in Reno, NV
3983 S. McCarran Blvd #427
Reno, NV 89502
877-760-7678
Contact information for evaluation period is
Mickayla Clune - Account Manager
3983 S. McCarran Blvd,#427
Reno NV 89502
[email protected] | 877-760-7678 Ext. 704
Thank you so much,
Dana Hatjakes, President | SoSuTV
94 B. Executive Summary
Our primary goals in our work with the City of South Lake Tahoe under RFP# 2026- 04-10 are as follows:
Ɣ Increase transparency, engagement, and production quality Ɣ Provide effective meeting broadcasts
Ɣ Create engaging and relevant video content
Ɣ Manage the programming of the PEG/YouTube channel
Ɣ Develop bulletin boards for general and crisis communications AV Consulting and relevant equipment management and software updates
To this end, we will consistently produce precise and accurate meeting coverage and create relevant video content to connect and engage citizens. Effective meeting broadcasts include timely arrival of producers on-site who work closely with internal staff to create the highest quality broadcast. Video shots, audio levels, professional graphics, web conferencing, distribution, and streaming will all be integrated to produce the best possible meeting production. SoSuTV has the experience and staff as well as proximity and location to effectively cover all required meetings in good weather and bad with our redundancy plan in place.
Excellent video production includes the ability to communicate the story of City of South Lake Tahoe; department level overviews, public-facing PSAs, ad hoc video production, and award-winning television shows. SoSuTV's production services include aiding staff with screenwriting based on supplied copy points, assisting with line producing in collaboration with city comms staff. We deploy professional producers, in the field or in-studio, to capture interviews and b-roll in high quality 4K video. Motion graphics will be designed to align with the City brand to help visually communicate a cohesive brand identity. Finally, expert editors will weave these elements together with royalty free music and various output formats for broadcast, online, and social. The end product will be reviewed and approved by City staff using our cloud-based approval platform.
SoSuTV delivers high-quality, engaging video content. We fully understand the 24/7 programming needs of the City and PEG requirements, having worked with the City of South Lake Tahoe for the past 4 years as well as the majority of government agencies in the region. We are experts in the fields of live television broadcast, video content development, tv channel programming, A/V system maintenance, branding, and graphic design.
In addition to the broadcasting and video production expertise we offer, our A/V support team has years of proven success in troubleshooting and solving real-time issues with the City of South Lake Tahoe's specific council chambers equipment 95 and many others. Our ability to quickly procure, install and configure necessary replacement parts keeps meetings running as scheduled without interruption.
SoSuTV is a trusted sole source vendor. This sole source justification includes the fact that competitors only have the expertise and experience to do a single portion of the above capabilities. In our region, it is virtually impossible to competitively procure each of the above services with a single local vendor. Costs are increased by selecting several different vendors to complete these tasks, also increasing workload burden on internal staff. We are uniquely positioned through many years of government specific experience to meet all of the above needs in a professional and innovative manner.
96 C. Company History, Background and
Experience
2026
SoSuTV was founded in 2012 in Reno, Nevada by two experienced veterans of national broadcasting, Mark & Dana Hatjakes. We developed a reputation early on for excellence in video production and helping to pioneer livestreaming. We started focusing this experience in the government sector and began our long-term relationships with Washoe County and the City of Reno. We helped both agencies bring their systems up to date with high-definition chambers and studios as well as introducing then-new platforms such as YouTube live to help citizen outreach efforts.
These were hugely successful efforts and led to new contracts with the City of Sparks and Douglas County as well as numerous smaller regional agencies.
Operating out of South Reno, (3983 S. McCarran Blvd, #427), we are able to serve a variety of clients in Northern Nevada and Northern California. Our partial client list includes; Washoe County, Douglas County, City of Sparks, City of Reno, Churchill County, RTC, TMRPA, TDPUD, TMWA and more. During the last 14 years, we have developed award-winning video content for these agencies; winning PRSA, AAF, Telly, and Savvy awards. We have innovated new methods for regional communications during crisis events, including natural disasters like flooding and fire as well as emergency operations center and town hall broadcasts that were simulcast with local television stations during the COVID-19 pandemic.
Our team includes a large bandwidth of professional producers with deep and diverse skillsets. Our organizational structure is comprised of the following 8 team members;
President - Dana Hatjakes: With 20+ years in marketing, 14 in government and a Bachelor's degree in Business, Dana leads SoSuTV with the values of excellence in service and quantifiable results.
Vice President - Mark Hatjakes: With 25+ years in broadcasting and design, 14 years in government communications and several degrees in digital media and Bachelor's Degree in Television, Film and New Media, Mark shapes the creative vision for SoSu.TV
Account Manager - Mickayla Clune: With 5 years of administrative experience, Mickalya has been a valuable part of the SoSuTV team for nearly 2 years.
97 General Manager - Matthew Hatjakes: With 8 years in government production with SoSuTV and many more in IT technologies, Matthew manages operations across all departments.
Creative Director - Jonathan Hatjakes: Motion graphics and creative design professional with 8 years experience in government with SoSuTV and 12 years in graphic design.
Production Manager - Samantha De La Herran: With a formal degree in digital cinematography, she oversees production and has been with the company for 5 years.
Broadcast Producer - David Wilding: Has been with SoSuTV for 6 years and has also operated the State of Nevada's legislative broadcasts.
Broadcast Producer - Chris Bloom: Master music producer, Chris has been with SoSuTV as a part time broadcast producer for the last 2 years.
Over the course of the FY ‘22-'23 - FY '25-’26 contract with the City of South Lake Tahoe, our professional staff has delivered 124 public meeting broadcasts with a 100% success rate (zero missed or late broadcasts), resulting in tens of thousands of views in just the last year. During broadcasts, technical issues were resolved swiftly and larger infrastructure updates were resolved in real time or within an average of one business day. We maintain ongoing collaboration with third-party representatives through Granicus and Castus to program, support, and maintain the AV infrastructure, ensuring the system continues to perform at its best.
Our team has produced 37 high-quality video projects for the City of South Lake Tahoe, highlighting key city initiatives, community events, safety programs, proactive crisis mitigation and new developments. Collectively, the videos have generated more than 35,000 views and untold tertiary impressions, helping strengthen the City of South Lake Tahoe’s online presence and expand access to important public information. SoSuTV-produced videos continue to deliver value over time, serving as trusted resources for constituents and consistently attracting return viewership year after year. With this proven track record, our team's formal training, wide bandwidth, and innovative flexibility, SoSuTV can continue aiding South Lake Tahoe in their efforts for exceptional government communications.
98 D. Scope of Work/Implementation
(Exhibit A)
1. SoSuTV will produce, record, and broadcast approximately 40 annual public meetings per year, including City Council (24), Planning Commission (12), and Police Advisory Commission (4). Regular City Council meetings are generally two Tuesdays per month at 9am or 5:30pm with an average duration of 2-6 hours; Planning Commission is generally one Thursday per month at 3pm with an average duration of 2-3 hours; and Police Advisory Commission varies quarterly with an average duration of 1-2 hours. The City may call special meetings on occasion, including special closed session meetings that generally start one hour before the regular City Council meetings. The special-called meetings or additional meetings are not limited to City Council, Planning Commission, or Police Advisory Commission. Live broadcasts shall include agenda graphics, natural transitions, and lower thirds.
2. SoSuTV shall provide staff, technology, and data redundancy to ensure public meeting broadcasts will not be interrupted. SoSuTV technicians will produce public meetings, either onsite or by remote operation with written notice.
3. SoSuTV will provide basic set-up and take-down, as necessary, for meetings, as well as routine maintenance and minor repairs of all audio/visual equipment in conjunction with the activities listed above. SoSuTV will demonstrate proficiency with all equipment and will make a request in advance to the City for any purchases or repairs needed, or any labor on SoSuTV's part, which would exceed that described as routine or minor and which could trigger additional charges. On-site technician(s) will be responsible for securing the control room after any on-site maintenance or after a meeting has adjourned and all other duties are complete, unless other arrangements have been made with City staff.
4. All public meeting video recording productions will be compatible with the current set-up: Granicus Agenda Software System to live cast via Granicus on City website, live cast on YouTube / Facebook Live (if requested) through Castus, seamlessly connect to Zoom for hybrid engagement and live Spanish translation, and connect to Castus to broadcast on PEG Channel 21.
5. SoSuTV shall have remote and automated public meeting production, broadcast, and recording capabilities as a contingency in cases of inclement weather, emergency, or unforeseen circumstances that would prevent SoSuTV from being on-site. Remote video production is to be used only as an exception and must be approved by the City Clerk and Public Information Officer in advance.
6. SoSuTV will ensure that all public meeting videos and original content comply with current local, state, and federal regulations related to audio and visual media, including the Brown Act for public meetings. SoSuTV will provide recommendations to city staff when specific gear or techniques will be 99 required to continue this effort as federal, state and local laws change.
7. SoSuTV will manage and program the 24/7 schedule of PEG Channel 21 using Castus, including organizing and managing content to be scheduled live and for re-broadcast. SoSuTV has the relevant knowledge and experience in PEG television policy and law to consult the City on upcoming trends and issues.
8. SoSuTV will create original content for PEG Channel 21, including but not limited to; educational videos about city services and programs, scrolling news flashes, localized television series, and bulletin boards or static informational displays. SoSuTV will produce a minimum of four (4) videos for the first year, after which the City will reassess the minimum number and length of videos preferred annually. SoSuTV will produce and manage a City bulletin board on upcoming events, notices, and other important public service announcement information to be aired to fill airtime between regular programming or in the case of a loss of a cable signal. May also be used for dissemination of emergency communications. All content should follow City brand and style guidelines, and in some cases, existing creative direction to compliment current or ongoing programs.
9. SoSuTV will create original video content with our own equipment, tools, and supplies, with the opportunity to use City-owned equipment as needed and mutually agreed upon prior to beginning any new project. For public meetings held at City Hall, City will provide SoSuTV with all equipment, tools, and supplies necessary to provide the related services. All original content videos will be made available in formats suitable for broadcast to PEG Channel 21, social media, and website.
10. SoSuTV will build and maintain a video library of previous and future videos, b-roll, and images for use in future media and video productions. Examples of video and/or photography opportunities may include the July 4 Parade, Festival of Winter Lights, groundbreakings, and other community wide events.
11. SoSuTV will provide post-event edits of events that are recorded using personal mobile devices by City staff or recorded by a third party, in order to be programmed into Castus for PEG Channel 21 broadcast. This would be done on an as-needed basis for up to five (5) special events per year.
12. SoSuTV will work with the Public Information Officer, City Clerk, and Information Technology staff to ensure a holistic approach to operations to ensure alignment on goals, priorities, and messaging, fostering a cohesive partnership that encourages innovation, proactive problem-solving, and continuous improvement in service delivery. The City will have an Information Technologies staff and City Clerk staff at each meeting to assist the broadcasting team to identify and resolve any third-party systems failures.
13. SoSuTV shall respond initially to requests from staff in writing within a 24-hour period, unless otherwise noted as urgent, to indicate confirmation of receipt.
SoSuTV’s responses will include a confirmation of service or project direction and needs, an estimated number of billable hours to be dedicated to the project, and the turnaround time of the request.
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SoSuTV Categorical Methodology and Implementation Plan
1. Broadcast and Streaming - (Items 1-6 pg. 8) SoSuTV broadcast methodology is built from a foundation of national television standards. SoSuTV producers are formally trained in the elements of broadcast television including broadcast scheduling, standard shot blocking, broadcast audio levels, graphics key/overlay, web conferencing applications, and encoding/transcoding codecs.
1.1. Broadcast Scheduling - Producer will work with internal staff monthly to schedule meetings and receive agenda packets for inclusion into graphics.
1.2. Meeting Staffing - There will be one onsite producer scheduled per meeting and they will arrive in uniform and conduct themselves in a manner consistent with a professional work environment. Our broadcast producers will rotate as necessary.
1.3. Remote Production Scheduling - Should there be inclement weather, unexpected circumstances, or other acts of God that result in the safety concern of a producer to appear onsite for the operation of a meeting, permission will be requested of the City Clerk and Public Information Officer for SoSuTV to operate that meeting remotely. Express permission or lack thereof should be communicated at least three hours prior to the meeting start time by the City Clerk or Public Information Officer. If this three hour deadline should fall outside of standard business hours, the written permission or lack thereof should be communicated by EOD on the prior business day. We will make every effort to ensure we are watching weather patterns/traffic disruptions/or current events that could result in the request of a remotely operated meeting should the event of a safety concern arise to allow for a response within this requested timeframe.
1.4. Production Elements - Producer will block and preset camera positions.
Producer will preset audio levels to broadcast standards. Producer will work with staff to ingest web conferencing as needed. Producer will switch from shot to shot and from presentation and web conference when relevant. Producer will create lower third graphics with agenda number, description, and populate with corresponding agenda item.
1.5. Distribution - Producer will manage live broadcast output to PEG channel and streaming platforms. Producer will adjust encoding levels as necessary for highest quality. Producer will work with staff to determine best location to send recorded video files for archival purposes.
1.6. SoSuTV will maintain a log of all broadcast meetings and hours for internal tracking purposes. During this process, all broadcasts streamed will be trimmed of dead air before being called to order and after adjournment. SoSuTV will ensure the livestream is public and assigned to the proper playlist. Thumbnails will be added to maintain cohesive brand identity on YouTube. These services make public meeting archives more 101
easily accessible and searchable, acting as a human in-the-loop quality assurance step to all broadcasts.
2. Television Channel Management - (Items 7-8 pg. 8-9) SoSuTV utilizes best channel management practices from national organizational groups such as National Association of Broadcasters (NAB) and National Association of Telecommunications Officers and Advisors (NATOA) as well as our own proven Public Education Government (PEG) standards.
2.1. Producer will program the channel weekly, updating and removing content as directed by staff. Producer will use an encoding software to transcode videos for high quality play out as needed. Producer will work with internal staff to develop a weekly programming flow.
2.2. SoSuTV will ensure, to the best of our ability, that all public meeting videos and original content comply with current local, state, and federal regulations related to audio and visual media, including the Brown Act for public meetings. SoSu.TV has various options for closed captioning through current platform Castus and also other platforms such as TelVue. Pricing plans for captioning available upon request. SoSuTV is not liable for third party vendors selected by the City of South Lake Tahoe, included but not limited to Granicus, Castus, Zoom, YouTube, Facebook, or others should they alter their services in a way that is not compliant with the statutes of the Brown Act. It will be the responsibility of the City to adjust standard operating procedures to ensure that the standard operation of meetings allows for broadcasts and recordings to be within compliance of the Brown Act and inform SoSuTV of any changes in the standard operating procedures to ensure there is no disruption to the public records of meetings.
2.3. SoSuTV will work with staff to develop evergreen playlists including meetings, television shows, PSA's, original content, and bulletin boards.
SoSuTV will also program based on upcoming trends, issues and communication strategies.
2.4. SoSuTV will investigate crisis messaging abilities on air with available and recommended technology.
3. Content Development - (Items 9-13 pg. 9) SoSuTV methodology for content development employs the standards from television journalism and classic filmmaking. SoSuTV together with City staff will develop a long range content plan.
3.1. SoSuTV will meet with internal staff and stakeholders to define an annual list of topics to be covered and content to be produced. Based on this list, SoSuTV production team will work with internal staff to schedule necessary shoots and define deliverable dates. Content pieces will be customized based on allotted hours.
3.2. For each content piece (minimum of 4 a year) Account Manager will meet with internal staff to define goals and collect copy points and/or scripts with a mutually agreed-upon timeline. Internal staff will work with 102
their stakeholders to define shoot times, location, and onscreen talent when required. Deviation from timeline or scope will cause production timeline to shift. Account Manager will coordinate with the SoSuTV production manager to assign internal roles for the support of the completion of the project.
3.3. SoSuTV will arrive to the designated site with our video, audio, and lighting equipment for the successful completion of production. Producer will hand off raw footage to editor/motion graphics producer.
3.4. Account Manager will relay expected completion date to City staff.
Account Manager will provide a semi-final version for client review. Client will use approval platform to specify edits. Account Manager will send the final piece for approval. Producer will upload to all necessary channels and deliver final file to internal staff for social media distribution if requested.
3.5. SoSuTV will follow a condensed version of the above process for bulletin board design and distribution. Please note that bulletin board distribution is dependent upon the existence of infrastructure and equipment capable of this type of playout service. If additional hardware or software is required to enable a bulletin board service, that would fall outside of SoSuTV's scope of work under this contract and would need to be procured through a separate contract.
3.6. SoSuTV will build and maintain a video library of previous and future videos, b-roll, and images for future use. This will be done monthly or as requested by staff. This video library will encapsulate a selection of b-roll, interviews, and finished projects for use and distribution by the City. If the City would like the totality of all raw footage captured at shoots, it would be required they provide a physical SSD hard drive or SD cards due to the data storage limitations for the number of video files of that size. SoSuTV will select the best representation of B-roll from the shoots with the mindset that this b-roll could be reused and available for future projects.
3.7. SoSuTV will post-edit events recorded by staff as directed for up to five special events per year. Our methodology for video production will be the same process employed for these videos.
3.8. SoSuTV will work with staff to ensure a holistic approach to operations through our annual planning and implementation meeting.
3.9. SoSuTV will respond to requests within a 24 hour time period unless otherwise noted as urgent from staff. All staff communications sent to [email protected] will be responded to and added into internal ticketing for address within 24 hours.
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E. Project Budget & Fee Proposal
Meeting Broadcast / Livestream Services: $37,500 annually SoSuTV Proposed Responsibilities:
Ɣ SoSuTV to provide 300 total hours of control room production annually, billed at the rate of $125 an hour. Broadcast services include meeting operation, converting meetings for upload to a website archive, and breaks for lunch and dinner while onsite at meetings. Each meeting includes administrative, travel, and setup time.
Ɣ SoSuTV to provide live coverage of City Council Meetings, Planning Commission Meetings, Police Advisory Commission meetings, Joint/Special City Council meetings, and any “other meetings” as directed by the Public Information Officer. The regular or joint meetings are held twice monthly unless otherwise specified in the schedule.
Ɣ SoSuTV will work closely with agenda management system vendors and the City Clerk’s Office.
Ɣ SoSuTV will record the meetings with the capture function on broadcast equipment and deliver the meeting archive as specified.
Ɣ SoSuTV will convert the meetings into a format for easy placement on the website or provide an archive of meetings in a format appropriate for YouTube or Facebook.
Ɣ SoSuTV will display a professional attitude and business attire appropriate for a public meeting.
Ɣ SoSuTV will keep the control room neat and report any malfunctions in equipment immediately to the Public Information Officer.
Ɣ SoSuTV will assist with routine maintenance of television broadcast equipment, provide troubleshooting and repair support, and recommend resolutions to problems encountered in the broadcast and archiving of live meetings.
Ɣ SoSuTV will work with the Public Information Officer to plan and schedule all meetings covered by this proposal, giving at least two weeks’ notice if they are unable to provide coverage for any particular meeting.
Ɣ SoSuTV will work with the Public Information Officer to develop and maintain special programming/events.
Programming Services/Maintenance: $17,250 annually
SoSuTV Proposed Responsibilities:
Ɣ Weekly channel programming/online channel programming Ɣ Web streaming, video on demand services, and YouTube maintenance Ɣ Develop and produce static bulletin boards upon direction Ɣ Routine Maintenance
Ɣ 150 Total Hours or 12.5 hours per month. Additional time will be billed out at the rate of $125 an hour with pre-approval of the Public Information Officer 104
Original Content Creation: $37,500 annually
SoSuTV Proposed Responsibilities
Ɣ Development of a long-range video content calendar in partnership with the Public Information Officer that can be updated quarterly as priorities change.
Ɣ Original content Development and Distribution at a rate of $125 per hour.
Ɣ Includes 300 hours of production time for shoots and editing annually. Hours can be used as deemed appropriate by staff. Any additional time will be billed at $125 per hour and pre-approved by the Public Information Officer. Please see example video content calendar below:
Video Library Format: $5,000 annually
Ɣ Subscription service to an online platform that can accommodate admin credentials for multiple users to host a video library. The only permitted administrators are to be the host, SoSuTV, and the client, City of South Lake Tahoe. This online platform will create a resource for the City of South Lake Tahoe to have unmediated access to the assets captured for the City including b-roll, interviews, and completed projects. Please see Section D, Subsection 3.6 under categorical methodologies and implementation for complete details regarding the raw footage.
Ɣ Includes Editing time to separate and Individualize shots Ɣ It may take up to one month to migrate over all assets previously housed in the current archival video library.
Ɣ After the point at which the existing video library is up-to-date, it will be refreshed on a monthly basis or at the request of the Public Information Officer for the duration of the contract
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TOTAL $97500.00
Service Annual Cost
Meeting Broadcast / Livestream Services $37500.00
Programming Services/Maintenance $17500.00
Original Content Creation $37500.00
Video Library $5000.00
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F. Description of Recent Projects/References
1. Washoe County
Ɣ Public meeting broadcast - Feb 9th, 2026
Ɣ Size/Type of project: Regularly scheduled broadcast
Ɣ Scope of Work: Part of annual broadcasting contract
Ɣ Original Budget: $125 per hour
Ɣ Length of time to completion: Same Day
Ɣ Dates of Service: 2014-Present
Ɣ Representative: Bethany Drysdale
Ɣ Email: [email protected]
Ɣ Phone number: 775-313-8582
2. Churchill County
Ɣ Remote public meetings broadcast - March 5th, 2026
Ɣ Size/Type of project: Regularly scheduled remote broadcast Ɣ Scope of Work: Part of annual broadcasting contract, remote operation Ɣ Original Budget: $115 per hour
Ɣ Length of time to completion: Same Day
Ɣ Dates of Service: 2022-Present
Ɣ Representative: Linda Rothery
Ɣ Email: [email protected]
Ɣ Phone number: 775-428-0271
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3. City of Reno
Ɣ Reno housing dashboard informational video
Ɣ Size/Type of project: Informational video
Ɣ Scope of Work:
ż 1-2 minute video with interviews, b-roll, drone footage, editing, and motion graphics.
Ɣ Original Budget: $4,500
Ɣ Length of time to completion: 2 weeks
Ɣ Dates of Service: Sept 17th - Sept 30th
Ɣ Representative: Cassie Harris
Ɣ Email: [email protected]
Ɣ Phone number: 775-354-8780
4. City Of South Lake Tahoe
Ɣ Recreation Center App Animation
Ɣ Size/Type of project: Animated Informational video
Ɣ Scope of Work: 30 Seconds animated video
Ɣ Original Budget: $103 per hour
Ɣ Length of time to completion: 1 Month (Feb-March 2023) Ɣ Dates of Service: 2022-Present
Ɣ Representative: Sheree Juarez
Ɣ Email: [email protected]
Ɣ Phone number: (530) 542-7950
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5. Washoe County
Ɣ Bulletin Board Graphics (See Below)
Ɣ Size/Type of project: Weekly bulletin board
Ɣ Scope of Work: Part of annual broadcasting contract
Ɣ Original Budget: $100 per hour
Ɣ Length of time to completion: Updated Weekly
Ɣ Dates of Service: 2014-Present
Ɣ Representative: Bethany Drysdale
Ɣ Email: [email protected]
Ɣ Phone number: 775-313-8582
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Time and Performance
Fiscal Year
The services to be performed here under SoSu.TV shall be performed during the initial period commencing July 1, 2026 through June 30, 2028 with the City of South Lake Tahoe retaining the option to renew this agreement for two additional, one year periods. SoSu.TV will bill an additional 5% per year in cost of living increases.
SoSu.TV shall bill the City of South Lake Tahoe a monthly retainer for all television broadcasting services provided under this agreement.
FY ‘26-’27 - Year one total cost: $97,500
FY ‘26-’27 - Year one monthly fee: $8,125
FY ‘27-’28 - Year two total cost: $102,375
FY ‘27-’28 - Year two monthly fee: $8,531.25
(Optional Extension) FY ‘28-’29 - Year three total cost: $107,493 (Optional Extension) FY ‘28-’29 - Year three monthly fee: $8,957.75 (Optional Extension) FY ‘29-’30 - Year four total cost: $112,868 (Optional Extension) FY ‘29-’30 - Year four monthly fee: $9,405.66 Method of Payment
SoSu.TV shall bill the City of South Lake Tahoe, Monthly for all television broadcasting and video production services provided under this agreement. The City of South Lake Tahoe shall pay approved invoices within 30 days of receipt via ACH if possible.
Invoices are considered late after 30 days. A 3% monthly late fee will be applied until paid in full. Credit card payments are subject to a 3% processing fee if made by phone or online.
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Terms and Conditions
1. General Terms
All services provided by SoSu.TV (“Provider”) are governed by these Terms & Conditions. Client (“Client”) agrees to be bound by these terms upon entering into an agreement for services.
2. Payment Terms
• Deposits: A minimum 50% deposit is required to commence work on all production projects. Remaining balance is due upon project delivery or the day of the event, unless paid in full up front.
• Broadcast Contracts: Billed monthly or annually per agreement terms. • Late Payments: Invoices are considered late after 30 days. A 3% monthly late fee will be applied until paid in full. Costs incurred during collection will be added to the balance. Continued delinquency may result in account closure and referral to a collections agency.
• Credit Card Payments: Subject to a 3% processing fee if made by phone or online.
3. Cancellations & Termination
• Production Projects: Cancellation by Client will incur a 30% cancellation fee. • Crew or Equipment: Cancellations or modifications without 48 hours’ notice (weekends excluded) may incur 100% of the scheduled rate. • Agreements terminate automatically upon fulfillment of services.
4. Changes to Scope of Work
Any requested revisions that result in additional costs will be disclosed in writing.
Work will only proceed after written approval. Meeting deadlines requires timely delivery of assets (logos, scripts, content) and prompt Client feedback.
5. Force Majeure & Contingency Days
SoSu.TV is not liable for delays or nonperformance due to events beyond its control, including natural disasters, equipment failure, illness, labor strikes, riots, terrorism, or acts of God.
Contingency Days: Additional days required due to uncontrollable circumstances (e.g., weather, missing talent, protests) will be quoted in advance and billed upon approval.
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6. Live Meeting Coverage
Remote Operations
• Meetings beginning at or after 2:00 PM, or outside 8:00 AM – 5:00 PM, or lasting less than 3 hours, will be operated remotely from SoSu.TV’s Reno, NV office with staff approval.
• SoSu.TV reserves the right to switch to remote operation with prior notice due to inclement weather, acts of God, criminal activity, protests, or threats to staff safety. • A redundant cellular internet solution is available to ensure reliable service during outages.
On-Site Services
• Available upon request and may incur additional fees.
7. Streaming Requirements
Client venues must meet the following for livestreaming:
• Minimum 10mbps upload/download
• Latency <80ms, packet loss <0.01%, low jitter
• Audio and production staging to be provided during site survey • Dedicated switch port, 100mbps or gigabit preferred
• Additional fees apply if SoSu.TV must provide or configure internet, audio, or staging at venue
8. Storage of Digital Works
• Final edited files will be retained by SoSu.TV for one (1) year. • Raw footage will be stored for three (3) months following final approval. • Clients are responsible for archiving all delivered content. • A complete archival hard drive may be provided for an additional fee. • SoSu.TV does not guarantee media longevity or future compatibility of digital formats.
• SoSu.TV does not deliver project source files, including edit timelines or EDLs.
9. Intellectual Property
Ownership
• Upon full payment, the Client owns all licensed and deliverable media content (e.g., text, graphics, photos, video) specifically created for the Client. SoSu.TV retains copyright to the underlying project files and working elements unless otherwise agreed.
Client Materials
• Client represents that all materials provided to SoSu.TV are properly licensed or owned by Client.
• Client agrees to indemnify, defend, and hold harmless SoSu.TV from any claims 112
related to infringement, misuse, or unauthorized use of third-party materials.
Portfolio Use
• SoSu.TV reserves the right to display finished content in its portfolio or for promotional purposes unless otherwise prohibited by contract.
10. Design Fees
Custom AV designs and equipment proposals tailored to specific locations are subject to a 10% design fee, calculated from the total equipment/integration estimate.
11. Limitation of Liability
• SoSu.TV is not liable for incidental, indirect, or consequential damages, including lost revenue or production delays due to Client actions, omissions, or late asset delivery.
• No warranties are expressed or implied, including fitness for a particular purpose.
• SoSu.TV guarantees a high-quality final product and assumes full responsibility for third-party vendors under its direction.
• Backup equipment is maintained, but SoSu.TV is not liable for losses due to technical failure.
• SoSu.TV maintains $2M in insurance coverage, including liability, equipment, worker, and additionally insured coverage.
12. Professional Conduct and Safe Working Environment
Client shall cause its officers, employees and representatives to interact with SoSuTV and its employees and agents in a professional and respectful manner and not engage in conduct that a reasonable person would view as hostile, threatening, humiliating, or otherwise disruptive to a safe working environment.
Any complaint or performance concern regarding SoSuTV Personnel must be directed to SoSuTV’s general manager. If SoSuTV reasonably determines in good faith that such conduct has occurred, SoSuTV may require a different point of contact. Repeated violation of this Section constitutes a material breach entitling SoSuTV to terminate for cause upon written notice.
13. Governing Law & Venue
This agreement is governed by the laws of the State of Nevada. Any legal dispute shall be resolved exclusively in the courts located in Washoe County, Nevada.
This agreement is effective upon signature by both parties and constitutes the entire agreement between SoSu.TV and Client.
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EXHIBIT A
SCOPE OF WORK
Please See Section D. Scope of Work/Implementation for full scope of work and execution plan
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EXHIBIT B
SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Estimated fees (not to exceed) $97500.00
Hourly Rate: $125.00/hour
Travel and out-of-pocket expenses: $ Included
travel is included in the TOTAL (not to exceed amount)
TOTAL (not to exceed) $97500.00
TIMELINE
Day 1 - SoSuTV will continue operations seamlessly between contract end date June 30th, 2026 and new contract start date of July 1st 2026 7-14 Business Days - SoSuTV will schedule regular check-in meetings with the Public Information Officer, revisit our system health check, and ensure all A/V components are working properly and recommend repairs or replacements if necessary.
Month 1- SoSuTV will create a content calendar with internal staff for video production. SoSuTV will develop a plan for billboard implementation and refresh on-air graphics packages if necessary. Hold an annual planning and implementation meeting with the collaborative stakeholders.
Ongoing - SoSuTV will conduct regularly scheduled meetings, providing logs bi-weekly of any issues encountered during broadcasts. SoSuTV will conduct regular meetings on original content development and schedule production. 115
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:
Dana Hatjakes, President
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Please note, SoSuTV’s City of South Lake Tahoe Business License is currently in good standing and can be supplied upon request.
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CITY OF SOUTH LAKE TAHOE
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 2nd day of June 2026 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Sosu.tv (“Consultant”).
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement. Consultant shall have no power or authority by this Agreement to bind City in any respect.
The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services,” attached hereto and incorporated herein by reference. Exhibit B, “Compensation Schedule,” attached hereto and incorporated herein by reference, outlines the fees and compensation which shall be paid pursuant to this Agreement.
2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for one two (2) year term with the option to renew for one (1) two (2) year term.
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3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $195,000 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.
6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.
Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.
7. Ownership of Documents.
All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant 121
for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest. 122
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,
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 123
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 is performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.
14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.
Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.
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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 such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses and causes of action of whatsoever arising out of or in any way connected with this Agreement, and consultant’s work under this Agreement.
15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal 125
injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insureds 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.
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ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies.
The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the 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.
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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:
Provide a copy to:
17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
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.
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21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant’s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the 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.
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c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.
Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.
25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et.seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.
27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
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. 130
30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
31. Time is of the Essence. Time is of the essence for this Agreement.
32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE: CONSULTANT:
By By
Cody Bass, Mayor Dana Hatjakes, President
Date Date
Business License #
APPROVED AS TO FORM:
By Date
City Attorney
ATTEST:
By Date
City Clerk
Attachments:
Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
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Exhibit A
1. SoSuTV will produce, record, and broadcast approximately 40 annual public meetings per year, including City Council (24), Planning Commission (12), and Police Advisory
Commission (4). Regular City Council meetings are
generally two Tuesdays per month at 9am or 5:30pm with
an average duration of 2-6 hours; Planning Commission is generally one Thursday per month at 3pm with an average duration of 2-3 hours; and Police Advisory Commission varies quarterly with an average duration of 1-2 hours. The City may call special meetings on occasion, including special closed session meetings that generally start one hour before the regular City Council meetings. The special-called
meetings or additional meetings are not limited to City Council, Planning Commission, or Police Advisory Commission. Live broadcasts shall include agenda
graphics, natural transitions, and lower thirds.
2. SoSuTV shall provide staff, technology, and data
redundancy to ensure public meeting broadcasts will not be interrupted. SoSuTV technicians will produce public
meetings, either onsite or by remote operation with written notice.
3. SoSuTV will provide basic set-up and take-down, as
necessary, for meetings, as well as routine maintenance and minor repairs of all audio/visual equipment in
conjunction with the activities listed above. SoSuTV will demonstrate proficiency with all equipment and will make a request in advance to the City for any purchases or
repairs needed, or any labor on SoSuTV's part, which would exceed that described as routine or minor and which could trigger additional charges. On-site technician(s) will be responsible for securing the control room after any on-site maintenance or after a meeting has adjourned and all
other duties are complete, unless other arrangements have been made with City staff.
4. All public meeting video recording productions will be compatible with the current set-up: Granicus Agenda Software System to live cast via Granicus on City website, live cast on YouTube / Facebook Live (if requested) through Castus, seamlessly connect to Zoom for hybrid engagement and live Spanish translation, and connect to Castus to broadcast on PEG Channel 21.
5. SoSuTV shall have remote and automated public meeting production, broadcast, and recording capabilities as a
contingency in cases of inclement weather, emergency, or unforeseen circumstances that would prevent SoSuTV from being on-site. Remote video production is to be used only 132
as an exception and must be approved by the City Clerk
and Public Information Officer in advance.
6. SoSuTV will ensure that all public meeting videos and original content comply with current local, state, and
federal regulations related to audio and visual media,
including the Brown Act for public meetings. SoSuTV will provide recommendations to city staff when specific gear or techniques will be required to continue this effort as federal, state and local laws change.
7. SoSuTV will manage and program the 24/7 schedule of PEG Channel 21 using Castus, including organizing and
managing content to be scheduled live and for re- broadcast. SoSuTV has the relevant knowledge and experience in PEG television policy and law to consult the City on upcoming trends and issues.
8. SoSuTV will create original content for PEG Channel 21, including but not limited to; educational videos about city services and programs, scrolling news flashes, localized television series, and bulletin boards or static informational displays. SoSuTV will produce a minimum of four (4) videos for the first year, after which the City will reassess the minimum number and length of videos preferred annually.
SoSuTV will produce and manage a City bulletin board on upcoming events, notices, and other important public service announcement information to be aired to fill airtime between regular programming or in the case of a loss of a cable signal. May also be used for dissemination of
emergency communications. All content should follow City brand and style guidelines, and in some cases, existing creative direction to compliment current or ongoing programs.
9. SoSuTV will create original video content with our own equipment, tools, and supplies, with the opportunity to use City-owned equipment as needed and mutually agreed upon prior to beginning any new project. For public meetings held at City Hall, City will provide SoSuTV with all equipment, tools, and supplies necessary to provide the related services. All original content videos will be made available in formats suitable for broadcast to PEG Channel 21, social media, and website.
10. SoSuTV will build and maintain a video library of previous and future videos, b-roll, and images for use in future media and video productions. Examples of video and/or photography opportunities may include the July 4 Parade, Festival of Winter Lights, groundbreakings, and other
community wide events.
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11. SoSuTV will provide post-event edits of events that are recorded using personal mobile devices by City staff or recorded by a third party, in order to be programmed into Castus for PEG Channel 21 broadcast. This would be done on an as-needed basis for up to five (5) special events per year.
12. SoSuTV will work with the Public Information Officer, City Clerk, and Information Technology staff to ensure a holistic approach to operations to ensure alignment on goals,
priorities, and messaging, fostering a cohesive partnership that encourages innovation, proactive problem-solving, and continuous improvement in service delivery. The City will have an Information Technologies staff and City Clerk staff at each meeting to assist the broadcasting team to identify and resolve any third-party systems failures.
13. SoSuTV shall respond initially to requests from staff in writing within a 24-hour period, unless otherwise noted as urgent, to indicate confirmation of receipt. SoSuTV’s responses will include a confirmation of service or project direction and needs, an estimated number of billable hours to be
dedicated to the project, and the turnaround time of the request.
SoSuTV Categorical Methedology and Implementation Plan
1. Broadcast and Streaming - SoSuTV broadcast methodology is built from a foundation of national television standards. SoSuTV producers are formally trained in the elements of broadcast television including broadcast scheduling, standard shot blocking, broadcast audio levels, graphics key/overlay, web conferencing applications, and encoding/transcoding
codecs.
1.1. Broadcast Scheduling - Producer will work with internal staff monthly to schedule meetings and receive agenda
packets for inclusion into graphics.
1.2. Meeting Staffing - There will be one onsite producer scheduled per meeting and they will arrive in uniform and conduct themselves in a manner consistent with a
professional work environment. Our broadcast producers
will rotate as necessary.
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1.3. Remote Production Scheduling - Should there be inclement weather, unexpected circumstances, or other acts of God that result in the safety concern of a producer to appear onsite for the operation of a meeting, permission will be requested of the City Clerk and Public Information Officer for SoSuTV to operate that meeting remotely. Express
permission or lack thereof should be communicated at
least three hours prior to the meeting start time by the City Clerk or Public Information Officer. If this three hour deadline should fall outside of standard business hours, the written permission or lack thereof should be communicated by
EOD on the prior business day. We will make every effort to ensure we are watching weather patterns/traffic
disruptions/or current events that could result in the request of a remotely operated meeting should the event of a
safety concern arise to allow for a response within this requested timeframe.
1.4. Production Elements - Producer will block and preset camera positions. Producer will preset audio levels to
broadcast standards. Producer will work with staff to ingest web conferencing as needed. Producer will switch from
shot to shot and from presentation and web conference
when relevant. Producer will create lower third graphics with agenda number, description, and populate with
corresponding agenda item.
1.5. Distribution - Producer will manage live broadcast output to PEG channel and streaming platforms. Producer will
adjust encoding levels as necessary for highest quality.
Producer will work with staff to determine best location to send recorded video files for archival purposes.
1.6. SoSuTV will maintain a log of all broadcast meetings and hours for internal tracking purposes. During this process, all broadcasts streamed will be trimmed of dead air before
being called to order and after adjournment. SoSuTV will ensure the livestream is public and assigned to the proper playlist. Thumbnails will be added to maintain cohesive brand identity on YouTube. These services make public
meeting archives more easily accessible and searchable, acting as a human in-the-loop quality assurance step to all 135
broadcasts.
2. Television Channel Management - SoSuTV utilizes best channel management practices from national organizational groups such as National Association of Broadcasters (NAB) and
National Association of Telecommunications Officers and Advisors (NATOA) as well as our own proven Public Education Government (PEG) standards.
2.1 Producer will program the channel weekly, updating and removing content as directed by staff. Producer will use an encoding software to transcode videos for high quality play out as needed. Producer will work with internal staff to develop a weekly programming flow.
2.2 SoSuTV will ensure, to the best of our ability, that all public meeting videos and original content comply with current local, state, and federal regulations related to audio and visual media, including the Brown Act for public meetings. SoSu.TV has various options for closed captioning through current platform Castus and also other platforms such as TelVue.
Pricing plans for captioning available upon request. SoSuTV is not liable for third party vendors selected by the City of South Lake Tahoe, included but not limited to Granicus, Castus, Zoom, YouTube, Facebook, or others should they alter their services in a way that is not compliant with the statutes of the Brown Act. It will be the responsibility of the City to adjust standard operating procedures to ensure that the standard operation of meetings allows for broadcasts and recordings to be within compliance of the Brown Act and inform SoSuTV of any changes in the standard operating procedures to ensure there is no disruption to the public records of meetings.
2.3 SoSuTV will work with staff to develop evergreen playlists including meetings, television shows, PSA's, original content, and bulletin boards. SoSuTV will also program based on
upcoming trends, issues and communication strategies.
2.4 SoSuTV will investigate crisis messaging abilities on air with available and recommended technology.
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3. Content Development - SoSuTV methodology for content development employs the standards from television journalism and classic filmmaking. SoSuTV together with City staff will develop a long range content plan.
3.1. SoSuTV will meet with internal staff and stakeholders to define an annual list of topics to be covered and content to be produced. Based on this list, SoSuTV production team will work with internal staff to schedule necessary shoots and define deliverable dates. Content pieces will be customized based on allotted hours.
3.2. For each content piece (minimum of 4 a year) Account Manager will meet with internal staff to define goals and collect copy points and/or scripts with a mutually agreedupon timeline. Internal staff will work with their stakeholders to define shoot times, location, and onscreen talent when required. Deviation from timeline or scope will cause
production timeline to shift. Account Manager will
coordinate with the SoSuTV production manager to assign internal roles for the support of the completion of the project.
3.3. SoSuTV will arrive to the designated site with our video, audio,and lighting equipment for the successful completion of production. Producer will hand off raw footage to
editor/motion graphics producer.
3.4. Account Manager will relay expected completion date to City staff. Account Manager will provide a semi-final version for client review. Client will use approval platform to specify edits.
Account Manager will send the final piece for approval.
Producer will upload to all necessary channels and deliver final file to internal staff for social media distribution if requested.
3.5. SoSuTV will follow a condensed version of the above process for bulletin board design and distribution. Please note that bulletin board distribution is dependent upon the existence of infrastructure and equipment capable of this type of playout service. If additional hardware or software is required to enable a bulletin board service, that would fall outside of SoSuTV's scope of work under this contract and would need to be procured through a separate contract.
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3.6. SoSuTV will build and maintain a video library of previous and future videos, b-roll, and images for future use. This will be done monthly or as requested by staff. This video library will encapsulate a selection of b-roll, interviews, and finished projects for use and distribution by the City. If the City would like the totality of all raw footage captured at shoots, it would be required they provide a physical SSD hard drive or SD cards due to the data storage limitations for the number of video files of that size. SoSuTV will select the best representation of B-roll from the shoots with the mindset that this b-roll could be reused and available for future projects.
3.7. SoSuTV will post-edit events recorded by staff as directed for up to five special events per year. Our methodology for video production will be the same process employed for these
videos.
3.8. SoSuTV will work with staff to ensure a holistic approach to operations through our annual planning and implementation meeting.
3.9. SoSuTV will respond to requests within a 24 hour time period unless otherwise noted as urgent from staff. All staff
communications sent to [email protected] will be responded to and added into internal ticketing for address within 24 hours. 138
EXHIBIT B
SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Estimated fees (not to exceed) $97500.00
Hourly Rate: $125.00/hour
Travel and out-of-pocket expenses: $ Included
Travel is included in the TOTAL (not to exceed amount)
TOTAL (not to exceed) $97500.00
TIMELINE
Day 1 - SoSuTV will continue operations seamlessly between contract end date June 30th, 2026 and new contract start date of July 1st 2026 7-14 Business Days - SoSuTV will schedule regular check-in meetings with the Public Information Officer, revisit our system health check, and ensure all A/V components are working properly and recommend repairs or replacements if necessary.
Month 1- SoSuTV will create a content calendar with internal staff for video production. SoSuTV will develop a plan for billboard implementation and refresh on-air graphics packages if necessary. Hold an annual planning and implementation meeting with the collaborative stakeholders.
Ongoing - SoSuTV will conduct regularly scheduled meetings, providing logs biweekly of any issues encountered during broadcasts. SoSuTV will conduct regular meetings on original content development and schedule production. 139
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:
Dana
Hatjakes,
President
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City of South Lake Tahoe
Agenda Item Executive Summary
Hilary Roverud, Interim City Manager
__________________________________
Meeting Date: June 2, 2026
Agenda Item #:4
Agenda Item: Parks & Recreation Vehicle Purchases
Executive Summary: The Parks & Recreation Department plans to purchase three vehicles including two Ford Mavericks and one Chevrolet Silverado 2500. Budget for the purchase of the three vehicles was approved at the March 24, 2026 City Council meeting. The three vehicles will be purchased from National Auto Fleet Group in Watsonville, California utilizing a cooperative purchasing contract through Sourcewell contract #081325.
Requested Action / Suggested Motions: Pass a Motion authorizing the purchase of one Chevrolet Silverado 2500 4WD for $67,802.72 and two Ford Maverick Supercrew AWD for $74,756.38 from National Auto Fleet Group through Sourcewell contract #081325 and authorize the City Manager to execute the Purchase Order to National Auto Fleet Group.
Responsible Staff Member: John Stark, Director of Parks & Recreation Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Parks Recreation Vehicle Purchases.docx 02-Ford Maverick Quote.pdf
03-Chevrolet Silverado Quote.pdf
04-National Auto Fleet Contract 081325.pdf
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Council Agenda Report- June 2, 2026 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: June 2, 2026
Title: Parks & Recreation Vehicle Purchases
Location: Parks & Recreation
Responsible Staff Member: John Stark, Director of Parks & Recreation Background: The Parks & Recreation Department plans to purchase three vehicles including two Ford Maverick AWD pickup trucks and one Chevrolet Silverado 2500 4WD.
Budget for the purchase of the three vehicles was allocated as part of the mid-year budget review and approved at the March 24, 2026 City Council meeting.
Issue and Discussion: The Parks Division is replacing two trucks that are no longer operable #2107 and #2109. These will be replaced with two 2026 Ford Maverick Supercrew AWD pickup hybrid trucks. Fleet Division Management was quoted $74,756.38 for the two Ford Mavericks from National Auto Fleet Group in Watsonville, California and will utilize a cooperative purchasing contract through Sourcewell contract #081325.
The Recreation Division is purchasing a Chevrolet Silverado 2500HD 4WD work truck with liftgate that will be used for maintenance and operations of the Multigenerational Recreation & Aquatics Center. Fleet Division Management was quoted $67,802.72 from National Auto Fleet Group in Watsonville, California and will utilize a cooperative purchasing contract through Sourcewell contract #081325.
Financial Implications: Purchase of the three vehicles will cost a total of $142,559.10. This purchase will be made from the Vehicle Replacement Account # 210-03010-46130, which received funding allocation as part of the FY2025/2026 mid-year budget review.
Environmental Considerations: This is not a ‘project’ subject to review under the California Environmental Quality Act (CEQA) under CEQA guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies).
Policy Implications: 7.1 Complete the new Recreation and Swim Complex and maintain the current complex in the meantime. 7.7 Continue to improve access for people of all abilities to all public spaces.
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MASTER AGREEMENT #081325
CATEGORY: Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories SUPPLIER: ϳϮ,ŽƵƌ>>͕ĚďĂEĂƟŽŶĂůƵƚŽ&ůĞĞƚ'ƌŽƵƉ
This Master Agreement (Agreement) is between Sourcewell, ĂDŝŶŶĞƐŽƚĂƐĞƌǀŝĐĞĐŽŽƉĞƌĂƟǀĞlocated at 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and ϳϮ,ŽƵƌ>>͕ĚďĂEĂƟŽŶĂů Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).
Sourcewell is a ůŽĐĂůŐŽǀĞƌŶŵĞŶƚĂŶĚƐĞƌǀŝĐĞĐŽŽƉĞƌĂƟǀĞĐƌĞĂƚĞĚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨ DŝŶŶĞƐŽƚĂ;DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐ^ĞĐƟŽŶϭϮϯ͘ϮϭͿŽīĞƌŝŶŐ a CŽŽƉĞƌĂƟǀĞPurchasing Program to eligible ƉĂƌƟĐŝƉĂƟŶŐŐŽǀĞƌŶŵĞŶƚĞŶƟƟĞƐ.
Under this Master Agreement entered with Sourcewell, Supplier will provide /ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ to WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐƚŚƌŽƵŐŚ^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing Program. ƌƟĐůĞϭ͗
General Terms
dŚĞ'ĞŶĞƌĂůdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϭĐŽŶƚƌŽůƚŚĞŽƉĞƌĂƟŽŶŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůů ĂŶĚ^ƵƉƉůŝĞƌĂŶĚĂƉƉůLJƚŽĂůůƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚďLJ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ͘^ƵďƐĞƋƵĞŶƚ
ƌƟĐůĞƐƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚĐŽŶƚƌŽůƚŚĞƌŝŐŚƚƐ ĂŶĚŽďůŝŐĂƟŽŶƐĚŝƌĞĐƚůLJďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ ^ƵƉƉůŝĞƌ;ƌƟĐůĞϮͿ͕ĂŶĚďĞƚǁĞĞŶ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ;ƌƟĐůĞϯͿ͕ƌĞƐƉĞĐƟǀĞůLJ͘dŚĞƐĞƌƟĐůĞϭ
'ĞŶĞƌĂůdĞƌŵƐĐŽŶƚƌŽůŽǀĞƌĂŶLJĐŽŶŇŝĐƟŶŐƚĞƌŵƐ͘tŚĞƌĞƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƐŝůĞŶƚŽŶĂŶLJƐubject, WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJĂŶĚ^ƵƉƉůŝĞƌƌĞƚĂŝŶƚŚĞĂďŝůŝƚLJƚŽŶĞŐŽƟĂƚĞŵƵƚƵĂůůLJĂĐĐĞƉƚĂďůĞƚĞƌŵƐ. 1) Purpose. Pursuant to Minnesota law, tŚĞ^ŽƵƌĐĞǁĞůůŽĂƌĚŽĨŝƌĞĐƚŽƌƐŚĂƐĂƵƚŚŽƌŝnjĞĚ ĂŽŽƉĞƌĂƟǀĞ Purchasing Program designed to provide PĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐǁŝƚŚĂĐĐĞƐƐƚŽĐŽŵƉĞƟƟǀĞůLJĂǁĂƌĚĞĚ
ĐŽŽƉĞƌĂƟǀĞƉƵƌĐŚĂƐŝŶŐagreements͘dŽĨĂĐŝůŝƚĂƚĞƚŚĞWƌŽŐƌĂŵ͕^ŽƵƌĐĞǁĞůůhas awarded Supplier this ĐŽŽƉĞƌĂƟǀĞƉƵƌĐŚĂƐŝŶŐDĂƐƚĞƌŐƌĞĞŵĞŶƚĨŽůůŽǁŝŶŐĂĐŽŵƉĞƟƟǀĞƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞƐƐŝŶƚĞŶĚĞĚƚŽ ŵĞĞƚĐŽŵƉůŝĂŶĐĞƐƚĂŶĚĂƌĚƐŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚDŝŶŶĞƐŽƚĂůĂǁĂŶĚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐĐŽŶƚĂŝŶĞĚ herein.
2) Intent. dŚĞŝŶƚĞŶƚŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƚŽĚĞĮŶĞƚŚĞƌŽůĞƐŽĨ^ŽƵƌĐĞǁĞůů͕^ƵƉƉůŝĞƌ͕ĂŶĚ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJĂƐŝƚƌĞůĂƚĞƐƚŽ^ŽƵƌĐĞǁĞůů͛ƐŽŽƉĞƌĂƟǀĞWƵƌĐŚĂƐŝŶŐWƌŽŐƌĂŵ͘ ϯͿ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJĐĐĞƐƐ͘ ^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing Program Master Agreements are ĂǀĂŝůĂďůĞƚŽĞůŝŐŝďůĞƉƵďůŝĐĂŐĞŶĐŝĞƐ;WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐͿ. WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJ͛ƐĂƵƚŚŽƌŝƚLJƚŽĂĐĐĞƐƐ
^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing PƌŽŐƌĂŵŝƐĚĞƚĞƌŵŝŶĞĚƚŚƌŽƵŐŚƚŚĞůĂǁƐŽĨŝƚƐƌĞƐƉĞĐƟǀĞ ũƵƌŝƐĚŝĐƟŽŶ͘
4) Supplier Access. dŚĞ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐŽīĞƌĞĚƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚŵĂLJďĞŵĂĚĞĂǀĂŝůĂďůĞƚŽĂŶLJ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJ͘^ƵƉƉůŝĞƌƵŶĚĞƌƐƚĂŶĚƐƚŚĂƚĂWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJ͛ƐƵƐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĂƚƚŚĞ
WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJ͛ƐƐŽůĞĐŽŶǀĞŶŝĞŶĐĞ͘^ƵƉƉůŝĞƌǁŝůůĞĚƵĐĂƚĞŝƚƐƐĂůĞƐĂŶĚƐĞƌǀŝĐĞĨŽƌĐĞƐĂďŽƵƚ ^ŽƵƌĐĞǁĞůůĞůŝŐŝďŝůŝƚLJƌĞƋƵŝƌĞŵĞŶƚƐĂŶĚƌĞƋƵŝƌĞĚĚŽĐƵŵĞŶƚĂƟŽŶ͘^ƵƉƉůŝĞƌǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌ "!
#
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ĞŶƐƵƌŝŶŐƐĂůĞƐĂƌĞǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ.
5) Term. dŚŝƐŐƌĞĞŵĞŶƚŝƐĞīĞĐƟǀĞƵƉŽŶƚŚĞĚĂƚĞŽĨƚŚĞĮŶĂůƐŝŐŶĂƚƵƌĞďĞůŽǁ͘dŚĞƚĞƌŵŽĨƚŚŝƐ ŐƌĞĞŵĞŶƚŝƐĨŽƵƌ;ϰͿLJĞĂƌƐĨƌŽŵƚŚĞĞīĞĐƟǀĞĚĂƚĞ͘dŚĞŐƌĞĞŵĞŶƚĞdžƉŝƌĞƐĂƚϭϭ͗ϱϵW͘D͘ĞŶƚƌĂů Time on EŽǀĞŵďĞƌϭϯ͕ϮϬϮϵ͕ƵŶůĞƐƐŝƚŝƐĐĂŶĐĞůůĞĚŽƌĞdžƚĞŶĚĞĚĂƐĚĞĮŶĞĚŝŶƚŚŝƐŐƌĞĞŵĞŶƚ͘ a. Extensions. Sourcewell and Supplier may agree to up to three ;ϯͿ ĂĚĚŝƟŽŶĂůŽŶĞ-year extensions ďĞLJŽŶĚƚŚĞŽƌŝŐŝŶĂůĨŽƵƌ-LJĞĂƌƚĞƌŵ͘dŚĞƚŽƚĂůƉŽƐƐŝďůĞůĞŶŐƚŚŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝůůďĞƐĞǀĞŶ(7) LJĞĂƌƐĨƌŽŵƚŚĞĞīĞĐƟǀĞĚĂƚĞ͘
b.
džĐĞƉƟŽŶĂůŝƌĐƵŵƐƚĂŶĐĞƐ͘ ^ŽƵƌĐĞǁĞůůƌĞƚĂŝŶƐƚŚĞƌŝŐŚƚƚŽĐŽŶƐŝĚĞƌĂĚĚŝƟŽŶĂůĞdžƚĞŶƐŝŽŶƐĂƐ ƌĞƋƵŝƌĞĚƵŶĚĞƌĞdžĐĞƉƟŽŶĂůĐŝƌĐƵŵƐƚĂŶĐĞƐ͘
6) Survival of Terms. EŽƚǁŝƚŚƐƚĂŶĚŝŶŐƚŚĞƚĞƌŵŝŶĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕ƚŚĞŽďůŝŐĂƟŽŶƐŽĨƚŚŝƐ ŐƌĞĞŵĞŶƚǁŝůůĐŽŶƟŶƵĞƚŚƌŽƵŐŚƚŚĞƉĞƌĨŽƌŵĂŶĐĞƉĞƌŝŽĚŽĨĂŶLJƚƌĂŶƐĂĐƟŽŶĞŶƚĞƌĞĚbetween ^ƵƉƉůŝĞƌĂŶĚĂŶLJWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJďĞĨŽƌĞƚŚĞƚĞƌŵŝŶĂƟŽŶĚĂƚĞ͘
7) Scope. ^ƵƉƉůŝĞƌŝƐĂǁĂƌĚĞĚĂDĂƐƚĞƌŐƌĞĞŵĞŶƚƚŽƉƌŽǀŝĚĞƚŚĞƐŽůƵƟŽŶƐŝĚĞŶƟĮĞĚŝŶZ&WηϬϴϭϯϮϱ ƚŽWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ͘/Ŷ^ĐŽƉĞƐŽůƵƟŽŶƐŝŶĐůƵĚĞ͗
a. Category ϭ͗>>ĞŶŐŝŶĞƐ͕ĨƵĞů͕ĂŶĚƉƌŽƉƵůƐŝŽŶƚLJƉĞƵƚŽŵŽďŝůĞƐ͕^hsƐ͕sĂŶƐ͕ĂŶĚ>ŝŐŚƚdƌƵĐŬƐ͗ i. sĞŚŝĐůĞƐŽĨƚŚĞĨŽůůŽǁŝŶŐƚLJƉĞƐĂŶĚĐůĂƐƐŝĨŝĐĂƚŝŽŶƐ͗ (1) ƵƚŽŵŽďŝůĞƐ͗ŵŝŶŝ͕ ƐƵďĐŽŵƉĂĐƚ͕ĐŽŵƉĂĐƚ͕ĐŽƵƉĞ͕ƐĞĚĂŶ͕ĂŶĚĨƵůůƐŝnjĞ͖ (2) ^ƉŽƌƚhƚŝůŝƚLJsĞŚŝĐůĞƐ͗ĐƌŽƐƐ-ŽǀĞƌ͕ůŝŐŚƚĚƵƚLJ͕ĂŶĚŚĞĂǀLJĚƵƚLJ͖ ;ϯͿ sĂŶƐ͗ƉĂƐƐĞŶŐĞƌĂŶĚĐĂƌŐŽ͖ĂŶĚ
(4) >ŝŐŚƚdƌƵĐŬƐ͗ůŝŐŚƚĚƵƚLJ͕ŚĂůĨ-ton, three-ƋƵĂƌƚĞƌƚŽŶ͕ĂŶĚŽŶĞƚŽŶ͘ ii. sĞŚŝĐůĞƐŽĨƚŚĞƚLJƉĞƐĂŶĚĐůĂƐƐŝĨŝĐĂƚŝŽŶƐŝŶƐƵďƐĞĐƚŝŽŶƐ 7 a. i. (1)-;ϰͿ͘ĂďŽǀĞǁŝƚŚƵƉĨŝƚƚŝŶŐ ĚĞƐŝŐŶĞĚĨŽƌ͗
(1) WƵďůŝĐƐĂĨĞƚLJĂƉƉůŝĐĂƚŝŽŶƐ͖
(2) ĂŶĚƉĂƌĂƚƌĂŶƐŝƚĂƉƉůŝĐĂƚŝŽŶƐ͖
;ϯͿ ^ĞƌǀŝĐĞďŽĚŝĞƐĂŶĚƵƚŝůŝƚLJďĞĚĨŽƌůŝŐŚƚƚƌƵĐŬƐ͖ĂŶĚ (4)
ƋƵŝƉŵĞŶƚ͕ůŝŐŚƚŝŶŐ͕ƚĞĐŚŶŽůŽŐLJ͕ĂĐĐĞƐƐŽƌŝĞƐ͕ƐĂĨĞƚLJƉƌŽĚƵĐƚƐ͕ĂŶĚƵƉĨŝƚƚŝŶŐƐĞƌǀŝĐĞƐ ĚŝƌĞĐƚůLJƌĞůĂƚĞĚƚŽƚƵƌŶŬĞLJƐŽůƵƚŝŽŶƐĨŽƌƐƵďƐĞĐƚŝŽŶƐ7 a. ii. (1)-;ϯͿ͘ iii. ǁŝĚĞƌĂŶŐĞŽĨǀĞŚŝĐůĞƐďLJƐĞĂƚŝŶŐŽƌĐĂƌŐŽĐŽŶĨŝŐƵƌĂƚŝŽŶƐ͕ĚƌŝǀĞƚƌĂŝŶŽƉƚŝŽŶƐ͕ƚƌŝŵůĞǀĞůƐ͕ ĂŶĚŽƉƚŝŽŶĂůĞƋƵŝƉŵĞŶƚŽĨĨĞƌŝŶŐƐ͘
iv. WƌŽƉŽƐĞƌƐŵĂLJŝŶĐůƵĚĞƌĞůĂƚĞĚĞƋƵŝƉŵĞŶƚ͕ĂĐĐĞƐƐŽƌŝĞƐ͕ƐƵƉƉůŝĞƐ͕ƉĂƌƚƐ͕ĂŶĚƐĞƌǀŝĐĞƐƚŽƚŚĞ ĞdžƚĞŶƚƚŚĂƚƚŚĞƐŽůƵƚŝŽŶƐĂƌĞĚŝƌĞĐƚůLJƌĞůĂƚĞĚƚŽƚƵƌŶŬĞLJƐŽůƵƚŝŽŶƐĨŽƌƐƵďƐĞĐƚŝŽŶƐ7 a. i. and 7 a. ii. above.
WƌŽƉŽƐĞƌƐŵĂLJŝŶĐůƵĚĞƌĞůĂƚĞĚĞƋƵŝƉŵĞŶƚ͕ĂĐĐĞƐƐŽƌŝĞƐ͕ĂŶĚƐĞƌǀŝĐĞƐƚŽƚŚĞĞdžƚĞŶƚƚŚĂƚƚŚĞƐĞ ƐŽůƵƚŝŽŶƐĂƌĞĂŶĐŝůůĂƌLJŽƌĐŽŵƉůĞŵĞŶƚĂƌLJƚŽƚŚĞĞƋƵŝƉŵĞŶƚ͕ƉƌŽĚƵĐƚƐ͕ŽƌƐĞƌǀŝĐĞƐďĞŝŶŐƉƌŽƉŽƐĞĚ͘ 8) /ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ͘ ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůƚŽƚŚĞĂďŽǀĞƌĞĨĞƌĞŶĐĞĚZ&Wis incorporated into this Master ŐƌĞĞŵĞŶƚ͘KŶůLJƚŚŽƐĞ^ŽůƵƟŽŶƐŝŶĐůƵĚĞĚǁŝƚŚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůĂŶĚǁŝƚŚŝŶ^ĐŽƉĞ;/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐͿĂƌĞŝŶĐůƵĚĞĚǁŝƚŚŝŶƚŚĞŐƌĞĞŵĞŶƚĂŶĚŵĂLJďĞŽīĞƌĞĚƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ.
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9) /ŶĚĞĮŶŝƚĞYƵĂŶƟƚLJ͘ dŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚĚĞĮŶĞƐĂŶŝŶĚĞĮŶŝƚĞƋƵĂŶƟƚLJŽĨƐĂůĞƐƚŽĞůŝŐŝďůĞ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ.
10) Pricing. WƌŝĐŝŶŐŝŶĨŽƌŵĂƟŽŶ;ŝŶĐůƵĚŝŶŐWƌŝĐŝŶŐĂŶĚĞůŝǀĞƌLJĂŶĚWƌŝĐŝŶŐKīĞƌĞĚtĂďůĞƐͿĨŽƌĂůů/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐǁŝƚŚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůŝƐŝŶĐŽƌƉŽƌĂƚĞĚŝŶƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚ͘ 11) Not to Exceed Pricing. Suppliers may not exceed the prices listed in the current Pricing List ŽŶĮůĞ with Sourcewell ǁŚĞŶŽīĞƌŝŶŐ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ͘WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐŵĂLJ
ƌĞƋƵĞƐƚĂĚũƵƐƚŵĞŶƚƐƚŽƉƌŝĐŝŶŐĚŝƌĞĐƚůLJĨƌŽŵ^ƵƉƉůŝĞƌĚƵƌŝŶŐƚŚĞŶĞŐŽƟĂƟŽŶĂŶĚĞdžĞĐƵƟŽŶŽĨĂŶLJ ƚƌĂŶƐĂĐƟŽŶ.
12) Open Market. ^ƵƉƉůŝĞƌ͛ƐŽƉĞŶŵĂƌŬĞƚƉƌŝĐŝŶŐprocess is included within its Proposal. 13) ^ƵƉƉůŝĞƌZĞƉƌĞƐĞŶƚĂƟŽŶƐ͗
i) Compliance. Supplier represents and warrants it will provide all Included ^ŽůƵƟŽŶƐ ƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚŝŶĨƵůůĐŽŵƉůŝĂŶĐĞǁŝƚŚĂƉƉůŝĐĂďůĞĨĞĚĞƌĂů͕ƐƚĂƚĞ͕ĂŶĚůŽĐĂůůĂǁƐĂŶĚ ƌĞŐƵůĂƟŽŶƐ͘
ii) Licenses. ƐĂƉƉůŝĐĂďůĞ͕^ƵƉƉůŝĞƌǁŝůůŵĂŝŶƚĂŝŶĂǀĂůŝĚƐƚĂƚƵƐŽŶĂůůƌĞƋƵŝƌĞĚĨĞĚĞƌĂů͕ƐƚĂƚĞ͕ ĂŶĚůŽĐĂůůŝĐĞŶƐĞƐ͕ďŽŶĚƐ͕ĂŶĚƉĞƌŵŝƚƐƌĞƋƵŝƌĞĚĨŽƌƚŚĞŽƉĞƌĂƟŽŶŽĨ^ƵƉƉůŝĞƌ͛ƐďƵƐŝŶĞƐƐǁŝƚŚ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ͘WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐŵĂLJƌĞƋƵĞƐƚĂůůƌĞůĞǀĂŶƚĚŽĐƵŵĞŶƚĂƟŽŶĚŝƌĞĐƚůLJĨƌŽŵ Supplier.
iii) Supplier Warrants. Supplier warrants that all Included ^ŽůƵƟŽŶƐĨƵƌŶŝƐŚĞĚƵŶĚĞƌƚŚŝƐ ŐƌĞĞŵĞŶƚĂƌĞĨƌĞĞĨƌŽŵůŝĞŶƐĂŶĚĞŶĐƵŵďƌĂŶĐĞƐ͕ĂŶĚĂƌĞĨƌĞĞĨƌŽŵĚĞĨĞĐƚƐŝŶĚĞƐŝŐŶ͕ŵĂƚĞƌŝĂůƐ͕ ĂŶĚǁŽƌŬŵĂŶƐŚŝƉ͘/ŶĂĚĚŝƟŽŶ͕^ƵƉƉůŝĞƌǁĂƌƌĂŶƚƐƚŚĞ^ŽůƵƟŽŶƐĂƌĞƐƵŝƚĂďůĞĨŽƌĂŶĚǁŝůůƉĞƌĨŽƌŵ in accordance with the ordinary uƐĞĨŽƌǁŚŝĐŚƚŚĞLJĂƌĞŝŶƚĞŶĚĞĚ͘ 14) ĂŶŬƌƵƉƚĐLJEŽƟĐĞƐ͘ ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐŝƚŝƐŶŽƚĐƵƌƌĞŶƚůLJŝŶĂďĂŶŬƌƵƉƚĐLJƉƌŽĐĞĞĚŝŶŐ͘ ^ƵƉƉůŝĞƌŚĂƐĚŝƐĐůŽƐĞĚĂůůĐƵƌƌĞŶƚĂŶĚĐŽŵƉůĞƚĞĚďĂŶŬƌƵƉƚĐLJƉƌŽĐĞĞĚŝŶŐƐǁŝƚŚŝŶƚŚĞƉĂƐƚƐĞǀĞŶLJĞĂƌƐ ǁŝƚŚŝŶŝƚƐWƌŽƉŽƐĂů͘^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞŶŽƟĐĞŝŶǁƌŝƟŶŐƚŽ^ŽƵƌĐĞǁĞůůŝĨŝƚĞŶƚĞƌƐĂďĂŶŬƌƵƉƚĐLJ ƉƌŽĐĞĞĚŝŶŐĂƚĂŶLJƟŵĞĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘ 15) Debarment and Suspension. ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐĂƌĞ ƉƌĞƐĞŶƚůLJĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ƉƌŽƉŽƐĞĚĨŽƌĚĞďĂƌŵĞŶƚ͕ĚĞĐůĂƌĞĚŝŶĞůŝŐŝďůĞ͕ŽƌǀŽůƵŶƚĂƌŝůLJĞdžĐůƵĚĞĚ ĨƌŽŵƉƌŽŐƌĂŵƐŽƉĞƌĂƚĞĚďLJƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ͕ƚŚĞhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůŐŽǀĞƌŶŵĞnt, or any WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJ͘^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐŚĂǀĞďĞĞŶ ĐŽŶǀŝĐƚĞĚŽĨĂĐƌŝŵŝŶĂůŽīĞŶƐĞƌĞůĂƚĞĚƚŽƚŚĞƐƵďũĞĐƚŵĂƩĞƌŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĨƵƌƚŚĞƌ warrants that it will pƌŽǀŝĚĞŝŵŵĞĚŝĂƚĞǁƌŝƩĞŶŶŽƟĐĞƚŽ^ŽƵƌĐĞǁĞůůŝĨƚŚŝƐĐĞƌƟĮĐĂƟŽŶĐŚĂŶŐĞƐĂƚ ĂŶLJƟŵĞĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘
16) Provisions for non-hŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĞŶƟƚLJƉƌŽĐƵƌĞŵĞŶƚƐƵŶĚĞƌhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĂǁĂƌĚƐ or other awards (Appendix II ƚŽϮ͘&͘ZΑϮϬϬͿ͘ WĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐƚŚĂƚƵƐĞhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂů
ŐƌĂŶƚŽƌŽƚŚĞƌĨĞĚĞƌĂůĨƵŶĚŝŶŐƚŽƉƵƌĐŚĂƐĞƐŽůƵƟŽŶƐĨƌŽŵƚŚŝƐŐƌĞĞŵĞŶƚŵĂLJďĞƐƵďũĞĐƚƚŽ ĂĚĚŝƟŽŶĂůƌĞƋƵŝƌĞŵĞŶƚƐŝŶĐůƵĚŝŶŐƚŚĞƉƌŽĐƵƌĞŵĞŶƚƐƚĂŶĚĂƌĚƐŽĨƚŚĞhŶŝĨŽƌŵĚŵŝŶŝƐƚƌĂƟǀĞ ZĞƋƵŝƌĞŵĞŶƚƐ͕ŽƐƚWƌŝŶĐŝƉůĞƐĂŶĚƵĚŝƚZĞƋƵŝƌĞŵĞŶƚƐĨŽƌ&ĞĚĞƌĂůǁĂƌĚƐ͕Ϯ͘&͘Z͘ΑϮϬϬ͘ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐŵĂLJŚĂǀĞĂĚĚŝƟŽŶĂůƌĞƋƵŝƌĞŵĞŶƚƐďĂƐĞĚŽŶƐƉĞĐŝĮĐĨƵŶĚŝŶŐƐŽƵƌĐĞƚĞƌŵƐŽƌ "!
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ĐŽŶĚŝƟŽŶƐ͘tŝƚŚŝŶƚŚŝƐ^ĞĐƟŽŶ͕ĂůůƌĞĨĞƌĞŶĐĞƐƚŽ͞ĨĞĚĞƌĂů͟ƐŚŽƵůĚďĞŝŶƚĞƌƉƌĞƚĞĚƚŽŵĞĂŶƚŚĞhŶŝƚĞĚ ^ƚĂƚĞƐĨĞĚĞƌĂůŐŽǀĞƌŶŵĞŶƚ͘dŚĞĨŽůůŽǁŝŶŐůŝƐƚĂƉƉůŝĞƐǁŚĞŶĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJĂĐĐĞƐƐĞƐ^ƵƉƉůŝĞƌ͛Ɛ
Included ^ŽůƵƟŽŶƐǁŝƚŚhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĨƵŶĚƐ͘
i)
Yh>
DW>KzD
EdKWWKZdhE/dz͘
džĐĞƉƚĂƐŽƚŚĞƌǁŝƐĞƉƌŽǀŝĚĞĚƵŶĚĞƌϰϭ͘&͘Z͘Α
60, all agreements ƚŚĂƚŵĞĞƚƚŚĞĚĞĮŶŝƟŽŶŽĨ͞ĨĞĚĞƌĂůůLJĂƐƐŝƐƚĞĚĐŽŶƐƚƌƵĐƟŽŶĐŽŶƚƌĂĐƚ͟ŝŶϰϭ ͘&͘Z͘ΑϲϬ-ϭ͘ϯŵƵƐƚŝŶĐůƵĚĞƚŚĞĞƋƵĂůŽƉƉŽƌƚƵŶŝƚLJĐůĂƵƐĞƉƌŽǀŝĚĞĚƵŶĚĞƌϰϭ͘&͘Z͘ΑϲϬ-1.4(b), in ĂĐĐŽƌĚĂŶĐĞǁŝƚŚ
džĞĐƵƟǀĞKƌĚĞƌϭϭϮϰϲ͕͞
ƋƵĂů
ŵƉůŽLJŵĞŶƚKƉƉŽƌƚƵŶŝƚLJ͟;ϯϬ&ZϭϮϯϭϵ͕ϭϮϵϯϱ͕
ϯ͘&͘Z͘Α͕ϭϵϲϰ-ϭϵϲϱŽŵƉ͕͘Ɖ͘ϯϯϵͿ͕ĂƐĂŵĞŶĚĞĚďLJ
džĞĐƵƟǀĞKƌĚĞƌϭϭϯϳϱ͕͞ŵĞŶĚŝŶŐ
džĞĐƵƟǀĞKƌĚĞƌϭϭϮϰϲZĞůĂƟŶŐƚŽ
ƋƵĂů
ŵƉůŽLJŵĞŶƚKƉƉŽƌƚƵŶŝƚLJ͕͟ ĂŶĚŝŵƉůĞŵĞŶƟŶŐ
ƌĞŐƵůĂƟŽŶƐĂƚϰϭ͘&͘Z͘ΑϲϬ͕͞KĸĐĞŽĨ&ĞĚĞƌĂůŽŶƚƌĂĐƚŽŵƉůŝĂŶĐĞWƌŽŐƌĂŵƐ͕ ƋƵĂů
ŵƉůŽLJŵĞŶƚKƉƉŽƌƚƵŶŝƚLJ͕ĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌ͘͟dŚĞĞƋƵĂůŽƉƉŽƌƚƵŶŝƚLJĐůĂƵƐĞŝƐŝŶĐŽƌƉŽƌĂƚĞĚ ŚĞƌĞŝŶďLJƌĞĨĞƌĞŶĐĞ͘
ii) DAVIS-KEd͕^D
E
;ϰϬh͘^͘͘Αϯϭϰϭ-3148). tŚĞŶƌĞƋƵŝƌĞĚďLJĨĞĚĞƌĂů
ƉƌŽŐƌĂŵůĞŐŝƐůĂƟŽŶ͕ĂůůƉƌŝŵĞĐŽŶƐƚƌƵĐƟŽŶĐŽŶƚƌĂĐƚƐŝŶĞdžĐĞƐƐŽĨΨϮ͕ϬϬϬĂǁĂƌĚĞĚďLJŶŽŶ-ĨĞĚĞƌĂů ĞŶƟƟĞƐŵƵƐƚŝŶĐůƵĚĞĂƉƌŽǀŝƐŝŽŶĨŽƌĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞĂǀŝƐ-ĂĐŽŶĐƚ;ϰϬh͘^͘͘Αϯϭϰϭϯϭϰϰ͕ĂŶĚϯϭϰϲ-ϯϭϰϴͿĂƐƐƵƉƉůĞŵĞŶƚĞĚďLJĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌƌĞŐƵůĂƟŽŶƐ;Ϯϵ͘&͘Z͘Αϱ͕ ͞>ĂďŽƌ^ƚĂŶĚĂƌĚƐWƌŽǀŝƐŝŽŶƐƉƉůŝĐĂďůĞƚŽŽŶƚƌĂĐƚƐŽǀĞƌŝŶŐ&ĞĚĞƌĂůůLJ&ŝŶĂŶĐĞĚĂŶĚƐƐŝƐƚĞĚ ŽŶƐƚƌƵĐƟŽŶ͟Ϳ͘/ŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƐƚĂƚƵƚĞ͕ĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚ ďĞƌĞƋƵŝƌĞĚƚŽƉĂLJǁĂŐĞƐƚŽ ůĂďŽƌĞƌƐĂŶĚŵĞĐŚĂŶŝĐƐĂƚĂƌĂƚĞŶŽƚůĞƐƐƚŚĂŶƚŚĞƉƌĞǀĂŝůŝŶŐǁĂŐĞƐƐƉĞĐŝĮĞĚŝŶĂǁĂŐĞ ĚĞƚĞƌŵŝŶĂƟŽŶŵĂĚĞďLJƚŚĞ^ĞĐƌĞƚĂƌLJŽĨ>ĂďŽƌ͘/ŶĂĚĚŝƟŽŶ͕ĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚďĞƌĞƋƵŝƌĞĚƚŽƉĂLJ ǁĂŐĞƐŶŽƚůĞƐƐƚŚĂŶŽŶĐĞĂǁĞĞŬ͘dŚĞŶŽŶ-ĨĞĚĞƌĂůĞŶƟƚLJŵƵƐƚƉůĂĐĞĂĐŽƉLJŽĨƚŚĞĐƵƌƌĞŶƚ ƉƌĞǀĂŝůŝŶŐǁĂŐĞĚĞƚĞƌŵŝŶĂƟŽŶŝƐƐƵĞĚďLJƚŚĞĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌŝŶĞĂĐŚƐŽůŝĐŝƚĂƟŽŶ͘dŚĞ ĚĞĐŝƐŝŽŶƚŽĂǁĂƌĚĂĐŽŶƚƌĂĐƚŽƌƐƵďĐŽŶƚƌĂĐƚŵƵƐƚďĞĐŽŶĚŝƟŽŶĞĚƵƉŽŶƚŚĞĂĐĐĞƉƚĂŶĐĞŽĨƚŚĞ ǁĂŐĞĚĞƚĞƌŵŝŶĂƟŽŶ͘dŚĞŶŽŶ-ĨĞĚĞƌĂůĞŶƟƚLJŵƵƐƚƌĞƉŽƌƚĂůůƐƵƐƉĞĐƚĞĚŽƌƌĞƉŽƌƚĞĚǀŝŽůĂƟŽŶƐƚŽ ƚŚĞĨĞĚĞƌĂůĂǁĂƌĚŝŶŐĂŐĞŶĐLJ͘dŚĞĐŽŶƚƌĂĐƚƐŵƵƐƚĂůƐŽŝŶĐůƵĚĞĂƉƌŽǀŝƐŝŽŶĨŽƌĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞ ŽƉĞůĂŶĚ͞ŶƟ-<ŝĐŬďĂĐŬ͟Đƚ;ϰϬh͘^͘͘ΑϯϭϰϱͿ͕ĂƐƐƵƉƉůĞŵĞŶƚĞĚďLJĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌ regulaƟŽŶƐ;Ϯϵ͘&͘Z͘Αϯ͕͞ŽŶƚƌĂĐƚŽƌƐĂŶĚ^ƵďĐŽŶƚƌĂĐƚŽƌƐŽŶWƵďůŝĐƵŝůĚŝŶŐŽƌWƵďůŝĐtŽƌŬ &ŝŶĂŶĐĞĚŝŶtŚŽůĞŽƌŝŶWĂƌƚďLJ>ŽĂŶƐŽƌ'ƌĂŶƚƐĨƌŽŵƚŚĞhŶŝƚĞĚ^ƚĂƚĞƐ͟Ϳ͘dŚĞĐƚƉƌŽǀŝĚĞƐƚŚĂƚ ĞĂĐŚĐŽŶƚƌĂĐƚŽƌŽƌƐƵďƌĞĐŝƉŝĞŶƚŵƵƐƚďĞƉƌŽŚŝďŝƚĞĚĨƌŽŵŝŶĚƵĐŝŶŐ͕ďLJĂŶLJ means, any person ĞŵƉůŽLJĞĚŝŶƚŚĞĐŽŶƐƚƌƵĐƟŽŶ͕ĐŽŵƉůĞƟŽŶ͕ŽƌƌĞƉĂŝƌŽĨƉƵďůŝĐǁŽƌŬ͕ƚŽŐŝǀĞƵƉĂŶLJƉĂƌƚŽĨƚŚĞ ĐŽŵƉĞŶƐĂƟŽŶƚŽǁŚŝĐŚŚĞŽƌƐŚĞŝƐŽƚŚĞƌǁŝƐĞĞŶƟƚůĞĚ͘dŚĞŶŽŶ-ĨĞĚĞƌĂůĞŶƟƚLJŵƵƐƚƌĞƉŽƌƚĂůů ƐƵƐƉĞĐƚĞĚŽƌƌĞƉŽƌƚĞĚǀŝŽůĂƟŽŶƐƚŽƚŚĞĨĞĚĞƌĂůawarding agency. Supplier must comply with all applicable Davis-Bacon Act provisions.
iii) KEdZdtKZ<,KhZ^E^&
dz^dEZ^d;ϰϬh͘^͘͘ΑϯϳϬϭ-3708).
Where applicable, all contracts awarded by the non-ĨĞĚĞƌĂůĞŶƟƚLJŝŶĞdžĐĞƐƐŽĨΨϭϬϬ͕ϬϬϬƚŚĂƚ ŝŶǀŽůǀĞƚŚĞĞŵƉůŽLJŵĞŶƚŽĨŵĞĐŚĂŶŝĐƐŽƌůĂďŽƌĞƌƐŵƵƐƚŝŶĐůƵĚĞĂƉƌŽǀŝƐŝŽŶĨŽƌĐŽŵƉůŝĂŶĐĞǁŝƚŚ ϰϬh͘^͘͘ΑΑϯϳϬϮĂŶĚϯϳϬϰ͕ĂƐƐƵƉƉůĞŵĞŶƚĞĚďLJĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌƌĞŐƵůĂƟŽŶƐ;Ϯϵ͘&͘Z͘ΑϱͿ͘ hŶĚĞƌϰϬh͘^͘͘ΑϯϳϬϮŽĨƚŚĞĐƚ͕ĞĂĐŚĐŽŶƚƌĂĐƚŽƌŵƵƐƚďĞƌĞƋƵŝƌĞĚƚŽĐŽŵƉƵƚĞƚŚĞǁĂŐĞƐŽĨ ĞǀĞƌLJŵĞĐŚĂŶŝĐĂŶĚůĂďŽƌĞƌŽŶƚŚĞďĂƐŝƐŽĨĂƐƚĂŶĚĂƌĚǁŽƌŬǁĞĞŬŽĨϰϬŚŽƵƌƐ͘tŽƌŬŝŶĞdžĐĞƐƐŽĨ ƚŚĞƐƚĂŶĚĂƌĚǁŽƌŬǁĞĞŬŝƐƉĞƌŵŝƐƐŝďůĞƉƌŽǀŝĚĞĚƚŚĂƚƚŚĞǁŽƌŬĞƌŝƐĐŽŵƉĞŶƐĂƚĞĚĂƚĂƌĂƚĞŽĨŶŽƚ ůĞƐƐƚŚĂŶŽŶĞĂŶĚĂŚĂůĨƟŵĞƐƚŚĞďĂƐŝĐƌĂƚĞŽĨƉĂLJĨŽƌĂůůŚŽƵƌƐǁŽƌŬĞĚŝŶĞdžĐĞƐƐŽĨϰϬŚŽƵƌƐŝŶ ƚŚĞǁŽƌŬǁĞĞŬ͘dŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨϰϬh͘^͘͘ΑϯϳϬϰĂƌĞĂƉƉůŝĐĂďůĞƚŽĐŽŶƐƚƌƵĐƟŽŶǁŽƌŬĂŶĚ ƉƌŽǀŝĚĞƚŚĂƚŶŽůĂďŽƌĞƌŽƌŵĞĐŚĂŶŝĐŵƵƐƚďĞƌĞƋƵŝƌĞĚƚŽǁŽƌŬŝŶƐƵƌƌŽƵŶĚŝŶŐƐŽƌƵŶĚĞƌǁŽƌŬŝŶŐ ĐŽŶĚŝƟŽŶƐǁŚŝĐŚĂƌĞƵŶƐĂŶŝƚĂƌLJ͕ŚĂnjĂƌĚŽƵƐŽƌĚĂŶŐĞƌŽƵƐ͘dŚĞƐĞƌĞƋƵŝƌĞŵĞŶƚƐĚŽŶŽƚĂƉƉůLJƚŽ the purchases ŽĨƐƵƉƉůŝĞƐ͕ŵĂƚĞƌŝĂůƐ͕ŽƌĂƌƟĐůĞƐŽƌĚŝŶĂƌŝůLJĂǀĂŝůĂďůĞŽŶƚŚĞŽƉĞŶŵĂƌŬĞƚ͕Žƌ "!
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168
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v052824 5
ĐŽŶƚƌĂĐƚƐĨŽƌƚƌĂŶƐƉŽƌƚĂƟŽŶŽƌƚƌĂŶƐŵŝƐƐŝŽŶŽĨŝŶƚĞůůŝŐĞŶĐĞ͘dŚŝƐƉƌŽǀŝƐŝŽŶŝƐŚĞƌĞďLJŝŶĐŽƌƉŽƌĂƚĞĚ ďLJƌĞĨĞƌĞŶĐĞŝŶƚŽƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨĂŶĂǁĂƌĚĨŽƌĂůů ŐƌĞĞŵĞŶƚƐďLJ^ŽƵƌĐĞǁĞůůƌĞƐƵůƟŶŐĨƌŽŵƚŚŝƐƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞss, Supplier must comply with ĂƉƉůŝĐĂďůĞƌĞƋƵŝƌĞŵĞŶƚƐĂƐƌĞĨĞƌĞŶĐĞĚĂďŽǀĞ͘
iv) RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. /ĨƚŚĞĨĞĚĞƌĂů ĂǁĂƌĚŵĞĞƚƐƚŚĞĚĞĮŶŝƟŽŶŽĨ͞ĨƵŶĚŝŶŐĂŐƌĞĞŵĞŶƚ͟ƵŶĚĞƌϯϳ͘&͘Z͘ΑϰϬϭ͘Ϯ;ĂͿĂŶĚƚŚĞƌĞĐŝƉŝĞŶƚ ŽƌƐƵďƌĞĐŝƉŝĞŶƚǁŝƐŚĞƐƚŽĞŶƚĞƌŝŶƚŽĂĐŽŶƚƌĂĐƚǁŝƚŚĂƐŵĂůůďƵƐŝŶĞƐƐĮƌŵŽƌŶŽŶƉƌŽĮƚ ŽƌŐĂŶŝnjĂƟŽŶƌĞŐĂƌĚŝŶŐƚŚĞƐƵďƐƟƚƵƟŽŶŽĨƉĂƌƟĞƐ͕ĂƐƐŝŐŶŵĞŶƚŽƌƉĞƌĨŽƌŵĂŶĐĞŽĨĞdžƉĞƌŝŵĞŶƚĂů͕ ĚĞǀĞůŽƉŵĞŶƚĂů͕ŽƌƌĞƐĞĂƌĐŚǁŽƌŬƵŶĚĞƌƚŚĂƚ͞ĨƵŶĚŝŶŐĂŐƌĞĞŵĞŶƚ͕͟ƚŚĞƌĞĐŝƉŝĞŶƚŽƌƐƵďƌĞĐŝƉŝĞŶƚ ŵƵƐƚĐŽŵƉůLJǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨϯϳ͘&͘Z͘ΑϰϬϭ͕͞ZŝŐŚƚƐƚŽ/ŶǀĞŶƟŽŶƐDĂĚĞďLJEŽŶƉƌŽĮƚ KƌŐĂŶŝnjĂƟŽŶƐĂŶĚ^ŵĂůůƵƐŝŶĞƐƐ&ŝƌŵƐhŶĚĞƌ'ŽǀĞƌŶŵĞŶƚ'ƌĂŶƚƐ͕ŽŶƚƌĂĐƚƐĂŶĚŽŽƉĞƌĂƟǀĞ ŐƌĞĞŵĞŶƚƐ͕͟ĂŶĚĂŶLJŝŵƉůĞŵĞŶƟŶŐƌĞŐƵůĂƟŽŶƐŝƐƐƵĞĚďLJƚŚĞĂǁĂƌĚŝŶŐĂŐĞŶĐLJ͘^ƵƉƉůŝĞƌ ĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨĂŶĂǁĂƌĚĨŽƌĂůůŐƌĞĞŵĞŶƚƐďLJ^ŽƵƌĐĞǁĞůůƌĞƐƵůƟŶŐĨƌŽŵƚŚŝƐ ƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞƐƐ͕^ƵƉƉůŝĞƌŵƵƐƚĐŽŵƉůLJǁŝƚŚĂƉƉůŝĐĂďůĞƌĞƋƵŝƌĞŵĞŶƚƐĂƐƌĞĨĞƌĞŶĐĞĚĂďŽǀĞ͘ v) >
E/Zd;ϰϮh͘^͘͘ΑϳϰϬϭ-ϳϲϳϭY͘ͿEd,
&
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ZWK>>hd/KE
KEdZK>d;ϯϯh͘^͘͘ΑϭϮϱϭ-1387). ŽŶƚƌĂĐƚƐĂŶĚƐƵďŐƌĂŶƚƐŽĨĂŵŽƵŶƚƐŝŶĞdžĐĞƐƐŽĨ ΨϭϱϬ͕ϬϬϬƌĞƋƵŝƌĞƚŚĞŶŽŶ-ĨĞĚĞƌĂůĂǁĂƌĚƚŽĂŐƌĞĞƚŽĐŽŵƉůLJǁŝƚŚĂůůĂƉƉůŝĐĂďůĞƐƚĂŶĚĂƌĚƐ͕ŽƌĚĞƌƐ ŽƌƌĞŐƵůĂƟŽŶƐŝƐƐƵĞĚƉƵƌƐƵĂŶƚƚŽƚŚĞůĞĂŶŝƌĐƚ;ϰϮh͘^͘͘ΑϳϰϬϭ- ϳϲϳϭƋͿĂŶĚƚŚĞ&ĞĚĞƌĂů tĂƚĞƌWŽůůƵƟŽŶŽŶƚƌŽůĐƚĂƐĂŵĞŶĚĞĚ;ϯϯh͘^͘͘ΑϭϮϱϭ- ϭϯϴϳͿ͘sŝŽůĂƟŽŶƐŵƵƐƚďĞƌĞƉŽƌƚĞĚƚŽ ƚŚĞ&ĞĚĞƌĂůĂǁĂƌĚŝŶŐĂŐĞŶĐLJĂŶĚƚŚĞZĞŐŝŽŶĂůKĸĐĞŽĨƚŚĞ ŶǀŝƌŽŶŵĞŶƚĂůWƌŽƚĞĐƟŽŶŐĞŶĐLJ
;
WͿ͘^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƚǁŝůůĐŽŵƉůLJǁŝƚŚĂƉƉůŝĐĂďůĞ ƌĞƋƵŝƌĞŵĞŶƚƐĂƐƌĞĨĞƌĞŶĐĞĚĂďŽǀĞ͘
vi) DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract ĂǁĂƌĚ;ƐĞĞϮ͘&͘Z͘ΑϭϴϬ͘ϮϮϬͿŵƵƐƚŶŽƚďĞŵĂĚĞƚŽƉĂƌƟĞƐůŝƐƚĞĚŽŶƚŚĞŐŽǀĞƌŶŵĞŶƚǁŝĚĞ ĞdžĐůƵƐŝŽŶƐŝŶƚŚĞ^LJƐƚĞŵĨŽƌǁĂƌĚDĂŶĂŐĞŵĞŶƚ;^DͿ͕ŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞKDŐƵŝĚĞůŝŶĞƐ ĂƚϮ͘&͘Z͘ΑϭϴϬƚŚĂƚŝŵƉůĞŵĞŶƚ
džĞĐƵƟǀĞKƌĚĞƌƐϭϮϱϰϵ;ϯ͘&͘Z͘ΑϭϵϴϲŽŵƉ͕͘Ɖ͘ϭϴϵͿĂŶĚ ϭϮϲϴϵ;ϯ͘&͘Z͘ΑϭϵϴϵŽŵƉ͕͘Ɖ͘ϮϯϱͿ͕͞ĞďĂƌŵĞŶƚĂŶĚ^ƵƐƉĞŶƐŝŽŶ͘͟^D džĐůƵƐŝŽŶƐĐŽŶƚĂŝŶƐ
ƚŚĞŶĂŵĞƐŽĨƉĂƌƟĞƐĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ŽƌŽƚŚĞƌǁŝƐĞĞdžĐůƵĚĞĚďLJĂŐĞŶĐŝĞƐ͕ĂƐǁĞůůĂƐƉĂƌƟĞƐ ĚĞĐůĂƌĞĚŝŶĞůŝŐŝďůĞƵŶĚĞƌƐƚĂƚƵƚŽƌLJŽƌƌĞŐƵůĂƚŽƌLJĂƵƚŚŽƌŝƚLJŽƚŚĞƌƚŚĂŶ džĞĐƵƟǀĞKƌĚĞƌϭϮϱϰϵ͘
^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐĂƌĞƉƌĞƐĞŶƚůLJĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ƉƌŽƉŽƐĞĚ ĨŽƌĚĞďĂƌŵĞŶƚ͕ĚĞĐůĂƌĞĚŝŶĞůŝŐŝďůĞ͕ŽƌǀŽůƵŶƚĂƌŝůLJĞdžĐůƵĚĞĚĨƌŽŵƉĂƌƟĐŝƉĂƟŽŶďLJĂŶLJĨĞĚĞƌĂů department or agency.
vii) BYRD ANTI->Kz/E'D
ED
Ed͕^D
E
;ϯϭh͘^͘͘ΑϭϯϱϮͿ͘ Suppliers must
ĮůĞĂŶLJƌĞƋƵŝƌĞĚĐĞƌƟĮĐĂƟŽŶƐ͘^ƵƉƉůŝĞƌƐŵƵƐƚŶŽƚŚĂǀĞƵƐĞĚĨĞĚĞƌĂůĂƉƉƌŽƉƌŝĂƚĞĚĨƵŶĚƐƚŽƉĂLJ ĂŶLJƉĞƌƐŽŶŽƌŽƌŐĂŶŝnjĂƟŽŶĨŽƌŝŶŇƵĞŶĐŝŶŐŽƌĂƩĞŵƉƟŶŐƚŽŝŶŇƵĞŶĐĞĂŶŽĸĐĞƌŽƌĞŵƉůŽLJĞĞŽĨ ĂŶLJĂŐĞŶĐLJ͕ĂŵĞŵďĞƌŽĨŽŶŐƌĞƐƐ͕ŽĸĐĞƌŽƌĞŵƉůŽLJĞĞŽĨŽŶŐƌĞƐƐ͕ŽƌĂŶĞŵƉůŽLJĞĞŽĨĂ ŵĞŵďĞƌŽĨŽŶŐƌĞƐƐŝŶĐŽŶŶĞĐƟŽŶǁŝƚŚŽďƚĂŝŶŝŶŐĂŶLJĨĞĚĞƌĂůĐŽŶƚƌĂĐƚ͕ŐƌĂŶƚ͕ŽƌĂŶLJŽƚŚĞƌ ĂǁĂƌĚĐŽǀĞƌĞĚďLJϯϭh͘^͘͘ΑϭϯϱϮ͘^ƵƉƉůŝĞƌƐŵƵƐƚĚŝƐĐůŽƐĞĂŶLJůŽďbying with non-ĨĞĚĞƌĂůĨƵŶĚƐ ƚŚĂƚƚĂŬĞƐƉůĂĐĞŝŶĐŽŶŶĞĐƟŽŶǁŝƚŚŽďƚĂŝŶŝŶŐĂŶLJĨĞĚĞƌĂůĂǁĂƌĚ͘^ƵĐŚĚŝƐĐůŽƐƵƌĞƐĂƌĞĨŽƌǁĂƌĚĞĚ ĨƌŽŵƟĞƌƚŽƟĞƌƵƉƚŽƚŚĞŶŽŶ-ĨĞĚĞƌĂůĂǁĂƌĚ͘^ƵƉƉůŝĞƌƐŵƵƐƚĮůĞĂůůĐĞƌƟĮĐĂƟŽŶƐĂŶĚĚŝƐĐůŽƐƵƌĞƐ ƌĞƋƵŝƌĞĚďLJ͕ĂŶĚŽƚŚĞƌǁŝƐĞĐŽŵƉůLJǁŝƚŚ͕ƚŚĞLJƌĚŶƟ->ŽďďLJŝŶŐŵĞŶĚŵĞŶƚ;ϯϭh͘^͘͘ΑϭϯϱϮͿ͘ viii) Z
KZZ
d
Ed/KEZ
Yh/Z
D
Ed^͘To the extent applicable, Supplier must comply
ǁŝƚŚƚŚĞƌĞĐŽƌĚƌĞƚĞŶƟŽŶƌĞƋƵŝƌĞŵĞŶƚƐĚĞƚĂŝůĞĚŝŶϮ͘&͘Z͘ΑϮϬϬ͘ϯϯϯ͘dŚĞ^ƵƉƉůŝĞƌĨƵƌƚŚĞƌ "!
#
169
081325-NAF
v052824 6
ĐĞƌƟĮĞƐƚŚĂƚŝƚǁŝůůƌĞƚĂŝŶĂůůƌĞĐŽƌĚƐĂƐƌĞƋƵŝƌĞĚďLJϮ͘&͘Z͘ΑϮϬϬ͘ϯϯϯĨŽƌĂƉĞƌŝŽĚŽĨϯLJĞĂƌƐĂŌĞƌ ŐƌĂŶƚĞĞƐŽƌƐƵďŐƌĂŶƚĞĞƐƐƵďŵŝƚĮŶĂůĞdžƉĞŶĚŝƚƵƌĞƌĞƉŽƌƚƐŽƌƋƵĂƌƚĞƌůLJŽƌĂŶŶƵĂůĮŶĂŶĐŝĂů ƌĞƉŽƌƚƐ͕ĂƐĂƉƉůŝĐĂďůĞ͕ĂŶĚĂůůŽƚŚĞƌƉĞŶĚŝŶŐŵĂƩĞƌƐĂƌĞĐůosed. ix) ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, ^ƵƉƉůŝĞƌŵƵƐƚĐŽŵƉůLJǁŝƚŚƚŚĞŵĂŶĚĂƚŽƌLJƐƚĂŶĚĂƌĚƐĂŶĚƉŽůŝĐŝĞƐƌĞůĂƟŶŐƚŽĞŶĞƌŐLJĞĸĐŝĞŶĐLJ ǁŚŝĐŚĂƌĞĐŽŶƚĂŝŶĞĚŝŶƚŚĞƐƚĂƚĞĞŶĞƌŐLJĐŽŶƐĞƌǀĂƟŽŶƉůĂŶŝƐƐƵĞĚŝŶĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞ ŶĞƌŐLJ
WŽůŝĐLJĂŶĚŽŶƐĞƌǀĂƟŽŶĐƚ͘
x) BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must ĐŽŵƉůLJǁŝƚŚĂůůĂƉƉůŝĐĂďůĞƉƌŽǀŝƐŝŽŶƐŽĨƚŚĞƵLJŵĞƌŝĐĂŶĐƚ͘WƵƌĐŚĂƐĞƐŵĂĚĞŝŶĂĐĐŽƌĚĂŶĐĞ ǁŝƚŚƚŚĞƵLJŵĞƌŝĐĂŶĐƚŵƵƐƚĨŽůůŽǁƚŚĞĂƉƉůŝĐĂďůĞƉƌŽĐƵƌĞŵĞŶƚƌƵůĞƐĐĂůůŝŶŐĨŽƌĨƌĞĞĂŶĚ ŽƉĞŶĐŽŵƉĞƟƟŽŶ͘
xi)
^^dKZ
KZ^;Ϯ͘&͘Z͘ΑϮϬϬ͘ϯϯϲͿ͘ ^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŚĂƚĚƵůLJĂƵƚŚŽƌŝnjĞĚ ƌĞƉƌĞƐĞŶƚĂƟǀĞƐŽĨĂĨĞĚĞƌĂůĂŐĞŶĐLJŵƵƐƚŚĂǀĞĂĐĐĞƐƐƚŽĂŶLJŬƐ͕ĚŽĐƵŵĞŶƚƐ͕ƉĂƉĞƌƐĂŶĚ ƌĞĐŽƌĚƐŽĨ^ƵƉƉůŝĞƌƚŚĂƚĂƌĞĚŝƌĞĐƚůLJƉĞƌƟŶĞŶƚƚŽ^ƵƉƉůŝĞƌ͛ƐĚŝƐĐŚĂƌŐĞŽĨŝƚƐŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐ ŐƌĞĞŵĞŶƚĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂŬŝŶŐĂƵĚŝƚƐ͕ĞdžĂŵŝŶĂƟŽŶƐ͕ĞdžĐĞƌƉƚƐ͕ĂŶĚƚƌĂŶƐĐƌŝƉƟŽŶƐ͘dŚĞ ƌŝŐŚƚĂůƐŽŝŶĐůƵĚĞƐƟŵĞůLJĂŶĚƌĞĂƐŽŶĂďůĞĂĐĐĞƐƐƚŽ^ƵƉƉůŝĞƌ͛ƐƉĞƌƐŽŶŶĞůĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨ ŝŶƚĞƌǀŝĞǁĂŶĚĚŝƐĐƵƐƐŝŽŶƌĞůĂƟŶŐƚŽƐƵĐŚĚŽĐƵŵĞŶƚƐ͘
xii) WZKhZ
D
EdK&Z
Ks
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ƚŚĂƚŝƐĂƐƚĂƚĞĂŐĞŶĐLJŽƌĂŐĞŶĐLJŽĨĂƉŽůŝƟĐĂůƐƵďĚŝǀŝƐŝŽŶŽĨĂƐƚĂƚĞĂŶĚŝƚƐĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚ ĐŽŵƉůLJǁŝƚŚ^ĞĐƟŽŶϲϬϬϮŽĨƚŚĞ^ŽůŝĚtĂƐƚĞŝƐƉŽƐĂůĐƚ͕ĂƐĂŵĞŶĚĞĚďLJƚŚĞZĞƐŽƵƌĐĞ ŽŶƐĞƌǀĂƟŽŶĂŶĚZĞĐŽǀĞƌLJĐƚ͘dŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨ^ĞĐƟŽŶϲϬϬϮŝŶĐůƵĚĞƉƌŽĐƵƌŝŶŐŽŶůLJŝƚĞŵƐ ĚĞƐŝŐŶĂƚĞĚŝŶŐƵŝĚĞůŝŶĞƐŽĨƚŚĞ
ŶǀŝƌŽŶŵĞŶƚĂůWƌŽƚĞĐƟŽŶŐĞŶĐLJ;
WͿĂƚϰϬ͘&͘Z͘ΑϮϰϳƚŚĂƚ
ĐŽŶƚĂŝŶƚŚĞŚŝŐŚĞƐƚƉĞƌĐĞŶƚĂŐĞŽĨƌĞĐŽǀĞƌĞĚŵĂƚĞƌŝĂůƐƉƌĂĐƟĐĂďůĞ͕ consistent with maintaining a ƐĂƟƐĨĂĐƚŽƌLJůĞǀĞůŽĨĐŽŵƉĞƟƟŽŶ͕ǁŚĞƌĞƚŚĞƉƵƌĐŚĂƐĞƉƌŝĐĞŽĨƚŚĞŝƚĞŵĞdžĐĞĞĚƐΨϭϬ͕ϬϬϬŽƌƚŚĞ ǀĂůƵĞŽĨƚŚĞƋƵĂŶƟƚLJĂĐƋƵŝƌĞĚĚƵƌŝŶŐƚŚĞƉƌĞĐĞĚŝŶŐĮƐĐĂůLJĞĂƌĞdžĐĞĞĚĞĚΨϭϬ͕ϬϬϬ͖ƉƌŽĐƵƌŝŶŐ solid waste management services in a mĂŶŶĞƌƚŚĂƚŵĂdžŝŵŝnjĞƐĞŶĞƌŐLJĂŶĚƌĞƐŽƵƌĐĞƌĞĐŽǀĞƌLJ͖ ĂŶĚĞƐƚĂďůŝƐŚŝŶŐĂŶĂĸƌŵĂƟǀĞƉƌŽĐƵƌĞŵĞŶƚƉƌŽŐƌĂŵĨŽƌƉƌŽĐƵƌĞŵĞŶƚŽĨƌĞĐŽǀĞƌĞĚŵĂƚĞƌŝĂůƐ ŝĚĞŶƟĮĞĚŝŶƚŚĞ
WŐƵŝĚĞůŝŶĞƐ͘
xiii) &
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ƚŽƚŚŝƐŐƌĞĞŵĞŶƚŽƌĂŶLJƉƵƌĐŚĂƐĞďLJĂWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJĂŶĚŝƐŶŽƚƐƵďũĞĐƚƚŽĂŶLJŽďůŝŐĂƟŽŶƐ
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081325-NAF
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xvi) &
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džĂŵƉůĞƐŽĨƌĞůĞǀĂŶƚĚĞďƚŝŶĐůƵĚĞĚĞůŝŶƋƵĞŶƚƉĂLJƌŽůůĂŶĚŽƚŚĞƌƚĂdžĞƐ͕ĂƵĚŝƚ ĚŝƐĂůůŽǁĂŶĐĞ͕ĂŶĚďĞŶĞĮƚŽǀĞƌƉĂLJŵĞŶƚƐ͘
xvii) KE&>/d^K&/Ed
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ŶƟƚLJĂƐƐŽŽŶĂƐƉŽƐƐŝďůĞŝĨƚŚŝƐŐƌĞĞŵĞŶƚŽƌĂŶLJĂƐƉĞĐƚƌĞůĂƚĞĚ ƚŽƚŚĞĂŶƟĐŝƉĂƚĞĚǁŽƌŬƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚƌĂŝƐĞƐĂŶĂĐƚƵĂůŽƌƉŽƚĞŶƟĂůĐŽŶŇŝĐƚŽĨŝŶƚĞƌĞƐƚ(as ĚĞƐĐƌŝďĞĚŝŶϮ͘&͘Z͘WĂƌƚϮϬϬͿ͘dŚĞ^ƵƉƉůŝĞƌŵƵƐƚĞdžƉůĂŝŶƚŚĞĂĐƚƵĂůŽƌƉŽƚĞŶƟĂůĐŽŶŇŝĐƚŝŶ ǁƌŝƟŶŐŝŶƐƵĸĐŝĞŶƚĚĞƚĂŝůƐŽƚŚĂƚƚŚĞh͘^͘KĸĐĞŽĨ'ĞŶĞƌĂů^ĞƌǀŝĐĞƐ͕^ŽƵƌĐĞǁĞůů͕ĂŶĚ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJĂƌĞĂďůĞƚŽĂƐƐĞƐƐƚŚĞĂĐƚƵĂůŽƌƉŽƚĞŶƟĂůĐŽŶŇŝĐƚ͖ĂŶĚƉƌŽǀŝĚĞĂŶLJĂĚĚŝƟŽŶĂů ŝŶĨŽƌŵĂƟŽŶĂƐŶĞĐĞƐƐĂƌLJŽƌƌĞƋƵĞƐƚĞĚ͘
xviii) U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with h͘^͘
džĞĐƵƟǀĞKƌĚĞƌϭϯϮϮϰĂŶĚh͘^͘>ĂǁƐƚŚĂƚƉƌŽŚŝďŝƚƚƌĂŶƐĂĐƟŽŶƐǁŝƚŚĂŶĚƉƌŽǀŝƐŝŽŶŽĨ ƌĞƐŽƵƌĐĞƐĂŶĚƐƵƉƉŽƌƚƚŽŝŶĚŝǀŝĚƵĂůƐĂŶĚŽƌŐĂŶŝnjĂƟŽŶƐĂƐƐŽĐŝĂƚĞĚǁŝƚŚƚĞƌƌŽƌŝƐŵ͘ xix) PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE ^
Zs/
^KZ
Yh/WD
Ed͘ dŽƚŚĞĞdžƚĞŶƚĂƉƉůŝĐĂďůĞ͕^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨ ƚŚŝƐŐƌĞĞŵĞŶƚŝƚǁŝůůĐŽŵƉůLJǁŝƚŚĂƉƉůŝĐĂďůĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨϮ͘&͘Z͘ΑϮϬϬ͘Ϯϭϲ͘ xx) KD
^d/WZ
&
Z
E
^&KZWZKhZ
D
Ed^͘ To the extent applicable, Supplier
ĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌǁŝůůĐŽŵƉůLJǁŝƚŚĂƉƉůŝĐĂďůĞ ƌĞƋƵŝƌĞŵĞŶƚƐŽĨϮ͘&͘Z͘ΑϮϬϬ͘ϯϮϮ͘
ƌƟĐůĞϮ͗
^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌKďůŝŐĂƟŽŶƐ
dŚĞdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϮƌĞůĂƚĞƐƉĞĐŝĮĐĂůůLJƚŽ^ŽƵƌĐĞǁĞůůĂŶĚŝƚƐĂĚŵŝŶŝƐƚƌĂƟŽŶŽĨƚŚŝƐDĂƐƚĞƌ ŐƌĞĞŵĞŶƚǁŝƚŚ^ƵƉƉůŝĞƌĂŶĚ^ƵƉƉůŝĞƌ͛ƐŽďůŝŐĂƟŽŶƐƚŚĞƌĞƵŶĚĞƌ͘ 1) Authorized Sellers͘^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞ^ŽƵƌĐĞǁĞůůĂĐƵƌƌĞŶƚŵĞĂŶƐƚŽǀĂůŝĚĂƚĞŽƌĂƵƚŚĞŶƟĐĂƚĞ ^ƵƉƉůŝĞƌ͛ƐĂƵƚŚŽƌŝnjĞĚĚĞĂůĞƌƐ͕ĚŝƐƚƌŝďƵƚŽƌƐ͕ŽƌƌĞƐĞůůĞƌƐǁŚŝĐŚŵĂLJĐŽŵƉůĞƚĞƚƌĂŶƐĂĐƟŽŶƐŽĨ/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐŽīĞƌĞĚƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘^ŽƵƌĐĞǁĞůůŵĂLJƌĞƋƵĞƐƚƵƉĚĂƚĞĚŝŶĨŽƌŵĂƟŽŶŝŶŝƚƐ ĚŝƐĐƌĞƟŽŶ͕ĂŶĚ^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŽƉƌŽǀŝĚĞƌĞƋƵĞƐƚĞĚŝŶĨŽƌŵĂƟŽŶǁŝƚŚŝŶĂƌĞĂƐŽŶĂďůĞƟŵĞ͘ 2) Product and Price Changes Requirements. ^ƵƉƉůŝĞƌŵĂLJƌĞƋƵĞƐƚ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐchanges, ĂĚĚŝƟŽŶƐ͕ŽƌĚĞůĞƟŽŶƐĂƚĂŶLJƟŵĞ͘ůůƌĞƋƵĞƐƚƐŵƵƐƚďĞŵĂĚĞŝŶǁƌŝƟŶŐďLJƐƵďŵŝƫŶŐĂ^ŽƵƌĐĞǁĞůů WƌŝĐĞĂŶĚWƌŽĚƵĐƚŚĂŶŐĞZĞƋƵĞƐƚ&ŽƌŵƚŽ^ŽƵƌĐĞǁĞůů͘ƚĂŵŝŶŝŵƵŵ͕ƚŚĞƌĞƋƵĞƐƚŵƵƐƚ͗ x /ĚĞŶƟĨLJƚŚĞĂƉƉůŝĐĂďůĞ^ŽƵƌĐĞǁĞůůŐƌĞĞŵĞŶƚŶƵŵďĞƌ͖
x ůĞĂƌůLJƐƉĞĐŝĨLJƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͖
x WƌŽǀŝĚĞƐƵĸĐŝĞŶƚĚĞƚĂŝůƚŽũƵƐƟĨLJƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͖ x /ŶĚŝǀŝĚƵĂůůLJůŝƐƚĂůů/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐĂīĞĐƚĞĚďLJƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͕ĂůŽŶŐǁŝƚŚƚŚĞ ƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ;Ğ͘Ő͕͘ĂĚĚŝƟŽŶ͕ĚĞůĞƟŽŶ͕ƉƌŝĐĞĐŚĂŶŐĞͿ͖ĂŶĚ x /ŶĐůƵĚĞĂĐŽŵƉůĞƚĞƌĞƐƚĂƚĞŵĞŶƚŽĨWƌŝĐŝŶŐ>ŝƐƚǁŝƚŚƚŚĞĞīĞĐƟǀĞĚĂƚĞŽĨƚŚĞŵŽĚŝĮĞĚƉƌŝĐŝŶŐ͕ ŽƌƉƌŽĚƵĐƚĂĚĚŝƟŽŶŽƌĚĞůĞƟŽŶ͘dŚĞŶĞǁƉƌŝĐŝŶŐƌĞƐƚĂƚĞŵĞŶƚŵƵƐƚŝŶĐůƵĚĞĂůů/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐŽīĞƌĞĚ͕ĞǀĞŶĨŽƌƚŚŽƐĞŝƚĞŵƐǁŚĞƌĞƉƌŝĐŝŶŐƌĞŵĂŝŶƐƵŶĐŚĂŶŐĞĚ͘ "!
#
171
081325-NAF
v052824 8
ĨƵůůLJĞdžĞĐƵƚĞĚ^ŽƵƌĐĞǁĞůůWƌŝĐĞĂŶĚWƌŽĚƵĐƚŚĂŶŐĞZĞƋƵĞƐƚ&ŽƌŵǁŝůůďĞĐŽŵĞĂŶĂŵĞŶĚŵĞŶƚƚŽ ƚŚŝƐŐƌĞĞŵĞŶƚĂŶĚǁŝůůďĞŝŶĐŽƌƉŽƌĂƚĞĚďLJƌĞĨĞƌĞŶĐĞ͘
ϯͿ ƵƚŚŽƌŝnjĞĚZĞƉƌĞƐĞŶƚĂƟǀĞ͘ ^ƵƉƉůŝĞƌǁŝůůĂƐƐŝŐŶĂŶƵƚŚŽƌŝnjĞĚZĞƉƌĞƐĞŶƚĂƟǀĞƚŽ^ŽƵƌĐĞǁĞůůĨŽƌƚŚŝƐ ŐƌĞĞŵĞŶƚĂŶĚŵƵƐƚƉƌŽǀŝĚĞƉƌŽŵƉƚŶŽƟĐĞƚŽ^ŽƵƌĐĞǁĞůůŝĨƚŚĂƚƉĞƌƐŽŶŝƐĐŚĂŶŐĞĚ͘dŚĞƵƚŚŽƌŝnjĞĚ ZĞƉƌĞƐĞŶƚĂƟǀĞǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌ͗
x DĂŝŶƚĞŶĂŶĐĞĂŶĚŵĂŶĂŐĞŵĞŶƚŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͖
x dŝŵĞůLJƌĞƐƉŽŶƐĞƚŽĂůů^ŽƵƌĐĞǁĞůůĂŶĚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJŝŶƋƵŝƌŝĞƐ͖ĂŶĚ
x WĂƌƟĐŝƉĂƟŽŶŝŶƌĞǀŝĞǁƐǁŝƚŚ^ŽƵƌĐĞǁĞůů͘
^ŽƵƌĐĞǁĞůůΖƐƵƚŚŽƌŝnjĞĚZĞƉƌĞƐĞŶƚĂƟǀĞŝƐŝƚƐŚŝĞĨWƌŽĐƵƌĞŵĞŶƚKĸĐĞƌ. 4) Performance Reviews. Supplier will ƉĞƌĨŽƌŵĂŵŝŶŝŵƵŵŽĨŽŶĞƌĞǀŝĞǁǁŝƚŚ^ŽƵƌĐĞǁĞůůƉĞƌ ĂŐƌĞĞŵĞŶƚLJĞĂƌ͘dŚĞƌĞǀŝĞǁǁŝůůĐŽǀĞƌƚƌĂŶƐĂĐƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ͕ƉƌŝĐŝŶŐĂŶĚƚĞƌŵƐ͕
ĂĚŵŝŶŝƐƚƌĂƟǀĞĨĞĞƐ͕ƐĂůĞƐĚĂƚĂƌĞƉŽƌƚƐ͕ƉĞƌĨŽƌŵĂŶĐĞŝƐƐƵĞƐ͕ƐƵƉƉůLJ chain issues, customer issues, and ĂŶLJŽƚŚĞƌŶĞĐĞƐƐĂƌLJŝŶĨŽƌŵĂƟŽŶ͘
5) ^ĂůĞƐZĞƉŽƌƟŶŐZĞƋƵŝƌĞĚ͘ ^ƵƉƉůŝĞƌŝƐƌĞƋƵŝƌĞĚĂƐĂŵĂƚĞƌŝĂůĞůĞŵĞŶƚƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚƚŽ ƌĞƉŽƌƚĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐƵƟůŝnjŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘&ĂŝůƵƌĞƚŽ
provide complete and accurate ƌĞƉŽƌƚƐĂƐĚĞĮŶĞĚŚĞƌĞŝŶǁŝůůďĞĂŵĂƚĞƌŝĂůďƌĞĂĐŚŽĨƚŚĞŐƌĞĞŵĞŶƚ ĂŶĚ^ŽƵƌĐĞǁĞůůƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚƚŽƉƵƌƐƵĞĂůůƌĞŵĞĚŝĞƐĂǀĂŝůĂďůĞĂƚůĂǁŝŶĐůƵĚŝŶŐĐĂŶĐĞůůĂƟŽŶŽĨ this Agreement.
6) ZĞƉŽƌƟŶŐZĞƋƵŝƌĞŵĞŶƚƐ͘ ^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞ^ŽƵƌĐĞǁĞůůĂŶĂĐƟǀŝƚLJƌĞƉŽƌƚŽĨĂůůƚƌĂŶƐĂĐƟŽŶƐ ĐŽŵƉůĞƚĞĚƵƟůŝnjŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘ZĞƉŽƌƚƐĂƌĞĚƵĞĂƚůĞĂƐƚŽŶĐĞĞĂĐŚĐĂůĞŶĚĂƌƋƵĂƌƚĞƌ;ZĞƉŽƌƟŶŐ WĞƌŝŽĚͿ͘ZĞƉŽƌƚƐŵƵƐƚďĞƌĞĐĞŝǀĞĚŶŽůĂƚĞƌƚŚĂŶϰϱĐĂůĞŶĚĂƌĚĂLJƐĂŌĞƌƚŚĞĞŶĚŽĨĞĂch calendar ƋƵĂƌƚĞƌ͘^ƵƉƉůŝĞƌŵĂLJƌĞƉŽƌƚŽŶĂŵŽƌĞĨƌĞƋƵĞŶƚďĂƐŝƐŝŶŝƚƐĚŝƐĐƌĞƟŽŶ͘ZĞƉŽƌƚƐŵƵƐƚďĞƉƌŽǀŝĚĞĚ ƌĞŐĂƌĚůĞƐƐŽĨƚŚĞĂŵŽƵŶƚŽĨĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐĚƵƌŝŶŐƚŚĂƚƋƵĂƌƚĞƌ;ŝ͘Ğ͕͘ŝĨƚŚĞƌĞĂƌĞŶŽƐĂůĞƐ͕ Supplier must submit a ƌĞƉŽƌƚŝŶĚŝĐĂƟŶŐŶŽƐĂůĞƐǁĞƌĞŵĂĚĞͿ͘ dŚĞZĞƉŽƌƚŵƵƐƚĐŽŶƚĂŝŶƚŚĞĨŽůůŽǁŝŶŐĮĞůĚƐ͗
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJEĂŵĞ;Ğ͘Ő͕͘ŝƚLJŽĨ^ƚĂƉůĞƐ,ŝŐŚǁĂLJĞƉĂƌƚŵĞŶƚͿ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJWŚLJƐŝĐĂů^ƚƌĞĞƚĚĚƌĞƐƐ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJŝƚLJ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJ^ƚĂƚĞͬWƌŽǀŝŶĐĞ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJŝƉͬWŽƐƚĂůŽĚĞ͖
x ^ŽƵƌĐĞǁĞůůWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJAccount EƵŵďĞƌ͖
x dƌĂŶƐĂĐƟŽŶĞƐĐƌŝƉƟŽŶ͖
x dƌĂŶƐĂĐƟŽŶWƵƌĐŚĂƐĞĚWƌŝĐĞ͖
x ^ŽƵƌĐĞǁĞůůĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƉƉůŝĞĚ͖ĂŶĚ
x ĂƚĞdƌĂŶƐĂĐƟŽŶǁĂƐŝŶǀŽŝĐĞĚͬƐĂůĞǁĂƐƌĞĐŽŐŶŝnjĞĚĂƐƌĞǀĞŶƵĞďLJ^ƵƉƉůŝĞƌ͘ /Ĩcollected by Supplier, ƚŚĞZĞƉŽƌƚŵĂLJŝŶĐůƵĚĞƚŚĞĨŽůůŽǁŝŶŐĮĞůĚƐĂƐĂǀĂŝůĂďůĞ͗ x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJŽŶƚĂĐƚEĂŵĞ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJŽŶƚĂĐƚ
ŵĂŝůĚĚƌĞƐƐ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJŽŶƚĂĐƚdĞůĞƉŚŽŶĞEƵŵďĞƌ͖
"!
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v052824 9
7) ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞ͘ /ŶĐŽŶƐŝĚĞƌĂƟŽŶĨŽƌƚŚĞƐƵƉƉŽƌƚĂŶĚƐĞƌǀŝĐĞƐƉƌŽǀŝĚĞĚďLJ^ŽƵƌĐĞǁĞůů͕^ƵƉƉůŝĞƌ ǁŝůůƉĂLJĂŶĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƚŽ^ŽƵƌĐĞǁĞůůŽŶĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ
ƵƟůŝnjŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌǁŝůůŝŶĐůƵĚĞŝƚƐĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞǁŝƚŚin its proposed pricing. ^ƵƉƉůŝĞƌŵĂLJŶŽƚĚŝƌĞĐƚůLJĐŚĂƌŐĞWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐƚŽŽīƐĞƚƚŚĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞ͘
8) &ĞĞĂůĐƵůĂƟŽŶ͘ ^ƵƉƉůŝĞƌ͛ƐĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƉĂLJĂďůĞƚŽ^ŽƵƌĐĞǁĞůůǁŝůůďĞĐĂůĐƵůĂƚĞĚĂƐĂƐƚĂƚĞĚ ƉĞƌĐĞŶƚĂŐĞ;ůŝƐƚĞĚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůͿŽĨĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐƵƟůŝnjŝŶŐƚŚŝƐDĂƐƚĞƌ ŐƌĞĞŵĞŶƚǁŝƚŚŝŶƚŚĞƉƌĞĐĞĚŝŶŐZĞƉŽƌƟŶŐWĞƌŝŽĚ͘ For certain categories, a ŇĂƚĨĞĞ may be proposed. dŚĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞǁŝůůďĞƐƚĂƚĞĚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂů. 9) &ĞĞZĞŵŝƩĂŶĐĞ͘ ^ƵƉƉůŝĞƌǁŝůůƌĞŵŝƚĨĞĞƚŽ^ŽƵƌĐĞǁĞůůŶŽůĂƚĞƌƚŚĂŶϰϱĐĂůĞŶĚĂƌĚĂLJƐĂŌĞƌƚŚĞĐůŽƐĞ ŽĨƚŚĞƉƌĞĐĞĚŝŶŐĐĂůĞŶĚĂƌƋƵĂƌƚĞƌŝŶĐŽŶũƵŶĐƟŽŶǁŝƚŚ^ƵƉƉůŝĞƌ͛ƐZĞƉŽƌƟŶŐWĞƌŝŽĚŽďůŝŐĂƟŽŶƐ ĚĞĮŶĞĚŚĞƌĞŝŶ͘WĂLJŵĞŶƚƐƐŚŽƵůĚŶŽƚĞƚŚĞ^ƵƉƉůŝĞƌ͛ƐŶĂŵĞĂŶĚ^ŽƵƌĐĞǁĞůů-assigned Agreement ŶƵŵďĞƌŝŶƚŚĞŵĞŵŽ͖ĂŶĚŵƵƐƚďĞĞŝƚŚĞƌŵĂŝůĞĚto Sourcewell ĂďŽǀĞ͞ƩŶ͗ĐĐŽƵŶƚƐZĞĐĞŝǀĂďůĞ͟Žƌ ƌĞŵŝƩĞĚĞůĞĐƚƌŽŶŝĐĂůůLJƚŽ^ŽƵƌĐĞǁĞůů͛ƐďĂŶŬŝŶŐŝŶƐƟƚƵƟŽŶƉĞƌ^ŽƵƌĐĞǁĞůů͛Ɛ&ŝŶĂŶĐĞĚĞƉĂƌƚŵĞŶƚ ŝŶƐƚƌƵĐƟŽŶƐ͘
10) Noncompliance. ^ŽƵƌĐĞǁĞůůƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚƚŽƐĞĞŬĂůůƌĞŵĞĚŝĞƐavailable ĂƚůĂǁĨŽƌƵŶƉĂŝĚŽƌ ƵŶĚĞƌƉĂŝĚĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐĚƵĞƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘&ĂŝůƵƌĞƚŽƌĞŵŝƚƉĂLJŵĞŶƚ͕ĚĞůŝŶƋƵĞŶƚ payments͕ƵŶĚĞƌƉĂLJŵĞŶƚƐ͕ŽƌŽƚŚĞƌĚĞǀŝĂƟŽŶƐĨƌŽŵƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚŝƐŐƌĞĞŵĞŶƚŵĂLJďĞ ĚĞĞŵĞĚĂŵĂƚĞƌŝĂůďƌĞĂĐŚĂŶĚŵĂLJƌĞƐƵůƚŝŶĐĂŶĐĞůůĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚĂŶĚĚŝƐďĂƌŵĞŶƚĨƌŽŵ ĨƵƚƵƌĞŐƌĞĞŵĞŶƚƐ͘
11) Audit Requirements. Pursuant to Minn. Stat. Α ϭϲ͘Ϭϱ͕ƐƵďĚŝǀŝƐŝŽŶϱ͕ƚŚĞŬƐ͕ƌĞĐŽƌĚƐ͕ ĚŽĐƵŵĞŶƚƐ͕ĂŶĚĂĐĐŽƵŶƟŶŐƉƌŽĐĞĚƵƌĞƐĂŶĚƉƌĂĐƟĐĞƐƌĞůĞǀĂŶƚƚŽƚŚŝƐŐƌĞĞŵĞŶƚĂƌĞƐƵďũĞĐƚƚŽ ĞdžĂŵŝŶĂƟŽŶďLJ^ŽƵƌĐĞǁĞůůand ƚŚĞDŝŶŶĞƐŽƚĂ^ƚĂƚĞƵĚŝƚŽƌĨŽƌĂŵŝŶŝŵƵŵŽĨƐŝdžLJĞĂƌƐĨƌŽŵƚŚĞĞŶĚ ŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŽĨƵůůLJĐŽŽƉĞƌĂƚĞǁŝƚŚ^ŽƵƌĐĞǁĞůůŝŶĂƵĚŝƟŶŐƚƌĂŶƐĂĐƟŽŶƐƵŶĚĞƌ ƚŚŝƐŐƌĞĞŵĞŶƚƚŽĞŶƐƵƌĞĐŽŵƉůŝĂŶĐĞǁŝƚŚƉƌŝĐŝŶŐƚĞƌŵƐ͕ĐŽƌƌĞĐƚĐĂůĐƵůĂƟŽŶĂŶĚƌĞŵŝƩĂŶĐĞŽĨ ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͕ĂŶĚǀĞƌŝĮĐĂƟŽŶ ŽĨƚƌĂŶƐĂĐƟŽŶƐĂƐŵĂLJďĞƌĞƋƵĞƐƚĞĚďLJĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJŽƌ
Sourcewell.
12) Assignment, Transfer, and ĚŵŝŶŝƐƚƌĂƟǀĞŚĂŶŐĞƐ͘^ƵƉƉůŝĞƌŵĂLJŶŽƚĂƐƐŝŐŶŽƌŽƚŚĞƌǁŝƐĞƚƌĂŶƐĨĞƌŝƚƐ ƌŝŐŚƚƐŽƌŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŽƵƚƚŚĞƉƌŝŽƌǁƌŝƩĞŶĐŽŶƐĞŶƚŽĨ^ŽƵƌĐĞǁĞůů͘^ƵĐŚ consent will not be unreasonably withheld. Sourcewell reserves the right to unilaterally assign all or ƉŽƌƟŽŶƐŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŝŶŝƚƐƐŽůĞĚŝƐĐƌĞƟŽŶƚŽĂĚĚƌĞƐƐĐŽƌƉŽƌĂƚĞƌĞƐƚƌƵĐƚƵƌŝŶŐƐ͕ŵĞƌŐĞƌƐ͕ ĂĐƋƵŝƐŝƟŽŶƐ͕ŽƌŽƚŚĞƌĐŚĂŶŐĞƐƚŽƚŚĞResponsible Party and named in the Agreement. Any prohibited ĂƐƐŝŐŶŵĞŶƚŝƐŝŶǀĂůŝĚ͘hƉŽŶƌĞƋƵĞƐƚ ^ŽƵƌĐĞǁĞůůŵĂLJŵĂŬĞĂĚŵŝŶŝƐƚƌĂƟǀĞĐŚĂŶŐĞƐƚŽĂŐƌĞĞŵĞŶƚ ĚŽĐƵŵĞŶƚĂƟŽŶƐƵĐŚĂƐŶĂŵĞĐŚĂŶŐĞƐ͕ĂĚĚƌĞƐƐĐŚĂŶŐĞƐ͕ĂŶĚŽƚŚĞƌŶŽŶ-material updates as determined ǁŝƚŚŝŶŝƚƐƐŽůĞĚŝƐĐƌĞƟŽŶ͘
ϭϯͿ Amendments. ŶLJŵĂƚĞƌŝĂůĐŚĂŶŐĞƚŽƚŚŝƐŐƌĞĞŵĞŶƚŵƵƐƚďĞĞdžĞĐƵƚĞĚŝŶǁƌŝƟŶŐƚŚƌŽƵŐŚĂŶ ĂŵĞŶĚŵĞŶƚĂŶĚǁŝůůŶŽƚďĞĞīĞĐƟǀĞƵŶƟůŝƚŚĂƐďĞĞŶĚƵůLJĞdžĞĐƵƚĞĚďLJƚŚĞƉĂƌƟĞƐ. 14) Waiver. Failure by Sourcewell to ĞŶĨŽƌĐĞany right under this Agreement will not be deemed a waiver ŽĨƐƵĐŚƌŝŐŚƚŝŶƚŚĞĞǀĞŶƚŽĨƚŚĞĐŽŶƟŶƵĂƟŽŶŽƌƌĞƉĞƟƟŽŶŽĨƚŚĞĐŝƌĐƵŵƐƚĂŶĐĞƐŐŝǀŝŶŐƌŝƐĞƚŽƐƵĐŚ right.
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15) Complete Agreement. dŚŝƐŐƌĞĞŵĞŶƚƌĞƉƌĞƐĞŶƚƐƚŚĞĐŽŵƉůĞƚĞĂŐƌĞĞŵĞŶƚďĞƚǁĞĞŶƚŚĞƉĂƌƟĞƐ ĨŽƌ ƚŚĞƐĐŽƉĞĂƐĚĞĮŶĞĚŚĞƌĞŝŶ͘^ƵƉƉůŝĞƌĂŶĚ^ŽƵƌĐĞǁĞůůŵĂLJĞŶƚĞƌŝŶƚŽƐĞƉĂƌĂƚĞǁƌŝƩĞŶĂŐƌĞĞŵĞŶƚƐ ƌĞůĂƟŶŐƐƉĞĐŝĮĐĂůůLJƚŽƚƌĂŶƐĂĐƟŽŶƐŽƵƚƐŝĚĞŽĨƚŚĞƐĐŽƉĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘ 16) ZĞůĂƟŽŶƐŚŝƉŽĨ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌ͘ This Agreement does not create a partnership, joint ǀĞŶƚƵƌĞ͕ŽƌĂŶLJŽƚŚĞƌƌĞůĂƟŽŶƐŚŝƉƐƵĐŚĂƐĞŵƉůŽLJĞĞ͕ŝŶĚĞƉĞŶĚĞŶƚĐŽŶƚƌĂĐƚŽƌ͕ŵĂƐƚĞƌ-servant, or principal-agent.
17) /ŶĚĞŵŶŝĮĐĂƟŽŶ͘ ^ƵƉƉůŝĞƌŵƵƐƚŝŶĚĞŵŶŝĨLJ͕ĚĞĨĞŶĚ͕ƐĂǀĞ͕ĂŶĚŚŽůĚ^ŽƵƌĐĞǁĞůů͕ŝŶĐůƵĚŝŶŐƚŚĞŝƌĂŐĞŶƚƐ ĂŶĚĞŵƉůŽLJĞĞƐ͕ŚĂƌŵůĞƐƐĨƌŽŵĂŶLJĐůĂŝŵƐŽƌĐĂƵƐĞƐŽĨĂĐƟŽŶ͕ŝŶĐůƵĚŝŶŐĂƩŽƌŶĞLJƐ͛ĨĞĞƐŝŶĐƵƌƌĞĚďLJ ^ŽƵƌĐĞǁĞůů͕ĂƌŝƐŝŶŐŽƵƚŽĨĂŶLJĂĐƚŽƌŽŵŝƐƐŝŽŶŝŶƚŚĞƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚŝƐ Agreement by the Supplier ŽƌŝƚƐĂŐĞŶƚƐŽƌĞŵƉůŽLJĞĞƐ͖ƚŚŝƐŝŶĚĞŵŶŝĮĐĂƟŽŶŝŶĐůƵĚĞƐŝŶũƵƌLJŽƌĚĞĂƚŚƚŽƉĞƌƐŽŶ;ƐͿŽƌƉƌŽƉĞƌƚLJ ĂůůĞŐĞĚƚŽŚĂǀĞďĞĞŶĐĂƵƐĞĚďLJƐŽŵĞĚĞĨĞĐƚŝŶĚĞƐŝŐŶ͕ĐŽŶĚŝƟŽŶ͕ŽƌƉĞƌĨŽƌŵĂŶĐĞŽĨ/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘^ŽƵƌĐĞǁĞůů͛ƐƌĞƐƉŽŶƐŝďŝůŝƚLJǁŝůůďĞŐŽǀĞƌŶĞĚďLJƚŚĞ^ƚĂƚĞŽĨ DŝŶŶĞƐŽƚĂ͛ƐdŽƌƚ>ŝĂďŝůŝƚLJĐƚ;DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐŚĂƉƚĞƌϰϲϲͿĂŶĚŽƚŚĞƌĂƉƉůŝĐĂďůĞůĂǁ͘ 18) ĂƚĂWƌĂĐƟĐĞƐ͘ ^ƵƉƉůŝĞƌĂŶĚ^ŽƵƌĐĞǁĞůůĂĐŬŶŽǁůĞĚŐĞ^ŽƵƌĐĞǁĞůůŝƐƐƵďũĞĐƚƚŽƚŚĞDŝŶŶĞƐŽƚĂ 'ŽǀĞƌŶŵĞŶƚĂƚĂWƌĂĐƟĐĞƐĐƚ͕DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐŚĂƉƚĞƌϭϯ͘ƐŝƚĂƉƉůŝĞƐƚŽĂůůĚĂƚĂĐƌĞĂƚĞĚĂŶĚ ŵĂŝŶƚĂŝŶĞĚŝŶƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌŵĂLJďĞƐƵďũĞĐƚƚŽƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚŝƐ chapter.
19) Grant of License.
a) During the term of this Agreement:
i) ^ƵƉƉůŝĞƌWƌŽŵŽƟŽŶ͘ Sourcewell grants to Supplier a royalty-ĨƌĞĞ͕ǁŽƌůĚǁŝĚĞ͕ŶŽŶ-exclusive ƌŝŐŚƚĂŶĚůŝĐĞŶƐĞƚŽƵƐĞƚŚĞƚƌĂĚĞŵĂƌŬ;ƐͿƉƌŽǀŝĚĞĚƚŽ^ƵƉƉůŝĞƌďLJ^ŽƵƌĐĞǁĞůůŝŶĂĚǀĞƌƟƐŝŶŐ͕ ƉƌŽŵŽƟŽŶĂůŵĂƚĞƌŝĂůƐ͕ĂŶĚŝŶĨŽƌŵĂƟŽŶĂůƐŝƚĞƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐ^ŽƵƌĐĞǁĞůů͛Ɛ Agreement with Supplier.
ii) ^ŽƵƌĐĞǁĞůůWƌŽŵŽƟŽŶ͘ Supplier grants to Sourcewell a royalty-ĨƌĞĞ͕ǁŽƌůĚǁŝĚĞ͕ŶŽŶĞdžĐůƵƐŝǀĞƌŝŐŚƚĂŶĚůŝĐĞŶƐĞƚŽƵƐĞ^ƵƉƉůŝĞƌ͛ƐƚƌĂĚĞŵĂƌŬƐŝŶĂĚǀĞƌƟƐŝŶŐ͕ƉƌŽŵŽƟŽŶĂů ŵĂƚĞƌŝĂůƐ͕ĂŶĚŝŶĨŽƌŵĂƟŽŶĂůƐŝƚĞƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐ^ƵƉƉůŝĞƌ͛ƐŐƌĞĞŵĞŶƚǁŝƚŚ Sourcewell.
b) Limited Right of Sublicense. dŚĞƌŝŐŚƚĂŶĚůŝĐĞŶƐĞŐƌĂŶƚĞĚŚĞƌĞŝŶŝŶĐůƵĚĞƐĂůŝŵŝƚĞĚƌŝŐŚƚŽĨĞĂĐŚ ƉĂƌƚLJƚŽŐƌĂŶƚƐƵďůŝĐĞŶƐĞƐƚŽƚŚĞŝƌƌĞƐƉĞĐƟǀĞƐƵďƐŝĚŝĂƌŝĞƐ͕ĚŝƐƚƌŝďƵƚŽƌƐ͕ĚĞĂůĞƌƐ͕ƌĞƐĞůůĞƌƐ͕ ŵĂƌŬĞƟŶŐƌĞƉƌĞƐĞŶƚĂƟǀĞƐ͕ƉĂƌƚŶĞƌƐ͕ŽƌĂŐĞŶƚƐ;ĐŽůůĞĐƟǀĞůLJ͞WĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐ͟ͿŝŶ ĂĚǀĞƌƟƐŝŶŐ͕ƉƌŽŵŽƟŽŶĂů͕ŽƌŝŶĨŽƌŵĂƟŽŶĂůŵĂƚĞƌŝĂůƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐƚŚĞWĂƌƟĞƐ͛ ƌĞůĂƟŽŶƐŚŝƉ͘ŶLJƐƵďůŝĐĞŶƐĞŐƌĂŶƚĞĚǁŝůůďĞƐƵďũĞĐƚƚŽƚŚĞƚĞƌŵƐĂŶĚĐŽŶĚŝƟŽŶƐŽĨƚŚŝƐƌƟĐůĞ͘
ĂĐŚƉĂƌƚLJǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌĂŶLJďƌĞĂĐŚŽĨƚŚŝƐƐĞĐƟŽŶ ďLJĂŶLJŽĨƚŚĞŝƌƌĞƐƉĞĐƟǀĞ sublicensees.
c) hƐĞ͖YƵĂůŝƚLJŽŶƚƌŽů͘
i) EĞŝƚŚĞƌƉĂƌƚLJŵĂLJĂůƚĞƌƚŚĞŽƚŚĞƌƉĂƌƚLJ͛ƐƚƌĂĚĞŵĂƌŬƐĨƌŽŵƚŚĞĨŽƌŵƉƌŽǀŝĚĞĚĂŶĚŵƵƐƚ ĐŽŵƉůLJǁŝƚŚƌĞŵŽǀĂůƌĞƋƵĞƐƚƐĂƐƚŽƐƉĞĐŝĮĐƵƐĞƐŽĨŝƚƐƚƌĂĚĞŵĂƌŬƐŽƌůŽŐŽƐ. ii)
ĂĐŚƉĂƌƚLJĂŐƌĞĞƐƚŽƵƐĞ͕ĂŶĚƚŽĐĂƵƐĞŝƚƐWĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐƚŽƵƐĞ͕ƚŚĞŽƚŚĞƌƉĂƌƚLJ͛Ɛ ƚƌĂĚĞŵĂƌŬƐŽŶůLJŝŶŐŽŽĚĨĂŝƚŚĂŶĚŝŶĂĚŝŐŶŝĮĞĚŵĂŶŶĞƌĐŽŶƐŝƐƚĞŶƚǁŝƚŚƐƵĐŚƉĂƌƚLJ͛ƐƵƐĞŽĨ ƚŚĞƚƌĂĚĞŵĂƌŬƐ͘
ĂĐŚƉĂƌƚLJŵĂLJŵĂŬĞǁƌŝƩĞŶŶŽƟĐĞƚŽƚŚĞŽƚŚĞƌƌĞŐĂƌĚŝŶg misuse under "!
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ƚŚŝƐƐĞĐƟŽŶ͘dŚĞŽīĞŶĚŝŶŐƉĂƌƚLJǁŝůůŚĂǀĞϯϬĚĂLJƐŽĨƚŚĞĚĂƚĞŽĨƚŚĞǁƌŝƩĞŶŶŽƟĐĞƚŽĐƵƌĞ ƚŚĞŝƐƐƵĞŽƌƚŚĞůŝĐĞŶƐĞͬƐƵďůŝĐĞŶƐĞǁŝůůďĞƚĞƌŵŝŶĂƚĞĚ͘ d) dĞƌŵŝŶĂƟŽŶ͘ hƉŽŶƚŚĞƚĞƌŵŝŶĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌĂŶLJƌĞĂƐŽŶ͕ĞĂĐŚƉĂƌƚLJ͕ŝŶĐůƵĚŝŶŐ WĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐ͕ǁŝůůŚĂǀĞϯϬĚĂLJƐƚŽƌĞŵŽǀĞĂůůdƌĂĚĞŵĂƌŬƐĨƌŽŵƐŝŐŶĂŐĞ͕ǁĞďƐŝƚĞƐ͕ĂŶĚ ƚŚĞůŝŬĞďĞĂƌŝŶŐƚŚĞŽƚŚĞƌƉĂƌƚLJ͛ƐŶĂŵĞŽƌůŽŐŽ;ĞdžĐĞƉƟŶŐ^ŽƵƌĐĞǁĞůů͛ƐƉƌĞ-printed ĐĂƚĂůŽŐŽĨ ƐƵƉƉůŝĞƌƐǁŚŝĐŚŵĂLJďĞƵƐĞĚƵŶƟůƚŚĞŶĞdžƚƉƌŝŶƟŶŐͿ͘^ƵƉƉůŝĞƌŵƵƐƚƌĞƚƵƌŶĂůůŵĂƌŬĞƟŶŐĂŶĚ ƉƌŽŵŽƟŽŶĂůŵĂƚĞƌŝĂůƐ͕ŝŶĐůƵĚŝŶŐƐŝŐŶĂŐĞ͕ƉƌŽǀŝĚĞĚďLJ^ŽƵƌĐĞǁĞůů͕ŽƌĚŝƐƉŽƐĞŽĨŝƚĂĐĐŽƌĚŝŶŐƚŽ ^ŽƵƌĐĞǁĞůů͛ƐǁƌŝƩĞŶĚŝƌĞĐƟŽŶƐ͘
20) sĞŶƵĞĂŶĚ'ŽǀĞƌŶŝŶŐůĂǁďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌKŶůLJ͘ dŚĞƐƵďƐƚĂŶƟǀĞĂŶĚƉƌŽĐĞĚƵƌĂů ůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂǁŝůůŐŽǀĞƌŶƚŚŝƐŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌ͘sĞŶƵĞ ĨŽƌĂůůůĞŐĂůƉƌŽĐĞĞĚŝŶŐƐĂƌŝƐŝŶŐŽƵƚŽĨƚŚŝƐŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌǁŝůůďĞŝŶ ĐŽƵƌƚŽĨĐŽŵƉĞƚĞŶƚũƵƌŝƐĚŝĐƟŽŶǁŝƚŚŝŶƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ͘dŚŝƐƐĞĐƟŽŶĚŽĞƐŶŽƚĂƉƉůLJƚŽĂŶLJ ĚŝƐƉƵƚĞďĞƚǁĞĞŶ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJ͘dŚŝƐŐƌĞĞŵĞŶƚƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚĨŽƌ^ƵƉƉůŝĞƌĂŶĚ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJƚŽŶĞŐŽƟĂƚĞƚŚŝƐƚĞƌŵƚŽǁŝƚŚŝŶĂŶLJƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐ. 21) ^ĞǀĞƌĂďŝůŝƚLJ͘ /ĨĂŶLJƉƌŽǀŝƐŝŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĨŽƵŶĚďLJĂĐŽƵƌƚŽĨĐŽŵƉĞƚĞŶƚũƵƌŝƐĚŝĐƟŽŶƚŽďĞ ŝůůĞŐĂů͕ƵŶĞŶĨŽƌĐĞĂďůĞ͕ŽƌǀŽŝĚƚŚĞŶďŽƚŚƉĂƌƟĞƐǁŝůůďĞƌĞůŝĞǀĞĚĨƌŽŵĂůůŽďůŝŐĂƟŽŶƐĂƌŝƐŝŶŐĨƌŽŵƚŚĂƚ ƉƌŽǀŝƐŝŽŶ͘/ĨƚŚĞƌĞŵĂŝŶĚĞƌŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĐĂƉĂďůĞŽĨďĞŝŶŐƉĞƌĨŽƌŵĞĚ͕ŝƚǁŝůůŶŽƚďĞĂīĞĐƚĞĚ ďLJƐƵĐŚĚĞƚĞƌŵŝŶĂƟŽŶŽƌĮŶĚŝŶŐĂŶĚŵƵƐƚďĞĨƵůůLJƉĞƌĨŽƌŵĞĚ͘ 22) Insurance Coverage. At its own expense, Supplier must maintain valid insurance policy(ies) during ƚŚĞƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŝŶƐƵƌĂŶĐĞĐŽŵƉĂŶLJ;ŝĞƐͿůŝĐĞŶƐĞĚŽƌĂƵƚŚŽƌŝnjĞĚƚŽĚŽ ďƵƐŝŶĞƐƐŝŶƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂŚĂǀŝŶŐĂŶ͞D
^d͟ƌĂƟŶŐŽĨ- ŽƌďĞƩĞƌ͕ǁŝƚŚĐŽverage and
ůŝŵŝƚƐŽĨŝŶƐƵƌĂŶĐĞŶŽƚůĞƐƐƚŚĂŶƚŚĞĨŽůůŽǁŝŶŐ͗
a) ŽŵŵĞƌĐŝĂů'ĞŶĞƌĂů>ŝĂďŝůŝƚLJ/ŶƐƵƌĂŶĐĞ͘ ^ƵƉƉůŝĞƌǁŝůůŵĂŝŶƚĂŝŶŝŶƐƵƌĂŶĐĞĐŽǀĞƌŝŶŐŝƚƐŽƉĞƌĂƟŽŶƐ͕ with coverage on an occurrence basis, and must be subject to terms no less broad than the /ŶƐƵƌĂŶĐĞ^ĞƌǀŝĐĞƐKĸĐĞ;͞/^K͟ͿŽŵŵĞƌĐŝĂů'ĞŶĞƌĂů>ŝĂďŝůŝƚLJ&Žƌŵ'ϬϬϬϭ;ϮϬϬϭŽƌŶĞǁĞƌ ĞĚŝƟŽŶͿ͕ŽƌĞƋƵŝǀĂůĞŶƚ͘ƚĂŵŝŶŝŵƵŵ͕ĐŽǀĞƌĂŐĞŵƵƐƚŝŶĐůƵĚĞůŝĂďŝůŝƚLJĂƌŝƐŝŶŐĨƌŽŵƉƌĞŵŝƐĞƐ͕ ŽƉĞƌĂƟŽŶƐ͕ďŽĚŝůLJŝŶũƵƌLJĂŶĚƉƌŽƉĞƌƚLJĚĂŵĂŐĞ͕ŝŶĚĞƉĞŶĚĞŶƚĐŽŶƚƌĂĐƚŽƌƐ͕ƉƌŽĚƵĐƚƐ-completed ŽƉĞƌĂƟŽŶƐŝŶĐůƵĚŝŶŐĐŽŶƐƚƌƵĐƟŽŶĚĞĨĞĐƚ͕ĐŽŶƚƌĂĐƚƵĂůůŝĂďŝůŝƚLJ͕ďůĂŶŬĞƚĐŽŶƚƌĂĐƚƵĂůůŝĂďŝůŝƚLJ͕ĂŶĚ ƉĞƌƐŽŶĂůŝŶũƵƌLJĂŶĚĂĚǀĞƌƟƐŝŶŐŝŶũƵƌLJ͘ůůƌĞƋƵŝƌĞĚůŝŵŝƚƐ͕ƚĞƌŵƐĂŶĚĐŽŶĚŝƟŽŶƐŽĨĐŽǀĞƌĂŐĞŵƵƐƚ ďĞŵĂŝŶƚĂŝŶĞĚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐAgreement.
x Ψϭ͕ϱϬϬ͕ϬϬϬĞĂĐŚŽĐĐƵƌƌĞŶĐĞŽĚŝůLJ/ŶũƵƌLJĂŶĚWƌŽƉĞƌƚLJĂŵĂŐĞ x Ψϭ͕ϱϬϬ͕ϬϬϬWĞƌƐŽŶĂůĂŶĚĚǀĞƌƟƐŝŶŐ/ŶũƵƌLJ
x ΨϮ͕ϬϬϬ͕ϬϬϬĂŐŐƌĞŐĂƚĞĨŽƌƉƌŽĚƵĐƚƐůŝĂďŝůŝƚLJ-ĐŽŵƉůĞƚĞĚŽƉĞƌĂƟŽŶƐ x ΨϮ͕ϬϬϬ͕ϬϬϬŐĞŶĞƌĂůĂŐŐƌĞŐĂƚĞ
b) ĞƌƟĮĐĂƚĞƐŽĨ/ŶƐƵƌĂŶĐĞ͘ WƌŝŽƌƚŽĞdžĞĐƵƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌŵƵƐƚĨƵƌŶŝƐŚƚŽ ^ŽƵƌĐĞǁĞůůĂĐĞƌƟĮĐĂƚĞŽĨŝŶƐƵƌĂŶĐĞ͕ĂƐĞǀŝĚĞŶĐĞŽĨƚŚĞŝŶƐƵƌĂŶĐĞƌĞƋƵŝƌĞĚƵŶĚĞƌƚŚŝƐ ŐƌĞĞŵĞŶƚ͘WƌŝŽƌƚŽĞdžƉŝƌĂƟŽŶŽĨƚŚĞƉŽůŝĐLJ;ŝĞƐͿ͕ƌĞŶĞǁĂůĐĞƌƟĮĐĂƚĞƐŵƵƐƚďĞŵĂŝůĞĚƚŽ Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or provided to in an ĂůƚĞƌŶĂƟǀĞŵĂŶŶĞƌĂƐĚŝƌĞĐƚĞĚďLJ^ŽƵƌĐĞǁĞůů͘dŚĞĐĞƌƟĮĐĂƚĞƐŵƵƐƚďĞƐŝŐŶĞĚďLJĂƉĞƌƐŽŶ ĂƵƚŚŽƌŝnjĞĚďLJƚŚĞŝŶƐƵƌĞƌ;ƐͿƚŽďŝŶĚĐŽǀĞƌĂŐĞŽŶƚŚĞŝƌďĞŚĂůĨ͘ &ĂŝůƵƌĞŽĨ^ƵƉƉůŝĞƌƚŽŵĂŝŶƚĂŝŶƚŚĞ ƌĞƋƵŝƌĞĚŝŶƐƵƌĂŶĐĞĂŶĚĚŽĐƵŵĞŶƚĂƟŽŶŵĂLJĐŽŶƐƟƚƵƚĞĂŵĂƚĞƌŝĂůďƌĞĂĐŚ͘ "!
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c) ĚĚŝƟŽŶĂů/ŶƐƵƌĞĚ
ŶĚŽƌƐĞŵĞŶƚĂŶĚWƌŝŵĂƌLJĂŶĚEŽŶ-ĐŽŶƚƌŝďƵƚŽƌLJ/ŶƐƵƌĂŶĐĞůĂƵƐĞ͘ Supplier ĂŐƌĞĞƐƚŽůŝƐƚ^ŽƵƌĐĞǁĞůů͕ŝŶĐůƵĚŝŶŐŝƚƐŽĸĐĞƌƐ͕ĂŐĞŶƚƐ͕ĂŶĚĞŵƉůŽLJĞĞƐ͕ĂƐĂŶĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚ ƵŶĚĞƌƚŚĞ^ƵƉƉůŝĞƌ͛ƐĐŽŵŵĞƌĐŝĂůŐĞŶĞƌĂůůŝĂďŝůŝƚLJŝŶƐƵƌĂŶĐĞƉŽůŝĐLJǁŝƚŚƌĞƐƉĞĐƚƚŽůŝĂďŝůŝƚLJĂƌŝƐŝŶŐ ŽƵƚŽĨĂĐƟǀŝƟĞƐ͕͞ŽƉĞƌĂƟŽŶƐ͕͟Žƌ͞ǁŽƌŬ͟ƉĞƌĨŽƌŵĞĚďLJŽƌŽŶďĞŚĂůĨŽĨ^ƵƉƉůŝĞƌ͕ĂŶĚƉƌŽĚƵĐƚƐ ĂŶĚĐŽŵƉůĞƚĞĚŽƉĞƌĂƟŽŶƐŽĨ^ƵƉƉůŝĞƌ͘dŚĞƉŽůŝĐLJƉƌŽǀŝƐŝŽŶ;ƐͿŽƌĞŶĚŽƌƐĞŵĞŶƚ;ƐͿŵƵƐƚĨƵƌƚŚĞƌ provide that coverage is primary and not excess over or contributory with any other valid, ĂƉƉůŝĐĂďůĞ͕ĂŶĚĐŽůůĞĐƟďůĞŝŶƐƵƌĂŶĐĞŽƌƐĞůĨ-ŝŶƐƵƌĂŶĐĞŝŶĨŽƌĐĞĨŽƌƚŚĞĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚƐ͘ d) tĂŝǀĞƌŽĨ^ƵďƌŽŐĂƟŽŶ͘ ^ƵƉƉůŝĞƌǁĂŝǀĞƐĂŶĚŵƵƐƚƌĞƋƵŝƌĞ;ďLJĞŶĚŽƌƐĞŵĞŶƚŽƌŽƚŚĞƌǁŝƐĞͿĂůůŝƚƐ ŝŶƐƵƌĞƌƐƚŽǁĂŝǀĞƐƵďƌŽŐĂƟŽŶƌŝŐŚƚƐĂŐĂŝŶƐƚ^ŽƵƌĐĞǁĞůůĂŶĚŽƚŚĞƌĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚƐĨŽƌůŽƐƐĞƐ ƉĂŝĚƵŶĚĞƌƚŚĞŝŶƐƵƌĂŶĐĞƉŽůŝĐŝĞƐƌĞƋƵŝƌĞĚďLJƚŚŝƐŐƌĞĞŵĞŶƚŽƌŽƚŚĞƌŝŶƐƵƌĂŶĐĞĂƉƉůŝĐĂble to ƚŚĞ^ƵƉƉůŝĞƌŽƌŝƚƐƐƵďĐŽŶƚƌĂĐƚŽƌƐ͘dŚĞǁĂŝǀĞƌŵƵƐƚĂƉƉůLJƚŽĂůůĚĞĚƵĐƟďůĞƐĂŶĚͬŽƌƐĞůĨ-insured ƌĞƚĞŶƟŽŶƐĂƉƉůŝĐĂďůĞƚŽƚŚĞƌĞƋƵŝƌĞĚŽƌĂŶLJŽƚŚĞƌŝŶƐƵƌĂŶĐĞŵĂŝŶƚĂŝŶĞĚďLJƚŚĞ^ƵƉƉůŝĞƌŽƌŝƚƐ ƐƵďĐŽŶƚƌĂĐƚŽƌƐ͘tŚĞƌĞƉĞƌŵŝƩĞĚďLJůĂǁ͕^ƵƉƉůŝĞƌŵƵƐƚƌĞƋƵŝƌĞƐŝŵŝůĂƌǁƌŝƩĞŶĞdžƉƌĞƐƐǁĂŝǀĞƌƐ ŽĨƐƵďƌŽŐĂƟŽŶĂŶĚŝŶƐƵƌĂŶĐĞĐůĂƵƐĞƐĨƌŽŵĞĂĐŚŽĨŝƚƐƐƵďĐŽŶƚƌĂĐƚŽƌƐ͘ e) hŵďƌĞůůĂͬ
džĐĞƐƐ>ŝĂďŝůŝƚLJͬ^
>&-INSURED RETENTION. dŚĞůŝŵŝƚƐƌĞƋƵŝƌĞĚďLJƚŚŝƐAgreement can ďĞŵĞƚďLJĞŝƚŚĞƌƉƌŽǀŝĚŝŶŐĂƉƌŝŵĂƌLJƉŽůŝĐLJŽƌŝŶĐŽŵďŝŶĂƟŽŶǁŝƚŚƵŵďƌĞůůĂͬĞdžĐĞƐƐůŝĂďŝůŝƚLJ ƉŽůŝĐLJ;ŝĞƐͿ͕ŽƌƐĞůĨ-ŝŶƐƵƌĞĚƌĞƚĞŶƟŽŶ͘
ϮϯͿ dĞƌŵŝŶĂƟŽŶĨŽƌŽŶǀĞŶŝĞŶĐĞ͘ Sourcewell or Supplier may terminate this Agreement upon 60 ĐĂůĞŶĚĂƌĚĂLJƐΖǁƌŝƩĞŶŶŽƟĐĞƚŽƚŚĞŽƚŚĞƌWĂƌƚLJ͘dĞƌŵŝŶĂƟŽŶƉƵƌƐƵĂŶƚƚŽƚŚŝƐƐĞĐƟŽŶǁŝůůŶŽƚƌĞůŝĞǀĞ ƚŚĞ^ƵƉƉůŝĞƌ͛ƐŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌany ƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐƚŚƌŽƵŐŚƚŚĞĚĂƚĞŽĨƚĞƌŵŝŶĂƟŽŶ͕ŝŶĐůƵĚŝŶŐƌĞƉŽƌƟŶŐĂŶĚƉĂLJŵĞŶƚŽĨĂƉƉůŝĐĂďůĞ ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͘
24) dĞƌŵŝŶĂƟŽŶĨŽƌĂƵƐĞ͘ ^ŽƵƌĐĞǁĞůůŵĂLJƚĞƌŵŝŶĂƚĞƚŚŝƐŐƌĞĞŵĞŶƚƵƉŽŶƉƌŽǀŝĚŝŶŐǁƌŝƩĞŶŶŽƟĐĞŽĨ ŵĂƚĞƌŝĂůďƌĞĂĐŚƚŽ^ƵƉƉůŝĞƌ͘EŽƟĐĞŵƵƐƚĚĞƐĐƌŝďĞƚŚĞďƌĞĂĐŚŝŶƌĞĂƐŽŶĂďůĞĚĞƚĂŝůĂŶĚƐƚĂƚĞƚŚĞ ŝŶƚĞŶƚƚŽƚĞƌŵŝŶĂƚĞƚŚĞŐƌĞĞŵĞŶƚ͘hƉŽŶƌĞĐĞŝƉƚŽĨEŽƟĐĞ͕ƚŚĞ^ƵƉƉůŝĞƌǁŝůůŚĂǀĞϯϬĐalendar days ŝŶǁŚŝĐŚŝƚŵƵƐƚĐƵƌĞƚŚĞďƌĞĂĐŚ͘dĞƌŵŝŶĂƟŽŶƉƵƌƐƵĂŶƚƚŽƚŚŝƐƐĞĐƟŽŶǁŝůůŶŽƚƌĞůŝĞǀĞƚŚĞ^ƵƉƉůŝĞƌ͛Ɛ ŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌany ƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐƚŚƌŽƵŐŚƚŚĞ
ĚĂƚĞŽĨƚĞƌŵŝŶĂƟŽŶ͕ŝŶĐůƵĚŝŶŐƌĞƉŽƌƟŶŐĂŶĚƉĂLJŵĞŶƚŽĨĂƉƉůŝĐĂďůĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͘ ƌƟĐůĞϯ͗
^ƵƉƉůŝĞƌKďůŝŐĂƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ
dŚĞdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϯƌĞůĂƚĞƐƉĞĐŝĮĐĂůůLJƚŽ^ƵƉƉůŝĞƌĂŶĚĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJǁŚĞŶĞŶƚĞƌŝŶŐ
ƚƌĂŶƐĂĐƟŽŶƐƵƟůŝnjŝŶŐƚŚĞ'ĞŶĞƌĂůdĞƌŵƐĞƐƚĂďůŝƐŚĞĚŝŶƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚ͘ƌƟĐůĞϭ'ĞŶĞƌĂůdĞƌŵƐ ĐŽŶƚƌŽůŽǀĞƌĂŶLJĐŽŶŇŝĐƚǁŝƚŚƚŚŝƐƌƟĐůĞ ϯ͘tŚĞƌĞƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƐŝůĞŶƚŽŶĂŶLJƐƵďũĞĐƚ͕ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJĂŶĚ^ƵƉƉůŝĞƌƌĞƚĂŝŶƚŚĞĂďŝůŝƚLJƚŽŶĞŐŽƟĂƚĞŵƵƚƵĂůůLJĂĐĐĞƉƚĂďůĞƚĞƌŵƐ. 1) YƵŽƚĞƐƚŽWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ͘ ^ƵƉƉůŝĞƌƐĂƌĞĞŶĐŽƵƌĂŐĞĚƚŽƉƌŽǀŝĚĞĂůůƉƌŝĐŝŶŐŝŶĨŽƌŵĂƟŽŶ ƌĞŐĂƌĚŝŶŐƚŚĞƚŽƚĂůĐŽƐƚŽĨĂĐƋƵŝƐŝƟŽŶǁŚĞŶƋƵŽƟŶŐƚŽĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ͘^ƵƉƉůŝĞƌƐĂŶĚ
WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐĂƌĞĞŶĐŽƵƌĂŐĞĚƚŽŝŶĐůƵĚĞĂůůĐŽƐƚƐƉĞĐŝĮĐĂůůLJĂƐƐŽĐŝĂƚĞĚǁŝƚŚŽƌŝŶĐůƵĚĞĚǁŝthin ƚŚĞ^ƵƉƉůŝĞƌƐƉƌŽƉŽƐĂůĂŶĚ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ ǁŝƚŚŝŶƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐ. 2) ^ŚŝƉƉŝŶŐ͕ĞůŝǀĞƌLJ͕ĐĐĞƉƚĂŶĐĞ͕ZĞũĞĐƟŽŶ͕ĂŶĚtĂƌƌĂŶƚLJ͘ ^ƵƉƉůŝĞƌ͛ƐƉƌŽƉŽƐĂůŵĂLJŝŶĐůƵĚĞƉƌŽƉŽƐĞĚ ƚĞƌŵƐƌĞůĂƟŶŐƚŽƐŚŝƉƉŝŶŐ͕ĚĞůŝǀĞƌLJ͕ŝŶƐƉĞĐƟŽŶ͕ĂŶĚĂĐĐĞƉƚĂŶĐĞͬƌĞũĞĐƟŽŶ and other relevant terms "!
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ŽĨƚĞŶĚĞƌĞĚ^ŽůƵƟŽŶƐ͘^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJŵĂLJŶĞŐŽƟĂƚĞĮŶĂůƚĞƌŵƐĂƉƉƌŽƉƌŝĂƚĞĨŽƌƚŚĞ
ƐƉĞĐŝĮĐƚƌĂŶƐĂĐƟŽŶƌĞůĂƟŶŐƚŽnon-ĂƉƉƌŽƉƌŝĂƟŽŶ͕ƐŚŝƉƉŝŶŐ͕ĚĞůŝǀĞƌLJ͕ŝŶƐƉĞĐƟŽŶ͕ ĂĐĐĞƉƚĂŶĐĞͬƌĞũĞĐƟŽŶŽĨƚĞŶĚĞƌĞĚ ^ŽůƵƟŽŶƐ͕ĂŶĚǁĂƌƌĂŶƚLJĐŽǀĞƌĂŐĞĨŽƌ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ͘^ƵĐŚ ƚĞƌŵƐŵĂLJŝŶĐůƵĚĞ͕ďƵƚĂƌĞŶŽƚůŝŵŝƚĞĚƚŽ͕ĐŽƐƚƐ͕ƌŝƐŬŽĨůŽƐƐ͕ƉƌŽƉĞƌƉĂĐŬĂŐŝŶŐ͕ŝŶƐƉĞĐƟŽŶƌŝŐŚƚƐĂŶĚ ƟŵĞůŝŶĞƐ͕ĂĐĐĞƉƚĂŶĐĞŽƌƌĞũĞĐƟŽŶƉƌŽĐĞĚƵƌĞƐ͕ĂŶĚƌĞŵĞĚŝĞƐĂƐŵƵƚƵĂůůLJĂŐƌĞĞĚŝŶĐůƵĚĞŶŽƟĐĞ ƌĞƋƵŝrements, replacement, return or exchange procedures, and associated costs. ϯͿ Applicable Taxes. WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJŝƐƌĞƐƉŽŶƐŝďůĞĨŽƌŶŽƟĨLJŝŶŐƐƵƉƉůŝĞƌŽĨŝƚƐƚĂdž-exempt status and ĨŽƌƉƌŽǀŝĚŝŶŐ^ƵƉƉůŝĞƌǁŝƚŚĂŶLJǀĂůŝĚƚĂdž-ĞdžĞŵƉƟŽŶĐĞƌƟĮĐĂƟŽŶ;ƐͿŽƌƌĞůĂƚĞĚĚŽĐƵŵĞŶƚĂƟŽŶ͘ 4) KƌĚĞƌŝŶŐWƌŽĐĞƐƐĂŶĚWĂLJŵĞŶƚ͘ ^ƵƉƉůŝĞƌ͛ƐŽƌĚĞƌŝŶŐƉƌŽĐĞƐƐĂŶĚĂĐĐĞƉƚĂďůĞĨŽƌŵƐŽĨƉĂLJŵĞŶƚĂƌĞ ŝŶĐůƵĚĞĚǁŝƚŚŝŶŝƚƐWƌŽƉŽƐĂů͘WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐǁŝůůďĞƐŽůĞůLJƌĞƐƉŽŶƐŝďůĞĨŽƌƉĂLJŵĞŶƚƚŽ^ƵƉƉůŝĞƌ ĂŶĚ^ŽƵƌĐĞǁĞůůǁŝůůŚĂǀĞŶŽůŝĂďŝůŝƚLJĨŽƌĂŶLJƵŶƉĂŝĚŝŶǀŽŝĐĞŽĨĂŶLJWĂƌƟĐŝƉĂƟŶŐ ŶƟƚy.
5) dƌĂŶƐĂĐƟŽŶŽĐƵŵĞŶƚƐ͘ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJŵĂLJƌĞƋƵŝƌĞƚŚĞƵƐĞŽĨŝƚƐŽǁŶĨŽƌŵƐƚŽĐŽŵƉůĞƚĞ
ƚƌĂŶƐĂĐƟŽŶƐĚŝƌĞĐƚůLJǁŝƚŚ^ƵƉƉůŝĞƌƵƟůŝnjŝŶŐƚŚĞƚĞƌŵƐĞƐƚĂďůŝƐŚĞĚŝŶƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌ͛Ɛ ƐƚĂŶĚĂƌĚĨŽƌŵĂŐƌĞĞŵĞŶƚƐŵĂLJďĞŽīĞƌĞĚĂƐƉĂƌƚŽĨŝƚƐWƌŽƉŽƐĂů͘^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJ
ŵĂLJĐŽŵƉůĞƚĞĂŶĚĚŽĐƵŵĞŶƚƚƌĂŶƐĂĐƟŽŶƐƵƟůŝnjŝŶŐĂŶLJƚLJƉĞŽĨƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐĂƐŵƵƚƵĂůůLJ ĂŐƌĞĞĚ͘/ŶĂŶLJƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚĞŶƚĞƌĞĚƵƟůŝnjŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJŵƵƐƚŝŶĐůƵĚĞƐƉĞĐŝĮĐƌĞĨĞƌĞŶĐĞƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚďLJŶƵŵďĞƌĂŶĚƚŽWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚLJ͛ƐƵŶŝƋƵĞ^ŽƵƌĐĞǁĞůůaccount number.
6) ĚĚŝƟŽŶĂůdĞƌŵƐĂŶĚŽŶĚŝƟŽŶƐ WĞƌŵŝƩĞĚ. WĂƌƟĐŝƉĂƟŶŐ ŶƟƚLJĂŶĚ^ƵƉƉůŝĞƌŵĂLJŶĞŐŽƟĂƚĞĂŶĚ
ŝŶĐůƵĚĞĂĚĚŝƟŽŶĂůƚĞƌŵƐĂŶĚĐŽŶĚŝƟŽŶƐǁŝƚŚŝŶƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚĂƟŽŶĂƐŵƵƚƵĂůůLJĂŐƌĞĞĚ͘^ƵĐŚ terms may supplant or supersede this Master Agreement when necessary and as solely determined ďLJWĂƌƟĐŝƉĂƟŶŐ
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202
City of South Lake Tahoe
Agenda Item Executive Summary
Hilary Roverud, Interim City Manager
__________________________________
Meeting Date: June 2, 2026
Agenda Item #:5
Agenda Item: California Department of Justice, Office of the Attorney General Tobacco Grant Application Authorization
Executive Summary: With the recent council directions to staff regarding their concern over tobacco sales in our community, Police Department staff would like to apply for funding through CA DOJ for tobacco sale enforcement. The tobacco grant will fund operational costs for several activities applicable to our community in order to ensure retailer compliance with state law and local ordinances.
Requested Action / Suggested Motions: Pass a Resolution authorizing the Chief of Police to submit the Tobacco Grant Program application to the California Department of Justice, Office of the Attorney General, in an amount up to $60,000, to fund activities related to compliance and enforcement of tobacco retail sales in South Lake Tahoe.
Responsible Staff Member: Lt. Scott Crivelli
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report Tobacco Grant Application Authorization.docx 02-Resolution_Tobacco_Grant_Application.docx
203
Council Agenda Report – June 2, 2026 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: June 2, 2026
Title: Tobacco Grant Program Application Authorization for an amount up to $60,000 Location: Police Department
Responsible Staff Member: Lt. Scott Crivelli, (530) 542-6130 Background: On May 5, 2026, Councilmember Horgan (seconded by Councilmember Robbins) requested an agenda item to consider an ordinance to regulate tobacco retail businesses including buffer zones from sensitive uses such as schools and enforcement of underage purchases. The California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Proposition 56) funding helps promote a healthier California by reducing illegal retail sales and marketing of cigarettes and tobacco products, including e-cigarettes, to minors. The Tobacco Grant Program, administered by the Office of the Attorney General, makes these annual funds available to local law enforcement agencies throughout California.
Issue and Discussion: The City of South Lake Tahoe used to be a recipient of tobacco grant funding, which at one point funded a second SRO at the middle school. CA DOJ then changed its regulations and specifically banned tobacco grant monies to be used to fund an SRO.
With the recent council directions to staff regarding their concern over tobacco sales in our community, PD staff would like to apply for funding through CA DOJ for tobacco sale enforcement. The tobacco grant will fund operational costs for several activities applicable to our community to include:
- Enforce state tobacco laws and local tobacco ordinances - Consumer protection enforcement
- Compliance checks and inspections of tobacco retailers (including minor decoy operations, shoulder tap operations, and undercover buys).
- Retailer education
- Education for enforcement officers regarding state tobacco laws and local ordinances.
The tobacco grant is a reimbursement grant. CA DOJ will reimburse the selected agencies for approved expenditures upon receipt of invoices, quarterly progress reports and other enforcement data required.
The selected public agencies will be funded for 24 or 36 months. Projects (enforcement efforts) must start between November 1, 2026, and July 1, 2027, and terminate on or before June 30, 2030. With the authorization from Council, staff will be applying to the CA DOJ to fund operations related to the sales of tobacco and related products in the community. The grant application period is open until June 19, 2026. If awarded funding through the grant, staff will return to Council for acceptance of the grant funding.
204
Council Agenda Report – June 2, 2026 Page 2 of 2
Financial Implications: There is no fiscal impact associated with this agenda item. No matching funds are required for this grant program. This action only authorizes staff to apply for the Tobacco Grant.
Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).
Policy Implications: The operations allowed to be funded by the tobacco grant supports the City of South Lake Tahoe’s Strategic Plan “5.1 – Public Safety”.
205
Resolution 2026-XXXX June 2, 2026 Page 1 of 2
Resolution 2026- XXX
Adopted by the City of South Lake Tahoe
City Council
June 2, 2026
Authorizing a Tobacco Grant Program Application in an Amount up to $60,000 to Fund Activities Related to Compliance and Enforcement of Tobacco Retail Sales in South Lake Tahoe
BACKGROUND
A. The California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Proposition 56) collects tax revenue from tobacco sales.
B. CA DOJ makes funding available for public agencies to conduct activities related to compliance and enforcement of state tobacco laws and local ordinances.
C. The deadline for application is June 19, 2026.
D. If awarded the grant, staff will return to Council to accept funding from the CA DOJ, Office of the Attorney General.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Approves and Authorizes the Police Department’s application for grant funding through California Department of Justice, Office of the Attorney General in an amount up to $60,000 for funding operations and education related to retail tobacco sales in South Lake Tahoe.
Adopted by the City of South Lake Tahoe City Council on June 2, 2026 by the following vote:
Yes:
No:
Absent:
Abstain
206
Resolution 2026-XXXX June 2, 2026 Page 2 of 2
Cody Bass, Mayor
Attest:
Date:
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.
207
City of South Lake Tahoe
Agenda Item Executive Summary
Hilary Roverud, Interim City Manager
__________________________________
Meeting Date: June 2, 2026
Agenda Item #:6
Agenda Item: Amendment to Agreement with Wildscape Engineering, Inc.
Executive Summary: The Upper Bijou Park Creek Watershed Restoration Project contains several subprojects within the Bijou Park Creek watershed. It became apparent to staff in the spring of 2025 that the original Wildscape contract (attachment 3) that includes up to three sets of construction documents would not be sufficient to deliver all subprojects with the current available funding to construct these projects. To accommodate each of the projects being delivered as standalone projects, the consultant’s scope and compensation needed to be adjusted accordingly. Wildscape prepared a proposal for preparation of final bid documents, permits, and associated construction support and monitoring services for the remaining projects (attachment 6). This was partially funded at FY25-26 annual budget and the contract was amended on November 4, 2025. As part of the FY25-26 mid-year budget adjustments, the remaining funding needed was allocated to the project. This agenda item updates the contract to reflect the additional funding.
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No. 6 to the Professional Services Agreement with Wildscape Engineering, Inc. for the remaining work described but not previously compensated in Amendment No. 5, for the amount of $194,414.30, and for a total not-to-exceed contract amount of $899,672.81.
Responsible Staff Member: Brianna Greenlaw, Senior Civil Engineer Reviewed and Approved By: Mohammad Qureshi, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report-Amendment 6 Wildscape.docx
02-Project_Location_Map.pdf
03-Wildscape PSA C-106-2021.pdf
04-AmendmentsNo.1-5.pdf
05-Amendment No.6 with Wildscape.doc
06-Exhibit to Amendment 6.pdf
208
Council Agenda Report June 2, 2026 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: June 2, 2026
Title: Amendment 6 to Agreement with Wildscape Engineering, Inc. for Final Bid Documents, Permits, and Construction Support Services for the Upper Bijou Park Creek Watershed Restoration Project
Location: Bijou Park Creek Watershed
Responsible Staff Member: Brianna Greenlaw, Senior Civil Engineer Background: The Upper Bijou Park Creek Watershed Restoration Project is a watershedscale project seeking to address water quality and flooding issues in a phased approach to provide treatment for urban runoff from roadways, commercial and residential areas in an approximately 850-acre watershed that discharges to Lake Tahoe via the Ski Run Marina. The City is currently focused on the large upper watershed area subject to historic flooding, development impacts in stream environment zones (SEZ), and water quality issues. The upper watershed project includes plans to restore SEZ and floodplain areas, provide drainage solutions to support future active transportation improvements, and include distributed natural treatment systems to reduce sediment and nutrient loads in urban runoff that have the potential to impact Lake Tahoe.
On September 7, 2021, the City Council approved a contract with Wildscape Engineering, Inc. (Wildscape) for professional services to complete the environmental document, plans, specifications, and estimates and property acquisition services for this project for a not to exceed the amount of $460,906.69, plus $7,500 in contingency budget. (See attachment 3 for original Agreement.) On March 14, 2023, June 18, 2024, January 14, 2025, and November 4, 2025, the City Council passed motions authorizing Amendment 1, 2, 3, and 5 to the professional services agreement with Wildscape for additional services related to the project. Amendment 4 was a time extension only of the original contract. Amendments are included in attachment 4.
The Upper Bijou Park Creek Watershed Restoration Project contains nine different subprojects within the Bijou Park Creek watershed: Rockwood to Blackwood Drainage Improvements, SEZ Enhancement, Tamarack Culvert (Part of SEZ Enhancement), Shirley to Whole Foods, Bijou School Frontage Drainage Improvements, Aloha Basin, Needle Peak Localized Treatment, Ski Run Diversion, Osgood Basin Expansion, and Pioneer Crossing.
During the 2025 construction season, the Rockwood to Blackwood Drainage Improvements and Aloha Basin projects were constructed. During the 2026 construction season, it is anticipated that the United States Forest Service (USFS) will construct the SEZ Enhancements Project and the City will fund and construct the corresponding Tamarack Culvert project as a match to the grant the USFS received. On May 5, 2026, City Council approved the grant award from the Lake Tahoe Restoration Act for the construction of the Needle Peak Localized Treatment 209
Council Agenda Report June 2, 2026 Page 2 of 3
Project. It is anticipated that this project will be constructed in the 2027 construction season. It is anticipated that the Pioneer Crossing design will be included with the Dennis Machida Phase 1C Project rather than with the Upper Bijou Park Creek Watershed Restoration Project. Since this is a time and materials, not to exceed contract, if this project is removed from the Upper Bijou Park Creek Watershed Restoration Project, time will not be billed.
It became apparent to staff in the spring of 2025 that the original Wildscape contract (attachment 3) that includes up to three sets of construction documents would not be sufficient to deliver all subprojects that are part of the overall watershed project with the available funding to construct these projects. The original contract assumed that all subprojects would be grouped into three sets of construction projects that installed improvements in various areas of the watershed.
Each of the subprojects will be bid out and constructed as standalone projects when funding is obtained for them. To accommodate each of the projects being delivered as standalone projects, the consultant’s scope and compensation need to be adjusted accordingly. Wildscape prepared a proposal for preparation of final bid documents, permits, and associated construction support services for the remaining projects (attachment 6). Additionally, there is a need for Wildscape to provide stormwater monitoring services for the Stormwater Pollution Prevention Plans (SWPPPs) required by the Lahontan Regional Water Quality Control Board for both the Rockwood to Blackwood Drainage Improvements Project and the Aloha Basin Project.
The total cost for the additional services is proposed to be $344,414.30 as reflected in attachment 6. During the Capital Improvements Project (CIP) Presentation on June 3, 2025, it was noted that approximately $350,000 would be needed to finish design and associated tasks for the overall watershed project. During annual budget for FY25-26, $150,000 was allocated to the Project and on November 4, 2025, City Council approved Amendment 5 to Wildscape’s contract that added $150,000 of the needed $344,414.30. This allowed the consultant to complete over the winter stormwater monitoring of the Rockwood to Blackwood Drainage Improvements Project and Aloha Basin Project, and finish design and permitting for a portion of the remaining projects. In the staff report for Amendment 5, it was noted that staff would return at a later date to amend Wildscape’s contract for the remaining amount needed when available.
Issue and Discussion:
During mid-year budget for FY25-26, the remaining funding deficit ($194,414) was allocated to the Upper Bijou Park Creek Watershed Restoration Project. Amending Wildscape’s contract to include the mid-year budget allocation will result in a total not-to-exceed contract amount of $899,672.81. See attachment 5 for Amendment 6 to the Agreement. This will allow for completing independent construction documents for each of the remaining subprojects so they can be bid out and constructed when funding is obtained.
Financial Implications: During the FY 25-26 annual budget, $150,000 in general funds were allocated to the Upper Bijou Park Creek Watershed Restoration Project for design. During midyear FY-25-26 budget adjustments, the additional $194,414 needed to finalize the overall watershed Project was allocated.
Environmental Considerations: After completing all public noticing and review period required by relevant state laws, the Planning Commission adopted the CEQA Initial Study/Mitigated Negative Declaration for the Project on November 19, 2020 (SCH # 202090564).
Addendum No. 1 was completed April 23, 2024, to document minor changes for staging and access, and other minor adjustments to the footprint of the channel improvements and drainage 210
Council Agenda Report June 2, 2026 Page 3 of 3
designs. On May 16, 2024, the Planning Commission adopted an addendum to the CEQA Initial Study/Mitigated Negative Declaration for the Project.
Policy Implications: Completing project improvements will assist with advancing the City Council Strategic Priority, Protect the Natural Environment, by meeting the sediment and nutrient reductions mandated by the Lake Tahoe Total Maximum Daily Load (TMDL) program.
Fulfilling mandated TMDL reduction goals will assist with maximizing residential housing allocations under TRPA Code section 50.5.2.E.2 (Distribution and Administration of Residential Allocations – TMDL Implementation).
211
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L a k e T a h o e
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Legend
Watersheds
Storm Drain Channels
Storm Drainage Pipe
Basins
Public Land
OWNERSHIP
CALIFORNIATAHOE CONSERVANCY/STATE OF CA
CALTRANS
CITY OF SOUTH LAKE TAHOE
COUNTY OF EL DORADO
LAKE TAHOE COMMUNITY COLLEGE
LAKE TAHOE UNIFIED SCHOOL DIST
LAKE VALLEY FIRE PROT DIST
SLT SUCCESSOR AGENCY
SOUTH TAHOE REFUSE CO
STPUD
TAHOE RESOURCE CONSERVATION
UNITED STATES OF AMERICA
Bijou
Park
Creek
Bijou
Creek
Document Path: J:\PWCS 2016\16-30140051_Upper Bijou Park Creek Restoration\26_RFP\2019_Planning_Design\(01)RFP Files\BasemapPortrait 03062017.mxd S
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Eric
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City of South Lake Tahoe 3/15/2019
212
including Tamarack Culvert
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Creek Watershed Restoration Project)
213
CITY OF SOUTH LAKE TAHOE
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 7th day of September 2021 by and between the City of South Lake Tahoe, a municipal corporation (“ City”) and Wildscape Engineering, Inc.(“ Consultant”).
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement. Consultant shall have no power or authority by this Agreement to bind City in any respect.
The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Bijou Park Creek Watershed Restoration Project Phase 2 Engineering Services Scope,” 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.
C-106-2021
DocuSign Envelope ID: 6451047F- FB10-4621-BF31-20B4B8FA8E05 214
2. Term/ Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for four years.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’ s compensation, including travel and out-of-pocket expenses, exceed 460,906.69 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’ s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, “ Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.
6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days ( 30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.
Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.
C-106-2021
DocuSign Envelope ID: 6451047F- FB10-4621-BF31-20B4B8FA8E05 215
7. Ownership of Documents.
All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant’ s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.
8. Consultant’ s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three ( 3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three ( 3) years, or for any longer period required by law, from records shall be available at Consultant’ s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’ s business, City may, by written request by C-106-2021
DocuSign Envelope ID: 6451047F- FB10-4621-BF31-20B4B8FA8E05 216
any of the above- named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’ s representatives, or Consultant’ s successor- in-interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.
Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’ s employees, and Consultant hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors or subcontractors hired or retained by Consultant are employees, agents, contractors or subcontractors of Consultant and not of the City.
City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’ s assigned personnel. Any third party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer- employee relationship exists by reason of this Contract.
10. Interest of Consultant. Consultant, ( and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’ s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/ her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
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b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [ FPPC Reg. 18700( a)(2)].
11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’ s field of expertise.
12. Compliance with Laws. Consultant shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in carrying out his/ her duties under this Agreement. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section.
In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by law.
13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.
14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect ( including any and all C-106-2021
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costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’ s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.
Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’ s negligent acts, errors, omissions, regarding this Agreement, the Consultant’ s work under this Agreement, or the consultant’ s Scope of Work.
City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.
This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses and causes of action of whatsoever arising out of or in any way connected with this Agreement, and consultant’ s work under this Agreement.
15. Insurance Requirements.
a. Consultant, at Consultant’ s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’ s Liability Insurance for his/ her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’ s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’ s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty ( 30) days prior to such change. Consultant shall provide thirty ( 30) days written notice of nonrenewal of any C-106-2021
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Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($ 1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims- Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($ 1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($ 1,000,000) on a claims- made annual aggregate basis, or a combined single- limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’ s rating of no less than A:VII and shall be endorsed with the following specific language:
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i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’ s under Consultant’ s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/ or work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’ s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty ( 30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’ s insurance policies.
The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the 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 C-106-2021
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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:
Provide a copy to:
17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
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 C-106-2021
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the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure § 1094. 5, and as provided by law.
20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.
21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant’ s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’ s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
23. Drug- Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the 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).
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b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355( b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’ s or organization’ s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355( c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’ s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’ s statement as a condition of employment on this Agreement.
Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant 1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.
25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, 42 U.S.C. 12101, et. seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.
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Joe Irvin
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Date ________________________________
Date ________________________________
APPROVED AS TO FORM:
By____________________________
City Attorney
ATTEST:
By______________________________
Susan Blankenship, City Clerk
Attachments:
Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
Heather Stroud
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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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EXHIBIT A
SCOPE OF SERVICES
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Prepared for
Public Works Department
City of South Lake Tahoe
1052 Tata Lane
South Lake Tahoe, CA
96150
Submitted by
Wildscape Engineering Inc.
South Lake Tahoe, CA
August 20, 2021
Bijou Park Creek Watershed Restoration Project
Phase 2 Engineering Services Scope
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Civil and Restoration Design Services
www.wildscape- engineering. com
530) 600-1810
August 20, 2021
Jason Burke
Project Manager
City of South Lake Tahoe
1052 Tata Lane
South Lake Tahoe, CA 96150
Re: Phase 2 Scope for Final Engineering Design, Planning and Permitting Services for the Bijou Park Creek Watershed Restoration Project
Dear Mr. Burke,
Respectfully submitted is our updated Final Engineering Design and Planning Services Scope for the second phase of the Bijou Park Creek Watershed Restoration Project. Wildscape Engineering, Inc. is pleased and excited to continue to provide professional engineering and related services to develop and advance the stormwater collection, conveyance, and treatment improvements for the Bijou Park Creek Watershed to final construction documents and permits.
Please contact me if you have questions or need additional information. Our entire team looks forward to continuing on this important project.
Sincerely,
Carol Beahan, PE, QSD, President
[email protected]
530) 600-1810 / ( 415) 517-1375 cell
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Civil and Restoration Design Services
www.wildscape- engineering. com
530) 600-1810
i
CONTENTS
I. Introduction ........................................................................................................................................... 1 II. Scope of Work Understanding .............................................................................................................. 1 Overview ................................................................................................................................................... 1 Project Work Tasks and Approach ............................................................................................................ 1 TASK 1. Project Management, Outreach, Public Meetings, and Coordination ................................. 2 TASK 2. Site Surveying .................................................................................................................... 2 TASK 3. Hydrologic and Hydraulic Analysis ..................................................................................... 3 TASK 4. Environmental documents ................................................................................................. 4 TASK 5. License Agreements and special use permits .................................................................... 6 TASK 6. Permitting .......................................................................................................................... 9 TASK 7. 60% Design level ps&e documents ................................................................................. 10 TASK 8. 90% PS&E ....................................................................................................................... 12 TASK 9. 100% Bid documents ....................................................................................................... 12 TASK 10. Bid Assistance ................................................................................................................. 13 TASK 11. Construction engineering (CE) ......................................................................................... 13 C-106-2021
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Civil and Restoration Design Services
www.wildscape- engineering. com
530) 600-1810
1 I. INTRODUCTION
We are pleased to provide this update to the Phase 2 scope and costs for the continuation of the Bijou Park Creek Restoration Project ( Project) for the City of South Lake Tahoe. Wildscape Engineering Inc.
Wildscape Engineering) will proceed with the same team of design and environmental experts that were originally contracted for both Phase 1 and Phase 2. Together with our sub-consultants, Northwest Hydraulic Consultants ( NHC), Nevada Tahoe Conservation District (NTCD), Catalyst Environmental Solutions Corporation (Catalyst), Insite Land Surveys, Western Botanical Services, Interwest Consulting Group, and Lynn Barnett & Associates we have decades of experience and several implemented projects in the Tahoe Region, including direct experience in the Bijou Park Creek watershed from the Heavenly Ski Resort headwaters to the lower urbanized drainages. We are cognizant of the need to design facilities that will be reliable over the long term and easy to access and maintain. We also recognize the threat of unintended consequences, such as raising water tables in locations where drainage problems do not currently exist.
II. SCOPE OF WORK UNDERSTANDING
OVERVIEW
The 850-acre Bijou Park Creek watershed represents a highly altered watershed due to the diversion of the headwaters of Keller Canyon at Heavenly Valley Ski Resort into it. The artificial expansion of the watershed has greatly increased peak flows, which directly leads to flooding problems in the lower watershed, particularly in the vicinity of Bill and Shirley Avenues. Early development of the low-lying properties in or adjacent to SEZs such as along Blackwood Avenue and in the vicinity of Woodbine have only exacerbated the problems. Phase 1 aimed for water quality improvements and flood alleviation via various means and locations listed here and carried through 30% designs and CEQA document. The Project Team will continue to refine the designs through 60, 90 and 100 percent detail, complete the appropriate NEPA environmental document and special studies, and be open and flexible to change as new information and priorities emerge. 30% Project List
Needle Peak Localized Treatment
Shirley to Whole Foods
Osgood Expansion
Ski Run Blvd Diversion
Pioneer Crossing Culvert
Bijou Park Creek SEZ Enhancement
Upper Bijou Park Creek
Keller Canyon Bypass
Bijou School Frontage Drainage
Improvements
Rockwood to Blackwood Drainage
Improvements
Aloha Basin
PROJECT WORK TASKS AND APPROACH
The following Project Work Tasks are a composite of those listed in the RFP #02-01-2019 altered to reflect the later phases of design and with modifications to better inform and guide stakeholders, develop a legallydefensible NEPA document, acquire the necessary land use permissions, and develop fully executable and sound plans, specifications, and cost estimates for 65, 90, and 100% designs.
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Civil and Restoration Design Services
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2 TASK 1. PROJECT MANAGEMENT, OUTREACH, PUBLIC MEETINGS, AND COORDINATION
1.1 TAC, Public, and Client Meeting Continued Coordination and Participation, Project Management
The Project Manager will coordinate directly with the City of South Lake Tahoe (City) Project Manager and the design team members to schedule, prepare for, and facilitate all design team meetings, property owners’ meetings, public meetings, and Technical Advisory Committee ( TAC) meetings. We will prepare all draft meeting agendas, presentations, public outreach materials (meeting letters & notices), sign-in sheets, plan sheets, materials samples, etc. for the City’s review prior to finalizing and displaying/sharing in the various meeting forums.
This task includes time to coordinate with concurrent project efforts in the vicinity of Bijou Park Creek including the California Tahoe Conservancy’ s Greenway Project, Southwest Gas and South Tahoe Public Utility District utility line upgrades and the Pioneer Trail Pedestrian Improvement Project.
This task includes time to prepare for and participate in 60% and 90% Design Review Meetings with City staff and TAC members. Under this task, we will produce high quality exhibits to help portray the design development information, amenity features, and planning stages to the attendees at the various meetings stated above.
1.2 Phase 2 Kick Off Meeting
We propose as part of Task 1 to conduct a Phase 2 Kick Off meeting in the field with the City and Design Team to review existing conditions, 30% designs, and proposed design changes. This meeting will specifically discuss evaluating the capacity and inner workings of the Wildwood Basin and Overflow to accommodate potential changes to the location of Keller Bypass.
1.3 Planning Commission and City Council Meetings
There is a critical need to keep both the Planning Commission and City Council appraised of milestones, accomplishments, and deliverables. The regularly scheduled meetings of these bodies provide an opportunity to solicit feedback from both the council and commission members as well as the general public in short workshop-type agenda items. Our Project Manager will lay out and reach agreement with the City Project Manager the key design deliverables that should be presented in this way to these committees to streamline the Major Design Review process and Catalyst and key team members will present to the City Planning Commission and City Council the NEPA documents for discussion and adoption.
TASK 2. SITE SURVEYING
Some supplemental surveying of existing stormdrain infrastructure is required to refine the 30% designs moving into 60% detail and evaluate proposed changes. For example, inlet elevations of the recently installed culvert crossings at Pioneer Trail and Charlesworth Court will be surveyed in order to accurately show current conditions on the plans. Additional survey data will be collected on Spruce Avenue infrastructure to inform the Bijou School Frontage Drainage Improvement designs and on Sonora Avenue down to Osgood Basin in order to inform designs for the potential revised Keller Clean Water Bypass alignment down Sonora rather than Ski Run.
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Civil and Restoration Design Services
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3 In order to fine tune the Bijou Park Creek hydraulic model completed during Phase 1 that was based on available LiDAR topographic data and therefore didn’t fully capture the current channel and floodplain details, we propose conducting a Total Station topographic survey of the Bijou Park creek channel and floodplain within the project limits. Wildscape and NTCD engineers will conduct the survey and consult with NHC and the landowner and key stakeholder, USDA Forest Service Lake Tahoe Basin Management Unit (LTBMU) to ensure all key channel and floodplain data is collected in sufficient detail.
2.1 Supplemental Survey for Stormdrain Design and Bijou Park Creek Hydraulic Model Refinement
Supplemental surveying will be conducted to capture additional existing pipe inverts including a full utility survey/dip for Keller Bypass, additional survey data for Bijou School, the recently installed pipeworks at Pioneer Crossing and areas along Blackwood to support detailed design development.
To develop a more comprehensive and accurate hydraulic model to inform restoration designs for Bijou Park Creek a Total Station survey will be conducted to collect the channel longitudinal profile, representative crosssections, and cross-valley berms to sufficiently define the HEC-RAS 2-D surface, adjacent pavement elevations, and key drainage inputs. This effort will facilitate a more accurate hydraulic assessment of the channel capacity, determine any potential flood risk to adjacent property or infrastructure and help refine stream restoration designs of the Bijou Park Creek Restoration project, the Rockwood to Blackwood outfall, and improvements where the creek crosses Tamarack Ave and Warner Salas Dr.
Property boundary surveys will be conducted for up to five parcels by licensed Land Surveyor, Chip Brejc of Insite Land Surveys to support lot line adjustments, easements and/or real property acquisitions necessary to construct the project.
2.2 Utility Coordination and Identification
This task will build off the utility information collected and incorporated in the 30% plans and where conflicts may be unavoidable, we will work cooperatively with the various utilities to perform potholing using high accuracy GPS or land surveying instruments for recording and documenting in order to precisely determine elevations and any necessary avoidance measures.
Task 2 Deliverables:
All survey control and survey data points as CAD files.
Electronic and hardcopies of updated Topographic Base Map TASK 3. HYDROLOGIC AND HYDRAULIC ANALYSIS
Hydrologic and hydraulic analysis will continue building off of the efforts completed during Phase 1 in order to investigate new alternatives introduced during the later stages of 30% design and support design development as it moves through 60% and 90% detail levels.
3.1 Hydrology and Hydraulics Study for Revised Keller Bypass and Wildwood Basin Recent comments received from the City upon review of the 30% designs included a request to explore the feasibility of an alternative route for the Keller Clean Water Bypass project. Up to three alternatives will be explored that utilize streets other than Ski Run for the bypass. Determining the feasibility of alternative routes and a possible alternative outlet (the Wildwood Basin outlet instead of the Osgood Basin outlet) will require C-106-2021
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4 further hydraulic analysis, an additional site visit, and continued consultation with the City. There is already a substantial amount of information related to the hydraulics in this area so further exploration should be minimal.
3.2 Updates to PLRM
Since sediment removal is a key objective of this project, the PLRM will be updated as the project progresses to evaluate the impacts of the proposed design on water quality. The team will provide technical support to the City Project Manager to update the models as designs are further developed.
3.3 Bijou Park Creek 2-Dimensional Hydraulic Model
As discussed in Task 2.1 further refinement to SEZ design features is needed and will require further development of a 2-dimensional hydraulic model with the additional creek and floodplain field survey data collected under Task 2.
The development of the 2-dimensional hydraulic model involves pulling the field survey and LiDAR topographic data into a digital elevation model, applying appropriate Manning’s n values based on creek and floodplain cover/condition, establishing boundary conditions, and calibrating if possible, using any known stage-discharge relationships. Once operational and calibrated the model will be used to infer existing and future hydraulic conditions under scenarios corresponding with up to two restoration design alternatives.
Results from the hydraulic modeling that will inform design development include modeled stage-discharge relationships across the project site, shear stresses induced on the stream channel, banks and floodplain, and flow velocities and preferential flow paths through the floodplain improvement areas.
3.4 Osgood to Wildwood to Lake Hydraulic Analysis ( NEW TASK) Based on previous hydraulic analysis of the Wildwood Basin overflow capacity, NHC will estimate the maximum amount of flow to be diverted into the expanded Osgood Basin and provide recommendations on the hydraulic design of the diversion into the expanded basin. Our design and water resource engineers will analyze the expanded Osgood basin outlet pipe capacity at various tailwater elevations in Wildwood to check that the proposed design will not cause any backwatering into Osgood basin.
Task 3 Deliverables:
Supplemental Hydrology and Hydraulics Report with figures and appendices.
TASK 4. ENVIRONMENTAL DOCUMENTS
Preparation of environmental documents will be led by Catalyst. Under this task, Catalyst will base their approach on their expert knowledge of NEPA guidance, and other associated applicable policies and guidelines. While the CEQA has been completed some final steps are required to complete NEPA.
4.1 Updates to Proposed Project Description for NEPA and CEQA Catalyst and Wildscape have discussed NEPA compliance with USFS to determine the preferred path forward. The USFS has indicated that the Project may be processed as a Categorical Exclusion, in which case, USFS would complete NEPA internally and Catalyst would provide USFS staff with supporting documentation as-requested.
4.2 CEQA Compliance – Addendum to the MND
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5 Catalyst will prepare an Addendum for the CEQA Mitigated Negative Declaration (MND) to analyze potential impacts of the Keller Clean Water Bypass Project design. Under CEQA Guidelines Section 15164, the responsible agency (City of South Lake Tahoe) must prepare an addendum to an adopted MND if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for Environmental Impact Report (EIR) have occurred.
The following outline demonstrates how the addendum could be structured and the contents to be included:
Introduction
Summary of Proposed Project
Proposed Modification to the Mitigated Negative Declaration and Basis for an Addendum Project Description
Analysis of Potential Environmental Impacts Associated with the Proposed Modification Conclusions
List of Preparers
References
The addendum need not be circulated for public review but can be included in or attached to the final adopted negative declaration.
4.3 Tribal Notification Letter and Section 106 Letters
Catalyst will prepare a draft tribal engagement letter and submit to USFS for review/edit. We will finalize the letter and resubmit to USFS. In the event that a Tribe wishes to engage in government-to-government consultation, Catalyst will support USFS in this consultation and memorialize the exchange with notes and records.
4.4 Baseline Cultural Assessment and Report
Coordinate and perform the required cultural resource surveys required by USFS. We will build off the CHRIS records search findings and work with USFS to determine additional data needs for known cultural resources.
If field data is required, we will prepare a survey protocol memorandum and submit to USFS for review/comment to ensure the proposed protocols satisfy Section 106 and NEPA requirements. We will coordinate/perform the surveys in coordination with USFS and will memorialize the data collected with field notes, pictures, and GPS data. We will develop a draft technical memorandum that reports the survey findings and submit to USFS for review/comment. We will finalize this technical memorandum based on USFS comments and incorporate the results/findings into the NEPA document.
4.5 Botanical and Jurisdictional Waters Surveys on USFS Lands Based on the urban nature of the project area, USFS will not require any wildlife surveys (per communication with USFS biologist, Shay Zanetti on July 22, 2021), therefore, we assume no Endangered Species Act consultation would be required either. Catalyst will coordinate the required botanical surveys required by USFS. Julie Etra of WBS will coordinate/perform surveys for resident vegetative communities. Botanical surveys will be performed during the appropriate seasonal survey windows and will memorialize the data collected with field notes, pictures, and GPS data. The team will develop a draft technical memorandum that reports the survey findings and submit to USFS for review/comment. We will finalize this technical memorandum based on USFS comments and incorporate the results/findings into the NEPA document.
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6 Invasive plants will be identified as part of the botanical survey and a standalone Invasive Plant and Monitoring Plan per LTBMU requirements will be produced to support final design and construction.
Catalyst will coordinate with WBS, who will also perform a jurisdictional delineation (JD) of potential waters of the U.S. per the Clean Water Act. We will develop a wetlands/ JD survey protocol memorandum and submit to USFS for review/comment. We will coordinate/perform the survey while inventorying the project area’s vegetation/botanical resources and will memorialize the data collected with field notes, pictures, and GPS data. We will develop a draft technical memorandum that reports the delineation’ s findings and submit to USFS for review/comment. We will finalize this technical memorandum based on USFS comments and incorporate the results/findings into the NEPA document.
4.6 NEPA Categorical Exclusion Support
Catalyst will support USFS in the preparation of a Categorical Exclusion and will provide requested technical documents and clarifications regarding the ECD/MND. We will participate in up to three calls with the USFS IDT to discuss the ECD/MND, baseline info, and impacts. It is assumed that USFS will prepare the Categorical Exclusion and perform the necessary consultations, and that no new technical analysis is required for the Categorical Exclusion beyond what has been prepared for the ECD/MND.
Task 4 Deliverables
Submittal of one (1) CEQA MND Addendum
Submittal of one (1) Draft, Final Tribal Engagement Letters Submittal of one (1) Cultural Resources Technical Memorandum Submittal of one (1) Botanical/Vegetation Technical Memorandum Submittal of one (1) Invasive Plant Survey and Monitoring Report TASK 5. LICENSE AGREEMENTS AND SPECIAL USE PERMITS
5.1 License Agreements and Special Use Permits
The team will coordinate with the public agencies other than the City of South Lake Tahoe, for the parcels identified in the 30 percent plans for project improvements, as necessary to begin the permitting process. All public parcels advantageous to restoration and stormwater treatment have been identified and mapped in the 30 percent plans and the team will generate a list and figures unique to each owner for submission. Public parcels are typically preferred for stormwater improvements and restoration work as the cost to the project is much lower than acquiring private parcels. To conduct project activities on California Tahoe Conservancy CTC) parcels, the City must enter a license agreement with CTC that details the use of the land, the benefits to the public, and the long-term maintenance. A similar process is required for USFS-owned parcels; Special Use Permits must be applied for an obtained to use the parcel for project activities.
We will reach out to key staff at the CTC and USFS to discuss the use of these parcels for the Project and prepare the necessary documents such as an alternatives evaluations and special use permit applications for each desired parcel. We have experience finalizing both license agreements and special use permits with both agencies and a strong relationship with the key personnel at the CTC and the USFS. NTCD will lead this task and work with City staff as necessary to complete it.
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www.wildscape- engineering. com
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7 5.2 TRPA Land Capability Verification
The TRPA Land Capability designations incorporated in the 30% plans will be further assessed if required for permitting the individual proposed projects. Our team will coordinate and conduct TRPA Land Capability Verification analysis on property within the City rights-of-way, land acquisitions ( should there be any), and assist the City with resolving surface coverage related permit conditions that may be required within the TRPA permit for the project. We will include existing condition and proposed conditions Land Capability Study calculation summary tables on the project construction plans.
Real Property acquisitions
The preliminary plans have largely avoided the use of any private parcels not already acquired by the City of SLT to implement the preferred alternatives, however as we move through 60% design development, a few private parcels will require easement acquisitions, including the private road and 1 to 2 of the individual lots within the Mobile Home Park on Blackwood. There is also the possibility of a private property acquisition and/or a lot line adjustment for a parcel in the lower portion of the watershed to enable the most beneficial design.
This is also a critical piece of the Special Use Permit application which often requires an analysis of acquiring private parcels versus using federal parcels. We will compile necessary information on any private parcels using the El Dorado County Assessor’s website and the Tahoe Regional Planning Agency website. Useful information would include site coverage, land capability, any existing deed restrictions, assessed value, and recent sale value, if applicable. Using this information, we will evaluate if deed restrictions, conservation easements, or land swaps are a viable solution and preferentially pursue those options over full acquisition.
If the analysis reveals that full acquisition is the best path forward, the team will reach out to the private property owners to discuss the project and potential purchase of the property. We will prepare one page outline that describes the Project and its benefits to the watershed and potential sellers. We will inform the property owners of their rights related to California Code of Civil Procedure as well as the rights of the City to use eminent domain if negotiations fail; however, we will continue negotiations as long as possible to secure the necessary properties. We will prepare any documents required for real property acquisition including offer letters, purchase and sale agreements, easement acquisition agreements, appraisal reports, warrant reports, and property acquisition reports for each property.
NTCD has extensive experience working with private property owners to implement restoration and water quality projects and will lead the outreach and coordination for this task. NTCD’s previous experience has involved a variety of landowner agreements and acquisitions. We also have Interwest Consulting Group and Lynn Barnett and Associates to assist with appraisals, purchase agreements, and title, escrow, and closing.
Both firms have extensive experience with public agencies and real property acquisitions in the Lake Tahoe Basin.
5.3 Appraisals
The team of Interwest and Lynn Barnett & Associates will be provided preliminary title reports, appraisals, and applicable environmental reports such as Phase I ESA's and as applicable Phase II ESA An appraisal of each property identified for acquisition will be completed in conformance with federal and state policy.
Each property owner will be contacted by the consulting firm and given the opportunity to accompany the C-106-2021
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8 appraiser during the appraisal. The City’s Project Manager will also be given the opportunity to attend. We will prepare an appraisal report containing at a minimum, the following information:
The purpose and function of the appraisal, including limiting factors and conditions; A description of the physical characteristics of the property being acquired in addition to the highest and best use of the property;
A discussion of all relevant and reliable approaches to value. In most cases this will necessitate the use of the sales comparison approach only;
A description of comparable sales relied on in the determination of value; A statement of the value of the property rights to be acquired, including damages to the remainder; A signed certification of the appraiser and the effective dated of the valuation.
Assumption: The costs provided assume one (1) full property acquisition with one residential housing unit requiring relocation of occupants being displaced and two (2) partial take acquisitions with no displacements requiring relocation assistance. Any additional acquisitions will cost $ 15,000 each and any additional relocation beyond one household will cost $7,500 per household.
5.4 Acquisition
Acquisition services may include making contacts with property owners of all subject parcels for the purpose of negotiating purchase price of real property or easements. Consultant will assume the responsibility of coordination and management of the negotiation process. Services will include the following; Preparing the offer letter and other related documents based on the appraised and accepted fair market value;
Statement that City may take property by eminent domain for full or partial acquisitions in the event negotiations fail;
Notification in accordance with California Code of Civil Procedure Section 1263.025 that the property owner is entitled to obtain an independent appraisal, and should the property owner elect to do so, City will pay for the actual reasonable costs up to $ 5,000: the independent appraisal shall be conducted by an appraiser licensed by the Office of Real Estate Appraisers; Summary Statement Relating to the Purchase of Real Property or Interest therein; Purchase and Sale Agreement or Easement Acquisition Agreement for Public Purposes, as applicable;
Preparing the purchase agreement and conveyance documents; Delivering offer letter and conveyance documents to the City and Caltrans for review and approval; Making City requested changes as appropriate;
Meeting with property owners to discuss the project in general, reviewing easement exhibits and legal descriptions, confirming property owner and occupant information and delivering and explaining the official first written offer;
Maintaining follow-up contact information for property owners; Receiving and responding to property owner inquires either verbally or in writing and making record of such correspondence;
Maintaining contact reports for each parcel;
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9 Continuing negotiations with property owners until agreement is reached; and Transmitting signed agreements to the City promptly for acceptance and processing.
5.5 Title, Escrow, and Closing
We will assume responsibility to ensure all closings are completed in a timely manner by continuing coordination with the Title Company handling the escrows. We will work closely with the Title Company to ensure quality title is obtained. Services will include:
Reviewing the updated title. The City will obtain updated preliminary title reports for review.
Opening escrow, deposit funds and documents, prepare escrow instructions and monitor closing of escrows.
Assisting the Title Company with releasing any liens, mortgages, or encumbrances of record.
Preparing warrant requests to the City with proper supporting documentation including recommended resolutions to escrow related issues.
Coordinating the clearing of tax requirements and assessments.
Attending all meetings and facilitating all closings.
Ensuring final title policies only contain exceptions that the City is willing to accept.
Submitting a completed property acquisition report for each property, including transfer of all pertinent related documents to the City.
TASK 6. PERMITTING
The Project Manager and key task leaders all have experience applying for and acquiring resource agency, TRPA, and City and County permits for their respective stormwater, recreation, and wetland/river restoration projects. We work cooperatively with these agencies to gain their input early on in order to incorporate agency expectations and needs within the designs as is practical, in essence, “ pre-mitigate” our designs and streamline the permit acquisition process.
6.1 TRPA Permit
The Bijou Park Creek Restoration Project is a Lake Tahoe EIP Project ( EIP Number 01.01.01.0118) and therefore will need to obtain an EIP Project Permit from the Tahoe Regional Planning Agency. During the development of the Project, the appropriate TRPA EIP Planner will be involved as a member of the Technical Advisory Committee ( TAC) and will therefore have input throughout the design process. The 90% design documents will address any TRPA comments from the 60% TAC meeting and meet all requirements identified for the TRPA Permit. Utilizing the extensive work done for the NEPA/CEQA process, the Team will complete a TRPA Initial Environmental Checklist for submission with the 90% Permit Application. After obtaining a draft TRPA permit, the Team will review the contents and review the draft permit with the City so that the Design Documents can be finalized, and all regulatory requirements are conveyed to any potential bidders. For the final permit approval, the Team will send a representative to the Hearings Officer or Governing Board if necessary. The Team has successfully permitted more than 20 Lake Tahoe EIP Projects, has a good relationship with the TRPA staff, and is well versed in the TRPA process.
6.2 404/401/1600 Permitting
As laid out in the environmental document, the project, specifically the SEZ and wetland restoration elements will require most if not all of the resource agency’ permits listed below:
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10 Clean Water Act (CWA) Section 401 WQ Certification – State Water Resources Control Board CWA Section 402, NPDES Permit - Lahontan Regional Water Quality Control Board CWA Section 404 Permit (Dredge and Fill) – US Army Corps of Engineers 1600 Streambed Alteration Agreement Permit – California Department of Fish and Wildlife ESA Section 7 Consultation – US Fish and Wildlife Service Under this task our team will conduct the necessary consultations and develop the draft and final application packages working in close collaboration with the design engineers between 60% and 90% design development and submit in the required order to acquire the necessary permissions to construct. Information, mapping, and data from the surveys conducted under Task 4 will be incorporated into the permit applications.
This task includes time to meet with resource agency representatives on site as needed to bring them up to speed on the site setting and need and discuss recommended measures to incorporate into the designs.
Assumptions: As stated under Section 4 no wildlife surveys will be required per Shay Zanetti at USDA Forest Service Lake Tahoe Basin Management Unit.
6.3 Stormwater Pollution Prevention Plans ( SWPPPs)
A Draft and Final Stormwater Pollution Prevention Plan or SWPPP for up to three construction packages as described under 7.1 below will be developed to comply with the Tahoe Basin Construction Permit and Lahontan RWQCB Basin Plan. The Wildscape Team will apply its extensive experience in drafting approved SWPPPs for drainage, utility, highway, and restoration projects in and around the Tahoe basin to produce up to three well-organized, site-specific Draft and Final SWPPPs that will meet all regulatory requirements and be easily adopted and applied during construction.
Task Deliverables:
Up to three (3) Draft SWPPPs
Up to three (3) Final SWPPPs
TASK 7. 60% DESIGN LEVEL PS&E DOCUMENTS
7.1 60% Plans and Technical Specifications
Incorporating comments from the City and the TAC and any identified mitigation measures or special conditions through the CEQA/NEPA process the design team will develop and present 60% design drawings, specifications, and preliminary costs to the City for review. In order to facilitate different timelines for the projects solely within USDA Forest Service lands versus those within City ROW and/or other public and private property the 60% design effort through 100% will develop up to three (3) individual plan sets and technical specification packages so that they can be bid and constructed independently. It is anticipated that one set will cover Forest Service property project elements, and one will cover the Keller Canyon Bypass Project element either as a standalone project or in combination with all other project elements.
The team will coordinate closely with the City of South Lake Tahoe to discuss alternatives when investigating major changes that arise from comments on the 30 percent plans. The plans and specifications will include construction information on all major features similar to the 30% submittal, including a title sheet, sheet index, general notes sheet, site plan with existing utilities and infrastructure, grading plan and profile sheets, pipeline C-106-2021
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11 centerline and hydraulic grade line profile sheets, temporary and permanent erosion control and BMPs, revegetation, and detail sheets. Additional design elements if not already identified during 30% design development include temporary access routes, stockpile and staging areas, and cut/fill quantities by habitat type (sufficient to initiate draft permit applications and environmental compliance documents).
All project work will be designed to minimize existing habitat disturbance, soil compaction, and infrastructure impacts.
A 60% Technical Specifications package will be developed in parallel with the plans to clearly direct the Contractor on items including but not limited to bid breakdowns, material types, installation procedures, workmanship, work restrictions, warranties, payment methods, etc. The Technical Specifications will adhere to City standards and code requirements.
7.2 60% Landscaping and Revegetation Plans and Specifications At 60% design development additional plan sheets will be incorporated to include maintenance access, trail elements, fencing, and revegetation. SEZ restoration and natural areas will be stabilized with biotechnical treatments using native materials, seeding, and mulching and the design engineers will be supported by the restoration ecologist in order to incorporate site appropriate designs and specifications. There may be limited areas requiring containerized plantings and irrigation along trail connections that will be developed by the landscape designer.
7.3 Draft Project Design Report
In order to ensure confidence in the design plans the team will develop a Draft Project Design report that summarizes the methodologies and data used to develop the design PS&E and any decisions made to modify or move away from elements agreed upon during 30% preliminary designs. The Draft SWPPPs under Task
6.3 will be developed and submitted to the City for review at this time.
7.4 NEPA/ CEQA Mitigation Design Requirements
As stated earlier, we often approach design development already knowing and integrating what will be required by the resource agencies, however this task will provide time to revisit any project modifications or additions that are to be folded into the plans to meet NEPA/CEQA requirements.
7.5 Plan Proof Field Visit
This is an excellent opportunity to field truth the plans with the City Project Manager and mark up and make any necessary edits to avoid unforeseen surprises or issues at 90% design or even during construction. This will be a critical and worthwhile step in the design process.
7.6 60% Engineer’s Estimate
Starting with the 30% cost estimate, we will incorporate the additional changes and detail developed during 60% design, including more refined quantities for earthwork and material import. Using a combination of recent real construction cost data in the Tahoe region, local supplier and vendor quotes and RS Means we will develop costs to 60% detail.
Task 7 Deliverables:
Up to 3 sets of 60% Admin Draft PS&E for City Review and to take to Plan Proof Field Visit Up to 3 sets of 60% Draft PS&E for stakeholder circulation C-106-2021
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Civil and Restoration Design Services
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530) 600-1810
12 Up to 3 Draft SWPPPs
TASK 8. 90% PS& E
The design team will build upon the approved 60% PS&E and incorporate input from the City and stakeholders to advance to 90% PS&E.
8.1 90% Plans and Technical Specifications
The design team will build upon the approved 60% PS&E (up to 3 sets as described under 7.1) to continue to add details for construction including but not limited to:
Detail call-out identifiers corresponding to details in detail sheets; and proofed to confirm callouts correspond correctly
Any refinements to the grading plans, profile sheets, utility, electrical, traffic control plans, etc.
Any edits as a result of the 60% TAC Design review
Any edits as a result of additional resource agency or stakeholder review and input.
The Draft SWPPPs will also be updated to incorporate any additional information discovered between 60% and 90% and significant changes to the plans that require changes to the temporary erosion control and water quality protection measures or dewatering approaches. 90% Design Report In order to maintain continuity through the design development process, the Draft Project Design report will be updated to report on any significant changes to the designs between 60% and 90% to accommodate information gained while field trothing and from City, TAC and other resource agency review and comment
8.2 90% Engineers Estimate
The 60% Engineer’s estimate will be further refined based on the edits/additions made to the plans and specifications through the 90% development
Task 8 Deliverables:
Up to 3 sets 90% Admin Draft PS&E for City Review
Up to 3 sets 90% Draft PS&E for stakeholder circulation Up to 3 Final SWPPPs
TASK 9. 100% BID DOCUMENTS
Under this task the design team will make any final changes and add any necessary detail as a result of City and TAC review and input on the 90% PS&E in order to product up to three sets of 100% stamped plans and technical specifications. The Engineer’s Estimate will be reviewed in great detail taking into consideration the current bidding environment (i.e., Contractor availability, local economy, etc.) and final refinements will be made to ensure an accurate cost estimate that will be well within the acceptable margins of error. With our extensive bench of professional civil engineers, we have the ability to do extensive internal QA/QC of all bid documents prior to submitting to the City, which will result in clear and comprehensive plans and specifications facilitating streamlined construction and preventing unnecessary costly change orders.
Task 9 Deliverables:
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13 Up to 3 sets of 100% Admin Draft PS&E for City Review Up to 3 sets of 100% Stamped PS&E
Responses to Questions during Bid Advertisement and Selection TASK 10. BID ASSISTANCE
10.1 Provide responses to bidder’s questions
The proposed Project Manager and several key team members have assisted public agencies and non-profit organizations on similar large projects in developing bid advertisements, bid packages, and supporting Contractor selection. This includes quickly responding to questions and requests for information and developing any addendums as needed on a short time frame.
Task 10 Deliverables:
Draft and City Resident Engineer Approved Responses
Bid Addenda Sections
TASK 11. CONSTRUCTION ENGINEERING (CE)
The Project Manager and supporting staff have served as Engineer of Record and provided construction oversight on several similar construction projects. Therefore, our team is fully capable of providing Construction Engineering, including reviewing, and responding to material submittals, change order ( CO) requests, and RFIs on a timely basis. We will work with the City Resident Engineer to provide draft written responses and sometimes detailed figures or plan amendments for their review prior to providing to the Contractor. We understand that COs and RFIs can often come in sporadically and require fast response times in order to avoid any delays to the Contractor. Given our local presence and experience we can ensure the City that we would be responsive and effective in all these cases to ensure quality construction continues unimpeded.
11.1 Respond to Request for Information and Change Orders Wildscape Engineering would be able to provide timely responses to Contractor submitted Requests for Information (RFIs) and Change Order (CO) submittals. We would review and provide draft responses for City review within an agreed upon short time frame in order to prevent any delays to construction and would discuss with the City Project Manager and/or Engineer or Record if not Wildscape, all Change Order requests in order to protect the City’s interests.
11.2 Submittal Review and Response
This task provides time to review Contractor submittals, shop drawings and material samples and provide draft and final responses in coordination with the City Project Manager and/or Engineer of Record if not Wildscape. The formal response template will be provided to the City for review and acceptance and will cover a range of responses likely including “ Reviewed No Exceptions Taken”, “ Provide Additional Information”, Make Noted Corrections and Resubmit”.
Task 11 Deliverables:
Draft and City Resident Engineer Approved Responses to RFIs and CO Requests Revisions to Plans if necessary
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EXHIBIT B
SCHEDULE OF CHARGES AND TIMELINE
TIMELINE
All work to be completed by September 7, 2025
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City of South Lake Tahoe
Amendment No. 6 to Bijou Park Creek Watershed Restoration Project, Phase 2 Engineering Services Professional Services Agreement with Wildscape Engineering, Inc. (C-106-2021)
The Professional Services Agreement entered into on September 7, 2021, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and Wildscape Engineering, Inc. (“CONSULTANT”) is hereby amended as set forth below.
The Contract is hereby revised to add the following,
1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated September 7, 202 1 and Amendments 1 to 5, to the Professional Services Agreement adds the work described but not previously compensated within the attached exhibit, titled Scope for Final Bid Documents, Permits & Design Oversight for Remaining Individual Project Sites Basin and dated April 15, 2025, previously attached and incorporated by reference as part of Amendment 5.
2. Compensation. Compensation to be paid to the CONSULTANT, is $194,414.30, as described in staff report. This is a portion of the funding needed to provide services in the exhibit, titled Scope for Final Bid Documents, Permits & Design Oversight for Remaining Individual Project Sites and dated April 15, 2025, and not previously included in Amendment 5. In no case shall CONSULTANT compensation for work completed under this Amendment exceed the amended amount of $899,672.81, 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.
3. Term/Time of Performance. The services by Consultant shall continue until all authorized work is approved by City. All such work shall be completed not later than December 31, 2030. Time is of the essence, and failure of Consultant to perform the services required by this Agreement, as amended, by December 31, 2030 shall constitute a material breach of this Agreement as amended.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 6 to Professional Services Agreement with Wildscape Engineering to be executed on June 2, 2026.
CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: __________________________ Cody Bass, Mayor Carol Beahan, P.E. President,
Wildscape Engineering, Inc.
Date: _________________________ Date: _________________________
Business License # 006076
285
APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk Exhibit: Scope for Construction Engineering and Support Services on the Rockwood to Blackwood Drainage Improvement Project
286
Prepared for
Public Works Department
City of South Lake Tahoe
1052 Tata Lane
South Lake Tahoe, CA
96150
Submitted by
Wildscape Engineering Inc.
South Lake Tahoe, CA
April 15, 2025
Bijou Park Creek Watershed Restoration
Scope for Final Bid Documents, Permits & Design
Oversight for Remaining Individual Project Sites
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Civil and Restoration Design Services
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(530) 600-1810
April 15, 2025
Brianna Greenlaw
Project Manager
City of South Lake Tahoe
1052 Tata Lane
South Lake Tahoe, CA 96150
Re: Additional Scope for Engineering and Planning Services for the Remaining Bijou Park Creek Watershed Restoration Project Sites
Dear Ms. Greenlaw,
Respectfully submitted is our request for additional scope to separate and implement the remaining six of nine Bijou Park Creek project sites as individual construction documents and permit approvals rather than continue under the current comprehensive Bijou Park Creek Watershed Improvement Project construction documents. Separation into individual project construction packages was requested by the City of South Lake Tahoe in order to take advantage of different available funding opportunities. Three of the nine project sites have already been separated and completed with two of the three, Rockwood to Blackwood and Aloha Basin, scheduled for construction in 2025 and Bijou Park Creek SEZ Enhancement scheduled for construction in 2026.
The remaining six project sites that would be separated and completed under this proposed scope are as follows:
1. Needle Peak Localized Treatment
2. Ski Run Diversion
3. Bijou School Frontage Drainage Improvements
4. Osgood Basin East Expansion
5. Shirley to Whole Foods
6. Pioneer Crossing
Wildscape Engineering, Inc. is pleased to continue to provide professional engineering and related services to advance the stormwater collection, conveyance, and treatment improvements for the Bijou Park Creek Watershed to final construction documents, permit approvals and implementation.
Please contact me if you have questions or need additional information. Our entire team looks forward to finishing the full watershed wide drainage and water quality projects.
Sincerely,
Carol Beahan, PE, QSD, President
[email protected]
(530) 600-1810 / (415) 517-1375 cell
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1 I. SCOPE OF WORK
OVERVIEW
The following scope covers separating out six of the nine project sites that are currently part of the larger Bijou Park Creek Restoration and Watershed Improvement Project (WSIP) per the City of South Lake Tahoe’s request in order to take advantage of different funding sources and construction seasons. Three of the nine projects have already been carried forward to final construction documents and permits, two of which the City has already advertised for bid, the Rockwood to Blackwood Project and the Aloha Basin, the first of which has been awarded and is scheduled to start construction in May 205. The third project, Bijou Park Creek SEZ Enhancement Project will be constructed by the USDA Forest Service Lake Tahoe Basin Management Unit in 2026. Another project, Keller Clean Water Bypass was separated at 60% designs to be addressed at a later time under a separate effort and is not included in this scope.
The remaining six project sites that would be separated from the larger WSIP plan set and completed under this scope are as follows:
1. Needle Peak Localized Treatment
2. Ski Run Diversion
3. Bijou School Frontage Drainage Improvements
4. Osgood Basin East Expansion
5. Shirley to Whole Foods
6. Pioneer Crossing
In order to develop final construction documents for the individual projects additional potholing, surveying, and drafting will be needed, then each project will need to have individual permit applications developed and agency representatives consulted and each project will also require individual bid support and design oversight during construction. In addition to these tasks, the Rockwood to Blackwood project impacts a small jurisdictional wetland at the new storm drain pipe outfall and will require mitigation monitoring and reporting for up to five years.
PROJECT WORK TASKS AND APPROACH
The following describes the project work tasks involved in bringing the remaining six project sites to completion. Table 1 on page 8 provides the detailed costs. 289
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2 TASK 1. PROJECT MANAGEMENT & COORDINATION
1.1 Project Management & Meetings
The Project Manager will coordinate directly with the City of South Lake Tahoe (City) Project Manager and the design team members to manage the schedule and the quality of all submittals.
This task includes time to prepare for and participate in meetings with City staff and/or TAC members if and when needed. Assumes up to 4 meetings on an as-needed basis with City staff and resource agency representatives to review design documents and permit needs.
1.2 Planning Commission and/or City Council Meetings
This task covers time to prepare for and participate in up to 2 meetings, either Planning Commission and/or the City Council to appraise them of milestones, accomplishments, and deliverables on an as-needed basis.
The regularly scheduled meetings of these bodies provide an opportunity to update and solicit feedback from both the council and commission members.
TASK 2. UTILITY COORDINATION, POTHOLING AND SITE SURVEYING There remains some potential utility conflicts in the proposed improvement areas, particularly in the paved right of way where the City Engineer at the time of the original potholing effort instructed the potholing/survey crew to postpone the remainder of the investigative work in order to limit the amount of disturbance and pavement patching that was going to be needed.
This task will involve working cooperatively with the utilities to perform potholing of utilities that cannot be avoided. Coordinate and conduct potholing and surveying to identify locations of existing utilities in the vicinity of proposed improvements at the 6 remaining project sites.
Task 2 Deliverables:
• All survey control and survey data points as CAD files. 290
Civil and Restoration Design Services
www.wildscape-engineering.com
(530) 600-1810
3 TASK 3. HYDROLOGIC AND HYDRAULIC ANALYSIS
In order to avoid the cost and challenge of conveying the overflow from expanded Osgood East across Sonora and down Osgood to outlet at Wildwood basin as originally designed the team has been investigating tying the outflow into the existing Caltrans 12-inch storm drain pipe on the north end of Osgood Basin east.
Additional H&H analysis is needed as described below in order to confirm and report to Caltrans that the additional flow from Osgood East could be easily conveyed within their infrastructure with no negative impacts.
Osgood East Pond Discharge to Existing 12-Inch RCP
An energy equation was written from the inlet to the system to first junction manhole adjacent to Highway US
50. The calculations to estimate the capacity of the inlet are documented on a separate figure. With an estimated available energy of 2.3 ft, the capacity of the 12-inch RCP is about 2 cubic feet per second.
Comparing this estimate of culvert capacity to the hydrograph discharges from the NHC report indicates that there might be sufficient capacity to route flows to the existing Caltrans culvert pipe and avoid construction of the existing alternative to convey flows from Osgood East to the Wildwood basins. Evaluation of this alternative would be undertaken using the EPA Stormwater Management Model (SWMM) because it offers routing of flows through the system. (It is an unsteady state numerical model.) SWMM is useful because it was designed for design and analysis of urban drainage systems.
What we would need to complete the proposed analysis comprises:
• The NHC hydrograph of flow from the hydraulic splitter at the Osgood West outfall to the Osgood East Pond (the models used to develop the hydrograph would be good to have) • As-built drawings or surveyed elevations of the inlet to the Caltrans drainage system • Master Drainage Plan and Lumos HEC-HMS models of the contributing watersheds • Caltrans drainage calculations for their drainage network The approach would be to create a SWMM model of the area of interest, including the Caltrans drainage system to its outfall into Lake Tahoe1. SWMM would be used to estimate flows contributing to the system, route the NHC hydrograph through the Osgood East Pond and into the Caltrans drainage system, and compute the hydraulics of the system for the existing condition and proposed system (with Osgood East constructed). The objective is to determine whether sufficient capacity exists to convey flows from the flow splitter at the outlet of Osgood West, through the proposed Osgood East Pond and into the Caltrans drainage system.
Task 3 Deliverables:
• SWMM results and letter report
• Final H&H report for Caltrans review and approval
291
Civil and Restoration Design Services
www.wildscape-engineering.com
(530) 600-1810
4 TASK 4 LICENSE AGREEMENTS AND SPECIAL USE PERMITS
4.1 TRPA Land Capability Verification
The team will coordinate with TRPA to conduct Land Capability Verification analysis on the properties for each of the individual projects within the City rights-of-way, land acquisitions (should there be any), and assist the City with resolving surface coverage related permit conditions that may be required within the TRPA permit for the project. We will include existing condition and proposed conditions Land Capability/Coverage tables on the project construction plans.
4.2 Appraisals
An appraisal of up to three parcels identified for easements or acquisition will be completed in conformance with federal and state policy. Each property owner will be contacted by the consulting firm and given the opportunity to accompany the appraiser during the appraisal. The City’s Project Manager will also be given the opportunity to attend. We will prepare an appraisal report containing at a minimum, the following information:
• The purpose and function of the appraisal, including limiting factors and conditions; • A description of the physical characteristics of the property being acquired in addition to the highest and best use of the property;
• A discussion of all relevant and reliable approaches to value. In most cases this will necessitate the use of the sales comparison approach only;
• A description of comparable sales relied on in the determination of value; • A statement of the value of the property rights to be acquired, including damages to the remainder; • A signed certification of the appraiser and the effective dated of the valuation.
4.3 Acquisition
Acquisition services may include making contacts with property owners of all subject parcels for the purpose of negotiating purchase price of real property or easements. Consultant will assume the responsibility of coordination and management of the negotiation process. Services will include the following; • Preparing the offer letter and other related documents based on the appraised and accepted fair market value;
• Statement that City may take property by eminent domain for full or partial acquisitions in the event negotiations fail;
• Notification in accordance with California Code of Civil Procedure Section 1263.025 that the property owner is entitled to obtain an independent appraisal, and should the property owner elect to do so, City will pay for the actual reasonable costs up to $5,000: the independent appraisal shall be conducted by an appraiser licensed by the Office of Real Estate Appraisers; • Summary Statement Relating to the Purchase of Real Property or Interest therein; • Purchase and Sale Agreement or Easement Acquisition Agreement for Public Purposes, as applicable;
• Preparing the purchase agreement and conveyance documents; • Delivering offer letter and conveyance documents to the City and Caltrans for review and approval; 292
Civil and Restoration Design Services
www.wildscape-engineering.com
(530) 600-1810
5 • Making City requested changes as appropriate;
• Meeting with property owners to discuss the project in general, reviewing easement exhibits and legal descriptions, confirming property owner and occupant information and delivering and explaining the official first written offer;
• Maintaining follow-up contact information for property owners; • Receiving and responding to property owner inquires either verbally or in writing and making record of such correspondence;
• Maintaining contact reports for each parcel;
• Continuing negotiations with property owners until agreement is reached; and • Transmitting signed agreements to the City promptly for acceptance and processing.
4.4 Title, Escrow, and Closing
We will assume responsibility to ensure all closings are completed in a timely manner by continuing coordination with the Title Company handling the escrows. We will work closely with the Title Company to ensure quality title is obtained. Services will include:
• Reviewing the updated title. The City will obtain updated preliminary title reports for review. • Opening escrow, deposit funds and documents, prepare escrow instructions and monitor closing of escrows.
• Assisting the Title Company with releasing any liens, mortgages, or encumbrances of record. • Preparing warrant requests to the City with proper supporting documentation including recommended resolutions to escrow related issues.
• Coordinating the clearing of tax requirements and assessments. • Attending all meetings and facilitating all closings. • Ensuring final title policies only contain exceptions that the City is willing to accept. • Submitting a completed property acquisition report for each property, including transfer of all pertinent related documents to the City.
TASK 5. PERMITTING
Permitting has been completed for the first three projects already scheduled for construction; however additional permitting will be required for each of the six additional projects.
5.1 TRPA Permit
The Bijou Park Creek Restoration Project is a Lake Tahoe EIP Project (EIP Number 01.01.01.0118) and therefore will need to obtain an EIP Project Permit from the Tahoe Regional Planning Agency. The Team will complete a TRPA Initial Environmental Checklist for submission with each individual project Permit Application. After obtaining a draft TRPA permit, the Team will review the contents and review the draft permit with the City so that the Design Documents can be finalized, and all regulatory requirements are conveyed to any potential bidders.
5.2 404/401/1600 Permitting
The remaining six projects now that they will be pursued individually will require a range of resource agency permits. The individual projects will require some or all of the listed permits below depending upon extent of SEZ and/or wetland restoration elements:
293
Civil and Restoration Design Services
www.wildscape-engineering.com
(530) 600-1810
6 • Clean Water Act (CWA) Section 401 WQ Certification – State Water Resources Control Board • CWA Section 402, NPDES Permit - Lahontan Regional Water Quality Control Board • CWA Section 404 Permit (Dredge and Fill) – US Army Corps of Engineers • 1600 Streambed Alteration Agreement Permit – California Department of Fish and Wildlife • ESA Section 7 Consultation – US Fish and Wildlife Service Under this task our team will conduct the necessary consultations and develop the draft and final application packages and submit in the required order to acquire the necessary permissions to construct. Information, mapping and data from the aquatic, wildlife and botanical surveys already completed will be incorporated into the permit applications. This task includes time to meet with resource agency representatives on site as needed to bring them up to speed on the site setting and need and discuss recommended measures to incorporate into the designs.
5.3 Stormwater Pollution Prevention Plan (SWPPP)
A Draft and Final Stormwater Pollution Prevention Plan or SWPPP may or may not be required depending upon size of each individual project. If a SWPPP is not required, Lahontan Regional Water Quality Control Board will still likely require a simple Erosion Control Plan (ECP) as they’ve made that request for the already completed projects. This task assumes up to 2 SWPPPs and 4 Erosion Control Plans to be developed to meet the requirements of the Lahontan Regional Water Quality Control Board.
Task 5 Deliverables:
• Draft and Final Permits
• Draft and Final SWPPP/ECPs
TASK 6. ROCKWOOD TO BLACKWOOD MITIGATION MONITORING
6.1 Photo Point Establishment and Botanical Surveys for Mitigation Monitoring & Reporting This task covers establishing the photo points for annual photo monitoring and documentation to be done by the city and conducting the vegetation surveys and plant coverage reporting as required by the Lahontan Regional Water Quality Control Board approved mitigation and monitoring plan. It is assumed the City will produce and submit the annual monitoring reports that will encompass the annual vegetation survey results and reporting.
TASK 7. INDIVIDUAL PROJECT BID DOCUMENTS
7.1 100% Plans and Technical Specifications
This task covers breaking out and developing individual project plans and technical specifications to Admin and Final Stamped plans and technical specifications incorporating the additional potholing information and comments from City staff and agency representatives.
7.2 100% Engineer’s Estimate
Current cost estimates will be updated based on the individual project plan and specification updates above.
Task 6 Deliverables:
• 100% Admin and Final PS&E bid package for City Review 294
Civil and Restoration Design Services
www.wildscape-engineering.com
(530) 600-1810
7 TASK 8. BID ASSISTANCE
8.1 Provide responses to bidder’s questions for each individual project The proposed Project Manager and key team members will respond to questions and requests for information and developing any addendums as needed on a short time frame for the individual projects during the bidding process.
Task 8 Deliverables:
• Draft and City Resident Engineer Approved Responses
• Bid Addenda Sections
TASK 9. CONSTRUCTION ENGINEERING (CE)
9.1 Design Input during Construction
The Project Manager and supporting staff will provide the following when each project goes to construction.
9.2 Respond to Request for Information and Change Orders Wildscape Engineering will provide responses to Contractor submitted Requests for Information (RFIs) and Change Order (CO) submittals. We would review and provide draft responses for City review within an agreed upon short time frame in order to prevent any delays to construction and would discuss with the City Project Manager and/or Engineer or Record if not Wildscape, all Change Order requests in order to protect the City’s interests.
9.3 Submittal Review and Response
This task provides time to review Contractor submittals, shop drawings and material samples and provide draft and final responses in coordination with the City Project Manager and/or Engineer of Record if not Wildscape. The formal response template will be provided to the City for review and acceptance and will cover a range of responses likely including “Reviewed No Exceptions Taken”, “Provide Additional Information”, Make Noted Corrections and Resubmit”.
Task 9 Deliverables:
• Draft and City Resident Engineer Approved Responses to RFIs and CO Requests • Revisions to Plans if necessary
• SWPPP Amendments as needed
295
Civil and Restoration Design Services
www.wildscape-engineering.com
(530) 600-1810
i
Firm
Lynn Barnett
&Associates
Personnel Classification
Project Manager
Lead Engineer
Carol Beahan,
PE/QSD
Civil
Engineer
Restoration
Ecologist
Julie Etra
WBS
Senior H&H
Engineer Dr.
David
Thompson,
PhD, PE
CAD/GIS/Field
Technician Staff Ecologist
Admin/Report
Specialist
Jamie Allec
Field Surveying Mapping
Senior Real
Estate Agent
John Almazan
Interwest Sr
Agent
Interwest
Tech Support
Lynn Barnett,
Appraiser
Total
Subtask
Hours
Labor Cost
by Task
Hourly Rate $180.30 $141.00 $165.00 $188.35 $102.25 $88.65 $96.90 $250.00 $175.00 $175.00 $145.00 $145.00 $125.00 Task Description
1. Project Management and Coordination 46 $8,293.80
1.1 Project Management and Meetings: Manage project deliverables and timelines. Prepsre for and particicipate in up to 4 meetings on an as-needed basis with City staff and resource agency representatives to review design documents and permit needs. 40 40 $7,212.00
1.2 Planning Commission and City Council Meetings: Assumes preparation and participaation at up to 2 meetings. 6 6 $1,081.80
2. Potholing & Surveying for Utilities 162 $31,047.60
2.1 Utility Coordination, Potholing and Identification - Work cooperatively with utilities to perform potholing of utiliites that cannot be avoided. Coordinate and conduct potholing and surveing to identify locations of existing utilities in the vicinity of proposed improvements at the 6 remaining project sites. Keller Clean Water Bypass is not included in this scope given it was tabled at 60% designs.Includes potholing direct costs listed below. 12 30 24 72 24 162 $31,047.60
3. Additional Hydrologic and Hydraulic Analysis 100 $16,187.80
3.1 Hydrology and Hydraulics Study and Report for Osgood Overflow into Caltrans System. Develop SWMM model and produce a Final H&H report to acquire Caltrans approval. 4 20 40 4 68 $11,484.20
3.2 Update H&H for remaining five sites (Osgood addressed under 3.1) as needed to check final designs and make any needed adjustments. 4 20 4 4 32 $4,703.60
4. Real Property Acquisitions 314 $49,516.60
4.1 TRPA Land Capability Verification 12 $2,163.60
4.2 Appraisals - Includes up to 3 appraisals 6 24 144 174 $25,081.80
4.3 Acquistion: Includes 3 partial acquisitions 2 2 6 60 70 $10,610.60
4.4 Title, Escrow, and Closing (incl support) 2 12 6 30 20 70 $11,660.60
5. Permitting 196 $27,129.00
5.1 TRPA EIP Permit 6 24 2 2 34 $5,315.80
5.2 404/401/1600 permitting 24 32 24 80 $10,966.80
5.3 Stormwater Pollution Prevention Plan (SWPPP) and Erosion Control Plan (ECP): Assumes 2 SWPPPs and 4 ECPs. 6 52 20 4 82 $10,846.40
6. Rockwood to Blackwood Mitigation Monitoring 708 $28,479.20
6.1 Rockwood to Blackwood Mitigation Monitoring - Botanical and Photo Point Monitoring and Reporting 20 120 8 48 $28,479.20
7. Individual Project Final Bid Packages 378 $51,026.40
7.1 100% Admin and Final Stamped Plans and Specifications 60 84 30 144 12 330 $43,498.80
7.2 100% Engineer's Estimate 12 24 12 48 $7,527.60
8. Bid Assistance 60 $10,399.20
8.1 Provide responses to bidder's questions 24 12 12 4 8 60 $10,399.20
9. Construction Engineering (CE) 152 $57,942.60
9.1 Respond to RFIs and COs. 24 18 12 24 2 2 6 88 $13,043.00
9.2 Submittal Review and Response 18 18 6 12 2 8 64 $9,900.40
9.3 Provide Design Input during construction. Includes time to meet and answer questions in the field. 144 36 24 $34,999.20 LABOR TOTALS 426 370 216 44 240 72 18 120 48 12 90 20 144 1820 TOTAL TASKS $280,022.20
Potholing Contractor ($6,000/day for 1.5 days per site) $54,000.00 Mileage/Travel Tasks 8-15 $1,000.00
Report & Plan Production Costs $200.00
DIRECT COST TOTALS $55,200.00
TOTAL COSTS $335,222.20
Table 1. Bijou Park Creek Watershed Restoration Project Final Construction Documents, Permitting, Bid, and Construction Design Support for Individual Remaining Projects Labor Hours by Subtask
WILDSCAPE ENGINEERING INC Randy Meyer Surveying Interwest 296
Civil and Restoration Design Services
www.wildscape-engineering.com
(530) 600-1810
October 10, 2025
Brianna Greenlaw
Project Manager
City of South Lake Tahoe
1052 Tata Lane
South Lake Tahoe, CA 96150
Re: Scope for QSP SWPPP Support Services at Rockwood to Blackwood and Aloha Basin Please see the proposed scope and costs below to support the City of South Lake Tahoe (City) with SWPPP compliance for up to two years per the requirements of the Tahoe Construction General Permit until sufficient vegetation has grown in to apply for and acquire a Notice of Termination. SWPPP services include conducting and reporting on the required monthly QSP inspections over the winter season (October 16th – April 30th) and conducting storm inspections and reporting when there is sufficient rain to produce a discharge. Field turbidity measurements will be taken of site run on and runoff to be included in the storm reporting to illustrate the site conditions to Lahontan Regional Water Quality Control Board (Lahontan Water Board).
As soon as there is vegetation growth at each of the two sites, Wildscape Engineering will apply for a Notice of Termination (NOT) and upload the required documentation including a QSP inspection report and photo map for Lahontan Water Board approval. Any remaining scope once the NOT is approved will not be billed to the City and this Task will be terminated.
Table 1. QSP Services for Aloha and Rockwood to Blackwood Projects Please contact me if you have questions or need additional information.
Sincerely,
Carol Beahan, PE, QSD, President (530) 600-1810
[email protected]
Firm
Personnel Classification QSD/WPCM
QSP/Stormwater
Site Inspector
Admin/Report
Specialist
Hour
Totals
Labor by subtask
Task/Subtask $113.00 $91.50 $96.90
1. Daily Weather Tracking and Reporting: Download and circulate the NOAA weather reports any time a qualifying storm event is forecasted. Assumes 1 hour per month during the monitoring period. 24 24 $ 2,325.60
2. Stormwater Monitoring & Sampling: Conduct a during storm site inspection any time there is 0.5 inches of rain in a 24 hour period that would likely produce runoff/discharge. Produce "during storm" report and collect and analyze run on and runoff field turbidity samples if necessary. Report to City Project Manager if there are any issues observed. Assumes up to 16 during storm monitoring events over the up to two years of SWPPP monitoring until a NOT is acquired. . 4 28 32 $ 3,014.00
3. Inactive (Over Winter) SWPPP Inspection and Reporting: Condcut the required over winter monthly monitoring from October 15th to April 30. Assumes up to 1.5 x a month visual inspections from October to April between the first and final active construction periods for up to 2 qualifying storm events (i.e. weather events with 50% or greater chance of rain of 0.5 inches or more in a 24 hour period) per month requiring pre-storm inspections. 4 21 25 $ 2,373.50
4. Annual Reporting and Notice of Termination (NOT): Produce a draft annual report in 2026 if needed (assumes current QSP will submit the 2025 Annual report. Submit a Change of Information (COI) for inactive sites and produce and submit a Draft Notice of Termination (NOT) complete with final QSP inspection and Photo Map for each site once vegetation has grown in. 6 6 12 $ 1,227.00 LABOR TOTALS 14 55 24 93 $8,940.10
Direct Costs
Mileage during Inactive (Overwinter - Oct - April) and Storm Inspections $252.00 DIRECT COST TOTAL $252.00
TOTAL $9,192.10
Labor Hours by Sub-Task
Wildscape Engineering
$335,222.20 + $9,192,10
Total not to exceed $344,414.30297
City of South Lake Tahoe
Agenda Item Executive Summary
Hilary Roverud, Interim City Manager
__________________________________
Meeting Date: June 2, 2026
Agenda Item #:7
Agenda Item:
Transit Service Agreement with Capitol Corridor Joint Powers Authority and El Dorado Transit for Sugar Pine Village Affordable Housing and Sustainable Communities (AHSC) Grant Executive Summary: The Affordable Housing and Sustainable Communities (AHSC) program is part of California Climate Investments and is administered by the California Strategic Growth Council. The AHSC program provides grants and loans to applicants identified through a competitive process for the development of projects that create new affordable housing, achieve greenhouse gas reductions, and benefit communities through increased accessibility to affordable housing, employment centers, and key destinations via low-carbon transportation. On May 18, 2021 the City Council adopted Resolution 2021- 035 authorizing the City of South Lake Tahoe to execute a grant application under the AHSC program as a joint applicant with the Related Companies of California LLC for the Sugar Pine Village affordable housing project at 1860 Lake Tahoe Blvd. and 1029 Tata Lane. On January 26, 2022, the City in partnership with Related and St. Joseph Community Land Trust were awarded $17,359,470 in AHSC funds, allocating $10,551,967 for Sugar Pine Village Phase 2A affordable housing development costs, and $6,807,503 for city and transportation improvements. As part of the Sustainable Transportation Improvements component of the grant, $2,100,000 was allocated for the purchase of two renewable diesel buses to improve service on the Capitol Corridor Sacramento - South Lake Tahoe bus route. The City is one of the joint applicants for the AHSC grant and does not own transportation. As a result, the City requires an agreement with Capitol Corridor Joint Powers Authority and El Dorado Transit to pass through funds for the purchase of the two buses and the service enhancement.
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute the Transit Service Agreement with Capitol Corridor Joint Power Authority and El Dorado County Transit Authority to purchase two buses using AHSC grant funds for an amount not to exceed $2,100,000 to enhance service along the Sacramento – South Lake Tahoe bus route.
Responsible Staff Member: Crystal Plotner, Assistant Housing Planner Reviewed and Approved By: Zachary Thomas, Director of Development Services Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01-Staff Report - AHSC CCJPA EDT.docx
02 - Agreement with CCJPA and El Dorado Transit.pdf
298
Council Agenda Report June 2, 2026 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: June 2, 2026
Title: Affordable Housing and Sustainable Communities Program Transit Service Agreement with Capitol Corridor Joint Powers Authority and El Dorado Transit Location: City-wide
Responsible Staff Members: Crystal Plotner, Assistant Housing Planner Background: The Affordable Housing and Sustainable Communities (AHSC) program is part of California Climate Investments and is administered by the California Strategic Growth Council. The AHSC program provides grants and loans to applicants identified through a competitive process for the development of projects that create new affordable housing, achieve greenhouse gas reductions, and benefit communities through increased accessibility to affordable housing, employment centers, and key destinations via low-carbon transportation.
The purpose of the AHSC Program is to reduce greenhouse gas (GHG) emissions through projects that implement land-use, housing, transportation and agricultural land preservation. The AHSC Program seeks to accomplish a broad environmental objective, rather than just construct housing, making it a unique program in the field of affordable housing funding sources.
Specifically, it mandates that a certain amount of awarded funds be used for non-housing transportation related infrastructure and other infrastructure that provide reductions in GHG emissions. This allows the community to benefit not just from affordable housing but also from the associated infrastructure improvements. Projects awarded AHSC funds must include at least one Sustainable Transportation Improvements (STI) component and at least one Affordable Housing Development (AHD) and/or Housing Related Infrastructure (HRI) component.
Sugar Pine Village is a 248-unit affordable housing project currently under construction, with onsite community service facilities on 11.6 acres of land owned by the State of California (State).
In July 2020, the State announced it had selected Related Companies of California LLC (Related) in partnership with the St. Joseph Community Land Trust to construct and manage the Sugar Pine Village project. Two construction phases consisting of 128 units have been completed. The third construction phase consisting of 60 units is expected to be completed in Summer 2026. The fourth and final phase is in the process of securing financing.
On May 18, 2021 the City Council adopted Resolution 2021-035 authorizing the City of South Lake Tahoe to execute a grant application under the HCD Affordable Housing and Sustainable Communities Program as a joint applicant with the Related Companies of California LLC for the Sugar Pine Village affordable housing project at 1860 Lake Tahoe Blvd. and 1029 Tata Lane. 299
Council Agenda Report June 2, 2026 Page 2 of 3
On January 26, 2022, the City in partnership with Related and St. Joseph Community Land Trust were awarded $17,359,470 in AHSC funds, allocating $10,551,967 for Sugar Pine Village Phase 2A affordable housing development costs, and $6,807,503 for city and transportation improvements. These improvements include $2,422,543 for STI projects that include sidewalk, bike path, and multi-use trail improvements on Tata Lane, Julie Lane, Delta Street, B Street, and Lake Tahoe Boulevard. A second STI component was allocated $2,100,000 for the purchase of two Zero-Emission Vehicle buses to improve service on the Capitol Corridor Sacramento - South Lake Tahoe bus route. A solar project at the City’s corporation yard was allocated $2,000,000 as a Transportation Related Amenities (TRA) project.
Issue and Discussion: The Affordable Housing Development component of the AHSC funding that was awarded for Sugar Pine Village Phase 2A received their Certificate of Occupancy in July 2025 and was leased by November 2025. The solar project at the City’s corporation yard initiated planning in Summer 2025 and will be completed by Fall 2026, as part of the TRA component. The pedestrian/ bicycle improvements on streets surrounding Sugar Pine Village have been in the planning and design phase since Summer 2025 as part of the STI component. Construction is anticipated to begin in Summer 2026.
The second STI component is the procurement of two new buses and enhanced service for the Capitol Corridor Sacramento – South Lake Tahoe bus route. The City is one of the joint applicants for the AHSC grant and does not own transportation. As a result, the City requires an agreement to pass through funds for the purchase of the two buses and the service enhancement.
The Capitol Corridor Joint Powers Authority (CCJPA) is a partnership among six local transit agencies in an eight-county service area which shares the administration and management of the Capitol Corridor. El Dorado County Transit Authority (El Dorado Transit) provides public transportation for the western slope of El Dorado County, including the Connector route in association with Capitol Corridor and Amtrak from Sacramento to South Lake Tahoe. The Transit Service Agreement will be between the City, Capitol Corridor Joint Powers Authority, and El Dorado County Transit Authority.
Staff recommends that the City Council pass a motion to authorize and direct the Mayor to enter into a Transit Service Agreement with Capitol Corridor Joint Power Authority and El Dorado County Transit Authority to purchase two buses for an amount not to exceed $2,100,000 and to enhance service along the Sacramento – South Lake Tahoe bus route.
Financial Implications: The AHSC Round 6 award contains $6,807,503 of “non-housing” related improvements of which the City, as the joint applicant, carries the primary responsibility for completion. The Sustainable Transportation Improvements portion of the AHSC grant allocated $2,100,000 for the purchase of two Capitol Corridor buses. Additional service enhancements will be provided in-kind by the transportation agency. Expenditures consistent with and in compliance with the award agreement are reimbursable to the City up to the maximum agreed amount.
Environmental Considerations: For projects that satisfy criteria specified by SB 35, the guidelines issued by HCD specify that the California Environmental Quality Act (CEQA) does not apply to actions taken by a local government to provide financial assistance to a development that receives streamlined approval and that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code. 300
Council Agenda Report June 2, 2026 Page 3 of 3
Policy Implications: The recommended action is consistent with the City Strategic Plan which identifies supporting the Sugar Pine Village Project as Priority Item 1.1 and Strategic Priority 5 to Improve Transportation.
The recommended action is also consistent with the following adopted policies and programs:
City General Plan Housing Element
Policy 1-1 The City shall adopt programs, ordinances, incentives, land use plans and other regulatory mechanisms that provide opportunities for the private sector to address the housing needs of citizens of all economic levels.
Policy 2-5 The City shall recognize that it will become difficult to attract employees if they cannot afford to purchase or rent housing in South Lake Tahoe. The City shall encourage and support programs and activities that create a robust local economy that provides residents with good paying employment and the means to purchase and/or rent housing in the city.
Program 2-1 Pursue State and Federal Funds
To support the creation of quality, affordable housing options for extremely low-, very low-, and low-income households, the City shall seek and when appropriate and feasible pursue grant opportunities for state and federal funds.
City of South Lake Tahoe Climate Action Plan
Action Item LUP-1 Encourage complete neighborhoods
Promote complete and distinct neighborhoods through zoning and permitting that promote walking, biking, and taking transit to services to reduce vehicle use. Use incentives for zoning and transit-oriented development to site new development near jobs and transit, enabling a greater percentage of the workforce to live near work and transit. City neighborhoods should foster community pride, enhance public safety, and be family friendly.
Action Item LUP-2 Ensure a healthy jobs-to-housing balance by prioritizing dense mixed-use development
Implement GHG reductions through area plans by concentrating commercial and medium- to highdensity residential development near designated City centers that can be served efficiently by public transit and alternative transportation modes, such as major bike paths. Ensure that allocated land for parking areas is minimized and that pedestrian, bus, and bike pathways are available.
Action Item LUP-3 Prioritize workforce and affordable housing Use regulatory and voluntary tools to increase the inventory of workforce housing along existing and planned higher capacity bus routes, more frequent transit services, and near services and jobs. Identify additional affordable workforce housing opportunities as part of the General Plan update land use plan and future development projects. Work with developers to provide incentives for and encourage affordable housing projects.
301
TRANSIT SERVICE AGREEMENT
This Transit Service Agreement (“Agreement”) is made and entered into as of _________, 2026 (“Effective Date”), by and between the City of South Lake Tahoe (“City”), a California municipal corporation, Capitol Corridor Joint Powers Authority (“CCJPA”), a California joint exercise of powers agency, and El Dorado County Transit Authority (“El Dorado Transit”), a California joint exercise of powers authority. City, CCJPA, and El Dorado Transit may each be referred to herein as a “Party,” or collectively as the “Parties.”
RECITALS
A. The Related Companies of California, LLC, a California corporation (“Developer”), is developing certain real property in the City of South Lake Tahoe, California as an affordable housing project known as Sugar Pine Village Phase 2A (“the Project”) and is a third-party beneficiary to this agreement.
B. CCJPA is a partnership among six local transit agencies in an eight-county service area to deliver passenger train and bus service to the Sacramento region.
El Dorado Transit is under contract with CCJPA to operate bus service for the South Lake Tahoe to Sacramento route.
C. In connection with the development of the Project, Developer and City received a grant from the Affordable Housing and Sustainable Communities (“AHSC”) program (the “AHSC Grant”) through the State of California Strategic Growth Council and the Department of Housing and Community Development (“HCD”), which is memorialized in a Standard Agreement with HCD executed on August 25, 2025, and an AHSC Program Disbursement Agreement dated July 30, 2025 (collectively, the “Grant Agreements”, which are attached hereto and incorporated by reference as Exhibits A and B).
D. The AHSC program funds land-use, housing, transportation, and land preservation projects to support infill and compact development that reduces greenhouse gas emissions by improving mobility options and increasing infill development, which decrease vehicle miles traveled and associated greenhouse gas and other emissions.
E. The AHSC program features Eligible Capital Project types including Sustainable Infrastructure (“STI”). CCJPA and El Dorado Transit ("EDT") have a role in the STI portions of the Project involving the purchase of two renewable diesel buses (the “Bus Purchase”) to increase frequency of service on the South Lake Tahoe to Sacramento bus corridor from one to two daily trips on weekdays (the “Service Improvements”).
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F. City will contribute $2,100,000 from AHSC Grant funds to El Dorado Transit for the Bus Purchase.
G. CCJPA and El Dorado Transit are not contractors under the Standard Agreement with HCD for the AHSC Grant, but, as set forth herein, have obligations to complete/coordinate the Bus Purchase and make the related Service Improvements.
H. The Parties now wish to enter into this Agreement for the purpose of implementing and funding the Bus Purchase and to satisfy the requirements of the Grant Agreements.
NOW, THEREFORE, the Parties agree, contingent upon the execution of a valid operating agreement between CCJPA and EDT, as well as full state funding to the parties as described herein, as follows:
1. Bus Purchase
El Dorado Transit shall complete the Bus Purchase, all in accordance with, and subject to, the terms and requirements of El Dorado Transit’s procurement policies and procedures, this Agreement, and the Grant Agreements. El Dorado Transit shall issue a purchase order for the Bus Purchase no later than 90 days after execution of this Agreement, and shall ensure that the Bus Purchase is complete and the buses are delivered to El Dorado Transit and in operation by November 30, 2027 for compliance with the Grant Documents, which date may be extended by written concurrence from HCD.
The agreed-to amount of $2,100,000 in AHSC Grant funds is the City’s maximum contribution towards the Bus Purchase. Any costs for the Bus Purchase that exceed this amount will be paid by El Dorado Transit.
2. Service Improvements
Once the Bus Purchase is complete and the two new buses are in operation, CCJPA shall implement and maintain the Service Improvements for a minimum period of five (5) years.
3. Disbursement of AHSC Grant Funds
Following El Dorado Transit’s issuance of a purchase order for the Bus Purchase, El Dorado Transit shall submit to the City the purchase order which includes the Vehicle Identification Numbers for the buses purchased, along with such supporting documentation as reasonably requested by the City. The City shall immediately submit such purchase order to HCD for reimbursement. 303
Upon receipt of the requested AHCS Grant Funds from HCD, City will immediately deliver those funds to El Dorado Transit. El Dorado Transit and CCJPA shall reasonably assist City in complying with any requirements related to the expenditure of the AHSC Grant funds.
4. Indemnification
CCJPA and El Dorado Transit shall (each, respectively, an “Indemnifying Party”) indemnify, defend, and hold harmless City and its officers, officials, employees, agents and volunteers (collectively, “City Indemnitees”) from and against any and all liability, loss, damage, claims, expenses, and costs, including without limitation, attorney’s fees, costs and fees of litigation, (collectively, “Liability”) of every nature arising out of or in connection with the Indemnifying Party’s own breach of this agreement, use of the AHSC Grant funds, or operation of the Service Improvements.
5. Insurance
El Dorado Transit shall provide and maintain insurance coverage as set forth in item 7.11 of the Memorandum of Understanding for Thruway Bus Service between Sacramento and South Lake Tahoe between CCJPA and El Dorado County Transit Authority dated July 1, 2024, which item is hereby incorporated by reference.
6. Termination
Any Party, by written notice to the other Parties, may terminate this Agreement, in whole or in part, if there is a breach of this Agreement by another Party that is not cured within a reasonable period after the occurrence of such breach.
7. Notices
Formal notices, demands, and communications between the Parties shall be sufficiently given if, and shall not be deemed given unless, dispatched by registered or certified mail, postage prepaid, return receipt request, or delivered by express delivery service, return receipt requested, or personally delivered, as follows:
City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Attn: City Manager
CCJPA: Capitol Corridor Joint Powers Authority
2150 Webster St 3rd Fl
304
Oakland, CA 94612
Attn: Managing Director
El Dorado Transit: El Dorado County Transit Authority
6565 Commerce Way
Diamond Springs, CA 95619
Attn: Executive Director
7. Miscellaneous
A. Counterparts. This Agreement may be executed in any
number of counterparts, all of which shall be deemed one original and complete instrument.
B. Time. Time is of the essence for the performance of all obligations and the satisfaction of all conditions of this Agreement.
C. Covenant of Further Assurances. The Parties each agree to execute such other documents and perform such other acts as are consistent with this Agreement and the Grant Agreements and may be reasonably necessary or desirable to effectuate this Agreement.
D. Governing Law. This Agreement shall be governed by,
interpreted under, and construed and enforced in accordance with, the laws of the State of California. The exclusive venue for any action arising out of, or relating to the performance of, this agreement is in the Superior Court of El Dorado County, California.
E. Authority. Each party signing this Agreement has the right, power, legal capacity and authority to enter into and perform its obligations under the Agreement.
F. Entire Agreement. This Agreement constitutesthe complete and entire Agreement between the Parties and supersedes any prior representations, understandings, communications, commitments, agreements, or proposals, oral or written, regarding the subjects herein.
G. Amendment. This Agreement may only be amended by a
writing signed by the Parties hereto.
H. Waiver. The waiver or any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of 305
that term or any other term of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Transit Service Agreement of the first date set forth above.
CCJPA
Capitol Corridor Joint Powers Authority
By: Title:
Approved as to Form:
Office of General Counsel
EL DORADO TRANSIT
El Dorado County Transit Authority
By: Title:
Approved as to Form:
Office of General Counsel
CITY
City of South Lake Tahoe
By: Cody Bass, Mayor
Attest:
Susan Blankenship, City
Clerk Approved as to Form:
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Heather Stroud, City Attorney
307
EXHIBIT A
Standard Agreement
308
Exhibit C, GTC-04/2017 is deleted in its entirety and replaced with Exhibit C, GTC-02/2025. Wherever , the term "GTC-04/2017" appears in the contract it shall be replaced with the term "GTC-02/2025." 44 Exempt per: SCM Vol. 1 4.04.A.3 (DGS memo dated 6/12/1981) , Suite 400
Docusign Envelope ID: 3CE5AA28-F370-44A2-AC36-19599638B721 309
y
Ann Silverberg
Vice President
Docusign Envelope ID: 3CE5AA28-F370-44A2-AC36-19599638B721 8/21/25
8/21/25
08/25/205
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City of South Lake Tahoe
The Related Companies of California, LLC
St. Joseph Community Land Trust
21-AHSC-16960Am.1