Ukiah City Council
February 16, 2022

City Council
Regular Meeting
AGENDA
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February 16, 2022 - 6:00 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

3.a. Trench Cut Fee Study Presentation
Recommended Action: Receive presentation and provide any additional direction to Staff. Refer to Trench Cut Ad-Hoc for the development of implementation recommendations for Council's consideration at a later date.

Attachments:

1. NCE Ukiah Trench Cut Proposal FINAL

4. PETITIONS AND COMMUNICATIONS

5. APPROVAL OF MINUTES

5.a. Approval of the Minutes for the February 2, 2022, Special Meeting.

Recommended Action: Approve minutes for the February 2, 2022, special meeting.

Attachments:

1. 2022-02-02 Draft Minutes - Special Meeting

5.b. Approval of the Minutes for the February 2, 2022, Regular Meeting.

Recommended Action: Approve Minutes of the February 2, 2022, regular meeting Attachments:

1. 2022-02-02 Draft Minutes

6. RIGHT TO APPEAL DECISION

Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged.

7. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.

Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.

7.a. Report of Disbursements for the Month of January 2022

7.b. Approval of a Four-Year Cooperative Agreement for Dispatch Services with the California Department of Forestry and Fire Protection in an Amount not to Exceed $1,540,822.

Recommended Action: Approve the updated four-year cooperative agreement for dispatch services with the California Department of Forestry and Fire Protection, and authorize the City Manager to sign.

Attachments:

1. Updated Dispatch Agreement

7.c. Notification to City Council of Contract No. 2122-163 with Flock Group Inc. for the Rental of Two Cameras in the Amount of $10,500 for the Ukiah Valley Fire Authority.

Recommended Action: Receive notification of Contact No. 2022-163 with Flock Group INC.

Attachments:

1. Flock Group Inc - Contract

7.d. Adoption of Resolution Authorizing Submittal of an Application to the California Department of Housing and Community Development for Funding under the HOME Investment Partnerships Program; and if Selected, the Execution of a Standard Agreement, Any Amendments Thereto, and of Any Related Documents Necessary to Participate in the HOME Investment Partnerships Program, as well as Authorization of the Corresponding Budget Amendments.

Recommended Action: Adopt resolution authorizing submittal of an application from the City of Ukiah for $700,000 in HOME Investment Partnerships Program funds for the deployment of a First-Time Homebuyer Program; and if selected, authorize the City Manager to execute the standard agreement, any amendments thereto, and any related documents necessary; and authorize the corresponding budget amendments if awarded the grant.

Attachments:

1. 2020-2021 HOME NOFA Final 12-1-2021

2. 2021 HOME Income Limits

3. 2022 HOME FTHB Application Resolution

7.e. Adoption of Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic.

Recommended Action: Adopt a Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings during a Proclaimed State of Emergency Due to the COVID-19 Pandemic.

Attachments:

1. AB 361 Findings Reconsideration for All Legislative Bodies 2 16 22

7.f. Possible Adoption of Ordinance Restricting the Retail Sale of Nitrous Oxide.

Recommended Action: Adopt the Ordinance Restricting the Retail Sale of Nitrous Oxide.

Attachments:

1. Nitrous Oxide Sales Ordinance Introduced

7.g. Award Purchase to Steven Engineering, for a Vibration Monitoring System for Pumps and Motors for the Waste Water Treatment Plant, in the Amount of $33,312.31.

Recommended Action: Award Purchase to Steven Engineering, for a Vibration Monitoring System for Pumps and Motors for the Waste Water Treatment Plant, in the Amount of $33,312.31.

Attachments:

1. Quote Steven Eng

2. Bid Tab - E38933

7.h. Notification of the Purchase of Axon Fleet 2 Car Camera Five-Year Service Agreement in the Amount of $63,912.61.

Recommended Action: Notification of purchase of Axon Fleet 2 Car Camera Five-Year Service Agreement in the amount of $63,912.61.

Attachments:

1. Axon Quote

2. Axon Receipt

3. Axon Packing Slip

7.i. Adoption of a Resolution of Notice of Intent to Comply with Regulatory Requirements of Senate Bill 1383, Short-Lived Climate Pollutants: Organic Waste Reductions, and Authorize the Submittal of Intent to Comply to CalRecycle.

Recommended Action: Adopt proposed resolution of Notice of Intent to Comply with Regulatory Requirements of Senate Bill 1383, Short-Lived Climate Pollutants: Organic Waste Reductions, and Authorize the Submittal of Intent to Comply to CalRecycle.

Attachments:

1. NOI to Comply Resolution

2. NOI to Comply Application (Exhibit A to Resolution)

7.j. Approval of Change Order #13 to Ghilotti Construction in the Amount of $53,242.91 for Traffic Signal Revisions and Other Amenities to the Downtown Streetscape and Road Diet Project, Specification #19-18 and corresponding budget amendment from the General Fund in the amount of $15,693.96.

Recommended Action: Approval of Change Order #13 to Ghilotti Construction in the Amount of $53,242.91 for Traffic Signal Revisions and Other Amenities to the Downtown Streetscape and Road Diet Project, Specification #19-18 and corresponding budget amendment from the General Fund in the amount of $15,693.96.

Attachments:

1. Spec 19-18_CCO 13_draft

7.k. Approval of Purchase of Vendor Cloud Hosting of Tyler Munis Enterprise Resource Planning (ERP) Finance System Servers, in the Amount of $170,296.00.

Recommended Action: Approve purchase of Vendor Cloud Hosting of Tyler Munis Enterprise Resource Planning (ERP) Finance System Servers, in the Amount of $170,296.00.

Attachments:

1. Tyler Supportive Information

2. Ukiah TCO

3. Ukiah SaaS Quote

7.l. Adoption of Resolution Opposing Initiative 21-0042A1 Recommended Action: Adopt resolution opposing Initiative 21-0042A1

Attachments:

1. CBRT Measure Opposition Fact Sheet (1-11-22)

2. Legal Analysis 01-20-22 AG FINAL

3. CBRT Fiscal Analysis (1-11-22)

4. Resolution_Oppose Initiative 21-0042A1_021622

5. 2_2_22_Broad Coalition Opposes CBRT Measure_FINAL38

8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.

9. COUNCIL REPORTS

10. CITY MANAGER/CITY CLERK REPORTS

11. PUBLIC HEARINGS (6:15 PM)

11.a. Approval of Application to Demolish Two Structures over the Age of 50 Years Located at 1100, 1102, and 1104 South State Street.

Recommended Action: 1) Conduct the public hearing; and 2) Approve the application to demolish two structures located at 1100, 1102 and 1104 South State Street.

Attachments:

1. Vicinity Map and Site Photos

2. UCC Section 3016, Modifications to the California Building Code

3. Demolition Review Commmittee_Draft Minutes_February 2 2022

4. Memorandum from Building Official

11.b. Conduct a Public Hearing and Consider Adopting Respective Resolutions Authorizing Electric Revenue Bonds, Series 2022 to Make Capital Improvements to the City's Electric System.

Recommended Action: Adopt a resolution authorizing the issuance of electric revenue bonds and authorizing the City Manager to execute all related documents for the improvement to various capital assets of City's electric system.

Attachments:

1. City Reso - Ukiah Electric, 2

2. Authority Reso - Ukiah Electric, 2

3. Installment Sale Agmt

4. Indenture

5. POS

6. Purchase Contract

12. UNFINISHED BUSINESS

12.a. Receive Status Report and Consider Any Action or Direction Related to the Novel Coronavirus (COVID-19) Emergency Including Operational Preparedness and Response; Continuity of City Operations and Services; Community and Business Impacts; and Any Other Related Matters.

Recommended Action: Receive status report and consider any action or direction related to the Novel Coronavirus (COVID-19) Emergency including operational preparedness and response; continuity of City operations and services; community and business impacts; and any other related matters.

Attachments: None

12.b. Award Professional Services Agreement to GHD Engineers, Inc. in the Amount of $239,393 to Prepare the Plans, Specifications, and Estimate for the Talmage Road Rehabilitation Project, and Approve Corresponding Budget Amendments.

Recommended Action: Award professional services agreement to GHD Engineers, Inc. in the amount of $239,393 to prepare the plans, specifications, and estimate for the Talmage Road Rehabilitation Project, and approve corresponding budget amendments.

Attachments:

1. RFP Talmage Rehabilitation

2. GHD - Talmage Road Rehabilitation Project

3. GHD - Talmage Road Rehabilitation Project - Fee Proposal

12.c. Award Professional Services Agreement to Coastland in the Amount of $285,353 to Prepare the Plans, Specifications, and Estimate for the Main Street Utilities Improvement Project, and Approve Corresponding Budget Amendments.

Recommended Action: Award professional services agreement to Coastland in the amount of $285,353 to prepare the plans, specifications, and estimate for the Main Street Utilities Improvement Project, and approve corresponding budget amendments.

Attachments:

1. RFP Main Street Utilities

2. Coastland - Main Street Utility Improvement Project

3. Coastland - Main Street Utility Project_Fee Proposal

12.d. Award Professional Services Agreement to BKF Engineers in the Amount of $308,031 to Prepare the Plans, Specifications, and Estimate for the East Perkins Widening Project, and Approve Corresponding Budget Amendments.

Recommended Action: Award professional services agreement to BKF Engineers in the amount of $308,031 to prepare the plans, specifications, and estimate for the East Perkins Widening Project, and approve corresponding budget amendments.

Attachments:

1. RFP East Perkins Widening

2. BKF - East Perkins Widening Project

3. BKF - East Perkins Widening Project - Fee Proposal

12.e. Receive Annual Progress Reports on the 2019-2027 Housing Element and 1995 (Current) Ukiah Valley General Plan; and Provide Direction as Necessary.

Recommended Action: Receive reports and provide direction as necessary.

Attachments:

1. 2021 HCD APR - Housing

2. 2021 OPR APR - General Plan

12.f. Consideration of Financial Contribution in the Amount of $50,000 to the Inland Water and Power Commission for Legal Services Related to the Potter Valley Project.

Recommended Action: Staff recommends Council request a written proposal from IWPC Board that details a revised fund request including an updated scope, use and need.

Attachments: None

12.g. Mid-year Budget Report for Fiscal Year 2021-22.

Recommended Action: Council to receive the mid-year budget report for fiscal year 2021-22 and review, consider, and discuss updates on current stated objectives. In addition, the Council will review preliminary draft departmental objectives for the fiscal year 2021-22 and receive a preliminary update of the City's five-year capital improvement plan.

Attachments:

1. CIP -5 year-FYE 2022 - Final

13. NEW BUSINESS

13.a. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).

Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s).

Attachments:

1. 2022 City Council Special Assignments

14. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING

14.a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3))
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1)
Recommended Action:

Attachments: None

14.b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2)or(3))
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 potential case, involving possible termination of construction contract for cause) Recommended Action:

Attachments: None

14.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 Recommended Action:

Attachments: None

14.d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-20-74612 Recommended Action:

Attachments: None

14.e. Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT-15-66036
Recommended Action:

Attachments: None

14.f. Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603
Recommended Action:

Attachments: None

14.g. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Gerardo Magdaleno, by and through his Guardian Ad Litem, Pedro Francisco Magdaleno v. City of Ukiah, Justin Wyatt (Fed. Dist. Ct. N.D. Cal.) 3:21-2609 VC.

Recommended Action:

Attachments: None

14.h. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 003-500-19; 003-190-08; 057-050-12; 157-050-11; 157-060-003; 001- 040-83;157-050-03, 157-060-02, 157-050-04, 157-050-03, 157-030-02, 157-050-01, 157-050- 02, 157-050-10, 157-050-09, 157-070-01, 157-070-02, 003-190-01; 003-181-01; 003-582-38 Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Dave Hull and Ric Piffero
Under Negotiation: Price & Terms of Payment
Recommended Action:

Attachments: None

14.i. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
Recommended Action:

Attachments: None

15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.

Kristine Lawler, CMC/City Clerk
Dated: 2/11/22

Agenda Item No: 3.a.

MEETING DATE/TIME: 2/16/2022
ITEM NO: 2022-1301

AGENDA SUMMARY REPORT
SUBJECT: Trench Cut Fee Study Presentation
DEPARTMENT: Public Works PREPARED BY: Andrew Stricklin, Associate Engineer PRESENTER: Tim Eriksen, Director of Public Works / City Engineer
ATTACHMENTS:

1. NCE Ukiah Trench Cut Proposal FINAL
Summary: Council will receive a presentation by City Staff and contract consultant NCE regarding a recentlycompleted Trench Cut Fee Study and Implementation. Background and findings will show the impact both residential and commercial construction cuts into the roadway have on the condition and lifetime of a street and what type of remediation or fee could be applied to offset such deterioration.

Background: With the implementation of Measure Y to rehabilitate the streets of Ukiah, many streets have recently been paved and many more are designed and will soon be completed. Since work from other utilities, including those that are City owned, affect the future condition of these improved streets, staff recommended that a trench cut fee should be implemented to recoup the necessary rehabilitation costs resulting from the decreased road lifespan. At the December 2, 2020 Council meeting, a contract was awarded to Nichols Consulting Engineers (NCE) to complete this study and return with a presentation to Council. See Attachment 1 for project proposal by NCE.

Discussion: Problems associated with the performance of pavement cuts and street repairs have been a concern to public agencies for many years. Public agencies and utilities have sponsored engineering investigations, and these studies indicate that the life expectancy of a street may be reduced by the presence of pavement cuts. Trench cut fees are very common among municipalities in California.

Such fees are structured based on pavement age, type of pavement treatment, type and size of cut, as well as other factors. NCE has completed this study and will show the financial cost and impact the City faces with roadway construction from residential, commercial and municipal projects.

Following the presentation and delivery of the final report, Staff will continue engagement with the Trench Cut Ad-Hoc consisting of Mayor Brown and Councilmember Crane to develop recommendations for Council's consideration at a later meeting date.

Recommended Action: Receive presentation and provide any additional direction to Staff. Refer to Trench Cut Ad-Hoc for the development of implementation recommendations for Council's consideration at a later date.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Tim Eriksen, Director of Public Works / City Engineer

October 29, 2020
Trench Cut Fee Study and Implementation
City of Ukiah

PROPOSAL
Submitted By:

Point Richmond Office
501 Canal Blvd, Suite I
Richmond, CA 94804
Phone: 510.215-3620
Attachment 1

City of Ukiah
Trench Cut Fee Study and Implementation
Opp No. 1145.01.55
Page | iii
Table of Contents
Cover Letter .................................................................................................................................................................. 1 Contract Approach and Schedule .................................................................................................................................3 Project Understanding..............................................................................................................................................3 Scope of Work........................................................................................................................................................... 4 Task 1: Summarize Utility Cut Fee Studies............................................................................................................4 Task 2: Engineering Approach & Analyses............................................................................................................5 Task 3: Develop Fee Schedule and Report............................................................................................................7 Task 4 – Develop Fee Ordinance and Council Presentation .................................................................................8 Schedule.................................................................................................................................................................... 8 Contract Team .............................................................................................................................................................. 9 NCE Key Personnel..................................................................................................................................................10 References..................................................................................................................................................................12 Addendum ..................................................................................................................................................................18 Exceptions...................................................................................................................................................................19 Insurance Requirements.........................................................................................................................................19 Appendices
A Staff Resumes

Point Richmond, CA
501 Canal Blvd, Suite I
Richmond, CA 94804
(510) 215-3620
Cover Letter
October 29, 2020
Mr. Daniel Flores
Engineering Technician
City of Ukiah
Public Works Department
300 Seminary Avenue
Ukiah, CA 95482-5400
Subject: Proposal –Trench Cut Fee Study and Implementation Dear Mr. Flores and Members of the Selection Committee:

NCE understands that the City of Ukiah desires to evaluate the impacts of utility cuts on the service life of pavements and to develop appropriate mitigation measures, including a fee schedule.

We have extensive experience performing similar pavement related studies for public agencies throughout California and the U.S. We are a nationally recognized pavement specialty firm with broad capabilities and expertise in the areas of pavement research, analysis and design, and we bring to the City of Ukiah the following:
 Familiarity with Ukiah Streets – NCE successfully updated the City’s StreetSaver® pavement management system in
2016-2017; our familiarity with the City’s street network enables us to identify the appropriate streets to be
tested/evaluated for this study. We can easily locate
sections with trench cuts, their maintenance histories and determine the best candidates for evaluation.
 National Expertise in Pavement Technology – NCE is a
unique civil engineering firm in that we have a pavement research division that conducts applied research and
engineering studies for the Federal Highway
Administration and state highway agencies. The map to the right illustrates clients where we have conducted
pavement related studies.
 Extensive Experience – we have performed similar utility trench cut studies for the Cities of Sacramento,
Philadelphia, Seattle, Anaheim, Pacifica, Chico, Elk Grove, Bishop and the Regional Transportation Commission for
Southern Nevada (Las Vegas).
 Performed Truck Impact Fee Studies for the Cities of
Pacifica, Carmel-By-The-Sea, Walnut Creek, San Bruno,
Highlands, San Joaquin Irrigation District and UC Davis.  Demonstrated Experience with implementation of
pavement management programs; NCE has worked with more than 200 public agencies in California (more than 300 nationwide).

Point Richmond, CA
501 Canal Blvd, Suite I
Richmond, CA 94804
(510) 215-3620
 Expertise in Practical Pavement Designs based on using deflection testing and analysis, which will be employed on this project.
 Extensive Working Knowledge with StreetSaver® – The NCE team has worked with StreetSaver® for more than 30 years. We have worked with more than 200 public agencies, throughout California, Nevada, Washington, Oregon and the nation, on similar projects.  Rigorous Quality Control – NCE’s projects include a QC manager, who reports directly to the project manager and provides a thorough review of documents prepared for deliverables.

NCE’s team has worked together on many projects and will provide the City with the technical and management experience to address the data collection, work plan, analysis, and reporting required. Our highly trained and capable technical staff are experienced in data collection. We have developed an excellent reputation for dedication, integrity, productivity, quality of work, and service to our clients.

Finally, we would like to emphasize again the uniqueness of NCE’s qualifications and experience. We are a pavement specialty firm, with a depth of knowledge that extends from research and studies to evaluation and design. Our clients range from the Strategic Highway Research Program (SHRP) to state highway agencies, such as Caltrans to local cities and counties. We perform state-of-the-art pavement research and analysis and we are able to convert the results into practical solutions for local implementations including fee studies.

NCE has the capability to deliver responsive, cost effective and high-quality pavement management services. These services will be accomplished through a systematic and organized method of work and communication led by Ms.

Mei-Hui Lee, PhD, PE, as NCE’s proposed Project Manager.

Contract Manager
Margot Yapp, PE is authorized to negotiate and contractually bind NCE to the City’s agreement. Her contact information is as follows:

Ms. Margot Yapp, PE NCE Office Address:

Phone: (916) 388-5655 501 Canal Blvd, Suite I
Email: [email protected] Richmond, CA 94804
The NCE team is prepared to meet the upcoming challenges of this project. NCE looks forward to your favorable review of our proposal and the opportunity to work with the City. This proposal is a firm offer for a minimum period of thirty (30) days after the submittal date. Please do not hesitate to contact Margot at the number shown above with any questions.

Sincerely,
NCE
Margot Yapp, PE Mei Hui Lee, PhD, PE
President/Principal-in-Charge Project Manager

City of Ukiah
Trench Cut Fee Study and Implementation Services
Opp No. 1145.01.55
Page | 3
Contract Approach and Schedule
Project Understanding
Interest in the impact of utility cuts on roadway performance has been prevalent among cities and counties for the last 30 years. There are extensive published and unpublished reports and literature on this subject, dating back to the 1940s, but in general, reports since 1990 are most relevant to this study. The City of Sacramento was a pioneer in this area with its 1996 study and excavation cost recovery fees. The fees were structured based on pavement age, trench directions, and size of excavation. Since that time, multiple agencies across California and the United States have conducted similar studies.

NCE understands that the City of Ukiah is seeking a consultant to perform a Trench Cut Study on its 53 centerline miles of streets, and assist in the implementation of the proposed recommendations, including a fee ordinance.

Problems associated with the performance of pavement cuts and street repairs have been a concern to public agencies for many years.

Public agencies and the utilities have sponsored engineering investigations and these studies indicate that the life expectancy of a street may be reduced by the presence of pavement cuts. Most of these studies focus on the impact of backfill placement and specification on potential surface settlement, rather than the impacts of cuts on the frequency of maintenance and rehabilitation activities.

NCE’s past reviews have found that findings from studies funded by utility companies and public agencies are often contradictory. Therefore, care needs to be taken when reviewing the technical approach used and the results.

Examples of agencies where similar studies have been performed include San Francisco, Santa Ana, Seattle, Los Angeles, Cincinnati, Phoenix, Union City, Ottawa (Canada), League of Arizona Cities and Counties, Indiana Local Agencies, San Mateo County and Alameda County. NCE is currently conducting a similar study for the Cities of Anaheim and Pacifica; additionally, we are currently updating Sacramento’s original study.

NCE understands that the City of Ukiah desires to evaluate the impact of utility cuts on the structural integrity or functional performance of pavement. Should there be any impacts, appropriate mitigation measures are to be developed, including a fee schedule.

NCE’s technical approach will include the following tasks:
 Research and summarize other studies related to street deterioration and rehabilitation costs from pavement utility cuts and trenches;
 Determine a methodology to establish the impacts of utility cuts/trenches;  Perform a comprehensive pavement analysis to determine the extent of damage to the City’s streets;  Determine the loss of street life as a result of pavement cuts and determine the resultant rehabilitation costs;
 Develop an impact fee schedule relative to pavement cuts; and  Summarize all findings in a report.

City of Ukiah
Utility Trench Cut Fee Study and Implementation Services October 29, 2020
Page | 4
Scope of Work
The following paragraphs describe in more detail NCE’s proposed scope of work.

Task 1: Summarize Utility Cut Fee Studies
In this task, NCE will first schedule a kickoff meeting with City staff to review:
 Project scope, deliverables and timeline
 Review of existing information on pavement sections
 Review current restoration standards and practices
 Review historical data available such as age of trenches and pavements, and maintenance and rehabilitation activities
 Review previous study report and approaches
 Review typical maintenance and rehabilitation practices and costs  Review existing maintenance/pavement cut record-keeping procedures Next, NCE will conduct a detailed review of those studies that are most pertinent to the City including any followup information (i.e., economic impacts, associated costs, fees and ordinance development, agency adoptions and implementation). Many of these studies were performed over 15-20 years ago as shown in the bibliography below, but some are relatively recent.
 Bodocsi, A., et al. Impact of Utility Cuts on Performance of Street Pavements. Department of Civil and Environmental Engineering, University of Cincinnati, Cincinnati, OH, 1995.  Chow, C. A., and V. B. Troyan. Quantifying Damage from Utility Cuts in Asphalt Pavement by Using San Francisco’s Pavement Management Data. Transportation Research Record: Journal of the Transportation Research Board, No. 1655, 2007.
 Lakkavalli M, V. et al. Challenges in Utility Coordination and Implementation of Pavement Degradation Fees.

Conference of the Transportation Association of Canada, 2015.  Karim, M. M. A., et al. Effect of Utility Cuts on Serviceability of Pavement Assets – A Case Study from the City of Calgary. Pavement and Asset Management Session of the Annual Conference of the Transportation Association of Canada, 2014.
 Marcus W. B. Economic Report: Estimated Costs of Accelerated Repaving Required As a Result of Utility Excavations in San Francisco Streets. City and County of San Francisco, CA, 1998.  Shahin, M. Y., and J. A. Crovetti. Analysis of the Impact of Utility Cuts on Pavement Life and Rehabilitation Cost in Prince George’s County, MD. Prince George’s County, MD, 2002.  Shahin, M. Y., et al. The Effects of Utility Cut Patching on Pavement Life Span and Rehabilitation Costs. City of Los Angeles, CA, 1996.
 Shahin, M. Y., et al. Costing the Effects of Utility Cuts in the Life Cycle of Asphalt Pavements. City of Burlington, VT, 1986.
 Stephen Q. S. and K. A. Lauter. Using Pavement Management System Concepts to Determine the Cost and Impact of Utility Trenching on an Urban Road Network. Transportation Research Record: Journal of the Transportation Research Board, No 1699, 2000.
 Torbaghan, M.E., et al. Investigating the Relationship Between Trenching Practice and Road Deterioration.

Infrastructure Asset Management, 2020.

Generally, the results of studies conducted by public agencies show that the presence of utility cuts lower measured pavement condition scores (indexes) compared to pavements of the same age with no utility cuts. The link between the presence of utility cuts and accelerated pavement deterioration is accepted by most agencies. The San Francisco study concedes that high-quality workmanship in the repair of utility trenches may reduce the structural damage to the pavement, but contends that lower ride quality and increased cracking still result and, therefore service life is diminished.

City of Ukiah
Utility Trench Cut Fee Study and Implementation Services October 29, 2020
Page | 5
Task 2: Engineering Approach & Analyses
There are two primary methodologies
that have been utilized; either using
pavement condition data and statistical
(or functional) analyses to develop
performance models, or a structural
analysis using deflection testing to
quantify the impacts of utility cuts (NCE
employed both approaches for Seattle
and is currently conducting a similar
scope for Anaheim).

The first requires a pavement
management system that contains
sufficient historical data so that streets
with and without utility cuts can be
compared. An example of such an
approach is shown in the chart on the right (Figure 1) from San Francisco. However, it can be challenging to get sufficient data, primarily because few agencies have accurate data on pavement age beyond 10-15 years.

The pictures below (Figure 2) illustrate streets with and without cuts and the impacts on the PCI.

In this task, NCE will therefore review the City’s StreetSaver® database to extract sections with utility cuts and compare their PCIs before and after the cuts. In order for the statistical analyses to be viable, several hundred data points will be required. Pavement distress details or available images will be reviewed to verify the presence and condition of the utility cuts.

Figure 1. City of San Francisco – Pavement Condition by Age and Utility Cut 2016 PCI = 83 2019 PCI = 48
2016 PCI = 79 2020 PCI = 61
Figure 2. Comparison of Pavement Condition With and Without Utility Cuts

City of Ukiah
Utility Trench Cut Fee Study and Implementation Services October 29, 2020
Page | 6
Figure 4. Differences in Overlay Thicknesses On and Adjacent to Utility Cut The second, more common approach, was pioneered in Sacramento, and relies on the use of deflection testing to determine the impacts. The premise is that cutting into a pavement will structurally weaken the surrounding areas due to the “slumping” effect. Deflection testing can be used to establish the relative loss of structural capacity resulting from the presence of pavement cuts. This loss of structural capacity necessitates thicker overlays, thus increasing the cost of rehabilitation for a street with pavement cuts over the costs for a street without cuts.

This approach is most successful when used on
pavements that have higher traffic volumes
(such as arterials) and the pavement section
must be known (either through cores or asbuilts). A sample testing plan is shown to the right (Figure 3) for both longitudinal and
transverse cuts. The deflection points 10 feet
away from the cut act as the “control” section
and provide a comparison of the pavement
performance if there was no cut.

NCE will use the structural capacities of the
sections with and without pavement cuts to
determine the reduction in pavement life using
mechanistic analysis. In addition, the required
overlay thickness will be determined for each
section. Figure 4 below clearly shows that the age of the pavement adjacent to the cut has a higher overlay thickness required.

By comparing the costs of overlays for sections with and without pavement cuts, the increased cost attributable to the pavement cut can be determined.

Figure 3. Example of Deflection Testing Plan
-6
0 6
0 5 10 15 20
Site Number
AC Overlay Thickness Diff. (in)
Age Group 1
Age Group 2
Age Group 3
Age Group 4

4.4 4.4 4.4

4.2 5.9

5.1 1.7

4.5 0
2 4
6 8
10 12
Patch 2-ft 4-ft Control
AC Thickness (in)
Required AC Overlay Thick.(in)
Exist AC Thick. (in)

City of Ukiah
Utility Trench Cut Fee Study and Implementation Services October 29, 2020
Page | 7
Task 3: Develop Fee Schedule and Report
NCE will then develop a fee schedule that will recover the full impacts of pavement cuts. Typical costs of repairs and types of repairs will be obtained from the City and used to determine the fee. This should be from recent bid tabs and include cost data such as:
 Construction and construction management of pavements  Design
 City overhead
 Non-pavement items such as striping, traffic control, signal loops etc.  Others as relevant
We will also review the different methodologies for recovering rehabilitation costs due to pavement cuts. In particular, the trigger points for overlays will be discussed. A sample of various fee schedules are shown in the below table. The results will be documented in the report for the City’s review.

CITY FEE SCHEDULE COMMENTS
Los Angeles, CA $3.43 - $14.08 per SF Decreases with age. Considering flat fee.

San Francisco, CA $3.50 - $1.00 per SF Decreases with age.

Union City, CA $17.50 per LF Single flat fee.

Oxnard, CA $0.55 per SF
Bakersfield, CA $4.50 - $8.50 per SF
Redlands, CA $0.25 - $2.00 per SF Decreases with age and condition.

Seattle, WA $17.70 per SF Single flat fee.

Pennsylvania, PA $2.24 per SF Trigger level of 30%
In addition to the fee analysis, NCE will review moratoria from other agencies, and provide a recommendation to the City. After the analysis is completed, NCE will prepare a draft study report for the City to review. Upon receipt of the comments on the draft report, NCE will complete the final report for submittal. The report will include the following:
 Introduction/Background
 Results of literature reviewed
 Study approach
 Results of deflection testing analysis
 Results of pavement management program (PMP) statistical analysis  Description of analysis results determining the impact of trench/pavement cuts on pavements  Comparison of results with other studies
 Recommendations for rehabilitation actions due to the presence of trenches  Estimate of repair costs required for pavements with and without cuts  Recommended fee schedule
DELIVERABLES:
 Draft report
 Final report

City of Ukiah
Utility Trench Cut Fee Study and Implementation Services October 29, 2020
Page | 8
Task 4 – Develop Fee Ordinance and Council Presentation In this task, NCE will assist the City in developing a fee ordinance and present our findings to the City Council. This will include the methodology employed, a discussion of alternatives, an alternatives analysis and recommendations.

Prior to the workshop, NCE will meet with City staff to review the presentation and modified as needed.

NCE has conducted many similar presentations, both to a technical and a non-technical audience. Typically, audiences such as a technical advisory committee will “dive deep” into the technical details. In contrast, City Council may focus only on the policy recommendations. Either way, NCE will provide City staff with the support desired.

It is assumed that this workshop will be conducted in person at the City, unless the current COVID-19 environment necessitates a virtual setting.

DELIVERABLES
 PowerPoint presentation
Schedule
The project schedule assumes a notice to proceed on December 1st, 2020 and a kickoff meeting scheduled by December 4th, 2020. In addition, two weeks is included for City’s review of the draft report. It is NCE’s experience that if the review includes the City Attorney’s office, this may require additional time. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

1. Kickoff Meeting and Summarize Utility Cut Fee Studies

2. Engineering Approach & Analysis
A. Structural Analysis - Deflection Testing
B. Statistical Analysis - PMP Data (optional)

3. Develop Fee Schedule & Final Report
Draft Report
City Review
Final Report

4. City Council Presentation
Assumptions:

Assumes no weather delays for Task 2A.

To be Determined
Task Description Weeks from Notice To Proceed

City of Ukiah
Trench Cut Fee Study and Implementation Services
Opp No. 1145.01.55
Page | 9
Figure 5. Organization Chart
Contract Team
NCE brings a collaborative and innovative problem-solving mentality to address the technical challenges facing the City’s pavement issues. Our key personnel have worked together on dozens of projects. The single most important tool for successful project management is clear, consistent and cooperative communication. As Project Manager, Dr. Mei-Hui Lee, PE will communicate regularly with the City regarding the progress of the study. She has conducted similar pavement impact studies for other agencies (Sacramento and Pacifica), is knowledgeable about the technical resources of the firm, managed and provide quality control for engineering projects, understands public sector contracts and contracting and has the authority to recruit resources within the firm and will work closely with the team and the City to make resources available on a short order basis. She will work closely with the team and the City to apply new ideas grounded in results gained to date from previous trench cut impact studies that she managed to successful conclusion and implementation.

We have assembled a team of professionals (Figure 5) with demonstrated experience providing services for similar types of programs – people who will take an outside of the box approach to problem-solving and who have the ability to draw upon established and new technologies to develop solutions. Our staff benefits from an investment in continuous training in emerging design and construction techniques and routinely shares their technical knowledge with others in the engineering community through teaching seminars, workshops and publication of articles in professional journals. NCE, with a staff of over 110 employees, is committed to providing the staff presented within this section. These individuals will be ready to begin work upon notice to proceed from the City.

Our key personnel will be available throughout this contract.

City of Ukiah
Utility Trench Cut Fee Study and Implementation Services October 29, 2020
Page | 10
Studies to determine the impacts of different truck loads such as construction or garbage trucks are similar in
nature, and have the same objective of quantifying the
increased maintenance costs.

Provided on the following pages are resumes for the NCE team that will provide the trench cut fee study related services to the City.

NCE Key Personnel
Ms. Margot Yapp, PE is NCE’s proposed Principal-in-Charge. Ms. Yapp’s expertise in pavement studies, design and management lies in the intersection of research and implementation. The path began during her senior year of college with her honors project and continued through research she conducted while obtaining her master’s degree. Mentored by a nationally known pavement engineer at the start of her career, Ms. Yapp met leading pavement researchers and learned practical aspects of applying research. She has taught workshops on pavement management systems for the National Highway Institute and the Federal Highway Administration.

Of particular interest to this project, is her experience working on numerous pavement impact studies caused by different truck traffic as well as those from utility cuts. She has used a variety of rigorous technical approaches to determine these impacts such as:
 Development of an experiment design to ensure that all variables affecting pavement impacts are included  Rigorous statistical analyses to ensure that results and conclusions are significant  Pavement structural analysis, including the use of deflection testing  Pavement condition analysis, employing the use of pavement management data In each case, the appropriate technical approach was selected depending on the type of study and the data available.

Ms. Yapp was the Project Manager for the City of Ukiah’s PMP update and was the Project Manager for similar trench cut studies in Chico, Santa Rosa, Seattle, Philadelphia and Anaheim. She is currently the Project Manager for the California Statewide Local Streets and Roads Needs Assessment and will bring a wealth of knowledge and expertise on statewide funding issues.

Ms. Mei-Hui Lee, PhD, PE is NCE’s proposed Project Manager. She has 10+ years of experience in pavement engineering and is certified by the MTC inspector certification testing program and has expertise in performing
condition surveys. Dr. Lee is also well experienced
with updating maintenance and rehabilitation
decision trees and the treatment unit costs, and the
development of budget scenarios and summary
reports. She has developed cost-effective
maintenance treatments and strategies, prepared
custom multiple-year detailed street maintenance plans and budget option reports and linked GIS maps with management sections in the client’s PMP database. She is currently updating the City of Sacramento’s trench cut fee ordinance and developing something similar for Pacifica and Elk Grove.

NCE has performed numerous utility cut
impact studies, usually with the objective of
quantifying the required maintenance costs
due to decreased pavement life. Fee schedules
and/or ordinances were then developed to
capture these costs.

City of Ukiah
Utility Trench Cut Fee Study and Implementation Services October 29, 2020
Page | 11
Mr. James Signore, PhD, PE is NCE’s proposed QC Manager. Dr. Signore has been involved in the pavement field for 25 years performing research, consulting, and teaching. He has worked with many local agencies in reviewing their pavement strategies and paving practices such as the Cities of Davis, Elk Grove, Folsom and the Counties of Sacramento, Madera, Sonoma, Trinity, and San Joaquin. Currently, he is the Principal Investigator to Caltrans for an on-call pavement engineering services project, where he is responsible for addressing issues related to pavement materials, design and testing throughout California.

In addition, Dr. Signore is a Member of the Transportation Research Board Committee AFD70, Pavement Rehabilitation, AFD70-1, Pavement Interlayer Systems and the FAA Airport Pavement Technical Working Group.

Ms. Sharlan Dunn, PhD, EIT, proposed Project
Engineer, earned her PhD in civil engineering with
an emphasis in pavement and materials. Dr. Dunn
has extensive research experience in pavement
design, management, and materials. She also has
expertise in the areas of pavement distress data
collection, analysis and QC; M&R decision trees
and treatment unit costs; multiple-year budget
scenario analyses; and summary reports. She has
developed and updated similar trench cut studies for Sacramento, Anaheim and Pacifica, as well as pavement management system plans for the Cities of Sacramento, Citrus Heights, Davis, and Oakland and the Counties of Sacramento, Monterey and Calaveras.

Mr. Mike Esposito is NCE’s proposed Field Supervisor. Since joining the firm in 1994, he has grown with the company and performs several functions essential to NCE and its clients. He has supervised and conducted transportation asset management on numerous projects throughout Northern Nevada and California. Also, during the past seven years, Mr. Esposito has performed the duties of Field Operations Supervisor for the FHWA Long-Term Pavement Performance (LTPP) regional contract, responsible for hiring and training technical staff, ensuring safety procedures and scheduling road testing as much as a year in advance.

Mr. Rich LaValley, proposed Engineering
Technician, has been performing Falling Weight
Deflectometer (FWD) operations in all the Western
States and can verify and analyzing FWD and
Deflection data. He has been accredited by the
FHWA as a Distress Rater for 21 years and as a
Seasonal Monitoring Technician for five years. Other
duties include Transverse Profile and Distress testing
and performing downloads of Seasonal data. Mr.

LaValley has vital expertise with the care and maintenance of the FWD equipment and is responsible for the vehicle and all testing equipment in the field. During Distress monitoring, he notes damage to roads and structures, including markings and signs and reports to appropriate agencies when attention is required.

Resumes
Focused resumes highlighting registrations/credentials, education, years of experience and a list of recent, relevant projects for each key member are included in the Appendix.

City of Ukiah
Trench Cut Fee Study and Implementation Services
Opp No. 1145.01.55
Page | 12
References
Pavement Management Update and GIS Linkage, Ukiah, CA (Mendocino Council of Governments [MCOG])
NCE has completed MCOG’s
PMP updates and GIS linkages
four times since 2001. We
have also provided in-depth
StreetSaver® training to
County and specific City Staff
as well as provided assistance
with Council presentations in
recent years.

NCE last updated of the
pavement management system and GIS linkage for the County of Mendocino and the Cities of Ukiah, Willits, Fort Bragg and Point Arena in 2012/2013. The County and these Cities have utilized the StreetSaver® program since 2000/2001. The scope of work included distress/condition surveys on approximately 768 centerline miles using the MTC StreetSaver® procedures, updating maintenance and rehabilitation history data, calculating the pavement condition indices (PCI), linking the StreetSaver® databases to the GIS, performing budget analyses on all databases, preparing final reports and conducting training for County and city personnel.
““Our experiences with them have been very good. NCE has been extremely responsive and professional. We have found them to be very knowledgeable and experienced in the field of Pavement
Management. They have completed the projects on time and within budget. As rural counties, Lake and Mendocino present unique challenges which NCE has met with ease. Their staff has shown technical expertise and we’ve been very pleased with products which we have received from them. Their reports are particularly thorough and informative. The analysis and recommendations presented in their reports have really helped demonstrate to local officials the need for additional pavement maintenance and rehabilitation funding for our local agencies.”
Nephele S. Barrett, Executive DIrector
Mendocino Council of Governments
Client Contact
Mendocino Council of
Governments
367 North State Street, Suite 206
Ukiah, CA 95482
Nephele S. Barrett
Senior Planner
(707) 463-1806
[email protected]
Project Team
Margot Yapp, PE
Project Manager and Primary POC
James Signore, PE
QC Manager
Mei Hui Lee, PE
Senior Engineer

City of Ukiah
Utility Trench Cut Fee Study and Implementation Services October 29, 2020
Page | 13
Utility Trench Cut Study Update (City of Sacramento)
With over 3,000 lane-miles of
streets, the City owns and
maintains the fifth largest street
network in California. Since 2016,
NCE has been responsible for
updating the City pavement
management system.

NCE is currently conducting a
study to evaluate the impacts of
utility cuts on the service life of
pavements and to develop appropriate mitigation measures, including a fee schedule. A similar study was conducted in 1996, and this project will update the findings.

NCE’s technical approach will include the following tasks:
 Research and summarize other studies related to street deterioration and rehabilitation costs from pavement utility cuts and trenches;
 Determine a methodology to establish the impacts of utility cuts/trenches;
 Perform a comprehensive pavement analysis to determine the extent of damage to the City’s streets;
 Determine the loss of street life as a result of pavement cuts and determine the resultant rehabilitation costs;
 Develop an impact fee schedule relative to pavement cuts;  Present the results to City Council and support to City staff for other meetings as needed. “Of particular value to me was NCE’s ability to develop a Pavement Condition Report that was geared to educate the public and elected officials with the challenges the City faces maintaining its pavement infrastructure. The report was very well done and became a popular template for other agencies maintaining pavement infrastructure in the Sacramento region. I recommend NCE to other organizations and hope to continue working with them in the future. They are hardworking, top-performing customer service-oriented
professionals.”
Gregory J. Smith, PE, Senior Civil Engineer
City of Sacramento Department of Public Works
Client Contact
City of Sacramento
Public Works Department
5730 24th Street, Building 1
Sacramento, CA 95822
Greg Smith, PE
Senior Civil Engineer
(916) 808-8364
[email protected]
Project Team
Margot Yapp, PE
Principal-in-Charge
Mei-Hui Lee, PhD, PE
Project Manager
Sharlan Dunn, PhD
Project Engineer
Mike Esposito
Field Supervisor
Rich LaValley
Engineering Technician

City of Ukiah
Utility Trench Cut Fee Study and Implementation Services October 29, 2020
Page | 14
Technical Review of Pavement Maintenance Impact Study (City of Santa Rosa) The City of Santa Rosa had
developed a methodology to
determine the impacts of refuse
trucks and underground utilities
on pavement life. Pavement
management data was used to
model the differences in
pavement life depending on the
presence of utilities.

Most approaches used by other
agencies focus specifically on
utility cuts, and employ deflection testing and mechanistic analysis to quantify the impacts on pavements. These are then translated into fee schedules that are usually tiered (typically by age or condition), and then applied to all utilities that make cuts.

In the case of Santa Rosa’s Utility Impact Fee (UIF), some of the assumptions relied on engineering judgment and local observations from the field when originally developed in 2003. NCE was selected to perform a peer review of the assumptions used such as the impact of refuse trucks and utilities, as well as the life extensions of the designated maintenance treatments and the development of the impact fee. Recommendations were made to update the models with field data as well as to revise the cost assumptions for the impact fees.

Impact of Utility Repairs on Performance of Street Pavements (Various Cities) Similar utility cut studies were performed for the Cities of Palo Alto, Chico, Bishop, Elk Grove and Salem and the County of Santa Clara from 2001 to 2007. Deflection testing was utilized to determine the impacts of utility cuts, and fee schedules were developed. These agencies did not possess sufficient historical data in their pavement management systems, therefore, deflection testing was the only approach available.

Client Contact
City of Santa Rosa
Transportation and Public Works
100 Santa Rosa Avenue
Santa Rosa, CA 95404
Peter Dodsworth (retired)
Materials Engineer
(707) 953-5467
[email protected]
Project Team
Margot Yapp, PE
Project Manager
James Signore, PhD, PE
QA/QC Manager
Shahram Misaghi, PE
Senior Engineer

City of Ukiah
Utility Trench Cut Fee Study and Implementation Services October 29, 2020
Page | 15
Trench Cut Fee Study Services (City of Anaheim)
NCE was selected by the City of
Anaheim to provide a Trench
Cut Fee Study for the City's
streets. The City is looking into
ways to recover both its direct
and indirect costs through fees,
and desires to evaluate the
impact of pavement cuts on the
structural integrity of asphalt
concrete streets. The City owns
and maintains approximately
581.73 centerline miles of pavements, which includes 156.57 centerline miles of the Master Plan of Arterial Highways (MPAH) streets (AHS network) and 425.16 miles of local streets (LSS network).

NCE's responsibilities will include a Preliminary Study Report (PSR), Study Workshop, Final Study Report, as well as providing Outreach and Coordination (Council and Fee Workshops, study development meetings, and public meetings).

NCE’s technical approach will include the following tasks:
 Research and summarize other studies related to street deterioration and rehabilitation costs from pavement utility cuts and trenches;
 Determine a methodology to establish the impacts of utility cuts/trenches;
 Perform a comprehensive pavement analysis to determine the extent of damage to the City’s streets;  Determine the loss of street life as a result of pavement cuts and determine the resultant rehabilitation costs;
 Develop an impact fee schedule relative to pavement cuts;  Conduct a study workshop;
 Provide public outreach support;
 Prepare a study report; and
 As optional tasks, provide other options to generate additional fees, and/or draft language for changing and updating the City’s Municipal Code to implement a trench fee.

Client Contact
City of Anaheim
Department of Public Works
200 South Anaheim Blvd
Anaheim, CA 92805
Cesar Carrillo, PE
Principal Civil Engineer
(714) 765-5175
[email protected]
Project Team
Margot Yapp, PE
Project Manager
James Signore, PhD, PE
QA/QC Manager
Sharlan Dunn, PhD, EIT
Project Engineer
Mike Esposito
Field Supervisor
Rich LaValley
Engineering Technician

City of Ukiah
Utility Trench Cut Fee Study and Implementation Services October 29, 2020
Page | 16
Evaluation of Pavement Cuts (Regional Transportation Commission of Southern Nevada) NCE investigated the impacts of pavement cuts (from utilities as well as street maintenance) on streets within the Cities of Las Vegas, North Las Vegas, Henderson as well as Clark County. This project objective was to determine if there was an impact on pavements from the presence of pavement cuts, and if so, to quantify that impact and the costs for restoration.

In this study, we performed the following:
 Reviewed and summarized other studies related to street deterioration and rehabilitation costs from pavement cuts  Conducted a testing program to evaluate pavement sites in all agencies affected by cuts. This included deflection testing with a Falling Weight Deflectometer in order to assess the structural differences
 Performed a comprehensive pavement analysis to determine the extent of damage to County/City streets from pavement cuts  Determined the loss of street life as a result of pavement cuts and rehabilitation costs  Developed a fee schedule or methodology to recover rehabilitation costs and a fee schedule  Recommended restoration procedures to mitigate the impacts of pavement cuts NCE’s general approach was to perform a structural evaluation using deflection testing. Once the results indicated that there were statistical differences present, a model was developed to predict the differences in maintenance and rehabilitation costs resulting from a pavement cut.

As the results indicated in the figure to the left, pavements that were 11-15 years old were impacted greatest (as measured by the increase thickness of an asphalt concrete overlay) by the presence of utility cuts. Numerous presentations were made to RTC staff during and at the conclusion of this study.

Client Contact
Regional Transportation Commission
of Southern Nevada
600 S. Grand Central Pkwy. Ste. 350
Las Vegas, NV 89106
Dante Bongolan
Project Engineer
(702) 676-1614
[email protected]
Project Team
Margot Yapp, PE
Project Manager

0.0 0.5

1.0 1.5

2.0 2.5

3.0 0-5 years 6-10 years 11-15 years 16-20 years
Pavement Age
Δ AC OL (average)

City of Ukiah
Utility Trench Cut Fee Study and Implementation Services October 29, 2020
Page | 17
Impact of Utility Cuts on Performance of Seattle Streets (City of Seattle) NCE was commissioned to
perform a study to determine
the impacts of utility cuts on
street pavements by Seattle
Transportation. The City
experienced over 9000 new
utility cuts every year, caused
by a dozen private and public
utilities.

This study was to determine the extent of degradation and costs associated with maintenance repairs and rehabilitation due to the presence of utility cuts.

Seattle had an extensive and well documented pavement management program, and almost a thousand sites were statistically analyzed to develop performance models. A structural approach using deflection testing was also used on select pavement sections.

The following tasks were performed by NCE.
 Review of literature and City’s data sources
 Identification of candidate sections
 Statistical analysis of historical data from pavement management system data  Structural approach using deflection testing
 Data analysis and model development
 Report preparation
 Presentations to City staff
Impact of Utility Cuts on Performance of Street Pavements (City of Philadelphia) NCE was selected by the City of
Philadelphia to determine the impacts of
utility cuts on pavements and to develop
a utility cut fee. An experiment design was
developed that included pavements from
different functional classifications, ages
and surface types was developed. Then a
combination of condition surveys and
deflection testing was used to measure
the accelerated deterioration in pavements. Finally, statistical analysis was performed to measure the effects of the utility cuts and the results were used to develop a fee schedule.

The figure to the left illustrates the fact that highest deflections were obtained two feet away from the edge of the pavement cut.

NCE worked with both the Public Works and Legal Departments during the development of the fee ordinance.

Client Contact
City of Seattle
Department of Transportation
700 5th Ave, Suite 3800
Seattle, WA 98104
Susan Chu
Senior Civil Engineer
(206) 684-5310
[email protected]
Project Team
Margot Yapp, PE
Project Manager and Primary POC
Client Contact
City of Philadelphia
Streets Department
1401 John F. Kennedy Blvd
Philadelphia, PA 19102
John Cunningham
Right of Way Manager
(215) 686-5621
[email protected]
Project Team
Margot Yapp, PE
Project Manager and Primary POC
James Signore, PhD, PE
Senior Engineer
5 10
15 20
25 1 Location of Testing2 3
Maximum Deflection, mils
Series1

City of Ukiah
Trench Cut Fee Study and Implementation Services
Opp No. 1145.01.55
Page | 18
Addendum
NCE has checked the City’s website and acknowledges no addenda have been posted as of the due date of the proposal.

City of Ukiah
Trench Cut Fee Study and Implementation Services
Opp No. 1145.01.55
Page | 19
Exceptions
NCE has reviewed the City of Ukiah Standard Contract provided as Attachment A to your request for proposal for Trench Cut Fee Study and Implementation Services. After careful consideration, we would appreciate the opportunity to discuss the changes noted below. The proposed indemnification changes are requested to meet the requirements of SB496.

Contract Attachment A, Article Number, Name: Article 6, Indemnification, Subsection 6.2 Indemnification Proposed Change: Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to the extent caused by any negligent act or omission or the willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City. “Indemnify,” as used herein includes the reimbursing the apportioned expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses.

In no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault.

References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors.

Contract Attachment A, Article Number, Name: Article 7, Contract Provisions, Subsection 7.8 Termination Proposed Change: This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder,subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract.

Insurance Requirements
NCE currently complies with and will continue to meet the City’s insurance requirements as outlined in Attachment B, Insurance Requirements, to your request for proposal for Utility Trench Cut Fee Study and Implementation Services.

City of Ukiah
Trench Cut Fee Study and Implementation Services
Opp No. 1145.01.55
A Staff Resumes

City of Ukiah
Utility Trench Cut Fee Study and Implementation Services October 29, 2020
Page | 21
Mei-Hui Lee, PhD, PE – Project Manager
Dr. Mei-Hui Lee has a PhD in civil and pavement engineering and over 10 years of experience in pavement design, evaluation and maintenance projects. Currently, Dr.

Lee serves as the Project Manager for the Cities of Sacramento and Pacifica on similar trench cut studies.

She has also been responsible for numerous pavement management and design projects at NCE. Her clients include the Counties of Siskiyou, Mendocino, Lake, Trinity, Mariposa and Sacramento as well as multiple cities including Sacramento, Davis, Stockton, Elk Grove, Lincoln, Folsom, and Yuba. Dr. Lee is certified by the MTC inspector certification testing program. She was also involved in the Needs Assessment for the Rural Counties Task Force.

Representative Projects
Pavement Management System Updates
Various Cities and Counties
Project Engineer. Dr. Lee has been involved with updating Pavement Management Systems (PMS) for many Cities and Counties in the Bay Area, Central Valley, and outside of California. She is responsible for the analysis and quality control of pavement distress data collection, updating maintenance and rehabilitation decision trees and the treatment unit costs, and the development of budget scenarios and summary reports. She has developed cost-effective maintenance treatments and strategies, prepared custom multiple-year detailed street maintenance plans and budget option reports, and linked GIS maps with management sections in the client’s PMS database. Some of her current/past PMS clients include:
 Ada County, ID
 Amador City
 Amador County
 Belvedere
 Benicia
 Calistoga
 Chula Vista
 Clearlake City
 Concord
 Contra Costa County
 Davis
 East Bay Regional
Park Districts
 Elk Grove
 Fairfax
 Folsom
 Hayward Airport
 Jackson
 Lake County
 Lakeport
 Madera County
 Mariposa County
 Marin County
 Mendocino COG
(includes Ukiah)
 Monterey County
 Moraga
 Novato
 Oakland
 Placerville
 Pleasant Hill
 Plymouth
 Rio Vista
 Sacramento
 Sacramento
County
 San Francisco
 San Rafael
 Santa Cruz
 Santa Rosa
 Siskiyou County
 South San
Francisco
 Sonoma County
 St. Helena
 Trinity County
 University of
California-Davis
 Vallejo
 Yuba City
 Yountville
Education
PhD, Civil Engineering,
National Taiwan University,
Taiwan, 2009
MS, Civil Engineering,
Columbia University, New
York, 2012
BS, Civil Engineering,
National Taiwan University,
Taiwan, 2002
Registrations/Certifications
Professional Engineer –
Civil, CA #87635
MTC StreetSaver® Rater
Certification Program
Affiliations
American Society of Civil
Engineers
American Concrete
Pavement Association
Joined NCE
2014
Total Years of Experience
10 years

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Utility Trench Cut Fee Study
City of Sacramento, CA
Project Manager. NCE is currently conducting a study to evaluate the impacts of utility cuts on the service life of pavements and to develop appropriate mitigation measures, including a fee schedule. A similar study was conducted by the City in 1996, and this project will update the findings. The methodology includes performing deflection testing on selected sites, developing a fee schedule and a presentation to Council on the results.

Pavement Management System Update
City of Sacramento, CA
Senior Engineer. With over 3,000 lane-miles of streets, Sacramento owns and maintains the fifth largest street network in California. In 2016, the City converted to the StreetSaver® pavement management system software and needed results from an updated PMS in less than six weeks. NCE implemented an aggressive field data collection schedule to meet this goal. After the field data was collected, NCE developed maintenance strategies and performed multiple funding scenarios for each Council district. Finally, a report for City Council and the public was prepared, along with GIS maps.

In 2020, NCE was selected again to provide pavement condition data collection and updating the Pavement Management Application (PMA).

Pavement Management Program for Hayward Executive Airport (HEA) City of Hayward, CA
Project Engineer. Scope included updating the PAVER™ pavement management system, which covers approximately 4.4 million square feet of airside pavements, performing condition surveys as per ASTM 5340, updating historical maintenance activities in the database, updating pavement strategies and unit costs, performing budgetary/funding analyses, linking PAVER™ database to CADD drawings, and preparing multi‐year work plan. HEA, a former World War II fighter base, is home to 4,400 aircraft and is located on 543 acres with two parallel runways of 5,694 and 3,107 feet each.

Pavement Management Peer Review
County of Madera, CA
Senior Engineer. Dr. Lee reviewed existing information for developing a pavement management program for the County. A summary of pavement inventory and date collection recommendations were summarized in the report.

Based on summary information developed in this project, a draft scope of work for the County’s use in developing a request for proposal to implement a pavement management system was also developed.

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Margot Yapp, PE – Principal-in-Charge
Ms. Margot Yapp’s expertise in pavement studies, design and management lies in the intersection of research and implementation. The path began during Ms. Yapp’s senior year of college with her honors project and continued through research she conducted while obtaining her master’s degree. Mentored by a nationally known pavement engineer at the start of her career, Ms. Yapp met leading pavement researchers and learned practical aspects of applying research.

She enjoys the fulfilling opportunities NCE provides, whether it’s helping colleagues with their professional development or affecting city and state transportation policies. Having worked with public agencies for more than 30 years — both as an employee and a consultant — Ms. Yapp understands the challenges public servants face, making her effective at providing recommendations and presentations. She is skilled at translating technical information to a succinct, understandable message, “particularly useful since policies need to be adopted by non-technical people.” Ms. Yapp has taught workshops on pavement management systems for the National Highway Institute and the Federal Highway Administration.

Of particular interest to this project, is her experience working on numerous pavement impact studies caused by different truck traffic as well as those from utility cuts. She has used a variety of rigorous technical approaches to determine these impacts such as:
 Development of an experiment design to ensure that all variables affecting pavement impacts are included
 Rigorous statistical analyses to ensure that results and conclusions are significant  Pavement structural analysis, including the use of deflection testing  Pavement condition analysis, employing the use of pavement management data In each case, the appropriate technical approach was selected depending on the type of study and the data available.

Representative Projects
Pavement Management System Update and GIS Linkage
Mendocino Council of Governments, Ukiah, CA
Project Manager. This project was included in MCOG’s 2016/17 Overall Work Program to provide for updates to the Pavement Management Programs for the County of Mendocino and the Cities of Ukiah, Fort Bragg, Willits and Point Arena utilizing the StreetSaver® program. This included conducting condition surveys and updating databases for the 773 miles of streets and roads within the County and city systems. In addition, each agency’s GIS linkage was revised as appropriate for compatibility with the updated survey data. Reports on the conditions, needs, and budget scenarios were included as well. Training on use of the StreetSaver® program for local agency staff was also part of the project. Use of the program varied among the agencies. Some utilized the program as a preventive maintenance programming tool and have performed in-house pavement condition surveys, while others did not fully utilize the program or entered new data. NCE has completed MCOG’s PMP updates and GIS linkages four times since 2001.

Education
MS, Civil Engineering,
Oregon State University,
Corvallis, 1987
BS, Civil Engineering,
Oregon State University,
Corvallis, 1985
BS, Forest Engineering,
Oregon State University,
Corvallis, 1985
Registrations/Certifications
Professional Engineer –
Civil, CA, #45027
Affiliations
American Society of Civil
Engineers
American Public Works
Association
TRB Subcommittee A2B01 –
Local Agency Pavement
Management
Joined NCE
1994
Total Years of Experience
30 years

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Utility Trench Cut Fee Study
City of Sacramento, CA
Project Manager. NCE is currently conducting a study to evaluate the impacts of utility cuts on the service life of pavements and to develop appropriate mitigation measures, including a fee schedule. A similar study was conducted by the City in 1996, and this project will update the findings. The methodology includes performing deflection testing on selected sites, developing a fee schedule and a presentation to Council on the results.

Trench Cut Fee Study
City of Anaheim, CA
Project Manager. NCE was selected by the City of Anaheim to provide a Trench Cut Fee Study for the City's streets.

The City is looking into ways to recover both its direct and indirect costs through fees, and desires to evaluate the impact of pavement cuts on the structural integrity of asphalt concrete streets. The City owns and maintains approximately 581.73 centerline miles of pavements, which includes 156.57 centerline miles of the Master Plan of Arterial Highways (MPAH) streets (AHS network) and 425.16 miles of local streets (LSS network). NCE's responsibilities will include a Preliminary Study Report (PSR), Study Workshop, Final Study Report, as well as providing Outreach and Coordination (Council and Fee Workshops, study development meetings, and public meetings).

Impact of Utility Cuts on Performance of Seattle Streets City of Seattle, WA
Project Manager. NCE was commissioned to perform a study to determine the impacts of utility cuts on street pavements by Seattle Transportation. This study was to determine the extent of degradation and costs associated with the presence of utility cuts. This study utilized the methodology that was also adopted by many other cities around the U.S. and has been cited by APWA and many other publications related to the impacts of utility cuts.

Impact of Utility Cuts on Performance of Street Pavements City of Philadelphia, PA
Principal. NCE was selected by the City of Philadelphia to determine the impacts of utility cuts on pavements and to develop a utility cut fee. An experiment design was developed that included pavements from different functional classifications, ages and surface types was developed. Then a combination of condition surveys and deflection testing was used to measure the accelerated deterioration in pavements. Finally, statistical analysis was performed to measure the effects of the utility cuts and the results were used to develop a fee schedule.

Evaluation of Pavement Cuts
Regional Transportation Commission (RTC) of Southern Nevada, Las Vegas, NV Project Manager. NCE investigated the impacts of pavement cuts (from utilities as well as street maintenance) on streets within the Cities of Las Vegas, North Las Vegas, Henderson as well as Clark County. This project objective was to determine if there was an impact on pavements from the presence of pavement cuts, and if so, to quantify that impact and the costs for restoration.

Impact of Utility Repairs on Performance of Street Pavements Cities of Santa Rosa, Chico, Bishop, CA and Salem, OR
Project Manager. Similar utility cut studies were performed for the Cities of Santa Rosa, Chico, Bishop and Salem.

Deflection testing was utilized to determine the impacts of utility cuts, and fee schedules were developed. The cities did not possess historical data and no PMS data were available, therefore, deflection testing was the only approach available.

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James Signore, PhD, PE – Quality Control Manager
James M. Signore, PhD, PE, specializes in pavement design and evaluation, rehabilitation and maintenance, materials assessment, and training. He has experience in designing pavements for many local agencies, Caltrans and for heavy vehicle loading applications at airfields and ports. He has spent years researching all types of pavement materials, having directed a state-of-the-art AMRL certified and Superpave mix design equipped research laboratory and is well versed in state and local pavement practices and specifications.

Dr. Signore has taught NHI’s and ASCE’s “Techniques for Pavement Rehabilitation” (including best practices for utility cuts and patches) seminars to practicing engineers for 20 years. He taught graduate courses in pavement engineering at San Jose State University and many of his former students are civil engineers at local agencies. He uses his practical and research experience, technical knowledge and teaching skills to develop an understanding of client needs and the creation of design and rehabilitation strategies that offer the client agency the leading-edge in methods and materials for their pavements. Dr. Signore is a Member of the Transportation Research Board Committee AFD70, Pavement Rehabilitation, AFD70-1, Pavement Interlayer Systems and the FAA Airport Pavement Technical Working Group.

Dr. Signore has worked on several pavement impact studies caused by different truck traffic as well as those from utility cuts e.g. City of Philadelphia. He has used a variety of rigorous technical approaches to determine these impacts such as:
 Development of an experiment design to ensure that all variables affecting pavement impacts are included
 Rigorous statistical analyses to ensure that results and conclusions are significant  Pavement structural analysis, including the use of deflection testing  Pavement condition analysis, employing the use of pavement management data In each case, the appropriate technical approach was selected depending on the type of study and the data available.

Representative Projects
Pavement Management System Update
City of Sacramento, CA
QC Manager. With over 3,000 lane-miles of streets, Sacramento owns and maintains the fifth largest street network in California. In 2016, the City converted to the StreetSaver® pavement management system software and needed results from an updated PMS in less than six weeks. NCE implemented an aggressive field data collection schedule to meet this goal. After the field data was collected, NCE developed maintenance strategies and performed multiple funding scenarios for each Council district. Finally, a report for City Council and the public was prepared, along with GIS maps.

In 2020, NCE was selected again to provide pavement condition data collection and updating the Pavement Management Application (PMA).

Education
PhD, Civil Engineering,
University of Illinois,
Urbana-Champaign, 1998
MS, Civil Engineering,
University of Illinois –
Urbana-Champaign, 1994
BS, Electrical Engineering,
Clarkson University, 1985
Registrations/Certifications
Professional Engineer –
Civil, CA, #62647
Affiliations
TRB Committee AFD70,
Pavement Rehabilitation
TRB Committee AFD70-1,
Pavement Interlayer
Systems
ASCE Airfield Pavement
Committee
FAA Pavement Technical
Working Group
American Society of Civil
Engineers
Joined NCE
2014
Total Years of Experience
25 years

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Trench Cut Fee Study
City of Anaheim, CA
QC Manager. NCE was selected by the City of Anaheim to provide a Trench Cut Fee Study for the City's streets. The City is looking into ways to recover both its direct and indirect costs through fees, and desires to evaluate the impact of pavement cuts on the structural integrity of asphalt concrete streets. The City owns and maintains approximately 581.73 centerline miles of pavements, which includes 156.57 centerline miles of the Master Plan of Arterial Highways (MPAH) streets (AHS network) and 425.16 miles of local streets (LSS network). NCE's responsibilities will include a Preliminary Study Report (PSR), Study Workshop, Final Study Report, as well as providing Outreach and Coordination (Council and Fee Workshops, study development meetings, and public meetings).

Impact of Utility Cuts on Performance of Street Pavements City of Philadelphia, PA
Project Manager, Senior Engineer. NCE was selected by the City of Philadelphia to determine the impacts of utility cuts on pavements and to develop a utility cut fee. An experiment design was developed that included pavements from different functional classifications, ages and surface types was developed. Then a combination of condition surveys and deflection testing was used to measure the accelerated deterioration in pavements. Finally, statistical analysis was performed to measure the effects of the utility cuts and the results were used to develop a fee schedule.

On-Call Pavement Engineering
California Department of Transportation, Statewide, CA
Project Manager 2015-2022. Dr. Signore manages the pavement on-call contract with Caltrans and is responsible for all contractual and project management activities. Major task orders emphasize asphalt and concrete pavement performance and evaluation for all types of pavement issues such as a comparison of ARHM and conventional HMA performance, HMA smoothness specifications, and polyester inlay materials evaluation. He provided technical guidance on the selection and testing of joint filler and spall repair materials and acted as a construction methods assessor on the installation of precast concrete slabs. He wrote, reviewed, or edited numerous interim and final reports including those dealing with continuously reinforced concrete, rapid set concrete, concrete inlay hardeners, and concrete flexural strength.

Pavement Management Systems
Various Cities and Counties
QC Manager. Dr. Signore has been responsible for quality control for Pavement Management Systems (PMS) updates for many cities and counties in California. He is responsible for the quality control of data and responsible for spot checks on the field crews during the pavement condition surveys. Some of his clients include:
 Aliso Viejo
 Buena Park
 Burbank
 Carson
 Dana Point
 Davis
 Downey
 Elk Grove
 Folsom
 Garden Grove
 Hayward Airport
 La Mirada
 Lemon Grove
 Madera County
 Newport Beach
 Orange
 Pico Rivera
 San Francisco
 San Francisco Airport
 Santa Clarita
 Santa Monica
 Siskiyou County
 Sonoma County
 South San
Francisco
 Southgate
 Stanton
 Thousand Oaks
 West Covina
 Yorba Linda
 Yuba City

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Sharlan Dunn, PhD, EIT – Project Engineer
Dr. Dunn joined NCE as a project engineer in 2018 after graduating from Purdue University with a PhD in civil engineering with an emphasis in pavement management and pavement materials. She has extensive research and design experience in pavement design, management, and materials. She currently serves as a project engineer for pavement management, maintenance, rehabilitation, design, and planning projects.

Representative Projects
Utility Trench Cut Fee Study
City of Sacramento, CA
Project Manager. NCE is currently conducting a study to evaluate the impacts of utility cuts on the service life of pavements and to develop appropriate mitigation measures, including a fee schedule. A similar study was conducted by the City in 1996, and this project will update the findings. The methodology includes performing deflection testing on selected sites, developing a fee schedule and a presentation to Council on the results.

Trench Cut Fee Study
City of Anaheim, CA
Project Engineer. NCE was selected by the City of Anaheim to provide a Trench Cut Fee Study for the City's streets. The City is looking into ways to recover both its direct and indirect costs through fees, and desires to evaluate the impact of pavement cuts on the structural integrity of asphalt concrete streets. The City owns and maintains approximately 581.73 centerline miles of pavements, which includes 156.57 centerline miles of the Master Plan of Arterial Highways (MPAH) streets (AHS network) and 425.16 miles of local streets (LSS network). NCE's responsibilities will include a Preliminary Study Report (PSR), Study Workshop, Final Study Report, as well as providing Outreach and Coordination (Council and Fee Workshops, study development meetings, and public meetings).

Springville Street Cut Fee Schedule
City of Springville, UT
Graduate Research Assistant. Dr. Dunn aided in the development of a fee schedule for street cuts based on functional classification, pavement age, and age at the time of cut. She was responsible for distress evaluations, roughness measurements, falling-weight deflectometer testing, and data analysis.

Valley View Avenue Rehabilitation Project
City of La Mirada, CA
Project Engineer. NCE provided pavement evaluation and design services of Valley View Avenue, a highly traveled commercial corridor nearly a mile long with heavily deteriorated pavement. A pavement condition survey was conducted with distresses identified along with areas for potential base repairs. Coring, sampling and laboratory testing was performed, and a pavement design and soils investigation report were prepared and included potential treatments with a focus on sustainable treatments and cost saving measures. Technical specifications were provided.

Education
PhD, Civil Engineering,
Purdue University, 2018
Registrations/Certifications
Engineer-in-Training (EIT)
MTC StreetSaver® Rater
Certification Program
Affiliations
American Society of Civil
Engineers
Joined NCE
2018
Total Years of Experience
5 years

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Pavement Management System Development and Updates
Various Cities and Counties, CA
Project Engineer. Dr. Dunn has been involved in developing and updating pavement management system (PMS) plans for several cities and counties in California and Washington. She has been responsible for pavement distress data collection, analysis and quality control; updated maintenance and rehabilitation decision trees and treatment unit costs; performed multiple-year budget scenario analyses; and prepared summary reports.

Some of her current/past clients include:
 Alameda County
 Calaveras County
 Campbell
 Davis
 Elk Grove
 Fresno COG
 Madera County
 Marin County
 Monterey County
 Oakland
 Sacramento
 Sacramento County
 Sacramento International Airport
 Santa Cruz County
 San Francisco
 San Francisco International Airport
 Seaside
 Siskiyou County
 Sonoma County
SFO On-Call Pavement Engineering
San Francisco International Airport, CA
Project Engineer. Dr. Dunn has been involved in a variety of field investigation and design work at the San Francisco Airport. These include pavement evaluation of Runway 1L-19R, and Boarding Areas A and B, and evaluation and design of Taxiway B 3 and 4. These projects have involved a variety of destructive and nondestructive testing (such as coring, deflection testing, and ground penetrating radar testing) and complex analyses and design using back calculation and FAA design software.

Broadway and Parkside Rehabilitation
City of Walnut Creek, CA
Project Engineer. This project included rehabilitation recommendations for approximately two miles of arterial streets that exhibited a variety of distresses ranging from minor to severe failure mechanisms. Pavement design tasks included pavement condition surveys, coring, non-destructive pavement deflection testing, design, and base repair location identification. NCE also provided civil design services for these street sections. Based on structural analyses and constructability issues, the recommended treatments included primarily traditional mill and overlay with base repairs with some portions of surface reconstruction.

Presidio Trust Pavement Rehabilitation and Maintenance
Presidio Trust, San Francisco, CA
Project Engineer. This project included pavement and civil design services for 33 street sections and five parking lots within the Presidio Trust to extend pavement life and provide improved access and service for visitors and the local community. Together these streets constitute approximately seven centerline miles of pavement. Pavement design services involved a pavement condition survey, coring, laboratory testing, and pavement design per the Caltrans Highway Design Manual. Treatment recommendations considered budget constraints, constructability, street condition, grade constraints, pavement defects, pavement layer thicknesses, fabric depth, and cost effectiveness and included traditional rehabilitation methods as well as green treatments such as cold-in-place recycling. The green treatments not only minimized material off haul, but also minimized the construction time and inconvenience to visitors and residents.

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Mike Esposito – Field Supervisor
Since joining the firm in 1994, Mr. Mike Esposito has grown with the company and performs several functions essential to NCE and its clients. He has supervised and conducted transportation asset management on numerous projects throughout Northern Nevada and California. Also, during the past seven years, Mr. Esposito has performed the duties of Field Operations Supervisor for the FHWA Long-Term Pavement Performance (LTPP) regional contract, responsible for hiring and training technical staff, ensuring safety procedures and scheduling road testing as much as a year in advance.

Representative Projects
Trench Cut Fee Study
City of Anaheim, CA
Field Supervisor. NCE was selected by the City of Anaheim to provide a Trench Cut Fee Study for the City's streets. The City is looking into ways to recover both its direct and indirect costs through fees, and desires to evaluate the impact of pavement cuts on the structural integrity of asphalt concrete streets. The City owns and maintains approximately 581.73 centerline miles of pavements, which includes 156.57 centerline miles of the Master Plan of Arterial Highways (MPAH) streets (AHS network) and 425.16 miles of local streets (LSS network). NCE's responsibilities will include a Preliminary Study Report (PSR), Study Workshop, Final Study Report, as well as providing Outreach and Coordination (Council and Fee Workshops, study development meetings, and public meetings).

Grade Separation Haul Road Evaluation and Rehabilitation City of Montebello, CA
Field Supervisor. NCE is providing pavement evaluation and rehabilitation design for four streets, including a major arterial that is being used as a haul route for the construction of a new grade separation project in Montebello for the San Gabriel Valley Council of Government (formerly the Alameda Corridor East) and the City of Montebello.

NCE performed a field inspection to determine current distresses and pavement condition and conducted deflection testing using our Dynatest Model 8000 FWD. Pavement cores and bulk samples of the subgrade were also obtained for laboratory testing, including R-values. In addition, dynamic cone penetrometer testing was performed at every core hole in accordance with ASTM D6951. The results were used to prepare pavement designs.

Bridgeport Streets Rehabilitation
City of Bridgeport, CA
Technician. The project included pavement rehabilitation for three miles of roadways in Bridgeport, CA. NCE’s services included completion of a pavement condition survey, coring, non-destructive FWD testing, pavement design and soils investigation, curb, gutter, sidewalk and surface drainage condition survey, PS&Es and bidding services. Project duties included existing conditions analysis, coordination of coring activities and condition survey activities, pavement design, design recommendations and preparation of the pavement design and soils investigation report.

Education
Truckee Meadows
Community College
Fayetteville Technical
Community College
General Construction
Equipment School
Joined NCE
1994
Total Years of Experience
24 years

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Pavement Engineering On‐Call Services
San Francisco International Airport (SFIA), San Francisco, CA Field Technician. The scope included collecting pavement distress data for both airside and landside pavements as per ASTM D5340 and D6433, respectively. A semi‐automated vehicle was used to collect data on the runways and taxiways with walking surveys used on the aprons. Mr. Esposito updated SFIA’s PAVER™ PMS and submitted reports to the Federal Aviation Administration, determined the ACN/PCN for runways and taxiways and performed deflection testing and pavement designs (FAARFIELD) for Runways 1L/19R, Taxiways E, F and L. 2010-2015 Pavement Condition Data Collection
RTC of Washoe County, NV
Lead Technician. This project involved collecting pavement condition survey data on the regional road network. NCE has collected data annually on over 160 centerline miles of roadway identified in RTC’s Regional Transportation Plan (approximately 1,870 sample units are inspected each year). NCE’s services included updating pavement management databases for Washoe County, City of Reno and City of Sparks, as well as performing QC/QA activities on the data.
2012-2014 Pavement Condition Data Collection
Washoe County, NV
Lead Technician. This project involved collecting pavement condition survey data on the County’s roadway and parking lot networks, including inspecting approximately 3,000 sample units every year. NCE’s services included coordinating with the County, collecting data, QC/QA, updating the management system, developing GIS shapefiles and linking those to the management system. This work also included establishing new sample units, and identifying unrecorded maintenance activities.
2011-2014 Pavement Condition Data Collection
City of Sparks, NV
Lead Technician. This project involved collecting pavement condition survey data on the City’s roadway network, as well as their regional bike and pedestrian trails, including inspecting approximately 1,000 sample units every year. NCE’s services included coordinating with the City, collecting data, QC/QA and updating the management system. This work also included establishing new sample units and identifying unrecorded maintenance activities.

Long Term Pavement Performance
Federal Highway Administration, Western Regional States Field Operations Supervisor. The project involved scheduling of all field activities, roadway evaluations, field materials sampling and coordination of with agencies to receive maintenance information that has occurred on over 500 roadway segments across 14 Highway Agencies in the Western US. The field monitoring activities included materials sampling, falling weight deflectometer, pavement condition surveys, profile, environmental, global positioning measurements and dynamic cone penetrometer.

Asphalt Research Consortium Pavement Data Collection
Western Research Institute, Nationwide
Project Manager/Technician. NCE provides data collect services for the Western Research Institute (WRI) as part of a national study of in-service pavements. This study is part of the Asphalt Research Consortium (ARC). NCE has collected pavement condition data, provided construction documentation services and coring on these sites located across the U.S.

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Rich LaValley – Engineering Technician
As an Engineering Technician, Mr. Rich LaValley has been performing Falling Weight Deflectometer (FWD) operations in all the Western States and can verify and analyzing FWD and Deflection data. He has been accredited by the FHWA as a Distress Rater for 21 years and as a Seasonal Monitoring Technician for five years.

Other duties include Transverse Profile and Distress testing and performing downloads of Seasonal data. Mr. LaValley has vital expertise with the care and maintenance of the FWD equipment and is responsible for the vehicle and all testing equipment in the field. During Distress monitoring, he notes damage to roads and structures, including markings and signs and reports to appropriate agencies when attention is required. Mr. LaValley also performs pavement materials sampling (i.e., coring) at locations across the Western U.S. His extensive experience in the field with different kinds of asphalt and concrete surfaces allows him to work independently and efficiently.

In 14 years of field data collection, Mr. LaValley has tested over 28,000 test points using the standard FHWA 12 and 16 drop test setups (the equivalent of 300,000 test drops). He has participated in 15 FHWA certified reference calibrations at Dynatest’s facility in Starke, Florida, A & M’s facility in College Station, Texas, Denver, Colorado and UC Davis. He has been involved in the comprehensive overhaul of two Dynatest 8000 Falling Weight Deflectometers, having collaborated with Dynatest in performing FHWA sponsored yearly maintenance on both FHWA and NCE privately owned FWD
Representative Projects
Trench Cut Fee Study
City of Anaheim, CA
Engineering Technician. NCE was selected by the City of Anaheim to provide a Trench Cut Fee Study for the City's streets. The City is looking into ways to recover both its direct and indirect costs through fees, and desires to evaluate the impact of pavement cuts on the structural integrity of asphalt concrete streets. The City owns and maintains approximately 581.73 centerline miles of pavements, which includes 156.57 centerline miles of the Master Plan of Arterial Highways (MPAH) streets (AHS network) and 425.16 miles of local streets (LSS network).

NCE's responsibilities will include a Preliminary Study Report (PSR), Study Workshop, Final Study Report, as well as providing Outreach and Coordination (Council and Fee Workshops, study development meetings, and public meetings).

Grade Separation Haul Road Evaluation and Rehabilitation City of Montebello, CA
Engineering Technician. NCE is providing pavement evaluation and rehabilitation design for four streets, including a major arterial that is being used as a haul route for the construction of a new grade separation project in Montebello for the San Gabriel Valley Council of Government (formerly the Alameda Corridor East) and the City of Montebello.

NCE performed a field inspection to determine current distresses and pavement condition and conducted deflection testing using our Dynatest Model 8000 FWD. Pavement cores and bulk samples of the subgrade were also obtained for laboratory testing, including R-values. In addition, dynamic cone penetrometer testing was performed at every core hole in accordance with ASTM D6951. The results were used to prepare pavement designs.

Education
University of Nevada –
Reno, NV 1984-1988
Joined NCE
1998
Total Years of Experience
22 years

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Long Term Pavement Program
Nationwide
Rich has more than 21 years of experience with data collection on the Long-Term Pavement Performance (LTPP) project. This federal project has test sites in every state and province. NCE, as the Western Region Support Contractor, has several accredited raters, including Rich, who has measured distress at hundreds of sections over the Western United States and operated profile measurement equipment and participated in forensic activities. In the field and at home, he is responsible for all equipment calibrations and maintenance, daily logs and reports, and verification of reliable data.

San Francisco International Airport (SFIA) Pavement Engineering On‐Call Services City and County of San Francisco, CA
Engineering Technician. The scope included collecting pavement distress data for both airside and landside pavements as per ASTM D5340 and D6433, respectively. A semi‐automated vehicle was used to collect data on the runways and taxiways with walking surveys used on the aprons. Updated SFIA’s PAVER™ PMS and submitted reports to the Federal Aviation Administration. Determining the ACN/PCN for runways and taxiways, and performed deflection testing and pavement designs (FAARFIELD) for Runways 1L/19R, Taxiways E, F, and L.

Inyo County Pavement Management Program
Inyo County, CA
Engineering Technician. The scope included developing the inventory and condition information for the paved roads, approximately 550 centerline miles Inyo County and City of Bishop, conducting annual manual condition data collection using PAVER software and ASTM D6433 standards, ensuring a rigorous and extensive QC program, determining traffic volume (average daily traffic) data at 20 locations in Bishop, predicting the future pavement condition of the paved network, determining impacts of multiple budget/funding scenarios on future roadway conditions, performing 20‐year and 5‐year work planning analysis and integrating the PMS database with the County and City’s GIS.

Virginia Street Bus RAPID Transit Extension
RTC of Washoe County, NV
Technician. NCE prepared the environmental document, preliminary and final engineering design of the Virginia Street Bus RAPID Transit Extension project that increases mobility and safety along the corridor. The project includes the extension of RTC RAPID service from the 4th Street Station to the University of Nevada, Reno with new transit stations, roadway reconstruction, intersection and signal modifications, landscaping and aesthetics, pedestrian improvements and lighting, bicycle improvements, parking and access management, utility relocations, and drainage improvements. Rich supported assessments of multiple side streets in the Virginia Street corridor, included performing FWD testing.

Pavement Condition Data Collection (2010, 2012, and 2013-2020) Regional Transportation Commission (RTC) of Washoe County, NV Technician. This project involves collecting pavement condition survey data on the regional road network. NCE is scheduled to collect data on over 160 centerline miles of roadway identified in RTC’s Regional Transportation Plan (approximately 1,870 sample units will be inspected). NCE’s services include updating pavement management databases for Washoe County, City of Reno, and City of Sparks as well as performing QC/QA activities on the data.

Collaboration. Commitment. Confidence.
www.ncenet.com

AGENDA ITEM 5a

CITY OF UKIAH

CITY COUNCIL MINUTES
Special Meeting
Virtual Meeting Link: https://zoom.us/j/97199426600
Ukiah, CA 95482
February 2, 2022
6:00 p.m.

1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Special Meeting on February 2, 2022, having been legally noticed on January 28, 2022. The meeting was held virtually at the following link:
https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 4:31 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Douglas, F. Crane, Mari Rodin, Josefina Dueňas (arriving at 4:50 p.m.), and Jim O. Brown. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.

MAYOR BROWN PRESIDING.

2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was given.

3. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3))
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1)
b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2)or(3))
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 potential case, involving possible termination of construction contract for cause)
c. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No.

SCUK-CVPT-2018-70200
d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No.

SCUK-CVPT-20-74612
e. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT-15-66036
f. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603

City Council Minutes for February 2, 2022, Special Meeting, Continued:

g. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Gerardo Magdaleno, by and through his Guardian Ad Litem, Pedro Francisco Magdaleno v. City of Ukiah, Justin Wyatt (Fed.

Dist. Ct. N.D. Cal.) 3:21-2609 VC.
h. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 157-050-03, 157-060-02, 157-050-04, 157-050-03, 157-030-02, 157-050- 01, 157-050-02, 157-050-10, 157-050-09, 157- 070-01, 157-070-02, 003-190-01
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Dave Hull and Ric Piffero
Under Negotiation: Price & Terms of Payment
i. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No action reported.

5. ADJOURNMENT
There being no further business, the meeting adjourned at 5:30 p.m. ________________________________
Kristine Lawler, City Clerk/CMC

AGENDA ITEM 5b

CITY OF UKIAH

CITY COUNCIL MINUTES
Regular Meeting
Virtual Meeting Link: https://zoom.us/j/97199426600
Ukiah, CA 95482
February 2, 2022
6:00 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on February 2, 2022, having been legally noticed on January 28, 2022. The meeting was held virtually at the following link:
https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 6:09 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Douglas, F. Crane, Mari Rodin, Josefina Dueňas, and Jim O. Brown. Staff Present: Shannon Riley, Deputy City Manager; Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.

MAYOR BROWN PRESIDING.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Rodin.

8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment received.

3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation Recognizing February 2022, as Black History Month in the City of Ukiah.

Presenter: Mayor Brown.

Proclamation was received by Corinne Jones, Diversity and Committee Member. b. 2021/2022 Ukiah On Ice Presentation and Sponsor Appreciation.

Presenter: Jake Burgess, Community Services Supervisor.

Report was received.
c. Introduction of Electric Utility Director Cindy Sauers.

Presenter: Shannon Riley, Deputy City Manager.

Introduction was received.

4. PETITIONS AND COMMUNICATIONS

5. APPROVAL OF MINUTES
a. Approval of the Minutes for the January 19, 2022, Regular Meeting.

Motion/Second: Orozco/Rodin to approve Minutes of January 19, 2022, a reguarl meeting, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None.

City Council Minutes for February 2, 2022, Continued:

6. RIGHT TO APPEAL DECISION

7. CONSENT CALENDAR
Staff Comment: Doug Hutchison, Fire Chief.
a. Report of Disbursements for the Month of December 2021 - Finance. b. Adoption of Ordinance Amending Article 1 of Division 1, Chapter 4 of the Ukiah City Code to Reform the Paths, Open Space, and Creeks Commission and the Parks, Recreation and Golf Commission into the Public Spaces Commission – Community Services.

ORDINANCE NO. 1219
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 1 AND REPEALING ARTICLE 1B FROM DIVISION 1, CHAPTER 4 OF THE CITY CODE TO ESTABLISH THE PUBLIC SPACES COMMISSION.
c. Report of Emergency Purchase Order #47685 Issued to Wipf Construction LLC for the Water Resources Department in the Amount of $38,500 to Replace Two Check Valves that Failed and Approve a Budget Amendment for Expenses in the 2021/2022 Fiscal Year Related to Equipment Maintenance and Repair using Water Resources Reserve Funds – Water Resources. d. Award of Professional Services Agreement (COU No. 2122-174) to On Duty Health for Annual National Fire Protection Association (NFPA) Compliant Physical Exams and Screenings for Fire Authority Staff in the Amount of $28,415.48 - Fire.

Motion/Second: Rodin/Orozco to approve Consent Calendar Items 7a-d, with 7d approved as amended. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None.

Note: Agenda Item 8 was heard directly after roll call.

9. COUNCIL REPORTS
Presenters: Mayor Brown and Councilmember Crane (spoke during City Manager reports)

10. CITY MANAGER/CITY CLERK REPORTS
Presenters:
 General Plan Update – Craig Schlatter, Community Development Director.  Clean CA Grant Application – Shannon Riley, Deputy City Manager.

11. PUBLIC HEARINGS (6:15 PM)
a. The Ukiah City Council Will Receive a Financial Report of the Electric Utility and Consider Adoption of the Proposed Electric Rate Adjustments and Create a 100% Green Energy Rate by Resolution.

Presenters: Cindy Sauers, Electric Utility Director; Mel Grandi, Retired Electric Utility Director; and Boris Prokop, Borismetrics.

PUBLIC HEARING OPENED AT 7:20 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 7:22 P.M.

City Council Minutes for February 2, 2022, Continued:

Motion/Second: Rodin/Crane to approve the proposed electric rate adjustments and create a 100% Green Energy Rate by Resolution (2022-08). Motion carried by the following roll call votes: AYES:

Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. b. Conduct a Public Hearing and Consider Adopting Respective Resolutions Authorizing Lease Revenue Bonds, Series 2022 to Renovate the City Corporation Yard and Construct Improvements to Various City Streets (This item was continued from January 19, 2022.) Presenter: Dan Buffalo, Finance Director.

PUBLIC HEARING OPENED AT 7:55 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 7:56 P.M.

Motion/Second: Rodin/Crane to adopt resolution (2022-09) authorizing the issuance of lease revenue bonds and authorizing the City Manager to execute all related documents (including following agreement nos: COU No. 2122-175 – Site Lease; 2122-176 – Lease Agreement; 2122-177 – Indenture of Trust; 2122-178 – Assignment Agreement; 092122-179 – Bond Purchase Agreement) for the renovation of the City Corporation Yard and improvements to various City streets. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES:

None. ABSENT: None. ABSTAIN: None.

THE CITY COUNCIL ADJOURNED TO THE UKIAH PUBLIC FINANCING AUTHORITY MEETING AT 8:06 P.M.

UKIAH PUBLIC FINANCING AUTHORITY

1. ROLL CALL
The Ukiah Financing Authority met at a Special Meeting on February 2, 2022, having been legally noticed on January 28, 2022. Chair Brown called the meeting to order at 8:07 p.m. Roll was taken with the following Members Present: Juan V. Orozco, Douglas, F. Crane, Mari Rodin, Josefina Dueňas, and Jim O. Brown. Staff Present:

Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, Public Financing Authority Secretary.

CHAIR BROWN PRESIDING.

RECESS: 8:07 – 8:20 P.M.

2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was received.

3. APPROVAL OF MINUTES
a. Approval of the Minutes for the September 30, 2020; December 15, 2021; and January 19, 2022, Special Meetings.

Motion/Second: Crane/Orozco to approve the minutes for the September 30, 2020; December 15, 2021; and January 19, 2022, Special Meetings, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None.

City Council Minutes for February 2, 2022, Continued:

4. UNFINISHED BUSINESS
b. Consider Adopting Respective Resolutions Authorizing Lease Revenue Bonds, Series 2022 to Renovate the City Corporation Yard and Construct Improvements to Various City Streets.

Presenter: Dan Buffalo, Finance Director.

Motion/Second: Crane/Rodin to approve and adopt the attached resolution (PFA Reso 2202-01) authorizing the issuance of lease revenue bonds and City management to execute all related documents for the renovation of the City Corporation Yard and improvements to various city streets. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES:

None. ABSENT: None. ABSTAIN: None.

5. ADJOURNMENT

There being no further business, the meeting adjourned at 8:26 p.m.

THE CITY COUNCIL RECONVENED THE REGULAR MEETING AT 8:26 P.M.

12. UNFINISHED BUSINESS
a. Possible Introduction By Title Only of Ordinance Restricting the Retail Sale of Nitrous Oxide.

Presenter: Darcy Vaughn, Assistant City Attorney.

Public Comment: Mike Hausberger.

Motion/Second: Rodin/Duenas to introduce the Ordinance by title only. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT:

None. ABSTAIN: None.

City Clerk, Kristine Lawler, read the following title into the record:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 7.1 TO DIVISION 2, CHAPTER 2 OF THE CITY CODE TO RESTRICT RETAIL SALES OF NITROUS OXIDE.

Motion/Second: Rodin/Orozco to introduce an ordinance Restricting the Retail Sale of Nitrous Oxide Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None.
b. Receive Annual Report Regarding Review of Ordinance for Marijuana Dispensaries and Consider the Formation of an Ad Hoc to Review Potential Ordinance Modifications to Streamline the Permitting/Renewal Process and Other Potential Considerations.

Presenters: Craig Schlatter, Community Development Director and Mireya Turner, Planning Manager.

Motion/Second: Crane/Rodin to appoint Vice Mayor Duenas and Mayor Brown to serve on a Cannabis ad hoc committee to explore ordinance modifications. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None.

ABSTAIN: None.

City Council Minutes for February 2, 2022, Continued:

13. NEW BUSINESS
a. Seeking Direction from Council Regarding Updates to the Municipal Codes Regulating City Parks.

Presenter: Neil Davis, Community Services Director.

Council Consensus to refer this item to the Public Spaces Commission - along with Mr. Davis’ notes regarding the Council comments and concerns - for refining, then bring back to Council. b. Discuss and Provide Direction for the Establishment of an Oversight Committee, with Possible Appointments, to Review Measure P Expenditures for Fiscal Years 2019 and 2020 per Resolution 2014-28.

Presenter: Noble Waidelich, Police Chief.

Motion/Second: Crane/Orozco to approve the establishment of an Oversight Committee to review Measure P expenditures for the fiscal years 2019 and 2020; and appoint Edward Eversole, Larry Olson and Roe Sandelin as persons representing members at large; Max Brazill representing the Ukiah Police Department; and Tony Selvitella representing the Ukiah Valley Fire Authority to the Measure P Oversight Committee. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. AB-STAIN: None. c. Receive Updates; Discussion and Appointments Regarding 2022 Council Assignments; and Consideration of Disbandment and Modification to City Council Committees and Ad Hocs.

Presenter: Shannon Riley, Deputy City Manager.

Motion/Second: Crane/Rodin to form two new ad hocs: Mayor Brown and Councilmember Crane to serve on a Special Districts ad hoc; and Councilmembers Rodin and Orozco to serve on a Public Financing ad hoc. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None.

14. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3))
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1)
b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2)or(3))
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 potential case, involving possible termination of construction contract for cause)
c. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No.

SCUK-CVPT-2018-70200
d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No.

SCUK-CVPT-20-74612

City Council Minutes for February 2, 2022, Continued:

e. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT-15-66036
f. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603
g. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Gerardo Magdaleno, by and through his Guardian Ad Litem, Pedro Francisco Magdaleno v. City of Ukiah, Justin Wyatt (Fed.

Dist. Ct. N.D. Cal.) 3:21-2609 VC.
h. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 157-050-03, 157-060-02, 157-050-04, 157-050-03, 157-030-02, 157-050- 01, 157-050-02, 157-050-10, 157-050-09, 157- 070-01, 157-070-02, 003-190-01
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Dave Hull and Ric Piffero
Under Negotiation: Price & Terms of Payment
i. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No Closed Session was held during the regular meeting.

15. ADJOURNMENT
There being no further business, the meeting adjourned at 9:45 p.m. ________________________________
Kristine Lawler, City Clerk/CMC

Agenda Item No: 7.a.

MEETING DATE/TIME: 2/16/2022
ITEM NO:

AGENDA SUMMARY REPORT
SUBJECT: Report of Disbursements for the Month of January 2022 DEPARTMENT: Finance PREPARED BY: Candice Rasmason, Accounts Payable PRESENTER: Consent Calendar
ATTACHMENTS:

1. January 2022 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

4. January 2022 Disbursement Detail
Summary: The Council will review and consider approval of the Report of Disbursements for the month of January 2022.

Background: Payments made during the month of January 2022 are summarized in the Report of Disbursements. Further detail is supplied on the Schedule of Bills, representing the four (4) individual payment cycles within the month.

Accounts Payable Check Numbers (City & UVFA): 3045868-3045987; 3045988-3046098; 3046099-3046200; 3046201-3046293
Accounts Payable Wire Transfers: 60
Payroll Check Numbers: 5010109-510162; 510171-510247
Payroll Manual Check Numbers: 509923-510108; 510166-510170 Direct Deposit Numbers: 109089-109353; 109354-109608
Manual Direct Deposit Numbers: N/A
Void Check Numbers: 3046064, 3046065
Void Direct Deposit Numbers: 109275, 109286
Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1.

Attachment #1: January 2022 Summary of Disbursements
Attachment #2: Account Codes for Reference
Attachment #3: Object Codes for Reference
Attachment #4: January 2022 Disbursement Detail

Recommended Action: Approve the Report of Disbursements for the Month of January 2022.

BUDGET AMENDMENT REQUIRED: N/A

CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A

Attachment 1
FUNDS:
100 General Fund $200,312.53 700 Sanitary Disposal Site Fund $6,268.88 101 GF-(Sub-Fund) Visit Ukiah $43,750.25 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $58,638.69 702 Disposal Closure Reserve Fund 110 Special General Fund 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $470,999.08 710 Ambulance Services Fund $18,171.66 130 Gov'tl Debt SVC/Reserve Fund $1,250.00 720 Golf Fund $2,128.48 200 City Adminstrative Services $72,856.96 730 Confernence Center Fund $5,428.94 201 Worker's Comp Fund 750 Visit Ukiah
202 Liability Fund 777 Airport Fund $61,270.22
203 Garage Fund $10,726.44 778 Airport Capital Improvement Fund $10,758.16 204 Purchasing Fund $504.06 779 Special Aviation Fund $14,374.43 205 Billing & Collections Fund $20,169.63 800 Electric Fund $972,931.11 206 Public Safety Dispatch Fund $1,142.07 801 Electric Capital Reserve Fund $26,144.17 207 Payroll Posting Fund $314,495.55 803 Lake Mendocino Bond Reserve 208 Building Maintenance/Corp Yard Fund $21,424.16 805 Street Lighting Fund $9,071.74 209 IT Fund $20,573.52 806 Public Benefits Fund $33,895.74 220 Equipment Reserve Fund 807 Cap and Trade
249 City Housing Bond Proceeds 820 Water Fund $115,006.29 250 Special Revenue Fund $0.00 822 Water Capital Improvement Fund $316,877.16 251 Special Projects Reserve Fund 830 Recycled Water Fund $160,738.63 253 CITY PROP 172 840 City/District Sewer Fund $112,230.97 300 Park Development Fund 841 Sewer Contruction Fund
301 Anton Stadium Fund $0.00 843 Sewer Capital Fund
302 Observatory Park Fund 900 Special Deposit Trust $4,047.90 304 Swimming Pool Fund $0.00 901 General Service (Accts Recv) $348.00 305 Riverside Park Fund $0.00 902 U.S.W. Billing & Collection $930.45 306 Skate Park Fund $0.00 903 Public Safety - AB 109 $0.00 310 Museum Grants 905 Federal Emergency Shelter Grant
311 Alex Rorbaugh Recreation Center Fund $6,487.46 905 Mendocino Emergency Service Authority 312 Downtown Business Improvement Fund 911 Russian River Watershed Association $25,546.88 313 LMIHF Housing Asset Fund 915 UVFD $729.29
314 Winter Special Events $52,838.98 916 UVFD PROP 172
315 Advanced Planning Fund $0.00 917 UVFD Measure B $18,741.86 500 2106 Gas Tax Fund 918 UVFD Mitigation $1,361.77
501 2107 Gas Tax Fund 940 Sanitation District Special Fund $491,186.63 503 2105 Gas Tax Fund 942 Rate Stabilization - UVSD Fund 505 Signalization Fund 943 Sanitation District Capital Improvement Fund 506 Bridge Fund 952 REDIP Sewer Enterprise Fund
507 1998 STIP Augmentation Fund 960 Community Redevelopment Agency 508 SB325 Reimbursement Fund 961 RDA Housing Pass-Through 509 S.T.P. Fund $218.44 962 Redevelopment Housing Fund
510 Trans-Traffic Congest Relief Fund 963 Housing Debt
511 Rail Trail Fund $7,085.00 964 RDA Capital Pass-Through 600 Community Development Block Grant 965 Redevelopment Capital Improvement Fund 601 EDBG 94-333 Revolving Loan 966 Redevelopment Debt Service 602 Community Development Fund 967 Housing Bond Proceeds 603 08-HOME-4688 968 Non-Housing Bond Proceeds
604 CDBG Grant 09-STBG-6417 969 RDA Obligation Retirement Fund $3,200.00 605 11-HOME-7654 Fund $0.00 844/944 Sewer Capital Projects Fund $6,726.58 606 CDBG Grant 10-EDEF-7261
607 Prop 84 Grant Fund
609 13-CDBG-8940
610 City RDA Projects Fund
613 Home Program Activities
620 CASP Train
630 Asset Seizure Fund Retainage Withheld $37,742.72
631 Asset Seizure Fund (Drug/Alcohol) 611 CDBG 16-CDBG-11147 $21,246.11 633 H & S Education 11489(B)(2)(A1)
634 Federal Asset Seizure Grants
635 SUP Law Enforcement Service Fund
636 CBTHP Officer $1,459.13
637 Local Law Enforcement Block Grant
638 Asset Forfeiture 11470.2 H & S
639 Special Revenue - Police
640 Parking District Fund $692.92
670 Federal American Rescue Fund
691 Museum Fund
695 Transfer Station Fund
696 Solid Waste Mitigation Fund
PAYROLL CHECK NUMBERS: 510109-510165 TOTAL DEMAND PAYMENTS- A/P CHECKS $3,782,729.64 DIRECT DEPOSIT NUMBERS: 109089-109353 TOTAL DEMAND PAYMENTS- EFT's $0.00 PAYROLL PERIOD: 12/26/21-1/8/22 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,151,154.16 PAYROLL CHECK NUMBERS: 510171-510247 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $646,858.50 DIRECT DEPOSIT NUMBERS: 109354-109608 * vendor name( if applicable) PAYROLL PERIOD: 1/9/22-1/22/22
PAYROLL CHECK NUMBERS:

DIRECT DEPOST NUMBERS:

PAYROLL PERIOD:

VOID CHECK NUMBERS: TOTAL PAYMENTS $5,580,742.30
3046064, 3046065
109275, 109286
509923-510108, 510166-510170
WIRE TRANSFER NUMBERS:
60 CERTIFICATION OF CITY CLERK
This register of Payroll and Demand Payments was duly approved by the City Council on ____________________.

City Clerk

APPROVAL OF CITY MANAGER CERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same. I have audited this Register and approve for accuracy and available funds.
____________________________________________ ________________________________________________ City Manager Director of Finance
MANUAL CHECK NUMBERS:

CITY OF UKIAH

REPORT OF DISBURSEMENTS

REGISTER OF PAYROLL AND DEMAND PAYMENTS

FOR THE MONTH OF JANUARY

Account Code Summary Attachment 2
10000000 GENERAL FUND 20012500 CITY CLERK
10017200 SUCCESSOR AGENCY 20012600 ECONOMIC DEVELOPMENT 10020000 POLICE - GEN FUND 20012800 EMERGENCY MANAGEMENT 10020210 POLICE PATROL 20013210 ACCOUNTS PAYABLE
10020214 POLICE VOLUNTEERS 20013220 PAYROLL
10020216 COPS GRANT 20013400 ACCOUNTING
10020217 POLICE ANIMAL CONTROL 20013401 BUDGET MANAGEMENT 10020218 POLICE CSO 20014000 CITY ATTORNEY
10020220 CODE ENFORCEMENT 20015100 CITY TREASURER
10020224 MAJOR CRIMES TASK FORCE 20016100 HUMAN RESOURCES 10021210 CITY FIRE 20023510 HOUSING GRANTS
10022100 PARKS 20023520 NON-HOUSING GRANTS
10022300 AQUATICS 20100000 WORKER'S COMP FUND
10022700 MUSEUM - GEN FUND 20116220 WORKERS COMPENSATION 10022810 RECREATION ADMINISTRATION 20200000 LIABILITY FUND 10022821 ADULT BASKETBALL 20216200 RISK MANAGEMENT
10022822 ADULT SOFTBALL 20300000 GARAGE FUND
10022824 CO-ED VOLLEYBALL 20324100 GARAGE
10022831 YOUTH BASKETBALL 20324110 FLEET MAINTENANCE
10022832 YOUTH SOFTBALL 20400000 PURCHASING FUND
10022840 DAY CAMP 20413500 PURCHASING
10022850 CLASSES & CLINICS 20413510 CAPITAL ASSET MANAGEMENT 10022860 SPECIAL ACTIVITIES 20413520 GRANTS AND SPECIAL PROJECTS 10022900 COMM SVCS SPECIAL SERVICES 20414000 LEGAL SERVICES/EXPENSES 10023100 PLANNING SERVICES 20500000 BILLING AND COLLECTION FUND 10023110 CURRENT PLANNING 20513300 UTILITY BILLING
10023300 BUILDING INSPECTION 20513380 METERING-ELECTRIC 10023320 BUILDING INSPECTION 20513382 METERING-WATER
10023411 CDBG GENERAL ADMIN 20600000 PUBLIC SAFETY DISPATCH FUND 10024200 ENGINEERING/STREETS 20620231 POLICE UKIAH DISPATCH 10024210 ENGINEERING 20620232 POLICE FT BRAGG DISPATCH
10024214 TRAFFIC SIGNAL OPERATIONS 20700000 PAYROLL POSTING FUND 10024224 STORM WATER 20800000 BUILDING & MAINTENANCE
10024310 CORP YARD MAINTENANCE 20822500 BUILDING & MAINTENANCE 10024620 STREETS 20824300 BLDG MAINT CORP YARD
10100000 GF- (SUB-FUND) VISIT UKIAH 20900000 IT FUND
10112700 GF-(SUB-FUND) VISIT UKIAH 20913900 INFORMATION TECHNOLOGY 10500000 MEASURE S GENERAL FUND 22000000 FIXED ASSET FUND 10521210 FIRE AUTHORITY 25100000 SPECIAL PROJECTS RESERVE FUND 12000000 STREET REHABILITATION 25300000 PROP 172 FUND
12024200 PUBLIC WORKS ENGINEERING 25321210 CITY FIRE
13000000 GOV'TL DEBT SVC/RESERVE FUND 30000000 PARK DEVELOPMENT FEES FUND 20000000 CITY ADMINISTRATIVE SERVICES 30022200 PARK DEVELOPMENT 20010000 CITY COUNCIL 30100000 ANTON STADIUM FUND
20012100 CITY MANAGER 30200000 OBSERVATORY PARK FUND
20012200 ADMINISTRATIVE SUPPORT 30300000 PLAYGROUND & PARK AMENITIES FU 20012300 COMMUNITY OUTREACH/PUBLIC INFO 30322230 PLAYGROUND AND PARK AMENITIES

Account Code Summary Attachment 2
30400000 SWIMMING POOL FUND 63820210 ASSET FORFEITURE 11470 EXPENDI 30522250 RIVERSIDE PARK 63900000 SPECIAL REVENUE POLICE 30600000 SKATE PARK FUND 64000000 PKG. DIST. #1 OPER & MAINT FUN 30700000 SOFTBALL COMPLEX FUND 64012600 ECONOMIC DEVELOPMENT 31100000 ARRC GENERAL OPERATING FUND 64020213 POLICE PARKING ENFORCEMENT 31122000 ARRC 67000000 FEDERAL AMERICAN RESCUE FUNDS
31200000 DOWNTOWN BUSINESS IMPROVEMENT 69500000 TRANSFER STATION 31212600 ECONOMIC DEVELOPMENT 69624000 SOLID WASTE MITIGATION FUND 31300000 LMIHF HOUSING ASSET FUND 70000000 SANITARY DISPOSAL SITE FUND 31323400 HOUSING 70024500 LANDFILL 700
31323431 LMI GENERAL ADMIN 70124500 LANDFILL CORRECTIVE 31500000 ADVANCED PLANNING FUND 70200000 DISPOSAL CLOSURE RESERVE FUND 31523100 COMMUNITY PLANNING 70224500 LANDFILL CLOSURE
50000000 GAS TAX FUND 70400000 POST CLOSURE FUND-SOLID WASTE 50024214 TRAFFIC SIGNAL OPERATIONS 71000000 AMBULANCE SERVICES FUND 50500000 SIGNALIZATION FUND 71021100 AMBULANCE SERVICES 50800000 SB325 REIMBURSEMENT FUND 72000000 GOLF FUND
50824210 SB325 ENGINEERING 72022400 GOLF
50900000 S.T.P. 73000000 CONFERENCE CENTER FUND
50924210 STP ENGINEERING 73022600 CONFERENCE CENTER
51100000 RAIL TRAIL FUND 77700000 AIRPORT FUND
51124210 Rail Trail 77714000 CITY ATTORNEY
60000000 COMM. DEVELOPMT. BLOCK GRANT F 77725200 AIRPORT OPERATIONS 60023411 CDBG GENERAL ADMIN 77800000 AIRPORT CAPITAL IMPROVEMENT FU 60023412 CDBG ACTIVITY DELIVERY 77825200 AIRPORT CAPITAL 61100000 CDBG 16-CDBG-11147 77900000 SPECIAL AVIATION FUND 61112600 CDBG ECONOMIC DEVELOPMENT 77925200 AIRPORT SPECIAL 61123410 16-CDBG-11147 80000000 ELECTRIC FUND
61123411 CDBG GENERAL ADMIN 80014000 CITY ATTORNEY
61200000 FUND 612 UNASSIGNED 80026110 ELECTRIC OVERHEAD 61223400 HOME CDD HOUSING 80026120 ELECTRIC UNDERGROUND 61223422 HOME ACTIVITY DELIVERY 80026200 TELEMETRY & CALIBRATION 61323400 HOME HOUSING ACTIVITIES 80026210 SUBSTATION
61323421 HOME GENERAL ADMIN 80026220 HYDROELECTRIC PLANT 62000000 CASP CERTIF & TRAINING 80026400 ELECTRIC ADMINISTRATION 62023320 CASP CERTIF & TRAINING 80026440 POWER PURCHASES 63000000 ASSET SEIZURE FUND 80100000 ELECTRIC CAPITAL RESERVE FUND 63020210 ASSET SEIZURE EXPENDITURE 80126100 ELECTRIC CIP 63300000 H&S EDUCATION 11489(B)(2)(A1) 80126220 HYDROELECTRIC PLANT 63320210 H&S ASSET SEIZURE EXPENDITURE 80500000 STREET LIGHTING FUND 63400000 FEDERAL ASSET SEIZURE GRANTS F 80526150 STREET LIGHTING 63420250 FED ASSET SEIZURE EXPENDITURE 80600000 PUBLIC BENEFITS CHARGES FUND 63500000 SUP.LAW ENFORCE.SVC.FD(SLESF) 80626450 PUBLIC BENEFITS 63520210 SLESF 80700000 ELECTRIC CAP AND TRADE FUND
63600000 CBTHP OFFICER 80800000 ELECTRIC LOW CARBON FUEL STDS 63620210 CBTHP OFFICER 80826100 ELECTRIC LOW CARBON FUEL STDS 63800000 ASSET FORFEITURE 11470.2 H&S F 82000000 WATER FUND

Account Code Summary Attachment 2
82027110 WATER
82027111 PROD OPERATIONS & MAINTENANCE
82027114 DISTRIB OPERATIONS & MAINT
82100000 WATER CAPITAL RESERVE FUND
82200000 WATER CONNECTION FEE FUND
82227113 WATER DISTRIBUTION CAPITAL
83000000 RECYCLED WATER
83027330 RECYCLED WATER
84000000 CITY/DIST. SEWER OPERATING FUN
84027220 WASTE WATER
84027221 CITY WASTE O & M
84027225 WASTE TREATMENT O & M
84100000 SEWER BOND DEBT SERVICE FUND
84127226 WASTEWATER TREATMENT CAPITAL
84200000 RATE STABILIZATION-CITY FUND
84300000 CONNECTION FEE SEWER FUND (CAP
84400000 CITY SEWER CAPITAL PROJECTS FU
84427221 CITY WASTEWATER O&M 844
84427222 CITY WASTE CAPITAL
90000000 SPECIAL DEPOSIT TRUST FUND
91500000 UKIAH VALLEY FIRE DEPARTMENT
91521400 UVFD FIRE ADMINISTRATION
91600000 UVFD PROP 172
91621400 UVFD PROP 172
91700000 UVFD MEASURE B UNASSIGNED
91721400 UVFD FIRE
91800000 UVFD MITIGATION FEES
91821400 UVFD MITIGATION
96900000 REDEVELOPMENT OBLIGATION RETIR
96917200 SUCCESSOR AGENCY
96995669 969 - RDA OBLIGATION RETIREMEN

51211 PERS UNFUNDED LIABILITY 54101 POSTAGE
51220 INSURANCE 54102 SMALL TOOLS
51230 WORKERS COMP 54103 LAB SUPPLIES
51240 MEDICARE 54106 SPECIALTY SUPPLIES
51260 FICA 54107 EMS SUPPLIES
51270 UNIFORM ALLOWANCE 54120 PW - SPECIAL SUPPLIES
51290 CELL PHONE STIPEND 54121 PW - ASPHALT CONCRETE
52100 CONTRACTUAL SERVICES 54122 PW - AGGREGATE BASE
52110 AMBULANCE BILLING 54124 PW - CONCRETE/SUPPLIES
52111 DEFIBRILLATOR MAINTENANCE 54125 PW - TRAFFIC PAINT 52112 M. S. OVERSIGHT 54126 PW-PREMARKS
52113 PLANNING STUDIES 54127 PW - SIGN POSTS/SHEETING
52114 COMPLIANCE STUDIES 54128 PW - COLD PATCH MATERIAL 52130 EDUCATIONAL & MARKETING MATL'S 54129 PW - TACK OIL 52131 ASSISTANCE TO SENIORS 54130 PW - SAFETY
52133 MONTHLY DISCOUNT PROGRAM 54131 PW - BARRICADES & CONES 52134 GENERAL ADMIN 54161 BACKGROUND & PHYSICALS
52135 ENERGY CONSERVATION PROGRAM 54162 ADVERTISING
52137 PUBLIC BENEFITS PROGRAM MGMT 54163 INTERVIEW SUPPLIES 52139 RESEARCH DEVELOPMENT & DEMO 54165 NEW EMPLOYEE FINGERPRINT 52150 LEGAL SERVICES/EXPENSES 54166 DOT TESTING PROGRAM 52151 EMPLOYEE BENEFIT ADMIN FEES 54167 EMPLOYEE DEVELOPMENT 52155 ACTIVITY DELIVERY 54169 LIVESCAN
52180 SECURITY SERVICES 54201 PRISONER EXPENSE
52181 VOLUNTEER EXPENSES 54202 MAJOR CRIME INVESTIGATIONS 52301 PROPERTY TAX ADMIN FEE 54203 RECRUITMENT
52304 LAFCO FEES AND PROP TAX EXP 54320 SOFTWARE
52500 TRUSTEE FEES 54330 COMPUTER AND TECHNOLOGY
52510 ADVERTISING & PROMOTION 54500 EQUIP RENTS AND LEASES 52515 ADVERTISING & PUBLICATION 54700 FINES & PENALTIES 52521 LIABILITY INSURANCE PREMIUM 55100 TELEPHONE
52522 LIABILITY & PROPERTY DEDUCT 55200 PG&E
52524 PROPERTY INSURANCE PREMIUM 55210 UTILITIES
52525 WORKER'S COMP. EXPENSE 56100 VEHICLE & EQUIPMENT MAINT. & R 52526 REMIF ASSESSMENT PAYMENTS 56112 EQUIPMENT PARTS FOR RESALE 52527 A.D.P. PREMIUM & DEDUCTIBLE 56120 EQUIPMENT MAINTENANCE & REPAIR 52528 LIABILITY INSURANCE 56125 LAB EQUIP-REPAIR & MAINT. 52529 EARTHQUAKE & FLOOD (DIC) 56130 EXTERNAL SERVICES
52532 SAFETY & TRAINING SUPPORT 56210 FUEL & FLUIDS
52533 UVFA RETIREE HEALTH INS 56300 BUILDING MAINT. & REPAIR 52600 RENT 56410 EQUIPMENT RENTAL - PRIVATE
52601 DATA STORAGE & CONNECTIVITY 56504 FACILITY MAINTENANCE & REPAIR 52602 RENTAL OF CITY PROPERTY 56600 AIRFIELD MAINTENANCE & REPAIR 52841 SUCCESSOR AGENCY ADMIN 57100 LEARNING AND DEVELOPMENT 53000 LAWSUIT SETTLEMENT 57101 CONF & TRAINING-AQUATICS 54100 SUPPLIES 57300 MEMBERSHIPS & SUBSCRIPTIONS
Object Code Summary Attachment 3

58101 NCPA PLANT GENERATION
58102 NCPA POWER PURCHASES
58103 NCPA TRANSMISSION
58104 NCPA MANAGEMENT SERVICES
58105 NCPA THIRD PARTY SALES
58202 CHEMICALS
58401 AVIATION FUEL
58410 GARAGE LUBRICANTS & PARTS
58510 REIMBURSABLE JOBS
59100 PROPERTY TAXES PAID
59101 FEES
59102 FRANCHISE FEES
59105 CONTRIBUTIONS TO OTHER AGENCY
59106 SENIOR TRASH SUBSIDY
59108 BANK FEES
59400 OTHER EXPENSES
59500 LOANS ISSUED
59502 SCHOLARSHIPS
61200 PURCHASING ALLOCATION
61300 BILLING & COLLECTION ALLOCATIO
61410 RENT ALLOCATION
61420 BUILDING MAINTENANCE ALLOCATIO
61422 IT ALLOCATION
61430 CORP YARD ALLOCATION
61500 INSURANCE ALLOCATION
61600 GARAGE ALLOCATION
61700 DISPATCH
62100 ADMIN & OVERHEAD ALLOCATION
63000 INTERFUND SERVICES USED
70101 LOAN PAYMENTS MADE
70102 BOND INTEREST EXPENSE
70103 LOAN INTEREST
70201 LOAN PRINCIPAL PAYMENTS
70202 BOND PRINCIPAL PAYMENTS
74500 CAPITAL LEASE PRINCIPAL
74501 CAPITAL LEASE INTEREST
80100 MACHINERY & EQUIPMENT
80210 LAND ACQUISITION
80220 BUILDING IMPROVEMENTS
80230 INFRASTRUCTURE
90100 LOAN PROCEEDS
90101 LOAN PAYMENT RECEIVED

Attachment 4

Agenda Item No: 7.b.

MEETING DATE/TIME: 2/16/2022
ITEM NO: 2022-1211

AGENDA SUMMARY REPORT
SUBJECT: Approval of a Four-Year Cooperative Agreement for Dispatch Services with the California Department of Forestry and Fire Protection in an Amount not to Exceed $1,540,822.

DEPARTMENT: Fire PREPARED BY: Doug Hutchison, Fire Chief PRESENTER: Doug Hutchison, Fire Chief
ATTACHMENTS:

1. Updated Dispatch Agreement
Summary: Council will consider approval of a four-year cooperative agreement for dispatch services with the California Department of Forestry and Fire Protection, for an amount not to exceed $1,540,822.

Background: Since 2012, the City of Ukiah has contracted with the California Department of Forestry and Fire Protection (CAL Fire) for dispatching fire and emergency medical services within the city. The last cooperative agreement expired June 30, 2021.

Discussion: Fire Authority staff previously brought to the City Council a new four-year agreement in June of 2021. That agreement was approved by Council and forwarded to CAL Fire for their signatures and processing. CAL Fire staff identified some incorrect figures that had been used as well as some that had been left off the previous agreement, resulting in the need to resubmit the agreement to the Council for approval. This new agreement outlines the increasing costs in years 2-4 of the contract, as well as the total potential cost over the 4- year term. As in the past, it is important to note that CAL Fire only charges actual costs, and the figures used in the agreement are the maximum allowable. Our history with these agreements has been that the costs have always come in well under the maximum amount. As such, Fire Authority staff, in consultation with the City Manger's office, is comfortable with our currently budgeted amount.. The proposed agreement is retroactive to July 1, 2021, and contains the same terms as our previous agreements. The updated agreement is provided as Attachment 1.

Recommended Action: Approve the updated four-year cooperative agreement for dispatch services with the California Department of Forestry and Fire Protection, and authorize the City Manager to sign.

BUDGET AMENDMENT REQUIRED: No.

CURRENT BUDGET AMOUNT: 10521210.52100: $210,718
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Cost share with Ukiah Valley Fire District.

PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Doug Hutchison- Fire Chief

COOPERATIVE FIRE PROGRAMS

FIRE PROTECTION REIMBURSEMENT AGREEMENT
LG-1 REV. 11/2020
AGREEMENT NUMBER 1CA05265
REGISTRATION NUMBER:

1. This Agreement is entered into between the State Agency and the Local Agency named below:

STATE AGENCY'S NAME
California Department of Forestry and Fire Protection – (CAL FIRE) LOCAL AGENCY’S NAME
City of Ukiah

2. The term of this Agreement is: July 1, 2021 through June 30, 2025

3. The maximum amount of this
Agreement is:
$ 1,540,822.00
One million, five hundred forty thousand, eight hundred twenty two dollars and zero cents

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work – Includes page 2 (contact page) in count for Exhibit A 4 pages Exhibit B – Budget Detail and Payment Provisions 2 pages Exhibit C – General Terms and Conditions 7 pages
Exhibit D – Additional Provisions 5 pages
Exhibit E – Description of Other Services 3 pages
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOCAL AGENCY California Department of General
Services Use Only LOCAL AGENCY’S NAME
City of Ukiah
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Sage Sangiacomo, City Manager

ADDRESS
300 Seminary Avenue, Ukiah, CA 95482

STATE OF CALIFORNIA

AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Chris Anthony, Assistant Deputy Director, Cooperative Fire Protection, Training & Safety ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
ATTACHMENT 1

Contractor Name: City of Ukiah
Contract No.: 1CA05265
Page No.: 2

EXHIBIT A

COOPERATIVE FIRE PROGRAMS

FIRE PROTECTION REIMBURSEMENT AGREEMENT
The project representatives during the term of this agreement will be:

CAL FIRE Unit Chief: Mendocino Unit Local Agency: City of Ukiah Name: George Gonzalez Name: Doug Hutchinson
Phone: (707) 459-7400 Phone: (707) 462-7921
Fax: (707) 459-3041 Fax: (707) 462-2938
All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to:

CAL FIRE Unit Chief: George Gonzalez Local Agency: City of Ukiah Section/Unit: Mendocino Unit Section/Unit: City of Ukiah Attention: Brandon Gunn Attention: Sage Sangiacomo
Address: 17501 N. Hwy 101
Willits, CA 95490
Address: 300 Seminary Ave
Ukiah, CA 95482
Phone: (707) 459-7402 Phone: (707) 463-6221
Fax: (707) 459-3041 Fax:

Send an additional copy of all correspondence to:

CAL FIRE
Cooperative Fire Services
P.O. Box 944246
Sacramento, CA 94244-2460

AUTHORIZATION
As used herein, Director shall mean Director of CAL FIRE. This agreement, its terms and conditions are authorized under the Public Resources Code Sections 4141, 4142, 4143 and 4144, as applicable.

Contractor Name: City of Ukiah
Contract No.: 1CA05265
Page No.: 3

EXHIBIT A

SCOPE OF WORK
Under Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and fire suppression forces including the necessary equipment, personnel, and facilities required to prevent and extinguish forest fires.

The purpose of this agreement is to provide mutually advantageous fire and emergency services through an effective consolidated organization, wherein the STATE is primarily financially responsible for protecting natural resources from vegetation fires and the LOCAL AGENCY is primarily financially responsible for protecting life and property from fires and other emergencies. The LOCAL AGENCY shall have sole authority to establish the fire protection organization and structure needed to meet the determined level of service. This level of service may be based on the LOCAL AGENCY governing board’s established fiscal parameters and assessment of risks and hazards. LOCAL AGENCY personnel providing services under this agreement may include any one or a combination of the following: regular employees, persons temporarily employed and commonly known as volunteers, paid-call firefighters, or others temporarily employed to perform any emergency work or emergency service including, but not limited to fire prevention, fire suppression and emergency medical response.

To comply with the STATE’s mandate for full cost recovery of goods and services provided for others, the LOCAL AGENCY shall be responsible for all STATE costs, both direct and indirect, required to execute the terms of this agreement. These costs shall include, but not be limited to: required training and associated post coverage, employee uniform and Personal Protective Equipment (PPE) costs.

1. FIRE PROTECTION SERVICES TO BE PROVIDED BY THE STATE STATE provides a modern, full service fire protection and emergency incident management agency that provides comprehensive fire protection and other emergency incident response. STATE designs regional fire protection solutions for urban and rural communities by efficiently utilizing all emergency protection resources. Regional solutions provide the most effective method of protecting the citizens of California at local, county and state levels.

Fire protection services to be provided by STATE under this agreement shall include the following:
(check boxes below that apply)
1) Emergency Fire Protection, Medical and Rescue Response: services include commercial, residential, and wildland fire protection, prevention and investigation; hazardous materials incident response; emergency vehicle extrication; hazardous conditions response (flooding, downed power lines, earthquake, terrorist incident, etc.); emergency medical and rescue response; and public service assistance. Also included are management support services that include fire department administration, training and safety, personnel, finance and logistical support.
2) Basic Life Support Services: emergency medical technician (EMT) level emergency medical response providing first aid, basic life support (BLS), airway management, administration of oxygen, bleeding control, and life support system stabilization until patients are transported to the nearest emergency care facility.
3) Advanced Life Support Services: paramedic level emergency medical response providing early advanced airway management, intravenous drug therapy, and life support system stabilization until patients are transported to the nearest emergency care facility. 4) Dispatch Services: provide fire department 9-1-1 emergency dispatch by CAL FIRE Fire/Emergency Command Center (ECC). CAL FIRE will be responsible for fire/emergency

Contractor Name: City of Ukiah
Contract No.: 1CA05265
Page No.: 4
dispatching emergency resource units covered under this agreement. The CAL FIRE ECC is staffed with a Battalion Chief, three or more Fire Captains and Communications Operators to provide 24/7 year-round coverage. There is always an officer of Captain rank or higher to serve as the shift supervisor and command officer. CAL FIRE uses an integrated Computer Aided Dispatch (CAD) system using the latest technology, to direct the closest available resources to all emergency incidents.
5) Fire Code Inspection, Prevention and Enforcement Services: CAL FIRE has staff Fire Inspectors serving under the direction of the LOCAL AGENCY Fire Marshal to provide services to the area covered by this agreement. Fire Code Enforcement will normally be available five days per week, with emergency or scheduled enforcement inspections available seven days per week.

Fire Prevention and Investigation services will be provided by CAL FIRE Prevention Officers trained in arson, commercial, and wildland fire investigation. Officers are available by appointment for site visits and consultations. Officers are trained at CAL FIRE’s Peace Officer Standard Training (POST) certified law enforcement training academy and they cooperate effectively with all local, state and federal law enforcement agencies.
6) Land Use/ Pre-Fire Planning Services – CAL FIRE staff will provide community land use planning, administration of Pre-Fire project work, including community outreach, development of community education programs, project quality control, maintenance of project records and submittal of progress reports, completion of required environmental documentation, acquisition of required permits and completion of other associated administrative duties. 7) Disaster planning services (listed in Exhibit E, Description of Other Services, attached hereto and made a part of this agreement)
8) Specific service descriptions and staffing coverage, by station (listed in Exhibit E, Description of Other Services, attached hereto and made a part of this agreement) 9) Extended Fire Protection Service Availability (Amador)

2. ADMINISTRATION
Under the requirements of California Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and firefighting services as outlined in Exhibit D, Schedule B of this agreement.

A. Director shall select and employ a Region Chief who shall, under the direction of the Director/Chief Deputy Director, manage all aspects of fire prevention and fire protection services and forestry-related programs.

B. Director will select and employ a Unit Chief who shall, under the supervision and direction of Director/Region Chief or a lawful representative, have charge of the organization described in Exhibit D, Schedules A, B and C included hereto and made a part of this agreement.

C. LOCAL AGENCY shall appoint the Unit Chief as the LOCAL AGENCY Fire Chief for all Emergency Fire Protection, Medical and Rescue Response Agreements, pursuant to applicable statutory authority. The Unit Chief may delegate this responsibility to qualified staff.

D. The Unit Chief may dispatch personnel and equipment listed in Exhibit D, Schedules A, B and C from the assigned station or location under guidelines established by LOCAL AGENCY and approved by STATE. Personnel and/or equipment listed in Exhibit D, Schedule B may be dispatched at the sole discretion of STATE.

Contractor Name: City of Ukiah
Contract No.: 1CA05265
Page No.: 5
E. The Unit Chief shall exercise professional judgment consistent with STATE policy and his or her employment by STATE in authorizing or making any assignments to emergencies and other responses, including assignments made in response to requests for mutual aid.

F. Except as may be otherwise provided for in this agreement, STATE shall not incur any obligation on the part of LOCAL AGENCY to pay for any labor, materials, supplies or services beyond the total set forth in the respective Exhibit D, Schedules A and C, as to the services to be rendered pursuant to each Schedule.

G. Nothing herein shall alter or amend or be construed to alter or amend any Collective Bargaining Agreement or Memorandum of Understanding between the State of California and its employees under the State Employer-Employee Relations Act.

3. SUPPRESSION COST RECOVERY
As provided in Health and Safety Code (H&SC) Section 13009, STATE may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. When using LOCAL AGENCY equipment and personnel under the terms of this agreement, STATE may, at the request of LOCAL AGENCY, bring such an action for collection of costs incurred by LOCAL AGENCY. In such a case LOCAL AGENCY appoints and designates STATE as its agent in said collection proceedings. In the event of recovery, STATE shall deduct fees and litigation costs in a proportional percentage amount based on verifiable and justifiable suppression costs for the fire at issue. These recovery costs are for services provided which are beyond the scope of those covered by the local government administrative fee.

In all such instances, STATE shall give timely notice of the possible application of H&SC Section 13009 to the representative designated by LOCAL AGENCY.

4. MUTUAL AID
When rendering mutual aid or assistance as authorized in H&SC Sections 13050 and 13054, STATE may, at the request of LOCAL AGENCY, demand payment of charges and seek reimbursement of LOCAL AGENCY costs for personnel, equipment and operating expenses as funded herein, under authority given by H&SC Sections 13051 and 13054. STATE, in seeking said reimbursement pursuant to such request of LOCAL AGENCY, shall represent LOCAL AGENCY by following the procedures set forth in H&SC Section 13052. Any recovery of LOCAL AGENCY costs, less expenses, shall be paid or credited to LOCAL AGENCY, as directed by LOCAL AGENCY.

In all such instances, STATE shall give timely notice of the possible application of H&SC Sections 13051 and 13054 to the officer designated by LOCAL AGENCY.

5. PROPERTY PURCHASE AND ACCOUNTING
LOCAL AGENCY shall be responsible for all costs associated with property required by personnel to carry out this agreement. Employee uniform costs will be assessed to the LOCAL AGENCY through the agreement billing process. Personal Protective Equipment (PPE) costs shall be the responsibility of the LOCAL AGENCY. By mutual agreement, PPE meeting the minimum specifications established by the STATE may be purchased directly by the LOCAL AGENCY. Alternately, the STATE will supply all PPE and the LOCAL AGENCY will be billed for costs incurred.

All property provided by LOCAL AGENCY and by STATE for the purpose of providing fire protection services shall be marked and accounted for by the Unit Chief in such a manner as to conform to the regulations, if any, established by the parties for the segregation, care, and use of the respective properties.

Contractor Name: City of Ukiah
Contract No.: 1CA05265
Page No.: 6

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. PAYMENT FOR SERVICES
A. LOCAL AGENCY shall pay STATE actual cost for fire protection services pursuant to this agreement an amount not to exceed that set forth in Exhibit D, Schedule A for each fiscal year. STATE shall prepare an Exhibit D, Schedule A each year, which shall be the basis for payment for the entire fiscal year for which services are provided.

B. Any other funds designated by LOCAL AGENCY to be expended under the supervision of or for use by a Unit Chief for fire protection services shall be set forth in Exhibit D, Schedule C. This clause shall not limit the right of LOCAL AGENCY to make additional expenditures, whether under Exhibit D, Schedule C or otherwise.

C. STATE shall invoice LOCAL AGENCY for the cost of fire protection services on a quarterly basis as follows:
1) For actual services rendered by STATE during the period of July 1 through September 30, by an invoice filed with LOCAL AGENCY on or after December 10. 2) For actual services rendered by STATE during the period October 1 through December 31, by an invoice filed with LOCAL AGENCY on or after December 31. 3) For actual services rendered by STATE during the period January 1 through March 31, by an invoice filed with LOCAL AGENCY on or after March 31. 4) For the estimated cost of services during the period April 1 through June 30, by an invoice filed in advance with LOCAL AGENCY on or after March 1. 5) A final statement shall be filed with LOCAL AGENCY by October 1 following the close of the fiscal year, reconciling the payments made by LOCAL AGENCY with the cost of the actual services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment.
6) All payments by LOCAL AGENCY shall be made within thirty (30) days of receipt of invoice from STATE, or within thirty (30) days after the filing dates specified above, whichever is later.
7) The STATE reserves the right to adjust the frequency of billing and payment to a monthly cycle with a thirty (30) day written notice to the LOCAL AGENCY when:
a. The Director predicts a cash flow shortage, or
b. When determined by the Region Chief, after consulting with the Unit Chief and the LOCAL AGENCY Contract Administrator, that the LOCAL AGENCY may not have the financial ability to support the contract at the contract level.

D. Invoices shall include actual or estimated costs as provided herein of salaries and employee benefits for those personnel employed, charges for operating expenses and equipment and the administrative charge in accordance with Exhibit D, Schedule A.

When "contractual rates" are indicated, the rate shall be based on an average salary plus all benefits. "Contractual rates" means an all-inclusive rate established in Exhibit D, Schedule A for total costs to STATE, per specified position, for 24-hour fire protection services during the period covered.

Contractor Name: City of Ukiah
Contract No.: 1CA05265
Page No.: 7
E. STATE shall credit the LOCAL AGENCY, or cover behind at no cost, for the costs of Non-post (e.g. Fire Marshal, Training Officer, etc.) positions and equipment assigned to STATE responsibility fires or other STATE funded emergency incidents. The STATE shall notify the LOCAL AGENCY when this occurs.

2. COST OF OPERATING AND MAINTAINING EQUIPMENT AND PROPERTY The cost of maintaining, operating, and replacing any and all property and equipment, real or personal, furnished by the parties hereto for fire protection purposes, shall be borne by the party owning or furnishing such property or equipment unless otherwise provided for herein or by separate written agreement.

3. BUDGET CONTINGENCY CLAUSE
A. If the LOCAL AGENCY’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein.

B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein.

C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein.

D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein.

E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement.

F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.

Contractor Name: City of Ukiah
Contract No.: 1CA05265
Page No.: 8

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. STATE will not commence performance until such approval has been obtained.

2. AMENDMENT: This agreement may be amended by mutual consent of LOCAL AGENCY and STATE. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

If during the term of this agreement LOCAL AGENCY shall desire a reduction in STATE civil service employees assigned to the organization provided for in Exhibit D, Schedule A, LOCAL AGENCY shall provide 120 days written notice of the requested reduction. Notification shall include the following: (1) The total amount of reduction; (2) The firm effective date of the reduction; and (3) The number of employees, by classification, affected by a reduction. If such notice is not provided, LOCAL AGENCY shall reimburse STATE for relocation costs incurred by STATE as a result of the reduction. Personnel reductions resulting solely from an increase in STATE employee salaries or STATE expenses occurring after signing this agreement and set forth in Exhibit D, Schedule A to this agreement shall not be subject to relocation expense reimbursement by LOCAL AGENCY.

If during the term of this agreement costs to LOCAL AGENCY set forth in any Exhibit D, Schedule A to this agreement increase and LOCAL AGENCY, in its sole discretion, determines it cannot meet such increase without reducing services provided by STATE, LOCAL AGENCY shall within one hundred twenty (120) days of receipt of such Schedule notify STATE and designate which adjustments shall be made to bring costs to the necessary level. If such designation is not received by STATE within the period specified, STATE shall reduce services in its sole discretion to permit continued operation within available funds.

3. ASSIGNMENT: This Agreement is not assignable by the LOCAL AGENCY either in whole or in part, without the consent of the STATE in the form of a formal written amendment.

4. EXTENSION OF AGREEMENT:

A. One year prior to the date of expiration of this agreement, LOCAL AGENCY shall give STATE written notice of whether LOCAL AGENCY will extend or enter into a new agreement with STATE for fire protection services and, if so, whether LOCAL AGENCY intends to change the level of fire protection services from that provided by this agreement. If this agreement is executed with less than one year remaining on the term of the agreement, LOCAL AGENCY shall provide this written notice at the time it signs the agreement and the one year notice requirement shall not apply.

B. If LOCAL AGENCY fails to provide the notice, as defined above in (A), STATE shall have the option to extend this agreement for a period of up to one year from the original termination date and to continue providing services at the same or reduced level as STATE determines would be appropriate during the extended period of this agreement. Six months prior to the date of expiration of this agreement, or any extension hereof, STATE shall give written notice to LOCAL AGENCY of any extension of this agreement and any change in the level of fire protection services STATE will provide during the extended period of this agreement.

Services provided and obligations incurred by STATE during an extended period shall be accepted by LOCAL AGENCY as services and obligations under the terms of this agreement.

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C. The cost of services provided by STATE during the extended period shall be based upon the amounts that would have been charged LOCAL AGENCY during the fiscal year in which the extended period falls had the agreement been extended pursuant hereto. Payment by LOCAL AGENCY for services rendered by STATE during the extended period shall be as provided in Exhibit B, Section 1, B of this agreement.

5. AUDIT: STATE, including the Department of General Services and the Bureau of State Audits, and LOCAL AGENCY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this agreement. STATE and LOCAL AGENCY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated, and to allow the auditor(s) of the other party access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. STATE and LOCAL AGENCY agree to a similar right to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

6. INDEMNIFICATION: Each party, to the extent permitted by law, agrees to indemnify, defend and save harmless the other party, its officers, agents and employees from (1) any and all claims for economic losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm, or corporation furnishing or supplying work services, materials or supplies to that party and (2) from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by that party, in the performance of any activities of that party under this agreement, except where such injury or damage arose from the sole negligence or willful misconduct attributable to the other party or from acts not within the scope of duties to be performed pursuant to this agreement; and (3) each party shall be responsible for any and all claims that may arise from the behavior and/or performance of its respective employees during and in the course of their employment to this cooperative agreement.

7. DISPUTES: LOCAL AGENCY shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of LOCAL AGENCY, be available for contract resolution or policy intervention with the STATE’s Region Chief when, upon determination by the designated STATE representative, the Unit Chief acting as LOCAL AGENCY’s Fire Chief under this agreement faces a situation in which a decision to serve the interest of LOCAL AGENCY has the potential to conflict with STATE interest or policy. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time by the LOCAL AGENCY and STATE employees normally responsible for the administration of this agreement shall be brought to the attention of the CAL FIRE Director or designee and the Chief Executive Officer (or designated representative) of the LOCAL AGENCY for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. STATE and LOCAL AGENCY agree to continue with the responsibilities under this Agreement during any dispute.

8. TERMINATION FOR CAUSE/CANCELLATION:

A. If LOCAL AGENCY fails to remit payments in accordance with any part of this agreement, STATE may terminate this agreement and all related services upon 60 days written notice to LOCAL AGENCY. Termination of this agreement does not relieve LOCAL AGENCY from providing STATE full compensation in accordance with terms of this agreement for services actually rendered by STATE pursuant to this agreement.

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B. This agreement may be cancelled at the option of either STATE or LOCAL AGENCY at any time during its term, with or without cause, on giving one year’s written notice to the other party. Either LOCAL AGENCY or STATE electing to cancel this agreement shall give one year’s written notice to the other party prior to cancellation.

9. INDEPENDENT CONTRACTOR: Unless otherwise provided in this agreement LOCAL AGENCY and the agents and employees of LOCAL AGENCY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE.

10. NON-DISCRIMINATION CLAUSE: During the performance of this agreement, LOCAL AGENCY shall be an equal opportunity employer and shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS) mental disability, medical condition (e.g.cancer), age (over 40), marital status, denial of family care leave, veteran status, sexual orientation, and sexual identity. LOCAL AGENCY shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. LOCAL AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. LOCAL AGENCY shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

In addition, LOCAL AGENCY acknowledges that it has obligations relating to ethics, Equal Employment Opportunity (EEO), the Fire Fighter’s Bill of Rights Act (FFBOR), and the Peace Officer’s Bill of Rights Act (POBOR). LOCAL AGENCY shall ensure that its employees comply with all the legal obligations relating to these areas. LOCAL AGENCY shall ensure that its employees are provided appropriate training.

11. TIMELINESS: Time is of the essence in the performance of this agreement.

12. COMPENSATION: The consideration to be paid STATE, as provided herein, shall be in compensation for all of STATE’s expenses incurred in the performance hereof, including travel, per Diem, and taxes, unless otherwise expressly so provided.

13. GOVERNING LAW: This agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

14. CHILD SUPPORT COMPLIANCE ACT: “For any Agreement in excess of $100,000, the LOCAL AGENCY acknowledges in accordance with Public Contract Code 7110, that:

A. The LOCAL AGENCY recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The LOCAL AGENCY, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.”

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Contract No.: 1CA05265
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15. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

16. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY

ACT (HIPAA)
The STATE and LOCAL AGENCY have a responsibility to comply with the provisions of the 1996 Federal Health Insurance Portability and Accountability Act (HIPAA) and the 2001 State Health Insurance Portability and Accountability Implementation Act. HIPAA provisions become applicable once the association and relationships of the health care providers are determined by the LOCAL AGENCY. It is the LOCAL AGENCY’S responsibility to determine their status as a “covered entity” and the relationships of personnel as “health care providers”, “health care clearinghouse”, “hybrid entities”, business associates”, or “trading partners”. STATE personnel assigned to fill the LOCAL AGENCY’S positions within this Agreement, and their supervisors, may fall under the requirements of HIPAA based on the LOCAL AGENCY’S status. It is the LOCAL AGENCY’S responsibility to identify, notify, train, and provide all necessary policy and procedures to the STATE personnel that fall under HIPAA requirements so that they can comply with the required security and privacy standards of the act.

17. LIABILITY INSURANCE
The STATE and LOCAL AGENCY shall each provide proof of insurance in a form acceptable to the other party at no cost one to the other, to cover all services provided and use of local government facilities covered by this agreement. If LOCAL AGENCY is insured and/or self-insured in whole or in part for any losses, LOCAL AGENCY shall provide a completed Certification of Self Insurance (Exhibit D, Schedule E) or certificate of insurance, executed by a duly authorized officer of LOCAL AGENCY. Upon request of LOCAL AGENCY the STATE shall provide a letter from DGS, Office Risk and Insurance Management executed by a duly authorized officer of STATE. If commercially insured in whole or in part, a certificate of such coverage executed by the insurer or its authorized representative shall be provided.

Said commercial insurance or self-insurance coverage of the LOCAL AGENCY shall include the following:

A. Fire protection and emergency services - Any commercial insurance shall provide at least general liability for $5,000,000 combined single limit per occurrence.

B. Dispatch services – Any commercial insurance shall provide at least general liability for $1,000,000 combined single limit per occurrence.

C. The CAL FIRE, State of California, its officers, agents, employees, and servants are included as additional insured’s for purposes of this contract.

D. The STATE shall receive thirty (30) days prior written notice of any cancellation or change to the policy at the addresses listed on page 2 of this agreement.

18. WORKERS COMPENSATION: (only applies where local government employees/volunteers are supervised by CAL FIRE, as listed in Exhibit D Schedule C. STATE contract employees’ workers compensation is included as part of the contract personnel benefit rate).

A. Workers' Compensation and related benefits for those persons, whose use or employment is contemplated herein, shall be provided in the manner prescribed by California Labor Codes, State Interagency Agreements and other related laws, rules, insurance policies, collective bargaining agreements, and memorandums of understanding.

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B. The STATE Unit Chief administering the organization provided for in this agreement shall not use, dispatch or direct any non STATE employees, on any work which is deemed to be the responsibility of LOCAL AGENCY, unless and until LOCAL AGENCY provides for Workers' Compensation benefits at no cost to STATE. In the event STATE is held liable, in whole or in part, for the payment of any Worker's Compensation claim or award arising from the injury or death of any such worker, LOCAL AGENCY agrees to compensate STATE for the full amount of such liability.

C. The STATE /LOCAL AGENCY shall receive proof of Worker’s Compensation coverage and shall be notified of any cancellation and change of coverage at the addresses listed in Section 1.

19. CONFLICT OF INTEREST: LOCAL AGENCY needs to be aware of the following provisions regarding current or former state employees. If LOCAL AGENCY has any questions on the status of any person rendering services or involved with the Agreement, the STATE must be contacted immediately for clarification.

Current State Employees (Public Contract Code §10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Public Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If LOCAL AGENCY violates any provisions of above paragraphs, such action by LOCAL AGENCY shall render this Agreement void. (Public Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Public Contract Code §10430 (e))

20. LABOR CODE/WORKERS' COMPENSATION: LOCAL AGENCY needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and LOCAL AGENCY affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

21. AMERICANS WITH DISABILITIES ACT: LOCAL AGENCY assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis

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of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

22. LOCAL AGENCY NAME CHANGE: An amendment is required to change the LOCAL AGENCY’S name as listed on this Agreement. Upon receipt of legal documentation of the name change the STATE will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

23. RESOLUTION: A county, city, district, or other local public body must provide the STATE with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

24. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the LOCAL AGENCY shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

25. AFFIRMATIVE ACTION. STATE certifies its compliance with applicable federal and State hiring requirements for persons with disabilities, and is deemed by LOCAL AGENCY to be in compliance with the provisions of LOCAL AGENCY’S Affirmative Action Program for Vendors.

26. DRUG AND ALCOHOL-FREE WORKPLACE. As a material condition of this Agreement, STATE agrees that it and its employees, while performing service for LOCAL AGENCY, on LOCAL AGENCY property, or while using LOCAL AGENCY equipment, shall comply with STATE’s Employee Rules of Conduct as they relate to the possession, use, or consumption of drugs and alcohol.

27. ZERO TOLERANCE FOR FRAUDULENT CONDUCT IN LOCAL AGENCY SERVICES.

STATE shall comply with any applicable “Zero Tolerance for Fraudulent Conduct in LOCAL AGENCY Services.” There shall be “Zero Tolerance” for fraud committed by contractors in the administration of LOCAL AGENCY programs and the provision of LOCAL AGENCY services.

Upon proven instances of fraud committed by the STATE in connection with performance under the Agreement, the Agreement may be terminated consistent with the termination for cause/cancellation term, Exhibit C, section 8, subsection B, of Cooperative Fire Programs Fire Protection Reimbursement Agreement, LG-1, between the California Department of Forestry and Fire Protection (CAL FIRE) and the LOCAL AGENCY.

28. CONFIDENTIAL INFORMATION. “Confidential information” means information designated by CAL FIRE and/or the LOCAL AGENCY disclosure of which is restricted, prohibited or privileged by State and federal law. Confidential Information includes, but is not limited to, information exempt from disclosure under the California Public Records Act (Government Code Sections 6250 et seq.) Confidential Information includes but is not limited to all records as defined in Government Code section 6252 as well as verbal communication of Confidential Information.

Any exchange of Confidential Information between parties shall not constitute a “waiver” of any exemption pursuant to Government Code section 6254.5
CAL FIRE and LOCAL AGENCY personnel allowed access to information designated as Confidential Information shall be limited to those persons with a demonstrable business need for such access. CAL FIRE and LOCAL AGENCY agree to provide a list of authorized personnel in writing as required by Government Code section 6254.5(e). CAL FIRE and the LOCAL

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AGENCY agree to take all necessary measures to protect Confidential Information and shall impose all the requirements of this Agreement on all of their respective officers, employees and agents with regards to access to the Confidential Information. A Party to this Contract who experiences a security breach involving Confidential Information covered by this Contract, agrees to promptly notify the other Party of such breach

29. ENTIRE AGREEMENT: This agreement contains the whole agreement between the Parties. It cancels and supersedes any previous agreement for the same or similar services.

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EXHIBIT D

ADDITIONAL PROVISIONS
EXCISE TAX: State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. STATE will pay any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this agreement. The STATE may pay any applicable sales and use tax imposed by another state.

Schedules
The following Schedules are included as part of this agreement (check boxes if they apply):

A. Fiscal Display, PRC 4142 AND/OR PRC 4144 - STATE provided LOCAL AGENCY funded fire protection services. STATE-owned vehicles shall be operated and maintained in accordance with policies of STATE at rates listed in Exhibit D, Schedule A.

B. STATE Funded Resource - A listing of personnel, crews and major facilities of the STATE overlapping or adjacent to the local agency area that may form a reciprocal part of this agreement.

C. LOCAL AGENCY Provided Local Funded Resources - A listing of services, personnel, equipment and expenses, which are paid directly by the local agency, but which are under the supervision of the Unit Chief.

D. LOCAL AGENCY Owned STATE Maintained Vehicles - Vehicle information pertaining to maintenance responsibilities and procedures for local agency-owned vehicles that may be a part of the agreement.

LOCAL AGENCY-owned firefighting vehicles shall meet and be maintained to meet minimum safety standards set forth in Title 49, Code of Federal Regulations; and Titles 8 and 13, California Code of Regulations.

LOCAL AGENCY-owned vehicles that are furnished to the STATE shall be maintained and operated in accordance to LOCAL AGENCY policies. In the event LOCAL AGENCY does not have such policies, LOCAL AGENCY-owned vehicles shall be maintained and operated in accordance with STATE policies. The cost of said vehicle maintenance and operation shall be at actual cost or at rates listed in Exhibit D, Schedule D.

Exhibit D, Schedule D is incorporated into this section if LOCAL AGENCY-owned vehicles listed in Exhibit D, Schedule D are to be operated, maintained, and repaired by STATE.

LOCAL AGENCY assumes full responsibility for all liabilities associated therewith in accordance with California Vehicle Code Sections 17000, 17001 et seq. STATE employees operating LOCAL AGENCY-owned vehicles shall be deemed employees of LOCAL AGENCY, as defined in Vehicle Code Section 17000. Except where LOCAL AGENCY would have no duty to indemnify STATE under Exhibit C, Section 6 for all LOCAL AGENCY-owned vehicles operated or used by employees of STATE under this agreement.

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Contract No.: 1CA05265
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LOCAL AGENCY employees, who are under the supervision of the Unit Chief and operating STATE-owned motor vehicles, as a part of the duties and in connection with fire protection and other emergency services, shall be deemed employees of STATE, as defined in Vehicle Code Section 17000 for acts or omissions in the use of such vehicles. Except where STATE would have no duty to indemnify LOCAL AGENCY under Exhibit C, Section 6.

E. Certification of Insurance - Provider Insurance Certification and/or proof of selfinsurance.

Unit: Mendocino
Agreement Total $1,540,822 1CA05265
PS Total $329,755 PS Total $346,243 PS Total $363,555 PS Total $381,733 OE Total $27,734 OE Total $29,120 OE Total $30,576 OE Total $32,105 TOTAL $357,489 TOTAL $375,363 TOTAL $394,132 TOTAL $413,838 Fiscal Year 21/22
Contract Name: City Of Ukiah
Contract No.:

Page No.: 17
Fiscal Year 22/23 (+5%) Fiscal Year 23/24 (+5%) Fiscal Year 24/25 (+5%)

Fiscal Year: 2021 Sub Total $294,398
Index: 1100 Unit: Mendocino Admin $35,357PCA 17101 Total $329,755 1CA05265PRC: 4142Comments Dispatch Agreement  Overtime Total: $71,015 Number of
Positions Classification/ad-ons (Pick From List) RET. Period Salary Months Salary Rate Total Salary EDWC Rate EDWC Periods Total EDWC Salary Benefits FFI UI EDWC Benefits Total Salary & EDWC Total Position Cost 2 Communications Operator, Range B SAF 12 $6,081 $145,944 $0 0 $0 $74,300 $0 $0 $220,244 $294,3981 Night‐Shift Pay Differential SAF 12 $173 $2,080 $0 $1,059 $0 $3,139 $0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0
1 Overtime SAF $70,000 $0 $1,015 $0 $71,015
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0 Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0 Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0 Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0 Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0 Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0 Overtime $0 $0 $0 $0
This is a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2021 between "City of Ukiah" and The California Department of Forestry and Fire Protection (CAL FIRE) Contract Name: City Of Ukiah
Contract No.:

Page No.: 18
CAL FIRE Unit Chief
CAL FIRE Region Chief
George Gonzalez
Mike Bradley

Fiscal Year: 2021 $0
Index: 1100 $24,760
PCA: 17101 $2,974
PRC: 4142 $27,734 19
Comments

1.45%
Category (Pick from List) Details Number Months Rate Sub-Total Uniform Benefits Total UNIFORM ALLOWANCE FOR COMM OP 2.00 12.00 $104 2,500 $                 0 $         2,500 GENERAL EXPENSE Maintenance, Utlities, EMD 1.00 12.00 $455 5,460 $                 0 $         5,460 TRAINING Employees  2.00 12.00 $700 16,800 $               0 $       16,800 $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                     0 ‐ ‐ $             $                    0 ‐ ‐ $            $                    0 ‐ ‐ $            $                    0 ‐ ‐ $            $                    0 ‐ ‐ $            $                    0 ‐ ‐ $            $                    0 ‐ ‐ $            $                    0 ‐ ‐ $            $                    0 ‐ ‐ $            $                    0 ‐ ‐ $            $                    0 ‐ ‐ $            $                    0 ‐ ‐ $            $                    0 ‐ ‐ $            $                    0 ‐ ‐ $ $                    0 ‐ ‐ $            $                    0 ‐ ‐ $ 1CA05265
City Of Ukiah
Total Page No.:

This is a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2021 between "City of Ukiah" and The California Department of Forestry and Fire Protection (CAL FIRE) Uniform Benefits Contract Name:Sub TotalAdmin Contract No.:

Contractor Name: City of Ukiah
Contract Number: 1CA05265
Exhibit E Page No. 20

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION

MENDOCINO UNIT
Service Description for
Fire and Emergency Medical Dispatch Services
To
City of Ukiah
Within current California Department of Forestry and Fire Protection (CAL FIRE) policy and in addition to the elements of the FIRE SERVICE COMMUNICATION SYSTEM – Memorandum of Understanding – Standard Operational Procedures for the Mendocino County Operational Area (Office of Fire Warden, Mendocino County Fire Chiefs Association, November 1994); the following serves to describe the scope of work to be performed by the CAL FIRE Howard Forest Emergency Command Center (ECC) for the City of Ukiah:

Service
Fire and Emergency Medical Services (EMS) dispatch services will be provided to those Local Fire Service Agencies and Ambulance providers of Mendocino County who are signatory to the Operational Memorandum of Understanding (MOU) of November 1994. Coastal Valley Emergency Medical Services (CVEMS) has designated the Howard Forest ECC (HFECC) as Mendocino County’s Air Ambulance Coordination Center. The HFECC is the secondary Public Safety Answering Point (PSAP) for Mendocino County. CAL FIRE is the Cal OES Fire and Rescue Coordination Center for Mendocino County.

Dispatch services will be provided 24-hours per day, seven days per week, throughout the contract period.

CAL FIRE will provide Emergency Medical Dispatching (EMD) for medical dispatch and call priority determination (when appropriate). EMD provides for a caller to respond to a standardized question format to help determine the type of resources required to appropriately assist the caller. EMD also directs the dispatcher to provide pre-arrival instructions to assist with patient care, once the emergency response has been dispatched.

Generally, all emergency calls will be dispatched within sixty (60) seconds of the call. This time frame is a general target; it is recognized that verification of location information and directions to the location of the emergency as well as completion of the EMD process will sometimes require more than the 60-second time frame. Priority is place on clear and reliable dispatch information for responding resources.

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All emergency, non-emergency and administrative calls for service are logging into the Altaris Computer Added Dispatch program (CAD). All key entries are automatically time stamped by the CAD program for accuracy. All entries that require a field response of any type are logged as incidents and administrative functions (such as Fire Department announcements) are logged in as events and do not generate an incident number.

All CAD data is available on a web-based program that is accessible by a password protected program available to any agency or cooperator who does business with the dispatch center. The program used to retrieve this data is Crystal Reports, a CAL FIRE standard program for CAD data retrieval. All users of this service will be restricted to access records that originate in the Mendocino Unit. This program has pre-built reports that the user can access. Any news reports must be requested through the ECC Manager with specifics of the information requested. No call data or other CAD information will be released to the public.

Staffing
CAL FIRE provides a dispatch center 24 hours per day, seven days a week. Staffing levels for the ECC are a minimum of 1 fully qualified Fire Captain, and 2 fully qualified Communications Operator. During Fire Season, when CAL FIRE fixed wing aircraft are on Contract (normally, 6/15 through 10/15), the ECC is staffed with a minimum of 2 qualified Fire Captains and 2 qualified Communications Operators during the day.

The ECC Manager is a CAL FIRE Battalion Chief. This person is responsible for all ECC operations, personnel, and coordination with the Mendocino County Dispatch contract. He/She is the primary contact for the Coastal Valley EMS coordinator for any changes in EMS dispatch policy, procedures, or information requests.

Facilities
The CAL FIRE ECC infrastructure consists of two buildings that house the ECC and Expanded Dispatch along with all of the radio and telephone equipment. These two buildings together allow handling of all the normal daily activities and, if necessary, open an expanded dispatch to handle larger incidents. A 125 KW generator is also on-site to automatically provide emergency power if necessary.

The ECC is capable of providing all dispatching services on multiple frequencies. Fire and EMS are being dispatched at the same time using the Mendocino County Dispatching frequencies.

CAL FIRE has Altaris Computer Aided Dispatch program (CAD) in a laptop computer and CAL FIRE can use another location’s phone service along with a Mobile radio for a short duration. If this is not possible CAL FIRE has the ability to use a mobile location with Cellular phone service. CAL FIRE has access to a Mobile Communications Center for a backup Emergency Command Center, if needed for a long duration event, which is usually available within four hours.

Contractor Name: City of Ukiah
Contract Number: 1CA05265
Page No. 22
Radio Frequencies
The ECC will use the following frequencies, which are licensed to Mendocino County, to dispatch and support local government and CAL FIRE resources on any incident that requires use of these frequencies:

Mendocino County Red TX 154.3850 RX 153.9500
Mendocino County Blue TX 156.1950 RX 151.0850
Mendocino County Green TX 155.4300 RX 151.1150
The ECC will use the following frequencies, which are licensed to CAL FIRE, to support CAL FIRE or local government on any incident that requires use of these frequencies:

CAL FIRE Mendocino Local TX 159.2700 RX 153.3850
CAL FIRE Command 8 TX 159.3450 RX 151.4450
CAL FIRE Command 1 TX 159.3000 RX 151.3550
CAL FIRE Command 2 TX 159.3300 RX 151.2650
Additional Agencies/Resources dispatched all or in part, Pursuant to this Contract:
 CALSTAR 4 Air Ambulance
 REACH 18 Air Ambulance
 Anderson Valley Ambulance
 Fort Bragg Ambulance
 MEDSTAR Ambulance
 Redwood Empire Hazardous Materials Response Team (REHIT) The ECC has a Cooperative Agreement to provide dispatching services to the County of Mendocino fire agencies.

Agenda Item No: 7.c.

MEETING DATE/TIME: 2/16/2022
ITEM NO: 2022-1285

AGENDA SUMMARY REPORT
SUBJECT: Notification to City Council of Contract No. 2122-163 with Flock Group Inc. for the Rental of Two Cameras in the Amount of $10,500 for the Ukiah Valley Fire Authority.

DEPARTMENT: Fire PREPARED BY: Eric Singleton, Battalion Chief PRESENTER: Doug Hutchison, Fire Chief
ATTACHMENTS:

1. Flock Group Inc - Contract
Summary: Council will receive notification of Contract No. 2022-163 for rental of two surveillance cameras on a two-year contract with Flock Group INC. in the amount of $10,500 for the Ukiah Valley Fire Authority.

Background: The Ukiah Valley Fire Authority (UVFA) is required and responsible for the investigation of any fire (structural, vegetation, vehicle, etc.,) that happens within the City/District boundaries. The UVFA is also contracted with the Sheriff’s Office to investigate fires throughout the county. Over the past few years, the Ukiah Valley and surrounding areas have seen a substantial increase in arson-related incidents. California, in general, has seen its fire seasons increase in length and severity. UVFA has continually maintained a proactive approach to the identification, apprehension, and prosecution of individuals who maliciously and intentionally set fires. Innovated technology has played a pivotal role in the UVFA approach to utilizing private and public camera systems to help with these cases along with teamwork with local and state law enforcement agencies.

Discussion: Currently, Flock Safety Camera Solutions are utilized by a vast number of agencies in Northern California, including the City Of Ukiah Police Department (UPD), Mendocino County Sheriff's Office (MCSO), Clearlake Police Department, and Lake County Sheriff's Office (LCSO). Though the use and missions of the cameras play different roles, the data from the system can be shared on an authorized basis between all agencies to act in a cooperative manner for all public safety. UVFA intends the camera's main use as a tool to assist in arson investigations, with UVFA having these two cameras linked to the cameras with regional partners gives us the ability to be as innovative and effective as possible in our mission to prevent fires from occurring and investigating when they do occur. Camera locations will move based on arson activity. This was a sole-source contract (Attachment 1) due to Flock being the current provider utilized by regional partners.

Recommended Action: Receive notification of Contact No. 2022-163 with Flock Group INC.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 10521210.54500: $6,753
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2122-163
COORDINATED WITH: Doug Hutchison, Fire Chief

FLOCK GROUP INC.

SERVICES AGREEMENT

ORDER FORM
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc.

Flock”) and the customer identified below (“ Agency”) ( each of Flock and Customer, a ” Party”). This order form Order Form”) hereby incorporates and includes the “ GOVERNMENT AGENCY AGREEMENT” attached ( the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations .

The Agreement will become effective when this Order Form is executed by both Parties (the “ Effective Date”).

Agency: City of Ukiah
Legal Entity Name: \ FSLegalEntityName{ r}\
Contact Name: Justin Buckingham
Address:
300 Seminary Avenue
Ukiah, California 95482
Phone: 7074627921
E-Mail: jbuckingham@cityofukiah. com
Expected Payment Method:

FSExpectedPaymentMethod1\
Billing Contact: \FSBillingContact1\
if different than above)
Initial Term: 24 months
Renewal Term: 24 months
Billing Term: Annual payment due Net 30 per terms
and conditions
COU #2122-163
[email protected]
Company check
ATTACHMENT 1

Name Price QTY Subtotal
Flock Falcon Camera $ 2,500.00 2.00 $ 5,000.00
Implementation Fee $ 250.00 2.00 $ 500.00
Includes one-time fees)
Year 1 Total $5,500.00
Recurring Total: $5,000.00
Special terms:

N/A

I have reviewed and agree to the Customer Implementation Guide on Schedule B at the end of this agreement.

FSInitials1\
By executing this Order Form, Agency represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Agency: City of Ukiah
By:

FSSignature2\
By:

FSSignature1\
Name:

FSFullname2\
Name:

FSFullname1\
Title:

FSTitle2\
Title:

FSTitle1\
Date:

FSDateSigned2\
Date:

FSDateSigned1\
Sage Sangiacomo
City Manager
Jan 11, 2022

GOVERNMENT AGENCY AGREEMENT
This Government Agency Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“ Flock”) and the police department or government agency identified in the signature block below (“Agency”) ( each a “ Party,” and together, the “ Parties”).

RECITALS
WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through Flock’ s technology platform (the “ Flock Service”), and upon detection, the Flock Service creates images and recordings of suspect vehicles (“ Footage”) and can provide notifications to Agency upon the instructions of NonAgency End User (“ Notifications”); WHEREAS, Agency desires to purchase, use and/or have installed access to the Flock Service on existing cameras, provided by Agency, or Flock provided Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from non-Agency users of the Flock System (where there is an investigative purpose) such as schools, neighborhood homeowners associations, businesses, and individual users;
WHEREAS, because Footage is stored for no longer than (thirty) 30 days in compliance with Flock’ s records retention policy, Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the purpose of crime awareness and prevention by police departments and archiving for evidence gathering (“ Purpose”).

AGREEMENT
NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.

1.1 "Agency Data” will mean the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage.

1.2. “Agency Hardware ” shall mean the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. The term Agency Hardware ” excludes the Embedded Software.

1.3 “Authorized End User(s)” shall mean any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.

1.4 “Documentation” will mean text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.

1.5 “Embedded Software” will mean the software and/or firmware embedded or preinstalled on the Agency Hardware.

1.6 “Flock IP” will mean the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.

1.7 “Footage” means still images captured by the Agency Hardware in the course of and provided via the Services.

1.8 “Hardware” or “Flock Hardware” shall mean the Flock cameras, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services. The term “ Hardware” excludes the Embedded Software.

1.9 “ Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined in Section 1.10 below.

1.10 “Installation Services” means the services provided by Flock including any applicable installation of Embedded Software on Agency Hardware.

1.11 “Services” or “Flock Services” means the provision, via the Web Interface, of Flock’ s software application for automatic license plate detection, searching image records, and sharing Footage.

1.12 “Support Services” shall mean Monitoring Services, as defined in Section 2.9 below.

1.13 “Unit(s)” shall mean the Agency Hardware together with the Embedded Software.

1.14 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Services.

1.15 “Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services in accordance with the terms of this Agreement.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Service Term (as defined in Section 6.1 below), solely for the Authorized End Users. The Footage will be available for Agency ’ s designated administrator, listed on the Order Form, and any Authorized End Users to access via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account and select a password and username (“ User ID”). Flock will also provide Agency with the Documentation to be used in accessing andPage 152 of 876 using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User’ s use of the Services, and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services, including without limitation using a third party to host the Web Interface which makes the Services available to Agency and Authorized End Users. WARRANTIES PROVIDED BY SAID THIRD PARTY SERVICE PROVIDERS ARE THE AGENCY’S SOLE AND EXCLUSIVE REMEDY AND FLOCK’S SOLE AND EXCLUSIVE LIABILITY WITH REGARD TO SUCH THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION HOSTING THE WEB INTERFACE.

Agency agrees to comply with any acceptable use policies and other terms of any third -party service provider that are provided or otherwise made available to Agency from time to time.

2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non - exclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services.

2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non - exclusive, non-transferable right and license to use the Documentation during the Service Term to Agency ’ s in connection with its use of the Services as contemplated herein, and under Section 2.4 below.

2.4 Usage Restrictions. The purpose for usage of the Unit, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture (“ Permitted Purpose”).

Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Services or Flock IP; (vi) use the Services, support, Unit, Documentation or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency ’ s rights under Sections 2.1, 2.2, or 2.3.

2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’ s sole discretion. There are no implied rights.

2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency ’ s and any Authorized End User’ s access to any portion or all of the Flock IP if (i) Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency ’ s or any Authorized End User’ s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other Agency or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock’ s provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (e) any vendor of Flock has suspended or terminated Flock’s access to or use of any third party services or products required to enable Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including, but not limited to, utilizing the Services for anything other than the Permitted Purpose (each such suspension, in accordance with this Section

2.6, a “ Service Suspension”). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Agency (including notices sent to Flock’ s registered email address) and to provide updates regarding resumption of access to the Flock IP following any Service Suspension.

Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Agency or any Authorized End User may incur as a result of a Service Suspension. To the extent that the Service Suspension is not caused by Agency ’ s direct actions or by the actions of parties associated with the Agency , the expiration of the Term will be tolled by the duration of any suspension (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency ’s account that have been impacted.

2.7 Installation Services.

2.7.1 Designated Locations. For installation of Flock Hardware, prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. Flock and Agency must mutually agree on the location (mounting site or pole), position and angle of the Units (each Unit location so designated by Agency, a “ Designated Location”). Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency’ s delay in identifying the choices for the Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. Designated Locations that are suggested by Flock and accepted by Agency without alteration will be known as Flock Designated Locations. After a deployment

plan with Designated Locations and equipment has been agreed upon by both Flock and the Agency, any subsequent changes to the deployment plan (“ Reinstalls”) requested by the Agency will incur a charge for Flock’ s then-current list price for Reinstalls, as listed in the then-current Reinstall Policy ( available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges. These changes include but are not limited to camera re-positioning, adjusting of camera mounting, re-angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock Safety shall have final discretion on installation and Reinstalls.

2.7.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. The “ Agency Installation Obligations” include, to the extent required by the deployment plan, but are not limited to electrical work to provide a reliable source of 120V AC power that follow Flock guidelines and comply with local regulations if adequate solar exposure is not available. Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process; ( ii) any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use, or (iii) any other supplementary cost for services performed in connection with installation of the Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment or vehicles, third-party personnel i.e. Traffic Control Officers, Electricians, etc., if necessary), such costs to be approved by the Agency. Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar. Flock will make all reasonable efforts within their control to minimize suspension of Flock Services. Any fees payable to Flock exclude the foregoing. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation. Flock is not responsible for installation of Agency Hardware.

2.7.3 Flock’ s Obligations. Installation of any Flock Hardware shall be installed in a workmanlike manner in accordance with Flock’ s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are selected by Agency. Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock’ s obligation to perform installation work shall cease; however, Flock will continue to monitor the performance of the Units for the length of the Term and will receive access to the Footage for a period of three (3) business days after the initial installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality control. Agency can opt out of Flock’ s access to Footage after the initial installation which would waive Flock’s responsibility to ensure such action was successful. Agency understands and agrees that the Flock Services will not function without the Hardware. Labor

may be provided by Flock or a third party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware.

2.7.4 Security Interest. Flock Hardware shall remain the personal property of Flock and will be removed upon the termination or expiration of this Agreement. Agency agrees to perform all acts which may be necessary to assure the retention of title of the Hardware by Flock. Should Agency default in any payment for the Flock Services or any part thereof or offer to sell or auction the Hardware, then Agency authorizes and empowers Flock to remove the Hardware or any part thereof. Such removal, if made by Flock, shall not be deemed a waiver of Flock’ s rights to any damages Flock may sustain as a result of Agency’ s default and Flock shall have the right to enforce any other legal remedy or right. In the event of natural expiration of this Agreement, Flock shall remove Flock Hardware at no additional cost to Agency.

2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless. Any additional expenses incurred by Flock as a result of the discovery or presence of hazardous material or hazardous conditions shall be the responsibility of Agency and shall be paid promptly upon billing.

2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations (“ Monitoring Services”). Subject to the terms hereof, Flock will provide Agency with reasonable technical and on-site support and maintenance services (“ OnSite Services”) in-person or by email at [email protected]. Flock will use commercially reasonable efforts to respond to requests for support. If Agency chooses to self-install Hardware or install Hardware on a mobile location, Flock shall make reasonable commercial efforts to provide On -Site Services, if permissible. Agency shall not be entitled to reimbursement, tolling, or credit for any lapse in Services associated with the Unit malfunction due to installation on mobile locations ( i.e. trailers). Agency waives any warranties hereunder for any self -installed Hardware, and Flock shall not be liable for failure to respond to any maintenance requests for self-installed Hardware.

Agency shall be subject to Reinstall Fees for re-positioning Units on mobile locations, or subsequent installation on Flock or other stationary poles.

2.10 Special Terms. From time to time, Flock may offer certain “Special Terms” related to guarantees, service and support which are indicated in the proposal and on the order form and will become part of this Agreement, upon

Agency’ s consent. To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

2.10 Changes to Platform. Flock Safety may, in its sole discretion, make any changes to any system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock Safety’s products or services to its Agency s, (b) the competitive strength of, or market for, Flock Safety’ s products or services, (c) such platform or system’ s cost efficiency or performance, or (ii) to comply with applicable law.

3. RESTRICTIONS AND RESPONSIBILITIES

3.1 Agency Obligations. Upon creation of a User ID, Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person’ s name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone, and must protect the security of its account and password. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.

3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. To the extent allowed by the governing law of the state mentioned in Section 10.6, or if no state is mentioned in Section 10.6, by the law of the State of California, Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses. including without limitation costs and attorneys’ fees, in connection with any claim or action that arises from an alleged violation of the foregoing, Agency ’ s installation obligations, or otherwise from Agency ’ s use of the Services, Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency ’ s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

4. CONFIDENTIALITY; AGENCY DATA

4.1 Confidentiality. This provision is subject to any obligations under FOIA and state-specific Public Records Acts.

Each Party (the “ Receiving Party”) understands that the other Party (the “ Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’ s business (hereinafter referred

to as “ Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Unit, including the Footage, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors built into the Units (“ Agency Data”). The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock’ s use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, such as when a car exits Agency ’ s neighborhood, or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation . Agency hereby expressly grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the term hereof) to disclose the Agency Data (inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. Flock may store deleted Footage in order to comply with certain legal obligations but such retained Footage will not be retrievable without a valid court order.

4.2 Agency Data. Agency and Non-Agency End User Data. As between Flock and Agency, all right, title and interest in the Agency Data and Non-Agency End User Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Agency Data and NonAgency End User Data and perform all acts with respect to the Agency Data and Non -Agency End User Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.9 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify and distribute the Agency Data and Non -Agency End User Data as a part of the Aggregated Data (as defined in Section 4.4 below). As between Flock and Agency, Agency is solely responsible

for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Agency Data and Non -Agency End User Data. As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non -Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion.

4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to or identify Agency or any individuals or de -identifies such data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Agency Data and data derived therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or aggregated data based on Agency Data and Non-Agency End User Data input into the Services (the “ Aggregated Data”). Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the Services and for other marketing, development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts, and (ii) disclose the Agency Data and Non-Agency End User Data (both inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set forth herein.

5. PAYMENT OF FEES

5.1a Wing Fees. For Wing products, the Agency will pay Flock the first Usage Fee and the Implementation Fee (as described on the Order Form, together the “ Initial Fees”) as set forth on the Order Form on or before the 30th day following the Effective Date of this Agreement. Flock shall have no liability resulting from any delay by the Agency in installing the Embedded Software on the Agency Hardware. If applicable, Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in advance of each payment period. All payments will be made by either ACH, check, or credit card.

5.1b Falcon Fees. For Falcon products during the Initial Term, Agency will pay Flock fifty percent (50%) of the first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form, together the

Initial Fees”) as set forth on the Order Form on or before the 30th day following receipt of initial invoice after Effective Date. Upon commencement of installation, Flock will issue an invoice for twenty -five percent (25%) of the Initial Fees, and Agency shall pay on or before 30th day following receipt of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For a Renewal Term, as defined below, Agency shall pay the entire invoice on or before the 30th day following receipt of invoice.

5.2 Changes to Fees. Flock reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days’ notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.

Inquiries should be directed to Flock’ s Agency support department. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error.

5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice.

Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection, and may result in immediate termination of Service. Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock’ s net income.

6. TERM AND TERMINATION

6.1a Wing Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the “ Initial Term”). The Initial Term shall commence upon execution of this Agreement. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “ Renewal Term”, and together with the Initial Term, the “ Service Term”) unless either party gives the other party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

6.1b Falcon Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the “ Initial Term”). The Initial Term shall commence upon first installation and validation of a Unit. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms for the length set forth on the Order Form (each, a

Renewal Term”, and together with the Initial Term, the “ Service Term”) unless either party gives the other party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

6.2 Termination for Convenience. At any time during the agreed upon Term, an Agency not fully satisfied with the service may self-elect to terminate this Agreement for convenience. Termination for convenience will result in a one-time fee of $500 per Falcon Camera (Flock Hardware). Upon termination for convenience, a refund will be provided for Falcon Cameras, prorated for any fees for the remaining Term length set forth previously. Agency will remain liable to pay the full outstanding fees for any Wing product on the effective date of termination of that Order Form. Flock will invoice, and Agency will pay, any unbilled fees and any unpaid fees covering the remainder of the term of that Order Form had it not been terminated. Termination for convenience of the Agreement by the Agency will be effective immediately. Flock will provide advanced written notice and remove all Flock Hardware at Flock’ s own convenience, within a commercially reasonable period of time upon termination.

6.3 Termination. In the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty (30) day period. Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business. Upon termination for Flock’s material breach, Flock will refund to Agency a pro -rata portion of the prepaid Fees for Services not received due to such termination.

6.5 No-Fee Term. For the Term of this Agreement, Flock will provide Agency with complimentary access to ‘hot - list’ alerts, which may include ‘ hot tags’, stolen vehicles, Amber Alerts, etc. (“ No-Fee Term”). In the event a NonAgency End User grants Agency access to Footage and/or Notifications from a Non -Agency End User Unit, Agency will have access to Non-Agency End User Footage and/or Notifications until deletion, subject to the thirty (30) day retention policy. Non-Agency End Users and Flock may, in their sole discretion, leave access open. The No -Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine not to provide additional No-Fee Terms or can impose a price per No-Fee Term upon thirty (30) days’ notice. Agency may terminate any NoFee Term or access to future No-Fee Terms upon thirty (30) days’ notice.

6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to any accrued rights to payment), 5.4, 6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5.

7. REMEDY; WARRANTY AND DISCLAIMER

7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “ Defect”), Agency must first make commercially reasonable efforts to address the problem by contacting Flock’ s technical support as described in Section 2.9 above. If such efforts do not correct the Defect, Flock shall, or shall instruct one of its

contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test shall occur within seventytwo (72) hours after Agency notifies the Flock of a Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or damaged, Flock agrees to replace the Unit at a fee according to the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule).

Agency shall not be required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen units and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted. Flock is under no obligation to replace or repair Agency Hardware.

7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 above if any of the following exclusions apply: (a) misuse of the Flock Hardware, Agency Hardware or Embedded Software in any manner, including operation of the Flock Hardware, Agency Hardware or Embedded Software in any way that does not strictly comply with any applicable specifications, documentation, or other restrictions on use provided by Flock or the Agency Hardware manufacturer; (b) damage, alteration, or modification of the Agency Hardware, Flock Hardware or Embedded Software in any way which would cause Agency Hardware, Flock Hardware or Embedded Software to malfunction; or (c) combination of the Agency Hardware or Embedded Software with software, Agency Hardware or other technology that was not expressly authorized by Flock.

7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third -party providers, or because of other causes beyond Flock’ s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY ’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES

IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE

EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF CALIFORNIA.

7.5 Insurance. Flock and Agency will each maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of their business risk. Certificates of Insurance will be provided upon request.

7.6 Force Majeure. Flock Safety is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Agency or any Authorized End User.

8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY

8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS

SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),

OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE

RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR

TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE

OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR

COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE

CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH

ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR

OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY, AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF CALIFORNIA.

8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK’S AGGREGATE LIABILITY, IF

ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO -FEE TERM AS DESCRIBED IN SECTION 6.5 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Except for Flock’ s willful acts, Agency agrees to pay for Flock’ s attorneys’ fees to defend Flock for any alleged or actual claims arising out of or in any way related to the No -Fee Term.

8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock’ s suppliers.

8.4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of Section 3.2, a breach of this Agreement, Agency’ s Installation Obligations, Agency’ s sharing of any data in connection with the Flock system, Flock employees or agent or Non - Agency End Users, or otherwise from Agency’ s use of the Services, Flock Hardware, Agency Hardware and any Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency’ s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.2 or this Agreement.

9. RECORD RETENTION

9.1 Data Preservation. The Agency agrees to store Agency Data and Non-Agency End User Data in compliance with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Agency’ s consideration for paid access and no -fee access to the Flock System, to the extent that Flock is required by local, state or federal law to store the Agency Data or the Non-Agency End User Data, Agency agrees to preserve and securely store this data on Flock’s behalf so that Flock can delete the data from its servers and, should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand.

10. MISCELLANEOUS

10.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Page 164 of 876

10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock’ s prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, under this Agreement without consent.

10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall Policy https://www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s), are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. None of Agency’ s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected.

10.4 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever.

10.5 Costs and Attorneys’ Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.

10.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. To the extent that the arbitration language below does not apply, the federal and state courts sitting in the State of California will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of this Agreement. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. Any dispute arising out of, in connection with, or in relation to this agreement or the making of validity thereof or its interpretation or any breach thereof shall be determined and settled by arbitration in California by a sole arbitrator pursuant to the rules and regulations then obtaining of the American Arbitration Association and any award rendered therein shall be final and conclusive upon the parties, and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. The service of any notice, process, motion or other document in connection with an arbitration award under this agreement or for the enforcement of an arbitration award hereunder may be effectuated by either personal service or by certified or registered mail to the respective addresses provided herein.

10.7 Publicity. Unless otherwise indicated on the Order Form, Flock has the right to reference and use Agency’ s name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’ s website.

10.8 Export. Agency may not remove or export from the United States or allow the export or re -export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Services, the Hardware, the Embedded Software and Documentation are “ commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “ commercial computer software” and “ commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections.

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

10.11 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the organizations and individuals they are representing.

10.12 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e - mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

Let’ s defeat crime together.™

CUSTOMER IMPLEMENTATION GUIDE 2

TABLE OF CONTENTS

3. Implementation Timeline

4. Implementation Team

6. Things to Consider when Picking Locations

7. Customer Responsibilities: AC-Powered Cams

8. Electrician Handout
Electrician Installation Steps
FAQs about AC-Powered Flock Cameras

11. Installation Service Brief

12. Permitting: Pre-Install Questionnaire
Timeline
Right of Way
AC Power vs. Solar
Traffic Control & Installation Methods
Paperwork & Required Forms
Contacts

14. * Fee Schedule

15. Help Center

16. Customer Support

CUSTOMER IMPLEMENTATION GUIDE 2

IMPLEMENTATION TIMELINE
This timeline provides general guidance and understanding of your installation process. While we typically complete installations 6-8 weeks after locations have been finalized, delays can occur as noted in the timeline below:

CONFIRM CAMERA LOCATIONS WITH YOUR SALES REPRESENTATIVE Flock: Your Sales representative will present several viable options for camera locations Customer: Review Deployment Plan & approve camera locations Please Note: If Public Works is required to move forward, please obtain approval.

PREPARE FOR FINALIZED CAMERA LOCATIONS
Flock: Confirm Deployment Plan and signed agreement. Flock will move forward with next steps for locations that don't need permits (minimum 10 locations needed to move forward with partial installation)
Customer: Prepare the below items, as needed
If permits are required, begin application process
If cameras will be AC-powered, hire an electrician/ street department CONDUCT ON-SITE SURVEY & PLACE FLAGS:

Flock: Flock technician conducts site survey to (1) evaluate solar or power access, (2) check line of sight to the road, and (3) evaluate cellular service in the area. When the technician deems the locations suitable, s/he will place a white flag at each spot.

Please Note: If the initially determined locations don't meet Flock standards, we will evaluate a new location, obtain customer approval, and redo a site survey. This may push timeline for installation.

CALL 811
Flock: Flock Safety will coordinate with Call 811 to mark each camera location for underground utilities within a 10-foot radius.

Please Note: Call811 is a government service, so turnaround times may vary and is outside of Flock control.

SCHEDULE INSTALLATION
Flock: Flock will (1) ship any site specific materials that the technician does not have locally (2) schedule the installation date.

INSTALL & VALIDATE CAMERAS
Flock: After installation, your Customer Success Manager will confirm that cameras are capturing footage well and functioning properly. They will then give you full access to the system along with helpful training resources.

FINALIZE ANY INSTALLATION NEEDS
Flock: While we typically complete installations within 4 weeks of finalizing locations, delays may occur due to external factors. In these instances, we will continue to work through this process until your cameras are fully installed and operational.

REVIEW

LOCATION
S

FINALIZE

LOCATION
S
STEP 1
STEP 2
STEP 3
STEP 4

ONGOING
AS
NEEDED

IMPLEMENTATION TEAM
CUSTOMER IMPLEMENTATION GUIDE 4

FLOCK TEAM HOW WILL THEY SUPPORT YOU
Customer Success
Manager
Your Customer Success Manager is your strategic
partner for your lifetime as a Flock customer.

They will be your guide through the installation
process. After install, they will help you understand
how best to leverage the Flock Safety tool to solve
crime. You should reach out to them when you want
to discuss:

Training
Benefits of features
Best practices for getting relevant data
Opportunities to expand the security
network in your area
Feedback on your partnership with Flock
Flock Safety Support
The Flock Safety Support team is committed to
answering all your day-to-day questions as quickly as
possible. To get in touch with support, simply email
[email protected]. Support can help you:

Request camera maintenance
Troubleshoot online platform
Contract / Billing questions
Update account information
Camera Sharing questions
Quick “ How to” questions in your
Flock Account
Product Implementation
Specialist
Your Product Implementation Specialist is your
technical product expert.

They will help translate your goal for using Flock
Safety cameras into a technical plan that can be
executed and enable you to solve crime. Your
specialist will work with you to:

Review the cameras in your deployment
Ensure that the deployment plan is set up for
success from a technological standpoint in
addition to meeting your goals for the product
If any of your locations require permits,
a member of the Product Implementation
team will assist you in packaging your
application( s).

IMPLEMENTATION TEAM
CUSTOMER IMPLEMENTATION GUIDE 5
Field Operations Team
The Field Operations team is responsible for the
physical installation and maintenance of cameras
and associated equipment provided by Flock. This
includes a large team of technicians, schedulers, and
many others involved in ensuring the delivery of your
product.

They take the technical plan you finalized with
Product Implementation and work closely with other
teams at Flock to make sure that your cameras
are installed quickly and safely, and in a way that
maximizes the opportunity to solve crime at a
specific location.

Note*: For all Installation questions or concerns,
please always direct them to your Customer Success
Manager and not to the technician.

Please Note: On some occasions, third parties outside of Flock Safety may be (or need to be) involved in your implementation.

OUTSIDE PARTY WHEN THEY MAY BE INVOLVED
Electrician/Street
Department
If your Flock cameras need to be AC powered,
you ( customer) are responsible for providing an
electrician to ensure power connectivity
Public Works (LE) To weigh in on use of public Right of Ways or property Department of
Transportation (DOT), City,
or County Agencies
If installation in your area requires permitting

THINGS TO CONSIDER WHEN
CUSTOMER IMPLEMENTATION GUIDE 6

PICKING LOCATIONS
Falcon Cameras
Use Cases
Flock LPRs are designed to capture images of rear license plates, aimed in the direction of traffic.

Flock LPRs are not designed to capture pedestrians, sidewalks, dumpsters, gates, other areas of nonvehicle traffic, intersections Placement
They capture vehicles driving away from an intersection.

They cannot point into the middle of an intersection.

They should be placed after the intersection, to prevent stop and go motion activation, or “stop and go” traffic.

Mounting
They can be mounted on existing utility, light, or traffic signal poles, or 12 foot Flock poles. ** NOTE** Permitting ( or permission from pole owner) may be required in order to use existing infrastructure or install in specific areas, depending on local regulations & policies.

They should be mounted one per pole*. If using AC power, they can be mounted 2 per pole.

Cameras need sufficient power. Since a solar panel is required per camera, it can prevent sufficient solar power if 2 cameras and 2 solar panels were on a single pole ( by blocking visibility). Therefore if relying on solar power, only one camera can be installed per pole.

They can be powered with solar panels or direct wire-in AC Power (no outlets). ** NOTE** Flock does not provide Electrical services. The agency or community must work with an electrician to wire the cameras once installed. Electrician services should be completed within 2 days of installation to prevent the camera from dying.

They will require adequate cellular service using AT&T or T-Mobile to be able to process & send images Any Flock equipment mounted over 14 feet or on a horizontal beam will require a bucket truck. If mounting in this way:

Flock will request use of a bucket truck through the customer or Public Works If a bucket truck is not available through the customer, Flock will have to procure one.

Note** This will lead to delays on install & any subsequent maintenance visits based on bucket truck availability
Flock will likely require traffic control assistance provided by customer to install or provide maintenance with a bucket truck
Solar Panels
Solar panels need unobstructed southern-facing views

CUSTOMER RESPONSIBILITIES:

CUSTOMER IMPLEMENTATION GUIDE 7

AC-POWERED CAMS
In the event your Flock cameras need to be AC-powered, the customer is responsible for acquiring an electrician and ensuring they connect the camera to power. See steps 2 and 6 below.

Visit flocksafety.com/power-install for the full plan, FAQs & to get started!

ELECTRICIAN HANDOUT
CUSTOMER IMPLEMENTATION GUIDE 8
Electrician Installation Steps

1. Run AC cable and conduit to thebox
according to NEC Article 300and any
applicable local codes. The gland
accepts ½” conduit

2. Open the box using hinges

3. Connect AC Mains per wiring
diagram below:
a. Connect AC Neutral wire to the
Surge Protector white Neutral
wire using the open position
on the lever nut.
b. Connect AC Line wire to the
Surge Protector black Line
wire using the open position
on the lever nut.
c. Connect AC Ground wire to the
Surge Protector green ground
wire using the open position
on the lever nut.

4. Verify that both the RED LED is lit on
the front of the box

5. Close box and zip tie the box shut
with the provided zip tie

6. While still on site, call Flock whowill
remotely verify that power is working
correctly:

Southeast Region - (678) 562-8766
West-Region - (804) 607-9213
Central & NE Region - (470) 868-4027

CUSTOMER IMPLEMENTATION GUIDE 9

FAQS ABOUT AC-POWEREDFLOCK

CAMERAS
What voltage is supported?
The AC kit is designed to work with 120VAC infrastructure by default. A 240VAC version is available on request.

How much power does this consume?
Peak current draw is 1.5 A at 120VAC. Average power draw is roughly 30W in high traffic conditions, but may be lower when less vehicles are present.

Who is responsible for contracting the electrician?
The customer is responsible for contracting an electrician. We can help answer questions, but the customer is responsible for identifying and contracting an electrician.

Who is responsible for maintenance?
Flock will handle all maintenance related to the camera and power equipment installed by Flock. However, any problems with the electrical supply are the responsibility of the customer. The AC junction box has two lights to indicate the presence of power and make it easy for quick diagnosis if there is a problem related to the AC power source.

In the event the camera indicates to Flock that there is a power supply problem, Flock will notify the customer and request that the customer verify the lights on the AC junction box. Ifthe AC Source light is illuminated, Flock will send a technicianto investigate. If the AC source light is not illuminated the customer should check any GFCI’s or breakers in the supply circuit or call the electrician who installed the power supply.

How much does it cost?
Work required to bring AC power to each location will be different, so exact pricing is not possible. The primary driverof cost is the distance from AC power source to the intended camera location.

CUSTOMER IMPLEMENTATION GUIDE 10
What information do I need to provide my electrician?
The Flock deployment plan and these work instructions should be sufficient to secure a quote. It will be helpful if you know the location of existing power infrastructure before creating the deployment plan.

Can you plug into my existing power outlet?
The Flock AC power adapter does not use a standard outlet plug, but must be directly wired into the power mains. While using outlet plugs may be convenient, they can easily be unplugged presenting a tampering risk to this critical safety infrastructure. If an outlet is close to the camera, the electrician can route power directly to the camera with a direct wire-in connection.

How long does this process typically take?
The installation process typically takes 6-8 weeks. In order to accelerate the process, be sure to have the electrician perform his work shortly after the Flock technician finishes installing the camera.

What kind of electrician should I look for?
Any licensed electrician should be able to perform this work, though we have found that those who advertise working with landscape lighting are most suited for this work.

What happens if the electrician damages the equipment?
The customer is responsible for contracting the electrician. Any liability associated with this work would be assumed by the customer. If any future work is required at this site due to the electrical infrastructure or the work performed by the electrician would be the responsibility of the customer.

When should the electrician perform his work?
Once Flock installs the camera, you will receive an email alert letting you know that this has been completed. After this, you will need to schedule the electrician to route power to the pole.

What if my electrician has questions about Flock’s AC Kit? You should share the AC-Power Kit Details packet with the electrician if they have questions.

What if the AC power is on a timer?
Sometimes the AC power will be on a timer ( like used for exterior lighting). Flock requires that the AC power provided to the camera be constant. The source that the electrician uses must not be on a timing circuit.

CUSTOMER IMPLEMENTATION GUIDE 11

INSTALLATION SERVICE BRIEF
Below outlines the statement of work for your Flock Camera Installation:

WHAT IS COVERED BY FLOCK WHAT IS NOT COVERED BY FLOCK SPECIAL NOTE Flock Cameras & Online Platform Traffic Control and any associated costs Mounting Poles Electrician & ongoing electrical cost
AC Power Kit
as needed) Engineering Drawings
Solar Panels
as needed) Relocation Fees exc. changes during
initial installation
Site Surveys and
Call 811 Scheduling Contractor licensing fees
Installation Labor Costs Permit application processing fees Customer Support / Training Specialist mounting equipment Including, but not
limited to, *MASH
poles or adapters
Cellular Data Coverage Bucket trucks
Maintenance Fees
review Fees Sheet for more details) Loss, theft, damage to Flock equipment Data storage for 30 days Camera downtime due to power outage Only applicable for AC-powered cameras
MASH poles: Manual for Assessing Safety Hardware (MASH) presents uniform guidelines for crash testing permanent and temporary highway safety features and recommends evaluation criteria to assess test results

CUSTOMER IMPLEMENTATION GUIDE 12
PERMITTING:

PRE-INSTALL QUESTIONNAIRE

1. Timeline
In Flock Safety’s experience, in -depth permitting
requirements can add 2+ months to the installation
timeline. Law enforcement agencies and city
governments can work with their local Public Works or
Department of Transportation offices directly to help
expedite the process. When Flock Safety customers
manage the permitting processes, results tend to come
more quickly.

Is your agency able to own the permitting process with
Flock Safety’s assistance?

2. Right of Way
Will any of the Flock Safety cameras be installed on city, state or power company owned poles or in city, county, or state Right of Way (RoW)?
What is the RoW buffer?
Will additional permits or written permission be
required from third-party entities ( such as DOT,
power company, public works, etc)?
Will any cameras be installed on city-owned traffic signal poles (vertical mass)?
If yes, please provide heights/photos to determine
if a bucket truck is needed for the installation.

Note: If height is greater than 15 feet tall, a
bucket truck is required.

3. AC Power vs. Solar
If AC powered, is there a 120V power source available, and is there access to an electrician who can connect the existing wire to the Flock Safety powered installation kit?
If solar powered, consider the size of the solar panel and potential to impact visibility of DOT signs/signals:

Single Panel: 21.25” x 14” x 2” (Length x Width x Depth) Double Panel: 21.25” x 28” x 2” (LxWxD)

CUSTOMER IMPLEMENTATION GUIDE 13

4. Traffic Control & Installation Methods
If a bucket truck is required, this typically necessitates a full lane to be blocked in the direction of travel. Can you provide a patrol car escort, or will full traffic control be required?
Note: If traffic control is required, you may incur
additional costs due to city/state requirements;
Fees will be determined by quotes received.

If full traffic control required ( cones, arrowboards, etc.):

Will standard plans suffice, or are custom plans
needed? Custom plans can double the cost, while
standard plans can be pulled from the Manual of
Uniform Traffic Control Devices (MUTCD).

Will a non-sealed copy of the traffic plan suffice?
Or does the traffic plan need to be sealed and/or
submitted by a professional engineer?
Are there state-specific special versions/variances
that must be followed?
If a bucket truck is not required, the shoulder or sidewalk should suffice and enable Flock Safety to proceed
without traffic control systems in place.

Note: In some states ( i.e. California), sidewalks may
require signage. If signage is mandatory, Will your
Public Works department be able to assist?

5. Paperwork & Required Forms
Flock Safety will need copies of paperwork to complete
prior to proceeding (ex. business license applications, encroachment permit applications). We can save
critical time by gathering these documents upfront. We
appreciate your assistance in procuring these.

6. Contacts
If Flock Safety will need to interface directly with the departments, please share the contact information of the following departments:

Permitting
Public Works
Traffic Department

CUSTOMER IMPLEMENTATION GUIDE 14

FEE SCHEDULING
Fee Schedule
After a deployment plan with Designated Locations and equipment has been agreed upon by both Flock and the Customer, any subsequent changes to the deployment plan (“Reinstalls”) driven by a Customer’ s request will incur a fee per the table below.

All fees are per reinstall or required visit ( in the case that a reinstall is attempted but not completed) and include labor and materials. If you have any questions, please email support@flocksafety. com.

Below fee schedule is subject to change;

REINSTALL OR JOB TYPE REINSTALL FEE
Camera or pole relocation $ 150
Camera replacement as result of vandalism, theft, or third party damage $ 500 Pole replacement as a result of vandalism, theft, or third party damage $ 150 Pole upgrade $ 300
Angle Adjustment - Customer request $ 125
Installation of additional Flock Safety sign ( including cost of sign) $ 100 Convert camera to use of electrical outlet (excluding cost of electrical work) $ 150 Other site visit/ technician visit that does not result in a reinstall being required $ 150

CUSTOMER IMPLEMENTATION GUIDE 15

HELP CENTER
Our Help Center is filled with tons of resources to help you navigate through the online platform. Below you will find some common questions and their relevant help article:

How do I search camera footage? How do I add a user?
How do I add a vehicle to my own Hot List?
How do I enable browser notifications for Hot List alerts? How do I get text alerts for Hot List?
How do I request camera access from other nearby agencies? How do I use the National Lookup to search for a plate? National Lookup - network of law enforcement agencies that have opted to allow their Flock cameras to be used for searches)
How do I reset my / another user’s password?

CUSTOMER SUPPORT
You can reach our customer support team anytime by emailing [email protected].

They can help answer any “How-To” questions you may have.

866) 901-1781 | 1170 Howell Mill Rd NW, Unit 210, Atlanta, GA 30318 | flocksafety.com

Agenda Item No: 7.d.

MEETING DATE/TIME: 2/16/2022
ITEM NO: 2022-1307

AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution Authorizing Submittal of an Application to the California Department of Housing and Community Development for Funding under the HOME Investment Partnerships Program; and if Selected, the Execution of a Standard Agreement, Any Amendments Thereto, and of Any Related Documents Necessary to Participate in the HOME Investment Partnerships Program, as well as Authorization of the Corresponding Budget Amendments.

DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director, Jim Robbins, Grants Manager PRESENTER: Consent Calendar
ATTACHMENTS:

1. 2020-2021 HOME NOFA Final 12-1-2021

2. 2021 HOME Income Limits

3. 2022 HOME FTHB Application Resolution
Summary: Council will consider the adoption of a resolution authorizing submittal of an application to California HCD for $700,000 in funding under the HOME Program for a First-Time Homebuyer Program; and if the City is selected for an award, authorize the City Manager to execute the standard agreement, any amendments thereto, and any related documents necessary; and authorize the corresponding budget amendments.

Background: On December 1, 2021, the California Department of Housing and Community Development (HCD) announced the release of a Notice of Funding Availability (NOFA) for approximately $72,000,000 in 2020-2021 federal HOME Investment Partnerships Program (HOME) funds (Attachment 1). Eligible activities are separated into two types: Project activities- consisting of the funding of acquisition with new construction or rehabilitation of multifamily properties and First-Time Homebuyer (FTHB) subdivision new construction projects- and Program activities, consisting of programs to fund individual FTHB gap assistance, including infill new construction or rehabilitation, Owner Occupied Rehabilitation (OOR), and Tenant Based Rental Assistance (TBRA).

The funding provides loans or grants to eligible HOME Applicants serving low-income and very low-income households, defined as having incomes at or below 80 percent Area Median Income (AMI) or 50 percent AMI, respectively (Attachment 2). State Recipients such as the City of Ukiah are eligible to apply. Funding under the HCD HOME NOFA is competitive, with applications accepted from December 16, 2021 until 5:00 pm on March 10, 2022.

Discussion: In response to the 2020-21 HOME NOFA, Staff is proposing Council authorize an application in the amount of $700,000 for a First-Time Homebuyer Program. The City last operated a HOME FTHB program in 2018-2021 through standard agreement #16-HOME-11376, implementing the program "in-house" with Staff in the City's Housing Division. A total of $656,085 was expended through the 2018-2021 City FTHB program, out of a total available of $663,852, and representative of a cumulative 99 percent program expenditure rate.

Four first-time homebuyers were assisted through the 2018-2021 program.

If awarded funding by HCD, the 2022 Ukiah HOME FTHB program would provide deferred payment loans (no payments on principal and interest for the term of the loan, which is expected to be 45 years) to eligible lowPage 184 of 876