Agenda — Yreka City Council, August 2, 2022

YREKA CITY COUNCIL

SPECIAL MEETING AGENDA
August 2, 2022
Closed Session: 5:30PM
Regular Session: 6:30PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month, but for the cancellation of the meeting on September 6, 2022.

The full agenda packet can be found on the City’s website: www.ci.yreka.ca.us/AgendaCenter

1. CALL TO ORDER:

2. PUBLIC COMMENT ON CLOSED SESSION:

3. CLOSED SESSION:

The City Council will recess to Closed Session to discuss the following item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced:
a. Conference with Real Property Negotiations (§ 54956.8) Property: California State Route 3 (SR 3)
Third Party Negotiation: California State Department of Transportation (Caltrans) District 2 City Negotiation: City Manager and City Attorney
Negotiating Parties: City of Yreka and Caltrans
Under Negotiation: Possible purchases and encroachment agreement including price, terms of payment, or both.

4. OPTIONAL RECESS IF DESIRED:

Join this meeting via Zoom:

Link: https://us02web.zoom.us/j/6194957056
Meeting ID# 619-495-7056
Members of the public may also remotely listen to and participate in the meeting via teleconference. If you wish to listen or participate in this meeting through teleconference, simply dial into the conference number below, and enter the meeting ID#.

Conference call in Number: 669-900-6833 (Toll-Free 888 788 0099) “RAISE YOUR HAND” to provide public comment for your desired item. Speakers will be asked to identify themselves.
• Online: If you are online, click on “raise hand” on the bottom of your screen. • Mobile App: In the mobile app, you can raise your hand by tapping the "Raise Hand" option in the "More" tab.
• Telephone: If you are calling in via telephone, to raise your hand, dial *9 (star-nine). Speakers will be called on by the last four digits of their phone number. To unmute yourself dial *6 (star-six). 1 5. RETURN TO OPEN SESSION AT 6:30 PM:

Announcement of any action taken by the City Council in Closed Session required by the Ralph M. Brown Act. (Government Code Section 54950 et. seq.)

6. CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:

7. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:

This time slot is for informational presentations, appointments, or awards to be presented by the City Council or to the City Council.

8. PUBLIC COMMENTS:

Public participation is welcomed and invited at all City Council meetings. Time is reserved at each regular meeting for those in the audience who wish to address the City Council. The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.

Councilmembers, when recognized by the Mayor, may ask questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. • Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker. (Should you need an additional special accommodation, e.g., remote microphone, please notice the City Clerk prior to the start of meeting for arrangements). • Please state your name for the record prior to providing your comments. • Please address the Council as a whole.
• If you have documents to present, please provide a minimum of seven (7) copies. • Please limit your remarks to five (5) minutes.

Public comments period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.

9. PUBLIC COMMENT FOLLOW-UP:

This is the time for City Council or the City Manager to respond to public comments and may direct staff to prepare a report or place an item on a future agenda.

10. CONSENT AGENDA:

All matters listed under the consent agenda are considered routine and non-controversial and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion, a. Approval/ratification of payments issued from June 12, 2022, through June 28, 2022. b. Approval/ratification of payments issued from July 11, 2022, through July 24, 2022. c. Approval of Minutes of the regular meeting held July 19, 2022. d. Approval of Minutes of the special meeting held July 25, 2022. e. Accepting the Grant Award for $169,000 with the California State Department of Toxic Substances (Granter) and Authorizing the City Manager to sign necessary documents. f. Award the contract for the On-Call Planning Services to Housing Tools and authorize the City Manager to sign all necessary documentation.
g. Award the contract of On-Call Planning and Environmental Services Contract to Precision Civil Engineering and authorize the City Manager to sign all necessary documentation. 2 h. Award the contract for Grant Writing, Administration, Labor Standards Compliance Services, Project Management and Implementation of Community Development Block Grant Programs and Other State and Federal Grant Programs for the City of Yreka’s Economic Development Grants (non-design and non-construction) to the Siskiyou County Economic Development Council and authorize the City Manager to sign all necessary documentation. i. Authorize the City Manager to sign a Contract for Financial Planning Services for a Fire Services Development Impact Fees Study with Capital Public Finance Group not to exceed $7,500.
j. Continuation of Urgency Ordinance #864: Fireworks.
k. Continuation of Urgency Resolution #2021-51: Remote Public Meetings. l. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.

11. PUBLIC HEARINGS:

Public Hearing Protocol:
i. Mayor will describe the purpose of the Public Hearing. ii. City Staff will provide the Staff Report.
iii. City Staff will respond to questions from the City Council. iv. Mayor will open the Public Hearing.
v. Public wanting to comment will come to the podium, provide the City Clerk with their name and address, and provide their comments.
vi. Mayor will close the Public Hearing.
vii. City Council will deliberate and act on the item.

City Manager/City Attorney
A. Agenda Title: 2022-16 Turre Street Rezoning Application The City Council will consider rezoning the following addresses from Commercial Highway (CH) to Commercial and Professional Office (CPO): 104 Turre St, 106 Turre St, 107 Turre St, 108 Turre St, 109 Turre St, 927 S. Main St, 931 S. Main St, 935 S. Main St, 939 S. Main St, 918 Fourth St, 922 Fourth St, 1011 Fourth St, 180 Rose Ln, 1110 S. Oregon St, and APN’s 061-272-030 & 061- 272-360. The properties are developed as residential houses and commercial buildings. The purpose of the rezoning would be to allow these properties to convert into residential homes through a conditional use permit process or remain as residential homes. The project was evaluated for compliance with the California Environmental Quality Act (CEQA) and a General Rule or “Common Sense” exemption is recommended for the project.

Recommended City Council Action: Motion to Approve a Resolution of the City Council of the City of Yreka Approving Turre Street Rezoning and Adopt the Finding that the Project is Exempt from The California Environmental Quality Act

12. NEW BUSINESS:

Yreka Rotary/City Manager
a. Agenda Title: Special Event Siskiyou Scenic Bike Route to be held May 5-7, 2023. 3 The Rotary Club of Yreka would like to hold the Siskiyou Scenic Bicycle Tour on the dates of Friday, May 5, 2023, for overnight camping and the bike ride itself on Saturday, May 6, 2023.

The club is requesting to sell alcohol on Sunday, May 7, 2023, as well as collect fees from riders and sell t-shirts related to the event. Siskiyou Scenic Bike Tour estimates 350- 400 cyclists for 2023 as this event will be featured in an article of Cycle California in the January 2023 edition which is distributed in California, Southern Oregon and Nevada.

Recommended City Council Action: Motion to Adopt a Resolution Approving Requests Associated with the Special Event Known as the Siskiyou Scenic Bicycle Tour to be held on the dates of Friday, May 5, 2023, Saturday, May 6, 2023, and Sunday, May 7, 2023. b. Agenda Title: Siskiyou Rotary Picnic Table Replacement Project Request for Funds Request of a cash match of $1,000 to finish the Yreka Rotary picnic table replacement project.

Recommended City Council Action: Motion to approve the request from the Rotary Club of Yreka for a $1,000 cash contribution towards the replacement of picnic tables project at Upper Greenhorn Park and an appropriation of funds from the existing parks budget.

OR;
Motion to approve the request from the Rotary Club of Yreka for a $1,000 cash contribution towards the replacement of picnic tables project at Upper Greenhorn Park and a supplemental appropriation of funds from General Fund reserves.

Kris Taylor/City Manager
c. Agenda Title: Kris Taylor “Kids Block Party 2022” to be held on September 17, 2022 Kris Taylor, doing business as Art Among Us (AAU), has submitted a request for Council permission to hold the 2022 Kids Block Party. The event is to be held on September 17, 2022, and will result in some temporary closure of Miner, Broadway, and adjacent streets for the one-day event. Ms. Taylor will present and answer questions about the event.

Recommended City Council Action: Motion to adopt a resolution Approving Requests Associated with the Special Event known as the Lids Block Party 2022 to be held on September 17, 2022.

13. CITY MANAGER/STAFF REPORTS:

City Manager and Staff may make brief announcements or reports at this time.

14. COUNCILMEMBER STATEMENTS AND REQUESTS:

Members of the Council may make brief announcements, reports, or request staff to report to Council on any matter at a subsequent meeting.

15. ADJOURNMENT:

In compliance with the requirements of the Brown Act, notice of this meeting has been posted in a publicly accessible place, 72 hours in advance of the meeting.
4 All documents produced by the City which are related to an open session agenda item and distributed to the City Council are made available for public inspection in the City Clerk’s Office during normal business hours.

Public Hearings: If, in the future, you wish to challenge in court any of the matters on an agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Any person seeking to challenge a City Council decision made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.”
"CHALLENGING DECISIONS OF CITY ENTITIES The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of Yreka is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing. If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Yreka, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies." The City of Yreka does not discriminate on the basis of race, color, national origin, religion, age, gender, sexual orientation, disability, or any other legally protected classes in employment or provision of services. In compliance with the Americans with Disabilities Act, those requiring accommodations for this meeting should notify the City Clerk 48 hours prior to the meeting at (530) 841-2386 or by notifying the Clerk at [email protected].

AFFIDAVIT OF NOTIFICATION AND POSTING

STATE OF CALIFORNIA )

COUNTY OF SISKIYOU ) SS

CITY OF YREKA )
I, Rhetta Hogan, Acting City Clerk of the City of Yreka, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Yreka, California, was delivered and/or notice by email not less than 72 hours, before the hour of 5:30 p.m. on August 2, 2022 to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.ci.yreka.ca.us and posted at Yreka City Hall, 701 Fourth St., Yreka, California. /s/: Rhetta Hogan

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65 MINUTES OF THE SPECIAL MEETING OF THE
YREKA CITY COUNCIL MEETING HELD ON JULY 19, 2022
_____________________________________________________________________ On July 19, 2022 the City Council of the City of Yreka, Special Meeting for Closed Session at 5:30 p.m. and Regular Meeting at 6:30 p.m., met and upon roll call, the following Councilmembers were present: Deborah Baird, Joan Smith Freeman, Duane Kegg, Corey Middleton, and Paul McCoy.

1. CALL TO ORDER:

2. PUBLIC COMMENT ON CLOSED SESSION:

None.

3. CLOSED SESSION:

The City Council recessed to Closed Session to discuss the following item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced:
a. Conference with Labor Negotiator Government Code § 54957.6(a) Agency negotiators: City Manager, Assistant City Manager and Human Resources Director.

Employee Organization: Yreka Police Officers Association b. Conference with Real Property Negotiations Government Code § 54956.8 Property: Assessor Parcel Nos. 053-642-580 and 053-651-760 Third Party Negotiation: County of Siskiyou
City Negotiation: City Manager and City Attorney
Negotiating Parties: City of Yreka and County of Siskiyou Under Negotiation: Possible purchases including price, terms of payment, or both. c. Conference with Real Property Negotiations Government Code § 54956.8 Property: Assessor Parcel Nos. 053-352-160
Third Party Negotiation: Siskiyou Economic Development Council (SCEDC) City Negotiation: City Manager and City Attorney
Negotiating Parties: City of Yreka and SCEDC
Under Negotiation: Possible sale Carnegie building including price, terms of payment, or both.
d. Conference with Real Property Negotiations Government Code § 54956.8 Property: Assessor Parcel Nos. 013-110-130 and 013-100-140 Third Party Negotiation: Adam Gardner, Origination Analyst, UGE (ugie.com) City Negotiation: City Manager and City Attorney
Negotiating Parties: City of Yreka and UGE
Under Negotiation: Possible Lease – Hi-Ridge Lumber Site for Installation of Solar Farm Equipment.

4. OPTIONAL RECESS IF DESIRED:
66 5. RETURN TO OPEN SESSION AT 6:30 PM:

6. CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:

Mayor Kegg announced there was no reportable action from Closed Session.

7. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:

This time slot is for informational presentations, appointments, or awards to be presented by the City Council or to the City Council.

Cal Conklin, Special Presentation - Information on Homelessness – Mr. Conklin presented his views and observations on the subject.

8. PUBLIC COMMENTS:

Molly Amack (sp), Dawn Marie Autrey, Melissa Browning, Mike (homeless) addressed the City Council.

9. PUBLIC COMMENT FOLLOW-UP:

10. CONSENT AGENDA:

All matters listed under the consent agenda are considered routine and non-controversial and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion, a. Approval of Minutes of the special meeting held June 16, 2022. b. Approval of Minutes of the regular meeting held June 21, 2022. c. Resolution 2022-30 approving the Destruction of Certain City Records Identified by the Finance Director.
d. Approval of a One Year Extension of Contract Position – Assistant City Manager to July 12, 2023, and an appropriation for the position.
e. Continuation of Urgency Ordinance #864: Fireworks.
f. Continuation of Urgency Resolution #2021-51: Remote Public Meetings. g. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.

The minutes of June 21, 2022 are to be adopted with the spelling corrected on two names (Jan Osborn and Korey Hayden).

Motion to approve the Consent calendar with two name spelling corrections on the Minutes for June 21, 2022.

MOTIONED: McCoy
SECONDED: Baird
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYS: None
ABSTAIN: None
ABSENT: None
67 11. PUBLIC HEARINGS:

City Manager/City Attorney
City Manager Ledbetter presented the report explaining what was before the City Council. a. Agenda Title: Imposing a One-Half Cent (1/2%) Transaction and Use (Sales Tax) for General Purposes to be considered in the November 8, 2022, Consolidated Election.

Noticed public hearing: Introduction of Ordinance establishing a General Sales Tax of onehalf cent (½ %) within the City, consideration of the Resolution calling for an Election on the Ordinance, and other actions necessary to place the Ordinance on the November 8, 2022, General Election Ballot. Tonight’s introduction is the first reading and the second reading and resolution to submit the ballot to the County Clerk in the consolidated election will be schedule for the regular City Council meeting on August 2, 2022.

The City’s voters would be asked the following question:

Sales Tax to Generally Fund Essential City Services
To maintain Yreka’s long-term financial stability through the adoption of a supplemental sales tax that would generally fund essential city services such as necessary fire/paramedic facilities public safety response time; the operation and maintenance of the Yreka Aquatic Center; the Native Park project located on Foothill Drive; clean and safe city parks; and other essential city services, shall the City of Yreka ordinance be adopted establishing a ½¢ sales tax (transaction and use tax) for general governmental use, on an ongoing basis, until ended by the voters, providing about $1,000,000 annually, with independent audits and all funds locally controlled?
☐ YES
☐ NO
Recommended City Council Action: Motion to Approve the Introduction of Ordinance (first reading), entitled “An Ordinance of the City of Yreka Imposing a Transactions and Use Tax (Sales Tax) to be Administered by the California Department of Tax and Fee Administration” and Finding That the Measure Is Not Subject To CEQA, pass the ordinance and resolution to the August 2, 2022, Council meeting for the ordinance and resolution’s second reading and possible adoption.

Comments were made about the one-half percent, and the ½ cent terminology related to the tax.

Public Comment:

Buzzy McCluskey, Robin Richards, Lorenzo Love, Cal Conklin, Louise Gliatto, Rob Bicego, Dawn Marie Autrey, Tristen Holden of Montague, Ruth Simpson made comments City Manager Ledbetter read into the record comments by Betsy and David Shuteroff, Pamela Kuck, Jan Osborn, Donna Bacigalopi.

Mayor Kegg closed the Public Comment period.

City Manager Ledbetter answered Council questions.
68 Juliana Lucchesi, Planning Director, provided her background with aquatic facilities.

Motion to approve the recommended action.

MOTIONED: Smith Freeman
SECONDED: None
AYES: None
NAYES: None
ABSTAIN: None
ABSENT: None
Motion failed for lack of a second.

City Attorney Henion provided information on the process and how changes to the resolution for the ballot measure language could still be made subsequent to action to introduce the ordinance entitled “An Ordinance of the City of Yreka Imposing a Transactions and Use Tax (Sales Tax) to be Administered by the California Department of Tax and Fee Administration” and Finding That the Measure Is Not Subject To CEQA, pass the ordinance to the August 2, 2022 regularly scheduled City Council meeting.

Motion was reintroduced to pass the ordinance to the next regular Council meeting for a second reading and possible adoption (as it was understood that the City Council could have the resolution come back to the City Council at a Special Meeting for discussion and consideration of wording contained within the resolution).

MOTIONED: Smith Freeman
SECONDED: Middleton
AYES: Councilmembers: Smith Freeman, McCoy, Middleton
NAYES: Kegg, Baird
ABSTAIN: None
ABSENT: None
Council took a break at 9:00 p.m.

After the break, Mayor Kegg asked that New Business item 13.b. be move up and the City Council concurred. Dohn Henion, City Attorney excused himself from the remainder of the meeting.

12. OLD BUSINESS:

City Manager/Police Chief
a. Agenda Title: Second Reading of Ordinance 872 and approving and adopting Yreka Police Departments Military Equipment Use (Lexipol Policy 706) and adding the Ordinance to Yreka Municipal Code Chapter Section 9.41 “Military Equipment Use” and Finding the Ordinance Exempt from CEQA.

Newly enacted Assembly Bill 481, codified at Government Code §7070 through §7075 requires a law enforcement agency (LEA) to obtain approval from the City Council, via adoption of a “military equipment” use policy (the Policy) by ordinance (the Ordinance), prior 69 to the LEA funding, acquiring, or using military equipment. The Yreka Police Department (YPD) seeks City Council adoption of the attached Military Equipment Use Policy – Policy Number 706 (Exhibit A), to allow YPD to continue to use the vital equipment specified therein.

Recommended City Council Action: Adoption of Ordinance 872 – Military Equipment Use Creating: Chapter 9.41 “Military Equipment Use” by title only and Finding the Ordinance Exempt from CEQA.

City Manager Ledbetter presented the report.

There was no public comment.

Motion to accept the recommended Council action.

MOTIONED: Kegg
SECONDED: Baird
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYES: None
ABSTAIN: None
ABSENT: None
b. Agenda Title: Yreka Police Department’s Military Equipment Use –Annual Military Roster Report Naming the Military Equipment in Use or Desired Pursuant to the “Military Equipment Use Policy” for Purposes of Chapter 9.41 of the Yreka Municipal Code.

Pursuant to California Government Code §7070(d)(6), and in accordance with California Government Code §7072, the Yreka Police Department will submit to the Yreka City Council an Annual Military Equipment Report and will make that report publicly available on its internet website. The report is for authorized military equipment is being adopted by resolution.

Recommended City Council Action: Motion to Adopt Resolution 2022-31of the City Council of the City of Yreka - Annual Military Roster Report Naming the Military Equipment in Use or Desired Pursuant to the “Military Equipment Use Policy” for Purposes of Chapter

9.41 of the Yreka Municipal Code.

City Manager Ledbetter presented the report.

There was no public comment.

Motion to approve the recommendation and adopt Resolution 2022-31.

MOTIONED: Baird
SECONDED: Smith Freeman
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYES: None
ABSTAIN: None
ABSENT: None
City Manager/City Attorney
70 c. Agenda Title: Second Reading of Ordinance 873 - Critical Infrastructure adding Yreka Municipal Code Chapter 9.45 “Use of the Public Rights of Way and Protection of School Children, Bus Stops, Critical Infrastructure, and Wildfire Risk Areas”.

The ordinance would ban camping, sitting, sleeping, and storing property on any street or sidewalk that blocks the public right of way by obstructing pedestrian or vehicular traffic. The ordinance has location-specific regulations. Camping is banned within ten feet of any bus stop, driveway, or fire hydrant. Camping is also banned within 250 feet of any youth-serving facility, which means schools, parks, libraries, and day-care facilities. Camping is also banned within 250 feet of any school route or 50 feet from critical infrastructure, both of which has been identified by Resolution 2022-26, adopted on June 21, 2022 (with Urgency Ordinance 871).

Recommended City Council Action: Motion to Adopt Ordinance 873 – Critical Infrastructure Adding Yreka Municipal Code Chapters 9.45 “Use of the Public Rights of Way and Protection of School Children, Bus Stops, Critical Infrastructure, and Wildfire Risk Areas” by title only and Finding the Ordinance Exempt from CEQA.

City Manager Ledbetter presented the report.

Mayor Kegg opened the floor for public comment.

Lorenzo Love, and Cal Conklin addressed the City Council.

Chief Gilman provided details about the ordinance and what are permissible activities/locations for this specific population. The Chief emphasized that the approach is one of educating.

Motion to Adopt Ordinance No. 873.

MOTIONED: Middleton
SECONDED: Kegg
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYES: None
ABSTAIN: None
ABSENT: None

13. NEW BUSINESS:

Finance
a. Agenda Title: Payments/disbursements issued from June 27, 2022, through July 10, 2022.

Recommended City Council Action: Approval/ratification of payments issued from June 27, 2022, through July 10, 2022.

City Manager Ledbetter presented the report.

No public comment was received.

Motion on recommended action.

MOTIONED: McCoy
SECONDED: Middleton
71 AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYES: None
ABSTAIN: None
ABSENT: None
Note this item was acted upon earlier in the meeting after the public hearing and consideration of the 11.a. Sales Tax ballot ordinance imposing 1/2 cent or (1/2%) Transaction and Use (Sales Tax) for General Purposes to be considered in the November 8, 2022, Consolidated Election. b. Agenda Title: Award of City-Wide Noise Study and Noise Element Update.

The City of Yreka prepared and issued a Request for Proposals for a City-Wide Noise Study and Noise Element Update from March to April. The city received four proposals. Two of the four were considered finalists by the selection committee and supplemental information was requested to assist in the evaluation of the finalists. The city selection committee evaluated the supplemental information and determined that MIG, Inc. satisfied the criteria for award Recommended City Council Action: Motion to award the contract for the City-Wide Study and Noise Element Update to MIG, Inc., approval of supplemental appropriation of $35,000 to be allocated in the fiscal year 2022-23 and authorize the City Manager to sign the final contract to complete the scope of work.

Planning Director Lucchesi presented the report.

There was no public comment.

Motion to accept the recommendation.

MOTIONED: McCoy
SECONDED: Middleton
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton NAYES: None
ABSTAIN: None
ABSENT: None
Fire Resolution
c. Agenda Title: California Fire Assistance Agreement Authorizing Overtimes and Portal to Portal Pay for Yreka Volunteer Fire Department Personnel.

Recommended City Council Action: Motion to Adopt Resolution 2022-32 Authorizing Overtimes and Portal to Portal Pay for Yreka Volunteer Fire Department Personnel.

City Manager Ledbetter presented the report.

No public comment.

Motion to adopt Resolution 2022-32.

MOTIONED: Baird
SECONDED: Freeman Smith
AYES: Councilmembers: Baird, Smith Freeman, Kegg, McCoy, Middleton 72 NAYES: None
ABSTAIN: None
ABSENT: None
d. CITY MANAGER/STAFF REPORTS:

City Manager and Staff may make brief announcements or reports at this time.

City Manager Ledbetter shared various multi-jurisdictional meetings he was part of. He also shared meetings he attended with Supervisor Ogren and various City initiatives. City Manager Ledbetter also provided an updated on the item below on the Critical Infrastructure Ordinance Implementation.

Chief Lemos thanked staff for their support with various complex agenda items. e. COUNCILMEMBER STATEMENTS AND REQUESTS:

Members of the Council may make brief announcements, reports, or request staff to report to Council on any matter at a subsequent meeting.

Various Councilmembers reported on different events attended and upcoming community happenings.

City Manager Ledbetter announced that the City received the Department of Toxic Substance Control State (DTSC) grant to do the soil clean up on Foothill and that will come to Council in August.

Council requested an informational only report on the County’s needle exchange program. City Manager Ledbetter took note.
f. ADJOURNMENT.

There being no further business before the Council the meeting was adjourned.

Attest:
_____________________
________________________ Duane Kegg, Mayor
Rhetta Hogan Minutes Approved by the City Council
City Clerk Motion August 2, 2022
73 MINUTES OF THE SPECIAL MEETING OF THE YREKA CITY COUNCIL HELD IN SAID CITY ON JULY 25, 2022
____________________________________________________________________ On July 25, 2022, the City Council of the City of Yreka, Special Meeting for Closed Session at 5:30 p.m. and Special Meeting at 6:30 p.m., met and upon roll call, the following Councilmembers were present: Deborah Baird, Joan Smith Freeman (via teleconference), Duane Kegg, Corey Middleton, and Paul McCoy.

1. PUBLIC COMMENT ON CLOSED SESSION:

2. CLOSED SESSION:

The City Council will recess to Closed Session to discuss the following item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced:
a. Conference with Labor Negotiator Government Code § 54957.6(a) Agency negotiators: City Manager, Assistant City Manager and Human Resources Director Employee Organization: Yreka Police Officers Association

3. OPTIONAL RECESS IF DESIRED:

4. RETURN TO OPEN SESSION AT 6:30 PM:

Announcement of any action taken by the City Council in Closed Session required by the Ralph M. Brown Act. (Government Code Section 54950 et. seq.)

5. CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:

6. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:

This time slot is for informational presentations, appointments, or awards to be presented by the City Council or to the City Council.

7. PUBLIC COMMENTS:

Louise Gliatto, Steve Radford, Rob Bicego, Donna Bacigalopi made public comments.

Per Council consensus, Public Comment was limited to three minutes.

Robin Richards, Allison Wells Leal, Jerry Stacher, Buzzy McCluskey, Hal Pierce, Dawn Marie Autrey, Lorenzo Love, Tom Larson, Catherine Gilbert, and Jeremy McVey addressed the Council.

Mayor Kegg made a public statement that this is not the right time to move with this matter forward.

Councilmember Baird stated that she too was not going to vote for a myriad of reasons.

8. PUBLIC COMMENT FOLLOW-UP:

This is the time for City Council or the City Manager to respond to public comments and may direct staff to prepare a report or place an item on a future agenda.
74 9. OLD BUSINESS:

There was Council discussion on this matter. City Attorney Henion confirmed that the vote needed to pass the matter was a 4/5 vote. Various Councilmembers made comments about where they stood on the matter.

City Manager Ledbetter made clarifications regarding points of confusion.

No further City Council action was taken on the matter.

City Manager/City Attorney
a. Agenda Title: Imposing a ½¢ Transaction and Use (Sales Tax) for General Purposes to be considered in the November 8, 2022, Consolidated Election.

At the last meeting on July 19, 2022, the City Council Introduced and passed to a second reading for consideration on August 2, 2022, an Ordinance establishing a General Sales Tax of ½¢ sales tax within the City. Tonight, the City Council is discussing the specific language contained within the Resolution calling for an Election on the Ordinance, and other actions necessary to place the Ordinance on the November 8, 2022, General Election Ballot. It is expected that direction given to the City Attorney and staff for changes are to be incorporated into the Resolution for consideration/action at the next regularly scheduled City Council meeting, August 2, 2022.

As drafted the ballot The City’s voters would be asked the following question:

Sales Tax to Generally Fund Essential City Services
To maintain Yreka’s long-term financial stability through the adoption of a supplemental sales tax that would generally fund essential city services such as necessary fire/paramedic facilities public safety response time; the operation and maintenance of the Yreka Aquatic Center; the Native Park project located on Foothill Drive; clean and safe city parks; and other essential city services, shall the City of Yreka ordinance be adopted establishing a ½¢ sales tax (transaction and use tax) for general governmental use, on an ongoing basis, until ended by the voters, providing about $1,000,000 annually, with independent audits and all funds locally controlled?
☐ YES
☐ NO
Recommended City Council Action: Provide input and give direction to the City Attorney and staff on the ballot measure language for the Resolution calling for an Election on the Ordinance, and other actions necessary to place the Ordinance on the November 8, 2022, General Election Ballot.

10. CITY MANAGER/STAFF REPORTS:

City Manager and Staff may make brief announcements or reports at this time.

11. COUNCILMEMBER STATEMENTS AND REQUESTS:

Members of the Council may make brief announcements, reports, or request staff to report to Council on any matter at a subsequent meeting.

12. ADJOURNMENT.
75 There being no further business before the Council the meeting was adjourned.

Attest:

_______________________
Duane Kegg, Mayor
___________________________ Minutes approved by Council, Rhetta Hogan, City Clerk Motion August 2, 2022
76 Prepared by: Juliana Lucchesi, AICP, Planning Director Agenda Title: 10e. Accepting the Grant Award for $169,000 with the California State Department of Toxic Substances (Granter) and Authorizing the City Manager to sign necessary documents.

Meeting date: August 2, 2022
Recommended Action:

Motion to accept the Grant Award for $169,000 with the California State Department of Toxic Substances (Granter) and authorize the City Manager to sign necessary documents.

Summary:

The City Council has prioritized the lead cleanup of 400 South Foothill Drive, Yreka, CA 96097. The property has been environmentally evaluated for potential contamination from previous use as a car dismantling business and storage yard.

The environmental screening revealed a toxic level of lead in the soil that must be remediated or capped prior to development. City Staff have acquired a Brownfields Revolving Loan grant in the amount of $169,000 to cover the cost of environmental cleanup.

DTSC Brownfield Revolving Loan Fund:

The Department of Toxic Substance Control (DTSC) is the California department charged with evaluating, funding, and monitoring properties that are environmentally contaminated. Environmental contamination may be related to previous land uses, accidents, or historic building materials. A brownfield is a location that may or may not be environmentally contaminated. The three most common brownfield contamination is lead, asbestos, and petroleum hydrocarbons.

DTSC has issued a number of funding opportunities for the purpose of identifying brownfield sites and remediating them. The Brownfield Revolving Loan Fund (RLF) is a no match grant program that can be used by cities to remediate sites with known contamination. The grant covers the labor, machinery, and transportation of contaminated soil.

Project Description:

The City of Yreka acquired 400 South Foothill Drive, which had been used historically as a car dismantling and storage facility. Car dismantling and storage 77 is known to cause environmental contamination due to leaking vehicles and break down of metal parts. The city performed a Phase 1 and Phase 2 environmental assessment to identify if there are known contaminates, what type of contamination is present, and the location and concentration of the contamination. The Phase 2 revealed a toxic level of lead in the soil that will need to be remediated prior to development of the property.

The clean-up phase of the project involves the removal, processing, and transport of the contaminated soil. A specialized contractor is required to perform the work with contaminated soils. A Request for Bids would be issued post award signing to invite qualified contractors to bid the project. Once a bid is awarded by Council, the contractor will perform all excavation and reporting work on behalf of the city.

Project Location: 400 South Foothill Drive
Yreka, CA 96097
APN # 054-191-290
Timeline:

The grant term shall be from June 30, 2022, through June 29, 2023, or until the mitigation is complete.

The timeline for completion of clean-up would be approximately 3 moths depending on weather conditions.

Environmental Review:

The action of accepting a grant is not considered a project under the California Environmental Quality Act (CEQA) because it would not directly or indirectly impact the environment.

Fiscal Impact:

The full cost of the cleanup will be covered by the grant. There would be no impact to the city budget.

Staff Recommendation:

City Staff recommend the City Council accept the grant award of $169,000 and authorize the City Manager to sign all necessary documents.

Attachments:

1. Brownfields Revolving Loan Fund Grant Terms and Conditions 78 Site Name: Foothill Property
Address: 400 S. Foothill Drive,
Yreka, CA 96097
GRANTEE/Applicant: City of Yreka
Name: Juliana Lucchesi
Organization: City of Yreka
Address: 701 4th Street, Yreka, CA 96097
Grant No. BRLF-2022-002

BROWNFIELDS REVOLVING LOAN

FUND GRANT TERMS AND

CONDITIONS
The Department of Toxic Substances Control (“GRANTOR” or “DTSC”) provides the following Brownfields Revolving Loan Fund (RLF) Program Grant Terms and Conditions (“Grant Terms and Conditions”) to the City of Yreka (the “GRANTEE”) for its Foothill Property Project (“Mitigation Project”).

RECITALS
A. DTSC is authorized to grant to entities who remediate and mitigate hazardous substances on brownfields.

B. The GRANTEE has title to that certain property commonly known as 400 South Foothill Drive, in Yreka, California (“Property”); the Property is described in the “Legal Description” and depicted on the “Map,” which are attached hereto as “Exhibit A” and “Exhibit B”, respectively, and incorporated herein by this reference.

C. The GRANTEE proposes to remediate soil contaminated with elevated concentrations of lead found in the soil at the Property (“Mitigation Project”). 79 D. GRANTEE is aware of certain hazardous substances in the soil on the Property that were deposited or released prior to the date GRANTEE originally acquired the Property.

E. A Phase II Assessment conducted in 2021 found elevated levels of lead in soil from historical operations at the site. The assessment is summarized in and included as an attachment to the “Soil Removal Workplan” (August 3, 2021) (hereby incorporated as “Exhibit C”), as approved by Siskiyou County Environmental Health in a letter dated August 8, 2021. The Property was developed in the 1920’s as a soda bottling plant that transitioned to a produce-packing warehouse in 1939. In the 1980’s, a vehicle wrecking, and dismantling plant operated on the Property. At an unknown date, the facility was converted into a residence that subsequently burned down in 2006 and was illegally used for travel trailer and recreational vehicle storage until 2008 when the City took action to vacate the illegal use. The Property has remained vacant since 2008. A Phase I Environmental Site Assessment was conducted on July 16, 2020, and the GRANTEE purchased the property on July 23, 2020.

F. GRANTEE, while willing to undertake the Mitigation Project, requested that DTSC provide a Brownfields RLF Grant (“Grant”) to do so.

G. The GRANTEE is a city (governmental entity), and the Property is not listed, nor proposed to be listed, on the EPA’s National Priorities List; therefore, the GRANTEE is eligible to receive the Grant.

H. DTSC designated an environmental project manager to review the work to be performed using the Grant funds.

ATTESTATIONS

1. DTSC’s environmental project manager will review the GRANTEE’s mitigation planning and documents (the “Project Documents”) and review the activities as they are ongoing to ensure that the Mitigation Project is being completed in accordance with all applicable jurisdictional requirements pursuant to a lead agency approved cleanup plan and cost estimate.

2. The GRANTEE shall ensure that all public participation requirements are met. This includes public notifications, opportunities for public involvement, responses to comments and establishing a local information repository. The GRANTEE will provide copies of all public notices and response to comments to DTSC for the project file.

3. DTSC agrees to grant GRANTEE, via reimbursement, up to one hundred and sixty-nine thousand dollars ($169,000) to implement the Mitigation Project at the Property. DTSC shall hold all Grant proceeds and disburse upon receipt of written invoices and documentation to DTSC’s reasonable satisfaction.

4. DTSC’s obligations under these Grant Terms and Conditions are contingent upon and subject to the availability of funds appropriated for the DTSC Brownfields RLF Grant.
80 5. The Grant term shall be a from June 30, 2022 through June 29, 2023, or until the Mitigation Project is complete— whichever comes first.

6. The GRANTEE prepared an initial Mitigation Project cost estimate, attached hereto as “Exhibit D.” The GRANTEE shall submit a more detailed cost estimate (“Project Budget”) to DTSC to review and approve. The approved Project Budget will be incorporated into these Grant Terms and Conditions.

7. DTSC shall make checks payable to the GRANTEE to reimburse allowable invoice expenses GRANTEE incurred, based upon the work progress, and in accordance with the approved Project Budget.

8. The GRANTEE will carry out the Mitigation Project in accordance with CERCLA § 104(k); Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments [40 Code of Federal Regulations (CFR), Part 31]; and all other applicable provisions of Federal, State, or local law.

9. The GRANTEE represents that none of the contractors or subcontractors undertaking the Mitigation Project is currently suspended, debarred, or otherwise declared ineligible for participation in this Federal program or from the receipt of proceeds of the subject funds (formerly Federal funds).

10. The GRANTEE shall carry out the Mitigation Project in accordance with the DavisBacon Act of 1931, which requires payment of Federal prevailing wage rates for Federally-funded construction, repair, or alteration work

11. The GRANTEE shall comply with Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CFR 60-4 relating to Federallyassisted construction contracts.

12. The GRANTEE shall grant DTSC the right to enter the Property to oversee Mitigation Project implementation at any reasonable time. Whenever possible, DTSC shall provide advance notice to GRANTEE prior to entering the Property.

13. The GRANTEE shall provide copies of mitigation plans, permit application, engineering documents and copies of environmental permit(s) received to DTSC’s designated environmental project manager.

14. The GRANTEE understands and agrees that all DTSC provided Grant funds shall only be used to mitigate hazardous conditions within the remediation boundaries depicted in “Exhibit B.”

15. The GRANTEE further understands and agrees that receiving Grant funds is conditioned upon GRANTEE’s Project Documents and Grant Terms and Conditions full compliance.

16. GRANTEE agrees to document and keep separate all Grant funds expenditures within the approved Project Budget. GRANTEE shall not exceed any costs shown in the approved 81 Project Budget. It is the GRANTEE’s responsibility to pay any costs of the Mitigation Project that exceeds the Grant amount. In addition, GRANTEE must report to DTSC, at least quarterly, the number and classification of all labor hours for the quarter associated with that quarter’s expenditures.

17. All work on the Mitigation Project performed pursuant to these Grant Terms and Conditions and with Grant funds shall be performed in a good and workmanlike manner.

18. All changes or modification to the Mitigation Project shall be submitted to the lead agency, Siskiyou County Environmental Health in writing, to approve prior to such change or modification becoming effective. All additional costs incurred as the result of any Change Orders shall be subject to prior written DTSC approval not to exceed the Grant total, if the Grant pays the costs. If unforeseen conditions are discovered during the Mitigation Project implementation that present an imminent or substantial endangerment to human health and environment, DTSC reserves the right to require the GRANTEE to revise the Project Documents working with the lead agency.

19. GRANTEE, at its sole cost and expense, and from sources other than Grant funds, shall be responsible to obtain all permits, licenses, approvals, certifications, and inspections Federal, State, or local law require, and to maintain such permits, licenses, approvals, certifications, and inspections in status during the term of this Grant.

20. GRANTEE must carry out the Mitigation Project in accordance with the Davis- Bacon Act of 1931, which requires paying Federal prevailing wages for all construction, alteration, and repair contracts and subcontracts awarded with Grant funds. Additional requirements include, complying with the Davis-Bacon Act of 1931 are set forth in the Exhibit E to these Grant Terms and Conditions (Davis-Bacon Terms and Conditions for Hazardous Waste Cleanup Grants to Governmental Entities). To the extent the Mitigation Project is also subject to prevailing wages under California Labor Code section 1720 et seq., the contractor must apply the higher of the applicable State or Federal prevailing wage.

21. The GRANTEE shall:
a. Notify DTSC when the Mitigation Project is complete. The notice shall contain certification or documentation that the mitigation of hazardous conditions was performed in accordance with the terms of these Grant Terms and Conditions. This closeout documentation shall summarize all actions taken, the resources committed, the problems encountered in completion of the Mitigation Project, if any, and document that the Mitigation Project is complete. The closeout documentation should also include before and after photos with the completed DTSC Success Story Form. In addition, this documentation must include a completed Property Profile Form, which the GRANTEE completes with the DTSC’s environmental project manager. Finally, if the allowable costs for the Mitigation Project exceed the Grant amount, the closeout documentation should include additional remediation invoices for those costs that would have qualified for reimbursement under the Grant if additional funds were awarded to the GRANTEE.
82 b. Submit copies of qualifying Mitigation Project invoices over the amount of this Grant to DTSC’s project manager.
c. Perform all its obligations under these Grant Terms and Conditions, and any other agreements or instruments to which the GRANTEE is a party, and which relate to these Grant Terms and Conditions or to the Mitigation Project.

22. Any DTSC forbearance with respect to any of the Grant Terms and Conditions shall in no way constitute DTSC waiving rights or privileges granted hereunder.

23. In the event of GRANTEE Grant Terms and Conditions noncompliance, the GRANTEE shall forfeit use of the Grant funds not yet disbursed.

24. The GRANTEE agrees to maintain financial and programmatic records pertaining to all matters relative to these Grant Terms and Conditions in accordance with generally accepted accounting principles and procedures. DTSC or its representatives, upon request, shall inspect or audit all such records and supporting documents. The GRANTEE shall retain all its records and supporting documentation applicable to these Grant Terms and Conditions for a period of ten (10) years, after the Mitigation Project is complete, except records that are subject to audit findings, which GRANTEE shall retain an additional three (3) years after such findings have been resolved, if three years would extend retention past the initial ten-year period.

25. GRANTEE does hereby attest, certify, warrant, and assure that no other sources of public funding (e.g., DTSC’s Equitable Community Revitalization Grant, Site Cleanup Subaccount Program, etc.) reimburse items for which GRANTEE proposes to be reimbursed via this Grant.

26. The GRANTEE agrees to permit DTSC or its designated representative to inspect and/or audit its records and books relative to these Grant Terms and Conditions at any time during normal business hours and under reasonable circumstances and to copy therefrom any information that DTSC desires relevant to these Grant Terms and Conditions. DTSC shall provide written notice to the GRANTEE prior to implementing this provision. The GRANTEE agrees to deliver the records, or have the records delivered, to DTSC or its designated representative at an address designated by such party.

27. During the performance of these Grant Terms and Conditions, the GRANTEE, its contractors, and subcontractors will comply with Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §11135-11139.5) prohibiting discrimination based on sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation. In addition, the GRANTEE will undertake good faith efforts to give opportunities for qualified Small Business Enterprises (SBE) and Disabled Veteran Enterprises (DVE) to submit proposals, bids, provide services on contracts and subcontracts for services and supplies, and will assure the State that it complies with the American with Disabilities Act (ADA) of 1990, which prohibits discrimination on the 83 basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. § 12101 et seq.).

28. The GRANTEE agrees to protect, indemnify, defend and hold harmless, DTSC, its officers, administrators, agents, servants, employees and all other persons or legal entities to whom the GRANTEE may be liable from, for or against any and all claims, demands, suits, losses, damages, judgments, costs and expenses, whether direct, indirect or consequential and including, but not limited to, all fees, expenses and charges of attorneys and other professionals, court costs, and other fees and expenses for bodily injury, including death, personal injury and property damage, arising out of or in connection with the performance of any work or any responsibility or obligation of the GRANTEE as provided herein and caused in whole or in part by any act, error, or omission of the GRANTEE, its agents, servants, employees or assigns.

29. The GRANTEE shall not assign or attempt to assign directly or indirectly, any of its rights under these Grant Terms and Conditions or under any instrument referred to herein without the prior written consent of DTSC.

30. These Grant Terms and Conditions does not create nor vest any rights in any third party or to create any third-party beneficiaries.

31. No amendments or variation of these Grant Terms and Conditions shall be valid unless DTSC approves in writing. No oral understanding or agreement not incorporated into these Grant Terms and Conditions is binding. GRANTEE may request a Grant extension, which DTSC can issue unilaterally if GRANTEE sufficiently justifies its extension needs.

32. It is expressly understood that GRANTEE’S failure to perform or delayed performance, in whole or in part, or any of the terms of these Grant Terms and Conditions, if such failure is attributable to an Act of God, fire, flood, riot, insurrection, embargo, emergency or governmental orders, regulations, priority, or other limitations or restrictions, or other similar unforeseen causes beyond the reasonable control of such party, shall not constitute Grant Terms and Conditions noncompliance; however, GRANTEE shall use its best effort to ensure that the Mitigation Project is completed in a reasonable time without unnecessary delay.

33. The Grant Terms and Conditions provisions shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

34. No failure of either party to exercise any power or right given it hereunder or to insist on strict compliance by the other party with its obligations hereunder shall constitute a waiver of the other party’s right to demand at any time exact Terms and Conditions compliance hereof.
84 35. All notices, requests, instructions, or other documents to be given hereunder to either party by the other shall be in writing and delivered personally or sent by certified or registered mail, postage prepaid, to the addresses set forth in these Grant Terms and Conditions. Any such notice, request, instruction, OR other document shall be conclusively deemed to have been received and be effective on the date on which personally delivered or, if sent by certified or registered mail, on the day mailed to the parties as follows:

To the GRANTOR: Department of Toxic Substances Control:

Francesca Negri, Chief Deputy Director
1001 “I” Street, P.O. Box 806
To the GRANTEE: City of Yreka California
701 4th Street
Yreka, CA 96097
or to such other address as a party may subsequently specify in writing to the other party.

36. Under the laws of the State of California, the GRANTEE shall not be:
a. In violation of any order or resolution not subject to review promulgated by the California Air Resources Board or an air pollution control district; b. 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
c. Out of compliance with any applicable Federal, State, and local laws, ordinances, regulations, and permits.

37. If any provision or item of these Grant Terms and Conditions is held invalid, such invalidity shall not affect other provisions or items of these Grant Terms and Conditions, which can be given effect without the invalid provisions or items, and to this end, the provisions of these Grant Terms and Conditions are hereby declared severable.

38. These Grant Terms and Conditions may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one and the same document. 85 IN THE WITNESS WHEREOF, THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL AND

THE GRANTEE EXECUTED THIS GRANT TERMS AND CONDITIONS AGREEMENT ON THE RESPECTIVE DATES SET FORTH BELOW.
“City of Yreka California”

BY: __________________________________________
Jason Ledbetter
City Manager
City of Yreka’s Signatory
Date: _________________________________________
“DEPARTMENT OF TOXIC SUBSTANCES CONTROL”
BY: ___________________________________________
Francesca Negri
Chief Deputy Director
DTSC’s Authorized Signatory
Date:__________________________________________

86 References:

Exhibit A – Legal Description
Exhibit B – Map
Exhibit C – Phase I Environmental Site Assessment Exhibit D – Cost Estimate Exhibit E – Davis-Bacon Terms and Conditions for Hazardous Waste 87 CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
Prepared by:

Agenda Title:

Meeting date:

Juliana Lucchesi, AICP, Planning Director
10f. Award of On-Call Planning Services Contract to Housing Tools
August 2, 2022
Recommended Action:

Motion to award the contract for the On-Call Planning Services to Housing Tools and authorize the City Manager to sign all necessary documentation.

Summary:

The City of Yreka prepared and issued a Request for Proposals for On-Call Planning and Environmental Services from May 2022 to July 2022. The City received three proposals from ECORP, Inc., Housing Tools, and Precision Civil Engineering, Inc. The City Selection Committee evaluated the proposals for consistency with the criteria of evaluation. The Committee recommends the city enter a multi-year contract with Housing Tools to help with housing grant applications and program implementation.

Background:

The City of Yreka utilizes on-call consultants to support city staff activities. On-call consultants work on a project-to-project basis. The on-call planning consultant would be responsible for all or some of the following tasks and services:

General Department Work
Provide qualified and experienced staff to provide planning services and address planning and environmental-related staff questions; Provide application processing services, including meetings with applicants; preparing plans for completeness and compliance with local and state guidelines development standards; prospering staff reports and making presentations; and coordinating with other city departments and outside agencies;
88 Assist with updates and creation of long-term and short-terms plans including General Plan updates, ordinance updates, and master plans to meet city and state goals;
Attend City Council, Planning Commission, and other meetings as necessary to provide information and analysis to the City’s decision-makers; Provide development processing, plan and map checking, and on-site inspection for all new development activity, when needed; and Assist with planning special projects which may include grant preparation, grant management, and project management.

Training
Provide planning and environmental training for city staff, City Council, and Planning Commission to familiarize these parties with planning and environmental regulation, laws, and best practices.

Environmental Services
Prepare minor environmental determinations as required to comply with state and federal law for public and private projects being processed by the city;
Environmental clearance and permitting for city projects as needed; Provide environmental on-site inspections and field surveys; Provide oversight, management, and preparation of all environmental documents to be prepared by outside consultants; and
Provide long-term monitoring and reporting to ensure compliance with mitigation monitoring programs.

Housing Services
Assist with development of housing policies and programs, implementation of housing programs and development of affordable housing projects.

Fiscal Impact:

The cost of the on-call consultant is covered in the current year budget. There would be no impact to the city’s budget.

Staff Recommendation:

The City Selection Committee consisted of members of the Planning Department, Finance, and Assistant City Manager. The award criteria was as follows:
89 • Demonstrated understanding of the requested work and responsiveness to the request for proposal.
• Firm expertise and competence including experiences processing current development projects, experience with CEQA and complex EIR’s. • Experience with advanced planning such as General Plan, Master Plans, Specific Plans, and Housing Element Updates.
• Excellent written and verbal communication skills.
• Professional qualifications and experience of individuals likely to be assigned to the city.
• Proposed compensation rates
• Reference recommendations
Housing Tools is unique in that they are proposing to assist with on-call housing specific grants and programs. Housing Tools would operate similar to the City Engineer, PACE, in that they would identify and apply for housing grants on behalf of the City and be reimbursed and funded through successful grant awards.

Attachments:

1. Housing Tools Proposal

2. Proposed Professional Services Agreement – Housing Tools 90 Response to Request for Proposals:

On-Call Planning and Environmental Consulting Services
City of Yreka
Submitted by
June 24, 2022
Attachment 1. Housing Tools Proposal
91 City of Yreka On-Call Planning and Environmental Consulting Services RFP Table of Contents
Page

1. Cover Letter

2. Key Staff 1

3. Scope of Services 3

4. Relevant Experience 3

5. Current Clients 10

6. Billing Structure 11

7. Statement of Proposed Modification 11

8. Insurance 12

9. References 12
Appendix A: Staff Resumes A
92 3400 Cottage Way, Suite B
Sacramento, CA 95825
PH / 530 513 3116
housing-tools.com
June 24, 2022
Juliana Lucchesi AICP
Planning Director
City of Yreka
701 Fourth Street
Yreka, CA 96097
RE: Response to On-Call Planning and Environmental Consulting Services RFP Dear Ms. Lucchesi:

Housing Tools is pleased to present the enclosed proposal for the above-referenced RFP.

We believe that we are well qualified to deliver these services because of our deep local knowledge, experience working with state and federal funding sources, and capacity to bring together our grant management expertise and housing development acumen.

Most of our firm’s work has been focused on assisting North State communities address affordable housing needs. We understand the challenges and opportunities that are unique to the City of Yreka and Siskiyou County. Over the last four years, we have worked with Siskiyou County to bring the Siskiyou Crossroads permanent supportive housing project to fruition, which was the result of an extensive community outreach process, development of a 10-year Plan to Address Homeless, management of a developer RFP, and application for State No Place Like Home funds. We have also recently completed the Local Homelessness Action Plan for the NorCal CoC. This plan will enable the Siskiyou County CoC to tap into critical State funding for permanent solutions to homelessness. In addition, we have prepared five different Homekey applications that have successfully secured funds.

Our practical experience combines government grant management and housing development. This combination of perspectives will provide a holistic approach to the services required by this RFP— a firm understanding of the regulatory framework complimented by an appreciation for the nuts and bolts of financing and building housing.

I am authorized to represent the firm for contract purposes and may be reached at (530) 513-3116 or [email protected]. Our federal tax ID is 47-2763410. The cost quote in this proposal is valid for at least 90 days.

Sincerely,
James Coles
Owner, Housing Tools
93 City of Yreka On-Call Planning and Environmental Consulting Services RFP 1

2. Key Staff
Project Management Structure
Housing Tools has assembled a project team that brings a wide array of practical skills to the scope of services. Delivery of effective housing programs and projects calls for assistance from professionals with versatility and broad perspective, as housing development issues intersect with government regulation, market forces, economic trends, social services, and local political dynamics. Below is a listing of the core competencies offered by our project team. • Government Administration— Key project team members have spent many years working in government within the fields of housing, community development, and public health. This has included work for HUD, a state finance authority, and city and county governments. Our team members have held Director and Management level positions, and are adept at leading initiatives, and communicating complex issues and programs to decision makers and the general public. Our experience has included planning, budgeting, policy-making, program implementation, management, evaluation and reporting in a variety of facets within public agencies. • U.S. Department of Housing and Urban Development (HUD) Program Management— Due to their extensive experience working inside government, and as consultants to governments, project team members are well-versed in utilizing HUD programs. These programs have included CDBG, HOME, and CoC. Our deliverables have included Five Year Consolidated Plans, Action Plans, program and project development, and compliance monitoring.
• State Housing and Community Development (HCD) Program Management— Sherry Morgado, Jamie McLeod, and James Coles each have more than 20 years of experience working in the housing and community development field in California. This has afforded them with ample experience to coordinate with HCD, and apply for and administer HCD funds. Project team members have interacted with HCD from a variety of perspectives, as local government staff, as housing developers, and as consultants.

This experience has allowed team members to become familiar with HCD’s programs and processes, and build trusting relationships with HCD staff, including the Disaster Recovery Division. The HCD relationship is vitally important for effective management of the City’s housing programs.
• Affordable Housing Development— James Coles has a wealth of experience in housing development. James was an affordable housing developer for seven years, and has provided consulting services to affordable housing developers for more than nine years.

James is familiar with tax credit financing strategies, lending practices, and funding programs, in addition to the real estate development process that involves site assessment, property acquisition, project design, financial structuring, entitlement processing, loan document review, loan closing, construction management, and 94 City of Yreka On-Call Planning and Environmental Consulting Services RFP 2 transition to operations. In addition, Jamie McLeod is a seasoned realtor with a commercial real estate license, and is adept at analyzing market studies and appraisals, assessing development opportunities, and negotiating acquisitions.

Project Team Roles
James Coles— Project Manager, Point of Contact, Contract Administrator James will guide the project team to deliver outcomes for the City as laid out in the contract. He will manage the project team and monitor performance to ensure that City’s expectations are met. As primary point of contact for the City, he will engage in on-going communication with the City’s designated project manager, and will problem-solve in a collaborative way as needed.

Sherry Morgado— Overall Project Advisor
Drawing on her wide ranging expertise in grant administration, public administration, and community development, Sherry will provide general guidance and advise for project management. Sherry will support James in contract administration, and help problem-solve through a team approach. Sherry’s expertise will be especially valuable for program design and implementation, team management, community outreach and interaction, and management of personnel. With over 15 years of experience working in the community, her local knowledge and relationships will also be an asset for the project team.

Jamie McLeod— Housing Development
Jamie will employ his experience municipal governance and as a commercial real estate agent to lead housing development efforts, focusing on funding and real estate transactions.

Tam Le— Funding Applications and Transactions
Tam will coordinate funding application preparation. She has prepared applications for a wide variety of programs, including Homekey. Tam will also manage loan closings, including due diligence lists, insurance documentation, loan document execution, and escrow.

Michelle Anderson Shelby— Labor Compliance Monitoring Expert Michelle provides labor compliance monitoring, including pre-construction activities and the construction period.

Jessica Candela— Grant Coordination
Jessica will coordinate different funding sources to implement housing programs and projects.

She has experience working with the Permanent Local Allocation Program (PLHA), No Place Like Home (NPLH), and Homekey and each program’s particular application requirements and regulations.
95 City of Yreka On-Call Planning and Environmental Consulting Services RFP 3 Cassie Miracle— Community Outreach
Cassie will assist in community outreach through stakeholder interviews, community meetings, surveys, and social media. She will also guide planning document preparation and presentation as necessary.

Sareena Rai— Community Planning
Sareena will prepare community plans and conduct data research as necessary for the implementation of housing programs and projects. She heads the firm’s planning activities, which has included preparation of Housing Elements for a number of North State jurisdictions.

3. Scope of Services
Housing Tools will offer a variety of services that will help the City of Yreka address housing needs. These may include:
• Funding applications, including State Homekey, PLHA, NPLH, MHP, IIG, and others; • Housing policy development and community outreach;
• Housing program administration, including implementation of Housing Element programs, budgeting, evaluation, reporting, and monitoring; • Housing development, including financial structuring, site feasibility analyses, property acquisition, drafting MOUs, DDLAs, and loan documents; and • RFP/RFQ administration, including drafting RFPs, developing evaluation systems, reviewing proposals, facilitating interviews, and writing staff reports.

4. Relevant Experience
Background
James Coles founded Housing Tools in 2012 after spending seven years in nonprofit housing development and five years in municipal housing management. The firm was established to provide services that are efficient, timely, practical and responsive to client needs. Our expertise is built on practical experience in successfully financing and implementing housing 96 City of Yreka On-Call Planning and Environmental Consulting Services RFP 4 and community development programs and projects. We have developed a niche in providing services to midsize and rural northern California communities, and have a deep understanding of the challenges they face, as well as proven strategies that produce results. Housing Tools has two focus areas— community development through local governance, and affordable housing development. Our experienced staff is driven to provide customized, attentive service to government agencies with minimum administrative overhead and maximum efficiency. The firm has nine employees, and we have experienced significant growth over the last three years in terms of the number and variety of contracts, and staff size.

Housing Tools brings local experience, knowledge and commitment to this project. Our firm has assisted the NorCal CoC in various capacities in recent years. We have also assisted other counties in the North State region to build their affordable housing capacity, including Siskiyou, Del Norte, Lassen, Plumas, Sierra, Tehama, Glenn, and Butte.

Federal Grant Management Experience
The management of federal grants is one of our firm’s core competencies. James Coles, Housing Tools Principal, Sherry Morgado, Community Development Manager, and Jamie McLeod, Senior Project Manager, have worked for California cities as both housing program managers as well as consultants, implementing HOME and CDBG grants through both HUD and HCD.

James has utilized HOME and CDBG funding sources throughout his career as an affordable housing developer, city government manager, and consultant. During his 5-year tenure working with Sherry at the City of Chico, James oversaw its CDBG and HOME entitlement grants, with an annual budget that exceeded $1 million between the two programs. He implemented a variety of CDBG-funded programs and projects, including community facilities, public infrastructure, rental new construction, housing rehabilitation, self-help homeownership, mortgage assistance, and Tenant Based Rental Assistance. Administration of the CDBG and HOME funds included preparation of annual and Five Year Consolidated plans, budgeting, IDIS reporting, project development and analysis, financing, NEPA review, Davis-Bacon labor compliance, drafting of agreements, and compliance monitoring.

Sherry was a Senior Community Development Specialist with the City of Modesto for four years, where she managed the CDBG, HOME and ESG grants for the City, including supervision of the Housing Rehabilitation program staff. She then became the Director of Housing and Neighborhood Services for the City of Chico for more than six years, also managing CDBG, HOME and RDA Housing funds. In both positions, she worked directly with developers, nonprofit organizations, and neighborhood groups to deliver high-quality community infrastructure and facilities, as well as affordable housing and homeless shelters. Both James and Sherry completed the HUD HOME Specialist Certification course during their tenure as city staff. 97 City of Yreka On-Call Planning and Environmental Consulting Services RFP 5 While employed at the Sacramento Housing and Redevelopment Agency, Jamie was the HOME Administrator for the City and County of Sacramento, responsible for ensuring all HOME funds were spent according to HUD’s rules and regulations, including inputting project information into the IDIS system, ensuring the projects met all labor compliance standards, and drawdown of funds. At the City of Woodland, Jamie was responsible for the management of CDBG, HOME, CalHome, and various other State and Federal funding sources, including administration of HOME grants. Jamie had primary responsibility for reporting to and coordinating with State HCD on these grants.

As consultants with Housing Tools, James, Sherry, and Jamie have assisted cities and counties with all aspects of the management of HOME and CDBG grants. Services have included project compliance monitoring, project feasibility evaluation, project management, strategies to meet commitment and expenditure obligations, policy development, completion of federal and state reports, and preparation of staff reports and resolutions for elected officials. In addition, James and Jamie have performed monitoring to ensure compliance with Davis-Bacon Federal Labor Standards, and have trained general contractors in these standards, including how to prepare all requirement documents and ensure proper recordkeeping.

HUD Experience
Butte County DR-MHP Administrator, 2021-current— administer $64 million in DR-MHP funds for Butte County.

City of Chico DR-MHP Administrator, 2021-current— administer $32 million in DR-MHP funds for the City of Chico.

City of Chico DR-MHP Administrator, 2022-current— administer $2.4 million in DR-MHP funds for the City of Gridley.

City of Grass Valley CDBG Administrator, 2021-2022— CDBG Administrator for a $3.5 million CDBG grant through HCD for the Memorial Park expansion.

City of Chico CDBG and HOME Monitoring, 2012-2022 (on-going)— provide HOME and CDBG compliance monitoring services, including monitoring of State-funded HOME rental projects, CDBG-funded public facilities, and CDBG-funded public services.

City of Corning CDBG and HOME Administration, 2019-2022 (on-going)— monitoring and reporting for CDBG and HOME grants, including monitoring of a 47-unit HOME-funded rental project.

City of Biggs CDBG and HOME Administration, 2019-2022 (on-going)— on-call grant consulting services for both State CDBG and HOME grants received by the City. 98 City of Yreka On-Call Planning and Environmental Consulting Services RFP 6 City of Orland HOME Administration, 2022-2023— administration of a HOME grant for a 32-unit senior housing development, including Project Set-up, construction closing, labor monitoring, payment requests, monthly reporting, and Project Close-out.

City of Willows HOME Administration, 2020-2022— administration of a HOME grant for a 24- unit family housing development, including Project Set-up, construction closing, labor monitoring, payment requests, monthly reporting, and Project Close-out.

Housing Tools Contract with City of Salinas, 2015-2016— managed HOME funding underwriting, commitment and monitoring of a 40-unit rental project rehabilitation for Low Income families.

Housing Tools Contract with Community Action Agency, 2012-2013— managed construction of a 50-unit affordable rental complex called North Point Apartments in Chico, CA.

Housing Tools Contract with Alternatives to Violence (now Empower Tehama), 2012-13 Assisted Alternative to Violence in Red Butte, Tehama County, to raise funds to build a shelter for victims of domestic violence, including a $1 million State CDBG application.

State Housing and Community Development (HCD) Experience Housing Tools has worked with HCD as a grant administrator and as a consultant to housing developers. In addition, Housing Tools senior staff James Coles, Sherry Morgado, and Jamie McLeod have worked with HCD throughout their careers. Below are lists of some of Housing Tools’ most noteworthy projects with HCD.

Grant Administration experience:
• City of Orland HOME grant
• City of Willows HOME grant
• City of Grass Valley CDBG grant
• City of Corning HOME and CDBG monitoring and reporting • City of Biggs HOME and CDBG monitoring and reporting
• Empower Tehama CDBG and EHAP grants
• No Place Like Home (NPLH) technical assistance for the Counties of Amador, Del Norte, Glenn, Lassen, Plumas, Sierra, and Siskiyou
• Glenn County-City of Willows-City of Orland, Joint Permanent Local Housing Allocation (PLHA) Application
• Siskiyou County, PLHA Application
• Plumas County, PLHA Application
Housing Development Experience:
• Allied Housing, Cedar Community Apartments Homekey Application • City of Modesto, 112 James Place Homekey Application
99 City of Yreka On-Call Planning and Environmental Consulting Services RFP 7 • Burbank Housing, Gravenstein Apartments, Loan Portfolio Restructure • East Bay Asian Local Development Corporation (EBALDC), West Grand and Brush, Multifamily Housing Program (MHP) Application, Infill Infrastructure Grant Application • EBALDC Lake Merritt Senior Apartments, Affordable Housing and Sustainable Communities (ASHC) Application
• Affordable Housing Development Corporation (AHDC) Infill Infrastructure Grant Application
• Visionary Home Builders, La Passaggiata, Transit Oriented Development (TOD) Application
• Shasta Regional Transit Authority, Redding Downtown Loop and Affordable Housing Project, AHSC Application
• PEP Housing, River City Senior Apartments, Veterans Homeless Housing Program (VHHP) Application, MHP Application
Labor Compliance Experience
Housing Tools offers expertise in federal and state labor compliance. Jamie McLeod and Michelle Anderson Shelby lead these efforts for our firm. Below are descriptions of our labor monitoring experience.

Federal Labor Compliance Guidance for Sunseri Construction, 2012, 2019-2020 In 2012, Housing Tools developed a Federal Labor Compliance Guide for Sunseri Construction, an affordable housing builder, that included outlines, forms, and templates to facilitate compliance with Davis Bacon, MBE/WBE, Section 3, and EEO requirements. Sunseri has used this guide to meet federal labor requirements where required on all of their projects throughout California and Nevada. In 2019-2020, Housing Tools has provided federal labor compliance consulting for Sunseri’s Manzanita Family Apartments project.

Sunseri Construction Reference: Cindy Lares, (530) 891-6444, [email protected] Federal Labor Compliance Monitoring for Mercy Housing, 2019-current Housing Tools conducted federal labor compliance monitoring of a motel conversion to affordable rental housing funded by HOME, and is currently providing labor compliance services for a new construction project in West Sacramento. This has included consultation on the applicable Wage Determination, incorporation of federal requirements into construction contracts, on-site interviews with workers, and regular review of payroll certifications.

Mercy Housing Reference: Jenn Fleming, (916) 414-4404, [email protected] City of Willows HOME Administrator, 2020-current
As described in the HUD Experience section above, Housing Tools is administering a HOME grant for the City of Willows. This has involved labor compliance monitoring of the project for compliance with federal labor standards, including review of contract documents, payroll certification review, and on-site interviews with workers.

City of Willows Reference: Karen Mantele, (530) 934-7041, [email protected] 100
City of Yreka On-Call Planning and Environmental Consulting Services RFP 8 City of Grass Valley CDBG Administrator, 2021-current
As described in the HUD Experience section above, Housing Tools is administering a CDBG grant for the City of Grass Valley. This involves labor compliance monitoring of the project for compliance with federal labor standards, including development of requirements for the bid package, review of the wage determination, review of contract documents, payroll certification review, and on-site interviews with workers.

City of Grass Valley Reference: Bjorn Jones, (530) 274-4353, [email protected] Affordable Housing Development Corporation (AHDC), 2021-current Housing Tools is currently providing labor compliance monitoring for three AHDC projects, including Cashin’s Field in Nevada City, North Creek Crossings 2 in Chico, and Lowden Lane in Redding. This includes monitoring for federal regulations for Cashin’s Field and North Creek Crossings 2, and monitoring for federal and state regulations for Lowden Lane.

Federal Labor Compliance for City of Chico, 2012-2021
Since 2012, Housing Tools has provided HOME and CDBG compliance monitoring services for the City of Chico. This has included monitoring of State-funded HOME rental projects, CDBGfunded public facilities, and CDBG-funded public services. The monitoring has involved federal labor standards compliance, organizational records, worker interviews, and on-site inspections.

City of Chico Reference: Marie Demers, (530) 879-6303, [email protected] Federal and State Labor Compliance for City of Modesto, 2021-current Housing Tools is providing labor compliance services for three different projects funded by the City of Chico. This involves labor compliance monitoring of the project for compliance with federal labor standards, including development of requirements for the bid package, review of the wage determination, review of contract documents, payroll certification review, and on-site interviews with workers.

Multi-family Affordable Housing Experience
Our firm has a core competency in affordable housing that complements our expertise in grant management. We have crafted developer RFPs for the Counties of Amador, Butte, Glenn, Lassen, Plumas, and Siskiyou. For our CDBG-DR contracts with Butte County and the City of Chico, we have completed the successful award of 10 projects and two project construction closings. We have taken on a similar role in with our NPLH technical assistance to rural northern California counties, where we are laying the groundwork for the development of permanent supportive housing. This work has resulted in groundbreaking for Siskiyou County’s first permanent supportive housing project earlier this year.

Principal James Coles began his career in affordable housing development, and has been actively involved in development for more than 21 years as a developer, brokering deals as a Housing Manager at the City of Chico, and as a consultant to government agencies and 101
City of Yreka On-Call Planning and Environmental Consulting Services RFP 9 developers. Sherry Morgado and Jamie McLeod have also been engaged in similar work throughout their careers. Project Manager Tam Le has provided affordable housing assistance to developers throughout her nine years with Housing Tools, which has included coordination of funding applications, closing financing, and tax credit placed in service packages. Housing Tools has secured approximately $466 million in funding, and has assisted in closing approximately $357 million in financing.

As Assistant Director of Housing Development with the New Mexico Mortgage Finance Agency (MFA), Consultant Tanya Birks developed financial plans and implemented strategies to secure the development and acquisition of affordable housing with tax credits. She also facilitated partnerships with affordable housing developers. Our team will benefit from her experience administering a statewide housing finance agency and tax credit allocations.

Staff Experience
James Coles, Principal, has more than 21 years of experience in affordable housing development and community development at the government and nonprofit levels. He has assisted in delivering more than 1,000 affordable housing units. As Housing Manager for the City of Chico, James administered CDBG, HOME and Redevelopment Agency funds, including planning, budgeting, program implementation, and reporting. As a consultant, James has assisted government agencies in managing programs and projects funded by CDBG and HOME.

James is currently overseeing CDBG-DR administration contracts with Shasta County, Butte County, the City of Chico, and the City of Gridley.

Sherry Morgado, Community Development Manager, has over 26 years of combined experience in community development, housing, and public health at the City and County level, where she has served as the Director of Housing and Neighborhood Services for the City of Chico, and Assistant Director for the Butte County Public Health Department. During her 10 years working for the City of Modesto and the City of Chico, she oversaw CDBG and HOME programs. With Housing Tools, Sherry has assisted a number of jurisdictions to administer CDBG and HOME funds, including Monterey County, Salinas, Chico, Corning, and Biggs. She has also assisted a number of CoCs with funding applications, PIT counts, and reporting, including NorCal and Butte County CoCs.

Jamie McLeod, Housing Development Senior Project Manager, joined Housing Tools in September of last year. Jamie currently provides day-to-day project management of eight CDBG-DR loans for Butte County, including application review, underwriting, submissions to HCD via the eCivis portal, drafting and reviewing loan documents, loan closings, labor compliance monitoring, and other construction period monitoring tasks. Prior to joining Housing Tools, Jamie spent over 20 years in real estate, economic development, redevelopment and affordable housing. While employed at the Sacramento Housing and Redevelopment Agency, Jamie was the HOME Administrator for the City and County of Sacramento who had an annual entitlement of approximately $7 million dollars combined. At the City of Woodland, he 102
City of Yreka On-Call Planning and Environmental Consulting Services RFP 10 was responsible for the management of CDBG, HOME, CalHome, and various other State and Federal funding sources.

Michelle Anderson Shelby, Labor Compliance Specialist, conducts labor compliance monitoring for Housing Tools on projects with federal and state labor requirements. She is responsible for preparing bid package attachments, reviewing contracts, facilitating pre-construction meetings, reviewing payroll certifications, conducting on-site worker interviews, and preparing reports.

Michelle has provided these services on DR-MHP funded projects administered by Housing Tools. Prior to joining Housing Tools, Michelle supported project audits and reporting for the California Office of Statewide Health Planning & Development for eight years. Michelle is a United States Army veteran as a specialist in information and technology.

Tam Le, Housing Development Project Manager, has over seven years in project management experience in the affordable housing development and solar industries. As Project Manager for Housing Tools, Tam Le has managed successful escrow closings and coordinated over 40 tax credit, tax-exempt bond, and State HCD funding applications.

Cassie Miracle, Community Development Project Manager, has over 10 years of experience in case management, policy research, and community outreach at the nonprofit and local government level. As a freelance consultant she has directed outreach and case management teams to identify housing options for those displaced by the Camp Fire in Butte County who were temporarily housed at the Red Cross Shelter.

Jessica Candela, Community Development Project Manager, has held Project Specialist/Coordinator roles with Housing Tools, Butte County Office of Education, and Migrant Clinicians Network, a national public health non-profit. She brings expertise in project management, community engagement, and program development.

5. Current Clients
Siskiyou County
Shasta County
Del Norte County
Lassen County
Plumas County CDC
NorCal CoC
Tehama County CoC
City of Corning
Glenn County
City of Willows
City of Orland
Butte County
Butte County CoC
103
City of Yreka On-Call Planning and Environmental Consulting Services RFP 11 City of Chico
City of Biggs
Amador County
City of Grass Valley
Affordable Housing Development Corporation
Burbank Housing
Allied Housing
East Bay Asian Local Development Corporation
Eden Housing
Visionary Homebuilders

6. Billing Structure
Cost Rate
Principal $130/hour
Community Development Manager $130/hour
Senior Project Manager $120/hour
Project Managers $100/hour
Labor Compliance Specialist $100/hour
Administrative $80/hour
Travel Reimbursement $0.585/mile
Printing and Media Reimbursement 100% of cost

7. Statement of Proposed Modification
We have reviewed the standard agreement in Exhibit A of the RFP and would propose one modification:

Housing Tools does not carry Professional Liability insurance and has not been required to do so for any of its government contracts. This type of insurance is not relevant to our policy consulting services. It is more relevant to design and engineering services. 104
City of Yreka On-Call Planning and Environmental Consulting Services RFP 12

8. Insurance
Consultant maintains liability insurance that covers the firm’s employees in executing its normal business activities. The amount of coverage is $1 million per occurrence and $2 million in aggregate. Consultant also maintains auto insurance at $1 million per occurrence and workers compensation insurance at $1 million per occurrence. Consultant may provide City with an insurance certificate naming the Client as Additional Insured at Client’s request.

9. References
Sarah Collard, PhD., Director
Siskiyou County Health and Human Services Agency
(541) 890-0034, [email protected]
818 South Main Street
Yreka, CA 96097
• 10-Year Plan to End Homelessness (2019)
• NPLH Housing Site Feasibility Study, Development Sponsor RFQ, TA (2019-2021) • PLHA Five-Year Plan and Application (2020)
• Coordinated Entry and HMIS Technical Assistance (2020-2021) Marie Demers, Housing Manager
Housing Division, City of Chico
(530) 879-6303, [email protected]
P.O. Box 3420
Chico, CA 95927
• CDBG-DR MHP Administration Contract (2021-2026)
• CDBG and HOME Monitoring (2012-2021)
• Housing Portfolio Compliance Reporting (2012-2021)
• 2015-2019 and 2020-2024 HUD Consolidated Plans
• 2014-2021 and 2022-2030 Housing Element Updates
Christine Zoppi, Director
Glenn County Health and Human Services
(530) 934-1414, [email protected]
420 East Laurel Street
Willows, CA 95988
• Housing Needs Study (2018, 2020)
• 10-Year Plan to End Homelessness (2019)
• NPLH Site Feasibility Study, Development Sponsor RFQ, TA (2019-2021) • Glenn County, City of Orland, City of Willows PLHA Five-Year Plan and Application (2020) 105
City of Yreka On-Call Planning and Environmental Consulting Services RFP Attachment A Attachment A
Resumes
106

JAMES COLES
Principal at Housing Tools
[email protected]

EXPERIENCE
As a consultant for government and nonprofit agencies, James offers practical expertise gained as an affordable housing developer and a municipal manager. He has extensive experience in developing, funding, implementing, and managing housing and community development programs and projects. This has included initiatives to end homelessness, housing trust funds, HOME and CDBG programs, self-help and first-time homebuyer efforts, home rehabilitation programs, rental assistance, community facilities, and rental projects. Successful program implementation is rooted in planning processes that are highly collaborative, leverage local strengths, and address community needs. By taking this approach, James has directed the completion of a variety of successful planning efforts, including housing element updates, HUD consolidated plans, homelessness plans, Continuum of Care policy development, and strategic housing plans. His knowledge of the nuts and bolts of affordable housing development informs his government planning and policy work in a way that produces results.

Prior to founding Housing Tools, James worked as a Project Manager and Development Director for Resources for Community Development (RCD) from 2000 to 2007. At RCD, he managed the production of multiple affordable housing projects from site feasibility and financial structuring to lease-up and transition to operations. James also held a position as the Housing Manager for the City of Chico from 2007 to 2014. In this role, he managed a wide range of housing and community development programs.

PROJECT EXPERIENCE HIGHLIGHTS
• City of Chico 2014-2022 Housing Element Update
• City of Chico 2015-2019 and 2020-2024 HUD Consolidated Plans and Analyses of Impediments to Fair Housing Choice
• City of Lincoln Affordable Housing Strategic Plan (2020) • City of Elk Grove RHNA Sites Analysis (2020)
• No Place Like Home Site Feasibility Studies for Amador, Del Norte, Glenn, Lassen, Siskiyou, Plumas, and Sierra Counties (2019-2020)
• Tehama County 10-Year Plan to Address Homelessness (2018) • Butte County 10-Year Strategy to End Homelessness (2014) • Founder and Director of the North Valley Housing Trust (2012-2017) CAREER
Housing Tools Owner and Principal 2012-present
City of Chico Housing Manager 2007-2012
RCD Project Manager 2000-2007

EDUCATION
Master of Urban Planning, College of Urban Planning and Policy, University of Illinois at Chicago (1998-2000) Bachelor of Arts in Urban Planning, University of Utah (1994-1997) 107

SHERRY MORGADO
Community Development Manager at Housing Tools
[email protected]

EXPERIENCE
Sherry has over 25 years of combined experience in community development, housing and public health at the City and County level, where she has served as the Director of Housing and Neighborhood Services for the City of Chico, Assistant Director for the Butte County Public Health Department, and Senior Community Development Specialist for the City of Modesto. During her tenures with the City of Modesto and the City of Chico, she managed all aspects of the CDBG and HOME entitlement programs, which encompassed strategic planning through Consolidated and Annual Plans, establishing budgets, setting up contracts, implementing programs and projects, administration and adherence to federal requirements such as NEPA and federal labor standards, and reporting to HUD. At the City of Chico, she directly oversaw the use of Redevelopment Agency’s Low-and Moderate-Income Housing funds, which averaged $6 million annually, and facilitated the development of over 500 units of affordable housing. As a consultant over the past two years, Sherry has assisted local governments with HOME and CDBG compliance, documentation, and monitoring.

In her most recent experience with Housing Tools, Sherry has worked with numerous counties on housing needs studies, plans to address homelessness, and has led community education sessions on the need for affordable housing and homeless services. She specializes in community engagement, and is known to our clients as an effective listener and facilitator. She brings a vast knowledge of housing and community development resources, an understanding of community dynamics, and sensitivity to the challenges inherent in developing affordable housing to each interaction with policy/decision makers, stakeholders and community members.

PROJECT EXPERIENCE HIGHLIGHTS
• City of Chico 2009-2014 Housing Element Update
• City of Chico 2020-2024 HUD Consolidated Plan and Analysis of Impediments to Fair Housing Choice • Housing Needs Studies for Amador, Glenn, Plumas and Sierra Counties (2018-2020) • No Place Like Home Plans to Address Homelessness for Amador, Del Norte, Glenn, Lassen, Siskiyou, Plumas, and Sierra Counties (2019-2020)
• Permanent Local Housing Allocation (PLHA) Plans and Applications for Glenn, Siskiyou and Plumas Counties (2020)
• City of Willows HOME Administrative Subcontractor for Sycamore Ridge Apartments (2020) • City of Biggs and City of Corning CDBG and HOME Grants Administrative Subcontractor (2019-2020) • Butte County Update to 10-Year Strategy to End Homelessness (2018) CAREER
Housing Tools Community Development Manager 2018-present County of Butte Assistant Director, Public Health 2016-2018 City of Chico Director, Housing & Neighborhood Services 2006-2013 City of Modesto Senior Community Development Specialist 2000-2004

EDUCATION
Bachelor of Arts, Political Science and International Relations, California State University Stanislaus (1985) 108
JAMIE McLEOD
Project Manager at Housing Tools
[email protected]

EXPERIENCE
Jamie offers practical expertise gained as a housing analyst and licensed real estate sales agent. He has extensive experience in developing, funding, implementing, and managing housing and community development programs and projects. This has included HOME and CDBG programs, Cal-HOME, BEGIN, HELP, Workforce Housing Grant Program, first-time homebuyer efforts, and inclusionary housing program implementation and management. Jamie has acted as project manager on new construction and acquisition-rehabilitation affordable housing projects. In this capacity he was the point of contact for City staff, public and private sector lenders, and other agencies addressing issues and concerns during the financing and construction phases of these projects. Jamie has been lead staff on the preparation of RFPs and RFQs for affordable housing projects and developers. This included developing the scope of work, writing and distribution of the RFP, review of applications, and award. Jamie has been responsible for writing documents required by various grant programs. This includes the HUD Consolidated Plan, HUD Action Plan, CAPER, and Analysis of Impediments to Fair Housing. As primary staff for the City of Woodland’s Inclusionary Housing Program, Jamie was responsible for the implementation of the program, qualification of eligible families, homebuyer education orientations, homebuyer lotteries for eligible units, and City loan documents and closings. Jamie was also asked to sit on the Sutter County Citizens Advisory Committee on Homelessness. This committee analyzed various sites in the County and made a recommendation on where to place a shelter for homeless individuals.

Prior to joining Housing Tools, Jamie worked as a Licensed Real Estate Agent for Coldwell Banker Commercial from 2014-2020. In this capacity he researched and analyzed potential projects for various affordable housing developers in which to construct or rehabilitate into deed-restricted units and also researched projects located in Federal Opportunity Zones. Jamie also served as a RedevelopmentHousing Analyst at the City of Woodland from 2005-2011. In this role he managed the affordable housing programs and projects for the City including the sale of 80 Inclusionary Housing units and the construction of two affordable housing rental projects.

PROJECT EXPERIENCE HIGHLIGHTS
• City of Woodland Inclusionary Housing Loan Program (2005-2011) • City of Woodland 2005-2010 HUD Consolidated Plans and Analyses of Impediments to Fair Housing Choice
• City of Woodland Terracina Springlake Project (2007)
• City of Woodland Rochdale Grange Project (2011)
CAREER
Housing Tools Project Manager 2020-present
CBC Sales Agent 2014-2020
City of Woodland Redevelopment/Housing Analyst 2005-2011

EDUCATION
Real Estate Salesperson License, 2014
Certified Economic Development Financing Professional, National Development Council, 2007 Bachelor of Science in Business Administration, California State University Chico, 1994 109
TAM LE
Project Manager at Housing Tools
[email protected]

EXPERIENCE
Tam has over seven years in Project Management and Coordination experience in the Affordable Housing Development and Solar Industries. As Project Manager for Housing Tools, Tam Le has managed successful escrow closings and worked on or project managed over 40+ TCAC Tax Credit, CDLAC Bond Allocation, and State HCD funding applications. With these projects, Tam worked seamlessly with financial institutions and government agencies such as US Bank, JP Morgan Chase, CalHFA, HCD, and local governments. Additionally, she has collaborated with non-profit affordable housing development clients and construction contractors to produce various construction, planning, and due diligence documents. Tam Le has the technical skills necessary to coordinate timelines and budgets using project management tools, and the leadership skills to diplomatically spear-head weekly conference calls.

Previous to working at Housing Tools, Tam honed her skills as a project coordinator in the Solar Sales and Solar Commercial Project Management fields. Tam has over 10 years of non-profit experience. She’s held leadership positions with various non-profits in the fields of adult daycare, adults with disabilities, elementary/ high Schools. Additionally, Tam has managed a department with 20+ staff members for a Chico non-profit.

PROJECT EXPERIENCE HIGHLIGHTS
● Escrow Closings: Burbank Housing’s Gravenstein Apartments, Eden Housing’s Vista Terrace and Coronado Terrace Apartments with development budgets ranging $20 million to $100 million. (2017, 2019)
● Tax Credit, CDLAC - 4%, 9% Competitive and Non-Competitive - 40+ with Development Budgets ranging from $12 million to $115 million. (2015- Present) ● HCD- IIG (Small and Large Jurisdictions), TOD, VHHP, MHP Applications (Spring 2020) ● Closing Deal Book, Place-In-Service Applications, non-profit formation, City Permit Applications, Solar Applications (for Chico Electric), Parking Surveys, Welfare Exemption applications

CAREER HIGHLIGHTS
Housing Tools Project Manager 2015-present
Chico Electric Project Coordinator in Commercial Solar 2009-2011 Work Training Center Manager of Program for Adults w. Disabilities 2000-2002

EDUCATION
B.S. in Biochemistry, Cum Laude University of Massachusetts 1996 Relevant Courses (Post College)
Rental Housing Development Finance Course from NDC Jan 2020 Various financing trainings from Housing California 2017-2019 PMP Exam Prep - Project Management Course by Joseph Phillips Oct 2020 Managerial Accounting, Financial Accounting
110

JESSICA CANDELA, MPA
Community Development Project Specialist at Housing Tools [email protected]

EXPERIENCE
Jessica has held Project Specialist/Coordinator roles with Housing Tools, Butte County Office of Education, and Migrant Clinicians Network. She brings expertise in community outreach, project management, and research and writing. Since 2020, Jessica has been on Housing Tools’ project team for the City of Willows HOME Administration for Sycamore Ridge Apartments. In this role she has assisted in preparing the project set-up binder, participating in monthly construction progress meetings, and managing files for the online project management system called Smartsheet.

Jessica has experience with community engagement, consolidated plans, grant administration, housing elements, fair housing assessments, housing needs studies, and supportive services plans, and has managed successful funding applications for Homeless Housing, Assistance, and Prevention (HHAP), Permanent Local Housing Allocation (PLHA), and Project Homekey. She is adept at logistics management, specializing in providing Zoom technical assistance to Housing Tools’ clients and facilitating virtual events and meetings.

Recent Zoom projects include community conversations on permanent supportive housing in Amador County, a Specific Plan in the City of Salinas, a new affordable housing development in the City of Vacaville, and Housing Element development for the Cities of Chico, Biggs, Orland, Oroville, and Willows.

PROJECT EXPERIENCE HIGHLIGHTS
• City of Chico 2022-2030 Housing Element Update (2020-present) • City of Chico 2020-2024 HUD Consolidated Plan and Analysis of Impediments to Fair Housing Choice (2020)
• City of Biggs 2022-2030 Housing Element Update (2021-present) • City of Orland 2021-2029 Housing Element Update (2021-present) • City of Oroville 2022-2030 Housing Element Update (2021-present) • City of Salinas Project Homekey Application (2020)
• City of Willows 2021-2029 Housing Element Update (2020-present) • City of Willows HOME Administrative Subcontractor for Sycamore Ridge Apartments (2020-present) • No Place Like Home Technical Assistance for Amador, Glenn, and Siskiyou Counties (2020-present) • Permanent Local Housing Allocation Plans and Applications for Glenn, Sierra, Siskiyou, and Plumas Counties (2020-2021)

CAREER HIGHLIGHTS
Housing Tools Community Development Project Specialist 2020-present Migrant Clinicians Network Project Coordinator, Development & Outreach 2019-2020 Butte County Office of Education Project Coordinator 2017

EDUCATION
Master of Public Administration: Health Administration, California State University, Chico (2019) Bachelor of Arts, Political Science and Multicultural & Gender Studies, California State University, Chico (2017)
111

CASSIE MIRACLE
Community Development Project Specialist at Housing Tools [email protected]

EXPERIENCE
Cassie has over 10 years of combined experience in case management and public health at the nonprofit and County level, where she has served as a Health Educator, Case Manager, and Program Coordinator for Butte County Public Health Department, Butte County Continuum of Care, Caminar, and We Care a Lot Foundation.

During her tenure with the Butte County Public Health, she led several department programs which required outreach and case management to individuals experiencing homelessness, including the County’s HIV, Hepatitis C and STD programs. As a freelance consultant she has directed outreach and case management teams to identify housing options for those displaced by the Camp Fire in Butte County who were temporarily housed at the Red Cross Shelter. Since joining Housing Tools in early 2019, she has worked with a number of rural northern California counties on stakeholder engagement and strategic planning to address homelessness, and data analysis through primary data sources and surveys to help communities understand the scope and needs of those experiencing homelessness. In her most recent experience with Housing Tools, Cassie has worked with numerous counties on housing needs studies, plans to address homelessness, and has supported community education sessions on the need for affordable housing and homeless services.

Cassie specializes in data and is known for creating graphicly appealing substantive reports. She brings a skillset in relationship-building with policy makers, stakeholders and community members, a deep understanding of barriers and strengths rural communities experience in addressing housing and homelessness related issues, and innovative community engagement strategies that meet the unique needs of each community.

PROJECT EXPERIENCE HIGHLIGHTS
• City of Chico 2020-2024 HUD Consolidated Plan
• Housing Needs Studies for Amador, Glenn, Plumas and Sierra Counties (2019-2020) • No Place Like Home Plans to Address Homelessness for Amador, Del Norte, Glenn, Lassen, Siskiyou, Plumas, and Sierra Counties (2019-2020)
• Butte County CoC Longitudinal Assessment (2020-2021)
CAREER
Housing Tools Community Development Project Specialist 2019-present Freelance Consultant Project Manager 2018-2019
County of Butte Senior Health Educator, Public Health 2014-2018 We Care a Lot Foundation Program Coordinator 2012-2014
Caminar Case Manager 2010-2012

EDUCATION
Bachelor of Science, Health Science, California State University Chico (2012) 112

SAREENA RAI, MSULD
Community Development Planner at Housing Tools
[email protected]

EXPERIENCE
Sareena has a background as a Project Manager and Transportation Planner for nonprofit agencies with extensive experience working with underrepresented communities to identify physical, cultural, and financial barriers in access to resources and to develop community-identified solutions. Her expertise is in planning, project management, and program development. In her free time, she enjoys hiking, weightlifting, and traveling with her dog, Charlie Brown. She holds a Master’s of Science in Urban Land Development degree from Sacramento State University.

Sareena’s work in the field of inclusive, equitable development and social justice initiatives is what drew her to the Community Development Planner position. Her experience involves initiating and developing programs to encourage community engagement, workforce development, and accessibility to resources necessary for communities to thrive. This has involved facilitating interorganizational partnerships and collaboration between nonprofit and government agencies, identifying and securing diverse funding sources, building community relationships, and developing innovative solutions. She developed and managed a zero-emission, community-based microtransit program for an underserved community in Sacramento and worked on the planning, permitting, and development of Sacramento’s first mobility hub.

PROJECT EXPERIENCE HIGHLIGHTS
• Green Tech Mobility hub Microtransit Program Development (2020-2021) • Del Paso Heights Transportation Needs Study and Transportation options (2019-2021) • Awarded Clean Mobility Transportation Needs Assessment Voucher for the Sacramento Public Library (2019)
• Awarded Clean Mobility Transportation Needs Assessment Voucher for the Community Resource Project (2019)
• Awarded SMUD Shine Grant for EV charging infrastructure (2020)

CAREER HIGHLIGTS
Housing Tools Community Development Planner 2021-present Project Manager, Green Technical Education and Employment 2020-2021 Community Development and Transportation Planner, Aura Planning 2020

EDUCATION
Master’s of Science in Urban Land Development, Sacramento State University (2021) Bachelor of Arts in Psychology, University of California, Davis (2017) 113

AGREEMENT FOR PROFESSIONAL PLANNING SERVICES
Housing Tools
On-Call Planning and Environmental Services

1. PARTIES:

The parties to this contract are the City of Yreka, a municipal corporation of the State of California (the City) and Housing Tools (the Planning Consultant).

This AGREEMENT is made and entered into on this ___ day of _____ 2022.

2. SCOPE OF SERVICES:
(a) The on-call planning and environmental services to be provided by Planning Consultant are described in Exhibit “A” which is made a part of this Agreement as if it were fully set forth at length here at.
(b) Planning Consultant represents and warrants that all Planning Consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in paragraph (a).
(c) Planning Consultant shall furnish all equipment, supplies, and facilities necessary and convenient to perform properly the services required herein. Without limitation, Planning Consultant shall supply any needed computer equipment.
(d) Work Assignments. Upon presentation of a request for an estimate to perform work, Planning Professional shall provide a proposal that includes a good faith estimate of the scope, charges, and schedule for the assignment. Work shall be undertaken only as specifically authorized in writing by the City. City shall be afforded the opportunity to revise project budget, scope, or make other changes City desires before charges for work have exceeded the original cost estimate and authorization. Planning Consultant retains the right to reject specific assignments and rejection of an assignment does not terminate this Agreement. (e) Litigation Support. Planning Consultant shall receive compensation for preparing for and/or appearing in any litigation at the request of CITY, except: (1) if such litigation costs are incurred by the Planning Consultant in defending its work or services or those of any of its subconsultants; or (2) as may be required by the indemnification requirements of the Planning Consultant. Compensation for litigation services requested by the CITY shall be paid at a mutually agreed upon rate and/or at a reasonable rate for such services.

3. PAYMENT:
(a) Payment for services. The City shall pay for services performed in accordance with this contract according to the payment and fee schedule contained in Exhibit B.

Attachment 2. Professional Services Agreement - Housing Tools 114
No contract price changes shall be made during the term of this Agreement without City’s prior written approval. Any additional services requested in writing that is not listed or covered in this Agreement will be extra work, less any amounts deemed to be a setoff and shall be payable at either a negotiated fixed fee or, if time and materials, at the established rates and expenses.

The amount of the request for payment which is approved by City shall be paid to the Planning Consultant, less the amount of all previous payments and less all valid setoffs.

Valid setoffs shall include:
i. The cost to correct defective services which has not been remedied by the Planning Consultant; or
ii. Claims against the Planning Consultant or any of its subcontractors for services or materials furnished; and or
iii. Failure of Planning Professional to make proper payments to any subcontractors, employees, suppliers or materials; and or
iv. Costs resulting from default by Planning Consultant on any other term or condition of this Contract.

City reserves the right to withhold final payment to the extent that:
i. There are defective services not remedied by the Planning Consultant; or ii. There are claims against the Planning Consultant or any of its subcontractors for labor or materials furnished; or
iii. The Planning Professional has not made proper payments to subcontractors, employees or materialmen; or
iv. The Planning Professional has defaulted on any other term or condition of this Agreement.

The acceptance by the Planning Consultant of the final payment shall constitute a waiver of all claims by the Planning Consultant except those previously made in writing and still unsettled.

No services shall be performed by Planning Consultant in excess of the total contract price without City’s prior written approval.

Planning Consultant shall maintain accounting records including the following information:
names and titles of employees or agents, types of services performed, and times and dates of all services performed in connection with this Agreement which is billed on an hourly basis.

Planning Consultant shall maintain complete and accurate records with respect to the cost, expenses and receipts and other information required by City for any services provided where 115
compensation is on the basis of hourly rates, subcontractor costs or other direct costs. Planning Consultant shall maintain accurate records on services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

Planning Consultant shall not perform, nor be compensated for, extra work without City’s prior written approval and authorization.
(b) Reimbursement of expenses. Planning Consultant will be reimbursed for actual, reasonable and necessary expenses incurred in the performance of services in accordance with the fee schedule included in Exhibit B. Under no circumstances shall Planning Consultant charge City for Planning Consultant's normal overhead such as the preparation of Planning Professional’s and subcontractor’s invoices for services performed pursuant to this Agreement. The hourly compensation provided for in this Agreement shall include all overhead, markups and personal transportation costs.
(c) Maximum payment. The maximum payment under this contract for services incurred outside of an approved specific project scope and, if authorized, reimbursement of expenses, shall not exceed Ten Thousand and no cents ($10,000.00) payable in dollars of the United States of America in one fiscal year. The fiscal year begins July 1 and ends June 30. (d) Invoices. Planning Consultant shall submit monthly itemized billings to City’s Administrator, allocated by Project and/or Task Area according to Exhibit A, Scope of Services and in a form acceptable to City, as well as any documentary evidence required by City. City’s Administrator shall review the invoice for accuracy. City shall pay to Planning Consultant all charges determined to be accurate by City’s Administrator in the regular course of business. Payments are subject to a final audit upon completion of services or other termination of this contract.

Planning Consultant shall submit monthly invoices to City describing the services performed during the preceding month and charged in accordance with the hourly rates set out in Exhibit “B” attached hereto and incorporated herein by this reference. The Planning Consultant shall provide separate invoices for each specific project and grant task at the request of the Administrator. All invoices shall be itemized, and state that such services were performed and were necessarily incurred. The itemized statement shall specifically set forth compensation and expenses by assigned task, the total compensation and expenses for each task billed as of the date of the statement, and the total billing for all compensation and expenses from contract inception to the date of the statement. City reserves the right to require substantiation of any item of claimed expense.

Overly generalized listing of task descriptions are not acceptable, rather, Planning Consultant shall provide a detailed description which will provide a meaningful record to an independent auditor reviewing task description. Any work product or memoranda or other written material 116
described in the entries shall be produced for City as requested.

Billings under this agreement shall not be provided in more than six-minute increments and shall represent the devotion of a full six minutes before such an increment is billed. Under no circumstances shall Planning Consultant use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. Instead, Planning Consultant shall provide a fully detailed specific entry for each separate task and subtask reflecting the time for such task or subtask.

The City shall act to approve or deny each invoice submitted by Planning Consultant within thirty days from receipt of the invoice. Payment shall be mailed to Planning Consultant within fourteen days of City’s approval.
(e) Audit of Records. Planning Consultant shall maintain complete and accurate records of all payrolls, expenditures, disbursements and other cost items charged to the City or establishing the basis for an invoice. All such records shall be clearly identifiable. Planning Consultant shall allow City Administrator to inspect, examine, copy and audit such records during regular business hours upon 24 hours notice.

In addition to the accounting records, Planning Consultant shall allow City the right to examine and audit all records, and to make transcripts thereof as necessary, allow inspections of all work, data, documents, proceedings and activities relating to this Agreement. Such records, together with supporting documents shall be maintained for a period of three (3) years after receipt of final payment or for so long as required by any grant funding this agreement.

4. TIME FOR PERFORMANCE:
(a) Planning Consultant will perform the services according to a scope agreed to by both parties.

Performance under this Agreement shall commence immediately upon City’s issuance of a Notice to Proceed and shall continue for a period of five (5) years with the option to extend the contract for two (2) years. Planning Consultant shall perform diligently and continuously to complete all services set forth in the Scope of Services. In the event that Planning Consultant fails to strictly adhere to the times for performance as hereinafter provided, City may in its sole and absolute discretion terminate this Agreement.

If additional funding is not authorized to pay for professional services beyond those services authorized by the Notice to Proceed in this Agreement, City and Planning Consultant shall negotiate modifications to the schedule to accommodate the availability of funds. If the schedule calls for the services to be performed in phases or discrete increments, Planning Consultant shall not proceed from one phase or increment to the next without written authorization from the Contract Administrator. Unless there are subsequent modifications to the schedule, the Planning Consultant will complete all services by as shown on the schedule. In the event of a dispute between the parties concerning the interpretation of this Agreement, Planning Consultant shall not be excused from any scheduled completion date provided for by 117
this Agreement, but shall diligently proceed with all Services to be performed. No Services shall be delayed or postponed by Planning Consultant, pending resolution of any disputes with the City unless otherwise agreed to by both parties in writing.

Planning Professional shall submit all requests for extensions of time for performance in writing to the Contract Administrator no later than ten calendar days after the start of the condition allegedly causing the delay, and not later than the date on which performance is due.

Contract Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond the control of the Planning Consultant.

For all time periods not specifically set forth in this Agreement, the Planning Consultant shall respond in the most expedient and appropriate manner under the circumstances, including but not limited to telephone, fax, hand delivery, email, or mail. (b) Extension of time for unforeseen circumstances. In the event that the Planning Consultant is unable to meet the completion date or schedule of services, if any, due to circumstances beyond Planning Consultant’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, except strikes, lockouts, or work slowdown or stoppage of Planning Consultant’s employees or subcontractors, acts of god, such as floods or earthquakes, and electrical blackouts or brownouts, Planning Consultant shall inform the Contract Administrator of the additional time required to perform the work and the Contract Administrator may adjust the schedule.

5. STANDARD OF PERFORMANCE:
(a) All services shall be performed by Planning Consultant and each of its employees in accordance all applicable legal requirements and shall meet and conform with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of Planning Consultant's profession currently practicing design and construction management services in California. By delivery of completed work, Planning Consultant certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws, specific funding program requirements, and the professional standard of care in California.

City has relied upon the professional training and ability of Planning Consultant to perform the services and Scope of Services hereunder as a material inducement to enter into this Agreement.

Planning Consultant shall therefore provide properly skilled professional and technical personnel to perform all services required by it to be performed under this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Planning Consultant to perform Services pursuant to this Agreement, Planning Consultant shall remove any such person immediately upon receiving written notice from City of its desire for removal of such person or persons. 118
All compensation payable to Planning Consultant hereunder shall be paid by City. Planning Consultant acknowledges and recognizes that Services under this Agreement have its source from tax dollars from tax payers of the State of California and that, given this fact, a heightened duty of care exists in Planning Consultant to ensure that Planning Consultant scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of and completing the pursuant to this Agreement
(b) Planning Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by the City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by the City.
(c) Planning Consultant's responsibilities under this section are shall not be delegated. Planning Consultant shall be responsible to the City for acts, errors, or omissions of Planning Consultant's subcontractors.
(d) Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by the City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this contract and determining whether the Planning Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not does not relieve the Planning Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Planning Consultant.

6. INDEPENDENT CONTRACTOR:

Planning Consultant is an independent contractor. Neither Planning Consultant nor any of Planning Consultant's officers, employees, agents, or subcontractors, if any, is an employee of the City by virtue of this contract or performance of any work under this contract. Planning Consultant is not a designated employee within the meaning of the Political Reform Act because Planning Consultant:
i. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendations, or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation, or counsel.
ii. Does not make or participate in the making of any governmental decisions regarding approval of a rate, rule, or regulation, the adoption or enforcement of laws; 119
iii. Does not make or participate in the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
iv. Does not make or participate in authorizing the City to enter into, modify, or renew a contract;
v. Does not make or participate in granting City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; vi. does not make or participate in granting City approval to a plan, design, report, study, or similar item;
vii. Does not make or participate in adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof. viii. Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.

In the event the City officially determines that Planning Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Planning Consultant shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.

7. SUCCESSOR AND ASSIGNS:

Planning Consultant shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties, or obligations under this contract without the express written consent of the City in each instance.

All representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Planning Consultant’s duties be delegated, without the express written consent of the City. Any attempt to assign or delegate this Agreement without the express written consent of City shall be void and of no force or effect. Consent by City to one assignment shall not be deemed to be consent to any subsequent assignment.

8. SUBCONTRACTORS:
(a) City and Planning Consultant recognize and acknowledge that Planning Consultant is hereunder employed in a position where Planning Consultant will be rendering services of a special, unique, unusual and extraordinary character requiring extraordinary ingenuity and effort by 120
Planning Consultant. The parties hereto recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience, and competence of Planning Consultant. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of Planning Consultant’s duties be delegated, without the express written consent of City. Any attempt to assign or delegate this Agreement without the express written consent of City shall be void and of no force or effect. Consent by City to one assignment shall not be deemed to be consent to any subsequent assignment. Planning Consultant shall provide qualifications of assignees for review by City, which will not unreasonably withhold consent.

Planning Consultant shall not subcontract any portion of the work to be performed without the prior written authorization of City. If City consents to said subcontract, Planning Consultant shall be fully responsible to City for all acts or omissions of subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
(b) When subcontracting of Services is permitted, Planning Consultant shall pay subcontractor within 45 days of receipt of payment by City for work performed by a subcontractor and billed by the Planning Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Planning Consultant to use subcontractors for performance of any service under this contract.
(c) The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City.

9. PLANNING CONSULTANT'S EMPLOYEES:
(a) The key personnel to perform the services shall be assigned at the beginning of the project and shall remain assigned through completion of the services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to City approval.
(b) Immigration Reform and Control Act of 1986. Planning Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Planning Consultant’s officers, employees, agents and subcontractors that are included in this contract.
(c) Limitation of City Liability. The payment made to Planning Consultant pursuant to this contract shall be the full and complete compensation to which Planning Consultant and Planning Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this contract. Neither Planning Consultant nor Planning Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Planning Consultant. The City shall not be required to pay any 121
workers' compensation insurance on behalf of Planning Consultant. (d) Indemnification for Employee Payments. Planning Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which the City may be required to make on behalf of Planning Consultant or any employee of Planning Consultant, or any employee of Planning Consultant construed to be an employee of the City, for work done under this contract. This is a continuing obligation that survives the termination of this contract.

10. FAIR EMPLOYMENT PRACTICES:
(a) Civil Rights Act. Planning Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.
(b) Indemnification for Employee Behavior. To the fullest extent permitted by law and without limitation by the provisions of Section 19 relating to insurance, the Planning Consultant shall also indemnify, defend and hold harmless the City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Planning Consultant or any of the Planning Consultant's officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of the Planning Consultant or its subcontractors, the Planning Consultant shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

11. WORKPLACE CONDUCT AND BEHAVIOR:

Planning Consultant and Planning Consultant’s officers, employees, agents and subcontractors shall comply with a Substance-free Work Place Policy, and other rules and regulations governing work place safety, conduct, and behavior, for any portion of the work performed on the premises of the City or using City facilities or equipment.

12. OWNERSHIP OF WORK PRODUCT:

Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of the City. Planning Consultant agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of 122
the work product is limited to the purposes contemplated by the scope of work and that the Planning Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. In return for Planning Consultant’s relinquishment of ownership, CITY agrees to waive any claim against Planning Consultant and indemnify and hold Planning Consultant harmless from any claim or liability for injury or loss arising from unauthorized re-use of Planning Consultant’s instruments of service by CITY.

13. DELIVERABLES:

All printed and digital material, if any, required to be submitted by Planning Consultant as a draft or final deliverable and produced using computer software shall include, as part of that deliverable, copies of all pertinent computer files on flash drive or online dropbox software. Computer files shall use MS Word© for documents, and MS Excel© for spreadsheets and estimates, ESRI products for mapping projects, and AutoCAD © .dwg for drawing files. At the conclusion of the project, electronic copies of final (or as-built) plans and specifications shall be provided on a flash drive in native and Adobe Acrobat .pdf formats for the City’s permanent records.

14. CHANGES IN WORK:

No payment for changed or additional work shall be made unless the changed or additional work has first been approved in writing by the Contract Administrator and the parties have agreed upon the appropriate adjustment, if any, to the payment schedule and maximum payment amount for the changed or additional work. The Contract Administrator may order changes or additions to the scope of work. Whether a change or addition to the scope of work is proposed by the Planning Consultant or ordered by the Contract Administrator, the parties shall in good faith negotiate an appropriate adjustment, if any, to the payment schedule and maximum payment for the changed or additional work. An approved change or addition, along with the payment adjustment, if any, will be effective upon an amendment to this contract executed by both parties. The amendment shall not render ineffective or invalidate unaffected portions of this contract.

Planning Consultant shall treat all records and work product prepared or maintained by Planning Consultant in the performance of this contract as confidential. (b) Limitation on use and disclosure. Planning Consultant agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Planning Consultant's scope of work. Planning Consultant will not disclose any information prepared for the City, or obtained from the City or obtained as a consequence of the performance of work to any person other than the City, or its own employees, agents or subcontractors who have a need for the information for the performance of work under this contract unless such disclosure is specifically authorized in writing by the City. (c) Security plan. If requested by the Contract Administrator, Planning Consultant shall prepare a security plan to assure that information obtained from the City or as a consequence of the 123
performance of work is not used for any unauthorized purpose or disclosed to unauthorized persons. Planning Consultant shall advise the City of any request for disclosure of information or of any actual or potential disclosure of information. (d) Survival. Planning Consultant’s obligations under this paragraph shall survive the termination of this contract.

16. PROHIBITED INTEREST:

No official or employee of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving this contract, shall become directly or indirectly interested in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof Planning Consultant agrees that its firm has not employed or retained any company or person, other than a bona fide employee working for Planning Consultant, to solicit or secure this contract, and that Planning Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this contract. For breach or violation of this provision, the City shall have the right to terminate this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.

17. CONFLICT OF INTEREST:

Planning Consultant shall not make or participate in making or in any way attempt to use Planning Consultant's position to influence a governmental decision in which Planning Consultant knows or has reason to know Planning Consultant has a direct or indirect financial interest other than the compensation promised by this contract. Planning Consultant will not have such interest during the term of this contract. Planning Consultant will immediately advise the City’s Administrator and the City Attorney if Planning Consultant learns of a financial interest of Planning Consultant's during the term of this contract. If Planning Consultant’s participation in another City project would create an actual or potential conflict of interest, in the opinion of the City, the City may disqualify Planning Consultant from participation in such other project during the term of this Contract.

18. INDEMNIFICATION:

To the fullest extent permitted by law, whenever Planning Consultant and Planning Consultant’s Related Parties are performing services Planning Consultant shall indemnify, defend (at Planning Consultant’s sole cost and expense and with legal counsel approved by City, which approval shall not be unreasonably withheld), protect and hold harmless City and City’s Related Parties (collectively, the “Indemnified Parties”), from and against any and all Liabilities of every kind and nature whatsoever (individually, a “Claim”; collectively, “Claims”) which may arise from or in any manner relate to (directly or indirectly), arise out of, or pertain to the negligence, recklessness, or willful misconduct of Planning Consultant’s Activities, but this indemnity does not apply to 124
liability for damages arising from the negligence, active negligence, or willful acts of the City and City’s Related Parties provided such active negligence is determined by agreement between parties or by the findings of a court of competent jurisdiction. Instances where Indemnified Parties are shown to have been actively negligent and where Indemnified Parties active negligence accounts for only a percentage of the liability involved, the obligation of Planning Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of Indemnified Parties. Planning Consultant’s obligations under this section apply regardless of whether or not such Liabilities was caused in part or contributed to by Indemnified Parties.

Without limiting Planning Consultant's obligation to indemnify City upon City’s request, Planning Consultant shall indemnify, hold harmless, protect and defend with legal counsel acceptable to the City at Planning Consultant’s sole cost, City from and against all Liabilities, paid, incurred or suffered by, or asserted against City in a judicial, administrative or regulatory forum or otherwise, whether well founded or not, for regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Planning Consultant or Planning Consultant's Related Parties, any of Planning Consultant’s Activities.

Should conflict of interest principles preclude a single lawyer from representing both Planning Consultant and Indemnified Parties, or should City find Planning Consultant’s legal counsel unacceptable, then Planning Consultant shall reimburse Indemnified parties for their costs of defense, including without limitation, reasonable and necessary attorney’s fees, expert fees and all other costs and fees of litigation. Planning Consultant shall promptly pay any final judgment rendered against Indemnified Parties covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

For purposes of defense and indemnification relating to this Agreement:
i. “Liabilities” means liabilities, lawsuits, claims, judgments, demands, clean-up orders, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs, expenses, loss, penalties and other detriments of every nature and description whatsoever, including all costs and expenses of litigation or arbitration, attorney’s fees (whether City’s or Planning Consultant's staff attorneys or outside attorneys) and court costs, whether under state or federal law except liabilities caused by the sole negligence or willful misconduct of the indemnified party. ii. “City’s Activities” means liability for death or bodily injury to persons, injury to property, or other loss arising out of actions that are the sole negligence, willful misconduct or defects in design furnished by City or arising from the active negligence of City. iii. “City and City’s Related Parties” means City and City’s elected officials, officers, volunteers, representatives, partners, designees, attorneys, employees, agents, successors and assigns, and any lender of City with an interest in the Project that is the subject of this contract.
iv. “Planning Consultant and Planning Consultant’s Related Parties” includes Planning 125
Consultant and its respective officers, directors, shareholders, members, partners, agents, employees, subcontractors, Planning Consultants, licensees, invitees, guarantors or affiliates. "Affiliates" means a person that directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the Planning Consultant, where construction or interpretation of "control" shall be governed by Rule 144 of the Securities Act of 1993. Planning Consultant shall use best efforts, or cause such persons to use best efforts, to provide City's legal counsel all reasonably necessary information relevant to such persons, including proper and legal corporate names and relationship (or lack thereof) to Planning Consultant's articles of incorporation, certificates of good standing, and other documentation related directly or indirectly to alleged liabilities. v. “Planning Consultant’s Activities” means any actions or omissions of Planning Consultant or Planning Consultant’s Related Parties in the performance of this Agreement directly or indirectly arising from Planning Consultant or Planning Consultant’s Related Parties Scope of Services and as set out in as well as any breach of representation or warranty of Planning Consultant set forth in this Agreement, including Exhibit A and Exhibit B, of which are hereby incorporated in this Agreement.

The provisions of this Section shall survive termination of this Agreement and Sections relating to insurance does not limit its provisions.

19. INSURANCE
Planning Consultant shall procure and maintain during the period of performance of this contract and for 24 months following completion, insurance from insurance companies authorized to do business in the State of California, as set forth in this section and Exhibit “C”, attached hereto and made a part of this Agreement as if it were fully set forth al length at this point. These policies shall be primary insurance as to the City so that any other coverage held by the City shall not contribute to any loss under Planning Consultant's insurance.

20. ACCIDENT REPORTS:

Planning Consultant shall immediately report (as soon as feasible, but not more than 24 hours) to the Contract Administrator and City’s Risk Administrator any accident or other occurrence causing injury to persons or property during the performance of this Contract. If required by the City’s Risk Administrator, the report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.

21. COVENANT AGAINST CONTINGENT FEES:

Planning Consultant agrees that its firm has not employed or retained any company or person, other than a bona fide employee working for Planning Consultant, to solicit or secure this contract, and that Planning Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration 126
contingent upon, or resulting from, the award or making of this contract. For breach or violation of this provision, the City shall have the right to terminate this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.

22. TERMINATION OR ABANDONMENT:

The parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, tsunamis, other "acts of God", war, civil insurrection, riots, and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sickout, picketing, or other concerted job action conducted by Planning Consultant's employees or directed at Planning Consultant is not an excuse from performance and Planning Consultant shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. In the case of labor unrest or job action directed at a third party over whom Planning Consultant has no control, the inability of Planning Consultant to provide Agreement Services due to the unwillingness or failure of the third party to provide reasonable assurance of the safety of Planning Consultant's employees while providing Agreement Services to minimize any confrontation with pickets shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on Planning Consultant's cooperation in providing Services at different times.

The party claiming excuse from performance shall, within two (2) days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this Section.

City’s Rights. The City has the right to terminate or abandon any portion or all of the work by giving 10 days written notice. Upon receipt of a notice of termination, Planning Consultant shall perform no further work except as specified in the notice. Before the date of termination, Planning Consultant shall deliver to City all work product, whether completed or not, as of the date of termination and not otherwise previously delivered. The City shall pay Planning Consultant for services performed in accordance with this contract before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by the City and Planning Consultant for the portion of work completed in conformance with this contract before the date of termination. In addition, the City will reimburse Planning Consultant for authorized expenses incurred and not previously reimbursed.

The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

In addition to any and all other legal or equitable remedies, in the event that Planning Consultant, for any reason whatsoever, fails, refuses or is unable to perform Services which it is required by the Agreement to perform, at the time and in the manner provided in this Agreement, then City shall have the right, but not the obligation, to cause to be performed such Services with other personnel. 127
The Services of Planning Consultant may be immediately terminated, without notice, at any time prior to the expiration of the term of this Agreement by:

1. The occurrence of circumstances that make it impossible and impractical for the business of City to be continued;

2. The death of the Planning Consultant or City;

3. The loss of the Planning Consultant or City of legal capacity;

4. The loss by the City or Planning Consultant of the legal capacity to contract;

5. Habitual neglect by the Planning Consultant of Planning Consultant's duties, unless waived by the City;

6. Continued incapacity on the part of the Planning Consultant to perform his/her duties, unless waived by the City;

7. If the City ceases the operation of all its operations in this area, then this Agreement shall terminate as of the effective date of the discontinuance of such operation.

Planning Consultant's Rights. Planning Consultant, if Planning Consultant is not in default or breach, may terminate Planning Consultant's obligation to provide further services under this contract upon 30 days’ written notice only in the event of a material default by the City, which default has not been cured within 30 days following the written notice.

23. SUCCESSORS OR ASSIGNS:

All terms, conditions, and provisions of this contract shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this paragraph is intended to affect the limitation on assignment.

24. DAMAGE OR LOSS OF EQUIPMENT OR FACILITIES:
(a) General Obligation. Planning Consultant shall pay to the City the replacement cost of any equipment or repair cost of any facilities provided by the City for Planning Consultant's use in performance of services that is lost or damaged by Planning Consultant or Planning Consultant's officers, employees, agents, or subcontractors. (b) Keys. During the term of the contract, Planning Consultant may be issued keys to City facilities in order to perform the scope of work. Keys shall not be loaned, duplicated, or given to anyone not authorized to have the keys. Planning Consultant will sign for each key and each key will be returned to the project Administrator when access to that area is no longer authorized, or at the end of the contract term, whichever is applicable. Should keys become lost or stolen, Planning Consultant shall immediately notify the Contract Administrator. A charge will be assessed for all expenses incurred by the City, including the replacement of locks, lock cores, keys, and other materials necessary to ensure the City security level is returned to the same level 128
existing prior to the loss of the key(s).

25. ELECTRONIC COMMUNICATIONS:

During the course of this contract, communications may occur through sending, receiving or exchanging electronic versions of documents and e-mails using commercially available computer software and Internet access. Planning Consultant and the City acknowledge that the Internet is occasionally victimized by the creation and dissemination of so-called viruses, or similar destructive electronic programs. Planning Consultant and the City view the issues raised by these viruses seriously and have invested in document and e-mail scanning software that identify and reject files containing known viruses. Planning Consultant agrees to update its system with the software vendor’s most current releases at regular intervals.

Because of the virus scanning software, the respective computer systems of the parties may occasionally reject a communication. The parties acknowledge that this occurrence is to be expected as part of the ordinary course of business. Because the virus protection industry is generally one or two steps behind new viruses, neither party can guarantee that its respective communications and documents will be virus free. Occasionally, a virus will escape and go undetected as it is passed from system to system. Although each party will use all reasonable efforts to assure that its communications are virus free, neither party warrants that its documents will be virus free. Each party agrees to advise the other if it discovers a virus in its respective system that may have been communicated to the other party.

26. LAWS AND VENUE:

The laws of the State of California govern this contract and disputes arising out of or relating to the contract or the parties’ relationship. Any action or proceeding arising out of or relating to the contract or the parties’ relationship shall be brought in a state court situated in Siskiyou County, State of California unless transferred by court order pursuant to Code of Civil Procedure Sections 394 and 395. Any action or proceeding arising out of or relating to the contract or the parties’ relationship brought in a federal court shall be in the U.S. District Court, Northern District of California. This Agreement shall be construed in accordance with the laws of the State of California.

27. ADMINISTRATION:
(a) Planning Consultant's business identification. Planning Consultant's agent for service of process is [Billing Contact Name and Address]. Planning Professional is a California corporation composed of duly California licensed professionals. Planning Consultant's California Secretary of State’s identification number is ________. Planning Consultant's Federal ID Number or Social Security Number under which payments will be reported on a W-9 before the first payment under this agreement is processed.

Planning Consultant's contact information is:

Address:
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Phone:

Fax:

Email:
(b) City’s Representative. The City’s representative for administration of this contract is Juliana Lucchesi, Planning Director or her designee, who is the designated Contract Administrator or City Representative. The City may change the Contract Administrator at any time upon notice to the Planning Consultant.
(c) Planning Consultant's Representative. The Planning Consultant's representative for administration of this contract is James Coles who is designated as the Contract Administrator.

The Planning Consultant may change the Project Administrator upon written notice to and approval by the Contract Administrator.
(d) Notices. Any notice or instrument required to be given or delivered by law or this contract shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to:

City:

City of Yreka Planning Department
Attn: Planning Director
701 4th Street,
Yreka, CA 96097
With a copy to:

Dohn R. Henion Yreka City Attorney
280 Fairway Village Ln. Roseburg, OR 97471
Planning Consultant:

Either party may change the address or identity of the person for notices under this paragraph by written notice to the other delivered in accordance with this paragraph. (e) Routine Administrative Communications. Routine administrative communication required to be in writing may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Planning Consultant and Contract Administrator. 130

28. ADVICE OF COUNSEL:

The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of the contract.

29. INDEPENDENT REVIEW:

Each party hereto declares and represents that in entering this contract it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this contract is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.

30. TIME:

Time is of the essence in this contract. Any reference to days means calendar days unless otherwise specifically stated.

31. ASSIGNMENT OF ANTI-TRUST CLAIMS:

This assignment shall become effective at the time the City tenders final payment to Planning Consultant, without further acknowledgment by the parties. The Planning Consultant shall have the rights set forth in Sections 4553 and 4554 of the Government Code.

32. TAXES:

The Planning Consultant shall pay all applicable federal, state, and local excise, sales, business license, consumer use, and other similar taxes required by law for the execution of the work.

33. SEVERABILITY.

If any provision of this Agreement is held to be unenforceable, the remaining provisions of this Agreement are severable and shall remain valid and enforceable.

34. AMENDMENTS.

This Agreement may be amended at any time only by mutual written consent of the parties.

35. WAIVER.

A waiver by any party of any breach of any term, covenant or condition herein contained or a 131
waiver of any right or remedy of such party available hereunder at law or in equity shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained or of any continued or subsequent right to the same right or remedy. No party shall be deemed to have made any such waiver unless it is in writing and signed by the party so waiving.

36. COMPLETENESS OF INSTRUMENT.

This Agreement, together with its specific references and attachments, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the parties hereto. Unless set forth herein, neither party shall be liable for any representations made express or implied.

37. SUPERSEDES PRIOR AGREEMENTS.

It is the intention of the parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, representations, or agreements, written or oral, between the parties hereto.

38. ATTORNEY’S FEES.

If any action at law or in equity, excepting an action for declaratory relief, is brought to enforce provisions of this Agreement by reason of the alleged failure of the other to perform or keep any provision or this Agreement to be performed or kept, the prevailing party in such action or proceeding (including appeal) shall be entitled to recover court costs and reasonable attorney’s fees (including reasonable value of services rendered by attorney’s employed by City) which may be set by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such party may be entitled. As used herein, the “prevailing party” means the party who dismisses an action or proceeding in exchange for payment of substantially all sums due, performance of provisions allegedly breached, or other considerations substantially equal to the relief sought by said party, as well as the party in whose favor final judgment is rendered.

39. COMPLIANCE WITH LAWS.

Planning Consultant's services hereunder shall be conducted in accordance with all the laws, ordinances, rules and regulations applicable to such business as set forth by the City, State of California, and the United States government. Planning Consultant agrees to indemnify City against any damages, expenses, or price reductions under this Agreement resulting from Planning Consultant or Planning Consultant's lower-tier subcontractors' failure to comply with the above laws and regulations.

40. COUNTERPARTS.

This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

41. OTHER DOCUMENTS.
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The parties agree that they shall cooperate in good faith to accomplish the object of this Agreement and to that end, agree to execute and deliver such other and further instruments and documents as may be necessary and convenient to the fulfillment of these purposes.

42. AUTHORITY.

All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, estates, or firms represented or purported to be represented by such entity(s), person(s), estate(s), or firm(s) and that all formal requirements necessary or required by any stated and/or federal law in order to enter into this Agreement have been fully complied with. Further, by entering into this Agreement, neither party hereto shall have breached the terms or conditions of any other contract or agreement to which such party is obligated, which such breach would have a material effect hereon.

IN WITNESS WHEREOF, the parties have executed this contract on the following date. “Planning Consultant” “City”
Housing Tools City of Yreka, A Municipal Corporation
___________________________ _______________________________ James Coles Jason Ledbetter
Owner, Housing Tools City Manager
ATTEST: ATTEST:
__________________________ ______________________________ Rhetta Hogan
City Clerk
Exhibit A: Scope of Work
Exhibit B: Fee Schedule
Exhibit C: Insurance
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EXHBIT “A”
Scope of Work
Housing Tools will offer a variety of services that will help the City of Yreka address housing needs.

These include:

1. Funding applications, including State Homekey, PLHA, NPLH, MHP, IIG, and others;

2. Housing policy development and community outreach;

3. Housing program administration, including implementation of Housing Element programs, budgeting, evaluation, reporting, and monitoring;

4. Housing development, including financial structuring, site feasibility analyses, property acquisition, drafting MOUs, DDLAs, and loan documents; and

5. RFP/RFQ administration, including drafting RFPs, developing evaluation systems, reviewing proposals, facilitating interviews, and writing staff reports.

We propose setting up a kick-off meeting to identify the City’s mission, goals, constraints, and resources. This information received from this meeting will be used to develop a more detailed scope of work with assignments and a timeline. Housing Tools will enter this task list and timeline into a cloud-based project management software called Smartsheet. This software allows City staff and the consultant team to track progress on Tasks within the scope of work in real time, and it can be accessed by all parties at any time or simultaneously. Smartsheet also facilitates coordination by providing the ability to link documents, drafts, contact information, and notes to each Task, and send automated reminders and updates to users. Correspondence and information are organized by Task for easy reference and tracking.
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EXHIBIT “B”
Fee Schedule
Cost Category Rate
Principal $130.00/Hour
Community Development Manager $130.00/Hour
Senior Project Manager $120.00/Hour
Project Managers $100.00/Hour
Labor Compliance Specialist $100.00/Hour
Administrative $80.00/Hour
Travel Reimbursement $0.585/Mile
Print and Media Reimbursement 100% of cost
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EXHIBIT “C”
Consultant Insurance
136

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
Prepared by: Juliana Lucchesi, AICP, Planning Director
Agenda Title: 10g. Award of On-Call Planning Services Contract to Precision Civil Engineering, Inc.

Meeting date: August 2, 2022
Recommended Action:

Motion to award the contract for the On-Call Planning Services to Precision Civil Engineering, Inc. and authorize the City Manager to sign all necessary documentation.

Summary:

The City of Yreka prepared and issued a Request for Proposals for On-Call Planning and Environmental Services from May 2022 to July 2022. The City received three proposals from ECORP, Inc., Housing Tools, and Precision Civil Engineering, Inc. The City Selection Committee evaluated the proposals for consistency with the criteria of evaluation. The Committee recommends the city enter a multi-year contract with Precision Civil Engineering, Inc. to provide on-call planning and environmental review.

Background:

General Department Work
Provide qualified and experienced staff to provide planning services and address planning and environmental-related staff questions; Provide application processing services, including meetings with applicants; preparing plans for completeness and compliance with local and state guidelines development standards; prospering staff reports and making presentations; and coordinating with other city departments and outside agencies;
137
Assist with updates and creation of long-term and short-terms plans including General Plan updates, ordinance updates, and master plans to meet city and state goals;
Attend City Council, Planning Commission, and other meetings as necessary to provide information and analysis to the City’s decision-makers; Provide development processing, plan and map checking, and on-site inspection for all new development activity, when needed; and Assist with planning special projects which may include grant preparation, grant management, and project management.

Housing Services
Assist with development of housing policies and programs, implementation of housing programs and development of affordable housing projects.

Fiscal Impact:

The cost of the on-call consultant is covered in the current year budget. There would be no impact to the city’s budget.

Staff Recommendation:

The City Selection Committee consisted of members of the Planning Department, Finance, and Assistant City Manager. The award criteria was as follows:
138
• Demonstrated understanding of the requested work and responsiveness to the request for proposal.
• Firm expertise and competence including experiences processing current development projects, experience with CEQA and complex EIR’s. • Experience with advanced planning such as General Plan, Master Plans, Specific Plans, and Housing Element Updates.
• Excellent written and verbal communication skills.
• Professional qualifications and experience of individuals likely to be assigned to the city.
• Proposed compensation rates
• Reference recommendations
The City Selection Committee recommend award an On-Call Planning and Environmental Contract to Precision Civil Engineering; Inc. based on their proposal scoring the highest out of all three proposals.

Attachments:

1. Precision Civil Engineering, Inc. Proposal

2. Proposed Professional Services Agreement – Precision Civil Engineering, Inc.
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(559) 449-4500 | [email protected] | 1234 O Street, Fresno, CA

C I T Y O F Y R E K A
7 0 1 4 T H S T , Y R E K A , C A 9 6 0 9 7
J U L Y 1 , 2 0 2 2

REQUEST FOR PROPOSALS

ON-CALL PLANNING AND ENVIRONMENTAL

CONSULTING SERVICES
Source: Jenna Chilingerian
Attachment 1. Precision Civil Engineering, Inc. Proposal 140
COVER LETTER 1
KEY STAFF 3
SCOPE OF SERVICES 11
RELEVANT EXPERIENCE 14
CURRENT CLIENTS 19
BILLING STRUCTURE 21
STATEMENT OF PROPOSED MODIFICATION 23
INSURANCE 25
REFERENCES 27
APPENDIX: FIRM PROFILES 29

TABLE OF CONTENTS
PRECISION CIVIL ENGINEERING, INC.
141
PART 1.

COVER LETTER
1 142
JULY 30, 2022

CITY OF YREKA

PLANNING DEPARTMENT
ATTN. JULIANA LUCCHESI, AICP, PLANNING DIRECTOR
[email protected]
2 Dear Juliana Lucchesi:

Precision Civil Engineering, Inc. (PCE) is pleased to submit our proposal in response to the Request for Proposals (RFP) for On-Call Planning and Environmental Consulting Services for the City of Yreka. PCE is interested in being retained as an On-Call Consultant to perform General Department Work, Training, Environmental Services, and Housing Services on an on-call and as-needed basis for the City.

PCE is a California corporation and a state-certified small business based in Fresno and Merced, California, and has been serving clients throughout California for 20 years. We offer a full range of development consulting services including Environmental and Land Use Planning, Civil Engineering, Land Surveying, Landscape Architecture, and Construction Management. Our team has extensive experience providing these services for both public sector and private sector clients throughout the the state. A summary of our firm and our services is enclosed on the following pages.

PCE will serve as the prime consultant for the project. PCE's Vice President of Planning and Senior Project Manager, Bonique Emerson, MAUP, AICP will serve as the Project Manager and is authorized to negotiate for the team. Our assembled team for this project consists of our Land Use and Environmental Planning Division including Kelsey George, Senior Planner, Jenna Chilingerian, MCRP, AICP Candidate, Senior Associate Planner, and Shin Tu, MUP, Assistant Planner in addition to selected sub-consultants for any required environmental clearance, permitting, on-site inspections, and field surveys: Argonaut Ecological Consulting, Inc. and Peak & Associates, Inc.

Our team's collective experience and specializations in comprehensive and environmental planning, land development projects, biological, cultural, and environmental services, policy and technical writing, GIS and data visualization, and knowledge of applicable laws and requirements within these areas makes us the ideal team to serve the City of Yreka.

We certify that (1) we are not in litigation that may have a significant and adverse impact on the ability to perform these services for the City of Yreka; (2) we have the resources, expertise, and commitment to complete all components of the project in a timely and competent manner; and (3) our Project Manager will be present at all meetings requested by the staff members and will fully participate in the day-to-day management of the contract.

Our proposal represents a firm binding offer for 90 days. On behalf of the PCE team, I would like to thank you for considering our firm to provide these services. We greatly look forward to the opportunity to work together.

Edward D. Dunkel, Jr.

President & CEO, Precision Civil Engineering
1234 O STREET
FRESNO, CA , 93721
P. (559) 449-4500
F. (559) 449-4515
E. [email protected]
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PART 2.

KEY STAFF
3 144

KEY STAFF

ORGANIZATIONAL CHART AND RESPONSIBILITIES
Bonique Emerson
Project Management
& Oversight

PROEJCT MANAGER
Project Manager
Project Assignment

CITY OF YREKA
Our Project Team has the necessary experience and skills needed to provide Planning and Environmental services for the City of Yreka. Our Team includes 4 project staff plus 2 subconsultants. The chart below identifies key tasks and assigned responsibilities. Resumes summarizing our relevant experiences are provided on the following pages.

General Department Work
4 Training
Environmental Services
Kelsey George, Senior Planner
Jenna Chilingerian, Senior Associate Planner
Shin Tu, Assistant Planner
Kelsey George, Senior Planner
Jenna Chilingerian, Senior Associate Planner
Shin Tu, Assistant Planner
SUB: PEAKS & ASSOCIATES, INC.

TECHINICAL TEAM
SUB: ARGONAUT ECOLOGICAL
Neal J. Neuenschwander
Cultural Studies and Assessment
Kathy Kinsland
Biological surveys and reports
Kelsey George, Senior Planner
Jenna Chilingerian, Senior Associate Planner
Shin Tu, Assistant Planner
Housing Services
Kelsey George, Senior Planner
Jenna Chilingerian, Senior Associate Planner
Shin Tu, Assistant Planner
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PROFILE

TRAININGS
Master of Arts Urban Planning,
University of California, Los
Angeles with an emphasis in
transportation planning
Bachelor of Arts, Political
Science with minor in Public
Policy, University of California,
Los Angeles

EDUCATION
18 years

YEARS OF EXPERIENCE
Certified Planner through the
American Institute of Certified
Planners (AICP)
American Planning Association,
California Chapter, Central
Section (Member)
Association of Environmental
Professionals, California, Central
Chapter (Member)
Institute of Transportation
Engineers (member)

CERTIFICATION

PROFESSIONAL ORG
Project Management. Managed the building and implementation of the City of Fresno's Land Management Software System, a citywide, multi-million dollar project that modernized the way permits and entitlements were processed.

Business Analyst. Regularly analyzed organizational and procedural issues and developed solutions, including but not limited to modifying project workflows through a land management system, implementing new processing procedures, and delegating work assignments.

Implementation. Responsible for reviewing, interpreting, and analyzing new legislation and maintaining current knowledge of directives, policies, and regulations that affected the operation of the current planning division. Also responsible for implementation of the General Plan and Development Code at the project level.

Process Management. Managed (both directly and indirectly, through subordinate supervisors) all operations of a division which processes approximately 3,000 entitlement applications a year and operates a planning public front counter serving hundreds of customers weekly.

Supervisor and Trainer. Performed various supervisorial duties, including training, employee selection, evaluations, coaching, and discipline by supervising 4-5 staff directly, and managing a division of 20 staff directly and indirectly through subordinate supervisors.

VICE PRESIDENT OF PLANNING | SENIOR PROJECT MANAGER

BONIQUE EMERSON, MAUP, AICP
Precision Civil Engineering
1234 "O" Street
Fresno, CA 93721
[email protected]
559-449-4500

CONTACT

AREAS OF EXPERTISE
Project Management
Processing Entitlement Applications
Environmental Planning Services (CEQA/NEPA)
Policies, Procedures, and Processes
VMT Screening and Trip Generation Analysis
Oversight and Management of Environmental Consultants
Bonique Emerson, MAUP, AICP has over 18 years of experience as a Planner and Project Manager, spending a majority of those years with the City of Fresno Current Planning Division. While at the City of Fresno, Mrs. Emerson worked her way from a Planner I to the Current Planning Division Manager. Through these roles, she processed hundreds of entitlement applications, implemented the General Plan and Development Code at the project level, and played a key role in coordination among the public agency, developers, and residents. At Precision Civil Engineering, Mrs.

Emerson leverages her extensive planning knowledge to manage both public and private sector projects in various communities.

EXPERIENCE
CEQA Advanced Workshop, Association of Environmental Professionals, California (various)
California LTAP: Federal Requirements for Local Agency Transportation Projects "OFF" the State Highway System (November 2020) 5 146

PROFILE

TRAININGS

PUBLICATIONS
Master of Arts, Geography with
emphasis in Urban Planning,
California State University, Long
Beach
Bachelor of Arts, Geography and
Planning with Minor in Rural and
Town Planning, California State
University, Chico

EDUCATION
9 years

YEARS OF EXPERIENCE
American Planning Association,
California Chapter, Central
Section (Member)
Association of Environmental
Professionals, California, Central
Chapter (Member)
California Geographical Society
(Member)
PROFESSIONAL ORG Land Development Process and Review. Oversaw the execution of complex projects, including tract map developments and subdivisions, plan amendments, rezones, annexations, and text amendments, while reviewing for compliance with applicable goals and policies.

Public Outreach and Presentation. Facilitated neighborhood and public meetings to provide city leaders, developers, attorneys, and the general public with plans within the city boundaries by delivering presentations in public meetings.

Project Management. Coordinated several complex projects including shortand long-range planning projects, while working closely with applicants, key developers, and any commenting City divisions, departments, and outside agencies.

SENIOR PLANNER

KELSEY GEORGE
Precision Civil Engineering
1234 "O" Street
Fresno, CA 93721
[email protected]
559-449-4500

CONTACT

AREAS OF EXPERTISE
Project Management
Land use planning and entitlement processing
Environmental planning and compliance
Kelsey George brings over 9 years of experience in city planning, community development, and environmental and sustainable development. With nearly 5 years of municipal planning experience in the Central Valley, she has worked on a various and diverse portfolio of urban planning work including General Plan updates, Zoning Code text amendments, annexations, General Plan amendments, rezones, tentative tract maps, use permits, and site plan reviews. Through private and public sector planning roles she has developed extensive experience in interpreting zoning requirements and State and Federal laws and policies regarding land use, information analysis, project management, California Environment Quality Act, citizen engagement, community development, and local government background.

She received a Master’s of Arts in Geography and Planning and published her thesis on transit-oriented development in 2017.

EXPERIENCE
Complying with Federal Law in Regulating Telecommunications (January 2022) Transportation Planning: Travel Behavior Principles and Modelling Approaches (November 2021)
Resilience Planning for Wildfires (November 2021)
Revisiting" The Blue Line Blues": Transit-Oriented Development in Inner-City Areas of Los Angeles County, 2000-2016 (December 2017)
6 147

PROFILE
Master of Community and
Regional Planning, University of
Oregon
Bachelor of Arts, Political
Science with minor in Civic
Engagement, University of
California, Los Angeles

EDUCATION
9 years

YEARS OF EXPERIENCE
Certified Planner through the
American Institute of Certified
Planners (AICP Candidate)
American Planning Association,
California Chapter, Central
Section (Member and Director
for Membership and Public
Information)
Association of Environmental
Professionals, California, Central
Chapter (Member)

CERTIFICATION

PROFESSIONAL ORG
Land Development Process and Review. Processed zoning inquiries, zone clearances, environmental assessments, and conditional use permit applications for the City of Fresno Planning and Development Department, Current Planning Division.

Technical Assistance and Capacity Building. Coordinated planning and sustainable communities programming in rural communities of the San Joaquin Valley in the areas of housing, sustainable planning, parks and recreation, and transportation. Organized regional capacity building events that brought together over 1k stakeholders from across the region and state to bolster advocacy, increase the quality of partnerships, and build traction to find regional opportunities, solutions, and funding for planning.

Communication and Partnership Management. Managed marketing and communications programs for a property-based business improvement district, including creating and disseminating content for media platforms, public relations, and creation of materials. Managed special programs such as placemaking, grant writing/reporting, events and promotions, and negotiating and developing partnerships between the downtown merchant community and local resources.

Front Counter Customer Service. Provided customer service to City of Fresno external and internal clientele by monitoring the Current Planning Division front counter, answering and directing questions, responding to requests for more information, and interpreting planning and zoning programs to the general public.

SENIOR ASSOCIATE PLANNER

JENNA CHILINGERIAN, MCRP
Precision Civil Engineering
1234 "O" Street
Fresno, CA 93721
[email protected]
559-449-4500

CONTACT

AREAS OF EXPERTISE
CEQA/NEPA Compliance
Environmental Analysis and Planning
Land Use Planning/Permitting
Project Coordination and Management
Jenna serves as a senior associate planner at Precision Civil Engineering (PCE) in downtown Fresno, CA, bringing more than 9 years of experience in planning, community and economic development, and program management in the nonprofit and public sectors. At PCE, Jenna provides CEQA services for public and private sector projects, on-call planning services for local agencies, and development and entitlement services for private sector clients. Jenna is an active AEP and APA member, participating in webinars and workshops to remain up to date on current environmental legislation, procedures, and best practices. She received her Masters of Community and Regional Planning from the University of Oregon and holds a bachelor’s degree in Political Science from UCLA. She joined the American Institute of Certified Planners (AICP) as a Candidate in 2021.

EXPERIENCE
7 148

PROFILE

TRAININGS
Master of Urban Planning,
Environmental Hazard
Management Certificate, GIS
Graduate Certificate, Texas A&M
University
Bachelor of Science, Urban
Planning, National Cheng Kung
University, Taiwan

EDUCATION
4 years

YEARS OF EXPERIENCE
American Planning Association,
California Chapter, Central
Section (Member)
Association of Environmental
Professionals, California, Central
Chapter (Member)

PROFESSIONAL ORG
Urban Design. Received awards for 2 design competitions that focused on designing human-oriented space/streets for transit and pedestrian connectivity and revitalization.

Corridor Planning. Drafted a corridor revitalization plan in Tainan City, Taiwan.

Conducted interviews with local businesses, held 3 workshops to introduce and collect feedback for the plan, and coordinated with public agencies for implementation of the proposed public transit program.

Graphics Communication. Lead Graphics and Written Communications Team to develop the first comprehensive plan of the City of Caldwell, Texas. Coordinated with data analytics and public outreach team to develop branding, design flyers and public outreach materials, presentations, and the final plan document.

Research and Analysis. Conducted data cleansing, labeling, categorizing, and statistical analysis using Stata. Co-authored for journal publication and was responsible for the management of 2+ datasets.

Planning Assistant. Performed traffic flow and land use analysis for 3 city-scale plans to provide a fact base for the planning process. Performed zoning inquiries, environmental assessments, building and conditional use permit applications. Produced multiple exhibits, drafted proposals, and corresponded with clients and agencies.

ASSISTANT PLANNER

SHIN TU, MUP
Precision Civil Engineering
1234 "O" Street
Fresno, CA 93721
[email protected]
559-449-4500

CONTACT

AREAS OF EXPERTISE
Research and Analysis
Geographic Information Systems and spatial analysis
Visualization and Digital communication
Shin Tu, MUP brings to Precision Civil Engineering her knowledge of communications, site planning, data analysis, and working with the public. With a Master of Urban Planning degree at Texas A&M University and graduate certificates in Environmental Hazard Management & Geographic Information Science, Shin has experience working in the public, private, and academic sectors.

EXPERIENCE
CEQA Advanced Workshop, Association of Environmental Professionals, California (March 2022)
CEQA Essentials Workshop, Association of Environmental Professionals, California (October 2021)
8 149

CISEC, QSP, TOR-QISP

KATHY KINSLAND

HIGHLIGHTS

RELEVANT EXPERIENCE
Over 35 years of experience with environmental reviews under various state environmental policies and NEPA reviews.

Qualified Biologist for dozens of roadway/bridge construction projects throughout the Sacramento Valley.

Over 35 years of experience with regulatory permitting (404, 1600, 401, etc.) Served as Co-chairman for California Storm Water Quality Association’s (CASQA) Construction Subcommittee.

Project Manager for preparation of an EA for environmental resources plans for the U.S. Bureau of Reclamation.

Deputy project manager for a joint state/NEPA review of a 230-mile natural gas pipeline under the Federal Energy Regulatory Commission.

Prepared and implemented a Public Involvement Program for the U.S. Bureau of Reclamation and energy development projects in CA.

Project Manager for preparation of CEQA documents (infrastructure projects).

Former U.S. Army Corps staff. Conducted environmental reviews for levee restoration following floods or flood control systems throughout the U.S.

Worked also in Regulatory Division.

Lead biologist assigned to coordinate environmental compliance associated with munitions remediation at the former George AFB
Frontier Communications Expansion Project (Categorical Exemptions) Dry Creek Levee Improvement Project (SAFCA CEQA)
Shepherd Avenue Intersection Improvement Project (City of Clovis, CEQA) SMUD/USBR/Arden-Cordova Water Agency Emergency Water Supply Project (CEQA/NEPA).

Tuscarora Natural Gas Transmission Pipeline EIS (CA, OR, NV, CEQA/NEPA) Kern County Waste Management, Habitat Conservation Plan Amendment (CEQA/NEPA)
Fink Road Landfill, Vertical Expansion Project (CEQA)
Deputy Project Manager for a NEPA/CEQA Joint EIR/EIS for a 223-mile natural gas pipeline that ran from Malin, OR, through Northern CA to just outside Reno Navada (circa 1995). Ran through the Modoc Plateau, Susanville, etc.

Caltrans Natural Environment Study and CEQA review for telacommuniction project, Antelope Valley (near Portola, CA). 2014
Culvert Replacement Project (Construction Support, Paradise, CA).

Environmental pre-construction surveys, and regulatory guidance. (Ongoing) Shasta-Trinity National Forest, Telecommunication project, various locations through the National Forest. Prepared biological assessment (2015) Environmental Review; NEPA/CEQA - Over the past 36 years, Ms. Kinsland has managed or assisted in the preparation of numerous state and federal environmental review documents, ranging from full EIR/EIS’s to Environmental Assessments and Mitigated Negative Declarations and categorical exclusions. Ms.

Kinsland has served as the project manager or technical lead in preparation of technical studies as part of the environmental reviews for residential land development, landfill expansion, electric generation and transmission, infrastructure, and commercial development. Some representative projects include:

BS, Aquatic Biology, Chemistry Minor,
Eastern Michigan University, Ypsilanti, MI
Graduate Course Work and Continuing
Education in stream restoration and
hydrology
Graduate Certificate-National
Environmental Policy (In progress), Utah
State University

EDUCATION
35+

YEARS OF EXPERIENCE
Certified Inspector Sediment & Erosion
Control (CISEC- 311)
California Storm Water Quality
Association (CASQA)
Executive Planning Committee and CoChair of the Construction Subcommittee – 2003-2006

CERTIFICATION/ AFFILIATION
Staff scientist, U.S. Army Corps of
Engineers, Detroit District and
Sacramento District
Manager of Environmental Services
Division, RMI/Navigant
Owner/President; Argonaut
Ecological, Inc. (since 1997)
Storm Water Pollution Prevention on
Construction Sites
Advanced Wetland Delineation and
Management Training

KEY POSITIONS

TRAINING
9 150

SENIOR ARCHEOLOGIST
NEAL J. NEUENSCHWANDER PEAKS &

ASSOCIATES,
INC.

PROFESSIONAL EXPERIENCE

RECENT PROJECTS
Mr. Neuenschwander has compiled an excellent record of supervision of excavation and survey projects for both the public and private sectors over the past forty-two years. He has supervised the fieldwork of over 1,800 projects throughout California, Oregon, Nevada, and southern Idaho.

Work for the project would be based out of our North Valley office in Chico, with any fieldwork undertaken by Neal Neuenschwander. The firm has completed projects of many types throughout the northern interior California Counties, including survey, excavation, building evaluations, a bridge evaluation and construction monitoring.

Past projects of note include several fiberoptic lines, and 15 years of an on-call contract with California State University, Chico. We also recently completed the archival research and preparation of the cultural resources element of the Red Bluff General Plan.

Mr. Neuenschwander manages the North Valley office of Peak & Associates, located in Chico, California.

Neuenschwander's duties at Peak & Associates have included the field direction for multiple site excavations and surveys throughout northern, central, and southern California, Nevada, Oregon and Idaho. In this capacity, he has been responsible for the planning and implementation of every aspect of the fieldwork, analysis, and report production phases. During his thirty years with the company, he has developed a reputation for his ability to complete projects on-time and within budget parameters, while at the same time maximizing the recovery and analysis of data for the professional community.

Notable projects under Neuenschwander's direction include the nine-week excavation at Clarks Flat in Calaveras County, eleven weeks with a crew of over twenty technicians at the Upper Mountain locale (a remote camp six miles from the nearest road), ten weeks of an over 9,000-acre survey at Elk Hills Naval Petroleum Reserve, and a two-phase excavation at CA-PLU-88, a site that contained radiocarbon evidence of the some of the earliest inhabitation of the Sierra Nevada Mountains.

Mr. Neuenschwander also served as the field director for multiple phases of recordation, testing and evaluation for the 172-mile-long Pacific Pipeline Project proposed for construction in Santa Barbara, Ventura, and Los Angeles counties.He also has served as field director or co-director on a number of AT&T fiber optic projects throughout California, Oregon and Idaho.

M.A. candidate - Anthropology -
California State University, Chico
B.A. - Anthropology - California State
University, Chico (with distinction)
B.A. - Geography - California State
University, Chico (with distinction)

EDUCATION
3941 Park Drive, Suite 20 #329
El Dorado Hills, CA 95762
(916) 939-2405
[email protected]

CONTACT
10 151
PART 3.

SCOPE OF SERVICES
11 152

SCOPE OF SERVICES
12 SCOPE OF SERVICES TO BE OFFERED
PCE's Scope of Services is presented below. Within the proposed scope, we describe how we will implement the project and respond to the various tasks identified by the City of Yreka.

1. General Department Work
PCE staff has experience processing various types of planning entitlement applications from zone clearances to plan amendments and tract maps for large-scale development projects. We have a strong understanding of the planning process including understanding how to implement complex development codes and general plans at the project level. We follow the protocols outlined by the agency to make sure projects are processed consistently and accurately. We can see a project through completion, including presenting at Planning Commission and City Council. Our experience working directly on entitlements and supervising the process puts us a step ahead of most firms. Our services and areas of expertise include:

Site Plan Reviews
Variance applications
Conditional Use Permits
Plan Amendments
Rezone applications
Annexations and Pre-Zones
Zoning Text Amendments
Tentative Tract Maps and Subdivisions
Staff Reports
Ordinances and Resolutions
Municipal Service Review (MSR)
Area Plan and Specific Plans
ADU Ordinances and Pre-approved Programs
Policy/plan implementation training
Workshopping with city leaders, stakeholders, and community members Providing tools and instruction to any interested party to better understand the planning process Establishing easy-to-follow guidebooks as reference documents

2. Training
PCE staff can provide a variety of training for city staff, City Council, and Planning Commission. We have successfully implemented numerous ordinance and text amendments, which required staff training on implementation of said amendments to the members responsible for seeing them through. Additionally, in creating accessory dwelling unit (ADU) programs from scratch in several cities, PCE has prepared workshops for commissioners and councilmembers to ensure all city staff is trained on the new policies and provide the necessary instruction to implement a successful policy. The PCE team regularly presents at conferences and webinars to share best practices and lessons learned from working on different types of projects in cities throughout the state. In addition, our staff regularly attends trainings to remain current on the everchanging policies including housing and environmental issues to better serve the cities requesting services. Our services and areas of expertise include:
153
Initial Study/ Mitigated Negative Declaration Preparation Coordination of the CEQA process
Coordination of the NEPA process
Preparation of required technical studies
Review and Analysis of technical studies
Mitigation Monitoring/Compliance Verification
Consultation on type of analysis required and preliminary environmental review Third-party review of environmental documents prepared by others Tribal Consultation

3. Environmental Services
PCE prepares environmental documents for private development and public improvement projects in accordance with the California Environmental Quality Act (CEQA) and the National Environmental Protection Act (NEPA). We have extensive knowledge of the potential legal and technical challenges that could arise in the environmental planning process. Our services and areas of expertise include:
13 ADU programs
Multifamily streamlining and facilitation programs
Text amendments increasing or eliminating density caps
Clearing housing projects through the CEQA process

4. Housing Services
PCE is equipped to assist the City of Yreka in developing and implementing different housing programs and policies, including affordable housing projects. We have prepared several ADU programs throughout the state to address the housing crisis and encourage the development of secondary dwelling units. PCE is well versed in state legislation pertaining to housing, including SB2, SB9, SB10, and SB330. We have also developed a streamlined processes that facilitate the development of multi-family residential to increase housing stock in multiple cities. PCE has worked on affordable housing projects and understands it is as a specialty of specific developers and the nuances of securing funding and developing affordable housing. Examples of housing project experience include:
154
PART 4.

RELEVANT EXPERIENCE
14 155
15 RELEVANT EXPERIENCE

RELEVANT PROJECTS WITHIN LAST FIVE YEARS
PCE's relevant projects within the last five years are provided below. We are uniquely qualified to serve the City of Yreka based on our experience working on planning projects in both the private and public sectors in both large and small communities throughout California. Our staff understands the dynamics of local government planning, responds quickly to needs.

PCE is conducting a density level analysis and buildable lands inventory to identify maximum and optimal densities for zoning districts that allow mixed-use development. In addition, conduct an infrastructure assessment to determine existing infrastructure capacity related to increased density. Lastly, conduct an environmental review and prepare the CEQA documentation for the anticipated text amendment increasing the mixed-use zoning density.

Reference | Sophia Pagoulatos, Planning Manager | [email protected] | 559-621-8062 02 CITY OF FRESNO CEQA SERVICES FOR MIXED USE ZONING DENSITY INCREASE Zoning Updates: Ordinance, Illustrative Designs, and Internal Policy and Procedure Site Analysis, Site Clearance, and Completion of Initial Studies Draft ADU Ordinance in compliance with state ADU law
Preparation of a How-to-Guide for Homeowners
Preparation of Pre-Approved ADU Plans and Elevations
PCE is providing engineering, environmental review, and planning services for the City of Arvin in order to assist with implementation of SB 2 and LEAP funded projects including but not limited to ADUs, updating zoning standards, and environmental analyses and studies for possible high density residential sites. The project is ongoing through 2022 and includes:
01 CITY OF ARVIN SB 2 & LEAP IMPLEMENTATION: ENGINEERING, ENVIRONMENTAL

REVIEW, AND PLANNING SERVICES
Reference | Christine Viterelli, Grant Writer | [email protected] | 661-606-6052 PCE provided on-call Planning Staff support services to the City of Clovis Planning & Development Services Department, Planning Division, on an as-needed basis to assist with during a staffing shortage. Services included planning research, entitlement processing, and drafting of staff reports in addition to performing environmental review for initial studies. Completed projects included the preparation of a Staff Report and conditions of approval for a Conditional Use Permit and an Initial Study for a Conditional Use Permit.
03 CITY OF CLOVIS ON-CALL PLANNING SUPPORT STAFF
Reference | Ricky Caperton, Deputy City Planner | [email protected] | 559-324-2347 156
16 Application Processing and Review for two (2) Conditional Use Permits and Site Plan Reviews including the preparation of the staff report, resolutions, and conditions of approval.

Management of the City's ADU Program which includes the preparation of pre-approved ADU plans and a how-to-guide for homeowners.

Management of the City's Mixed-Use Conceptual Design Program which includes the preparation of mixed-use conceptual designs and design guidelines.

Management of the City's Multi-Family Conceptual Design Program which includes the preparation of multi-family conceptual designs and design guidelines.

PCE provides on-call Planning staff support services to the City of Kerman Community Development Department on an as-needed basis. Completed projects include:

Current, on-going projects include:

Reference | Jesus R. Orozco, Community Development Department Director | [email protected] | 559-846-9386
05 CITY OF KERMAN ON-CALL PLANNING SUPPORT STAFF
Preparation of CEQA Documents for three (3) General Plan Amendment/Rezone projects, including technical analyses, public noticing, and State Clearinghouse documents.

Application Processing and Review for three (3) General Plan Amendment/Rezone projects through Public Hearing and Adoption, including preparation of staff reports, presentations, resolutions, and public noticing documents.

Application Processing and Review for two (2) Roadway Abandonments through Public Hearing and Adoption, including preparation of staff reports, presentations, resolutions, and public noticing documents.

Weekly processing of Plan Checks for single-family, accessory structures, and pools.

PCE provides on-call Planning staff support services to the City of Hanford Community Development Department on an as-needed basis. Completed projects include:

Reference | Mary Beatie, Interim Community Development Department Director | [email protected] | 559-585-2500
04 CITY OF HANFORD ON-CALL PLANNING SUPPORT STAFF
Municipal Service Review for the Chowchilla Memorial Healthcare District and the Madera County Mosquito and Vector Control District.

Municipal Service Review for the Madera Cemetery District and the Chowchilla Cemetery District.

On behalf of the Madera County Local Agency Formation Commission, PCE prepared two (2) Municipal Service Reviews (MSR) pursuant to the Cortese-Knox-Hertzberg Act (Government Code Section 56430). The completed MSRs include:
06 MADERA COUNTY LAFCO MUNICIPAL SERVICE REVIEWS
Reference | Dave Braun, Executive Officer | [email protected] | 559-675-7821 157
17 07 CITY OF ATWATER ON-CALL ENGINEERING & ENVIRONMENTAL PLANNING

SERVICES
PCE provides on-call engineering and environmental planning services for the City of Atwater, on an as-needed basis. Services include but are not limited to research, consultation, and preparation of CEQA environmental documents ranging from Categorical Exemptions to Initial Studies/Mitigated Negative Declarations, to Environmental Impact Reports. Completed projects include:

Peer Review of Initial Study/Negative Declaration for the City of Atwater 1,2,3-TCP Mitigation Project.

Preparation of Initial Study/Mitigated Negative Declaration for the Bert Crane Solar Facility Project, including technical analyses, public noticing, and State Clearinghouse documents.

Preparation of Initial Study/Mitigated Negative Declaration for the Atwater Family Affordable Housing Project, including technical analyses, public noticing, and State Clearinghouse documents.

Preparation of Categorical Exemption for the Railroad Avenue Business Park.

Preparation of Categorical Exemption for Redwood Mixed Use Project.

Preparation of Categorical Exemption for Atwater Cannabis Dispensary, Distribution, and Cultivation Project.

Preparation of Categorical Exemption for Atwater Warehouse Facility.

Current, on-going projects include engineering services for federally funded street improvement projects. This entails right-of-way evaluation, surveying, grading and drainage plans, calculations and designs, roadway and sidewalk facilities design, cost estimations, and overall project management.

Reference | Greg Thompson, Community Development Director | [email protected] | 209- 357-6370
PCE is preparing a ADU ordinance, set of pre-approved ADU plans, and a visual guide/how-toguide for the City of Clayton in efforts to establish an ADU Program. The efforts are funded by SB2 and are ongoing through 2022.
08 CITY OF CLAYTON ADU PROGRAM
Reference | Dana Ayers, Community Development Director | [email protected] | 925-673-7343 158
18 Pre-Approved Plans and Elevations
Visual Guide and Brochure for program participants
Internal Processing Checklist for staff
ADU Application and Application Checklist
PCE prepared plan sets, a guidebook, and application forms for the establishment of an ADU Program for the City of Oakley. The efforts were funded by SB 2 and included the following deliverables completed in 2021:
10 CITY OF OAKLEY ADU PROGRAM
Reference | Ken Strelo, Principal Planner | [email protected] | (925) 625-7036 ADU Ordinance Template
Standard ADU Plans and Elevations
ADU Informational Handout for the Front Counter
ADU Implementation Guide for Agency Staff
ADU Hearing/Workshop PowerPoint Template for Elected and Appointed Officials ADU How-to-Guide Template for Homeowners
ADU Program Staff Report and Presentation for Hearings
Technical Assistance to Customize Tools for Implementation PCE is providing technical assistance and expertise to create a San Joaquin Valley-wide ADU Program through the San Joaquin Valley REAP Program. The program is intended to assist local agencies and is ongoing through 2022. Deliverables include:
09 SAN JOAQUIN VALLEY REGIONAL EARLY ACTION PLANNING PROGRAM Reference | Robert Phipps, Deputy Director | [email protected] | (559) 233-4148 159
PART 5.

CURRENT CLIENTS
19 160
20 Assemi Group
Associated Design & Engineering
BDM Builders
Central Valley Engineering & Surveying, Inc.

Commercial Design Builders, Inc.

Fagundes Bros Dairy
GMA Engineering
Lennar Central Valley
Origo Investments
Private Sector Clients
City of Atwater, Community Development
Department
City of Fresno, Planning and
Development Department
City of Fresno, PARCS Department
City of Hanford, Community and
Development Department
City of Salinas, Community Development
Department
California State University, Fresno
Public Sector Clients

2. Environmental Planning Services: CEQA/NEPA

CURRENT CLIENTS

CLIENTS DOING BUSINESS WITH PCE
PCE's current list of clients within the past 12 months include the following.

Caglia Environmental
Fagundes Bros Dairy
Lennar Central Valley
J-Square Hospitality
TCM Partners. LLC
Scale Microgrid Solutions
Greenlaw Partners
Kevin King
David Arakelian
SKW Capital Management
Eddie Fanucchi
Wathen Castanos
Omniet Capital
DBKO Design
Crown Real Estate Services
J Dean Construction
Land Value Investment, LLC
Amarok, LLC
Valley Premier Land Group
Chelsea Development Corporation
Jim Brisco Enterprises
Legacy Construction
Rick Langdon
The Central Valley Group
Master Storage 365
Lyles Diversified, Inc.

KB Home
Clovis Capital Partners

1. Land Development Projects, Subdivisions and General Planning Consultation 161
PART 6.

BILLING STRUCTURE
21 162
Hourly Billing Rates
Planning Division Manager
Senior Planner
Senior Associate Planner
Assistant Planner
Principal Investigator
Senior Archeologist
Archeological Specialist
Archeological Technician
Senior Scientist/Biologist
Senior Stormwater Inspector (QSP)
Field Tech-Biological
CAD Operator/Mapping
Peak & Associates, Inc.

Argonaut Ecological Consulting, Inc.
$200
$140
$120
$100
Position
Position/Work Hourly Rate
Hourly Rate

BILLING STRUCTURE

HOURLY BILLING & DIRECT RATES FOR TEAM
PCE's proposed billing structure is provided as follows.

Our subconsultant's proposed billing structures are presented below. $140
$130
$100
$80
$150
$150
$110
$110
Direct, Indirect, and Transportation Fees
Travel costs are based on direct reimbursements for mileage, and door to door travel time. Per diem is charged at the government rate for the region.

Overhead is included in labor rates, otherwise, only direct costs are charged. No markups are charged on expenses.
22 163
PART 7.

STATEMENT OF PROPOSED MODIFICATION
23 164
24 STATEMENT OF PROPOSED MODIFICATION

PROFESSIONAL SERVICES AGREEMENT AND INSURANCE REQUIREMENTS PCE has one proposed modification to the PSA.

Proposed Modification:
18 Indemnification: delete "sole" from line 9.
165
PART 8.

INSURANCE
25 166
26 INSURANCE

SUMMARY OF INSURANCE COVERAGE
Commercial General Liability with limits no less than $1,000,000 per occurrence.

Automobile Liability with limits no less than $1,000,000 per accident for bodily injury and property damage.

Workers' Compensation with limit of no less than $1,000,000 per accident for bodily injury or disease.

Professional Liability with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

PCE's insurance coverage includes the follow.
167
PART 9.

REFERENCES
27 168
28 REFERENCES

CLIENT REFERENCES RELEVANT TO SCOPE OF SERVICES
PCE's references relevant to the scope of services are as follows.

Jesus R. Orozco, Community Development Department Director, City of Hanford | [email protected] | 559-846-9386
Greg Thompson, Community Development Director, City of Atwater | [email protected] | 209-357-6370
Robert Phipps, Deputy Director, Fresno Council of Governments | [email protected] | 559- 233-4148
169
PART 10.

APPENDIX: FIRM PROFILE
29 170
Firm Representative
Edward Dunkel, Jr. CEO & President
p. (559) 449-4500 f. (559) 449-4515
e. [email protected]

ABOUT PCE
Firm Legal Identity
PCE is a California corporation and a
state-certified small business located in
Fresno, CA that has been in business for
20 years.

Office Location
1234 O Street, Fresno, CA 93721
2807A G Street, Merced, CA 95340
Website
www.precisioneng.net
Firm Size
42 Total Staff Members
Civil
Engineering
Land
Surveying
Planning
Construction
Management
Landscape
Architecture
Project
Management
Environmental
Services
Traffic
Engineering
An Overview | Precision Civil Engineering, Inc. (PCE) is an established, full-service firm with 20 years of experience providing comprehensive and sustainable solutions for a wide range of complex projects and issues in the Central Valley of California. Our roots are firmly established by fifth-generation California resident and company CEO & President, Ed Dunkel, Jr. whose family has provided engineering services throughout the state for more than 57 years. Today, our firm employs over 40 full-time staff members with offices in Fresno and Merced. Our divisions include:

FIRM PROFILE
PRECISION CIVIL ENGINEERING, INC.
30 Who We Are | PCE is a California corporation
and is organized by divisions which are each
headed by licensed division managers, with
daily operations overseen by the company
president, Mr. Edward Dunkel, Jr. PCE
approaches every project with the philosophy
that we are more than just an Engineering firm;
we are your advocate, every step of the way.

From a project’s inception to completion, PCE
remains attentive to our client's needs and
responds immediately to calls for service.

Schedules are developed then monitored
weekly by managers and supervisors.

Preparation of our technical studies is modeled
to minimize cost without compromising
competent solutions or legally required
technical analysis. To ensure quality control,
reports are subjected to a comprehensive inhouse review process. "WE ARE DEDICATED TO USING CUTTING EDGE,

STATE-OF-THE-ART TECHNOLOGY IN ORDER TO

PROVIDE INNOVATIVE AND AFFORDABLE SOLUTIONS
FOR OUR CLIENTS."
171
Argonaut Ecological Consulting, Inc. specializes in supporting projects from planning through construction. For over 30 years, our focus has been on infrastructure projects (electric generation, water and gas conveyance, flood control, roadway, and bridge construction) and traditional land development. Argonaut also provides wetland delineation and permitting.

Argonaut is a California-certified DBE (CA # 36268) and has a successful history of working throughout the Sacramento region since 1997.

Argonaut provides regulatory and compliance support services to municipalities, construction management teams, and traditional land developers. Our services focus on biological resources and stormwater/water quality compliance. Argonaut has worked within the Fresno region since 1997 performing biological habitat assessments, special status species evaluations, CEQA review and CEQA document preparation, species surveys, wetland delineations, permitting, and construction monitoring and support.

In addition, Argonaut supports project managers and construction management firms by providing technical and regulatory expertise with the objective being to minimize regulatory risks to their municipal clients. Our construction-related services include pre-construction biological surveys, preparing and conducting worker environmental awareness training, CEQA compliance reviews, reviewing contractor submittals (dewatering plans, SWPPPs, etc.), compliance tracking throughout construction, biological monitoring, and preparing construction notices required by the environmental permitting agencies.

Argonaut Ecological Consulting, Inc. was founded in 1997 and is a certified woman-owned disadvantaged business
enterprise (Caltrans DBE - Certificate No. 36268).

SUB-CONSULTANT: ARGONAUT ECOLOGICAL CONSULTING, INC.
31 SUB-CONSULTANT: PEAKS & ASSOCIATES, INC.
intensive archeological and historical field surveys;
archeological/historical section of environmental impact reports and statements; research services, archeological monitoring, and test excavations for evaluating the significance of archeological sites;
site-specific historical research for legal issues;
building and structure recordation and evaluation;
construction monitoring;
data recovery excavations for mitigation of adverse effect; preparation of determination of eligibility and effect documents for Section 106 review; preparation of nomination forms for the National Register of Historic Places; Peak & Associates, Inc., a California corporation, offers archeological services and cultural resource expertise to public agencies and private concerns. A woman-owned small business enterprise in business since 1975, Peak & Associates operates with a full-time staff of two professional archeologists and a historian/archeologist, with offices in El Dorado Hills and Chico. The company also maintains an outstanding complement of expert consultants and adjunct fieldwork and laboratory personnel ready to respond to large scale projects. Peak & Associates has the capability to carry out archeological and cultural resource projects of many types:
172
Edward Dunkel, Jr., CEO & President
p. (559) 449-4500 f.(559) 449-4515
e. [email protected]
Location | 1234 O Street | Fresno, CA 93721
PROVEN
EXPERTISE.
173

AGREEMENT FOR PROFESSIONAL PLANNING SERVICES
Precision Civil Engineering, Inc.

On-Call Planning and Environmental Services

1. PARTIES:

The parties to this contract are the City of Yreka, a municipal corporation of the State of California (the City) and Precision Civil Engineering, Inc. (the Planning Consultant).

This AGREEMENT is made and entered into on this ___ day of _____ 2022.

2. SCOPE OF SERVICES:
(a) The on-call planning and environmental services to be provided by Planning Consultant are described in Exhibit “A” which is made a part of this Agreement as if it were fully set forth at length here at. (b) Planning Consultant represents and warrants that all Planning Consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in paragraph (a).
(c) Planning Consultant shall furnish all equipment, supplies, and facilities necessary and convenient to perform properly the services required herein. Without limitation, Planning Consultant shall supply any needed computer equipment.
(d) Work Assignments. Upon presentation of a request for an estimate to perform work, Planning Professional shall provide a proposal that includes a good faith estimate of the scope, charges, and schedule for the assignment. Work shall be undertaken only as specifically authorized in writing by the City. City shall be afforded the opportunity to revise project budget, scope, or make other changes City desires before charges for work have exceeded the original cost estimate and authorization. Planning Consultant retains the right to reject specific assignments and rejection of an assignment does not terminate this Agreement.
(e) Litigation Support. Planning Consultant shall receive compensation for preparing for and/or appearing in any litigation at the request of CITY, except: (1) if such litigation costs are incurred by the Planning Consultant in defending its work or services or those of any of its sub-consultants; or (2) as may be required by the indemnification requirements of the Planning Consultant. Compensation for litigation services requested by the CITY shall be paid at a mutually agreed upon rate and/or at a reasonable rate for such services.

3. PAYMENT:
(a) Payment for services. The City shall pay for services performed in accordance with this contract according to the payment and fee schedule contained in Exhibit B.

No contract price changes shall be made during the term of this Agreement without City’s prior written approval. Any additional services requested in writing that is not listed or covered in this Agreement will be extra work, less any amounts deemed to be a setoff and shall be payable at either a negotiated fixed fee or, if time and materials, at the established rates and expenses.

Attachment 2. Professional Services Agreement - Precision Civil Engineering, Inc.
174
The amount of the request for payment which is approved by City shall be paid to the Planning Consultant, less the amount of all previous payments and less all valid setoffs.

The acceptance by the Planning Consultant of the final payment shall constitute a waiver of all claims by the Planning Consultant except those previously made in writing and still unsettled.

No services shall be performed by Planning Consultant in excess of the total contract price without City’s prior written approval.

Planning Consultant shall maintain accounting records including the following information: names and titles of employees or agents, types of services performed, and times and dates of all services performed in connection with this Agreement which is billed on an hourly basis.

Planning Consultant shall maintain complete and accurate records with respect to the cost, expenses and receipts and other information required by City for any services provided where compensation is on the basis of hourly rates, subcontractor costs or other direct costs. Planning Consultant shall maintain accurate records on services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

At any time during the term of this Agreement, City may request that Planning Consultant perform “extra work.” As used herein, “extra work” means any services that is determined by City to be necessary for the proper completion of the project, but which the parties hereto did not reasonably 175
anticipate would be necessary at the time of the execution of this Agreement. Planning Consultant shall not perform, nor be compensated for, extra work without City’s prior written approval and authorization. (b) Reimbursement of expenses. Planning Consultant will be reimbursed for actual, reasonable and necessary expenses incurred in the performance of services in accordance with the fee schedule included in Exhibit B. Under no circumstances shall Planning Consultant charge City for Planning Consultant's normal overhead such as the preparation of Planning Professional’s and subcontractor’s invoices for services performed pursuant to this Agreement. The hourly compensation provided for in this Agreement shall include all overhead, markups and personal transportation costs. (c) Maximum payment. The maximum payment under this contract for services incurred outside of an approved specific project scope and, if authorized, reimbursement of expenses, shall not exceed TwentyFive Thousand and no cents ($25,000.00) payable in dollars of the United States of America in one fiscal year. The fiscal year begins July 1 and ends June 30.
(d) Invoices. Planning Consultant shall submit monthly itemized billings to City’s Administrator, allocated by Project and/or Task Area according to Exhibit A, Scope of Services and in a form acceptable to City, as well as any documentary evidence required by City. City’s Administrator shall review the invoice for accuracy. City shall pay to Planning Consultant all charges determined to be accurate by City’s Administrator in the regular course of business. Payments are subject to a final audit upon completion of services or other termination of this contract.

Overly generalized listing of task descriptions are not acceptable, rather, Planning Consultant shall provide a detailed description which will provide a meaningful record to an independent auditor reviewing task description. Any work product or memoranda or other written material described in the entries shall be produced for City as requested.

The City shall act to approve or deny each invoice submitted by Planning Consultant within thirty days from receipt of the invoice. Payment shall be mailed to Planning Consultant within fourteen days of City’s approval.
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(e) Audit of Records. Planning Consultant shall maintain complete and accurate records of all payrolls, expenditures, disbursements and other cost items charged to the City or establishing the basis for an invoice. All such records shall be clearly identifiable. Planning Consultant shall allow City Administrator to inspect, examine, copy and audit such records during regular business hours upon 24 hours notice.

4. TIME FOR PERFORMANCE:
(a) Planning Consultant will perform the services according to a scope agreed to by both parties.

If additional funding is not authorized to pay for professional services beyond those services authorized by the Notice to Proceed in this Agreement, City and Planning Consultant shall negotiate modifications to the schedule to accommodate the availability of funds. If the schedule calls for the services to be performed in phases or discrete increments, Planning Consultant shall not proceed from one phase or increment to the next without written authorization from the Contract Administrator. Unless there are subsequent modifications to the schedule, the Planning Consultant will complete all services by as shown on the schedule. In the event of a dispute between the parties concerning the interpretation of this Agreement, Planning Consultant shall not be excused from any scheduled completion date provided for by this Agreement, but shall diligently proceed with all Services to be performed. No Services shall be delayed or postponed by Planning Consultant, pending resolution of any disputes with the City unless otherwise agreed to by both parties in writing.

The services shall be performed on a continuous, ongoing basis. Planning Consultant will meet with the Contract Administrator as needed to evaluate workload and schedule upcoming activities and staffing needs. The Planning Consultant and Contract Administrator will set mutually acceptable timing requirements at the time the work to be performed is assigned. Planning Professional shall submit all requests for extensions of time for performance in writing to the Contract Administrator no later than ten calendar days after the start of the condition allegedly causing the delay, and not later than the date on which performance is due. Contract Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond the control of the Planning Consultant.

For all time periods not specifically set forth in this Agreement, the Planning Consultant shall respond in the most expedient and appropriate manner under the circumstances, including but not limited to telephone, fax, hand delivery, email, or mail.
(b) Extension of time for unforeseen circumstances. In the event that the Planning Consultant is unable to meet the completion date or schedule of services, if any, due to circumstances beyond Planning 177
Consultant’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, except strikes, lockouts, or work slowdown or stoppage of Planning Consultant’s employees or subcontractors, acts of god, such as floods or earthquakes, and electrical blackouts or brownouts, Planning Consultant shall inform the Contract Administrator of the additional time required to perform the work and the Contract Administrator may adjust the schedule.

City has relied upon the professional training and ability of Planning Consultant to perform the services and Scope of Services hereunder as a material inducement to enter into this Agreement. Planning Consultant shall therefore provide properly skilled professional and technical personnel to perform all services required by it to be performed under this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Planning Consultant to perform Services pursuant to this Agreement, Planning Consultant shall remove any such person immediately upon receiving written notice from City of its desire for removal of such person or persons.

All compensation payable to Planning Consultant hereunder shall be paid by City. Planning Consultant acknowledges and recognizes that Services under this Agreement have its source from tax dollars from tax payers of the State of California and that, given this fact, a heightened duty of care exists in Planning Consultant to ensure that Planning Consultant scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of and completing the pursuant to this Agreement (b) Planning Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by the City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by the City. (c) Planning Consultant's responsibilities under this section are shall not be delegated. Planning Consultant shall be responsible to the City for acts, errors, or omissions of Planning Consultant's subcontractors. (d) Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by the City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this contract and determining whether the Planning Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not does not relieve the Planning Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Planning Consultant. 178

6. INDEPENDENT CONTRACTOR:

Planning Consultant is an independent contractor. Neither Planning Consultant nor any of Planning Consultant's officers, employees, agents, or subcontractors, if any, is an employee of the City by virtue of this contract or performance of any work under this contract. Planning Consultant is not a designated employee within the meaning of the Political Reform Act because Planning Consultant:
i. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendations, or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation, or counsel.
ii. Does not make or participate in the making of any governmental decisions regarding approval of a rate, rule, or regulation, the adoption or enforcement of laws; iii. Does not make or participate in the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement; iv. Does not make or participate in authorizing the City to enter into, modify, or renew a contract; v. Does not make or participate in granting City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; vi. does not make or participate in granting City approval to a plan, design, report, study, or similar item;
vii. Does not make or participate in adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof. viii. Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.

7. SUCCESSOR AND ASSIGNS:

All representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Planning Consultant’s duties be delegated, without the express written consent of the City. Any attempt to assign or delegate this Agreement without the express written 179
consent of City shall be void and of no force or effect. Consent by City to one assignment shall not be deemed to be consent to any subsequent assignment.

The parties hereto recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience, and competence of Planning Consultant. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of Planning Consultant’s duties be delegated, without the express written consent of City. Any attempt to assign or delegate this Agreement without the express written consent of City shall be void and of no force or effect. Consent by City to one assignment shall not be deemed to be consent to any subsequent assignment. Planning Consultant shall provide qualifications of assignees for review by City, which will not unreasonably withhold consent.

Neither Planning Consultant nor Planning Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Planning Consultant. The City shall not 180
be required to pay any workers' compensation insurance on behalf of Planning Consultant. (d) Indemnification for Employee Payments. Planning Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which the City may be required to make on behalf of Planning Consultant or any employee of Planning Consultant, or any employee of Planning Consultant construed to be an employee of the City, for work done under this contract. This is a continuing obligation that survives the termination of this contract.

10. FAIR EMPLOYMENT PRACTICES:
(a) Civil Rights Act. Planning Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted. (b) Indemnification for Employee Behavior. To the fullest extent permitted by law and without limitation by the provisions of Section 19 relating to insurance, the Planning Consultant shall also indemnify, defend and hold harmless the City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Planning Consultant or any of the Planning Consultant's officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of the Planning Consultant or its subcontractors, the Planning Consultant shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors.

The provisions of this Section survive completion of the services or termination of the Contract.

11. WORKPLACE CONDUCT AND BEHAVIOR:

12. OWNERSHIP OF WORK PRODUCT:

Planning Consultant agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Planning Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. In return for Planning Consultant’s relinquishment of ownership, CITY agrees to waive any claim against Planning Consultant and indemnify and hold Planning Consultant harmless from any claim or liability for injury or loss arising from unauthorized re-use of Planning Consultant’s instruments of service 181
by CITY.

13. DELIVERABLES:

14. CHANGES IN WORK:

15. CONFIDENTIALITY:
(a) Confidential Nature of Information. Planning Consultant shall treat all information obtained from the City in the performance of this contract as confidential and proprietary to the City. Planning Consultant shall treat all records and work product prepared or maintained by Planning Consultant in the performance of this contract as confidential.
(b) Limitation on use and disclosure. Planning Consultant agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Planning Consultant's scope of work. Planning Consultant will not disclose any information prepared for the City, or obtained from the City or obtained as a consequence of the performance of work to any person other than the City, or its own employees, agents or subcontractors who have a need for the information for the performance of work under this contract unless such disclosure is specifically authorized in writing by the City.
(c) Security plan. If requested by the Contract Administrator, Planning Consultant shall prepare a security plan to assure that information obtained from the City or as a consequence of the performance of work is not used for any unauthorized purpose or disclosed to unauthorized persons. Planning Consultant shall advise the City of any request for disclosure of information or of any actual or potential disclosure of information.
(d) Survival. Planning Consultant’s obligations under this paragraph shall survive the termination of this contract.

16. PROHIBITED INTEREST:

No official or employee of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving this contract, shall 182
become directly or indirectly interested in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof Planning Consultant agrees that its firm has not employed or retained any company or person, other than a bona fide employee working for Planning Consultant, to solicit or secure this contract, and that Planning Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this contract. For breach or violation of this provision, the City shall have the right to terminate this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.

17. CONFLICT OF INTEREST:

Planning Consultant will immediately advise the City’s Administrator and the City Attorney if Planning Consultant learns of a financial interest of Planning Consultant's during the term of this contract. If Planning Consultant’s participation in another City project would create an actual or potential conflict of interest, in the opinion of the City, the City may disqualify Planning Consultant from participation in such other project during the term of this Contract.

18. INDEMNIFICATION:

To the fullest extent permitted by law, whenever Planning Consultant and Planning Consultant’s Related Parties are performing services Planning Consultant shall indemnify, defend (at Planning Consultant’s sole cost and expense and with legal counsel approved by City, which approval shall not be unreasonably withheld), protect and hold harmless City and City’s Related Parties (collectively, the “Indemnified Parties”), from and against any and all Liabilities of every kind and nature whatsoever (individually, a “Claim”; collectively, “Claims”) which may arise from or in any manner relate to (directly or indirectly), arise out of, or pertain to the negligence, recklessness, or willful misconduct of Planning Consultant’s Activities, but this indemnity does not apply to liability for damages arising from the negligence, active negligence, or willful acts of the City and City’s Related Parties provided such active negligence is determined by agreement between parties or by the findings of a court of competent jurisdiction. Instances where Indemnified Parties are shown to have been actively negligent and where Indemnified Parties active negligence accounts for only a percentage of the liability involved, the obligation of Planning Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of Indemnified Parties. Planning Consultant’s obligations under this section apply regardless of whether or not such Liabilities was caused in part or contributed to by Indemnified Parties.

For purposes of defense and indemnification relating to this Agreement:
i. “Liabilities” means liabilities, lawsuits, claims, judgments, demands, clean-up orders, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs, expenses, loss, penalties and other detriments of every nature and description whatsoever, including all costs and expenses of litigation or arbitration, attorney’s fees (whether City’s or Planning Consultant's staff attorneys or outside attorneys) and court costs, whether under state or federal law except liabilities caused by the sole negligence or willful misconduct of the indemnified party. ii. “City’s Activities” means liability for death or bodily injury to persons, injury to property, or other loss arising out of actions that are the sole negligence, willful misconduct or defects in design furnished by City or arising from the active negligence of City. iii. “City and City’s Related Parties” means City and City’s elected officials, officers, volunteers, representatives, partners, designees, attorneys, employees, agents, successors and assigns, and any lender of City with an interest in the Project that is the subject of this contract. iv. “Planning Consultant and Planning Consultant’s Related Parties” includes Planning Consultant and its respective officers, directors, shareholders, members, partners, agents, employees, subcontractors, Planning Consultants, licensees, invitees, guarantors or affiliates. "Affiliates" means a person that directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the Planning Consultant, where construction or interpretation of "control" shall be governed by Rule 144 of the Securities Act of 1993. Planning Consultant shall use best efforts, or cause such persons to use best efforts, to provide City's legal counsel all reasonably necessary information relevant to such persons, including proper and legal corporate names and relationship (or lack thereof) to Planning Consultant's articles of incorporation, certificates of good standing, and other documentation related directly or indirectly to alleged liabilities. v. “Planning Consultant’s Activities” means any actions or omissions of Planning Consultant or Planning Consultant’s Related Parties in the performance of this Agreement directly or indirectly arising from Planning Consultant or Planning Consultant’s Related Parties Scope of Services and as set out in as well as any breach of representation or warranty of Planning Consultant set forth in this Agreement, including Exhibit A and Exhibit B, of which are hereby incorporated in this Agreement.

The provisions of this Section shall survive termination of this Agreement and Sections relating to insurance does not limit its provisions.
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20. ACCIDENT REPORTS:

21. COVENANT AGAINST CONTINGENT FEES:

Planning Consultant agrees that its firm has not employed or retained any company or person, other than a bona fide employee working for Planning Consultant, to solicit or secure this contract, and that Planning Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this contract. For breach or violation of this provision, the City shall have the right to terminate this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.

22. TERMINATION OR ABANDONMENT:

City’s Rights. The City has the right to terminate or abandon any portion or all of the work by giving 10 days written notice. Upon receipt of a notice of termination, Planning Consultant shall perform no further 185
work except as specified in the notice. Before the date of termination, Planning Consultant shall deliver to City all work product, whether completed or not, as of the date of termination and not otherwise previously delivered. The City shall pay Planning Consultant for services performed in accordance with this contract before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by the City and Planning Consultant for the portion of work completed in conformance with this contract before the date of termination. In addition, the City will reimburse Planning Consultant for authorized expenses incurred and not previously reimbursed.

The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

The Services of Planning Consultant may be immediately terminated, without notice, at any time prior to the expiration of the term of this Agreement by:

1. The occurrence of circumstances that make it impossible and impractical for the business of City to be continued;

2. The death of the Planning Consultant or City;

3. The loss of the Planning Consultant or City of legal capacity;

4. The loss by the City or Planning Consultant of the legal capacity to contract;

5. Habitual neglect by the Planning Consultant of Planning Consultant's duties, unless waived by the City;

6. Continued incapacity on the part of the Planning Consultant to perform his/her duties, unless waived by the City;

7. If the City ceases the operation of all its operations in this area, then this Agreement shall terminate as of the effective date of the discontinuance of such operation.

23. SUCCESSORS OR ASSIGNS:

24. DAMAGE OR LOSS OF EQUIPMENT OR FACILITIES:
(a) General Obligation. Planning Consultant shall pay to the City the replacement cost of any equipment or repair cost of any facilities provided by the City for Planning Consultant's use in performance of services that is lost or damaged by Planning Consultant or Planning Consultant's officers, employees, agents, or subcontractors.
(b) Keys. During the term of the contract, Planning Consultant may be issued keys to City facilities in order to perform the scope of work. Keys shall not be loaned, duplicated, or given to anyone not authorized to have the keys. Planning Consultant will sign for each key and each key will be returned to the project Administrator when access to that area is no longer authorized, or at the end of the contract term, whichever is applicable. Should keys become lost or stolen, Planning Consultant shall immediately notify the Contract Administrator. A charge will be assessed for all expenses incurred by the City, including the replacement of locks, lock cores, keys, and other materials necessary to ensure the City security level is returned to the same level existing prior to the loss of the key(s).

25. ELECTRONIC COMMUNICATIONS:

Occasionally, a virus will escape and go undetected as it is passed from system to system. Although each party will use all reasonable efforts to assure that its communications are virus free, neither party warrants that its documents will be virus free. Each party agrees to advise the other if it discovers a virus in its respective system that may have been communicated to the other party.

26. LAWS AND VENUE:

27. ADMINISTRATION:
(a) Planning Consultant's business identification. Planning Consultant's agent for service of process is [Billing Contact Name and Address]. Planning Professional is a California corporation composed of 187
duly California licensed professionals. Planning Consultant's California Secretary of State’s identification number is ________. Planning Consultant's Federal ID Number or Social Security Number under which payments will be reported on a W-9 before the first payment under this agreement is processed.

Planning Consultant's contact information is:

Address:

Phone:

Fax:

The City may change the Contract Administrator at any time upon notice to the Planning Consultant. (c) Planning Consultant's Representative. The Planning Consultant's representative for administration of this contract is Jason Drew who is designated as the Project Administrator. The Planning Consultant may change the Project Administrator upon written notice to and approval by the Contract Administrator. (d) Notices. Any notice or instrument required to be given or delivered by law or this contract shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to:

City:

City of Yreka Public Works Department Attn: Contract Administrator 701 4th Street,
Yreka, CA 96097
With a copy to:

Dohn R. Henion Yreka City Attorney
280 Fairway village Ln. Roseburg, OR 97471
Planning Consultant:

Either party may change the address or identity of the person for notices under this paragraph by written notice to the other delivered in accordance with this paragraph. 188
(e) Routine Administrative Communications. Routine administrative communication required to be in writing may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Planning Consultant and Contract Administrator.

28. ADVICE OF COUNSEL:

29. INDEPENDENT REVIEW:

30. TIME:

Time is of the essence in this contract. Any reference to days means calendar days unless otherwise specifically stated.

31. ASSIGNMENT OF ANTI-TRUST CLAIMS:

The Planning Consultant offers and agrees to assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchases of goods, services, or materials pursuant to the contract. This assignment shall become effective at the time the City tenders final payment to Planning Consultant, without further acknowledgment by the parties. The Planning Consultant shall have the rights set forth in Sections 4553 and 4554 of the Government Code.

32. TAXES:

The Planning Consultant shall pay all applicable federal, state, and local excise, sales, business license, consumer use, and other similar taxes required by law for the execution of the work.

33. SEVERABILITY.

If any provision of this Agreement is held to be unenforceable, the remaining provisions of this Agreement are severable and shall remain valid and enforceable.

34. AMENDMENTS.

This Agreement may be amended at any time only by mutual written consent of the parties.

35. WAIVER.
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A waiver by any party of any breach of any term, covenant or condition herein contained or a waiver of any right or remedy of such party available hereunder at law or in equity shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained or of any continued or subsequent right to the same right or remedy. No party shall be deemed to have made any such waiver unless it is in writing and signed by the party so waiving.

36. COMPLETENESS OF INSTRUMENT.

37. SUPERSEDES PRIOR AGREEMENTS.

38. ATTORNEY’S FEES.

39. COMPLIANCE WITH LAWS.

40. COUNTERPARTS.

This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

41. OTHER DOCUMENTS.

The parties agree that they shall cooperate in good faith to accomplish the object of this Agreement and to that end, agree to execute and deliver such other and further instruments and documents as may be necessary and convenient to the fulfillment of these purposes.
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42. AUTHORITY.

IN WITNESS WHEREOF, the parties have executed this contract on the following date. “Planning Consultant” “City”
Precision Civil Engineering, Inc. City of Yreka, A Municipal Corporation ___________________________ _______________________________ Edward D. Dunkel Jr. Jason Ledbetter
President & CEO, Precision City Manager
ATTEST: ATTEST:
__________________________ ______________________________ Rhetta Hogan
City Clerk
Exhibit A: Scope of Work
Exhibit B: Fee Schedule
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EXHBIT “A”
Scope of Work
192
EXHIBIT “B”
Fee Schedule
193
EXHIBIT “C”
Consultant Insurance
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SCOPE OF SERVICES

SCOPE OF SERVICES TO BE OFFERED
PCE's Scope of Services is presented below. Within the proposed scope, we describe how we will implement the project and respond to the various tasks identified by the City of Yreka.

2. Training
PCE staff can provide a variety of training for city staff, City Council, and Planning Commission. We have successfully implemented numerous ordinance and text amendments, which required staff training on implementation of said amendments to the members responsible for seeing them through. Additionally, in creating accessory dwelling unit (ADU) programs from scratch in several cities, PCE has prepared workshops for commissioners and councilmembers to ensure all city staff is trained on the new policies and provide the necessary instruction to implement a successful policy. The PCE team regularly presents at conferences and webinars to share best practices and lessons learned from working on different types of projects in cities throughout the state. In addition, our staff regularly attends trainings to remain current on the everchanging policies including housing and environmental issues to better serve the cities requesting services. Our services and areas of expertise include:
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Initial Study/ Mitigated Negative Declaration Preparation Coordination of the CEQA process
Coordination of the NEPA process
Preparation of required technical studies
Review and Analysis of technical studies
Mitigation Monitoring/Compliance Verification
Consultation on type of analysis required and preliminary environmental review Third-party review of environmental documents prepared by others Tribal Consultation

ADU programs
Multifamily streamlining and facilitation programs
Text amendments increasing or eliminating density caps
Clearing housing projects through the CEQA process

Argonaut Ecological Consulting, Inc.
$200
$140
$120
$100
Position
Position/Work Hourly Rate
Hourly Rate

BILLING STRUCTURE

HOURLY BILLING & DIRECT RATES FOR TEAM
PCE's proposed billing structure is provided as follows.

Overhead is included in labor rates, otherwise, only direct costs are charged. No markups are charged on expenses.
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Prepared by: Rhetta Hogan, Assistant City Manager
Agenda Title: Award contract to Siskiyou County Economic Development Council for Economic Development Grant Services
Meeting date: August 2, 2022
Recommended Action:

Motion to award the contract for Grant Writing, Administration, Labor Standards Compliance Services, Project Management and Implementation of Community Development Block Grant Programs and Other State and Federal Grant Programs for the City of Yreka’s Economic Development Grants (non-design and non-construction) to the Siskiyou County Economic Development Council and authorize the City Manager to sign all necessary documentation.

Summary:

The City of Yreka recently prepared and issued a Request for Proposals for Grant Writing, Administration, Labor Standards Compliance Services, Project Management and Implementation of Community Development Block Grant Programs and Other State and Federal Grant Programs services for the City of Yreka’s Economic Development Grants (non-design and non-construction). The City Selection Committee evaluated the proposal received for consistency with the RFP criteria for evaluation. The Committee recommends the City enter a multi-year contract with Siskiyou County Economic Development County to help economic development grant applications, administration, and program implementation.

Background:

The City of Yreka has need to utilize economic development grant services in support of the City’s goals.

The professional services contract formalizes the relationship between the Siskiyou County Economic Development Council and the City for specific grant services, initially the Community Development Block Grant, Economic Development for grant writing, administration, and implementation services.

Grant Funding and Research:

The SCEDC has demonstrated its capability for ongoing research and monitoring of grant funded activities, like the City’s proposed application with the CDBG ED grant for $750,000. That grant would assist businesses within the City affected by construction impacts from major state and local road rehabilitation. The SCEDC has a successful historical relationship in working with the City and other cities within Siskiyou County in researching and funding grant funding opportunities, most recently, EPA, EDA and also CDBG as a subrecipient agent for the City.

Grant Administration:
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In the proposal, the SCEDC would assist the City in compliance, reporting and public information aspects of economic development grant administration. The SCEDC staff is local, committed to the community, and affords the City direct access to project staff.

Grant Implementation:

The SCEDC has detailed in its proposal for CDBG ED grant application, a program unique to Yreka’s economic and local business to help mitigate impacts, for businesses still reeling from COVID downturns to the current four-year construction cycle from major state and local road rehabilitation and the related business disruption.

Fiscal Impact:

The cost of the consultant is generally covered by successful grant awards. Additional tasks with economic development activities will be administered on a project basis utilizing task order authority within the City and the existing departmental budgets. There would be additional impact (cost/appropriation) to the city’s budget.

Staff Recommendation:

The City Selection Committee reviewed the application Planning Department, Finance, and Assistant City Manager. The award criteria set forth was:
• Demonstrated understanding of the requested work and responsiveness to the request for proposal.
• Firm expertise and competence including experiences processing current economic development projects.
• Experience with Economic Development Grants.
• Excellent written and verbal communication skills.
• Professional qualifications and experience of individuals likely to be assigned to the city. • Proposed compensation rates.
• Reference recommendations.

The SCEDC is qualified to assist with a variety of economic development grant programs and consulting services. SCEDC would operate like the City Engineer, PACE, in that they would identify and apply for economic development grants on behalf of the City and be reimbursed and funded through successful grant awards.

Attachments:

1. SCEDC Proposal

2. RFP and Proposed Professional Services Agreement
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Project
Proposal
Prepared for
Proposal Issued :

City of Yreka
704 Fourth Street.,
Yreka, CA 96097
7/26/2022
(530) 340-6101
[email protected]
Prepared by
Siskiyou Economic Development Council
1512 S. Oregon Street .,
Yreka, CA 96097
(530) 842-1638
[email protected]
www.siskiyoucounty.org
Economic Development Grant Writing, Administration, and Implementation 200
July 26, 2022
Rhetta Hogan
Assistant City Manager
City of Yreka
701 4th St
Yreka CA, 96097
Dear Ms. Hogan,
The Siskiyou Economic Development Council (SEDC) is pleased to submit an application in response to the City of Yreka’s published Request for Proposal for Economic Development Grant Writing, Administration, and Implementation. Serving Siskiyou’s communities for 36 years, the SEDC is prepared to offer expert support to the City of Yreka. The SEDC is a longstanding, mission-driven, qualified nonprofit, governed by esteemed local business leaders and with deep connections to the community. For decades, SEDC has partnered with the City of Yreka and nine other local jurisdictions, including the County, in support of economic development efforts. Our most recent Memorandum of Understanding with the City of Yreka was renewed in 2019 for a five-year term.

Our team is highly qualified to support the City throughout the grant processes, from application, to program design, to implementation and execution. Led by Executive Director Tonya Dowse, who has over 20 years of experience in economic development, the SEDC has experienced, professional staff with expertise in areas including:
• Small business finance, lending, and underwriting
• Accounting/Bookkeeping
• Grant Administration
The SEDC has a history of success implementing large scale, economic development programs, including CDBG, EDA and EPA funded programs. Additionally, the SEDC has hosted the County’s Small Business Development Center (SBDC) since 2016. Through its collaboration with Siskiyou businesses, local governments, and state and federal agencies, the SEDC is uniquely positioned to serve a multifaceted role seeking, administering, and implementing a diverse portfolio of economic development activities.

Please see below and attached our Key Staff, Scope of Services, Relevant Experience, Current Client List, and other applicable information as per the Request for Proposal’s (RFP) requirements. The Siskiyou EDC agrees to meet all State and Federal requirements included in this RFP.

Thank you,
Tonya Dowse
Executive Director
Siskiyou Economic Development Council
1512 S. Oregon Street | (530) 842-1638 | www.siskiyoucounty.org 201

2. Key Staff
If selected, the proposed Project Manager and Point of Contact for CDBG Activities will be Quintin Gaddy, the Director of the Siskiyou Small Business Development Center (SBDC), which is hosted by the applicant, Siskiyou Economic Development Council (SEDC). Quintin will serve as the chief program architect, write the grant application, and serve as the Project Manager. Quintin has written and been awarded four separate Community Development Block Grant–Economic Development Activities for numerous jurisdictions across Siskiyou County in the past two years and advised cities and counties across the State of California on the design of their CDBG programs including Shasta, Trinity, and Colusa Counties. Quintin will oversee the project from initiation through its completion. Quintin will be responsible for the day-to-day management and administration of the project and will ensure that it is completed on time, within budget, and in compliance with required CDBG National Objectives and Public Service benefits.

If selected, the proposed Project Manager and Point of Contact for EDA and EPA Activities will be Alia Roca-Lezra. Alia is the Program Manager for Strategic Initiatives and oversees the Brownfields and several EDA programs at SEDC. For Brownfields activities, Alia will conduct outreach, maintain site inventory, procuring and overseeing contractors, and complying with federal grant reporting requirements. In addition, Quintin and Alia will be supported by the following key staff:
• Tonya Dowse, Executive Director, will provide general management, coordination, and oversight of the program. Tonya has been the Executive Director of SEDC for 15 years and brings over 20 years of experience in economic development. Tonya has demonstrated expertise in effectively overseeing and staffing a wide range of grant-funded activities.
• Jennifer Thackeray, Finance Director, will oversee all financial transactions, contracts, payments, and expenses that will be billed to the grant contract. Jennifer is required to sign off on all authorized transactions in addition to the Project Manager, as part of SEDC’s fiduciary management policies.

Jennifer works closely with an outside CPA, Aiello Goodrich and Teuscher (AGT) in Mt Shasta, CA, to issue payments and provide payroll services.
• Emma Iannios, Compliance Manager, will provide administrative support to the program and will assist with all record-keeping, grant compliance requirements, and monitoring of performance metrics.

Emma will help review applicant documents and ensure they are completed correctly and accurately. • Jason Young, Business Development Manager, will provide direct client assistance, and will help facilitate technical assistance provided directly to the businesses who participate in the program. 202
• Kory Hayden, Program Manager for Community and Investor Initiatives, will provide as a pointperson for community-level engagement with businesses, lending institutions, and philanthropic organizations. Kory serves as a board member of the Siskiyou Revitalization Network and Miner Street Merchants Action Team and has strong relationships with many of the business owners in Yreka. Kory will help facilitate communications between the EDC and community.

See the attached Appendix A for Organizational Chart and Staff Resumes 203

3. Scope of Services
A. Funding Needs Analysis
Local private lending institutions, including bank and non-bank lenders Local philanthropic organizations
Additional state and/or federal funding opportunities
Opportunities for partnership or coalition building with neighboring and regional jurisdictions and organizations
The Siskiyou Economic Development Council (SEDC) has a direct relationship with City staff due to our ongoing Memorandum of Understanding and our implementation of previously awarded grants, including the Community Development Block Grant (CDBG) to fund planning work for the Carnegie Library building in Yreka, the Yreka Coalition Brownfields Program funded by the Environmental Protection Agency (EPA), and Yreka Business Incubator and Industry Cluster Analyses funded by the Economic development Administration (EDA). We will leverage these relationships to solicit direct feedback from City staff to design aspects of the CDBG, Brownfields, EDA, and other programs going forward and to designate priority areas. The SEDC will work to build equitable programs, and may designate set-asides for disadvantaged businesses and communities in our region. Throughout the program, the SEDC will closely monitor progress and program direction, using various data collection tools, to make real-time adjustments.

The SEDC will work closely with the City of Yreka staff on program design, mechanics, organization, and development of various activities. The SEDC will be sure to include input from the community leaders and business owners who will be impacted by the programs, City staff, and City Council members. The SEDC will be mindful of the regulations and conditions of federally funded activities and will ensure that the program’s overall design conforms to the legal requirements of the programs.

The SEDC will continue supporting the City’s current EPA and EDA programs and select programs that the City identifies as priorities in the 5-year contract period. If additional funding opportunities emerge from these sources that align with City priorities, the SEDC will assist the City in seeking that funding. For CDBG specific projects, the SEDC will work to identify potential sources of supplementary funding that could serve as non-required match to the CDBG award, other resources that could help individual businesses, and opportunities that align with other City funding and objectives. This can include but is not limited to:
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B. Grant Funding Research
Community Development Block Grant: administered by the U.S. Department of Housing and Urban Development and sub granted by the CA Department of Housing and Community Development, it currently offers $750,000 over three years for economic development activity with no match requirement.

Local Philanthropic Organizations: amongst others, this includes the Ford Family Foundation, which has funded work on the Carnegie Building, and the Community Foundation of the North State, which funds work in Northern California and is located in Redding.

Private Financial Institutions: The SEDC will contact representatives of banks, credit unions, and other financial institutions to discuss funding opportunities; there is a higher likelihood of securing unrestricted funds from these types of institutions, given their direct relationships with many small businesses in the county.

Environmental Protection Agency Brownfields Program: EPA's Brownfields Program provides funding for brownfields assessment, cleanup, revolving loans, environmental job training, technical assistance, training, and research. The maximum available funding ranges from $500,000 over 3 years (Assessment) to $2 million over 4 years (Revolving Loan).

Economic Development Administration: EDA’s grant programs are designed to leverage existing regional assets to support the implementation of economic development strategies that advance new ideas and creative approaches to advance economic prosperity in distressed communities. On average, EDA commits $117 million to non-construction projects and $243 million to construction projects per year.

The SEDC will conduct ongoing research and monitoring of the funding landscape to ensure sufficient support for the City’s economic development work. We will prioritize funding from the following sources:

C. Grant Proposal Development
The SEDC has extensive experience completing CDBG, EDA, and EPA applications in the State of California. The SEDC keeps a talented grant writer on contract and SEDC budgets for the staff time needed to maintain a consistent pipeline of grant applications. Each of these funding sources has its own method of noticing, receiving, and reviewing grant opportunities, so the SEDC will curtail each potential proposal to conform to their respective funding requirements. 205
CDBG
Labor force and demographic data from the US Census 2020 and ACS 2015-2019 Projections Industry concentration and employment data from the Employment Development Department (CA EDD)
In-house metrics from the Small Business Development Center on business capital infusion in Siskiyou County
Given the design of the eCivis reporting platform that CDBG applications use in California, the City of Yreka will be the only entity who is eligible to submit an application on the City’s behalf. To overcome this logistical obstacle, the SEDC will develop a complete application ‘offline’ that it will securely share with the City of Yreka to seek approval. However, it will be incumbent upon the City to transfer that information to their own submission platform by the Notice of Funding Availability (NOFA) deadline, which is a statutory requirement for CDBG funds.

The SEDC will utilize its expertise in economic development to author a market analysis, a comprehensive requirement for CDBG-funded economic development activities, to support the grant application that utilizes data from the following sources:

In addition, the SEDC will author the initial program design, draft program guidelines, tasks and deliverables narratives, and budget for the proposed program(s). Lastly, the SEDC will work to identify the documents and requirements that will need to be met and completed by the City in a timely manner.

EPA
EPA requires that the Authorized Organization (City) Representative submit the grant application via Grants.gov. As with the CDBG application process, the SEDC will develop a complete application separately that it will share with the City of Yreka to seek approval prior to submission. It will then be up to the City to upload all application documents to their Grants.gov portal by the application deadline.

With City input, SEDC will author the initial program design, narrative information sheets and narrative, threshold criteria responses, draft budget outline, other required federal forms, and identify the documents and actions required of the City. SEDC will leverage its regional and local knowledge and prior brownfields experience to craft a compelling and informed grant application. In addition, the SEDC will ensure that the applications align with the economic development priorities of the City.

EDA
EDA requires that the applicant (City) be registered in the System for Award Management (SAM) for the duration of the application process and provide a valid unique entity identifier (UEI) prior to submitting an application. As with the EPA and CDBG application workflows, SEDC will develop the application materials separate from the submission platform and send them to the City to seek approval before the application deadline. The City will then need to submit all application documents to Grants.gov by the application deadline.
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SEDC will draft federal financial forms, project narratives, budget narratives, and assist with other project-specific documents that might be required. Applications will be guided by the economic priorities of the City and the SEDC’s regional and local knowledge as it applies to EDA programs.

D. Grant Administration
Compliance, Reporting, and Public Information
The SEDC will integrate all new CDBG, EDA, and EPA reporting requirements into its existing quarterly and annual reporting calendars, which are overseen by the Compliance Manager, who ensures all reports are completed by their respective deadlines and all document requests are made in a timely manner. The Compliance Manager communicates with all Program Managers across the organization and coordinates their needs with the Finance Director, who provides all official records, invoices, and payments. All Compliance policies and procedures, including procurement and record retention policies, are governed by the SEDC’s Accounting and Compliance Manual.

The SEDC’s office is located in Yreka, CA, making it convenient for staff to attend any and all public meetings, as requested by the City of Yreka. The SEDC has extensive experience putting numerous staff in front of the Yreka City Council in public meetings and workshops, is prepared to field any inquiries from the public, and committed to remaining accessible and transparent.

Monitoring and Performance
The SEDC will establish a dedicated SharePoint/database to store all files and records that will be a part of the program and required for monitoring, from application submission through closeout. This SharePoint will allow City staff to securely access pertinent program files 24/7 without compromising any potentially sensitive information. This SharePoint will also permit the EDC and City of Yreka to quickly respond to any desk monitoring requests from the CA Department of Housing and Community Development, US EPA, or US EDA. The SEDC uses a standardized cataloging system to organize all of its program folders, with a consistent organization scheme that is numerically categorized by file type and easy to navigate.

The SEDC will work closely with staff from the City of Yreka to ensure that all state and federal overlay requirements are met and maintained throughout the duration of the program(s). In the event that either the SEDC or the City of Yreka fails or is at risk of failing one of these overlay requirements, the SEDC will notify the City immediately and work to ameliorate the issue. This can most likely occur if an active debarment registration on SAM.gov expires, if CDBG National Objectives are not being met on a continual basis, if CDBG public service benefits are not met on a project-level basis, or if other program milestones are not met.
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Upon closeout of the program(s), the SEDC will provide the City of Yreka with a closeout manual that will dictate record retention requirements, program accomplishments, and any ongoing program requirements that the City will be responsible to uphold. This will include all documents needed to ensure that the public information requirements of CDBG are properly met, such as closeout resolutions. The SEDC maintains an official record retention policy for all Program Managers that requires all records of grant applications and activities are to be maintained for a minimum of five years, and all invoices and financial information must be maintained for a minimum of seven years.

Communications and Interactions with Grantor(s)
The SEDC enjoys a strong working relationship with the statewide and federal granting agencies listed in the RFP, the California Department of Housing and Community Development (HCD), the US Economic Development Administration (EDA), and the US Environmental Protection Agency (EPA). The SEDC remains in good standing on all its active CDBG, EDA and EPA contracts. The SEDC often provides technical assistance and peer-to-peer advising to other grantees across the state, and its best practices are shared by HCD. Staff from the SEDC have additionally led trainings for other grantees in collaboration with HCD.

The SEDC will help facilitate interactions and communications between the City and grantors, and will work to troubleshoot or problem-solve any potential errors that can occur from co-administering digital grant reporting portals, including eCivis, US Treasury’s ASAP system, and US EPA’s ACRES reporting system. Additionally, the SEDC will work with HCD, EPA, and EDA to ensure that the City remains apprised of and in compliance with all applicable federal and State requirements.

E. Grant Implementation
The SEDC will implement a phased approach to the development of program(s), broken into three main phases, followed by a closeout phase. These phases will be demarcated by the attainment of numerous milestones that are accompanied by key deliverables. Phases 2 through 4 will be contingent upon award of grant(s) and other funding sources to the City of Yreka. 208
The first phase of program activity will include the preliminary design of the proposal, the development of a needs analysis for the community, and the completion of a written grant application.

The SEDC will provide the City with a completed application and all pertinent attachments/appendices to review before submission. The SEDC will ensure adequate time for review prior to the submission deadlines.

The SEDC will work with staff from the City of Yreka to meet all federal threshold requirements needed to execute a standard agreement with CA HCD, US EDA, or US EPA.

The SEDC will provide the City of Yreka with a finalized grant application and attachments to the City of Yreka.

The second phase will be contingent upon award of the respective grants. This phase will be primarily composed of Program set-up and housekeeping. The SEDC will ensure that the City completes all its threshold requirements needed to establish program(s). Upon execution of a standardized agreement between the City of Yreka and granting agencies, the SEDC will commence building out the program(s).

Staff from the SEDC will utilize their expertise in CDBG, EDA and EPA grant writing to complete the respective applications application. SEDC staff will coordinate with staff from the City of Yreka on what documents will need to be prepared by each responsible entity. This can include but is not limited to: TIN Verifications, NEPA reviews, Public Information documentation, staff verifications, and Census Tract designations.

The SEDC will develop a preliminary program design that conforms to the State and Federal guidelines. However, it will tailor program activities to support local economic development priorities of the City.

The SEDC will develop a sequestered, comprehensive database that can be accessed by City staff via their official email credentials. This database will house all pertinent program files, from the grant application records through applicant files. This database will be encrypted, and its access will be restricted to authorized users. Staff from the SEDC will work with City staff to develop reporting procedures and a schedule of expected internal reporting deadlines Phase 1. Preliminary Program Design and Proposal
Phase 2. Program Administration and Management (Contingent upon funding) Key Milestone 1.3: Grant Submission
Key Milestone 1.2: Grant Application Review
Key Milestone 2.1: Execute Agreement with Granting Agency Key Milestone 1.1: Grant writing and preliminary program design Key Milestone 2.2: Establish Monitoring System, Database, and Reporting Procedures 209
that conforms to CA HCD’s and US EPA’s quarterly reporting requirements, and the US EDA’s semiannual reporting requirements.

The SEDC will utilize its existing grant management resources and digital assets to develop program materials, including both client-facing and staff-facing documents, portals, and records.

The EDC will host a dedicated webpages for programs that have public facing requirements, and will build a secure, encrypted application through the Software Service JotForm for programs that provide business services.

For public facing programs, the SEDC will lead a marketing campaign to inform businesses and stakeholders of the program(s). This campaign may include but is not limited to:

The SEDC currently has the organizational infrastructure needed to immediately implement any program(s) upon execution of a standard agreement.

CDBG economic development activities will be operated primarily through the Siskiyou Small Business Development Center (SBDC), which is already designed to facilitate direct business advising and technical assistance. All participants will be requested to sign up for SBDC services, so they are eligible to receive technical assistance. This will provide the CDBG program budget with more flexibility to fund businesses directly, as staff time spent working directly with businesses will be funded through a separate preexisting budget and program.

EDA and EPA programs will be operated primarily through the Strategic Initiatives wing of the SEDC, which currently administers several EPA and EDA contracts.

The SEDC will work to identify additional sources of funding to be leveraged with state and federal funding. Program success stories and CDBG seed investment will be leveraged to encourage additional investment from potential private donors.

The SEDC will work with City staff to develop Program Guidelines when they are required, such as for CDBG programs, that will be tailored to the economic development priorities of the City at that time. The SEDC will take into consideration the demographics and real-time local economic conditions so that it designs equitable programs that limit the potential for disparate outcomes.

For CDBG economic development activities, the SEDC will work to establish set-aside funds to ensure that under served, at-risk entrepreneurs are prioritized throughout the program. Potential applicants who would be adequately served by traditional commercial financial products may be referred to outside lenders if their participation in the program would mean the exclusion of at-risk participants.

Key Milestone 3.1: Community Outreach
Key Milestone 2.5: Leverage Additional Funding and Support Key Milestone 2.3: Development and Adoption of Program Guidelines Key Milestone 2.4: Develop Program Materials: Application, Documents, Records Phase 3. Program Implementation
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Mailers attached to business license renewals from the City of Yreka Online/social media advertisements
Collaboration with Siskiyou Daily News
Collaboration with the Jefferson Economic Development Institute and the North Siskiyou County Chamber of Commerce
For CDBG economic development activities, staff and contracted Advisors from the Siskiyou SBDC will directly assist businesses who require it to complete grant applications.

This can range from reconciling financial statements, to assisting businesses register on SAM.gov to check for federal debarment.

For EPA and EDA projects, there may be specific project deliverables that are out of the scope and expertise of SEDC staff. This can range from highly specific economic research that requires a PhD level of expertise, such as defensible tax-growth projections, to environmental specialists who test and analyze soil samples. In the event of this needed expertise, the SEDC will subcontract with qualified firms and oversee their completion of work.

For CDBG activities, staff from the SEDC will provide the Program Manager with all finalized business applications. The Program Manager will ensure that the applications were completed and underwritten correctly and will then draft a promissory note/certificate of assurances that will be signed by the authorized signatory for the application. Factors that influence and/or determine the Program Manager’s decision to fund an application will be governed by the adopted Program Guidelines.

For EDA and EPA activities, the Executive Director and Board of Directors will have to approve any contract that goes beyond a $25,000 threshold. Upon scoring and recommendation by the Program Manager, the Compliance Manager will ensure that all internal procurement requirements are met. The Executive Director will then review the proposed contract and present it before the SEDC Board of Directors.

For CDBG activities, staff from the SEDC will review business applications for completeness and accuracy. Upon this initial review, they will underwrite the applications and perform due diligence on the business activities.

For EPA and EDA activities that require additional expertise, SEDC staff will review all proposals from qualified firms for accuracy and completeness. After initial review, staff will score them based upon numerous factors, including, but not limited to, cost, timeline, and experience.

Key Milestone 3.4: Decision to Fund
Key Milestone 3.3: Application/Procurement Review
Key Milestone 3.2: Technical Assistance and Procurement 211
Key Milestone 4.3: Closeout Manual
Key Milestone 4.1: Program Closeout Forms
Key Milestone 3.5: Follow Up Due Diligence, Public Service Benefit, and Grant Closeout Key Milestone 4.2: Public Information Requirements for Closeout- CDBG Public Hearing The SEDC will ensure that the City of Yreka follows the proper public information requirements and holds a Public Hearing to close out the CDBG program and go over accomplishments made. This milestone will not be required for EDA and EPA projects.

Low-Moderate Income Jobs Verification Form (provided by CA HCD) Grant spenddown report (to be developed by the SEDC)
Backup documentation (payroll, utilities, lease, etc.)
SBDC Attribution of Capital Infusion form (provided by the SEDC) For CDBG activities, all business applicants who receive CDBG funding will be required to submit the following documentation to meet the CDBG Public Service Requirements, National Objectives, and close out their grant files:

For EDA and EPA activities, SEDC will monitor contractor progress as deliverables are completed and funds expended. The SEDC will keep the respective granting agencies apprised of progress via the required federal reporting schedules and will request any extensions if contractors require additional time to complete their scopes of work.

Staff from the SEDC will prepare a closeout manual for the City of Yreka, that shall contain all pertinent records, milestones, accomplishments, and metrics of the program(s).

The SEDC will ensure that the City of Yreka properly notifies CA HCD, the US EDA or US EPA of its notice to close out the program and completes all necessary forms and documentation.

Upon drawdown of CDBG grant funds and expiration of the performance period (generally three years), the City of Yreka will have two choices:
- Extend the program and request 50% more funding
- Closeout the program
In either course, the SEDC will support and provide guidance to the City. If the former option is chosen, this process would revert back to Phase 1, where an amended application to modify an existing activity would need to be completed by the City.

For EDA and EPA activities, the closeout process(es) will be abbreviated in comparison to CDBG, as they do not have public information requirements. Funds will be required to be drawn down before closeout of the grant(s).

Phase 4: Program Closeout
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Key Milestone 4.4: Record Retention
The SEDC will maintain all grant records and files for a period of five years after the closeout of the program(s).
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Program Budget: $850,000
Funding Source/Type: Siskiyou County, US Dept. of Treasury- CARES Act, By Allocation • Provided 88 grants ranging from $5,000 to $10,000 as COVID-19 relief to support small businesses in the County
• Provided application assistance to clients, reviewed applications, and submitted complete application packages to Siskiyou County’s Auditor’s Office for final review.

The SEDC is uniquely poised to lead this project, having extensive experience working on behalf of jurisdictions throughout Siskiyou County and directly with small businesses in securing both commercial and grant funding, including those targeted specifically to disaster recovery. Our organization is highly adept at adequately serving both private sector and public sector clientele, especially in Siskiyou County. In the past five years, the SEDC has provided business advising services to 112 businesses in the City of Yreka, and maintains strong relationships with many business owners.

The SEDC staff is prepared to offer expert guidance, underwriting support, and to conduct all necessary due diligence on program applicants. The SEDC has a strong command for CDBG, EDA and EPA programs, represented by a selection of the following programs developed and/or implemented over the past five years:

Small Business Development Center- First Term (2016 –2021) County of Siskiyou: Coronavirus Relief Fund Business Assistance (August – December 2020) Completed Programs Within Five Years

4. Relevant Project Experience
Annual Budget: $140,000
Funding Source/Type: US Small Business Administration, CA Office of Small Business Advocate, Competitive • Provides no-cost direct advising to small businesses
• Assists businesses with: capital formation, marketing, growth, relocation, permitting/licensing 214
Administers program on behalf of the County of Siskiyou and eight cities/towns via MOU Provides technical assistance and funding to microenterprises throughout Siskiyou County who were affected by the COVID-19 economic downturn
Administers program alongside Great Northern Services on behalf of the County of Siskiyou and nine cities/towns via MOU
Submits and monitors all financial expenditures incurred by the program Ensures national objectives and program milestones are continually met Administers program alongside Great Northern Services on behalf of the County of Siskiyou and nine cities/towns via MOU
Submits and monitors all financial expenditures incurred by the program Ensures national objectives and program milestones are continually met Ongoing Programs Within Five Years
Small Business Development Center- Second Term (2022 – Present) Annual Budget: $140,000
Funding Source/Type: US Small Business Administration, CA Office of Small Business Advocate, Competitive
• Provides no-cost direct advising to small businesses
• Assists businesses with: capital formation, marketing, growth, relocation, permitting/licensing Siskiyou Coalition: CDBG-CV Microenterprise COVID-19 Assistance (July 2021 – July 2023) Project Budget: $1,300,000
Funding Source/Type: CDBG- City of Dunsmuir, By Allocation Siskiyou Coalition: CDBG-CV COVID-19 Food Bank Assistance (Oct 2021 – July 2023) Project Budget: $650,000
Funding Source/Type: CDBG- City of Mount Shasta, By Allocation Siskiyou Coalition: CDBG-CV COVID-19 Subsistence Assistance (Oct 2021 – July 2023) Project Budget: $1,244,000
Funding Source/Type: CDBG- City of Mount Shasta, By Allocation 215
Provides administrative support and project management for the architectural and environmental planning needed to rehabilitate the Yreka Carnegie Library building Subcontracts with architectural firm GPA Consulting for architectural planning Administers program on behalf of the County of Siskiyou Coordinates outreach activities with partner organizations: Jefferson Economic Development Institute and Great Northern Services
Provides microbusinesses with less than $50,000 in revenue throughout Siskiyou County affected by COVID-19 economic downturn with $2,500 grants City of Weed: CDBG Microenterprise Assistance Grant (July 2021 – July 2024) Program Budget: $250,000
Funding Source: CDBG- City of Weed, Competitive
• Provides technical and financial assistance to microenterprises in Weed, California • Oversees administration and financial reporting for the grant • Ensures national objectives and milestones are continually met City of Dunsmuir: CDBG Microenterprise Assistance Grant (July 2021 – July 2024) Program Budget: $250,000
Funding Source: CDBG, City of Dunsmuir, Competitive
• Provides technical and financial assistance to microenterprises in Dunsmuir, California • Oversees administration and financial reporting for the grant • Ensures national objectives and milestones are continually met City of Yreka: CDBG Planning Grant (May 2021 – Present) Program Budget: $250,000
Funding Source: CDBG- City of Yreka, Competitive
County of Siskiyou: Microenterprise COVID-19 Relief Grant (August – December 2022) Project Budget: $55,000
Funding Source: CA Office of Small Business Advocate- Siskiyou County, By Allocation Siskiyou County Brownfields Coalition (2006-Present)
SEDC works with US EPA and several jurisdictions to leverage almost two million dollars for 216
Yreka Coalition Assessment Grant (2016–Present)
Program Budget: $500,000
Funding Source: EPA, City of Yreka, Competitive
Mt. Shasta Cleanup Grant: The Landing (2016–Present)
Program Budget: $840,000
Funding Source: EPA, City of Mt. Shasta, Competitive
Provides administrative support and project management for comprehensive economic develop planning including market, industry cluster, business incubator, workforce, tax increment financing (TIF), and business improvement district (BID) analyses Responsible for selecting a consultant to complete the economic analyses and feasibility studies listed above
Provides administrative support and project management for EIFD planning for the Landing in Mt.

Shasta and surrounding properties. The EIFD study examines a tax sharing agreement analysis, determines performance indicators, constructs a financial model, conducts market analyses, determines the land use possibilities and market value, and develops a disposition strategy for the site.

Subcontracts with architectural firm Kosmont Companies for EIFD feasibility study the environmental assessment and cleanup of contaminated properties for industrial and commercial redevelopment. This initiative can help previously contaminated sites become meaningful assets for the local economy. The SEDC currently oversees two brownfields programs:

Yreka EDA Feasibility Studies
Project Budget: $250,000
Funding Source: EDA, City of Yreka, Competitive
Mt. Shasta EDA Enhanced Infrastructure Financing District (EIFD) Feasibility Study Project Budget: $99,500
Funding Source: EDA, City of Mt. Shasta, Competitive
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County of Siskiyou: Notable recent programs include managing the Siskiyou County Tourism Business Improvement District through the Discover Siskiyou brand/entity, the Siskiyou Brownfields Coalition program, and the Siskiyou Microbusiness COVID-19 Assistance Program
City of Weed: Notable recent programs include the CDBG Microenterprise Assistance Grant and the Brownfields Coalition Grant.

City of Dunsmuir: Notable recent programs include the CDBG COVID-19 Microenterprise Assistance Grant, the Dunsmuir Microenterprise Assistance Grant, and the Dunsmuir Downtown Business Revitalization Planning Grant.

City of Yreka: Notable recent programs include the CDBG Carnegie Library Planning Grant, and the EDA Feasibility grant to fund an Industry Cluster Analysis in Yreka City of Mount Shasta: Currently administering an EDA Feasibility Study to explore the creation of an Enhanced Infrastructure Financing District, and administering two CDBG-CV public service activities for COVID-19 relief.

Siskiyou Small Business Development Center Clientele: The Siskiyou SBDC has served 182 unique businesses in Siskiyou County in the past 12 months, including 46 from the City of Yreka
The SEDC provides services to small businesses throughout Siskiyou County on behalf of jurisdictions partnered with our organization through a Memorandum of Understanding, most recently signed in 2019 for an additional five-year term through 2023. Our current MOU partners include the cities of Weed, Dunsmuir, Yreka, Mt. Shasta, Dorris, Montague, Fort Jones, as well as the County of Siskiyou. Below we have highlighted a few partners with whom we have applicable ongoing projects:

5. Current Clients from Prior 12 Months
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Senior Management: $118.00/hour
Program Managers: $65.00/hour
Program Analysts: $50.00/hour
Staff Rates
The SEDC will bill the City of Yreka an all-inclusive rate for its staff members based on position, and will not be specific to any individual staff member:

Indirect Costs:

The SEDC does not have a federally-negotiated indirect cost rate, and instead relies on a standard 10% de minimis indirect cost rate on all federal grants under contract.

In-Kind Match:

Although not required, the SEDC will be providing in-kind match through its Small Business Development Center Program, which provides $145,000 annually to support direct small business advising in Siskiyou County. This program will allow staff from the SEDC to work directly with small businesses, and will allow for more budget flexibility within the CDBG grant to be used for direct financial assistance to small businesses.

6. Billing Structure
The SEDC does not wish to request any modifications to the standard Professional Services Agreement

7. Statement of Proposed Modification

8. Insurance
Public Liability
Property Damage
Workers Compensation
Automobile
Professional Liability
Our “Small Cities Organized Risk Effort” (SCORE) compliant insurance certificate will be provided, as required, separately and directly by our vendor, Churchill Insurance of Yreka, CA. This certificate shall include but not be limited to:

The SEDC shall maintain insurance coverage for the duration of any contract between itself and the City of Yreka against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SEDC, its agents, representatives, or employees.
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Reference #2: Todd Juhasz, City Manager, City of Mount Shasta Reference #1: Blake Michaelsen, Interim-City Manager, City of Dunsmuir Reference #3: Nancy Ogren, County Supervisor- District 4, Siskiyou County [email protected]
(530) 926-7510
https://mtshastaca.gov/city-manager/
[email protected]
(530) 643-3503
https://www.co.Siskiyou.ca.us/supervisors/page/district-4-nancy-ogren

9. References
[email protected]
(530) 235-4822
http://www.ci.dunsmuir.ca.us/staff

10. State and Federal Requirements
The SEDC agrees to meet all state and federal requirements included in this RFP. 220
Dee Rhodes, CPA
Contracted Accounting
Services Executive Director
Tonya Dowse
Quintin Gaddy
Program Director
Business Client Services
Program Manager
Strategic Initiatives
Alia Roca-Lezra
Finance Director
Jen Thackeray
Compliance Manager
Sub Contractors Emma Iannois
Program Director
Heather Dodds
Communications Manager
Kory Hayden
APPENDIX A: ORGANIZATIONAL CHART AND RESUMES
Board Of Directors
Digital Marketing
Manager
Kevin Shinohara
Program Manager
Jason Young
Program Analyst
Tandy Thackeray
Sub Contractors
SBDC Advsiors
Events Manager
Sarah Eberenz
Niki Brown
Agriculture Director
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TONYA DOWSE, EXECUTIVE DIRECTOR
Tonya Dowse has been the Executive Director of the Siskiyou County Economic Development Council since 2005. Tonya has over 20 years of experience in Economic Development and implementing CDBG funds for rural communities. Her hard work resulted in the designation of the Siskiyou Enterprise Zone, a converted California program to incentivize business investment. Tonya represents the communities of Siskiyou County at the state level in leadership and advisory board positions. Tonya has economic development experience in several locations in California and Oregon and has in-depth knowledge in economic and community development. Her experience in marketing, analysis, administration, and leadership has been extremely important to the organization as well as partners in the community. Her experience includes the successful attraction and siting of multiple businesses, effective consulting and technical assistance, and a strong record of coalition-building.

Tonya’s specific CDBG experience includes the design and implementation of revolving loan funds, technical assistance programs serving microenterprises, a CDBG funded business incubator with commercial kitchen space, technical assistance and planning grants that led to the formation of the Siskiyou Tourism Business Improvement District, a regional Brownfields program, and a county-wide industrial lands inventory that received a gold standard award from the International Economic Developers Council.

EDUCATION
Bachelor of Science, Agriculture Business Management, 1991 Oregon State University, Corvallis, OR

EXPERIENCE
Executive Director 2005
– Present
Siskiyou County Economic Development Council, Yreka, CA • Directs county-wide organization that brings public and private partners together to promote economic development and private sector investment for community prosperity.
• Facilitates progressive leadership in economic development and policy setting on behalf of ten local jurisdictions.
• Business attraction, expansion, and retention: Facilitated the acquisition of the county’s largest manufacturing facility by an international company including the negotiation of significant power and wastewater infrastructure improvements.

Successfully retained one of the County’s most enduring wood products employers in the face of a difficult permitting process. Oversaw the siting needs of a multimillion-dollar start-up investment in the organic meat processing sector. • Community infrastructure investment portfolio: Directly secured over $300 mill in US EDA investment, over $1.5 million in US EPA funds, and in excess of $1 million in HUD community development block grants to implement and realize community economic development priorities. Also helped land $13 million in federal transportation funding to reopen the regional railroad. 222
Regional Programs Manager 1999 – 2005
South Central Oregon Economic Development District
• Organizational development: Founded an intergovernmental organization and gained federal recognition as an Economic Development District to provide services promoting economic development on a regional basis. Created KlamathLake Regional Housing Center to provide home rehabilitation loans and promote home ownership. Led discussions, performed research, published reports, and analyzed economic data for local jurisdictions and private businesses • Public investment: Helped leverage almost $10 million, in never before tapped, public resources culminating in at least a 5-to-1 return on investment through private commercial and industrial development. Implemented the Regional Investment Program distributing approximately $2.5 million in lottery-funded grants to projects that created jobs and leveraged investment— consistently outperformed state-goals and peer regions
• Program design: Seeded a revolving loan program with $1.5 million from multiple state and federal resources to support local businesses. Established a Community Development Block Grant service providing complex grant administration to cities and counties in the region.
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NIKI BROWN, PROGRAM DIRECTOR- AG SECTOR STRATEGIES
Niki Brown handles strategy and special projects within Discover Siskiyou. She has been a lead on the Discover Siskiyou team prior to the district forming, playing a fundamental role in the successful development of the district. With a degree in Design Management and Business Marketing from Oregon State University, Niki has over 13 years of extensive experience in sales, marketing, and project management.

Niki came to Siskiyou County in 2010 after leaving her hometown of Portland, Oregon, where she worked on a niche sales and marketing team gaining invaluable experience in developing marketing strategies, negotiating contracts, and overseeing project implementation. Since coming to northern California, Niki has had the opportunity to combine her experience in marketing with her passion for driving the successful implementation of Discover Siskiyou forward. In her spare time, Niki and her husband run a small farm in Scott Valley where they raise their four small children.

EDUCATION
Bachelor of Science in Merchandising Management & Business Marketing, Oregon State University 2004

EXPERIENCE
Program Manager/Director
2013- present
Siskiyou County Economic Development Council, Yreka, CA • Responsible for leading the strategic planning and all functions related to the promotion of the SCEDC, as an industry leader in existing and target markets. • Supervision of the marketing all programs including the marketing of new projects, ongoing marketing support of existing projects, market research and analysis. • Successfully track all marketing objectives and effectively communicate ROI where applicable
• Communicate with all departments and personnel to understand project objects and maintain consistent branding.
• Responsible for program administration including financial management, business market development, benefit cost analysis, feasibility studies, risk assessments, networking assistance, and cluster impact studies
• Managed and co-managed multiple grant projects from various funding partners including USDA, EPA, CEC, and private funding agencies.

Marketing/Sales/Business Development
2011- present
Four Brothers Heritage Farms, CA
• Co-founder of a small farm CSA selling high-quality grass-fed beef and heritage pork to end consumers between Portland and San Francisco. • Developed brand identity for company including logo design, design and layout of all marketing materials, website design, and MailChimp email campaigns. 224
• Track, analyze, and communicate all marketing, advertising, and public relations initiatives using measurable and quantitative methods.
• Establish sales channels through food specific events (farmers’ markets, conferences, agritourism events), social media, video production, word of mouth, and media coverage (including invitations to appear on NatGeo and radio interviews on NPR/California Report).
• Oversee business development; explore viability of new ventures and business opportunities.

Marketing Coordinator & Wine Club Director
2010-2012
RoxyAnn Winery, Oregon
• Responsible for developing and executing entire social media marketing campaign
• Manager of southern Oregon’s largest and fastest growing wine club; responsible for maintaining relationships with over 1,200 members, ensuring the highest level of customer service and product satisfaction.
• Planned and executed key strategic marketing campaigns that resulted in 65% increase in membership over a 24-month period.
• Tracked, managed, and analyze all marketing activities and public relations initiatives using measurable and quantitative strategies. • Led companies entire rebranding strategy through existing and innovative marketing channels including web, print, and wholesale materials Lead Broker 2007-2010
Realty Trust City,
• Engaged and captured new clients and maintained existing client base of buyers and brokers
• Consistently exceeded weekly, monthly, and quarterly sales goals Communicated daily with company partners and compiled reports sent to project investors & developers
• Worked directly with mortgage brokers, title companies, property management, and vendors to ensure all aspects of smooth closing process • Coordinated design and implementation of print media marketing campaigns seen in; Willamette Week, The Oregonian, Portland Monthly, as well as on Clear Channel bulletin boards, & Tri-Met bus/MAX light rail system Sales Coordinator 2006-2007
Realty Trust City,
• Office manager of a project showroom during preconstruction sales phase Coordinated sales information for prospective buyers & ensured seamless sales experience with project brokers
• Managed front desk responsibilities in fast-paced environment; answering phones, greeting public, assisting brokers and project partners 225

KORY HAYDEN, PROGRAM MANAGER- COMMUNITY INITIATIVE
Kory has over 19 years of experience in Program Management and Communication.

Since March 2019, she has served as a Program Manager for the Siskiyou County Economic Development Council, where she oversees communications that promote Siskiyou County as a great place to do business. She also facilitates strategic initiatives. and programs that serve jurisdictions, businesses, and community and economic development in Siskiyou County. Her experience in marketing, program management, and leadership has been extremely important to the organization and the region. Her experience includes the successful implementation of Business Resilience planning, Downtown Revitalization initiatives through communications, partnerships, and relationship building in Siskiyou County.

EDUCATION
Bachelor of Arts, Saint Mary’s College of California, 2001

EXPERIENCE
Program Manager 2019 –
Present
Siskiyou County Economic Development Council, Yreka, CA • Prepare, manage and execute communications strategy to promote business growth and investment
• Develop identification, cultivation, solicitation and stewardship strategies for new and previously identified corporate and foundation prospects • Assist with the facilitation of strategic initiatives as defined through the strategic plan for SCEDC
College Advisor 2015 –
2019
U.C Davis; GEAR UP PROGRAM
• Prepared initiatives to help 9-12 grade students advance to post-secondary education., vocational, 2 year or 4-year college programs. • Developed program support to reach low-income and first-generation college students.

Executive Director 2013-2015
Yreka Chamber of Commerce
• Developed community and business resources for over 250 business and non-profit members and a city of 8,000.
• Managed 503c (6) bylaws and a $115,000 annual budget. Achievements included:
increased quantity and scope of large and small events, increased budget revenue and increased community visibility through communication, events, partnerships and technology.
226

QUINTIN GADDY, PROGRAM DIRECTOR- BUSINESS DEVELOPMENT
Quintin serves as the Director for the Siskiyou Small Business Development Center, and currently administers all of the CDBG- Economic Development and Public Service Activities that the SEDC has under contract. Quintin’s versatility and aptitude for business advising comes from his command of a multidisciplinary and contextual synthesis of information, using qualitative and quantitative techniques. After graduating from Yreka High School, Quintin received a BA in Economics from the University of California and an MS in International Affairs from the Georgia Institute of Technology, where his studies focused on the intersections of entrepreneurship, technology, and sustainable development. Throughout his studies he collaborated on sustainable development projects with the Tokyo Institute of Technology in Japan and Sciences Po- Paris in France, contributed to research for the US Department of Defense, worked on legislation passed into law in the Georgia House of Representatives, and lectured university courses on Global Leadership and International Affairs at the Georgia Institute of Technology.

EDUCATION
Master of Science, International Affairs, 2019
Georgia Institute of Technology, Atlanta, GA
Bachelor of Arts, Economics, 2017
University of California, Santa Cruz, CA

EXPERIENCE
Program Director 2019-Present
Siskiyou County Economic Development Council, Yreka, CA • Serves as Center Director for the Small Business Development Center, overseeing a team of six staff and five contracted advisors to provide subject-specific small business advising across Siskiyou County.
• Administers six CDBG-funded economic development and public service activities on behalf of all ten jurisdictions in Siskiyou County; four programs are directly related to COVID-19 recovery.
• Provides jurisdictions across Siskiyou County with technical assistance and consulting services on a myriad of state and federal funding programs.

Legislative Assistant 2019
Georgia House of Representatives, Intragovernmental Coordination, Atlanta, GA • Served as an assistant to the Chairwoman of the Intragovernmental Coordination Committee for the 2019 Legislative Session, which oversees legislation in the State of Georgia that affects local city and county governments. • Day-to-day duties included maintaining official calendars, communications, social media outreach, researching legislation, preparing talking points and managing constituent requests.
227

Research Analyst 2017-2019
Joint Management Services, LLC Atlanta, GA
• Subcontracted with US Secretary of Defense’s Office of Net Assessment • Worked independently with a team of researchers and field workers through the formulation, preparation and execution of comprehensive unclassified analytical reports
o Utilized open-source intelligence research to construct analytical frameworks used within the report that evaluated strategic choices made by states during power transitions, examining static and dynamic dimensions of power and their implications for US national security. 228

JENNIFER THACKERAY, FINANCE DIRECTOR
Jen Thackeray serves as the Finance Director for the Siskiyou Economic Development Council. She contributes knowledge of financial tracking, record keeping, and a high degree of professional experience to the Siskiyou EDC. Jen serves the organization having earned two bachelor’s degrees; one in Animal Science and the second in accounting.

Siskiyou County has been a lifelong home to her where she and her husband raise their family. Working with the Siskiyou EDC gives Jen the opportunity to support and aid programs that promote growth and success of Siskiyou County. Jen is currently working on obtaining certification as a Certified Public Accountant, with an expected completion in 2021 that will add considerably to the team’s capacity.

EDUCATION
Bachelor of Science, Accounting; 2020
Western Governors University
Bachelor of Science, Animal Science; 1997
California Polytechnic State University, San Luis Obispo, California Awarded Outstanding Senior for the Animal Science Department

EXPERIENCE
Finance Director 2019-Present
Siskiyou County Economic Development Council, Yreka, CA • Monitoring of fiscal activities and compliance
• Analyzing and tracking grand budgets
• Preparing quarterly financial reports for grant agencies • Maintaining and monitoring contractual records
• Preparing receipts and disbursements for accounting
• Budgeting of employee time across grants and general services Owner/Operator 2002-Present
Thackeray Livestock
Own and operate a family ranch producing hay and cattle.

Duties include:
• Preparing financial documents for analysis by family trust and loan agencies • Developing and maintaining budgets and market projections • Preparing and filing taxes
• Providing ranch bookkeeping services
• Negotiating land leases
• Managing rental properties on the ranch
• Consulting with local, state and federal environmental resource agencies on river and streambed restoration projects
• Monitoring environmental easement sales with land trust agencies • Managing irrigation practices, improvements, efficiency projects and grant applications
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• Learning and initiating intensive grazing concepts for grassland improvements • Providing animal health assessments and treatments

230

HEATHER DODDS, DIGITAL MARKETING MANAGER, DISCOVER SISKIYOU As the Digital Marketing Manager for Discover Siskiyou, Heather Dodds serves as the primary point of contact for Siskiyou TBID stakeholders. With a degree in Journalism from Biola University, she has more than a decade of experience in communications, including newspaper writing and editing, public relations, social media content creation, and financial services marketing.

EDUCATION
Bachelor of Arts, Print/Internet Journalism 2006
Biola University, La Mirada, CA - Graduated Magna Cum Laude

EXPERIENCE
Digital Marketing Manager 2018-
Present
Discover Siskiyou, Yreka, CA
• Sample info
• Heather will add bullet points
• Keep adding info
Marketing Communications Officer
2015-2018
Scott Valley Bank, Yreka CA 96097
• Conceptualizes and designs print and digital advertising campaigns • Assists marketing director with marketing strategy development and execution • Collaborates with marketing director and CEO on brand development and • strategic messaging
• Writes press releases for publication in newspapers and magazines • Writes radio advertisements to air on local stations
• Produces monthly print and digital newsletters
• Manages editorial content calendar
• Manages social media channels

Marketing Advisor 2014- 2015
Akanz Wearable Technology, Home-based
• Advised President/CEO on marketing strategy
• Wrote and edited copy for marketing materials, press releases, website, social • media profiles, advertisements, and video scripts
• Managed brand's social media platforms
• Collaborated with marketing team on brand messaging and identity Marketing Manager 2012-
2018
EAP Technology Systems Inc., Yreka, CA
• Wrote and designed engaging digital and print marketing materials 231
• Created social media content and managed company’s social media pages • Wrote and edited company’s quarterly shareholders newsletter • Assisted CEO with writing news articles, press releases, papers, blog posts, and • research briefs
• Oversaw marketing plan and strategy
Managing Editor 2011-2012
Siskiyou Daily News, Yreka, CA
Managed a staff of reporters, freelance contributors, and photographers • Edited all news, features, and opinion articles
• Published stories, galleries, and videos online daily • Maintained a vibrant website with an interactive online community • Designed news pages daily
• Managed company’s social media pages
• Met multiple daily deadlines and successfully implemented company-wide • digital and print initiatives
Reporter
2007-2011
Siskiyou Daily News, Yreka, CA
• Authored daily articles on education, lifestyle, the environment, and local • government
• Assisted managing editor with page layout
• Shot and processed photos
• Authored stories and took photos for special publications • Assisted managing editor with publishing content to the company website 232

ALIA ROCA-LEZRA, PROGRAM MANAGER
Alia Roca-Lezra is a Brownfields Program manager for the Siskiyou Economic Development Council. She brings interest and experience in research, policy, and sustainability to her position. Alia recently graduated from UC Santa Cruz with a double major in Economics and Environmental Studies, a concentration in Geographic Information Systems, and Phi Beta Kappa honors. During her four years at UCSC, she served as the campus coordinator for the largest UC innovation competition, managing editor for a UC-wide publication, an economics research assistant, and GIS specialist for a USGS seafloor mapping project. Alia looks forward to supporting the cleanup and reuse of brownfield sites within Siskiyou County.

EDUCATION
B.A., Economics, 2021
B.A., Environmental Studies
Concentration: Geographic Information Systems
University of California, Santa Cruz, CA

EXPERIENCE
Program Manager July 2021 – Present
Siskiyou County Economic Development Council, Yreka, CA • Develop and implement programs/projects designed to meet economic development goals with an emphasis on business retention, expansion, and attraction
• Manage ongoing programs such as brownfield and industry development initiatives
Campus Coordinator Sept 2020 – March 2021
UC Big Ideas Contest. University of California, Berkeley • Managed local program and recruitment for campus of 17,000 undergraduate and graduate students
• Evaluated project proposals and aligned strategic partners Managing Editor Sept 2020 – June 2021
Matchbox Magazine. University of California, Santa Cruz • Expanded program outreach through effective website (WordPress) and social media platform (Instagram, Facebook) management
• Managed event coordination and implementation via facilitated weekly goaloriented leadership meetings 233
Emma Iannios, Compliance Manager
Emma Iannios recently came to the Siskiyou Economic Development Council with a background in banking where she implemented FDIC compliance and banking guidelines while overseeing a regional branch. She additionally worked as the assistant to the CFO of an organization where she assisted in the overall growth and development of a startup business.

EDUCATION
A.S., Agriculture Science, 2016 (Colorado Mesa University)

EXPERIENCE
Compliance Manager July 2022 – Present
Siskiyou County Economic Development Council, Yreka, CA • Monitors and documents contract compliance for federal and state grants. • Conducts grant reporting and monitors performance achievements. • Coordinates benefit contract negotiations and vendor communications.

Client Services Supervisor June 2017 - June 2022
Banner Bank, Greenview, CA
• Manage team to successfully meet and exceed individual and branch sales goals • Stay up to date on evolving compliance and procedures within the bank and FDIC.
• Provide compliance training within the division.
• Manage Marketing budgets and general ledger accounts. • Responsible for the overall operation and growth of the branch to meet bank expectations.

Accounting Assistant April 2013 – May 2017
Bacchanal Hospitality/ Traders Coffee Inc., Montrose, CO • Provide accounting in the areas of accounts receivable, accounts payable, monthly reconciliation, monthly taxes.
• Responsible for onboarding new employees
• Processed Payroll for multiple organizations.
• Proficient in QuickBooks and Excel
• Worked Independently while meeting weekly and monthly deadlines. 234
Jason Young, Business Development Program Manager
Jason Young is a Program manager for the Siskiyou Economic Development Council. He brings 15 years of experience in resort management, tourism marketing, and resort development. Before joining the Siskiyou Economic Development team Jason was the General Manager / Owner of Mt. Shasta Ski Park (the largest tourism employer in Siskiyou County.) He was also a cofounder and President of Discover Siskiyou (TBID – DMO) the preeminent tourism marketing organization in Siskiyou County. He holds a master’s degree in Coaching / Exercise Science from Concordia University Irvine and a bachelor’s Degree in Organizational Leadership. Jason is also a 10-year veteran serving in the US Navy.

EDUCATION
B.A., Organizational Leadership, 2009 (Simpson University) M.S., Coaching / Exercise Science, 2021 (Concordia University Irvine)

EXPERIENCE
Program Manager July 2021 – Present
Siskiyou County Economic Development Council, Yreka, CA • Develop relationships and strategies with small to medium size businesses within Siskiyou County to encourage sustainable growth.
• Work with state, county, and local entities to attract industry and business to Siskiyou County.
• Small Business Advisor specializing in business planning, strategy, growth, and management.
• Manage communications with Discover Siskiyou stakeholders.

General Manager June 2006 - June 2018
Mt. Shasta Ski Park, Mt. Shasta California
• General Manager of Mt. Shasta Ski Park.
• Managed the income and budget of a 6 million dollar a year business. • Managed the day-to-day operations of a resort with 140,000 visitors per season. • Managed the largest tourism business in Siskiyou County with over 300 employees. • Liaison with several state and local agencies to include the Forest Service, County Supervisors, Transportation Board, Law Enforcement Entities. • Major contributor and founder of Discover Siskiyou (largest marketing organization in Siskiyou County-derived from TBID).
• Marketing Manager for the resort from 2006-2008 and was directly responsible for the implementation of social media platforms and brand refresh.

K9 Handler/Trainer December 1996 – June 2006
US Navy, United States
• Explosives / Patrol canine handler trainer for the US Navy specializing in protective service activities to include working directly with the Secret Service in various capacities protecting assets.
235
• Trained multiple dog teams for deployments overseas with various military entities to include special operations.
• Manage physical security protocols for various top-secret installations. • Physical Fitness Coordinator for security detachment maintaining physical standards for the unit for deployment overseas in combative environments. 236

CITY OF YREKA
Siskiyou County, CA

REQUEST FOR PROPOSAL
For

GRANT WRITING, ADMINISTRATION, LABOR STANDARDS COMPLIANCE SERVICES,

PROJECT MANAGEMENT AND IMPLEMENTATION OF COMMUNITY DEVELOPMENT BLOCK

GRANT PROGRAMS AND OTHER STATE AND FEDERAL GRANT PROGRAMS for the
City of Yreka – Economic Development Grants (non-design and non-construction) July 6, 2022
Proposals Due by: Tuesday, July 26, 2022 @ 2:00 p.m.
237

GRANT WRITING, ADMINISTRATION, LABOR STANDARDS COMPLIANCE SERVICES,

GRANT MANAGEMENT AND IMPLEMENTATION OF STATE AND FEDERAL

ECONOMIC DEVELOPMENT GRANT PROGRAMS
for the City of Yreka
Section 1. Project Overview
The City of Yreka (herein referred to as “City”) is requesting proposals (RFP) from qualified public entity or private firms (herein referred to as “Consultant” or “Proposer”), for the following activities:

Grant writing, administration, and project management services for the implementation of the City of Yreka, Economic Development Grant Programs over a five-year period using funds secured through Federal, State, Private and Local funding sources such as the Community Development Block Grant (CDBG) Program, Environmental Protection Agency (EPA), Economic Development Agency (EDA) and any other federal or state or private funding that may become available to for local economic development.

Proposals to perform all activities will be given preference; however, proposals to perform any individual or combination of activities will be considered. Consultants can also submit a proposal to operate programs by any one specific funding source or all funding sources basedon preference.

Proposals should indicate which activities the Consultant proposes to perform. The Professional Services Agreement is expected to serve for a total of five (5) years with an option of an automatic two-year extension based on work performance, workflow needs and grant commitments.

The successful Proposer shall have at least five years of prior experience on similar types of projects. All Proposers responding to this Request for Proposal (RFP) will be evaluated based on their expertise, prior experience on similar projects, demonstrated competence, abilityto meet the project schedule, adequate staffing, reference check results, project understanding, cost and responsiveness to the needs and concerns of the City of Yreka.

Section 2. Basic Information and Tentative Schedule
Key Dates:

Release of RFP July 6, 2022
Deadline for Written Questions July 14, 2022, at 2:00 p.m.

Responses to Questions Posted on Website July 16, 2022
Proposals are Due July 26, 2022 @ 2:00 p.m.
**All dates are subject to change at the discretion of the City.

RFP Contact: Rhetta Hogan, Assistant City Manager, City of Yreka Work Cell 530-340-6101, email: [email protected]
Please note that from the date that this RFP is issued until a firm or entity is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this RFP with any City employee other than the contracting officer listed above regarding this RFP. The City reserves the right to reject any Proposal for violation of this provision.

No questions other than written will be accepted, and no response other than written will be binding upon the City.
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Submission format: An electronic copy of the proposal in PDF format should be delivered by email to the following address: [email protected] with the email subject: Yreka Economic Development Grant Services. Proposals received after the date and time specified above will not be considered. Submitters will receive a confirming email acknowledging receipt of proposal.

Addenda: Any changes to the requirements will be made by written addendum to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting agreement. The City of Yreka will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of verbal instructions.

Proposers are responsible for checking the City of Yreka website (https://ci.yreka.ca.us/) for any and all written Addenda related to this RFP. The City of Yreka will not distribute Addenda to a mailing list of interested proposers.

Section 3 RFP Submittal Requirements
Eligibility
This RFP is open to all interested firms. Firms must certify in a cover letter that it meets the following conditions:

1. Is not in litigation that may have a significant and adverse impact on the ability to perform services for the City of Yreka.

2. Has the resources, expertise, and commitment to complete all components of the project in a timely and competent manner.

3. City of Yreka requires that the professional who signs the proposal as the project manager certify that they will be present at all meetings requested by the staff members and will fully participate in the day-to-day management of the contract.

The proposal should not exceed 24 total written pages (excluding cover letter, proposal cover, table of contents, and supplemental information, such as resumes, insurance, and the statement of modifications). Supplemental information and appendices should be relevant and brief.

Proposals shall be organized using the following format:

1. Cover Letter: Identify the prime consultant and describe any subcontract arrangements.

Please identify the person who is authorized to negotiate for the team and indicate that the proposal represents a firm binding offer for 90 days. The cover letter should also summarize the key points of the consulting firms’ interests, qualifications, and pertinent areas of expertise.

2. Key Staff: Identify a single point of contact (project manager) and all key team members, including relevant experience. Provide an organization chart of how the key staff is structured within the organization and include all specialty sub-consultants that would be expected to be utilized on the project.

3. Scope of Services: Description of the services to be offered by the firm and those offered by subcontractors typically used by the firm. The proposal must indicate which services are provided by whom. Firm response should discuss processes that include:
a) Funding Needs Analysis – Discuss how Consultant will work with City staff to facilitate meetings with City departments to assess the validity of current funding priority areas, identify changes in funding priority areas, and identify new priority 239
areas for possible funding.
b) Grant Funding Research – Discuss how Consultant will conduct research to identify grant resources including, but not limited to, Federal, State, foundation, agencies and organizations that support the City’s funding needs and priorities (emphasizing grants which require no “matching” funds), including, but not limited to:
• Economic Development
c) Grant Proposal Development – At the direction of the City, describe capacity and how the Consultant will compile required data and complete applications in response to Notices of Funding Availability (NOFAs) released for the Community Development Block Grant Program (CDBG), and other possible funding sources as they become available. Consultant will provide general grant proposal writing services associated with the completion of grant applications on behalf of the City and submittal of applications to funding sources. A copy of each grant application package submitted for funding, in its entirety, shall be provided to and approved by the City prior to submission.
d) Grant Administration: Describe how Consultant will:
• Ensure proper completion and submission of all financial and performancereports required by the program (i.e., monthly, quarterly, annual, close-out, etc.). • Be present at all appropriate public meetings if requested. • Establish and maintain administrative files. For CDBG grants this would include maintaining the required Public Information Binder.
• As requested, directly participate in any monitoring by the State or other agencies and provide the necessary documents and files for such monitoring visits.

Consultant will advocate on City’s behalf, to the maximum extent appropriate, and respond to and correct any monitoring findings under control of the Consultant. • Prepare a close-out manual to guide the City after the grant has been completed.

Such guide will outline the City’s ongoing program responsibilities. • Monitor program milestones and recommend amendments as necessary. • Facilitate communications between granting agency personnel and the City. • Apprise the City of all applicable federal and State requirements related tothe funds and facilitate the meeting of such requirements.
• Ensure that required documents are submitted in a timely manner. • Preparing and retaining all pertinent records and documents sufficient to reflect all charges submitted, and retention of such records and documents for a period of five (5) years from the date of final payment or granting agency closeout letter. e) Grant Implementation – Describe how Consultant will provide project management services for development of Economic Development Grant programs, that includes Business Lending and Technical Assistance. The City is seeking Grant Writing, Grant Project Management Support, and Grant Project Implementation. • Identifying resources, defining team and tasks, and preparing and submitting the general grant set-up package to the appropriate agency (guideline preparation and submittal of other required documents as required by funding source); • Providing the City with necessary technical assistance to implement all Grant Agreements and identify gaps;
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• Providing reports to the City on progress and performance of grant budgets included in Grant Agreements or approved amendments;
• Preparing and submitting all required reports and cash requests as outlined in Grant Agreements.

4. Relevant Experience: List projects completed by the Consultant relevant to the scope of services contained herein that have been completed in the last five years. Discuss the firm’s uniqueness to best perform these on-call services for the city.

5. Current Clients: Provide a list of all clients doing business with the Consultant in the past 12 months.

6. Billing Structure: Provide a list of hourly billing rates for each proposed team member.

Include all direct and indirect expenses and transportation fees.

7. Statement of Proposed Modification: Attached are the City’s standard Professional Services Agreement (PSA) and insurance requirements. If the respondent would like to request any modifications to the standard PSA or Insurance requirements, provide a statement of proposed modifications and/or exceptions to the PSA. Any modifications not included in this Statement may not be considered by the City.

8. Insurance: Provide a summary of insurance coverage including public liability, property damage, workers compensation, automobile, and professional liability. An example of the City’s insurance requirements is provided in Exhibit B.

9. References: Provide three (3) client references relevant to the scope of services listed herein. Include names, titles, and current contact information.

10. State and Federal requirements: Prospective firm agrees to meet, by inclusion of such statement in submittal letter, all State and Federal requirements included in this RFP.

Section 4. Evaluation and Award
An Evaluation Committee will review all proposals received. The committee includes City of Yreka staff and may include outside personnel. The City of Yreka staff will conduct an initial review of the proposals for general responsiveness and compliance with the requirements of this RFP. Proposals failing to satisfy the requirements, or which are inadequately responsive will not be considered.

After the initial responsiveness review, the committee members will read the proposals separately then convene to discuss and review the written proposals. Each member of the selection panel will then evaluate each proposal using the criteria identified below to arrive at a “proposal score” in the range of 0 to 100 for each proposal. A list of top ranked proposals will be developed based upon the totals of each committee member’s score for each proposal. 241
The Evaluation Committee will review all proposals submitted on time. The committee will evaluate the proposals and select based on the following criteria:

Evaluation Score Methodology: Points
Available
• Firm expertise and competence including experiences in Economic Development including, Brownfields, Economic
Studies, Business Development and Technical
Assistance.
25 • Professional qualifications and experience of individuals likely to be assigned to the city. 20
• Thoroughness of the Scope of Work, milestones, schedule, cost analysis, andapproach to completing the project.

Excellent written and verbal communication skills
20 • Proposed Compensation Rates 10
• Demonstrated understanding of the requested work and
responsiveness to the request for proposal.
15 • Quality of feedback provided by references 5
• Approach and track record to Disadvantaged business
D/M/WBE outreach, engagement and hiring
5 Total 100
During the evaluation period, the City of Yreka may interview some or all of the proposing firms.

The interview may consist of a short presentation by the Proposer, after which the evaluation committee will ask questions related to the firm’s proposal and qualifications.

The City of Yreka reserves the right to select a consultant based solely on written submittals and not convene oral interviews. If oral interviews are necessary, the selected Proposer will be requested to make a formal presentation. The Evaluation Committee will recommend one consultant following any interviews. The Committee’s recommendation will be reviewed by the City Manager before proceeding to the City Council for action.

Selection will be based on a “best value” analysis. Cost, while an important factor, will not be the sole determining factor. The City of Yreka reserves the right to select the proposal which in its sole judgment best meets the needs of the City of Yreka.

Award
Acceptance of a proposal or other material during the selection process does not constitute a 242
contract and does not obligate the City of Yreka to award funds. Funding is subject to final contract approval by the City Council of the City of Yreka. The City of Yreka reserves the right to reject any and all responses without penalty and to act in the best interest of the City of Yreka.

The City of Yreka will evaluate the proposals received and will submit the proposal considered to be the most competitive to the City, for consideration and selection. The City of Yreka may also negotiate contract terms with the selected Proposer prior to award, and expressly reserves the right to negotiate with several Proposers simultaneously and , thereafter, to award a contract to the Proposer offering the most favorable terms to the City of Yreka.

Negotiations may or may not be conducted with Proposers; therefore, the proposal submitted should contain Proposer’s most favorable terms and conditions, since the selection and award may be made without discussion with any Proposer.

Notification of Award
Proposers who submit a proposal in response to this RFP shall be notified by email regarding the firm who will be recommended for award of the contract. Such notification will be made at least three (3) days before the date the contract is awarded.

Section 5. Other Terms and Conditions
The City of Yreka reserves the right to:

1. Accept, reject any or all submittals, or any item or part thereof;

2. Issue subsequent Requests for Proposals;

3. Alter the Selection Process Dates;

4. Remedy technical errors in the RFP process;

5. Request additional information from Proposers and investigate the qualifications of all firms under consideration;

6. Confirm any part of the information furnished by a Proposer;

7. Obtain additional evidence of managerial, financial, or other capabilities;

8. Approve or disapprove the use of particular subcontractors;

9. Negotiate with any, all, or none of the Proposers;

10. Award a contract to one or more Proposers;

11. Accept other than the lowest-priced Proposal;

12. Solicit best and final offers from all of some of the Proposers;

13. Withdraw this RFP at any time without prior notice, and the City of Yreka makes no representations that any contract will be awarded to any Proposer responding to this RFP;

14. Waive informalities and irregularities in Proposals or the selection process;

15. The provisions of the request for proposal are considered an integral part of the Consultants contractual terms and conditions.

A. Pre-Contractual Expenses: The City of Yreka shall not, in any event, be liable for any precontractual expenses incurred by Proposer in the preparation of its proposal. Proposer shall not include any such expenses as part of its proposal. Pre-contractual expenses are defined as expenses incurred by Proposer in:
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1. Preparing its proposal in response to this RFP;

2. Submitting that proposal to the City of Yreka;

3. Negotiating with the City of Yreka any matter related to this proposal; or

4. Any other expenses incurred by Proposer prior to date of award, if any of the Agreement.

B. Protests: Failure to comply with the rules set forth herein may result in rejection of the protest. Protests based upon restrictive specifications or alleged improprieties in the Proposal procedure, which are apparent or reasonably should have been discovered prior to receipt of Proposals shall be filed in writing with the City Clerk at least 10 calendar days prior to the deadline for receipt of Proposals. The protest must clearly specify in writing the grounds and evidence on which the protest is based.

Protests based upon alleged improprieties that are not apparent or that could not reasonably have been discovered prior to submission date of the Proposals, such as disputes over the staff recommendation for contract award, shall be submitted in writing to the City Clerk, within 48 hours from receipt of the notice from the City advising of City’s recommendation for award of contract. The protest must clearly specify in writing the grounds and evidence on which the protest is based. The City Clerk will respond to the protest in writing at least 3 days prior to the meeting at which City’s recommendation to the City Council will be considered. Should Proposer decide to appeal the response of the City Clerk and pursue its protest at the Council meeting, it will notify the City Clerk of its intention at least 2 days prior to the scheduled Council meeting.

The City Manager shall consider any matter appealed during a scheduled hearing, within thirty days of receipt. The decision of the City Manager shall be final with respect to the matters of fact.

All disputes and/or appeals must be submitted to:

City Manager
City of Yreka
701 Fourth St.

Yreka, CA 96097
Protests shall be typed under the protester’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:
• The name, address and telephone number of the protester; • The signature of the protester or the protester’s representative; • The solicitation or contract number;
• A detailed statement of the legal and/or factual grounds for the protest; and • The form of relief requested.

C. Accuracy of Proposals: Proposers shall take all responsibility for any errors or omissions in their Proposals. Any discrepancies in numbers or calculations shall be interpreted to reflect the cost to the City.
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If, prior to contract award, a Proposer discovers a mistake in their Proposal which renders the Proposer unwilling to perform under any resulting contract, the Proposer must immediately notify the City and request to withdraw the Proposal. It shall be solely within the City's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire Proposal. If the solicitation provided for evaluation and award on a line item or combination of items basis, the City may consider permitting withdrawal of specific line item(s) or combination of items.

D. Confidentiality: To the extent permitted by law, proposals received shall remain confidential until the contract, if any, resulting from this RFP has been finally executed.

Thereafter, all information submitted in response to this request shall be deemed public record. In the event that the Proposer desires to claim portions of its proposal as exempt from disclosure under the California Public Records Act, it is incumbent on the Proposer to clearly identify those portions with the word “confidential” printed on the lower right-hand corner of the page. City of Yreka will consider a Proposer’s request for exemption from disclosure; however, the City of Yreka will make its decision based on applicable laws. An assertion by the Proposer that the entire proposal is exempt from disclosure will not be honored.

Firms are advised that the City of Yreka does not wish to receive confidential or proprietary information and those proposers are not to supply such information except when it is absolutely necessary. If any information or materials in any proposal submitted are labeled confidential or proprietary, the proposal shall include the following clause: [Legal name of proposer] shall indemnify, defend and hold harmless the City of Yreka, its officers, agents and employees from and against any request, action or proceeding of any nature and any damages or liability of any nature, specifically including attorneys’ fees awarded under the California Public Records Act (Government Code § 6250 et seq.) arising out of , concerning or in any way involving any materials or information in this proposal that [legal name of proposer] has labeled as confidential, proprietary or otherwise not subject to disclosure as a public record.

E. Ex Parte Communications (Lobbying): Proposers and Proposers’ representatives should not communicate with the City Council members about this RFP. In addition, Proposersand Proposers’ representatives should not communicate outside the procedures setforth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the above-named City Representative regarding this RFP until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's Proposal, and any individual or entity who has been requested by the 245
Proposer to contact the City on the Proposer's behalf. Proposers shall include the Ex Parte Communications Form, with their Proposals certifying that they have not had or directed prohibited communications as described in this section.

F. Disclosure of Governmental Position: In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the City, the City requires that all Proposers disclose in their Proposals any positions that they hold as directors, officers, or employees of any governmental entity. Additional disclosure may be required prior to contract award or during the term of the contract. Each Proposer shall disclose whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months using the attached Disclosure of Government Positions Form.

G. Conditions to Agreement: The selected Proposer will execute a Professional Service Agreement for Services with the City describing the Scope of Services to be performed, the schedule for completion of the services, compensation, and other pertinent provisions. The contract shall follow the sample form of Agreement provided as Attachment A – Sample Agreement to this RFP, which may be modified by City. All Proposers are directed to particularly review the indemnification and insurance requirements set forth in the sample Agreement. The terms of the agreement, including insurance requirements have been mandated by the City and can be modifiedonly if extraordinary circumstances exist. Submittal of a Proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample agreement for maintenance services unless the Proposer includes with its Proposal, in writing, any conditions or exceptions requested by the Proposer to the proposed Agreement. In accordance with the Municipal Code, the City may consider the scope and number of conditions when evaluating Proposals and choosing a Consultant.

H. Disqualification Questionnaire: Proposers shall complete and submit, under penalty of perjury, a standard form of questionnaire inquiring whether a Proposer, any officer of a proposer, or any employee of a Proposer who has a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local government project because of a violation of law or safety regulation and if so, to explain the circumstances. A Proposal may be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local project because of a violation of law or a safety regulation.

I. Standard Terms and Conditions: The City reserves the right to amend or supplement this RFP prior to the Proposal due date. All addendum(s) and additional information will be posted to the city’s website.

J. Contract Termination/Debarment: A breach of the contract clauses in 29 CFR 5.5 246
may be grounds for termination of the contract and for debarment as a Consultant and a subcontractor as provided in 29 CFR 5.12.

The RFP/contract may be voided at any time for cause, by giving at least 14 days written notice, due to violations of any terms and/or special conditions of the RFP/contract, upon request of HUD/City, or withdrawal of the expenditure authority.

It is a mutually understood between the parties that this RFP may have been written before ascertaining the availability of appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the RFP were executed after the determination was made.

The RFP is valid and enforceable only if sufficient current funds are made available to the City by the United States Government for the Federal fiscal year. In addition, this RFP is subject to any additional restrictions, limitations, conditions or statue enacted by the Congress or State Legislature, which may affect the provisions, terms or funding of this RFP.

K. Insurance Requirements: See Exhibit B to the attached Sample Professional Services Agreement. Insurance and Agreement Provisions. Objections to any provisions must be identified in the proposal. If no objections are made, this will signify that the insurance requirements and agreement are acceptable as written.

Unless otherwise authorized by the City of Yreka, the selected consultant will be required to execute an agreement with the City of Yreka for the services requested.

If agreement on terms and conditions acceptable to the City of Yreka cannot be achieved, or if, after reasonable attempts to negotiate such terms and conditions, it appears that an agreement will not be possible, as determined at the sole discretion of the City of Yreka, the City of Yreka reserves the right to retract any notice of intent to award and proceed with awards to other consultants, or not award at all.

L. Conflict of Interest: Pursuant to 24 CFR 570.611, no member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contact, subcontract or RFP with respect to a CDBG-assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one (1) year thereafter. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose of this section. Additionally, The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code Sections 1090 et seq., or Sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the 247
performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.

M. Assignment: Any contract resulting from this bid and any amendments or supplements thereto shall not be assignable by the successful bidder either voluntarily or by operation of law, without the written approval of the City and shall not become an asset in any bankruptcy, receivership, or guardianship proceedings. Any assignee would need to have equivalent qualifications as to retain award eligibility.

N. Federal Terms and Conditions: During the performance of the contract, the Consultant must agree to comply with all applicable Federal laws and regulations including but not limited to the following:

1. AFFIRMATIVE ACTION:

85.36(e). City hereby notifies all Proposers that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged, minority and women's business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.

Minority and women-owned and operated businesses are encouraged to apply.

2. SECTION 3:

Should any of the work to be performed under the scope of this contract fall under project assisted funding, then work under that program providing direct federal financial assistance from the HUD, Community Development Block Grant Program is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and moderate income persons residing within the project area and that the contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the area of the project.

Regulations for implementing the Section 3 clause are contained in 24 CFR 135, as amended, and as identified in the project specifications.

3. NON-DISCRIMINATION CLAUSE:

Consultant and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the 248
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. Consultant and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

4. EQUAL OPPORTUNITY:

During the performance of this Contract, the Consultant agrees as follows:
a) The Consultant with comply with Executive Order 11246 of September 24, 1965 entitled Equal Employment Opportunity as amended by Executive Order 11375 of October 1967 as supplemented in Department of Labor regulations (41 CFR chapter 60).
b) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant will take affirmative action to ensure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City Setting forth the provisions of this nondiscrimination clause.
c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.
d) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the Consultant's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e) The Consultant will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, 249
regulations, and orders.
f) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g) The Consultant will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractors or vendor. The Consultant will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance:

Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractors or vendor as a result of such direction, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. h) The Consultant shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the Consultant and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe.
i) Bidders or prospective Consultants or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. j) Whenever the Consultant or subcontractor has a collective bargaining agreement or other Contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the Consultant, the Consultant shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. 250
k) The Secretary of Labor may direct that any bidder or prospective Consultant or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective Consultant deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require.
l) The Consultant will cause the foregoing provisions to be inserted in all subcontracts for work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

5. DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISE FEDERAL REGULATORY REQUIREMENTS UNDER 24 CFR 85.36(e):

The Consultant will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible.

Affirmative steps shall include:
a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
b) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
d) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises;
e) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

6. COPELAND “ANTI-KICKBACK” ACT (18 U.S.C. 874):

Consultant shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as 251
supplemented in Department of Labor regulations (29 CFR Part 3).

7. COMPLIANCE WITH ALL FEDERAL LABOR STANDARD PROVISIONS:

Consultant shall comply with all provisions contained in the form HUD-4010, Federal Labor Standards Provisions.

8. COMPLIANCE WITH SECTIONS 103 AND 107 OF THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327-330):

Consultant will comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). Requires the contracting officer to insert the clauses set forth in 29 CFR part 5, Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers).

9. REQUIREMENTS AND REGULATIONS PERTAINING TO DATA AND DESIGN:

All data and design and engineering work created under this Agreement shall be owned by the City and shall not be subject to copyright protection. The rights to any invention which is developed in the course of this Agreement shall be the property of the City.

10. REQUIREMENTS AND REGULATIONS PERTAINING TO REPORTING:

The City, State CDBG, HUD and the Comptroller General of the United States or any of their duly authorized representatives shall be granted access to any books, documents, papers and records of Consultant which are directly pertinent the contract.

11. COMPLIANCE WITH CLEAN AIR ACT AND CLEAN WATER ACT:

Consultant shall comply with all applicable standards, orders and requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h). a) Consultant shall comply with all applicable standards, orders and requirements issued under Section 508 of the Clean Air Act (33 U.S.C. 1368). b) Consultant shall comply with Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15).

12. COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT (Pub. L. 94- 163, 89 Stat. 871):

The Consultant shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163,89 Stat. 871).

13. D/MBE/WBE IMPLEMENTATION GUIDELINES:
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The following information, as applicable, shall be retained by Consultant and produced upon request by General Services if determined by General Services to be necessary to establish the bidder's "good faith efforts" to meet the Disadvantaged/Minority/Women Business Enterprise (D/M/WBE) requirements. a) The names and dates of advertisement of each newspaper, trade paper, and minority- focus paper in which a request for D/M/WBE participation for this project was placed by the bidder.
b) The names and dates of notices of all certified D/M/WBEs solicited by direct mail for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the D/M/WBEs were interested. c) The items of work for which the bidder requested sub-bids or materials to be supplied by D/M/WBEs, the information furnished interested D/M/WBEs in the way of plans, specifications and requirements for the work, and any breakdown of items of work into economically feasible units to facilitate D/M/WBE participation. Where there are D/M/WBEs available for doing portions of the work normally performed by the bidder with his own forces, the bidder will be expected to make portions of such work available for D/M/WBEs to bid on. d) The names of D/M/WBEs who submitted bids for any of the work indicated in (3) above, which were not accepted, a summary of the bidder's discussions and/or negotiations with them, the name of the subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's choice. If the reason for rejecting the D/M/WBE bid was price, give the price bid by the rejected D/M/WBE and the price bid by the selected subcontractor or supplier. e) Assistance that the bidder has extended to D/M/WBEs identified in (4) above to remedy the deficiency in their sub-bids.
f) To find a D/M/WBE certified firm, you may call (916) 445-3520, go on-line to:
http://www.dot.ca.eov/hq/bep, or via mail at: D/M/WBE Listing for County, CalTrans - Publications Distribution Unit, 1900 Royal Oaks, Sacramento, CA 95815-3800.

14. AUDIT, RETENTION AND INSPECTION OF RECORDS:

The Consultant agrees that the City, the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee will have the right to review, obtain, and copy all records pertaining to performance of this Agreement. The Consultant agrees to provide any relevant information requested and shall permit the City, the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with California Public Contract Code (PCC) Section 10115 et seq., Government Code (GC) Section 8546.7 and 2 CCR 1896.60 et seq.
253
The Consultant further agrees to maintain such records for a period of five (5) years after final payment under this Agreement, and that on or before the end of the five (5) year audit/retention period, the Consultant shall release and deliver to the City all original records and related documentation.
254

ATTACHMENT A
<This Sample Agreement is for Proposer information and review.> SAMPLE

PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES between the City of Yreka and [Insert Consultant’s Name]

1. PARTIES:

The parties to this contract are the City of Yreka, a municipal corporation of the State of California (the City) and (Consultant). This AGREEMENT is made and entered into on this day of , 2022.

2. SCOPE OF SERVICES:

2.1. The services to be provided by Consultant are described in Exhibit “A” which is made a part of this Agreement as if it were fully set forth at length hereat. This scope of work shall be referred to as “Services” in this Agreement.

2.2. Consultant represents and warrants that all services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in paragraph (a).

2.3. Consultant shall furnish all equipment, supplies, and facilities necessary and convenient to perform properly the services required herein. Without limitation, Consultant shall supply any needed computer equipment.

3. PAYMENT:

3.1. Payment for services. The City shall pay for services performed in accordance with this contract on a time and materials basis according to the payment and fee schedule contained in Exhibit “C.”

3.2. Reimbursement of expenses. Consultant will be reimbursed for actual, reasonable and necessary expenses incurred in the performance of services in accordance with the expense reimbursement schedule included in Exhibit “C.”

3.3. Maximum payment. The maximum payment under this contract for services and, if authorized, reimbursement of expenses shall not exceed the total amount in the payment and fee schedule contained in Exhibit “C”.

3.4. No payment for changed or additional Services shall be made unless the changed or additional work has first been approved in writing by the Contract Administrator and the parties have agreed upon the appropriate adjustment, if any, to the payment schedule and maximum payment amount for the changed or additional work. The Contract Administrator may order changes or additions to the scope of work. Whether a change or addition to the scope of work is proposed by the Consultant or ordered by the Contract Administrator, the parties shall in good faith negotiate an appropriate adjustment, if any, to the payment schedule and maximum payment for the changed or additional work. An approved change or addition, along with the payment adjustment, if any, will be effective upon an amendment to this contract executed by both parties. The amendment shall not render ineffective or invalidate unaffected portions of this contract.
255

3.5. Invoices. Consultant shall submit periodic itemized billings to City’s Administrator, allocated by Task according to Exhibit A, Scope of Work, and in a form acceptable to City, as well as any documentary evidence required by City. City’s Administrator shall review the invoice for accuracy. City shall pay to Consultant all charges determined to be accurate by City’s Administrator in the regular course of business. Payments are subject to a final audit upon completion of services or other termination of this contract.

3.6. Audit of Records. Consultant shall maintain complete and accurate records of all payrolls, expenditures, disbursements and other cost items charged to the City or establishing the basis for an invoice, for a minimum of four years from the date of final payment to Consultant. All such records shall be clearly identifiable. Consultant shall allow City Administrator to inspect, examine, copy and audit such records during regular business hours upon 24 hours’ notice.

4. TIME FOR PERFORMANCE:

4.1. Consultant will perform the services according to the schedule contained in Exhibit “A.” If the schedule calls for the services to be performed in phases or discrete increments, Consultant shall not proceed from one phase or increment to the next without written authorization from the Contract Administrator. Consultant will complete all services by .

4.2. Extension of time for unforeseen circumstances. In the event that the Consultant is unable to meet the completion date or schedule of services, if any, due to circumstances beyond Consultant’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, except strikes, lockouts, or work slowdown or stoppage of Consultant’s employees or subcontractors, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts, Consultant shall inform the Contract Administrator of the additional time required to perform the work and the Contract Administrator may adjust the schedule.

5. STANDARD OF PERFORMANCE:

5.1. Services shall be performed by Consultant in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of Consultant’s profession currently practicing in California. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws and to said professional standard of care.

5.2. Consultant’s responsibilities under this section are shall not be delegated. Consultant shall be responsible to the City for acts, errors, or omissions of Consultant’s subcontractors.

5.3. Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by the City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this contract and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant. 256

6. SUBCONTRACTORS:

6.1. City and Consultant recognize and acknowledge that Consultant is hereunder employed in a position where Consultant will be rendering services of a special, unique, unusual and extraordinary character requiring extraordinary ingenuity and effort by Consultant. The parties hereto recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience, and competence of Consultant. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of Consultant’s duties be delegated, without the express written consent of City. Any attempt to assign or delegate this Agreement without the express written consent of City shall be void and of no force or effect. Consent by City to one assignment shall not be deemed to be consent to any subsequent assignment. Consultant shall provide qualifications of assignees for review by City, which will not unreasonably withhold consent. Consultant shall not subcontract any portion of the work to be performed without the prior written authorization of City. If City consents to said subcontract, Consultant shall be fully responsible to City for all acts or omissions of subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

6.2. When subcontracting of Services is permitted, Consultant shall pay subcontractor within 10 days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use subconsultants for performance of any service under this contract.

6.3. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City.

7. CONSULTANT’S EMPLOYEES:

7.1. Immigration Reform and Control Act of 1986. Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Consultant’s officers, employees, agents and subconsultants that are included in this contract.

7.2. Limitation of City Liability. The payment made to Consultant pursuant to this contract shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subconsultants are entitled for performance of any work under this contract. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of Consultant.

7.3. Indemnification for Employee Payments. Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which the City may be required to make on behalf of Consultant or any employee of Consultant, or any employee of Consultant construed to be an employee of the City, for work done under this contract. 257
This is a continuing obligation that survives the termination of this contract.

8. INSURANCE
Consultant shall procure and maintain during the period of performance of this contract and for 24 months following completion, insurance from insurance companies authorized to do business in the State of California, as set forth in this section and Exhibit “2”, attached hereto and made a part of this Agreement as if it were fully set forth at length at this point. These policies shall be primary insurance as to the City so that any other coverage held by the City shall not contribute to any loss under Consultant’s insurance.

9. MISCELLANEOUS PROVISIONS:
[Deleted]

10. ADMINISTRATION:

Consultant’s business identification. Consultant’s agent for service of process is . Consultant is a (Professional
Corporation, Sole Proprietorship, etc. ). Consultant’s California Secretary of State’s corporate identification number is . Consultant’s Federal ID Number will be provided to the City on an IRS form W-9 prior to submitting a first invoice.

Consultant’s address is:

Consultant’s e-mail address is:

11. CITY’S REPRESENTATIVE.

The City’s representative for administration of this contract is or designee, who is the designated Contract Administrator. The City may change the Contract Administrator at any time upon notice to the Consultant.

12. CONSULTANT’S REPRESENTATIVE.

The Consultant’s representative for administration of this contract is , who is designated as the Project Administrator. The Consultant may change the Project Administrator upon written notice to and approval by the Contract Administrator.

13. NOTICES.

Any notice required to be given under this Agreement may be given by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested. Notice shall be deemed communicated as of three days from mailing or the day that personal service was effectuated. Mailed notices shall be addressed as set forth below, but each party may change addresses by written notice in accordance with this paragraph. 258
CITY: CONSULTANT:

City of Yreka
City Clerk
701 4th Street,
Yreka, CA 96097

13.1. Either party may change the address or identity of the person for notices under this paragraph by written notice to the other delivered in accordance with this paragraph.

13.2. ROUTINE ADMINISTRATIVE COMMUNICATIONS. Routine administrative communication required to be in writing may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Consultant and Contract Administrator.

IN WITNESS WHEREOF, the parties have executed this contract on the following date. “Consultant”
Name, Title
ATTEST:
(name), Corporate Secretary
“CITY”
City of Yreka
Jason Ledbetter
City Manager
ATTEST:
, City Clerk
259
Exhibit A: Scope of Work
Exhibit B: City of Yreka Insurance Requirements and Evidence of Coverage Exhibit C: Cost Proposal
Other Attachments:

Exhibit D: Vendor Application Form, Company Profile and References Exhibit E: Names and Titles of Corporate Board Members
Exhibit F: Ex Parte Communications Certification
Exhibit G: Disqualification Questionnaire
Exhibit H: Disclosure of Government Positions
Exhibit I: Federal Terms and Conditions
260
EXHIBIT “A” TO AGREEMENT

SCOPE OF WORK
<To be inserted here as part of agreement between City and Consultant> 261
EXHIBIT “B” TO AGREEMENT
City of Yreka Insurance Requirements for Professional Services Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or bothCG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by 262
the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity.

Waiver of Subrogation
Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 263
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 264
EXHIBIT “C” TO AGREEMENT

COST PROPOSAL
FOR

GRANT WRITING CONSULTANT SERVICES
<Cost Proposal, as negotiated and agreed upon from selected Consultant’s RFP submission, is to be inserted here as part of agreement between City and Consultant> 265

EXHIBIT D

VENDOR APPLICATION FORM
FOR

GRANT WRITING CONSULTING SERVICES
TYPE OF APPLICANT: ❑ NEW ❑ CURRENT VENDOR
Legal Contractual Name of Corporation:

Contact Person for Agreement:

Corporate Mailing Address:

City, State and Zip Code:

E-Mail Address:

Phone: Fax:

Contact Person for Proposals:

Title: E-Mail Address:

Business Telephone: Business Fax:

Is your business: (check one)
 NON-PROFIT CORPORATION ❑ FOR PROFIT CORPORATION Is your business:
(check one)
 CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP
 INDIVIDUAL ❑ SOLE PROPRIETORSHIP
 PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION
266

COMPANY PROFILE & REFERENCES
Company Profile
Company Legal Name:

Company Legal Status (corporation, partnership, sole proprietor etc.):

Active licenses issued by the California State Contractor’s License Board (if any):

Business Address:

Website Address:

Telephone Number: Facsimile Number:

Email Address:

Length of time the firm has been in business: Length of time at current location:

Is your firm a sole proprietorship doing business under a different name: Yes No If yes, please indicate sole proprietor’s name and the name you are doing business under:

Is your firm incorporated: Yes No If yes, State of Incorporation:

Federal Taxpayer ID Number:

Regular business hours:

Regular holidays and hours when business is closed:

Contact person in reference to this solicitation:

Telephone Number: Facsimile Number:

Email Address:

Contact person for accounts payable:

Telephone Number: Facsimile Number:

Email Address:

Name of Project Manager:

Telephone Number:

Email Address:

Facsimile Number:
267

COMPANY PROFILE & REFERENCES
Submit the company names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least five clients, preferably other municipalities for whom comparable projects have been completed or submit letters from your references which include the requested information.

Company Name: Telephone Number:

Contact Name: Contract Amount:

Email:

Address:

Brief Contract Description:

Company Name: Telephone Number:

Contact Name: Contract Amount:

Address:

Email:

Brief Contract Description:

Company Name: Telephone Number:

Contact Name: Contract Amount:

Email:

Address:

Brief Contract Description:

Company Name: Telephone Number:

Contact Name: Contract Amount:

Address:

Email:

Brief Contract Description:
268

EXHIBIT E
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts) Name Title Phone
Federal Tax ID #:

City of Yreka Business License Number:
(If none, you must obtain a Yreka Business License upon award of contract.) City of Yreka Business License Expiration Date:
269

EXHIBIT F

EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one statement.

I Certify That Proposer and Proposer’s Representatives Have Not Had Any Communication with a City Councilmember Concerning the Request for Proposal for Grant Writing, Administration, Labor Standards Compliance Services, Project Management and Implementation of Community Development Block Grant Programs and Other State and Federal Grant Programs at any time after December 4, 2020.

Date:

Signature
____________________________________________________
Print
OR
I certify that Proposer or Proposer’s representatives have communicated after December 4, 2020 with a City Councilmember concerning the Request for Proposal for Grant Writing, Administration, Labor Standards Compliance Services, Project Management and Implementation of Community Development Block Grant Programs and Other State and Federal Grant Programs. A copy of all such communications is attached to this form for public distribution.

Date:

Signature
____________________________________________________
Print
270

EXHIBIT G

DISQUALIFICATION QUESTIONNAIRE
The Consultant shall complete the following questionnaire:

Has the Consultant, any officer of the Consultant, or any employee of the Consultant who has proprietary interest in the Consultant, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space. 271

EXHIBIT H

DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of Consultant currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." 272

EXHIBIT I
Federal Terms and Conditions
During the performance of the contract, the Consultant must agree to comply with all applicable Federal laws and regulations including but not limited to the following:

1. AFFIRMATIVE ACTION:

The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the United States Department of Housing and Urban Development (HUD) and subject to 24 CFR 85.36(e). City hereby notifies all Proposers that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged, minority and women's business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. Minority and women-owned and operated businesses are encouraged to apply.

2. SECTION 3:

3. NON-DISCRIMINATION CLAUSE:

During the performance of this Agreement, Consultant and its subcontractors 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, and denial of family care leave. Consultant and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subcontractors 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. Consultant and its subcontractors shall give written notice of their obligations 273
under this clause to labor organizations with which they have a collective bargaining or other Agreement.

Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

4. EQUAL OPPORTUNITY:

During the performance of this Contract, the Consultant agrees as follows:
a) The Consultant with comply with Executive Order 11246 of September 24, 1965 entitled Equal Employment Opportunity as amended by Executive Order 11375 of October 1967 as supplemented in Department of Labor regulations (41 CFR chapter 60). b) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant will take affirmative action to ensure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City Setting forth the provisions of this nondiscrimination clause. c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin. d) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the Consultant's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e) The Consultant will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
f) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g) The Consultant will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the 274
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractors or vendor. The Consultant will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractors or vendor as a result of such direction, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. h) The Consultant shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed.

Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the Consultant and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe.
i) Bidders or prospective Consultants or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract.
j) Whenever the Consultant or subcontractor has a collective bargaining agreement or other Contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the Consultant, the Consultant shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information.
k) The Secretary of Labor may direct that any bidder or prospective Consultant or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective Consultant deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. l) The Consultant will cause the foregoing provisions to be inserted in all subcontracts for work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 275

5. DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISE FEDERAL REGULATORY REQUIREMENTS UNDER 24 CFR 85.36(e):

The Consultant will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible.

Affirmative steps shall include:
a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
b) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
d) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; e) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

6. COPELAND “ANTI-KICKBACK” ACT (18 U.S.C. 874):

Consultant shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).

7. COMPLIANCE WITH ALL FEDERAL LABOR STANDARD PROVISIONS:

Consultant shall comply with all provisions contained in the form HUD-4010, Federal Labor Standards Provisions.

8. COMPLIANCE WITH SECTIONS 103 AND 107 OF THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327-330):

9. REQUIREMENTS AND REGULATIONS PERTAINING TO DATA AND DESIGN:

10. REQUIREMENTS AND REGULATIONS PERTAINING TO REPORTING:
276
The City, State CDBG, HUD and the Comptroller General of the United States or any of their duly authorized representatives shall be granted access to any books, documents, papers and records of Consultant which are directly pertinent the contract.

11. COMPLIANCE WITH CLEAN AIR ACT AND CLEAN WATER ACT:

Consultant shall comply with all applicable standards, orders and requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h).
a) Consultant shall comply with all applicable standards, orders and requirements issued under Section 508 of the Clean Air Act (33 U.S.C. 1368). b) Consultant shall comply with Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15).

12. COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT (Pub. L. 94-163, 89 Stat. 871):

13. D/MBE/WBE IMPLEMENTATION GUIDELINES:

The following information, as applicable, shall be retained by Consultant and produced upon request by General Services if determined by General Services to be necessary to establish the bidder's "good faith efforts" to meet the Disadvantaged/Minority/Women Business Enterprise (D/M/WBE) requirements.
a) The names and dates of advertisement of each newspaper, trade paper, and minorityfocus paper in which a request for D/M/WBE participation for this project was placed by the bidder.
b) The names and dates of notices of all certified D/M/WBEs solicited by direct mail for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the D/M/WBEs were interested.
c) The items of work for which the bidder requested sub-bids or materials to be supplied by D/M/WBEs, the information furnished interested D/M/WBEs in the way of plans, specifications and requirements for the work, and any breakdown of items of work into economically feasible units to facilitate D/M/WBE participation. Where there are D/M/WBEs available for doing portions of the work normally performed by the bidder with his own forces, the bidder will be expected to make portions of such work available for D/M/WBEs to bid on.
d) The names of D/M/WBEs who submitted bids for any of the work indicated in (3) above, which were not accepted, a summary of the bidder's discussions and/or negotiations with them, the name of the subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's choice. If the reason for rejecting the D/M/WBE bid was price, give the price bid by the rejected D/M/WBE and the price bid by the selected subcontractor or supplier.
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e) Assistance that the bidder has extended to D/M/WBEs identified in (4) above to remedy the deficiency in their sub-bids.
f) To find a D/M/WBE certified firm, you may call (916) 445-3520, go on-line to:
http://www.dot.ca.eov/hq/bep, or via mail at: D/M/WBE Listing for County, CalTrans - Publications Distribution Unit, 1900 Royal Oaks, Sacramento, CA 95815-3800.

14. AUDIT, RETENTION AND INSPECTION OF RECORDS:

The Consultant further agrees to maintain such records for a period of five (5) years after final payment under this Agreement, and that on or before the end of the five (5) year audit/retention period, the Consultant shall release and deliver to the City all original records and related documentation.
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Prepared by: Rhetta Hogan, Assistant City Manager and Jerry Lemos, Fire Chief
Agenda Title: Motion to Authorize the City Manager to Sign a Contract for Financial Planning Services for a Fire Services Development Impact Fee Study with Capital Public Finance Group not to exceed $7,500.

Meeting date: August 2, 2022
Recommended Action:

Motion to award Authorize the City Manager to Sign a Contract for Financial Planning Services for a Fire Services Development Impact Fee Study with Capital Public Finance Group not to exceed $7,500.

Summary:

The City of Yreka is planning on a major capital project to build a new fire station. In 2020, the City hired a career Fire Chief to lead the volunteer firefighters and emergency medical response services. The City has been growing but the changes and impacts arising from growth and development are not being quantified in the City development impact fee structure. Capital Public Finance is qualified to assist the City in updating its development of fees and possible future financial plans to meet the growth related needs of fire and emergency medical services.

The Scope of Work in study will:
• Evaluate any the capital facility needs, including stations, apparatus, and equipment of the Fire Department;
• Evaluate the current facilities, apparatus and equipment standards based on the current service levels of the existing population base;
• Work with staff to review and evaluate planned facilities, apparatus and equipment needs in order to serve new development;
• Identify a cost basis for facilities, apparatus and equipment needs to be allocated to new development;
• Obtain new development information from the local land use agency; • Perform calculations to determine the capital cost per new unit of development within the City; • Produce and distribute the Study;
• Incorporate city staff and legal counsel comments into the Study; and • Present findings and results of Study to the City Council, as needed.

Fiscal Impact:

The cost of the study for professional services is budgeted in Measure H budget, and costs of the study may be offset by development fee revenue.
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Staff Recommendation:

Staff recommends engagement of Capital Public Finance Group, who is experienced in performing this specialized study of impacts from development to small rural volunteer fire departments throughout the state. Since adoption of the City’s Development Impact Fees, the City has not updated its development impact fee for Fire Services to incorporate the ESCI operations study for planned career firefighters, new fire station facilities and equipment, affected by growth and development in the City.

The City Attorney has reviewed the contract, and staff is working to incorporate his recommendations into the final PSA agreement.

Attachments:

1. Capital Public Finance Group Proposal

2. Sample Development Fee Impact Study Prepared by Capital PFG for the Newcastle Fire Protection District in 2020
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PARTNERSHIP PROPOSAL – FINANCIAL

PLANNING SERVICES
July 14, 2022
Prepared by:

Capitol Public Finance Group, LLC
2436 Professional Drive, Suite 300
Roseville, CA 95661
T (916) 641 2734
F (916) 921 2734
www.capitolpfg.com
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June 6, 2022
Since its inception,
Capitol PFG has provided
financial advisory
service in over 140
communities throughout
California.
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TABLE OF CONTENTS
INTRODUCTION .......................................................................................................... 2 PROFILE OF CAPITOL PFG ............................................................................................ 2 STAFFING AND PROJECT ORGANIZATION.......................................................................... 4 FINANCIAL ADVISORY SERVICES .................................................................................... 5 APPENDIX A: LOCAL REFERENCES .................................................................................... i APPENDIX B: PROPOSED AGREEMENT FOR FINANCIAL ADVISORY SERVICES ............................ ii 283
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INTRODUCTION
Capitol Public Finance Group, LLC (Capitol PFG) is pleased to present the City of Yreka with this proposal to provide advisory services for its Fire Services Development Impact Fees. Our team is well qualified and able to provide the City with the requested services.

A complete scope of work for the relevant financial advisory services is set forth in the attached Appendix B Proposed Agreement for Financial Advisory Services, Exhibit “A”. As noted in Exhibit “B” of the Proposed Agreement, Capitol PFG does not have a known potential or actual material conflict of interest that would impair our ability to provide the financial advisory services being offered.

PROFILE OF CAPITOL PFG
Capitol Public Finance Group, LLC (Capitol PFG) is a top brand financial advisor providing public finance services exclusively to California local governments. Our company and personnel have longevity in working together and are committed to delivering the very best service to our clients. We are thoughtful in providing advice and do so in a manner that is responsive to the needs of our clients. At Capitol PFG you will always find a principal of our firm to answer your phone calls, respond to your e-mails and show up for the City at meetings. You can have confidence in the work product that we deliver. Our work product will always be customized to your financial, legal and political objectives.

Since 2005, the Capitol PFG team has a successful track record of providing our clients with an exceptional level of financial consulting services. Capitol PFG is built on a team-based approach. Our team of three partners all provide client services from our office in Roseville.

Capitol PFG is registered with the SEC and MSRB as required by the Dodd-Frank Act. Our municipal advisor registration number with the U.S. Securities and Exchange Commission and Municipal Security Rulemaking Board are 867-00440 and K0554, respectively. Our tax identification umber is 20-2299628 and our business licence number for the City of Roseville is 00828421.

We pride ourselves on our personalized approach to issuing municipal securities. Our firm has a history of putting our client’s interests above our own and serving our public agency client’s interests and not Wall Street. This approach preserves the public dollar and ensures taxpayer’s interest are met. We believe in transparency. For every transaction we provide, evaluate, and communicate the costs and benefits of the various financing strategies so that City staff and the Board can make informed decisions and that community members have confidence in those decisions. Our approach also leaves room for innovative solutions as we are not simply focused on completing the “deal”. Capitol PFG’s financings have twice been awarded the Bond Buyer’s Far West Deal of the Year (Small Issuer), an industry award given to the Country’s most innovative financings.

Capitol PFG sets itself apart from other municipal advisory firms through our:

Personalized and customized approach based on our client’s unique interests; One-stopshop for facilities planning and comprehensive financial advisory services; Focus on transparency and ability to communicate complex financial information in a way that the City can make informed financial decisions; and Understanding of how educational program 284
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needs and community desires set the stage for facilities improvement needs and GO Bond funding.

As a Municipal Advisor, we have designed and marketed approximately 292 financings for $4.65 billion dollars of public financing throughout California since 2005. Capitol PFG works with each client to create financial plans, identify critical decision points, and evaluate relevant cost/benefits to assist our clients in making the best possible decisions to reach their objectives.

With Capitol PFG, it is NOT about the bonds. The issuance of bonds is simply the implementation of a well-conceived capital and financial plan designed to meet our public agency client’s goals in conjunction with the desires of their unique tax base. We understand the need for outreach and are knowledgeable and creative enough in our approach to debt structuring and bond issuance to customize a bond issuance plan that can meet the needs of varying interests.

We further pride ourselves on our techniques related to the education of staff, board and community partners on all aspects of the financing process. This effort in education is based on our high ethical standards and strong belief in public transparency. Our approach is tailored toward meeting each client’s needs, rather than churning out generic financing plans and transactions. For more information regarding Capitol PFG and our level of service and client commitment, please visit our website: www.capitolpfg.com.

Jeffrey Small, Esq.

Managing Partner
Capitol Public Finance Group, LLC
2436 Professional Drive, Suite 300
Roseville, CA 95661
Tel. (916) 641-2734
Fax (916) 921-2734
[email protected]
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STAFFING AND PROJECT ORGANIZATION
Quality service and personal relationships are essential in serving our public agency clients.

As such, in order to ensure high quality work and service levels, Capitol PFG operates based on a team approach with the principals of the firm taking direct responsibility for review and delivery of client work. This ensures a high level of quality control and aids in the development of long-standing client relationships. The firm’s principals, Cathy Dominico, Jeffrey Small and Chris Terry have seamlessly operated in a joint capacity for nearly 22 years. Cathy leads the firm’s strategic consulting efforts while Jeffrey leads the firm’s financial transactions. Chris provides additional client support on analytical and operational matters. The principals of the firm are supported by Stephanie Bell who is responsible for graphics and presentation.

Jeffrey Small, Esq., Financial Transactions & Strategic Consulting  Directs debt issuance and management services as well as strategic consulting services, including developer mitigation and capital facility financing plans  Approximately 31 years in public finance and 17 years at Capitol PFG  Bachelor of Arts Degree from the University of Arizona; Juris Doctor from California Western School of Law
 Registered with the U.S. Securities & Exchange Commission as a Municipal Advisor Representative and Principal (Series 50 and 54 Licenses). Attorney and active member of the California Bar Association
 Member, Placer County Conservation Authority Advisory Committee  Member, Auburn Rotary Club
Cathy Dominico, Strategic Consulting
 Directs strategic consulting services to Capitol PFG clients, including bond and facility planning, comprehensive analytic reports, and communication strategies  Approximately 21 years in public finance and 17 years at Capitol PFG  Bachelor of Science degree from the University of California, Davis  Registered with the U.S. Securities & Exchange Commission as a Municipal Advisor Representative and Principal (Series 50 and 54 Licenses).

Chris Terry, Quantitative Analysis and Operations
 Responsible for day to day operations
 Provides debt issuance services, analytical support, and administrative services to the firm and its clients
 Approximately 21 years in public finance and 17 years at Capitol PFG  Bachelor of Science Degree from the University of California, Davis  Registered with the U.S. Securities & Exchange Commission as a Municipal Advisor Representative (Series 50 License).

Stephanie Bell, Office Administrator and Project Support  Prepares client reports, studies, graphics and presentations  13 years at Capitol PFG
 Bachelor of Science program, BYU Idaho
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FINANCIAL ADVISORY SERVICES
Capitol PFG offers arguably the largest breadth and depth of public finance consultant services of any of the major financial advisors. Our work extends into cities, counties, school districts and fire districts throuought the state. This depth and breadth of service allows us to arrive on the job with all of the experience, technical proficiency and awareness that is needed to represent our public agency clients. Our services are listed below.

Financial Advisor Services
Impact Fee Studies
Developer Mitigation
Capital Facility Financing Plans
Comprehensive Financial Policies
Property Tax Analysis
Bond and Tax Measure Planning
Financial Communication Strategies and Presentations
USDA Rural Development Loans
Renewable Energy and Conservation Project Analysis
Bond Issuance and Lease Financings
Debt Management
Finally, with every project, Capitol PFG vigorously advocates for the financial interests of our client. Our principals will understand the details of your finances, your tax base and relationships that are critical to undertaking a successful project. We will look for every opportunity to enhace our clients bargaining position and deliver financial strategies that place our clients interests above our own.
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APPENDIX A: REFERENCES
Placer Hills/Newcastle/Penryn Fire Protection Districts Gillian Lofrano, District Manager
Tel. (530) 878-0405
[email protected]
Linda Fire Protection District
Kyle Heggstrom, Fire Chief
Tel. (530) 743-1553
[email protected]
Newman Fire Dept./West Stanislaus Fire Protection District Kevin Bowen, Fire-Division Chief
Tel. (209) 862-1716
[email protected]
American Canyon Fire Protection District
Martha Banuelos, Fire Executive Assistant/Office Administrator Tel. (707) 551-0653
[email protected]
City of Orland
Pete Carr, City Manager
Tel. (530) 865-1603
[email protected]
County of Sierra
Van Maddox, Auditor-Controller, Risk Manager, Treasurer-Tax Collector, Budget Tel. 530-289-3273 or 530-289-3286
[email protected]

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APPENDIX B: PROPOSED AGREEMENT FOR FINANCIAL ADVISORY SERVICES

CAPITOL PUBLIC FINANCE GROUP, LLC

AGREEMENT FOR

FINANCIAL ADVISORY SERVICES
Parties and Date.

This Agreement ("Agreement") is made and entered into this _____________, 2022, between the CITY of YREKA (the "City") and CAPITOL PUBLIC FINANCE GROUP, LLC ("Consultant") (collectively referred to as the "Parties" and each individually as the "Party").

Recitals.

Consultant. Consultant is a professional consultant, experienced and properly certified/licensed to provide the professional services described herein, and is familiar with the plans of the City.

Terms.

Scope of Services, Qualifications and Term.

General Scope of Services. Consultant promises and agrees to furnish all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply professional services, as more particularly described in the scope of work proposal and fee schedule set forth in Exhibit "A" attached hereto and incorporated herein by reference (collectively “Services”).

Fiduciary Duty. In accordance with the Municipal Securities Rulemaking Board Rules G-10 and G-42, Consultant has provided a Conflict of Interest Disclosure as set forth in Exhibit “B”. Consultant shall provide the City with periodic updates of Exhibit “B” on an asneeded basis. Any such updates of Exhibit “B” shall be incorporated by reference as of the date thereof into this Agreement to the same extent as if set forth herein.

Term. The term of this Agreement shall be from the date first written above and shall continue until June 30, 2024, unless earlier terminated as provided herein. The Parties may mutually agree to extend this term by written amendment.

General Considerations.

Control and Payment of Consultants and its Subordinates. The City retains Consultant on an independent contractor basis and Consultant is not an employee of the City.

Any additional personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of 289
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Services under this Agreement and as required by law including, but not limited to, the payment of prevailing wage, as applicable.

Conformance to Applicable Requirements. All work prepared by Consultant is subject to the approval of the City and any and all applicable regulatory State agencies, and shall be the property of the City.

Coordination of Services. Consultant agrees to work closely with the City staff in the performance of Services and shall be available to the City’s staff, consultants and other staff at all reasonable times.

Insurance. Consultant shall provide insurance in amount and type required by the City, if any, subject to the review and approval of the City. Consultant shall also provide City with the copies of its insurance policies prior to commencing work on the Project if required in writing by the City.

Fees and Payments.

Compensation. Consultant shall receive compensation, including reimbursements, for all Services rendered under this Agreement for the not-to-exceed fees set forth in Exhibit “A” attached hereto and incorporated herein by reference. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Reimbursement of Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing in advance by the City.

Payment of Compensation. The City shall pay Consultant within a reasonable time and in accordance with this Agreement.

Extra Work. At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any Services which are determined by the City to be necessary, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work except as set forth in an amendment to Exhibit “A.” Authority to Amend Agreement. As the authorized representative for the City for the purposes of binding the City to amendments to this Agreement, the City Manager or his/her designee, may authorize and execute an amendment to this Agreement to add Extra Work and/or increase the not-to-exceed fee by up to twenty-five percent if the City Manager identifies an immediate need for such an amendment. All such amendments executed by the City Manager shall be subject to ratification by the City’s governing board.

Maintenance of Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, 290
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data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.

General Provisions.

Suspension of Services. The City may, in its sole discretion, suspend all or any part of Services provided hereunder without cost; provided, however, that if the City shall suspend Services for a period of ninety (90) consecutive days or more and in addition such suspension is not caused by Consultant or the acts or omissions of Consultant, upon rescission of such suspension, the compensation will be subject to adjustment to provide for actual costs and expenses incurred by Consultant as a direct result of the suspension and resumption of Services under this Agreement. Consultant may not suspend its service without the City’s express written consent.

Termination of Agreement.

Grounds for Termination. The City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to the City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

Effect of Termination. If this Agreement is terminated as provided in this Section, the City may require Consultant to provide all finished or unfinished documents, data, programming source code, reports or any other items prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such documents and other information within fifteen (15) days of the request.

Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, the City may procure, upon such terms and in such manner as it may determine appropriate, services similar or identical to those terminated.

Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT:

CAPITOL PUBLIC FINANCE GROUP
2436 Professional Drive, Suite 300
Roseville, CA 95661
Tel.: (916) 641-2734
Attn: Jeffrey Small, Managing Partner
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CITY:

CITY OF YREKA
701 Fourth Street
Yreka, CA 96097
Attn: Shella Rhetta Hogan, Assistant City Manager

Such notice shall be deemed made when personally delivered to the address set forth above, or forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed as set forth above. Delivery of notice may also be made by overnight mail with proof of delivery; by facsimile with proof of transmission; or by email if receipt is acknowledged by the recipient of the email notice. Notice shall be deemed adequate on the date actual notice occurred, regardless of the method of service.

Mediation. Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the Parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the Parties.

Ownership of Materials and Confidentiality.

All materials and data prepared or collected by Consultant pursuant to performing the Services under this Agreement, shall be the sole property of the City, except for documents prepared solely for the Consultant’s business purposes and except that Consultant shall have the right to retain copies of all such documents and data for its records or as may be required by laws, rules and regulations applicable to the Consultant. The City shall not be limited in any way in its use of such materials and data at any time, provided that any such use not within the purposes intended by this Agreement shall be at the City’s sole risk and provided that Consultant shall be indemnified against any damages resulting from such use, including the release of this material to third parties for a use not intended by this Agreement.

Should the City wish to obtain possession of any such materials or data during the term of this Agreement or upon completion of the term of this Agreement, it shall make its request in writing. Such information shall be provided to the City within a reasonable time after its request.

Limitation of Liability. In the absence of willful misconduct, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of Consultant or any of its associated persons, Consultant and its associated persons shall have no liability to City for any act or omission in the course of, or connected with, rendering services hereunder, or for any error of judgment or mistake of law, or for any loss arising out of any issuance of municipal securities, any municipal financial product or any other investment, or for any financial or other damages resulting from City’s election to act or not to act, as the case may be, contrary to any advice or recommendation provided by Consultant to City. No recourse shall be had against Consultant for loss, damage, liability, cost or expense (whether direct, indirect, or consequential) of City arising out of or in defending, prosecuting, negotiating or responding to any inquiry, questionnaire, audit, suit, action, or other proceeding brought or received from the Internal 292
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Revenue Service in connection with any issuance of municipal securities, any municipal financial product or any other investment or otherwise relating to the tax treatment of any issuance of municipal securities, any municipal financial product or any other investment, or in connection with any opinion or certificate rendered by counsel or any other party.

Notwithstanding the foregoing, nothing contained in this paragraph or elsewhere in this Agreement shall constitute a waiver by the City of any of its legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived, nor shall it constitute a waiver or diminution of Municipal Advisor’s fiduciary duty to the City (if applicable) under Section 15B(c)(1) of the Securities Exchange Act of 1934, as amended, and the rules thereunder..

Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

Governing Law. This Agreement shall be governed by the laws of the State of California. Any action brought to enforce the terms of this Agreement shall be brought in a state or federal court located in the County of Siskiyou, State of California.

Time of Essence. Time is of the essence for each and every provision of this Agreement.

The City’s Right to Employ Other Consultants. The City reserves right to employ other consultants in connection with this Project. However, Consultant shall be the exclusive consultant for purposes of the Services as noted within this Agreement, unless terminated as provided herein.

Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties, and shall not be assigned by Consultant without the prior written consent of the City.

Amendments. This Agreement may not be amended except by in writing signed by the City and Consultant. Consultant agrees to promptly amend or supplement this Agreement to reflect any material changes or additions to this Agreement.

Severability. If any section, subsection, sentence, clause or phrases of this Agreement, or the application thereof to any of the Parties, is for any reason held invalid or unenforceable, the validity of the remainder of the Agreement shall not be affected thereby and may be enforced by the Parties to this Agreement.

Interpretation. In interpreting this Agreement, it shall be deemed that it was prepared jointly by the Parties with full access to legal counsel of their own. No ambiguity shall be resolved against any party on the premise that it or its attorneys were solely responsible for drafting this Agreement or any provision thereof.

Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 293
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Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is expressly specified in writing.

Board Approval Required. This Agreement shall not be binding nor take effect unless approved or ratified by the City’s governing noard. Any amendments, except as required by law, to this Agreement shall require Board approval or ratification.

Exhibits and Recitals. All Exhibits and Recitals contained herein are hereby incorporated into this Agreement by this reference.

Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which shall constitute one agreement. Copies of signatures shall have the same force and effect as original signatures.

Authority to Execute. The persons executing this Agreement on behalf of their respective Parties represent and warrant that they have the authority to do so under law and from their respective Parties.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their authorized officers as of the day, month and year first written above.

CITY OF YREKA
By: _____________________________
Name: Jason Ledbetter
Title: City Manager

CAPITOL PUBLIC FINANCE GROUP
By: _____________________________
Name: Jeffrey Small
Title: Managing Partner
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EXHIBIT “A”
Scope of Work and Fee Schedule
At the direction of the City, Capitol PFG will provide the following Services:

Fire Services Development Impact Fee Study
In order to complete the Fire Services Development Impact Fee Study (Study) requested, the following scope of work is anticipated:
• Evaluate any the capital facilities needs, including stations, apparatus, and equipment of the Fire Department;
• Evaluate the current facilities, apparatus and equipment standards based on the current service levels of the existing population base;
• Work with staff to review and evaluate planned facilities, apparatus and equipment needs in order to serve new development;
• Identify a cost basis for facilities, apparatus and equipment needs to be allocated to new development;
• Obtain new development information from the local land use agency; • Perform calculations to determine the capital cost per new unit of development within the City;
• Produce and distribute the Study;
• Incorporate city staff and legal counsel comments into the Study; and • Present findings and results of Study to the City Council, as needed.

Based on the anticipated work plan, staff from the city will provide background data and information to Capitol PFG, will be consulted with at various points throughout the process, and will be asked to provide feedback and comments on the draft Study.

To complete a Fire Services Development Impact Fee Study and present the study to the City Council for approval, Capitol PFG would charge a flat project fee of $7,500, to be billed at the completion of the Study, after the meeting at which the Fire Services Development Impact Fee Study is considered for approval by the City Council.

Advisory services related to assistance with new development, or work for the City outside of the scope of services identified in this proposal will be billed at our standard hourly rate of $215 monthly for time incurred

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EXHIBIT “B”
MSRB Rule G-10 and G-42 Supplement
Conflict of Interest and Other Regulatory Disclosure for Debt Issuance City of Yreka
As of July 14, 2022
As part of the fiduciary duty Municipal Advisors owe to their clients, Capitol PFG is providing this supplement to advise you of actual or potential conflicts of interest. Capitol PFG is identifying actual or potential conflicts of interest by marking the relevant conflict in the boxes below; providing a brief explanation of the nature, implications and potential consequences of each conflict; and providing an explanation of how Capitol PFG will manage or mitigate the conflict.
 any actual or potential conflicts of interest of which it is aware after reasonable inquiry that could reasonably be anticipated to impair its ability to provide advice to or on behalf of the client in accordance with its fiduciary duty to municipal entity clients  any affiliate of the municipal advisor that provides any advice, service, or product to or on behalf of the client that is directly related to the municipal advisory activities to be performed by the disclosing municipal advisor
 any payments made by the municipal advisor, directly or indirectly, to obtain or retain an engagement to perform municipal advisory activities for the client  any payments received by the municipal advisor from a third party to enlist the municipal advisor’s recommendation to the client of its services, any municipal securities transaction or any municipal financial product
 any fee-splitting arrangements involving the municipal advisor and any provider of investments or services to the client
 any conflicts of interest arising from compensation for municipal advisory activities to be performed that is contingent on the size or closing of any transaction as to which the municipal advisor is providing advice
 any other engagements or relationships of the municipal advisor that could reasonably be anticipated to impair the municipal advisor’s ability to provide advice to or on behalf of the client in accordance with its fiduciary duty to municipal entity clients  Capitol PFG has determined, after exercising reasonable diligence, that it has no known material conflicts of interest that would impair its ability to provide advice to the City of Yreka in accordance with its fiduciary duty to the City. To the extent any such conflicts of 296
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interest arise after the date of this Agreement, Capitol PFG will provide information with respect to such conflicts in the form of a written supplement to this Agreement.  any legal or disciplinary event that is material to the City of Yreka’s evaluation of Capitol PFG or the integrity of its management or advisory personnel While Capitol PFG does not believe that the following represents a potential or actual material conflict of interest, Capitol PFG notes that it serves a variety of other clients that may from time to time have interests that could have a direct or indirect impact on the interests of another Capitol PFG client. For example, Capitol PFG serves as municipal advisor to other municipal advisory clients and, in such cases, owes a regulatory duty to such other clients just as it does to the City. These other clients may, from time to time and depending on the specific circumstances, have competing interests. In acting in the interests of its clients, Capitol PFG could potentially face a conflict of interest arising from these competing client interests. Capitol PFG fulfills its regulatory duty and mitigates such conflicts through dealing honestly and with the utmost good faith with the City.

Municipal Advisor Registration, Legal and Disciplinary Events Capitol PFG is registered as a “Municipal Advisor” pursuant to Section 15B of the Securities Exchange Act and rules and regulations adopted by the United States Securities and Exchange Commission (“SEC”) and the Municipal Securities Rulemaking Board (“MSRB”).

The MSRB has made available on its website (www.msrb.org) a municipal advisory client brochure that describes the protections that may be provided by MSRB rules and how to file a complaint with the appropriate regulatory authority.

As part of its SEC registration Capitol PFG is required to disclose to the SEC information regarding criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation involving Capitol PFG. Pursuant to MSRB Rule G-42, Capitol PFG is required to disclose any legal or disciplinary event that is material to the Client’s evaluation of Capitol PFG or the integrity of its management or advisory personnel. Capitol PFG has determined that no such event exists.

Copies of Capitol PFG filings with the United States Securities and Exchange Commission can currently be found by accessing the SEC’s EDGAR system Company Search Page which is currently available at https://www.sec.gov/edgar/searchedgar/companysearch.html and searching for either Capitol Public Finance Group, LLC or for our CIK number which is 0001614042.

There have been no material changes to the legal or disciplinary events that Capitol PFG has disclosed to the SEC.

Information for Municipal Advisory Clients
The MSRB provides a municipal advisory client brochure that is posted on its website. The brochure describes protections that may be provided by the MSRB and how to file a complaint with an appropriate regulatory authority.
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xi July 14, 2022
The MSRB Client Brochure may be found at the following link:
http://www.msrb.org/~/media/Files/Resources/MSRB-MA-Clients-Brochure.ashx?la=en 298

SAMPLE REPORT

DEVELOPMENT IMPACT FEE STUDY

FIRE FACILITIES
MAY 2020
Prepared by:
2436 Professional Drive, Suite 300
Roseville, CA 95661
(916) 641-2734
www.capitolpfg.com
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SAMPLE REPORT
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TABLE OF CONTENTS
SECTION 1: EXECUTIVE SUMMARY ........................................................................ 1 SECTION 2: METHODOLOGY FOR IMPACT FEE STUDY ............................................ 2 FACILITY STANDARDS METHODOLOGY.............................................................................. 2 SECTION 3: THE MITIGATION FEE ACT .................................................................. 4 PURPOSE OF THE FEE ................................................................................................. 4 USE OF THE FEE....................................................................................................... 4 BENEFIT RELATIONSHIP .............................................................................................. 5 BURDEN RELATIONSHIP .............................................................................................. 5 PROPORTIONALITY .................................................................................................... 5 OTHER REQUIREMENTS OF AB 1600 ............................................................................... 5 SECTION 4: DISTRICT DEMOGRAPHIC DATA ......................................................... 7 SECTION 5: PREVIOUS STUDIES/CURRENT FEES .................................................. 9 SECTION 6: ANTICIPATED GROWTH .................................................................... 10 SECTION 7: NECESSARY FACILITIES ................................................................... 11 FACILITIES COSTS .................................................................................................. 11 APPARATUS, VEHICLE & CAPITAL EQUIPMENT COSTS .......................................................... 11 AVAILABLE REVENUE SOURCES.................................................................................... 12 TOTAL ESTIMATED COSTS ......................................................................................... 12 SECTION 8: DEVELOPMENT IMPACT FEE CALCULATION ...................................... 13 IMPACT FEE CALCULATION ..................................................................................... 13 IMPOSING THE FEE ON DIFFERENT TYPES OF PROPERTY TYPES........................................ 14 SECTION 9: ASSESSING THE FEE ......................................................................... 15 SECTION 10: IMPLEMENTATION .......................................................................... 16 FIRE DISTRICT BOARD APPROVAL ................................................................................ 16 COUNTY BOARD OF SUPERVISORS APPROVAL ................................................................... 16 FEE ACCOUNTING ................................................................................................... 16 USE OF THE FEE..................................................................................................... 16 INFLATION ADJUSTMENT ........................................................................................... 17 REPORTING REQUIREMENTS ....................................................................................... 17 300

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SECTION 1: EXECUTIVE SUMMARY
The Newcastle Fire Protection District (the “District”) provides fire protection, fire prevention, emergency medical, technical rescue and disaster response to the community of Newcastle and the surrounding rural area in Placer County.

This study is intended to update the development impact fee imposed by the District. This report summarizes an analysis of the need for fire facilities and equipment to accommodate new development within the District’s boundaries and documents a reasonable relationship between new development, the fee, and the facilities and capital equipment to be funded.

Placer County has and will continue to experience growth. As a consequence, local public works are faced with the challenge of providing service to an expanding customer base with limited resources for upgrading the infrastructure necessary to accommodate such expansion. The District too faces the challenge of providing fire facilities and services to service new development within its boundaries. A major funding revenue source available to the District is its fire impact fee program. The impact fees collected as a result of new construction provides a major funding source for the construction of fire facilities and purchase of vehicles and equipment, necessary for this purpose.

This report updates the development impact fee based on the current values of all fire equipment and facilities necessary to protect current residents at current levels. This fee is translated in a per square foot cost that is imposed on any new construction which may occur. Impact fees paid will allow for the District to provide all necessary facilities, vehicles, and equipment necessary to maintain current service levels. All data contained in this report was obtained from the District.

This report supports the adoption of a development impact fee for fire facilities of $1.21 per square foot of new construction. This fee is in compliance with the Mitigation Fee Act (California Government Code Section 66000 et. seq.), and this report substantiates the findings required by the Act.

Upon the submittal of this report to the District, it is incumbent upon the District Board of Directors (the “Board”), assisted by staff, to review and evaluate the report for accuracy and agreement with the conclusions presented. Once the Board is satisfied that the legislative requirements of Government Code Section 66000 et. seq. are met and the fee adjustment recommendations are valid, the Board shall submit a recommendation regarding the fee adjustments to the Placer County Board of Supervisors for enactment.

After accepting and considering public input, the County Board of Supervisors shall vote to approve findings and a resolution to set the appropriate fees. If accepted, the fees would be imposed pursuant to the County’s development “police powers” under Article XI, section 7, of the California Constitution.
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SECTION 2: METHODOLOGY FOR IMPACT FEE STUDY
Development impact fees are calculated to fund the capital needs that are a direct result of growth due to new development. In order to fund the improvements needed due to growth occurring within the District, it is necessary to determine what the appropriate fee should be, including at what rate the fee should be assessed. There are four basic steps followed in the calculation of any development impact fee, these include:

1. Prepare growth projections;

2. Identify facility standards;

3. Determine the amount and cost of facilities required to accommodate new development based on facility standards and growth projections;

4. Calculate the public facilities fee by allocating the total cost of facilities per unit of development (on a square foot basis).

Facility Standards Methodology
One important issue in development impact fee studies is the identification of facility standards. Projections must be made of the new facilities that will be required to adequately serve new development. Facility standards determine new development’s total need for new facilities and each development unit’s fair share of those needs. Standards also ensure that new development does not fund deficiencies associated with existing development, as specified by legislative statute.

The types of standards that may be used in a development impact fee study include:
 Demand Standards – determine the amount of facilities required to accommodate growth, for example fire response per thousand new residents.  Cost Standards – determine the cost per unit of demand based on the estimated cost of facilities, for example cost to provide fire services per capita.  Design Standards – determine how a facility should be designed to meet expected demand, for example the size of the new fire stations needed.

The capital needs identified in this study are based on Cost Standards, whereby, the District will determine the cost per unit of demand based on the estimated cost of facilities per structure in the District.

The most commonly accepted approaches to determining a facility standard are described below.
 The Existing Inventory Method – uses a facility standard based on the ratio of existing facilities to the existing service population. Under this approach, new development funds the expansion of facilities at the same standard currently serving existing development. By definition the existing inventory method results in no facility deficiencies attributable to existing development. This method is often used when a long-range plan for new facilities is not available. Only the initial facilities to be funded with fees are identified in the fee study. Future facilities to serve growth are identified through an annual capital improvement plan and budget process.
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 The Master Plan or System Method – calculates the standard based on the ratio of all existing plus planned facilities to total future demand (existing and new development). This method is used when (1) the local agency anticipates increasing its facility standard above the existing inventory standard discussed above, and (2) planned facilities are part of a system that benefit both existing and new development. Using a facility standard that is higher than the existing inventory standard creates a deficiency for existing development. The jurisdiction must secure non-fee funding for that portion of planned facilities required to correct the deficiency.
 The Planned Facilities Method – calculates the standard solely based on the ratio of planned facilities to the increase in demand associated with new development. This method is appropriate when planned facilities only benefit new development, such as a new fire station in a previously undeveloped area.

This method also may be used when there is excess capacity in existing facilities that can accommodate new development. In that case new development can fund facilities at a standard lower than the existing inventory standard and still provide an acceptable level of facilities.

This study uses the Master Plan Method to determine facility standards. Through use of the Master Plan Method, planned new facilities will benefit both existing and new development therefore the purchase of facilities, equipment, and vehicles necessary to mitigate the increase in demand will be allocated to both. The District currently provides fire and emergency response services to a large response area. Given the District’s size and limited response and protection facilities, vehicles, and equipment available at any one time, it is understandable that new construction will only exacerbate the protection challenges of the District. Given such facts, the District has determined that current service levels will be used as a benchmark and that new construction will not adversely affect these service levels.

To mitigate new construction’s impact on the District’s service capabilities, new development must be required to pay development impact fees. Assuming that the current levels of service being provided to the District’s residents are to be considered the standard, any additional construction within the District’s boundaries which requires fire or emergency response services, will pay an impact fee that is proportionate to such service. Given the existing demands placed on the District, existing stations and equipment should not be utilized to accommodate new construction at the expense of existing service levels. In order to offset the impact, the development impact fees will be used to construct or purchase new facilities, equipment, and vehicles necessary to accommodate such growth.

The District has the flexibility to alter the list of necessary facilities shown in this report as conditions change. If the overall cost of facilities necessary to mitigate the anticipated residential and commercial growth is altered significantly then the District should update this fee program to incorporate those changes

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SECTION 3: THE MITIGATION FEE ACT
In 1987, the California Legislature adopted Assembly Bill 1600 which established a uniform process for formulating, adopting, imposing, collecting, accounting for, and protesting impact fees. In order to impose an impact fee, a local agency must go through a process to establish a reasonable relationship between a development project and the public improvement for which the development fee is charged.

The most important part of AB 1600 is the requirement for findings that connect any impact stemming from a development project to the type and amount of the fee imposed or what is commonly referred to as the “Nexus” requirement. Government Code Section 66001 states that after January 1, 1989, in any action “establishing, increasing, or imposing a fee as a condition of approval of a development project,” the local agency shall do all of the following:
1) Identify the purpose of the fee.
2) Identify how the fee is to be used. If the use is for financing public facilities, the facilities shall be identified.
3) Determine how a reasonable relationship exists between the fee's use and the type of development project on which the fee is imposed. 4) Determine how a reasonable relationship exists between the need for the public facility and the type of development project on which the fee is imposed.
5) Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.

Purpose of the Fee
The purpose of this development impact fee is to ensure that new development within the District pays its proportionate share of the capital investments to be made by the District along with its share of future capital costs, which are necessary to provide fire protection, fire suppression and other fire safety services adequate to accommodate a growing service population. The District is prudent in requiring that new development not burden existing property owners with the cost of public facilities required to accommodate growth. The District can further this objective through the imposition of development impact fees. The purpose of the development impact fee is to implement this policy by providing a funding source from new development for capital improvements to serve that development. The fee helps to ensure that the level of service is maintained as new development offsets the increased costs of providing service as growth occurs.

Use of the Fee
The development impact fee will fund new fire stations, apparatus, vehicles, and capital equipment needed to serve new development. All facilities and capital equipment will be located within the boundaries of the District. As detailed in the following sections of this report, these facilities include:
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 land for new fire stations
 fire station construction or expansion
 fire apparatus acquisition
 vehicle acquisition
 capital equipment acquisition
 financing costs associated with the above listed capital expenditures This report provides the cost estimates for projected facility needs.

Benefit Relationship
The District will restrict fee revenues to the acquisition of land, construction/reconstruction/expansion of buildings, and purchase of apparatus, vehicles and capital equipment and related financing costs to serve new development. Fire facilities and capital equipment funded by the fee will further the District-wide network of services accessible to the additional residences and businesses associated with new development.

Thus, there is a reasonable relationship between the use of fee revenues and the residential and non-residential types of new development that will pay the fee.

Burden Relationship
The purpose of assessing an impact fee is to provide the capital resources necessary to sustain a constant level of service for fire protection, emergency medical response, rescue and extrication, containment and mitigation of hazardous materials exposure, and other life safety services that is required of a growing service population. The relationship between the fee’s use and the specific type of development is dependent upon the available development statistics. Based on the District’s recommendations outlined in the National Fire Protection Association (“NFPA”) Standards and the District’s historical experience in serving various development types within its boundaries, we are able to identify those structures that impose special or extraordinary mitigation needs for the District. The impact fee is assessed accordingly, whereby, all fees are tiered so that high and moderate hazard, commercial or industrial structures, which carry an inherently greater risk for fire safety and as a result require more equipment and complex facilities to serve such structures, pay a higher per square foot fee than low hazard units.

Proportionality
The reasonable proportionality relationship can be established by identifying the facility costs attributable to future development, then establishing fee rates that allocate those costs in proportion to the demands created by each type of development project. The fee apportions costs between the existing population and new development in a manner proportional to their contribution of the need for that facility. Further, fees are imposed based on building size as measured by habitable and enclosed square feet of each building.

Thus, larger buildings that have a greater demand for service pay a proportionately higher fee than smaller buildings.

Other Requirements of AB 1600
In addition to the Nexus requirements, AB 1600 also outlines the accounting for future revenue received through imposition of impact fees on new construction projects. AB1600 requires that upon receipt of a fee, the local agency deposit into a separate capital facilities account or fund, in a manner to avoid any commingling of the fees with other revenues and 305

SAMPLE REPORT
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funds of the agency, and expend the fees solely for the purpose for which the fee was collected. Interest gained on the capital facilities accounts or funds shall be separated, accounted and expended in the same manner.

The agency Board shall make findings once each fiscal year with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after the deposit of the fee. The findings shall identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged.

The agency shall refund to the current record owner(s) of the project, on a prorated basis, the unexpended or uncommitted portion of the fee, with interest, for which the required findings cannot be made. Upon certain circumstances, with appropriately noticed hearings, the legislation allows alternative actions.

The agency shall annually adopt and update, by resolution at a publicly noticed hearing, any capital improvement plan defined in this legislation.
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SECTION 4: DISTRICT DEMOGRAPHIC DATA
The District serves the unincorporated community of Newcastle, as well as the surrounding rural area in the Sierra Foothills of Placer County. As shown in Figure 1, the District is located south of the City of Auburn and west of the North Fork American River.

FIGURE 1
The District was established in 1868 and has been located in the same building since 1922 in the town of Newcastle. The District is responsible for the protection of a variety of geographical areas, ranging from residential neighborhoods, commercial and industrial buildings, rural areas, as well as a portion of Highway 193. The District covers 15 square miles and serves a population of approximately 2,000 people residing in almost 1,600 housing units.

The District provides a full range of services, including fire prevention; fire suppression; and emergency medical response in addition to a variety of other miscellaneous requests, responding to an average of approximately 620 calls per year. Additional services include a year-round Fire Prevention program incorporating building occupancy inspections, new building plan reviews and an aggressive risk reduction and Public Education delivery model.

The District is a Special District, a self-governed agency led by a five-member Board of Directors. The District is composed of 6 full time employees, 2-3 volunteers and occasional interns.
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As shown in the chart below, from 2015 through 2019, the District responded to 3,102 calls for service. Approximately 45% of the calls were for Rescue and EMS.

Source: Newcastle Fire Protection District
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SECTION 5: PREVIOUS STUDIES/CURRENT FEES
The Newcastle Fire Protection District’s previous development impact fee study was prepared in March 2014. Based upon the analysis performed by Willdan Financial Services, Table 1 below shows the development impact fees for fire facilities that were recommended:

TABLE 1
Capitol Public Finance Group, LLC was contracted by the Newcastle Fire Protection District to provide this updated Development Impact Fee Study. This study is intended to establish the legal and policy basis for the calculation and imposition of impact fees on all new development within the District. The study will analyze the impact of recent and future construction on the needs of District, evaluate the existing mitigation program that was adopted in March 2014, and consider the changes that have occurred in the development community since the study was completed.

Ultimately, this study will demonstrate the need for an increased development impact fee due to the increasing amount of development within the District’s boundaries and the rapidly increasing cost of building public facilities.
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SAMPLE REPORT
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SECTION 6: ANTICIPATED GROWTH
Placer County and the District have and continue to experience growth given the relative affordability of land and homes and proximity to major urban centers. Over the last five years the District has seen the addition of 7 residential units per year, as shown in Table 2 below. It is expected that this rate of growth will continue over the next five years for a total of approximately 35 new residential units.

TABLE 2
Source: ParcelQuest
As the demand for fire suppression and emergency response increases due to new construction, the capabilities and overall quality of protection services and personnel provided, degrades proportionally. The only plausible mitigation from the District’s perspective is the addition of facilities, equipment, and personnel to provide existing service levels to any new construction which may occur. This is accomplished through the modernization and upgrade of existing facilities, or the construction of entirely new facilities.

This will serve to support timely response and maintain adequate supplies of apparatus and equipment so that the District may maintain its current service levels while accommodating any new growth.

As residential construction continues, an inherent demand for commercial facilities may also be created. As these developments may significantly affect the District’s service requirements, the District must consider these properties when planning and assessing its ability to maintain high levels of service to existing residents as well as these new properties that will be added to its service population.

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SECTION 7: NECESSARY FACILITIES
The District has determined that a new station is necessary to provide fire service at adequate levels. The new station will enable the District to maintain existing levels of service to its current residents while providing for the same high-quality service to all new development which occurs within the District’s boundaries. The specific facilities to be constructed are categorized based on the following categories:
 Land
 New Station
 Apparatus and Vehicles
 Capital Equipment
Facilities Costs
The District currently services its population out of a single fire station. In order to adequately serve the fire and emergency medical service demands of the District’s current and future population, the District has determined that the existing fire station will need to be replaced with a new fire station. The new station will be constructed with sufficient capacity to store apparatus, vehicles, equipment, and the people necessary to accommodate both the current service population and any additional growth. The estimated cost to construct and furnish a new station is approximately $3,560,000. The land was donated to the District and is not a part of this cost.

Apparatus, Vehicle & Capital Equipment Costs
The District’s existing service capabilities are currently at maximum capacity. The District has a policy that new development will not adversely impact the existing service levels and subsequently response capabilities. As the District’s existing fleet ages, new apparatus and equipment will need to be purchased to both meet the demands of the existing service population and offset the increased demand and meet the standards set forth in Section 7.

The District has projected that it will require acquisition of the apparatus, vehicle and equipment shown in Table 3.

TABLE 3
Source: Newcastle Fire Protection District
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Available Revenue Sources
The District intends to commit all available developer fee funds to the projects. As of May 2020, the District had $71,012 in developer fees available to commit to facilities projects.

Total Estimated Costs
Therefore, the District’s total unfunded facilities need is equal to the total amount of facilities costs less any available funding sources. In total, the District projects that it will require an estimated $4,365,488 of facilities, apparatus, vehicles and equipment over the next 5 years. The estimated costs are summarized in Table 4 below.

TABLE 4
Source: Newcastle Fire Protection District
The District is currently utilizing all available mitigation and General Fund revenues to fund existing expenditures and will not have sufficient funds to offset the cost of future capital needs.

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SECTION 8: DEVELOPMENT IMPACT FEE CALCULATION
The District has not increased its development impact fees since the approval of the impact fee study performed in 2014; all the while, facilities, apparatus, vehicles and equipment costs have increased.

To properly express the impact of new construction on the service quality and capabilities of the District, the District’s impact fee will be justified by taking the total value of assets of the District and dividing the value across all assessable improved parcels within the District boundaries. Then, the average size of units within the District will be applied to the per unit value to determine a per square foot value.

Impact Fee Calculation
To calculate the amount of the development impact fee necessary on a per square foot basis, for all properties within the District’s boundaries, we will identify the cost to provide facilities and equipment to new construction at existing levels. To accomplish this goal, we must first identify the total number of improved parcels within the District. Although the District covers a wide ranging service area, including open land and large forest areas, the impact fee calculated will include solely improved parcels with assessable square footage.

Based on information provided by the District, the total number of improved parcels within the District’s boundaries is approximately 1,601. As stated in Section 6, the District expects an additional 35 new residential units to be constructed over the next five years. Therefore, the total number of improved parcels expected to be within the District’s boundaries is approximately 1,636.

As it is the District policy that new development will have no impact on the service levels and quality afforded to existing residents and protected structures, the only plausible mitigation for proposed new construction, is payment of impact fees that will serve to provide facilities and equipment at existing levels. To calculate the fee, a per square foot value will be calculated, representing the total fee necessary on a per square foot basis, to provide the land, facilities, apparatus, vehicles and equipment necessary, on a proportional basis.

In Section 7 it was determined the District has a total estimated cost of $4,365,488 for new facilities, apparatus, vehicles and equipment. With, a combined 1,636 new and future improved parcels in the District, the capital cost per improved parcel is approximately $2,668.

The final piece of the impact fee calculation is the determination, on a per square foot basis, the total impact fee that is necessary to mitigate the effect of new construction. As the mitigation fees are being charged on a per square foot basis, this can be calculated by dividing the “per dwelling value” by the average square footage of dwellings within the District. This calculation, will then provide the fee, on a per square foot basis, that will Per Improved Parcel Value
$4,365,488 / 1,636 improved parcels = $2,668 per improved parcel 313

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provide the necessary resources to offset the impact of construction, at the existing levels.

Using ParcelQuest, it was determined that the average square footage of a single-family home within the District is approximately 2,200, the per square foot impact fee calculation is as follows:

Therefore, the District can justify a development impact fee for fire facilities of $1.21 per square foot of new construction.

Imposing the Fee on Different Types of Property Types
For all calls that the District receives, the Type 1 engine is the first to respond, with the exception of wildfire/vegetation calls, when the Type 3 engine is first. The type of property does not impact the apparatus or equipment that is used for response. As such, the same fee is applied to all new construction, regardless of the use of the property.

Per Square Foot Impact Fee Calculation
$2,668 per dwelling / 2,200 avg. sq. ft. = $1.21 per sq. ft. 314

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SECTION 9: ASSESSING THE FEE
Future large or specialized commercial/industrial development may require special considerations and should be judged on a project-by-project basis. Commercial and industrial development should be reevaluated during the routine review of impact fees for fire and hazmat response data to support the different fee structure. The actual designation of future structures into the appropriate fee category should be made by the fire chief, according to published National Fire Protection Association standards.

Residential categories other than single-family dwellings, are differentiated by their size as the fee is assessed on a per square foot basis. These fees are recommended to include the square footage of all classes of covered structures constructed within the District. A covered structure is defined as a roof assembly, as the same is described within the Uniform Building Code, or as defined by the Placer County Fire Development fee ordinance. 315

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SECTION 10: IMPLEMENTATION
If the District Board concurs with and chooses to increase the fee as provided for in this study, the following process should be followed for fee implementation.

Fire District Board Approval
The District Board should adopt a resolution and make a recommendation to the County Board of Supervisors to adopt this fee pursuant to the County’s “police powers” under Article XI, section 7 of the California Constitution.

County Board of Supervisors Approval
The County Board of Supervisors should adopt the proposed fee schedule in compliance with California Government Code section 66016 through 66018. The County should:
 Send a notice of a public hearing at least 14 days prior to the hearing to any party that has submitted a written request for such a notice. Have this report and all supporting documentation available for review by the public at least 10 days prior to the hearing. Publish notice of the public hearing in a newspaper of general circulation at least 10 days prior to the scheduled hearing, with a second notice published at least 5 days after the first hearing notice. The notice should include the time and place of the meeting as well as a general explanation of the matter to be considered;
 Hold the public hearing to consider adoption of the development impact fee;  Adopt an implementing ordinance to establish the County and Fire District’s authority to impose the proposed fee and automatically adjust the fee annually for inflation, and adopt a resolution or ordinance to set the fee;  Begin collecting the fee no sooner than 60 days following adoption of the ordinance and resolution.

Fee Accounting
The District should deposit all fee revenues into a new restricted public facility fee account.

Interest earned on fund balances should be credited to the fund.

Use of the Fee
The District should only use fee revenues for projects that expand the District ability to deliver fire services to accommodate new development. Use of the fee in this manner documents a reasonable relationship between new development and the use of fee revenue.

The Fire District may alter the scope of the planned projects, or substitute new projects as long as the project continues to represent an expansion of the District’s capabilities. If the total cost of all planned projects varies from the total cost used as a basis for the fee, the District should revise the fee accordingly.
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Inflation Adjustment
The Fire District should adjust the fee annually for inflation in the cost of projects to be funded by the fee. A construction cost index should be based on a reputable and easily identifiable source such as the Engineering News Record. Any inflationary adjustment must first be authorized in the enacting resolution or ordinance approved by the County.

Reporting Requirements
The District should comply with the annual and five-year reporting requirements of Government Code section 66000 et. seq. Annually, the District must identify the fee revenues received and for what purposes they were expended. 317

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To:

Prepared By:

Agenda Title:

Meeting date:

Yreka City Council
City Clerk
Discussion/Possible Action: Continuation of Urgency Ordinance 864.

August 2, 2022
Discussion:

The drought, prevailing climatic temperatures, and the allocation of Yreka Fire Resources to mutual aid to suppress wildfires was found to constitute an immediate threat to the public safety.

Ordinance 864 delays the sale of fireworks and the use of fireworks and public displays of pyrotechnics until the threat to public safety is abated.

Recommendation:

That the Council continue Urgency Ordinance 864.
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SUMMARY OF ADOPTED URGENCY ORDINANCE No. 864
Please take notice that the Yreka City Council adopted, at an emergency meeting held on July 29, 2021, a temporary urgency ordinance, number 864, entitled: “AN UNCODIFIED URGENCY

ORDINANCE OF THE CITY OF YREKA DECLARING A LOCAL EMERGENCY, AND AUTHORIZING THE

DELAY OF THE SALE AND USE OF FIREWORKS WHICH MAY CREATE A THREAT TO PUBLIC SAFETY

DEEMED TO BE ARISING FROM THE INCIDENCE OF THE LAVA FIRE AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY AND FINDING THE ORDINANCE EXEMPT FROM CEQA REVIEW” This urgency ordinance generally provides:

1. The factual background of the Lava Fire, the drought, the prevailing climatic temperatures and the fact that Yreka’s Fire Resources are engaged in mutual aid to suppress the Lava Fire as well as the allocation of law enforcement resources in traffic control and the fact that without Yreka’s normally available police and fire resources, the use of fireworks and pyrotechnics fire may not be able to be suppressed which was found to constitute the basis for the urgency nature of the ordinance and the City Council determined that there existed an immediate threat to the public health, safety and/or welfare and a need for immediate preservation of the public peace, health, or safety that warrants the adopted urgency measures.

2. The ordinance delays the sale of fireworks and the use of fireworks and public displays of pyrotechnics until the threat to public safety is abated and the urgency ordinance is terminated.

3. The city council determined that a local emergency now exists and shall continue to exist until its termination is ordained by the City Council. The need for continuance of the urgency measures will be regularly reviewed by City Council until it is terminated. The ordinance will be terminated at the earliest possible time.

4. The ordinance vests in the City Manager, Chief of Police and the Fire Chief with the discretion to take such acts as may be necessary to effectuate the intent of the ordinance.

5. The Council determined that the ordinance complies with a categorical exemption from CEQA review.

By roll call vote the following councilmembers voted in favor of the ordinance: Duane Kegg, Deborah Baird, Paul McCoy and Corey Middleton.

This summary is not intended to be a comprehensive statement of all of the provisions of the Ordinance, but constitutes only a fair summary of the Ordinance. The complete text of the Ordinance and the minutes of the emergency session is available for review online in Yreka’s City Council Agenda section or through a public records request as an in-person review of it is not available because City Hall is not currently open to the public.

Yreka City Clerk
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BUSINESS OF THE COUNCIL OF THE CITY OF YREKA

AGENDA REPORT
For meeting of: August 2, 2022
TO: Honorable Mayor and City Council
FROM: Dohn Henion, Yreka City Attorney
TITLE: RESOLUTION TO CONTINUE HOLDING PUBLIC MEETINGS REMOTELY (AB 361) RECOMMENDATION:

In accordance with Assembly Bill 361, adopt a resolution to continue conducting the City’s Council, Commission, and Committee meetings remotely due to health and safety concerns to the public due to COVID-19.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

BACKGROUND:

On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of COVID-19.

Thereafter, on March 17, 2020, Governor Newsom issued Executive Order N-2920, which suspended certain provisions of the Ralph M. Brown Act to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.

Staff quickly worked to set up remote meetings via Zoom for all City Council and Planning Commission meetings. The Zoom meetings have allowed the Council, Commissions, and Committees to continue to conduct City business from the safety of members’ homes. The City has been utilizing Zoom for the past 18 months to conduct nearly all public meetings. The usage of Zoom for public meetings has allowed the City to ensure the public’s continued access to government meetings while also ensuring the public’s safety.

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which extended the ability of agencies to hold remote meetings through September 30, 2021, after which agencies anticipated transitioning back to public meetings held in full compliance with the Brown Act. In preparation for the return to in-person meetings, staff has been working on acquiring audio and visual upgrades for City facilities to conduct hybrid meetings. Although hybrid meetings would help to keep the public safe by allowing them to continue accessing the meetings from their own home, Councilmembers, Commissioners, Committee members, and staff would need to meet in person.
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Since the Governor issued Executive Order N-08-21, the Delta variant has emerged, causing a spike in cases throughout the state.

On September 16, 2021, Governor Newson signed Assembly Bill 361 (AB 361), which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Orders.

AB 361 authorizes local agencies to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act during a declared state of emergency, when state or local health officials have imposed or recommended measures to promote social distancing during the proclaimed state of emergency, or when there is an imminent risk to the health or safety of attendees.

DISCUSSION:

AB 361 will allow local legislative bodies to continue to meet remotely after the September 30, 2021 expiration of the Governor’s executive orders. A local agency will be allowed to continue to meet remotely when:
• The local agency holds a meeting during a declared state of emergency • State or local health officials have imposed or recommended measures to promote social distancing
• Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees
The City meets the requirements to continue holding meetings remotely to ensure the health and safety of the public due to the following:
• The City is still under a local state of emergency;
• County health orders require that all individuals in public spaces maintain social distancing and wear masks;
• The City can’t maintain social distancing requirements for the public, staff, Councilmembers, Commissioners, and Committee Members in their meeting spaces; The City cannot ensure social distancing requirements are met inside City facilities where the City Council, Planning Commission, Parks and Recreation Commission, Redistricting Advisory Committee, Bicycle and Pedestrian Advisory Committee, and Main Street Bridge Advisory Committee meet.

Moreover, the indoor mask order is still in effect, making it difficult to hear what Councilmembers, Commissioners, Committee Members, staff, and public speakers are saying.

Furthermore, while speaking through masks may be understandable in person, picking up speech on microphones for those attending remotely and those watching any livestreams would be difficult.
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Per AB 361, the City Council would need to declare every 30 days that the City’s legislative bodies must continue to meet remotely to ensure the health and safety of the public. Staff recommends that the City Council declare these findings are true so these bodies can continue to meet remotely. Staff will return with this resolution for re-ratification at the Council’s 1st Tuesday meeting each month, at which time the Council can reassess as various health orders and COVID-19 parameters change.
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RESOLUTION NO. 2021- 51
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8 A RESOLUTION OF THE YREKA CITY COUNCIL OF THE CITY OF

YREKA PROCLAIMING A LOCAL EMERGENCY, RATIFYING THE

PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR
NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF
CITY OF YREKA FOR THE PERIOD SUCCESSIVE 30-DAY PERIODS
PURSUANT TO ASSEMBLY BILL 361
9 WHEREAS, the City of Yreka is committed to preserving and nurturing IO public access and participation in meetings of the Yreka City Council; and 11 WHEREAS, all meetings of City of Yreka's legislative bodies are open and 12 public, as required by t.he Ralph M. Brown Act (Cal. Gov. Code§ 54950 13 54963), so that any member of the public may attend, participate, and watch the 14 City's legislative bodies conduct their business; and 15 16 WHEREAS, the Brown Act, Government Code section 54953(e), makes 17 provisions for remote teleconferencing paiiicipation in meetings by members of 18 a legislative body, without compliance with the requirements of Government 19 Code section 54953(b )(3), subject to the existence of certain conditions; and 20 WHEREAS, a required condition is that a state of emergency is declared by the 21 Governor pursuant to Government Code section 8625, proclaiming the existence 22 of conditions of disaster or of extreme peril to the safety of persons and property 23 within the state caused by conditions as described in Government Code section 24 8558;and
25 WHEREAS, a proclamation is made when there is an actual incident, threat of 26 disaster, or extreme peril to the safety of persons and prope1iy within the 27 jurisdictions that are within the City's boundaries, caused by natural, 28 technological, or human-caused disasters; and
29 WHEREAS, it is further required that state or local officials have imposed or 30 recommended measures to promote social distancing, or, the legislative body 323
31 meeting in person would present imminent risks to the health and safety of 32 attendees; and
33 WHEREAS, such conditions now exist in the City, specifically, in Executive Order 34 N-29-20 the Governor of the State of California declared a state of emergency to 35 exist as a result of the threat of COVID-19; and
36 WHEREAS, said order suspended provisions of celiain provisions of the Brown 37 Act relating to teleconference meetings and creating the ability for viliual meetings 38 to keep the public and our public officials safer from exposure to the pandemic; and 39 WHEREAS, that suspension of the Brown Act requires expired on September 30, 40 2021; and
41 WHEREAS, On September 16,2021 Assembly Bill 361 was passed into law 42 permitting the extension of virtual meetings so long as the state of emergency 43 exists and is reviewed every thirty days by the Yreka City Council; and 44 WHEREAS, the delta variant of COVID-19 has resulted in Siskiyou County 45 having experienced 4,382 confirmed COVID-19 amongst the local population 46 cases, 54 deaths, 56 new cases reported in the last 24 hours with 271 active cases 47 and 23 persons presently hospitalized and, accordingly, social distancing and 48 masking is required for attendees' health and safety to mitigate the imminent risk 49 of COVID-19 being transmissible during public, in-person meetings of the City of 50 Yreka; and
51 WHEREAS, virtual meetings further mitigate the public's health and safety while 52 still providing the opportunity for public input on the people's business; and 53 WHEREAS, the City Council has reconsidered the circumstances of the state of 54 emergency; and
55 WHEREAS, the state of local emergency continues to directly impact the ability of 56 the City Council, Commissions, and Committees, as well as staff and members of 57 the public, from meeting safely in person; and
58 WHEREAS, the Yreka City Council does hereby find that prevalence of COVID-19 59 amongst the local population and, accordingly, social distancing and masking is 2 324
60 required for attendees health and safety to mitigate the imminent risk of COVID-19 61 being transmissible during public, in-person meetings of the City of Yreka, its 62 commissions and committees may cause, and may continue to cause, conditions of 63 peril to the safety of persons within the City that are likely to be beyond the control of 64 services, persOlmel, equipment, and facilities of the City, healthcare providers and 65 local hospitals, and desires to proclaim a local emergency and ratify the 66 proclamation of state of emergency by the Governor of the State of California; and 67 68 WHEREAS, as a consequence of the local emergency, the Yreka City Council 69 does hereby find that the City of Yreka's governing body, its commissions and 70 committees shall conduct their meetings without compliance with paragraph (3) of 71 subdivision (b) of Government Code section 54953, as authorized by subdivision 72 (e) of section 54953, and that such legislative bodies shall comply with the 73 requirements to provide the public with access to the meetings as prescribed in 74 paragraph (2) of subdivision (e) of section 54953; and 75 WHEREAS, meetings are posted on the City's website providing the necessary 76 information for the public to virtually provide input to the governing body on the 77 people's business.
78 NOW, THEREFORE, THE YREKA CITY COUNCIL OF THE CITY OF 79 YREKA DOES HEREBY RESOLVE AS FOLLOWS:
80 Section 1. Recitals. The Recitals set forth above are true and correct and are 81 incorporated into this Resolution by this reference. 82 Section 2. Proclamation of Local Emergency. The City Council hereby proclaims 83 that a local emergency now exists throughout the City, and prevalence of COVID84 19 amongst the local population and, accordingly, social distancing and masking is 85 required for attendees health and safety to mitigate the imminent risk of COVID-19 86 being transmissible during public, in-person meetings of the City of Yreka has 87 caused, and will continue to cause, conditions of peril to the safety of persons within 88 the City that are likely to be beyond the control of services, personnel, equipment, and 89 facilities of the City, healthcare providers and local hospitals. 3 325
90 Section 3. Ratification of Governor's Proclamation ofa State of Emergency. The 91 City Council hereby ratifies the Governor of the State of California's Proclamation 92 of State of Emergency, effective as of its issuance date of March 4, 2021. 93 Section 4. Remote Teleconference Meetings. The staff and legislative bodies of 94 City of Yreka are hereby authorized and directed to take all actions necessary to 95 cany out the intent and purpose of this Resolution including, conducting open and 96 public meetings in accordance with Government Code section 54953(e) and other 97 applicable provisions of the Brown Act.
98 Section 5. Effective Date of Resolution. This Resolution shall take effect 99 immediately upon its adoption and shall be effective until the earlier of (i) 30 days 100 from adoption of resolution, and 30 days from each successive affirmation that the 101 state of emergency continues to exist or such time the Yreka City Council adopts a 102 subsequent resolution in accordance with Government Code section 54953( e)(3) to 103 extend the time during which the governing body of the City of Yreka may continue 104 to teleconference without compliance with paragraph (3) of subdivision (b) of 105 section 54953.
106 PASSED AND ADOPTED by the Yreka City Council of the City of Yreka, this 5th 107 day of October, 2021, by the following vote:
108 AYES: FREEMAN, MIDDLETON, BAIRD, KEGG
109 NOES:
110 ABSENT: MCCOY
111 ABSTAIN:
112
113 DuaneK
114 Attest:
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Prepared by: Juliana Lucchesi, AICP, Planning Director
Agenda Title: 2022-16 Turre Street Rezoning Application Meeting date: August 2, 2022
Recommended Action:

Motion to approve CCR 2022-__ A Resolution of the City Council of the City of Yreka Approving Turre Street Rezoning and Adopt the Finding that the Project is Exempt From The California Environmental Quality Act Background:

The Applicants, Frank and Lynda Hovanec, filed an application to rezone the properties at 107 and 109 Turre Street. The application was revised to rezone the properties and additional properties from Commercial Highway (CH) to Commercial Professional Office (CPO) for the purpose of selling the building as a residential home instead of a commercial space. The application was also revised to include a Conditional Use Permit to allow the building to be converted back to a residential use.

A letter was sent to all property owners that would have their zoning changed with this application. The Planning Department received two responses. One respondent wanted only additional information; Pacific Realty Associates LP requested that their properties (APN# 061-272-030, -070, and 061-281-010) remain CH zoning designation. The removal of the three parcels would not impact the ability of the Planning Commission or City Council from approving the proposed rezoning application.

Parcels Impacted:

Situs Address Assessor’s Parcel Number
922 4th Street 061-272-100
106 Turre Street 061-272-150
108 Turre Street 061-272-140
107 Turre Street 061-272-250
109 Turre Street 061-272-240
1011 4th Street 061-272-350
Vacant 061-272-360
931 S. Main Street 061-281-030
935 S Main Street 061-281-050
939 S Main Street 061-281-060
104 Turre Street 061-281-070
1108 S. Oregon 061-311-300
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Surrounding Conditions and Uses:

The properties to the north and east are zoned Commercial Highway with a General Plan designation of General Commercial. The properties to the west and south are zoned Residential Professional Office with a General Plan designation of Medium Density Residential.

The uses to the north and east are a collection of vacant properties, commercial businesses, and legally existing non-conforming residential homes. The properties to the west and south are mainly residential homes and commercial offices.

General Plan & City Code Consistency:

The 2002 City of Yreka General Plan Land Use Element contains land use designations for parcels within City Limits. The land use designation for the parcels is General Commercial. The purpose of the General Commercial designation is to provide land for larger commercial buildings and the historic district. The uses and buildings within the designation are oriented toward vehicle traffic rather than pedestrian traffic. Within the General Commercial designation, the following zoning code designations are allowed: Commercial Highway, Commercial Downtown, Commercial Neighborhood, Commercial Professional Office (Table 1). The requested Commercial Professional Office is a compatible zoning code designation with the General Plan land use designation.

Land Use Designation Possible Zone District
GC General Commercial C-1 Commercial Neighborhood
C-2 Commercial Downtown
CH Commercial Highway
CPO Commercial Professional Office
Table 1-4 -General Plan Designation & Zone District Consistency (Source: 2022 City of Yreka General Plan)
The revised application to rezone the properties to CPO would be consistent with the 2002 General Plan and all other applicable city municipal codes.

Environmental Review:

The proposed application has been reviewed for environmental compliance with the California Environmental Quality Act (CEQA). The proposed zoning would not have any foreseeable direct or indirect impacts to the environment; therefore, the proposed amendments would not be considered a “project” under CEQA.

This is called a General Rule exemption under CEQA Guidelines Section 15061(b)(3).
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Review by Public & Outside Agencies:

The revised project sent interest letters to fifteen properties that could be rezoned to the CPO zoning designation to legitimize the residential uses and allow other CPO uses. The letters were sent to both the property owner and situs address to gauge interest of property owners. The Planning Department received three phone calls and one email asking for additional information.

The revised project was noticed to meet Government Code Section 65090 and 65091. Theses government codes require public noticing in the Siskiyou Daily news for a minimum of 10-days and letters sent to property owners within 300 feet of the proposed project. As referenced earlier in the “Background” section, the city received two comments that resulted in the removal of three parcels from the proposed rezoning.

Findings:

The City of Yreka did not have any adopted findings at the time of the rezoning application submission. The City shall rely on the state government code for guidance to approve, modify, or disapprove the proposed application.

California Government Code Section 65860 requires all zoning ordinances to be consistent with the goals, policies, and programs in the City’s adopted General Plan. As discussed earlier, the proposed rezoning would be consistent with the City of Yreka 2002 General Plan. Therefore, the City Council may grant approval of the application base on that finding.

Planning Commission Review:

The Planning Commission held a duly noticed public hearing for the proposed rezoning and subsequent Conditional Use Permit at the May 18, 2022 and July 20, 2022, Regular Planning Commission meeting. The Commission unanimously approved with one member absent PCR 22-04 (Attachment 2). The Planning Commission addresses both the Conditional Use Permit and Rezoning.

Conditional Use Permits do not need to be confirmed by the City Council unless appealed; therefore, the conditional use permit is not part of the application proposal to City Council.

Staff Recommendation:

City Staff recommend approving the revised rezoning application with no conditions of approval. The proposed CPO zoning is compatible with the existing General Plan designation and would not prevent the city from achieving the goals, policies, and programs in the 2002 General Plan. 329
City Staff recommend the City Council make the finding that the approval of the application for the rezoning would not result in impacts to the environment.

Attachments:

1. PCR 22-04 A Resolution of the Planning Commission of the City of Yreka Approving Turre Street Rezoning and Conditional Use Permit Application 2022-16 with Conditions and Adopt the Finding that the Project is Exempt From The California Environmental Quality Act.

2. CCR 2022-__ A Resolution of the City Council of the City of Yreka Approving Turre Street Rezoning and Adopt the Finding that the Project is Exempt From The California Environmental Quality Act
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CITY OF YREKA CITY COUNCIL RESOLUTION 2022-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF YREKA APPROVING TURRE STREET REZONING

AND ADOPT THE FINDING THAT THE PROJECT IS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the Zoning Code is the guiding planning document for current and future development within the City of Yreka; and
WHEREAS, State law requires cities and counties to adopt a Zoning Code that is consistent with the goals, policies, and programs of the adopted General Plan for that jurisdiction; and WHEREAS, Frank and Lynda Hovanec, Applicants, submitted an application to rezone a portion of the city from Commercial Highway (CH) to Commercial and Professional Office (CPO) and a conditional use permit application convert the commercial space at 107 Turre Street into a residence for the purpose of selling the property; and, WHEREAS, the property owner(s) of the properties involved in the rezoning have been notified of their interest in the rezoning and have either agreed or not submitted protest to the rezoning; and
WHEREAS, the Planning Commission held a duly noticed public hearing as per Sections 65090 and 65091 of the California Government Code to accept public comments and to review and consider the application on May 18, 2022 and July 20, 2022; and WHEREAS, the Planning Commission passed Planning Commission Resolution 2022-04 in a 4- 0-1 vote at the July 20, 2022 regular meeting; and
WHEREAS, the proposed zoning change is consistent with the current 2002 General Plan and not eligible for approval pursuant Government Code Section 65860; and WHEREAS, the proposed project was evaluated for compliance with the California Environmental Quality Act (“CEQA”) and found to be exempt pursuant a “General Rule” exemption, Section 15601(b)(3) of the CEQA Guidelines;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Yreka does hereby determine the following:

Section 1. The factual data submitted by the City Council of the City of Yreka in the staff report dated August 2, 2022 are true and correct.

Section 2. For the foregoing reasons the City Council determines that the Project is Exemption per the General Rule exemption pursuant to Section 15601(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
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Section 3. The City Council finds that based on the entire record, pursuant to Government Code Section 65860 that the City Council is able to make the finding that the proposed rezoning from Commercial Highway (CH) to Commercial Professional Office (CPO) is consistent with the 2002 General Plan.

Section 4. Upon the affirmative vote of the City Council of the City of Yreka, the following properties will be rezoned from Commercial Highway (CH) to Commercial Professional Office (CO) 30-days after the vote:

The foregoing Resolution was adopted by the City Council on the 2nd day of August 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: __________________________
Duane Kegg, Mayor
APPROVED AS TO FORM Attest:

_________________________ _____________________________ Dohn Henion, City Attorney Shella Rhetta Hogan, City Clerk 332
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Yreka City CouncilAugust 2, 2022

Yreka City Council
August 2, 2022