Agenda — Yreka City Council, September 5, 2023 (part 1 of 2)

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Corey Middleton, Mayor
Paul McCoy, Mayor Pro tempore
Colleen Baker, Councilmember
Drake Davis, Councilmember
Duane Kegg, Councilmember
Jason Ledbetter, City Manager
Rhetta Hogan, Asst. City Manager and Clerk
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
John Elsnab, Human Resources Director
Mark Gilman, Police Chief
Andrew Jared, City Attorney
Jerry Lemos, Fire Chief
Juliana Lucchesi, Community Dev. Director

YREKA CITY COUNCIL MEETING AGENDA
September 5, 2023
Closed Session 5:30 PM
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.

The full agenda packet can be found on the City’s website at www.ci.yreka.ca.us/AgendaCenter. Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are available for public inspection 72 hours before each regularly scheduled meeting at the City Clerk’s office at City Hall, located at 701 4th St, Yreka, California during normal business hours. Any writing that is subject to disclosure that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at the City Clerk’s office during normal business hours.

Materials distributed to a majority of councilmembers less than 72 hours before a meeting will be available for public inspection on the City’s website at www.ci.yreka.ca.us/AgendaCenter.

1. 5:30PM CALL TO ORDER:

2. PUBLIC COMMENT ON CLOSED SESSION:

3. CLOSED SESSION:

The City Council will recess to Closed Session to discuss the below item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced.

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 of 416

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a. Conference with legal counsel—anticipated litigation (City Initiating) (Govt C §54956.9(d)(4) - Number of cases: 3

4. 6:30PM CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:

5. 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.

6. PUBLIC COMMENTS:

Public participation is welcomed and invited at all City Council meetings. This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an item noted on the Regular Agenda, please address the Council when that item is open for public comment.

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 clarifying 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.

This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Agenda. If your comments concern an item listed under the Public Hearing or New Business sections of the Agenda, please address the Council when that item is open for public comment.
• Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• 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. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda.

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

7. 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 August 7, 2023, through August 25, 2023. b. Approval of Minutes of the Regular Meeting held August 15, 2023. c. Approval of Minutes of the Special Meeting held August 17, 2023. d. Motion Authorizing the City Manager to Execute a Professional Services Agreement with NicholsMelburg & Rossetto, AIA & Associates, Inc. (NMR) for Architecture, Engineering and Construction 2 of 416

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Management Services for the Yreka Volunteer Fire Department New Fire Station Project in an Amount Not to Exceed $1,118,560.00
e. Motion Authorizing the City Manager or his delegate to enter into an Information Technology Professional Services Agreement for $133,684.32 with Network One for Fiscal Year 2023-2024. f. Adopt Resolution 2023-40 Approving Requests Associated with the Special Event Known as the “Norcal Cross” to be Held on March 2, 2024, at Greenhorn Reservoir g. Adopt Resolution 2023-41 Approving Greenhorn Disc Golf Tournament on October 14, 2023, at Greenhorn Reservoir.
h. Adopt Resolution 2023-42 of the City Council of the City of Yreka Authorizing the City Manager or his Designee to Apply to the California Strategic Growth Council for a Community Resilience Center Development Grant and to execute all related documents if awarded. i. Motion to Adopt Resolution 2023-43 of the City Council of the City of Yreka, State of California, Authorizing the Filing of a Rural and Tribal Assistance Pilot Program Grant Application for up to $320,000 utilizing 2022 funds, with an opportunity to apply for up to $360,000 for 2023 funds. j. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.

Recommended City Council Action: Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.

8. 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
a. Agenda Title: 2024 Master Fee Schedule Update
City Staff has updated the Master Fee Schedule for the 2023-2024 Fiscal Year. The Master Fee Schedule is a financial planning document that contains all fees associated with applications and licensing of various uses, lots, and structures within the City Limits of the City of Yreka.

Recommended City Council Action: Motion to Adopt Resolution 2023-39 of the City Council of the City of Yreka Adopting an Updated Comprehensive Fee Schedule and Adopt the Finding that the Project is Statutorily Exempt from CEQA.

9. NEW BUSINESS
Mayor
a. Title: City Council Interviews of Applicants to the Planning Commission to fill a vacancy seat.

Two candidates will be interviewed by the City Council for one vacant position on the Yreka Planning Commission (term expires March 31, 2026). The applicants that are being considered are Dawnmarie Autry and Chris Lazaris.
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Recommended City Council Action: That the City Council make recommendations to the Mayor for a Mayoral appointment to fill one (1) vacant seat on the Planning Commission.

Finance Director
b. Title: Water and Wastewater Utility Rate Study
Paul Reuter, of Pace Engineering will present the City’s 2024-2028 Water and Wastewater Utility Rate Study.

Recommended City Council Action: Discussion and possible direction to staff to bring back the City of Yreka Water and Wastewater Utility Rate Study for Adoption at a future Council meeting.

Human Resources Director
c. Title: Introduction of Proposed Ordinance 875 of the City Council of the City of Yreka Amending Chapter 2.10 – Employee Personnel System and Chapter 2.50 - Nepotism.

City Staff has been working on revising the City’s Personnel Policies and the City’s Municipal Code related to employment practices. After completing the meet and confer process, staff has proposed revisions to the City’s Municipal Code to update Chapter 2.10 – Employee Personnel System and Chapter 2.50 – Nepotism.

Recommended City Council Action: Consider/discuss and move to introduce Ordinance No. 875 An Ordinance of the City Council of the City of Yreka, California Amending Chapter 2.10 to the Yreka Municipal Code Entitled “Employee Personnel System and Chapter 2.50 Nepotism and Finding the Ordinance Exempt from CEQA” and pass the ordinance to the next Council meeting for a second reading and its possible adoption.
d. Title: Employee Personnel Policies and Procedures
Staff has been working on revising the City’s Personnel Polices and Procedure Manual since October 2021, along with the City’s Municipal Code. Staff has completed the meet and confer process with the represent employee bargaining groups, and a revised policy manual is being recommend to the Council for adoption. Municipal Code Section 2.10.080 allows for the adoption and amendment of personnel rules and regulations by resolution of the City Council.

Recommended City Council Action: Motion to Adopt Resolution 2023-44 by the City Council of the City of Yreka Adopting the Revised Personnel Polices and Procedure Manual

10. CITY MANAGER/STAFF REPORTS:

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

11. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:

AB 1234* Conference and Meeting Report (verbal, if any) *(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) 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:

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.
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Public Hearings: If 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, City Clerk for 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 5:30PM on September 5, 2023 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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YREKA CITY COUNCIL MEETING MINUTES
August 15, 2023
Closed Session 5:30 PM
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.

1. 5:30PM CALL TO ORDER:

The meeting was called to order at 5:30 PM, Councilmembers Baker, Davis, Kegg, McCoy and Middleton were present.

2. PUBLIC COMMENT ON CLOSED SESSION:

There was no public comment.

3. CLOSED SESSION:

The City Council will recess to Closed Session to discuss the below 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 negotiator (Govt C §54956.8) - Property: APN 053-591-400-000 and APN 053-591-380-000 - Agency negotiator: Jason Ledbetter
- Negotiating parties: E B Development Corporation
- Under negotiation: Price and Terms
b. Conference with real property negotiator (Govt C §54956.8) - Property: APNs 053-651-760 2.35 acres, 056-642-580 5.45 acres, 053-651-820 13.9 acres, 053-642- 590 5.57 acres
- Agency negotiator: Jason Ledbetter
- Negotiating parties: Siskiyou County
- Under negotiation: Price and Terms
c. Conference with real property negotiator (Govt C §54956.8) - Property: 400 S. Foothill, Yreka APN 054-191-290-000
- Agency negotiator: Jason Ledbetter
- Negotiating parties: Siskiyou County
- Under negotiation: Price and Terms
d. Conference with real property negotiator (Govt C §54956.8) - Property: APN 062-031-200-000 (2.08 acres)
- Agency negotiator: Jason Ledbetter
- Negotiating parties: Nor-Cal Products by Pfeiffer Vacuum - Under negotiation: Price and Terms
e. Conference with real property negotiator (Govt C §54956.8) - Property: 108 and 110 W. Miner Street, Yreka (APNs 053-373-040-000 & 053-373-030-000) 52 of 416

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- Agency negotiator: Jason Ledbetter
- Negotiating parties: Stefano Cipollone
- Under negotiation: Price and Terms

4. 6:30PM CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:

Meeting was called to order at 6:40PM, due to a brief recess taken after closed session. Mayor Middleton opened the meeting and announced that there was no reportable action taken during closed session.

5. 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.
2022 McKinney Fire – A Progress Report One Year Later, City Manager Ledbetter

6. PUBLIC COMMENTS:

The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.

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

Public comment was heard from Lorenzo Love and Dawnmarie Autrey.

7. CONSENT AGENDA:

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b. Approval of Minutes of the Regular Meeting held August 1, 2023.

Recommended City Council Action: Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.

Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.

MOTIONED: Councilmember Kegg
SECONDED: Councilmember Baker
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-

8. NEW BUSINESS
City Manager, Jason Ledbetter
a. Title: Special Event Known as the Yreka Night of Lights Sarah Eberenz, with Discover Siskiyou, has submitted a request for temporary street closures for the special event known as the “Yreka Night of Lights” scheduled for Saturday, December 2, 2023.

Recommended City Council Action: Motion to Adopt Resolution 2023-32 Approving Street Closures and Other Requests for the Special Event Known as “Yreka Night of Lights 2023”.

There was no public comment.

Motion to Adopt Resolution 2023-32 Approving Street Closures and Other Requests for the Special Event Known as “Yreka Night of Lights 2023”.

MOTIONED: Councilmember Kegg
SECONDED: Councilmember Baker
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
b. Title: Special Event Known as Kids Block Party
Kris Taylor, on behalf of Art Among Us, has submitted the attached request for permission to close a portion of W. Miner, Broadway and adjacent streets on Saturday, September 9, 2023, from 6:00am to 4:00pm for the special event known as “Kids Block Party 2023”.

Recommended City Council Action: Motion to Adopt Resolution 2023-33 of the City Council of the City of Yreka Approving Street Closures and other requests for Art Among Us, a special event known as “Kids Block Party 2023” on September 9, 2023.

Motion to Adopt Resolution 2023-33 of the City Council of the City of Yreka Approving Street Closures and other requests for Art Among Us, a special event known as “Kids Block Party 2023” on September 9, 2023.

MOTIONED: Councilmember Davis
SECONDED: Councilmember Kegg
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
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c. Title: Special Event Known as the “The Divine Masterpiece” Kimberley Presley, on behalf of Liberty Arts, has submitted the attached request for permission to close a portion of W. Miner St. on Saturday, September 9, 2023, from 3:00pm to 9:00pm for the special event known as “The Divine Masterpiece”.

Recommended City Council Action: Motion to Adopt Resolution 2023-34 Approving Street Closures for Liberty Arts Special Event known as “The Divine Masterpiece”.

Motion to Adopt Resolution 2023-34 Approving Street Closures for Liberty Arts Special Event known as “The Divine Masterpiece”.

MOTIONED: Councilmember McCoy
SECONDED: Councilmember Kegg
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
Finance Director, Emily Aldrich
d. Title: Appropriations Limit for the City of Yreka for Fiscal Year 2023-2024.

Recommended City Council Action: Motion to Adopt Resolution 2023-35 of the City Council of the City of Yreka Setting Forth the Appropriations Limit for the City of Yreka for Fiscal Year 2023-

24. Motion to Adopt Resolution 2023-35 of the City Council of the City of Yreka Setting Forth the Appropriations Limit for the City of Yreka for Fiscal Year 2023-24.

MOTIONED: Councilmember Baker
SECONDED: Councilmember Davis
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
e. Title: Biannual Budget Adoption for the Fiscal Years Ending June 30, 2024, and 2025 Recommended City Council Action: Motion to Adopt Resolution 2023-36 of the City Council of the City of Yreka Adopting the Biannual Budget for the Fiscal Years Ending June 30, 2024, and June 30, 2025.

Motion to Adopt Resolution 2023-36 of the City Council of the City of Yreka Adopting the Biannual Budget for the Fiscal Years Ending June 30, 2024, and June 30, 2025.

MOTIONED: Councilmember McCoy
SECONDED: Councilmember Davis
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
f. Title: Jaguar software webRemit Agreement
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Jaguar webRemit services will replace the City’s current (premise based) AQ2 remote deposit check clearing services for remote deposit of physical payments to the City. The Jaguar software, like the AQ2 system, continues to allow the City to operate an image scanner device to scan paper checks and/or coupons/stubs creating an image cash letter file to send to our bank. The software will continue to create the accounting (Springbrook) interface posting file. The enhancement lies in this product’s feature of the webRemit capture system, where this is currently processed and archived on the City’s servers.

Recommended City Council Action: Motion to Authorizing the City Manager to enter into an agreement with Jaguar Software webRemit Service Agreement.

Motion to Authorizing the City Manager to enter into an agreement with Jaguar Software webRemit Service Agreement.

MOTIONED: Councilmember Kegg
SECONDED: Councilmember McCoy
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
City Manager, Jason Ledbetter
g. Title: CalOES JumpStart - Designation of Applicant’s Agent Resolution for Non-State Agencies The City was given a grant award noticed on July 25, 2023, for the CalOES JumpStart Resilience Officer position. Adoption of Resolution 2023-37 allows the City to access $928,496 of grant funds for the Resilience Officer position.

Recommended City Council Action: Motion to Adopt Resolution 2023-37 of the City Council of the City of Yreka, State of California, Designation of Applicant’s Agent Resolution for Non-State Agencies
Motion to Adopt Resolution 2023-37 of the City Council of the City of Yreka, State of California, Designation of Applicant’s Agent Resolution for Non-State Agencies.

MOTIONED: Councilmember Baker
SECONDED: Councilmember Davis
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-

9. CITY MANAGER/STAFF REPORTS:

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

City Manager Jason Ledbetter attended Continuum of Care meeting on August 2, 2023, at the County Behavioral Health. City Manager has worked with the Assistant City Manager and the City’s consultant on the tax measure ballot initiative polling. Staff will be bringing the Soil Removal Contract for South Foothill will be brought back for consideration at the special meeting on 8/17. Staff will be focused on hazard mitigation, the new firehall and paid fire staff over the next 15 months. The City continues to make great strides on other initiatives of housing, water security and revenue generation. The request for proposals for the Ringe Pool Engineering and design closes on September 1, 2023, with the goal of bringing back true construction and maintenance costs back to the City Council. City Manager Ledbetter was on vacation 8/6-8/12. Finance Committee on August 6, 2023. City Manager is intrigued by committee’s request to have special events run 56 of 416

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through Finance Committee, and have the recommendation run through the committee, given large volume of requests to waive fees.

Chief Lemos spoke to two recent incidents for arson and mutual agency cooperation with YFD, YPD and CalFire.

10. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:

Councilmember Davis noted that the Fire Safe Council has finalized their weekly publications and noted that he will bring that information forward share with the City Council.

Councilmember Baker spoke to the Finance Committee meeting and discussed process to bring forward special events to the City Council. Councilmember Baker met other Councilmembers from Redding and Anderson at the Siskiyou County Fair, and addressed how they are dealing with homeless/unhoused population. Councilmember thanked City Manager Ledbetter on the McKinney Fire reflection and applauded City’s active participation and engagement with the McKinney Fire briefings.

Councilmember Kegg reflected as Mayor how City Manager, Chief Gilman and Chief Lemos pulled together to address Yreka’s safety. Councilmember Kegg commented how impressed he was with the City’s public safety team, who took control for protection of City during evacuation from law enforcement agencies.

Councilmember Kegg attended Continuum of Care meeting, how to move forward with regional administration of the COC for the North State’s seven counties’ dissolves.

Mayor Pro Tempore McCoy spoke to property abatement cleanups happening on State Street and Bluebird.

Mayor Middleton spoke to participation and community engagement at Siskiyou County Fair. Mayor Middleton spoke on his reflections of the McKinney Fire and complimented City Manager Ledbetter for his direct information, active engagement, and open communication with City Council during the event. Mayor Middleton would like City Manager to being to address the vacancy tax or other occupancy matters.

Chief Gilman just alerted that Yreka is opening up evacuation centers for residents due to the fire near Hamburg (known as the Head Fire).

11. ADJOURNMENT:

Meeting was adjourned at 8:16PM.
/s/: Rhetta Hogan
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Corey Middleton, Mayor
Paul McCoy, Mayor Pro tempore
Colleen Baker, Councilmember
Drake Davis, Councilmember
Duane Kegg, Councilmember
Jason Ledbetter, City Manager
Rhetta Hogan, Asst. City Manager and Clerk
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
John Elsnab, Human Resources Director
Mark Gilman, Police Chief
Andrew Jared, City Attorney
Jerry Lemos, Fire Chief
Juliana Lucchesi, Community Dev. Director

YREKA CITY COUNCIL SPECIAL MEETING MINUTES
Thursday, August 17, 2023
Open Meeting – Special Hearing 5:00PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA 96097 Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.

1. 5:00PM CALL TO ORDER AND PLEDGE OF ALLEGIANCE:

Meeting was called to order by Mayor Middleton at 5:00PM, Councilmembers Baker, Davis, Kegg, Middleton and McCoy were present.

Mayor Middleton requested that item 4.a. “Award Construction Contract to Conflux Construction Inc. for the S. Foothill Drive Brownfield Site Cleanup Project in the Amount of $93,768.00 for the Base Bid, and to Execute Related Documents” be presented prior to items 3.a. Public Hearing – “Notice of Hearing for Appeal with City Council”, and there was agreement.

2. PUBLIC COMMENT:

Public participation is limited to those items listed on the agenda.

If your comments do not concern an item listed on this Agenda, please address the City Council at the next regular meeting.

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.
• 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. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda.

Public comment period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.
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There was no public comment.

3. PUBLIC HEARINGS:

Yreka Police Department
a. Title: Notice of Hearing for Appeal with City Council Appeal pursuant to July 13, 2023, administrative hearing with hearing officer, City Manager Jason Ledbetter, who determined it necessary to have your dog “Bear” humanely euthanized and owner is prohibited from owning or possessing any dog for a period of three years.

City Council Action: City Council may uphold the decision of City Manager Ledbetter, or make a different decision based on the information presented at the hearing.

City Attorney Andrew Jared gave guidance to the Public Hearing Process for the City Council.

Lieutenant Ray Boutin presented evidence on the case.

Mayor Middleton, announced that pages 4-22 of the agenda package, are being moved into submission as evidence.

Benjamin Brauer spoke on his behalf on the matter of “Bear”.

Public comment was heard from, Dawnmarie Autrey, Jan Osborne, and Wesley Brauer who introduced himself as Benjamin’s father.

After public hearing comments were heard the City Council took a brief recess at 6:13PM for ten minutes.

Meeting was reconvened at 6:21PM .

City Attorney gave procedural guidance to the City Council on the matter.

Motion was made to uphold the decision of City Manager Ledbetter as presented on page 7 of the agenda.

MOTIONED: Councilmember Davis
SECONDED: Councilmember Baker
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-
ABSTAIN: -0-

4. NEW BUSINESS:

City Manager
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a. Title: Award Construction Contract to Conflux Construction Inc. for the S. Foothill Drive Brownfield Site Cleanup Project in the Amount of $93,768.00 for the Base Bid, and to Execute Related Documents
On August 7, 2023, bids were opened for the S. Foothill Drive Brownfield Site Cleanup Project. This project involves removing approximately 390 cubic yards of contaminated soil from the site; loading, hauling, and disposing of the soil at an approved landfill; and sampling and testing to determine if additional soil must be removed from the site.

Recommended City Council Action: Motion to Adopt Resolution 2023-38 of the City Council of the City of Yreka Authorizing the City Manager to award a construction contract to Conflux Construction, Inc. for the S. Foothill Drive Brownfield Site Cleanup Project in the amount of $93,768.00 for the base bid, and to execute related documents.

This item was considered prior to the public hearing agenda title 3.a. Public Hearing – “Notice of Hearing for Appeal with City Council”.

There was no public comment.

Motion to Adopt Resolution 2023-38 of the City Council of the City of Yreka Authorizing the City Manager to award a construction contract to Conflux Construction, Inc. for the S. Foothill Drive Brownfield Site Cleanup Project in the amount of $93,768.00 for the base bid, and to execute related documents.

MOTIONED: Councilmember McCoy
SECONDED: Councilmember Kegg
AYES: Councilmembers Baker, Davis, Kegg, McCoy, and Middleton NOES: -0-
ABSENT: -0-

5. ADJOURNMENT:

Meeting was adjourned at 6:46PM.
-----------------------------------
Corey Middleton, Mayor
Minutes approved by City Council,
Motion on September 5, 2023
-------------------------------
Rhetta Hogan, City Clerk
60 of 416

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Jason Ledbetter, City Manager
Prepared by: Cynthia Lynch, Municipal Projects Manager
Agenda Title: Discussion/Possible Action: Authorize the City Manager to Execute a Professional Services Agreement with Nichols-Melburg & Rossetto, AIA & Associates, Inc. (NMR) for Architecture, Engineering and Construction Management Services for the Yreka Volunteer Fire Department New Fire Station Project in an Amount Not to Exceed $1,118,560.00 Meeting Date: September 5, 2023
Recommendation and Requested Action:

That Council authorize the City Manager to execute a Professional Services Agreement with Nichols-Melburg & Rossetto, AIA & Associates, Inc. (NMR) for architecture, engineering and construction management services for the Yreka Volunteer Fire Department New Fire Station Project in an amount not to exceed $1,118,560.00.

Discussion:

In February 2023 the City published a Request for Qualifications (RFQ) for a consulting firm for architecture/engineering design and construction management services for the “New Fire Station Project”. The RFQ posting resulted in six proposal submissions. After review of the proposals and the estimated cost details, staff is recommending Nichols-Melburg & Rossetto, AIA & Associates, Inc. (NMR) of Redding, California for these professional services. NMR has decades of experience and has done many fire station projects in California for several different cities and counties.

The professional services agreement is to include the full scope of work through construction to allow project consistency, but will have restrictive conditions in line with the work phases to keep costs from exceeding the available project funds. Phase I of the project will be authorized at this time, allowing design work through 45% plans and specifications, with Phase II (consultant work through construction) to be postponed until additional funding is secured.

Fiscal Impact:

The City’s CDBG planning grant funds for the project, along with City development impact fees and other revenue sources, will provide the funds required to take the planning through Phase I, which allows up to 45% design plans and specifications. City staff, with the help of Adams Ashby Group (consultant for fire station project planning) expects to find funding for Phase II (final plans and specs through construction), and NMR is expected to be responsible for the project through final construction.
61 of 416

City of Yreka New Fire Sta on Project 1
+
March 14, 2023
Lorie Adams, Adams Ashby Group, Inc.

Cynthia Lynch, Municipal Project Manager
Public Works
856 N Main Street
Yreka, CA 96097
Re: Statement of Qualifi caÅ ons for Architectural/Engineering Services City of Yreka New Fire StaÅ on Proposal
Dear Ms. Adams, Ms. Lynch and stakeholders,
On behalf of Nichols, Melburg & Rosse o Architects (NMR) and our associate fi rm Mary McGrath Architects (MMA), I am pleased to present the qualifi caÅ ons, capabiliÅ es and experience of our team to provide professional services for the City of Yreka New Fire Sta! on Project.

With a staff of 75 talented individuals and 53 years of experience compleÅ ng quality projects throughout the north state, NMR is one of the largest architectural fi rms in Northern California. We provide a full range of architectural design and planning services, with considerable experience with public sector projects. We have a team for this project that has both na! onal exper! se in fi re staÅ on design and local accountability. We present the following benefi ts of our project team:
• For this project, we have assembled the most qualifi ed team experienced in all aspects of fi re staÅ on design. The team of Nichols, Melburg & Rosse o and Mary McGrath Architects have designed numerous fi re staÅ ons including, several fi re staÅ ons for the City of Redding, Shasta County Fire StaÅ on #47, City of Berkley Fire Department, and Oakland Fire Department, City of Peteluma EssenÅ al Services Facility. • This project is the exact type of work at which our team excels. NMR has designed hundreds of publicly funded, public safety projects throughout California. Mary McGrath Architects is an expert at the design of fi re sta! ons with experience working on over a hundred fi re staÅ ons.
• We are a local architecture and engineering fi rm. NMR+MMA will provide unparalleled service for the project during with the accountability that only a local fi rm can provide, NMR’s Redding offi ce will facilitate prompt site visits, face to face meeÅ ngs and quick exchange of informaÅ on.

At the outset of every project we establish a single Point of Contact, Kyle Ma# will represent the team. I will be responsible for monitoring the schedule, budget, coordinaÅ on, and work progress for the team, and for responding to City’s requests and direcÅ ves. We agree to meet State and Federal requirements as required by the various funding sources of the project.

We acknowledge the receipt of addenda 1 and 2. We are excited about your project, and are hopeful that our unique and excepÅ onal qualifi caÅ ons will make us a clear choice to meet with your selecÅ on commi$ ee. We look forward to the opportunity to discuss your project in greater detail!
Respec& ully submi$ ed,
Kyle Ma# , Principal Architect
Nichols, Melburg & Rosse$ o
300 Knollcrest Drive Redding, CA 96002
Phone: 530.222.3300 Fax (530) 222-3538
ma* @nmrdesign.com
63 of 416

D. PAST PROJECTS
City of Yreka New Fire Sta on Project 3
Shasta County Fire Station #47
City of Redding Station #3
City of Redding Station #9
Bakersfield Fire Station No. 15 & Westside Police Substation Brea Fire Station No. 2
Cambria Fire Station No. 1
Chico Airport Fire Station Expansion
Compton Fire Station No. 2 Replacement Study
Culver City Fire Station No. 3 Rehabilitation Study
Dublin Fire Station No. 1
Edna Valley Fire Station
Eureka Fire Station Headquarters Replacement Assessment Fresno Fire Department Station No. 15 and 17
Fresno Fire Training Center & Fire Station No. 19
Hanford Fire Station No. 3
Heritage Ranch Fire Station, San Luis Obispo County
Hermosa Beach Fire Station Remodel / Expansion Study
Hermosa Beach Civic Master Plan
Huntington Beach Edwards Fire Station No. 6
Livermore-Pleasanton Fire Protection District Fire Station No. 4 Lodi Fire Station No. 2 Replacement Project
Long Beach Fire Station Nos. 2 & 9 Renovations
Long Beach Fire Station No. 12 & Emergency Response Center Long Beach Privacy upgrades Fire Stations No. 2,9,10,4 & 22 Long Beach Fire Boat Station No. 20 & Interim Fireboat Station Long Beach Fire Station Department Wide Facility Standards Long Beach Facility Joint Police/Fire Facility Feasibility Study Los Angeles Fire Station No. 13, 77 and 84
Mammoth Lakes Police & Fire Department Facilities Master Plan Marin County Fire Facilities Strategic Plan
Mariposa Fire Station
Milpitas Station No. 1 Replacement
Merced Central Fire Station
Menlo Park Fire Protection District Fire Station No. 2
Menlo Park New Fire Station No. 2 Site Improvements
Menlo Park Fire Station No. 6 Replacement Study
Modesto Fire Station No. 11
Montecito Fire Station No. 2
Mountain View Police/Fire Station Renovation
Mountain House Fire & Police Station Master Plan
Nipomo Fire Station No. 22
Oakdale Fire Station No. 2
Orinda Fire Station No. 44
Palo Alto Fire Stations 3 and 4 Replacement Study
Paso Robles Meridian Fire Station
Paso Robles Public Safety Facility
Redondo Beach New Main Fire Station Replacement Study
Riverside EOC/Training Center
Riverside Fire Station No. 1, 6, 8 and 13
Sacramento Fire Station No. 5, 20 and 30
San Francisco Fire Boat Station No. 35
San Jose Fire Stations No. 34 and 35
San Luis Obispo Main Fire Station No. 1
San Mateo Fire Station No. 21 Historic Renovation
San Mateo Fire Station No. 26
San Mateo Fire Station No. 23 Replacement Study
Santa Clara Fire Station No. 2/Training Facility
Santa Clara Fire Station No. 6
Santa Cruz Fire Department Facilities Modernization Program Saratoga Fire Department Headquarters Replacement Station San Rafael Fire Stations No. 51, 52 & 57
San Rafael Fire Station 52
San Rafael Fire Station 57
San Rafael Public Safety Center
Stockton Fire Station No. 13
Turlock Fire Station No. 1
Ventura County Fire Department
Windsor Fire Protection District Fire Station No. 2
Yuba City Fire Station No. 4 Replacement Project
Yuba City Fire Station No. 7 Renovation Project
Yuba City Fire Station Nos. 2 & 7 Needs Assessment
Fire sta! ons are American icons, points of pride and symbols of civic ownership. NMR + MMA understands the rela! onship between community pride and the prac! cal need for facili! es that work. We understand as only a company that has designed and built more than 100 public safety facili! es can. From headquarters facili! es, to 911 call centers, to training facili! es and emergency opera! ons centers, we work side by side with public safety professionals to meet community demands.

The following is a lis! ng of our teams extensive experience in Fire Sta! on design for both Ci! es and Coun! es:

EXPERIENCE WITH FIRE STATIONS
65 of 416
D. PAST PROJECTS
City of Yreka New Fire Sta on Project 4

EXPERIENCE IN SISKIYOU COUNTY
Siskiyou County Courthouse Addition/Permit Center
Siskiyou County Courts Addition
Siskiyou County Council Chambers
Siskiyou County Public Works Complex
Siskiyou County Jail Remodel
Siskiyou County Corp Yard
Siskiyou County Juvenile Hall Classroom Additions
Siskiyou County Family Law Phase 1
Siskiyou County Sheriff Needs Assessment
Siskiyou County Office of Education Child Care Portable Siskiyou County Office of Education Early Head Start
Siskiyou County Dept. of Education HVAC Upgrade
Siskiyou County Dept. of Education Restroom Remodel
Siskiyou County Dept. of Education Reroof
Siskiyou County Dept. of Education Infant Care House
Dunsmuir High School Water Heating System Replacement
Dunsmuir High School Bus Barn Reconstruction
Dunsmuir High School Stair Reconstruction
Yreka High School Modernization Phase 1
Yreka High School Modernization Phase 3
Yreka High School Gym Entry
Yreka High School New Gymnasium
Yreka High School Fire Alarm
Yreka High School Culinary Arts
Yreka High School Cafeteria Expansion
College of Siskiyous Yreka Campus Center Remodel
College of Siskiyous McCloud Hall Darkroom
College of Siskiyous McCloud Hall Faculty Offices
College of Siskiyous Dorm Shower Room Rehab
College of Siskiyous Dorm Fire Alarm
College of Siskiyous Dorm & Student Center Feasibility Study College of Siskiyous Welding Shop Ventilation
College of Siskiyous Tactical Training Center
College of Siskiyous Science Complex Replacement
College of Siskiyous Locker Room Remodel
College of Siskiyous Rural Health Sciences Inst.

College of Siskiyous Emergency Services Training Center College of Siskiyous Temporary Classroom Portable
College of Siskiyous Science Building
College of Siskiyous Fire Tower
College of Siskiyous Distance Learning Center
Siskiyou UHSD McCloud High School Modernization
Siskiyou UHSD Mt. Shasta High School Modernization
Siskiyou UHSD Mt. Shasta High School Shop Reroof
Siskiyou UHSD Mt. Shasta High School Library Expansion
Siskiyou UHSD Mt. Shasta High School HVAC
Siskiyou UHSD Mt. Shasta High School Welding & Wood Shop Siskiyou UHSD Mt. Shasta High School Press Box Replacement Siskiyou UHSD Mt. Shasta High School Shops Canopy
Siskiyou UHSD Weed High School Modernization
Siskiyou UHSD Weed High School Relocatables
Siskiyou UHSD Weed High School HVAC Replacement
Siskiyou UHSD Happy Camp High School Modernization
Siskiyou UHSD Happy Camp High School Roof Reconstruction Siskiyou UHSD Happy Camp High School Reroof
Siskiyou UHSD Happy Camp High HVAC
Siskiyou UHSD Happy Camp High Kitchen
McCloud Health Dunsmuir Clinic Assessment
Weed Community Center
Weed Elementary Fire Damage
Holy Family Catholic Church Fire Replacement, Weed
66 of 416

E. SCOPE OF WORK
City of Yreka New Fire Sta on Project 12
Having worked together on multiple fire station projects, the NMR+MMA team have a cohesive team structure in place.

The proposed team members have been selected based on previous successfully completed projects and will function in similar roles on this project, allowing us to simply continue to utilize a positive team structure. NMR’s Principal Architect Kyle Matti will serve as the primary, local point-of-contact, while Principal Architect Mary McGrath and her team of fire station specialists will provide the technical knowledge that is beneficial for this project.

Having more than 1 million square feet of fire station construction experience, MMA has the insight to develop the space programming needs thoroughly and accurately. With NMR’s local availability, we believe we are the team to offer unparalleled services for the new Yreka FIre Station.

KEY ELEMENTS OF OUR PROJECT APPROACH INCLUDE:

1. Consider fi re fi ghter health and safety using the newest thinking in fi re sta" on design.

2. Design the fl ow and separa" on of zones throughout each facility: Cool Zones (living quarters), Warm Zones(apparatus bays, work areas) and Hot Zones (any room with turnouts, decontamina" on and pathways from the apparatus to the living quarters).

3. The design of a successful fi re sta" on starts with an integra" on of the building to the site and the fi re fi ghters team that it serves. The design process will be ini" ated by reviewing the project’s site and analyzing all poten" al design alterna" ves that could make the best possible facility.

4. Scoping mee" ngs with the Fire Department staff and other City of Yreka staff are an integral part of the design process. In an eff ort to develop the best design, a collabora" ve eff ort of obtaining ideas and recommenda" ons from all team and staff members will be a necessity.

5. NMR + MMA will have an ac" ve role in the management and coordina" on of the project, including coordina" ng monthly mee" ngs with City staff to discuss project status, problems, budge" ng, and other areas that have an adverse eff ect on the work.

6. The input of the Fire Department staff is crucial to the success of this project. We are prepared to facilitate obtaining this input with presenta" ons at key project phases. We are also prepared to work with the City of Yreka Department of Public Works to integrate these sugges" ons into the design of the sta" on.

PROJECT APPROACH
74 of 416
E. SCOPE OF WORK
City of Yreka New Fire Sta on Project 13
TASK 1 : PROJECT INITIATION
This task will begin the process of defi ning how the
project will be managed, communicaÅ on goals and
techniques will be idenÅ fi ed and a consistent meeÅ ng schedule established. A kickoff meeÅ ng will be held
with City staff to introduce the Design team. We will
review objecÅ ves of the project, budget, schedule,
communicaÅ on channels and coordinaÅ on with city
departments and other agencies. This meeÅ ng will
begin an early discussion on what might be the mission
statement of the strategic plan.

TASK 2 : SPACE PLAN AND SITE ANALYSIS REVIEW
We will develop an architectural space program based on current and future space needs. We will work with the Fire Department to idenÅ fy and evaluate department needs. The Architectural Space Program will establish the basis of design for the subsequent phases.

Our team will assist the City with the analysis of mulÅ ple sites to help determine the appropriate site for the project. Upon selecÅ on of a site we will perform addiÅ onal evaluaÅ on tasks like a Topographic Survey, Geotechnical InvesÅ gaÅ on and 3D Mapping via a drone created orthomasaic.

PHASE 1
TASK 3 : DEVELOP CONCEPT DESIGNS
We will develop at least two concept designs for building construcÅ on and site development, based needs idenÅ fi ed for the Fire StaÅ on Building, the most eff ecÅ ve and effi cient use of space terms of space programming for the building, and maximizing retaining exisÅ ng community space. Concept designs will take into consideraÅ on the program and construcÅ on elements of the exisÅ ng site. It is anÅ cipated that during this task that there will be at least three meeÅ ngs with the Design Team.

Site arrangement diagrams will be prepared for the facility. These diagrams will be used as a bench mark for assessing the exisÅ ng site. This work is completed just following the space needs outlines and facility condiÅ on updates. Diagrams will demonstrate vehicular fl ow including fi re apparatus, delivery vehicles, public parking, and fi re fi ghter parking; secure zones, general building arrangement and orientaÅ on.

Three dimensional model and renderings will be created to convey design alternaÅ ves to City staff and City Council for approval.

ConstrucÅ on Cost EsÅ mates will be prepared for each design alternaÅ ve. The design team will also assist with the environmental approval process as necessary.

TASK 4 : DESIGN DEVELOPMENT
• Prepare design development documents. Building selected Conceptual Design and incorporaÅ ng review comments from the City and stakeholders, we will prepare and submit more detailed drawings represenÅ ng a 45% submi# al. • Prepare a design development cost es! mate. We will provide a more accurate cost esÅ mate relaÅ ve to the more detailed drawings and specifi caÅ ons submi# ed in this phase of the project. 75 of 416
E. SCOPE OF WORK
City of Yreka New Fire Sta on Project 14
TASK 5 : CONSTRUCTION DOCUMENTS
• Complete a detailed set of drawings and specifi ca" ons for plan check and bidding/construc" on purposes. Our project team takes pride in the quality and coordina on of the construc on documents we produce. The clarity and completeness of the Construc on Documents prepared by our project team typically results in very low construc on change orders, usually below 1% of total construc on costs. • 60% Construc" on Documents: Presenta on will be made to City. Adjustments to the Construc on Documents authorized by the City will be made to the documents.
• 90% Construc" on Documents: This set of plans and specifi ca ons will be submi" ed to the City for review and comment as well as to the building department for plan review.. • 100% Construc" on Documents: This set of Construc on Documents will include revisions as requested during the permi# ng process, revisions as required to make the project stay within budget and any addi onal requests from the City project team.
• Complete a fi nal cost es" mate of the project. We will provide a new cost es mate, based on the 100% Construc on Documents, not an update of previous cost es mates, at the end of this phase of the project.

PHASE 2
TASK 6 : PROJECT MANAGEMENT / CONTRACT ADMINISTRATION
NMR will work in coopera on with the City and Contractor to provide support during construc on to insure that the project is successful for the City.
• A# end construc" on mee" ngs with the Project
Manager and Contractor. We will be readily
available for progress mee ngs and preconstruc on mee ngs during construc on. • Respond to contractor Requests for Informa" on
(RFI). We understand that delays in construc on
can impact the project signifi cantly and it is the
responsibility of the design team to respond in a
mely manner to all ques ons from the Contractor.
• Review contractor’s submi# als. The review of submi" als is an important part of the construc on process. We like to use the submi" al process as an opportunity to verify that the actual products that the Contractor will be using are exactly what the City has asked for and what the Contract Documents require. • Make site visits to determine compliance with plans and specifi ca" ons. We will make periodic site visits to assess the progress of construc on, answer contractor ques ons, or hold intermediate construc on progress mee ngs as needed.
• Perform punchlist walkthroughs and oversee project closeout. As construc on is being completed, we will conduct a series of walk-throughs with our team of architects and consultants, who will review the building and create a punchlist of items that the contractor will need to remedy. Our number one task at project closeout is to help the Fire Department make a smooth transi on into their new facility. 76 of 416

F. RESPONSIBLE PERSONNEL
City of Yreka New Fire Sta on Project 20
John has many years of diverse experience on a wide variety of projects. His public work assignments have covered minor remodel improvements to larger more complex projects. His construc on knowledge melds over every studio at NMR: residen al, commercial, civic, educa onal, giving him the unique opportunity to work on a variety of project types.

JOHN CORLESS

STRUCTURAL ENGINEER
John’s responsibili es include schema c design through construc on administra on for Nichols, Melburg & Rosse! o’s larger structural engineering projects.

RELEVANT PROJECT EXPERIENCE
Shasta County / Cal Fire Riverside Ave. Fire Sta on #47 | Anderson, CA
Tehama Co. Bowman Fire Sta on Addi on | Co! onwood, CA Big Bend & Pla na FIre Sta ons, CADF & Fire Protec on Social Security Building| Redding, CA
Law Enforcement Center & Council Chambers | Shasta Lake, CA Shasta Dam Upper Vista House Remodel, U. S. Bureau of Reclama on Council Chambers | Redding, CA.

Yreka High School Gymnasium| Yreka, CA
Purchasing Building, MRI & CT, Fairchild Medical| Yreka, CA Storage & Conference Room Addi on, R/F, Fairchild, Yreka| CA

INDUSTRY EXPERIENCE
26 Industry Years
NMR Team Member Since 2008

PROFESSIONAL REGISTRATION
Registered Structural EngineerCalifornia, Arizona, Nevada No. S4556

EDUCATION
Bachelor of Architecture
California Polytechnic State University,
SLO, 1981
Harvard Graduate School of Design,
1990
Harvard Graduate School of Design,
1995

CONTACT INFO
Nichols, Melburg & Rosse! o
300 Knollcrest Drive
Redding, CA 96002
(530) 222-3300
[email protected]
Joined ArcSine Engineering in 1988. Project experience encompasses design and management of electrical, lighng, process and automa on, mechanical, plumbing, civil, structural, geotechnical, and architectural disciplines including retained expert for professional tes mony. Projects include commercial, community buildings, governmental, tribal, and healthcare facili es throughout California and Oregon.

DOUGLAS MCHANEY

ELECTRICAL ENGINEER

RELEVANT PROJECT EXPERIENCE
Scenic Avenue Fire Sta on | Medford, OR
Medford Fire Sta on 2, 2, and 4 | Medford, OR
Redding ARFF Facility | Redding, CA

PROFESSIONAL REGISTRATION
Registered Professional Engineer,
California No. 13928
Oregon No. 17004PE
Arizona No. 27674
Washington No. 31650
Nevada No. 17487
Idaho No. 11786
Na onal Council of Examiners
for Engineering No. 11938

EDUCATION
Master Of Business Administra on
Degree, University of California,
Berkeley, 1988
Bachelor Of Science Degree, Electrical
Engineering – University of California,
Davis, 1983

CONTACT INFO
ArcSine Engineering
950 Execu ve Way
Redding, CA 96002
(530)222-7204
82 of 416

F. RESPONSIBLE PERSONNEL
City of Yreka New Fire Sta on Project 22
Mr. Moreno off ers a diverse range of construcÅ on experÅ se. He brings with him over 25 years of experience in construcÅ on and esÅ maÅ ng.

Specializing in mechanical and electrical work, his parÅ cipaÅ on ranges from the conceptual planning phase through design and fi nal construcÅ on. With an extensive knowledge base, Mr. Moreno has a proven record and is known for his ability to work with clients to produce quality results.

EDUCATION
AA-ConstrucÅ on, Bu! e Community
College, Chico, CA
RS Means Electrical EsÅ maÅ ng
RS Means Mechanical EsÅ maÅ ng
CSUS & ARC-EsÅ maÅ ng & ConstrucÅ on
Management

CONTACT INFORMATION
John Moreno
Sierra West Group
9700 Business Park Drive, Suite 102
Sacramento, CA 95827
[email protected]

JOHN MORENO

CHIEF COST ESTIMATOR
RELEVANT PROJECT EXPERIENCE:

Riverside Fire StaÅ on | Redding, CA
Coastside Fire StaÅ on No. 44 Feasibility Study | Moss Beach, CA CA Dept. Of Forestry Headquarters | Fresno, CA
California Fire & Safety Training Facility | Mather, CA Cayucos Fire StaÅ on #11 | San Luis Obispo, CA
Chico Fire StaÅ on Phase 3 Refurbishments | Chico, CA
Woodland Fire Department | Woodland, CA
Bu! e Fire StaÅ on Mess Hall | Bu! e, CA
Yreka High School Gymnasium | Yreka, CA
Yreka High School Fire Alarm Upgrades | Yreka, CA
Yreka High School Culinary Classroom RenovaÅ on | Yreka, CA ML
Michael Lander ASLA is a private landscape architectural fi rm dedicated to producing designs that are exciÅ ng, funcÅ onal, and complimentary to the site. The company provides a very personal service with an emphasis on idenÅ fying the unique requirements and soluÅ ons for each project. The company prides itself with delivering design soluÅ ons on Å me and within budget. Over the last 33 years, Michael Lander has strived to create three-dimensional landscapes, which appeal to the senses, harmonize and connect components of the project and its surroundings, and be a! racÅ ve over many years and many changes in ‘style’. With a heavy background in landscape construcÅ on, the designs are His landscape construcÅ on background also enables him to provide knowledgeable and problem-solving construcÅ on administraÅ on during the construcÅ on phase of projects.

RELEVANT PROJECT EXPERIENCE
Shasta County / Cal Fire Riverside Ave. Fire StaÅ on #47 | Anderson, CA Mt. Hebron Barracks Complex, USDA Forest Service |Mt. Hebron, CA Hidden Valley Fire FaciliÅ es - Bureau of Land Management | Susanville, CA McCloud Ranger StaÅ on - USDA Forest Service | McCloud, CA Shasta County Adult RehabilitaÅ on Center | Redding, CA Shasta County District A! orney Offi ces | Redding, CA
Anderson Teen and Community Center |Anderson, CA

PROFESSIONAL REGISTRATION
Landscape Architect in California,
No. 2399. 1984

EDUCATION
BS, Landscape Architecture, California
Polytechnic State University, San Luis
Obispo, 1980

CONTACT INFO
Michael Lander ASLA
20270 Lupine Drive
Redding, CA 96002
(530) 223-2488
[email protected]

MICHAEL LANDER

LANDSCAPE ARCHITECT
84 of 416
F. RESPONSIBLE PERSONNEL
City of Yreka New Fire Sta on Project 23

EXCEPTIONS
Nichols, Melburg & Rosse o Architects + Mary McGrath Architects has no excepÅ ons to this RFP.

Humboldt County Community Correc ons Re-Entry Resource Center 85 of 416
REQUEST FOR QUALIFICATIONS – ARCHITECTURE/ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES CITY OF YREKA NEW FIRE STATION PROJECT – ATTACHMENT 2 (FORMS TO ACCOMPANY SUBMISSION) PG. 2

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: ____________ Facsimile Number:______________________ Email Address:_____________________________________
Nichols, Mleburg & Rossetto
Corporation
300 Knollcrest Drive Redding, CA 96002
nmrdesign.com
(530) 222-3300 (530) 222-3538
[email protected]
56 years 56 years
X
X CA
68-0009012
Monday - Friday 8:00a - 5:00p
New Years Day, President’s Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Day Kyle Matti, Principal
(530) 222-3300 (530) 222-3538
[email protected]
Brenda Comer
(530) 222-3300 (530) 222-3538
[email protected]
Deven Carter, Associate Principal
(530) 222-3300 (530) 222-3538
[email protected]
86 of 416
REQUEST FOR QUALIFICATIONS – ARCHITECTURE/ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES CITY OF YREKA NEW FIRE STATION PROJECT – ATTACHMENT 2 (FORMS TO ACCOMPANY SUBMISSION) PG. 3 References
Submit the information below for at least four clients, preferably other municipalities, for whom your firm has completed projects comparable to the project described in this Request for Qualifications,or submiit letters from your references which include the requested information.

Company Name: _
Contact ame:

Email:

Addre s
Brief Contract De cription
Company Name: _
Contact ame
Addre
Ema l:

Brief Contract Description:

Contact Name: _
Ema l:

Addre
Brief Co

Address:
mail:

Bri f
o Telephone Number:
o t Na Contract Amount:

Address:

Brief Contract Description:
o Telephone Number:

Contact Name: Contract Amount:

Email:

Address:
tr c
ompany Name: Telephone Number:

Contact Name: Contract Amount:

Email:

Address:

Brief Contract Description:

Company Name: Telephone Number:

Contact Name: Contract Amount:

Email:

Address:

Brief Contract Description:

REQUEST FOR QUALIFICATIONS – ARCHITECTURE/ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES CITY OF YREKA NEW FIRE STATION PROJECT – ATTACHMENT 2 (FORMS TO ACCOMPANY SUBMISSION) PG. 3 References
Submit the information below for at least four clients, preferably other municipalities, for whom your firm has completed projects comparable to the project described in this Request for Qualifications,or submiit letters from your references which include the requested information.

Company Name: _
Contact ame:

Email:

Addre s
Brief Contract De cription
Company Name: _
Contact ame
Addre
Ema l:

Brief Contract Description:

Contact Name: _
Ema l:

Addre
Brief Co

Address:
mail:

Bri f
Shasta County Fire (530) 225-2403
Scott Corn, Assistant Chief - Central Division
875 Cypress Avenue Redding, CA
City of Redding Fire Department (530) 225-4142
Jerrod Vanlandingham, Fire Chief
777 Cypress Avenue, First Floor Redding, CA
[email protected]
Shasta County Public Works (530) 245-6810
Shawn Ankeny, Principal Engineer
1855 Placer Street Redding, CA
[email protected]
Humboldt County Dept. of Public Works (707) 268-2665
Jake Johnson, Construction Project Manager
1106 2nd Street, Eureka, CA 95501
[email protected]
[email protected]
Shasta County / Cal Fire Riverside Avenue Fire Station #47 | Anderson, CA New fire station in Anderson for the Shasta County Fire Department and CalFire. The fire station includes an 8-bed living quarters, offices, and 3-bay apparatus bay. Completed 2022.

City of Redding Fire Station Assessments and Modernizations | Redding, CA Phase 1 of this project is preparation of a Fire Stations Assessment Report of the existing 8 fire stations in Redding.

Phase 2 is preparation of construction documents for a new #9 fire station and modernizations of the existing based on the assessment reports.

Construction budget $7 million
Construction budget $25 million
Shasta County Administration Building, Adult Rehabilitation Center, Department of Public Works Remodel, District Attorney Office Remodel, Health and Human Services (multiple remodels), Juvenile Hall Rehabilitation Facility, Probation Department Relocation, Public Health Building, Public Health Lab Remodel, Resource Management Lobby Addition, Coroners Office Addition, etc.

Multiple projects
Juvenile Hall Replacement Facility, Community Corrections Re-Entry Facility, Children Services Center, ADA Compliance projects, 5th Floor Courthouse Remodel, Probation Fire Restorations, etc.

Multiple projects
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REQUEST FOR QUALIFICATIONS – ARCHITECTURE/ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES CITY OF YREKA NEW FIRE STATION PROJECT – ATTACHMENT 2 (FORMS TO ACCOMPANY SUBMISSION) PG. 4 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: ___________________ Michael O’Connor CEO (530) 222-3300
Kevin Robertson COO (530) 222-3300
Wes King CFO (530) 222-3300
Kyle Matti Secretary (530) 222-3300
68-0009012
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REQUEST FOR QUALIFICATIONS – ARCHITECTURE/ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES CITY OF YREKA NEW FIRE STATION PROJECT – ATTACHMENT 2 (FORMS TO ACCOMPANY SUBMISSION) PG. 5

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 Name:_____________________________________
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 Name:_____________________________________
3/6/2023
Kyle Matti, Principal Architect
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REQUEST FOR QUALIFICATIONS – ARCHITECTURE/ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES CITY OF YREKA NEW FIRE STATION PROJECT – ATTACHMENT 2 (FORMS TO ACCOMPANY SUBMISSION) PG. 6

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.

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."
X
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City of Yreka – New Fire Station
Scope of Services
05-30-2023

Page 1 of 4 ends

I. PROJECT DESCRIPTION: New Fire Station for the City of Yreka.

A. Building Area: 15,000 to 20,000 sf
B. Site – Not determined at this time.

C. Project Delivery Method – Design / Bid / Build
D. Construction Budget – $15M to $20M (project budget of $18M to $25M) II. PROJECT TEAM: The following Architects and Engineers are included on our team A. Architect: NMR Architects & Engineers
B. Associate Architect: Mary McGrath Architects
C. Civil Engineer: E & S Engineers & Surveyors
D. Landscape Architect: Michael Lander ASLA
E. Geotechnical Engineer: Mid-Pacific Engineering
F. Structural Engineer: NMR Architects & Engineers
G. Mechanical & Electrical Engineer: ArcSine Engineering H. Interior Design: NMR Architects & Engineers
I. Construction Cost Estimator: Sierra West
III. SCOPE OF SERVICES: NMR will provide the following:

Phase I
Task 1 Project Initiation:

Develop and confirm project requirements, stakeholders, and scope.

Task 2 Space Plan and Site Analysis Review:
a. Architectural Space Program

1. Building Spaces & Alternatives

2. Site Elements

3. Typical room diagrams

4. Space Program
b. Conceptual Cost Estimate based on Space Program elements. c. Site Alternatives – Preliminary Site Analysis - 4 sites

1. Planning Issues

2. Access points

3. Utilities

4. Natural Site Elements (topography, solar, landscape, etc.)

5. Test to fit – Site Plan
d. Site Studies – 1 site

1. Topographic Survey

2. Geotechnical Investigation Report

3. Confirm Planning Requirements
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Task 3 Develop Concept Designs:

Develop at least two conceptual Designs.
a. Conceptual Designs

1. Site Plan

2. Floor Plan(s)

3. Sections

4. Exterior Elevations

5. Exterior Renderings
b. Outline Specifications / Conceptual Systems designs

1. Structural

2. Mechanical

3. Electrical
c. Construction Cost Estimate and updated project budget d. Site Analysis / Requirements

1. Provide diagrams as needed to assist with environmental review.

2. Identify requirements for storm water systems.
e. Project Management

1. Develop project schedule

2. Assist with documentation necessary for CEQA & NEPA clearance.

3. Project meetings

4. Presentations to City Council
Task 4 Design Development:
45% Submittal
a. Drawings – as needed as appropriate for this level of documents, at a minimum the following drawings will be included:

1. Title Sheet

2. Life Safety Analysis

3. Site Plan

4. Site Demolition Plan

5. Civil Engineering: Preliminary Grading, utility improvements, off-site improvements.

6. Landscape planting Plan

7. Floor Plan(s)

8. Roof Plan

9. Exterior Elevations

10. Sections

11. Structural Engineering: Preliminary Foundation and Framing Plans, typical details.

12. Mechanical Engineering: Zoning diagrams and Preliminary Systems layouts

13. Plumbing Engineering: Preliminary piping diagrams and fixture selections.

14. Electrical Engineering: Preliminary power and signal plans, lighting plans and single line diagrams.

15. Low Voltage Design: Preliminary camera and security electronics plans.

16. Exterior Renderings
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Scope of Services
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Page 3 of 4 ends

b. Specifications
c. Construction Cost Estimate and updated project budget d. Project Management

1. Update project schedule

2. Assist with documentation necessary for preliminary approvals

3. Project meetings

4. Presentation to City Council
Phase II
Task 5 Construction Documents:
60% Submittal
a. Drawings – Update per City Comments, Additional drawings / information as needed.
b. Specifications – Update
c. Construction Cost Estimate and updated project budget 90% Submittal – Plan Check Submittal
a. Drawings – Update per City Comments, Additional drawings / information as needed.
b. Specifications – Update
c. Calculations – Structural, Energy, Electrical, etc.
d. Construction Cost Estimate and updated project budget Agency Review
a. Coordinate with Authorities have Jurisdiction and address plan check comments.
100% Submittal – Bid Documents
a. Drawings
b. Specifications
c. Construction Cost Estimate
Bidding Support
a. Attend Pre-Bid meeting
b. Respond to Bidders questions
c. Prepare Addendums as necessary
d. Review bid documents submitted by Bidders
e. Attend City Council meeting if necessary
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Scope of Services
05-30-2023

Page 4 of 4 ends

Task 6 Construction Observation:
a. Owner / Architect Contractor Meetings - Min. 2 times / month b. Respond to Contractors RFI’s
c. Review Contractors Submittals
d. Review Contractors Payment Applications
e. Prepare Architectural Bulletin’s to supplement / clarify contract documents f. Prepare final punchlist
III. SPECIFIC EXCLUSIONS: The following items are specifically excluded from NMR’s scope of services under this proposal:

A. In general, services other than those outlined in Section II above, “Scope of Services”.

B. Plan check fees, permit fees and other processing fees.

C. Furniture Procurement
D. Services related to substantive changes in project size, scope, or delivery methods.

E. Services related to revisions in applicable codes, laws, or ordinances which may arise after design is complete.

F. Groundwater monitoring well planning, installation or monitoring.

G. Soil percolation analysis.

H. Off-site utility design: It is assumed that existing on-site facilities have adequate capacity to accommodate the proposed development.

I. SWPPP design: this proposal does not include a Qualified SWPPP Practitioner (QSP) or Qualified SWPP Developer (QSD) services.
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CITY OF YREKA

PROFESSIONAL SERVICES AGREEMENT

FOR DESIGN PROFESSIONALS
Use the following form agreement for contracts with Design Professionals where the scope of the work requires the consultant to be licensed or registered as one or more of the following:

1. an architect pursuant to Business and Professions Code 5500 et seq.,

2. a landscape architect pursuant to Business and Professions Code 5615 et seq.,

3. a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or

4. a professional engineer pursuant to Business and Professions Code 6700 et seq.

Highlighted text indicates notes to staff or choices and inserts required by staff. Delete notes and instructions as appropriate.

Insurance coverage and forms (Section 13) should be verified by the City’s insurance carrier.

This template does not include any state or federal funding requirements. If state or federal funding requirements are needed, they should be added as Exhibit C to the Agreement and paragraph 2.4 should be included in the body of the Agreement.

This page should be deleted from the document after editing for each project 97 of 416
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PROFESSIONAL SERVICES AGREEMENT

FOR DESIGN PROFESSIONALS
(City of Yreka / [Company or Individual])

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Yreka, a California municipal corporation (“City”), and Nichols-Melburg & Rossetto, AIA & Associates, Inc., a California corporation (“Consultant”) (collectively, “parties”).

2. RECITALS

2.1. City has determined that it requires the following professional services from a consultant: Architecture/Engineering Design and Construction Management Services, as more fully described in Exhibit A.

2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

2.4. This Agreement is subject to Federal and/or State funding requirements as described on Exhibit C, attached hereto. Consultant shall comply with all funding requirements during performance of the terms of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

3.1. “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land 98 of 416
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surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.

3.2. “Scope of Services”: Such professional services as described in Exhibit A attached herewith and fully incorporated herein by this reference.

3.3. “Agreement Administrator”: The Agreement Administrator for this project is ___________ [insert name of City’s contact for purposes of Agreement.The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant.

3.4. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the Consultant’s May 30, 2023 fee schedule attached hereto as Exhibit B and incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.5. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is ____________________ Dollars ($_______________).

3.6. “Commencement Date”: [date].

3.7. “Termination Date”: [date]

4. CAMPAIGN CONTRIBUTIONS
This Agreement is subject to Government Code Section 84308, as amended by SB 1439.

That statute requires Consultant to disclose any campaign contribution by the Consultant or the Consultant’s agent to City Councilmembers or other City officials of more than $250 in the aggregate in the preceding 12 months. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form with Consultant’s execution of this Agreement (Exhibit D).

5. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.
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6. CONSULTANT’S DUTIES

6.1. Services. Consultant shall perform the services identified in the Scope of Services under the requirements of this Agreement, including all exhibits and attachments hereto. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

6.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

6.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

6.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

6.5. Professional Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City.

Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

6.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.

6.7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. ____________________ [Name of Consultant’s Project Manager] shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent. 100 of 416
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6.8. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.

6.9. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

6.10. Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

6.11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

7. SUBCONTRACTING

7.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

7.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.

7.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.
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8. COMPENSATION

8.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

8.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

8.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

8.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

8.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.

8.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.

8.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.

9. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents 102 of 416
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free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

10. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products” herein) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law.

Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

11. RELATIONSHIP OF PARTIES

11.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.

11.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

11.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

11.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

12. INDEMNIFICATION
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12.1. Definitions. For purposes of this Section 12, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.

12.2. Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.

As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnity, defend and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.

12.3. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.
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12.4. Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.

Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

12.5. Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.

12.6. Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.

12.7. Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.

12.8. Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement.

Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

12.9. Civil Code. The parties are aware of the provisions of Civil Code 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this Section 11 complies therewith.

13. INSURANCE

13.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

13.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
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• Certificate of Insurance, indicating companies acceptable to City, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference:
- Project Name
- Additional Insured
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

13.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence, $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person) $ 5,000
• Workers' Compensation:
• Workers' Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured

13.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.
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13.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

13.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks.

13.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

13.8. Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 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.

13.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, agents, and employees of Yreka must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory.

All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

13.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the 107 of 416
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required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

13.11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is:

City of Yreka, Attn: __________________________ [insert department or individual], 701 Fourth Street, Yreka, CA 96097.

13.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

13.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

13.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant's insurer in connection with the services under this Agreement.

13.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.

City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.

13.16. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.
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14. MUTUAL COOPERATION

14.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents, and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

14.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

15. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City
[Name]
City of Yreka
[Department/Division]
701 Fourth Street
Yreka, CA 96097
Telephone: (530) 841-2386
Facsimile: (530) 842-4836
If to Consultant
[Name]
[Address]
[Address]
Telephone:

Facsimile: _______________
_
With courtesy copy to:

Andrew L. Jared, City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd., Suite 850
Pasadena, CA 91101
Telephone: (213) 542-5719
Facsimile: (213) 542-5710
Email: [email protected]

16. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 6.11 (Records), paragraph 11.4 (Indemnification of CalPERS Determination), Section 12 (Indemnification), paragraph 13.8 (Claims-Made Policies), paragraph 14.2 (Consultant Cooperation in Defense of Claims), and 109 of 416
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paragraph 19.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

17. TERMINATION

17.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

All City data, documents, objects, materials, or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

17.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice.

17.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

17.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.

18. INTERPRETATION OF AGREEMENT

18.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

18.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.

18.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.
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18.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

18.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

18.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

19. GENERAL PROVISIONS

19.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

19.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

19.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written 111 of 416
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consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

19.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

19.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

19.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

19.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.

Employment actions to which this provision appliesshall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

19.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

19.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

19.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise.

The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
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19.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, each party shall pay its own costs, including any accountants’ and attorneys’ fees expended in the action.

19.12. Venue. The venue for any litigation shall be Siskiyou County, California and Consultant hereby consents to jurisdiction in Siskiyou County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

19.13. Recitals. The Recitals are incorporated by this reference.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of Yreka
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
_________ [Name of Company or Individual]
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:

By:__________________________________
Shella Rhetta Hogan, Acting City Clerk
Date:________________________
Approved as to form:

By:__________________________________
Andrew L. Jared, City Attorney
Date:________________________
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SCOPE OF WORK
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CAMPAIGNCONTRIBUTIONDISCLOSUREPROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.

Please carefully read the following information to determine if the provisions apply to you. If you determine that the provisions are applicable, the Campaign Disclosure Form must be completed and returnedtothe Citywithyourapplication.

No City Councilmember or other City official shall accept, solicit, or direct a campaign contribution of more than $250 from any party1 or agent2 for 12 months after the
City approves a contract. This prohibition commences
when an application is filed, or a proceeding is otherwise initiated.

A party to a City proceeding shall disclose on the record of the proceeding any campaign contribution of more than $250 by a party or agent to any City Councilmember or other City official during the preceding 12 months. No party to a City proceeding, or agent, shall make a campaign contribution to a City Councilmember or other City official during a proceeding and for 12 months after the City approves a
contract.

A City Councilmember or other City official who received a campaign contribution of more than $250 within the
preceding 12 months from any party, or agent, to a
proceeding shall disclose that fact on the record of the proceeding, and shall abstain from participating in the proceeding. However, if he or she returns the portion of a campaign contribution in excess of $250 within 30 days of knowing about the contribution and the relevant
proceeding, he or she may participate in the proceeding. 1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.
2 “Agent” is defined as a person who represents a party in connection with a proceeding. If an individual acting as an agent also is acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or
corporation are agents. When a closed corporation is a party to a proceeding, the majority shareholder is subject to these provisions.

To determine whether you or your agent made a campaign
contribution of more than $250 to a City Councilmember or other City official within the preceding 12 months, you must aggregate all such contributions.

Names of current City Councilmembers and other City officials are available on the City’s website. If you have questions about Government Code Section 84308, FPPC regulations, or the Campaign Disclosure Form, please contact the City Clerk.

CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, or agent, who has contributed more than $250 to any City Councilmember or other City official within the preceding 12 months:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(b) Date and amount of contribution:

Date Amount $
Date Amount $
(c) Name of City Councilmember or other City official to whom contribution was made:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(d) □ Check here If no contributions have been made to
any Councilmember or other City official in the
preceding 12 months.
(e) I certify that the above information is provided to the best of my knowledge.

Printed Name
Signature
Date Phone
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CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager,
Emily Aldrich, Finance Director
AGENDA TITLE: Discussion and Possible Action: Motion Authorizing the City Manager or his delegate to enter into an Information
Technology Professional Services Agreement with Network One for Fiscal Year 2023-2024
MEETING DATE: 09/05/2023
Recommendation:

Motion Authorizing the City Manager or his delegate to enter into an Information Technology Professional Services Agreement with Network One for Fiscal Year 2023- 2024.

Discussion:

The City has been in discussion with NetworkOne and the City Attorney regarding terms and conditions for the City’s IT Networking and Managed Support services contract since May. Much of the effort was spent migrating the contract into a new professional services format provided by Colantuono, Highsmith, Whatley PC. The City has been in a professional services relationship with NetworkOne over the past decade. Collectively, with the City, building out a robust fiber circuit, networking platform; installing hardware, software, providing managed services, and overall information technology strategy. The contract term for this agreement is for one (1) year, July 1, 2023-June 30, 2024, and the contract is retroactive to July 1, 2023, upon adoption.

Fiscal Impact:

The cost of monthly networking and support services of $11,140 was considered in the recently adopted 2023-2024, 2024-2025 biannual budget. The contract term is for Fiscal Year 2023-2024.
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PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES (City of Yreka / Network One)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of Yreka, a California municipal corporation (“City”), and Siskiyou Technology Consultants, Inc. doing business as Network One, a California corporation (“Consultant” or “Network One”) (collectively, “parties”).

2. RECITALS

2.1 City has determined that it requires the following professional services from a consultant: management networking, ISP services and technical support services.

2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3 Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant risk of the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

3.1 “Scope of Services” means such professional services as described in “Exhibit A” attached herewith and fully incorporated herein by this reference.

3.2 “Proposal” means the proposal provided by Network One as described in “Exhibit B” attached herewith and fully incorporated herein by this reference.

3.3 “Approved Fee Schedule” means such compensation rates as are set forth in Consultant’s Quote #001408 for 4267 – Managed Services, as incorporated in Exhibit B. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties. 119 of 416
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3.4 “Commencement Date” means 07/01/2023.

3.5 “Termination Date” means 06/30/2024.

3.6 “City Agreement Administrator” means Rhetta Hogan, Assistant City Manager.

The Agreement Administrator shall be the principal point of contact at the City for this project.

3.7 “Consultant Project Administrator” means Jesse Austin or their designee.

4. CAMPAIGN CONTRIBUTIONS
This Agreement is subject to Government Code Section 84308, as amended by SB 1439.

5. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with Section 19 (“Termination”) below.

6. CONSULTANT’S SERVICES

6.1 Time is of the essence in Consultant’s performance of services under this Agreement.

6.2 Consultant shall perform the services identified in the Scope of Services in Exhibit A. City shall have the right to request, in writing, changes in the Scope of Services.

Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of eleven thousand, one hundred and forty dollars and thirty-six cents ($11,140.36) (“Maximum Amount") unless specifically approved in advance and in writing by City. Consultant shall notify the City Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the maximum amount payable above. Consultant shall concurrently inform the City Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount payable above. 120 of 416
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6.3 Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

6.4 Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict-of-interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.).

6.5 During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict-of-interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.

6.6 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Jesse Austin shall be the Consultant Project Administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement.

No other person shall serve as Consultant Project Administrator without City’s prior written consent.

6.7 This Agreement covers professional services of a specific and unique nature.

Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

6.8 Consultant shall be responsible to City for all services to be performed under this Agreement. All subconsultants shall be approved by the City Agreement Administrator and their billing rates identified in the Approved Fee Schedule. City shall pay Consultant for work performed by its subconsultants (including labor) only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants.

6.9 Consultant shall notify the City Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.
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6.10 To the extent this Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of prevailing wages is required under the California Labor Code, Consultant acknowledges that prevailing wage shall be paid by Consultant to all applicable employees. Consultant acknowledges that prevailing wage determinations are available for the performance of inspection and survey work.

6.11 Pursuant to California Labor Code Sections 1773.2 and 1775, the Consultant shall forfeit as a penalty to City $200.00 or any greater penalty provided in the Labor Code for each Calendar Day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under the Contract employed in the execution of the work by Consultant or by any Subcontract under Consultant in violation of the provisions of the Labor Code. In addition, the difference between such prevailing wage rates and the amount paid to each worker for each Calendar Day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant.

6.12 Pursuant to Labor Code § 1776, each consultant and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.

The payroll records enumerated under subdivision (a) shall be verified and shall be available for inspection at all reasonable hours as required by Labor Code § 1776.”

7. COMPENSATION

7.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Approved Fee Schedule in full satisfaction for such services.

7.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for services performed pursuant to this Agreement. Each invoice shall identify the maximum amount payable above, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor 122 of 416
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charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall include a copy of each subconsultant invoice for which reimbursement is sought in the invoice.

7.3 The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

7.4 Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment to this Agreement.

Consultant shall not undertake any such work without prior written approval of the Project Administrator.

8. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

9. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.

Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision or course of action, and Consultant, its officers, employees and agents shall not represent to any person or party that it or they are acting as agents of the City or that it or they have the power to bind or commit the City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

Under no circumstances shall Consultant look to the City as its employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, 123 of 416
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unemployment insurance, disability insurance, workers’ compensation, and other applicable federal and state taxes.

10. AGREEMENT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with City through its City Agreement Administrator. City reserves the right to change this designation upon written notice to Consultant. All services under this Agreement shall be performed at the request of the City Agreement Administrator, who will establish the timetable for completion of services and any interim milestones.

11. INDEMNIFICATION

11.1 The parties agree that City, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any other cost arising out of or in any way related to the performance of this Agreement.

Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.

11.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and when the City requests with respect to a claim provide a deposit for the defense of, and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Such costs and expenses shall include reasonable attorneys’ fees due to counsel of City’s choice, expert fees and all other expenses of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

11.3 City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this section of this Agreement and any amount due City from Consultant arising from Consultant’s 124 of 416
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failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

11.4 The obligations of Consultant under this section of this Agreement are not limited by the provisions of any workers’ compensation or similar statute. Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents, employees and volunteers.

11.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in section of this Agreement from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

11.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply whether or not any insurance policies apply to a claim, demand, damage, liability, loss, cost or expense.

11.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.
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12. INSURANCE

12.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.

12.2 Any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements or limits shall be available to City as an Additional Insured as provided below. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured.

12.3 Insurance required under this Agreement shall be of the types set forth below, with minimum coverage as described:

12.3.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.

12.3.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.

12.3.3 Worker’s Compensation insurance if and as required by the laws of the State of California.

12.3.4 Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000). In the event Consultant’s policy is a “claims made” policy only covering those claims made during the policy period, then Consultant agrees to maintain the professional liability insurance required hereunder and with respect to this project in effect for at least three (3) years after acceptance of the work. The retroactive date of the policy must be shown and must be before the Commencement Date of this Agreement. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a retroactive date before the Commencement Date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
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12.4 Consultant shall require each of its subconsultants to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the City Agreement Administrator may waive the provision of Errors and Omissions Insurance by subconsultants in his or her sole discretion.

12.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

12.6 Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.

12.7 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the required coverages are in effect and naming City and its officers, employees, agents and volunteers as Additional Insureds. Prior to commencement of work under this Agreement, Consultant shall file with City’s Risk Manager such certificate(s) and Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing City as an Additional Insured.

12.8 Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

12.9 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as Additional Insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

12.10 The insurance provided by Consultant shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

12.11 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subcontractors, from waiving 127 of 416
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the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City. 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 City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subconsultants.

12.12 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond in the amount of the deductible or self-insured retention to guarantee payment of losses and expenses.

12.13 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 11 of this Agreement.

12.14 Consultant may be self-insured under the terms of this Agreement only with express written approval from the City.

12.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the limits of liability.

12.14.2 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

12.15 City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.

13. MUTUAL COOPERATION

13.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

13.2 If any claim, action, or proceeding is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim, action, or proceeding.
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14. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

15. RECORDS AND INSPECTIONS
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.

16. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

17. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing). 129 of 416
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If to City:

Jason Ledbetter
City Manager
701 Fourth Street
Yreka, CA 96097
Telephone: (530) 841-2386
If to Consultant:

Jesse Austin
Network One
1512 S. Oregon Street
Yreka CA 96997
Telephone: (530) 841-1705
With courtesy copy to:

Andrew L. Jared, City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd., Suite 850
Pasadena, CA 91101
Telephone: (213) 542-5739
Facsimile: (213) 542-5710
Email: [email protected]

18. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 11, Section 14, Paragraph 13.2 and Section 15 of this Agreement shall survive the expiration or termination of this Agreement.

19. TERMINATION

19.1. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant may terminate this Agreement for any reason on thirty calendar days’ written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

All City data, documents, objects, materials or other tangible things shall be promptly returned to City upon the termination or expiration of this Agreement.

19.2. If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Section 5.2 above and as otherwise provided in this Agreement.

20. GENERAL PROVISIONS
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20.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

20.2 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in which the context requires such substitution(s).

20.3 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party to be charged with the waiver.

20.4 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

20.5 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants’ and attorneys’ fees expended in the action. The venue for any litigation shall be Siskiyou County, California and Consultant hereby consents to jurisdiction in Siskiyou County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

20.6 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such 131 of 416
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event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

20.7 This Agreement shall be governed and construed in accordance with the laws of the State of California.

20.8 All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and those of any document incorporated herein by reference or as an exhibit, the provisions of this Agreement shall prevail unless expressly stated in such exhibits or referenced document that such supersede the terms of this Agreement. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on behalf of the City and Consultant.

20.9 Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.

Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training, Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

20.10 This Agreement shall be binding on successors and assigns of the parties.

20.11 Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

20.12 The Recitals are incorporated by this reference.
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City” “Consultant”
Network One
By___________________________ By:_______________________________ Jason Ledbetter, City Manager Jesse Austin, Business Dev. Manager Date:______________________ Date:_________________________ Attest:

By
Rhetta Hogan, City Clerk
Date:_______________________
Approved as to form:

By
Andrew L. Jared, City Attorney
Date: ________________________
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“EXHIBIT A”

SCOPE OF SERVICES
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The Scope of Services includes:
• The Network One Gold Plan (priced at $8,298.00). The Gold Plan includes the following services:
o Managing the Router and Support
o Managing the Switch and Support
o Managing the Wireless AP and Support
o Managing the Network Wireless Bridge, SaaS, and Support o Managing Software and Microsoft 365 Support
o Managing BDR M365 Backup and Office 365 Backup per user o Managing Software for the Server App and Support
o Managing the Server, Support, RMM, and AV
o Managing Workstation Support, Remote Support, RMM, and Anti-virus o Managing Workstation Support via Onsite Support
o Managing UPS and Support
• Additional Recurring Services (priced at $4,842.36). The Additional Recurring Services include the following services:
o Managing the Circuit in Yreka City Hall
o Managing the Circuit in the Yreka Police Department
o Managing the Circuit in Yreka Public Works
o Managing the Circuit in the Yreka Fire Department
o Managing the Circuit in the Yreka Community Center
o Managing the Backup Disaster Recovery
o Managing Surveillance NVR and Support
o Managing Surveillance cameras and Support
• A $2,000.00 discount provided to the City of Yreka with an annual review required. The discount expires on the Termination date of 06/30/2024. • Admin passwords shall be changed if any of the following occurs: Employee turnover at Network One, or 90 days since last change
• Follow additional security policies (Enforced password history, minimum password length, password complexity requirements, etc).
• Passwords shall only be shared with employee designated by City as having Admin rights and such rights shall allow changing of passwords and access to admin level. • City shall be responsible for purchase and licensing of all software. Network One shall only be responsible for purchase and licensing is the software provided by Network One (AV, RMM, M365 BCDR).
• Network One is responsible for all purchase and licensing of software provided by Network One. City shall be responsible for all other software. • Network One shall assist in providing user account and licensing reports. • City is responsible for inventory of all hardware.
• Network One shall assist with engineering, quoting, and providing consulting services when selecting new software and hardware. The City shall determine which vendor to use for the software/hardware procurement.
• City shall advise Network One of the retention period for all records. 134 of 416
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• City of Yreka and YPD shall solely own all server hardware. • City shall have option to upgrade security offering at additional $4/mo/M365 user account.
• Network One shall provide and manage Advanced 365 threat protection from Ransomware, Malware, Phishing, and Business E-mail Compromise. • Network One shall work with City personnel to customize Spam Filtering 135 of 416
“EXHIBIT B”

CONSULTANT PROPOSAL
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Executive Summary
About Our Company
About Us
Cloud Solutions, IT Infrastructure, Security, Surveillance, Wireless Networks and Managed Services At Network One our expertise is in building out enterprise-grade IT infrastructure in regional data centers and extending those assets to our clients by providing hardware as part of the support contract. This gives you the ability to increase uptime, stabilize your network and decreasing downtime. We include hardware in our support contracts so there is no longer the need to purchase expensive hardware. By utilizing our data centers, we can centralize customers IT assets eliminating the need for on-site servers and give our clients the ability to share IT assets across multiple locations without buying additional hardware or software licenses
Services We Offer
24x7 Network Monitoring
Monitoring of critical functions on all network devices and proactive alerting when predetermined thresholds are met, allowing Network One to take action and avoid service interruption for the client.

Remote Support
Enjoy the flexibility of our methods described below for contacting the Network One Support team directly during normal advertised business hours (5:00AM - 5:00PM PST):

Email
By sending a brief email to [email protected], clients can create a support request and prompt a support technician to follow up quickly or at a specified time.

Phone
Through our direct support phone line, calls are answered by Engineers who can immediately begin resolving your support request. 24x7 Afterhours Support
Outside of normal advertised business hours, Network One's Engineers will provide support for client infrastructure and users for mission critical incidents that may arise.

Quote #001408 v1 Page: 2 of 11
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Gold Plan
Item Description Qty Recurring
Price
Recurring
Total
Price Ext. Price
Managed Circuit
- City Hall
1 $675.00 $675.00 $0.00 $0.00
Managed Circuit
- Police Department
1 $675.00 $675.00 $0.00 $0.00
Managed Circuit
- Public Works
1 $675.00 $675.00 $0.00 $0.00
Managed Circuit
- Fire Department
1 $675.00 $675.00 $0.00 $0.00
Managed Circuit
- Community Center
1 $112.50 $112.50 $0.00 $0.00
Managed Router
- Support
2 $75.00 $150.00 $0.00 $0.00
Managed Switch
- Support
14 $25.00 $350.00 $0.00 $0.00
Managed Network Wireless Bridge
- HaaS
- Support
3 $50.00 $150.00 $0.00 $0.00
Managed Wireless AP
- Support
10 $15.00 $150.00 $0.00 $0.00
Managed UPS
- Support
5 $0.00 $0.00 $0.00 $0.00
Managed Server
- Support
- RMM
- AV
12 $220.00 $2,640.00 $0.00 $0.00
Managed Backup Disaster Recovery
- Backup Continuity and Disaster Recovery
- 18TB Cloud Storage
- 1yr Cloud Retention
1 $1,812.86 $1,812.86 $0.00 $0.00
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Gold Plan
Item Description Qty Recurring
Price
Recurring
Total
Price Ext. Price
Managed Surveillance
- NVR
- Support
1 $52.00 $52.00 $0.00 $0.00
Managed Surveillance
- Camera
- Support
33 $10.00 $330.00 $0.00 $0.00
Managed Software
- Microsoft 365 Support
97 $10.00 $970.00 $0.00 $0.00
Managed BDR M365 Backup
- Office 365 Backup
- Per User
97 $4.00 $388.00 $0.00 $0.00
Managed Workstation Support
- Remote Support
- RMM
- Anti Virus
72 $25.00 $1,800.00 $0.00 $0.00
Managed Workstation Support
- Onsite Support
72 $25.00 $1,800.00 $0.00 $0.00
Subtotal: $13,405.36
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Additional Recurring Services
Item Description Qty Recurring
Price
Recurring
Total
Price Ext. Price
Managed Software
- Server App
- Support
4 $55.00 $220.00 $0.00 $0.00
Managed Software
- Office 365 Microsoft Project Plan 3 GCC
3 $30.00 $90.00 $0.00 $0.00
Subtotal: $310.00
Subtotal: $0.00
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4267 - Managed Services
Prepared by: Prepared for: Quote Information:

California City of Yreka Quote #: 001408
Jesse Austin
[email protected]
701 Fourth St
Yreka, CA 96097
Rhetta Hogan
(530) 340-6101
[email protected]
Version: 1
Delivery Date: 04/12/2023
Expiration Date: 07/31/2023
Quote Summary
Description Amount
Additional Recurring Services $0.00
Total: $0.00
Expenses Summary
Description Amount
Gold Plan $13,405.36
Additional Recurring Services $310.00
Total: $13,715.36
Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.

All quotes valid for 30 days only. Vendor prices and product availability are subject to change without notice.

All Network One quotes are in U.S. Dollars. For work outside the U.S., Network One shall use Chase Bank to determine rates of exchange at the time of invoice. Clients are responsible for any fees, tariffs, taxes, or changes in exchange rates that may result.

For Electrical Power, Network One will hire local Electrician(s) to extend power circuit. To be billed at cost + 17% See attached Professional Services Agreement for additional Terms Quote #001408 v1 Page: 6 of 11
142 of 416
California City of Yreka
Signature:

Name: Jesse Austin
Title:

Date: 04/12/2023
Signature:

Name:

Date:

Quote #001408 v1 Page: 7 of 11
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Notes and Exceptions
Notes
This is where you might enter some notes following the Acceptance section of your proposal. You can delete/repurpose/add to the content of this tab as you see fit.

Exceptions
This is a sample item where you might list service exceptionsfor devices/users/software not covered in your plan. Youmay delete this item without consequence.

Agreement
MSP Agreement
This Fixed-Price Agreement (AGREEMENT) shall define the terms under which Siskiyou Technology Consultants DBA NETWORK ONE (NETWORK ONE) of Yreka, California, shall provide information technology services to (Client) City of Yreka

MONTHLY RECURRING COST
SEE ATTACHEDQUOTE 4267 - Managed Services
ONBOARDING FEE – FIRST MONTH DUE ATSIGNING
SEE ATTACHEDQUOTE 4267 - Managed Services

1. SCOPE
SEE ATTACHEDQUOTE 4267 - Managed Services

2. TERM
NETWORK ONE shall monitor, manage, and support the CLIENT’s network with the above scope starting on 07/01/2023 through 07/01/2026 . Services include remote and onsite support for the IT assets described in attached quote.

3. SERVICES INCLUDE
SEE ATTACHEDQUOTE 4267 - Managed Services
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Agreement
NETWORK ONE shall provide twenty-four hour, seven-day-per-week electronic monitoring of systems covered under the scope of this AGREEMENT, and shall be notified when any of the following occur:
 Major nodes are unreachable or offline
 Critical software components are out of date
 VirusInfections

4. AFTERHOURS SUPPORT
Afterhours support shall be provided for business-critical systems, such as routers, firewalls, and phones.

5. ENHANCEMENTS
The parties agree that all upgrades, including equipment replacement, configuration, setup or installation of new systems not covered under this AGREEMENT shall be performed at a mutually agreed upon price. This service will be billed separately to CLIENT, as part of a change order and will be payable upon terms mutually agreed upon.

In addition to enhancements, the following are outside the scope of this contract and shall be performed at NETWORK ONE’sstandard hourly rates, unless specifically stated under Scope above:
 Non-NETWORK ONE-owned equipment
 Mobile Devices maintenance, support, and troubleshooting  Printer maintenance, including ink replacements
 Misuse of system
 New, server-based application Installation
 Application development
 Application modification
 Personal data recovery
 Cabling
 Software licensing
 Software training
 Software development
 After hours support for non-business-critical systems  Any other systems not mentioned in this AGREEMENT

6. EQUIPMENT RENTAL
NETWORK ONE shall, as the owner of network infrastructure, including firewalls, routers, PBXs, phones, and wireless access points, replace such equipment as necessary to ensure the proper functioning of the network. Under this AGREEMENT, NETWORK ONE shall replace all existing routing hardware with NETWORK ONE-owned network equipment, and shall keep such equipment, which CLIENT shall rent from NETWORK ONE under the terms described in this AGREEMENT, in good working order to ensure proper functioning of the network.

7. CLIENT’S EQUIPMENT
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Agreement
All CLIENT-owned equipment to be used to support, or in conjunction with, NETWORK ONE equipment provided pursuant to this Agreement shall be covered by an active manufacturer’s warranty. If any such CLIENT-owned equipment ceases to be warranted, NETWORK ONE may, upon prior notice to CLIENT, increase the Total Price for its services under this Agreement unless and until such CLIENT-owned equipment is replaced.

8. NETWORK EXTENSIONS
If, pursuant to this Agreement, NETWORK ONE extends fiber, copper, or wireless data services to CLIENT’s premises, NETWORK ONE reserves the right to further extend that data service to other locations outside of CLIENT’s premises, and to continue, access, and maintain the same notwithstanding the subsequent expiration or termination of this Agreement.

9. TAXES AND FEES
CLIENT shall indemnify NETWORK ONE from, be solely responsible for, and promptly pay, any sales, use, business, and property taxes, assessments, or fees imposed by any governmental authority or property owner association as a result of, or arising out of, this Agreement or NETWORK ONE’s performance under it, except that NETWORK ONE shall indemnify CLIENT from, be solely responsible for, and promptly pay any income and employment tax liability imposed upon it.

10. ANALOG/FAX LINES
An additional management fee equal to Fifty Percent (50%) of the cost of third-party analog and fax lines shall be imposed, after prior notice to CLIENT, for any analog phone or fax lines of CLIENT not included in the AGREEMENT.

11. LIMITATIONSON LIABILITY
CLIENT agrees that in the event of a system or equipment failure, NETWORK ONE’sliability to CLIENT for such failure shall not exceed the Monthly Recurring Cost under this Agreement and in no event shall NETWORK ONE be liable to CLIENT for business interruption losses or other consequential damages. CLIENT’s agreement to this limitation on liability is a material factor in NETWORK ONE’s decision to enter into this Agreement for the compensation provided by this Agreement.

12. NON-SOLICITATIONOF EMPLOYEES
CLIENT agrees that without expressed written consent, at all times while CLIENT is employing the services of NETWORK ONE and for twenty-four (24) months after contract period terminates, CLIENT will not, directly or indirectly whether individually or as an officer, director, employee, consultant, partner, stockholder, individual proprietor, joint venture, investor, lender, consultant or any other capacity whatsoever:
solicit, divert hiring, retain (including as a consultant) or encourage to leave the employment or contract period of NETWORK ONE and any employee or contractor of NETWORK ONE, or hire or retain (including as a consultant) any former employee of NETWORK ONE who has left the employment or contract period of NETWORK ONE within twenty-four (24) months prior to such hiring or retention.

13. SERVICE GUARANTEE
To assure that our arrangement remains responsive to your needs, as well as fair to both parties, we will meet throughout the contract period and, if necessary, revise or adjust the scope of the services to be provided and the prices to be charged in light of mutual experience.

14. SERVICE DELIVERY
NETWORK ONE’s goal is to resolve issues as quickly as possible and to guarantee as little disruption to our clients as possible. To that end, Quote #001408 v1 Page: 10 of 11
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Agreement
we guaranteed average response and resolution times for tickets entered during business hours and tickets for business-critical systems after hours are as follows:

Response time 4 hours
Resolution Plan 12 hours
Resolution 48 hours
Response and resolution times for non-business-critical tickets entered after hours shall begin at 8 a m. the next business day.

15. TERMINATION
Either party may terminate this AGREEMENT with cause:

If one party commits a material breach of any provision of this AGREEMENT (the breaching party) and such party fails to cure the same within sixty (60) days after receiving written notice specifying such breach. If such breach cannot reasonably be cured within 60 days, the breaching party may request a longer period of time as may be reasonably necessary to effect such cure by furnishing to the non-breaching party within such 60-day period a feasible plan demonstrating that it is capable of curing the breach and diligently proceeds to implement such plan to completion. Such extension is permitted solely at the express agreement of the non-breaching party.

In the event the other party (a) becomes insolvent, is dissolved or liquidated; (b) files or has filed against it a petition in bankruptcy and, in the case of an involuntary petition, such petition is not dismissed within 30 days; (c) makes a general assignment for the benefit of its creditors; or (d) ceases conducting business in the ordinary course.

Upon any termination of this Agreement, NETWORK ONE:

Will cooperate with CLIENT in effecting an orderly transition; and Shall be paid (and if applicable shall be entitled to recover payment) for all Products and Services rendered through the date of termination) and shall be entitled to any termination costs it incurs as a result of CLIENT’S termination of this Agreement if, and only if, CLIENT’s termination violates the terms of this Agreement.

Quote #001408 v1 Page: 11 of 11
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Professional Services Agreement
(City of Yreka / Network One)
317584.v1
“EXHIBIT C”
WORKERS’ COMPENSATION

INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

DATE: ______________________ __________________________________________ Contractor
By: __________________________________________
Signature
__________________________________________
Title
Attest:

By: __________________________________________
Signature
__________________________________________
Title
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“EXHIBIT D”

CAMPAIGN CONTRIBUTION DISCLOSURE
317584.v1

CAMPAIGNCONTRIBUTIONDISCLOSUREPROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.

Please carefully read the following information to determine if the provisions apply to you. If you determine that the provisions are applicable, the CampaignDisclosure Formmust be completed and returnedtothe Citywithyourapplication.

1. ____________________________________

2. ____________________________________

3. ____________________________________
(b) Date and amount of contribution:

Date Amount $
Date Amount $
(c) Name of City Councilmember or other City official to whom contribution was made:

1. ____________________________________

2. ____________________________________

Printed Name
Signature
Date Phone
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Contents
Findings......................................................................................................................................................... 3 Overview................................................................................................................................................... 3 Internet ................................................................................................................................................. 3 Networking............................................................................................................................................ 3 Servers................................................................................................................................................... 4 Power.................................................................................................................................................... 5 Workstations......................................................................................................................................... 5 Phones................................................................................................................................................... 5 Remote Monitoring and Management; Endpoint Protection .............................................................. 5 Recommendations ....................................................................................................................................... 6 Internet ................................................................................................................................................. 6 Networking............................................................................................................................................ 6 Servers................................................................................................................................................... 6 Power.................................................................................................................................................... 6 Workstations......................................................................................................................................... 6 Phones................................................................................................................................................... 7 Remote Monitoring and Management; Endpoint Protection .............................................................. 7 Inventory and Replacement Schedule – Networking ................................................................................. 8 Inventory and Replacement Schedule – Servers......................................................................................... 9 Inventory and Replacement Schedule – Workstations............................................................................. 10 Inventory and Replacement Schedule – Workstations Police Department.............................................11 Network Map – Current Connections........................................................................................................ 12 Network Map – Proposed Connections..................................................................................................... 13 Budget......................................................................................................................................................... 14 151 of 416
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Findings
Overview
The City of Yreka has IT assets and connectivity at (6) sites throughout the City and a surveillance network that is extended beyond those sites.

Internet
• Primary – Network One Fiber
o City Hall
o Fire Department
o Police Department
o Public Works
o Wastewater Treatment
o Community Center
• Failover (Secondary) – Northland Cable Fiber
o City Hall
o Fire Department
o Police Department
o Public Works
o Wastewater Treatment
• Failover (Tertiary) – Cal-Ore Fiber
o City Hall
o Fire Department
o Police Department
o Public Works
o Wastewater Treatment
Networking
• Local Area Network Connectivity
o Dedicated Dark Fiber connectivity provides direct site connectivity for local resource access and shared internet connectivity
 City Hall
 Fire Department
 Police Department
 Public Works
o Wireless Network Bridges provide direct connectivity to the Dark Fiber network  Wastewater Treatment
 Surveillance Cameras
o No Local Area Network Connectivity; internet access only  Community Center
o Each site connects to end user devices using City owned network switches and wireless access points
o The Police Department hosts a Juniper failover router cluster for all Fiber connections (Network One, Northland, Cal-Ore)
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 New Juniper failover routers have been purchased and will be installed by Network One
o Network One hosts a failover router at their Yreka datacenter for the Failover (Tertiary) fiber connection
o All networking and routing equipment is Enterprise grade o Police Department and City Hall network access is segregated as outlined in the best practice network guidelines for DOJ (Department of Justice), CJIS (Criminal Justice Information Services), and CLETS (California Law Enforcement Telecommunications System)
Servers
• (3) Physical Servers
o Police Department server room hosts the physical server hosts for all City departments and services
 (2) Dell Processing Server
 (1) Dell Storage Area Network (SAN)
o Police Department server assets are segregated from City Hall server assets as outlined in the best practice network guidelines for DOJ (Department of Justice), CJIS (Criminal Justice Information Services), and CLETS (California Law Enforcement Telecommunications System)
• (9) Virtual Servers
o City Hall
 (3) Virtual Servers
• Domain Controller
• File Storage
• App
• Database
o Police Department
 (6) Virtual Servers
• (2) Domain Controller
• File Storage
• App
• Database
• (2) Surveillance NVR
• Data Backup and Disaster Recovery
o Cloud based server backup
 Network One provided appliance based backup
• Backup appliance hosted within a secured datacenter in Ashland, OR for geographical redundancy
• Backup appliance provides secured cloud-based replication of backed images
 Backup of all production servers (Surveillance NVR excluded) twice daily  Premise based backup appliance for installation at the Police Department has been ordered from Network One for premise-based server failover 153 of 416
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Power
• Networking equipment
o Enterprise grade UPS
• Servers
o Dual enterprise grade UPS
Workstations
• City Hall; Public Works; Fire Department; Wastewater Treatment o (51) Business grade workstations
• Police Department
o (22) Business grade workstations
Phones
• Phones are provided by ATT through a State of California contract Remote Monitoring and Management; Endpoint Protection
• Cloud-based hardware health monitoring is provided by Network One • Endpoint protection software is provided by Network One 154 of 416
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Recommendations
Internet
• City Hall
o Add failover router to City Hall
o Add failover internet circuit to City Hall
o Connect virtual failover route between City Hall and Police Department • Maintain all current failover internet circuits
Networking
• Maintain current Dark Fiber connections between sites • Purchase replacement networking equipment based on replacement schedule • Maintain manufacturer warranty and support contracts
• Maintain 48-month replacement cycle
o Routers
o Switches
o Wireless Access Points
o Wireless Network Bridges
Servers
• Purchase replacement City Hall server based on replacement schedule • Install recently purchased Police Department server
• Purchase dedicated ExacqVision NVR appliance
o Dedicated appliance reduces resource usage on current server cluster o Dedicated appliance provides additional surveillance storage o Dedicated appliance provides additional surveillance expandability throughout the City • Maintain manufacturer warranty and support contracts
• Maintain software support contracts for production software • Maintain 48-month replacement cycle
o Processing Servers
o SAN
• Data Backup and Disaster Recovery
o Cloud based server backup
 Install recently purchased Datto BCDR appliance
 Backup of all production servers (Surveillance NVR excluded)  Annual testing of premise based BCDR server image tests Power
• Maintain 48-month replacement cycle
o Battery testing to be performed annually
o Battery replacement to be completed a maximum of (1) one time before replacement of the UPS
Workstations
• Purchase replacement workstations/laptops/tablets based on replacement schedule 155 of 416
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• Maintain manufacturer warranty and support contracts
• Maintain 48-month replacement cycle
o Workstations
o Laptops
o Tablets
Phones
• Evaluate current State contract for price and functionality • Replace current telecom services with a VoIP phone system o VoIP phone system provides expanded functionality, call logging, call recording, reporting, and modern phone features
Remote Monitoring and Management; Endpoint Protection
• Maintain current managed services provided by Network One 156 of 416
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Inventory and Replacement Schedule – Networking
Location Device Type Manufacturer Model Service Tag Purchase Date Warranty Expiration Last Online Age (Years) 2023/24 2024/25 2025/26 2026/27 Comments YPD Router Juniper SRX340 CY2118AF0671 2/14/2017 3/17/2022 6 1 Current YPD Router YPD Router Juniper SRX345-SYS-JB CZ3822AN1645 3/10/2023 1/11/2024 0 1 New YPD RoutersYPD Router Juniper SRX345-SYS-JB CZ3822AN1609 3/10/2023 1/11/2024 0 1 New YPD RoutersYPD Switch Juniper EX3400-48P NY3619241074 9/19/2019 12/2/2029 4 1 CA_YPD_SW1YPD Switch Juniper EX3400-48P NY3619240878 9/19/2019 12/2/2029 4 1 CA_YPD_SW2YPD Switch Cisco C9200L-48P-4X JAE24030TYQ 2/28/2020 3 1 CA_YPD_SW3 YPD Switch Cisco WS-C2960X-48TS-L FOC1918Y4K7 10/31/2022 10/31/2027 1 1 CA_YPD_SW4 YPD Switch Cisco C9200L-48P-4X JAE23370KUJ 2/28/2020 3 1 CA_YPD_SW5 YPD Switch Cisco WS-C2960X-48TS-L FOC1917S6AX 10/31/2022 10/31/2027 1 1 CA_YPD_SW6 City Hall Switch Juniper EX3400-48P NY0218321415 8/28/2018 9/18/2024 5 1 COY-MDF-SW1Yreka Data Center Switch Juniper EX3400-24P NW3619260029 9/19/2019 9/18/2024 4 1Yreka Data Center Switch Cisco Catalyst 2960X-24TS-L FCW1917A4LC 10/31/2022 10/31/2027 1 1 YREKA_CH_SW1 City Yard Switch Cisco Catalyst 2960X-24TS-L FCW1917A4L5 10/31/2022 10/31/2027 1 1 Yreka_Yard_SW1 City Hall Switch Ubiquiti EdgeSwitch POE 16 150W 18E8292DF327 Unknown 1 COY_City_Hall_SW City Yard Switch Ubiquiti EdgeSwitch ToughSwitch 44:D9:E7:51:64:88 Unknown 1 FLEET_TOUCHSWITCH City Hall Switch Juniper EX3400-48P NY0218321415 9/19/2019 9/18/2024 4 1City Hall Switch Ubiquiti EdgeSwitch POE 16 150W 18:E8:29:27:43:83 Unknown 1 COY_Council_Chambers_SW YFD Switch Ubiquiti EdgeSwitch POE 16 150W B4:FB:E4:50 BC:31 Unknown 1 Yreka Fire SW1 City Hall Access Points Ubiquiti UAP-AC-Pro F4:92:BF:60 D6 ED 3/1/2016 3/1/2017 7 1City Hall Access Points Ubiquiti UAP-AC-Pro 78:8A:20:50:F8:C6 3/1/2016 3/1/2017 7 1City Yard Access Points Ubiquiti UAP-AC-Pro 78:8A:20:50:F8 8A 3/1/2016 3/1/2017 7 1City Yard Access Points Ubiquiti UAP-AC-Pro 78:8A:20:D6:A3:7C 9/1/2021 9/1/2022 2 1 Fire Department Access Points Ubiquiti UAP-AC-Pro B4:FB:E4:D6:96 59 8/31/2019 8/31/2020 4 1 YPD Access Points Ubiquiti UAP-AC-Pro FC:EC:DA:B6 88:CD 12/1/2018 12/1/2019 5 1YPD Access Points Ubiquiti UAP-AC-Pro FC:EC:DA:B6:85:9D 12/1/2018 12/1/2019 5 1YPD Access Points Ubiquiti UAP-AC-Pro FC:EC:DA:B6 86:CD 12/1/2018 12/1/2019 5 1YPD Access Points Ubiquiti UAP-AC-Pro FC:EC:DA:31:38:2F 12/1/2018 12/1/2019 5 1YPD Access Points Ubiquiti UAP-AC-Pro FC:EC:DA:B6 EE:9D 12/1/2018 12/1/2019 5 1City Yard (WWTP) Wireless Bridge Ubiquiti GigaBeam 24:5A:4C:44:CC:A8 11/7/2022 11/7/2023 1 1 WWTPCity Yard (WWTP) Wireless Bridge Ubiquiti GigaBeam 24:5A:4C:44:CB:AA 11/7/2022 11/7/2023 1 1 WWTP Networking REPLACEMENT SCHEDULE
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Inventory and Replacement Schedule – Servers
Location Device Type Manufacturer Model Service Tag Purchase Date Warranty Expiration Last Online Age (Years) 2023/24 2024/25 2025/26 2026/27 Comments YPD Server Dell PowerEdge R640 FD2LXM2 2/8/2018 2/8/2023 5 1 YPD Server YPD SAN Dell 2/8/2018 2/8/2023 5 1YPD Server Dell PowerEdge R530 H38GXG2 12/30/2016 12/31/2021 7 1 City Hall Server Servers REPLACEMENT SCHEDULE
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Inventory and Replacement Schedule – Workstations
Location Device Type Manufacturer Model Service Tag Purchase Date Warranty Expiration Last Online Age (Years) 2023/24 2024/25 2025/26 2026/27 ADMIN-PC Workstation Dell Precision T1650 C0DQ7V1 8/3/2012 8/4/2015 4/11/2023 11 1 AVTEC1 Workstation Dell Precision T1700 4XKPV52 8/28/2015 8/29/2018 4/9/2023 8 1 AVTEC2 Workstation Dell Precision T1700 4XKQV52 8/28/2015 8/19/2018 4/9/2023 8 1 BRAY-SURFACE Workstation Microsoft Surface Pro 7 62541302053 4/12/2023 Unknown 1 COY-DEPUTY-PLAN Workstation Microsoft Surface Laptop 2 19348392557 4/6/2023 Unknown 1 COY-EOLLACN Workstation Dell Latitude 3520 65W6DS3 3/15/2023 3/16/2024 4/12/2023 0 1 COY-FD1 Workstation Dell Dell Precision Tower 3420 1RX7HK2 7/14/2017 7/15/2022 4/11/2023 6 1 COY-L-01 Workstation Dell Precision 3561 9YDVSG3 4/3/2022 4/4/2023 4/12/2023 1 1 COY-L-02 Workstation Dell Latitude 3320 D9B5NL3 6/17/2022 6/18/2023 4/3/2023 1 1 COY-L-03 Workstation Dell Latitude 3320 DTB5NL3 6/17/2022 6/18/2023 4/12/2023 1 1 COY-L-04 Workstation Microsoft Surface Pro 8 0F004MG222401J 4/12/2023 Unknown 1 COY-OF1 Workstation Dell OptiPlex 7000 8XZBYS3 10/29/2022 10/30/2025 4/12/2023 1 1 COY-OF10 Workstation Dell Latitude 5410 63TW3D3 4/20/2021 4/22/2024 4/11/2023 2 1COY-OF11 Workstation Microsoft Surface Laptop Go 8431504566 3/18/2023 Unknown 1 COY-OF12 Workstation Dell Precision 3450 Small Form Fact3NMJNF3 7/13/2021 7/14/2024 4/9/2023 2 1 COY-OF14 Workstation Microsoft Surface Laptop Go 1363104666 2/22/2023 Unknown 1COY-OF15 Workstation Dell Latitude 7420 DVNH4J3 11/17/2021 11/18/2024 4/12/2023 2 1 COY-OF16 Workstation Dell OptiPlex 7090 GF4YYL3 1/22/2022 1/23/2025 4/12/2023 1 1 COY-OF17 Workstation Dell OptiPlex 7000 96V30R3 7/22/2022 7/23/2025 4/12/2023 1 1 COY-OF2 Workstation Dell Dell Precision Tower 3420 D65M7M2 11/16/2017 11/16/2022 4/11/2023 6 1 COY-OF3 Workstation Dell Dell Precision Tower 3420 D65L7M2 11/16/2017 11/16/2022 4/11/2023 6 1 COY-OF5 Workstation Dell Dell Precision Tower 3420 C4FNQP2 11/16/2017 11/16/2022 4/12/2023 6 1 COY-OF6 Workstation Dell Dell Precision Tower 3420 C4J3DP2 5/31/2018 6/9/2023 4/4/2023 5 1 COY-OF7 Workstation Dell Precision 3430 Small Form Fact4K6MCV2 2/1/2019 1/31/2024 4/12/2023 4 1 COY-OF8 Workstation Dell Latitude 5410 F3TW3D3 4/20/2021 4/22/2024 4/4/2023 2 1 COY-OF9 Workstation Dell Latitude 5410 2P5X3D3 4/20/2021 4/22/2024 4/11/2023 2 1 COY-SURF-01 Workstation Microsoft Surface Pro 57743282453 3/29/2023 Unknown 1 CYNTHIA-SURFACE Workstation Microsoft Surface Laptop 27105672557 2/27/2023 Unknown 1 DESKTOP-5NB4CQA Workstation Microsoft Precision 3660 Tower BJDB8V3 3/12/2023 3/13/2026 4/11/2023 0 1 DESKTOP-BRLPJ72 Workstation Microsoft Surface Pro X 42025195153 12/7/2022 Unknown 1 DESKTOP-E4L2SC1 Workstation Microsoft Surface Pro 44467392753 4/11/2023 Unknown 1 DESKTOP-I1G23O0 Workstation Microsoft Surface Pro X 34551301153 3/10/2023 Unknown 1 DESKTOP-SAQRH6P Workstation Dell Latitude 7420 89WC4J3 11/10/2021 11/11/2024 4/9/2023 2 1ELAINE Workstation Microsoft Surface Pro 6 51189491553 4/11/2023 Unknown 1 FIRE401 Workstation Microsoft Surface Pro 6 35673490453 3/14/2023 Unknown 1 FLEET-MGR Workstation Dell Precision T1650 GBSZYV1 12/1/2012 12/2/2015 4/12/2023 11 1 FLEET_SERVICE Workstation Microsoft Surface Pro 3 8755350353 1/25/2023 Unknown 1 FRONT-REGISTER Workstation Dell Precision T1700 (Mid 2013) GYVQB42 3/25/2015 3/26/2018 4/11/2023 8 1 INTERN-SURFACE Workstation Microsoft Surface Pro (5th Gen) - 512GB i 3260382953 4/10/2023 Unknown 1 JERRY Workstation Microsoft Surface Pro 6 - 1TB i7 16GB M1 64533790453 4/11/2023 Unknown 1JORGENSEN-SURF Workstation Microsoft Surface Pro (5th Gen) - 256GB i 29449781553 4/5/2023 Unknown 1LYSANDRA Workstation Microsoft Surface Pro 6 - 1TB i7 16GB M1 3919690453 4/2/2023 Unknown 1RENEE-SURFACE Workstation Microsoft Surface Pro 6 - 1TB i7 16GB M 61076155253 4/11/2023 Unknown 1RHETTA-SURFACEP Workstation Microsoft Surface Pro 7 - i7/16/256 M1863425701853 4/12/2023 Unknown 1SURFACE-DEBBIE Workstation Microsoft Surface Pro 4 - 256GB i7 16GB 6337262553 2/22/2023 Unknown 1SURFACE-PRO Workstation Microsoft Surface Pro X 34551301153 4/10/2023 Unknown 1 TABLET-PTU7L38I Workstation Microsoft Surface Pro 7+ - i7/16/256 M1912667922253 4/11/2023 Unknown 1 WWTP Workstation Microsoft Precision T3610 335XL02 4/30/2014 5/1/2017 4/12/2023 9 1 YARD-BREAKROOM Workstation Dell Precision T3600 H61DDZ1 1/9/2014 1/13/2019 4/11/2023 9 1 YARD-FALLCREEK Workstation Dell Precision T1650 GBT0ZV1 12/1/2012 12/2/2015 4/11/2023 11 1 YARD-FLEETADMIN Workstation Dell Precision T3610 334ZL02 4/30/2014 5/1/2017 4/12/2023 9 1 Workstations REPLACEMENT SCHEDULE
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Inventory and Replacement Schedule – Workstations Police Department Location Device Type Manufacturer Model Service Tag Purchase Date Warranty Expiration Last Online Age (Years) 2023/24 2024/25 2025/26 2026/27 YPD-020 Workstation Dell OptiPlex 7060 FBSB1T2 1/31/2019 1/30/2024 4/10/2023 4 1 YPD-021 Workstation Dell OptiPlex 7060 FBXD1T2 1/31/2019 1/30/2024 4/9/2023 4 1 YPD-023 Workstation Dell OptiPlex 7060 FBWG1T2 1/31/2019 1/30/2024 4/9/2023 4 1 YPD-024 Workstation Dell OptiPlex 7060 FBRJ1T2 1/31/2019 1/30/2024 4/10/2023 4 1 YPD-025 Workstation Dell OptiPlex 7060 FBJH1T2 1/31/2019 1/30/2024 4/12/2023 4 1 YPD-026 Workstation Dell OptiPlex 7060 FBKG1T2 1/31/2019 1/30/2024 4/9/2023 4 1 YPD-027 Workstation Dell OptiPlex 7060 FBXG1T2 1/31/2019 1/30/2024 4/9/2023 4 1 YPD-028 Workstation Dell OptiPlex 7060 FBRG1T2 1/31/2019 1/30/2024 4/9/2023 4 1 YPD-030 Workstation Dell Precision T3600 H61CDZ1 1/9/2014 4/9/2023 9 1 YPD-031 Workstation Dell Precision 3440 Small Form Fact6LL4KD3 5/1/2021 5/2/2024 4/12/2023 2 1 YPD-032 Workstation Dell Precision 3440 Small Form Fact6LL5KD3 5/1/2021 5/2/2024 4/4/2023 2 1YPD-033 Workstation Dell Precision 3440 Small Form Fact6LL6KD3 5/1/2021 5/2/2024 4/12/2023 2 1YPD-035 Workstation Dell Precision 3450 Small Form Fact3NMHNF3 7/13/2021 7/14/2024 3/20/2023 2 1 YPD-56UA0GU Workstation Dell Precision 3260 Compact 2K5Z7V3 3/17/2023 3/18/2026 4/11/2023 0 1 YPD-ACO-SURF Workstation Microsoft Surface Pro 7142782053 1/3/2023 Unknown 1 YPD-DET-2 Workstation Dell OptiPlex 5060 J38F9T2 1/12/2019 1/12/2023 4/11/2023 4 1 YPD-LAP-002 Workstation Dell Latitude 3590 G4K2242 4/19/2018 5/19/2019 4/9/2023 5 1 YPD-RECORDS Workstation Dell Dell Precision Tower 3420 1RX6HK2 7/14/2017 7/15/2022 4/9/2023 6 1 YPD-SPARE-01 Workstation Dell Inspiron 3542 CCM0612 7/13/2014 7/14/2015 4/9/2023 9 1 YPD-SPARE-02 Workstation Dell Latitude 7420 DS1D4J3 11/10/2021 11/11/2024 4/9/2023 2 1 YPD-VIEWER-01 Workstation Dell Precision 3630 Tower JVQJPY2 10/2/2019 10/3/2023 4/9/2023 4 1 YPD-VIEWER-02 Workstation Dell Precision 3630 Tower 6WK0DV2 2/13/2019 2/13/2023 4/9/2023 4 1 Workstations - Police Department REPLACEMENT SCHEDULE
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DRAFT
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Budget
City of Yreka
2023/24 2024/25 2025/26 2026/27
Recurring
Circuits City Hall Dark Fiber, Redudent 1Gbps Internet
Police Department Dark Fiber, Redudent 1Gbps InternetPublic Works Dark Fiber, Redudent 1Gbps InternetFire Department Dark Fiber, Redudent 1Gbps InternetCommunity Center Internet Circuit Support IT Support Network One $ 138,174 $ 138,174 $ 138,174 $ 138,174 Production Software Office 365 Licensing 97 Users $ 21,174 $ 21,174 $ 21,174 $ 21,174 BDR Backup Appliance Servers $ 21,754 $ 21,754 $ 21,754 $ 21,754 Backup Office 365 97 Users $ 4,656 $ 4,656 $ 4,656 $ 4,656 Capital Expense
Server Servers Hardware *Direct procurement $ 21,883
Labor $ 6,000
Networking Firewalls/Routing Hardware, Licensing, Warranty $ 3,054 $ 794 $ 794 $ 6,902 Switching 48-port $ 53,214 $ 15,204 $ 15,204Switching 24-port $ 9,339 $ 6,226Switching 16-port $ 1,737Switching 8-port $ 449Switching Warranty, Support $ 41,818 $ 47,792 $ 47,792Wireless Access Point $ 5,050 $ 562Wireless Network Bridge $ 800 Workstations Desktops/Portables Hardware *Direct procurement $ 190,482 $ 39,534 $ 32,346 Desktops/Portables Labor $ 19,875 $ 4,125 $ 3,375
Total IT $ 496,841 $ 243,574 $ 278,565 $ 298,403
**Average Annual IT Budget $ 329,346
Expense Schedule
Name
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To:

From:

Preparedby:

Agenda title:

Meeting date:

Discussion:

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
Yreka City Council
Matthew K. Bray, Director of Public Works
Jesenia Ortiz, Fiscal & Admin Tech
Discussion/Possible Action: Adopt Resolution 2023-40 of the City Council of the City of Yreka Approving Requests Associated with Special Event known as the “Norcal Cross” to be held on March 2.

September 5, 2023
Brett Butler has submitted the attached request to hold the “Norcal Cross” on March 2, 2024 at Greenhorn Park with possible alternate event dates of March 9, March 16, March 23 or March 30.

Fiscal Impact:

Applicant has provided a refundable deposit of $500 to cover clean-up costs and/or any damage to the park facility and will be providing insurance for the event.

Recommendation and Requested Action:

That the Council adopt Resolution 2023-40 of the City Council of the City of Yreka Approving Requests Associated with Special Event known as the “Norcal Cross” to be on March 2, 2024 at Greenhorn Park.
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RESOLUTION NO. 2023-40

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

APPROVING REQUESTS ASSOCIATED WITH SPECIAL EVENT
KNOWN AS THE “NORCAL CROSS” TO BE HELD ON MARCH 2, 2024 WHEREAS, the City, a municipal corporation, is the owner of certain lands within the City of Yreka which are operated by the City as public municipal facilities, and, WHEREAS, the Permittee desires to sponsor the Norcal Cross on Saturday March 2, 2024, with alternate event days of March 9th, 16th, 23rd or 30th at Greenhorn Park, which is City property; and, WHEREAS, the sponsor requests use of portions of Lower and Upper Greenhorn Park for the event; and,
WHEREAS, the following provisions of the Yreka Municipal Code [YMC] may be implicated by this event:

Business License - YMC Section 5.04
Park Regulations - YMC Chapter 9.50
Vehicle controls- YMC Chapter 10.73
Sound Amplifying Devices-YMC Chapter 9.28
Temporary Signs-YMC Section 13.16.020(d)
WHEREAS, pursuant to YMC Section 9.50.120, in order to promote the safety, comfort and convenience of persons using any park or recreation area, the City Council may from time to time by resolution adopt rules and regulations not inconsistent with the provisions of Chapter 9.50 of the Yreka Municipal Code and make the same applicable generally or to a particular park or recreation area or portion thereof. Such rules and regulations may include regulating the speed of vehicles, establishing campsites, parking areas and areas where parking or driving of vehicles is prohibited, areas where certain games or activities are prohibited, and such other rules and regulations as in the opinion of the council are necessary for the safety, comfort and convenience of persons using such park or recreation area; and,
WHEREAS, this event will not include the installation of any structures, and, WHEREAS, there do not appear to be any restraints or use permits required for this activity under the zoning ordinance, as this is not a "use" as contemplated by the zoning law; and, WHEREAS, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) it has been found that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment; and
WHEREAS, the City Council has determined it would be in the best interests of the City to approve and authorize the action outlined in this Resolution on the terms and conditions set forth hereafter.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
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Section 1. The Council hereby finds and determines that the foregoing recitals are true and correct.

Section 2. The Council hereby orders:
a) The Permittee is granted the use of portions of Lower and Upper Greenhorn Park areas, and in particular those areas designated by the Director of Public Works, for the event on March 2, 2024, (or stated alternate date) at Greenhorn Park under the terms and conditions of the Encroachment Agreement to be negotiated between the event sponsor and the Public Works Department.
b) The event sponsor shall clean up the premises used after the event and shall comply which such other and further direction as may be given by the Director of Public Works or his designee in connection with the event, or as provided in the Encroachment Agreement. i. The event sponsor shall maintain a clean atmosphere in the park; ii. A refundable deposit of $500 shall be paid to the City prior to the event to cover clean-up costs and/or any possible damage to the park facility. c) The event sponsor shall provide the City with proof of general liability insurance of not less than $1,000,000 and a separate endorsement naming the City of Yreka as additionally insured specific to the event dates and location, at least one (1) week prior to the event. Event sponsor will be responsible and indemnify, defend and hold harmless the City for acts of the vendors and volunteers within the park.
d) The event sponsor shall pay for any services required by the Public Works Department. At the conclusion of the event, the Public Works Department will deduct the fees from any deposit given or submit an invoice to event sponsor for such services in accordance with the fee schedule of the Use and Encroachment Agreement.
e) The event is subject to the terms and conditions of the Encroachment Agreement regarding the event and the event sponsor shall comply with all other City of Yreka ordinances; and, the event sponsor shall comply with such further conditions and requirements as may be set by the City Manager, Chief of Police, and or the Director of Public Works.

Section 3. The Director of Public Works is authorized to negotiate an encroachment agreement with the Yreka Rotary for the purpose of trail conditioning in preparation for the event.

Section 4: City Manager is hereby delegated the authority to review and approve or deny event sponsor's requests for participation by other City departments to be part of the event (such as a demonstration or for event services other than emergency response), and to fix such terms and conditions upon any approval as the City Manager deems appropriate and in the interests of the City of Yreka.

Section 5. It is further resolved, if any section, subsection, part, clause, sentence or phrase of this Resolution or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Resolution, the application thereof, shall not be affected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional. 170 of 416
Section 6. The City Manager, the Chief of Police, the Director of Public Works and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents, and certificates, and to perform such other acts and deeds, as may be necessary or convenient to affect the purposes of this Resolution and the transactions herein authorized.

Section 7. This resolution shall take effect immediately upon its passage.

Passed and adopted this 5th day of September, 2023 by the following vote:

AYES:

NAYS:

ABSENT:
___________________________
Corey Middleton
Mayor of the City of Yreka
Attest:____________________________
Rhetta Hogan
City Clerk
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USE AND ENCROACHMENT AGREEMENT
This Encroachment Agreement is made and entered into on this 5th day of September 2023 by and between Brett Butler (“Permittee") and the City of Yreka, a municipal corporation, hereinafter referred to as "City".

RECITALS:

Whereas, the City Council of the City of Yreka adopted Resolution 2023-40 (Resolution”) in connection with the event hosted by Permittee as described in that Resolution, which is attached hereto as Exhibit “A” and made a part hereof by this reference; and, Whereas, the Resolution authorizes the City Manager to fix such additional conditions as necessary to implement the Resolution; and,
Whereas, the parties desire to establish the conditions for use and maintenance of the City’s property in connection with the event.

NOW THEREFORE, in consideration of the undertakings set forth hereafter, a Temporary Encroachment Permit (the “Permit”) is hereby granted to Permittee, to allow Permittee to enter onto City property and use the area shown in the attached map, marked Exhibit “A” and incorporated hereat by this reference, consistent with the provisions of the Resolution and subject to the following covenants and conditions:

Said encroachment shall include:
• Lower Greenhorn Park
• Hillside and Lake trails as depicted on Exhibit “B”
• Upper Greenhorn Park Parking Lot
Permittee understands that the public may otherwise enter the park and may make use of the park.

Said encroachment shall occur during the following periods, or as the parties may agree occur otherwise. Said encroachment is permitted on the conditions set forth in the Resolution.

Date(s) Times (from, to) Event Name
March 2, 2024 with
Alternate dates ofMarch 9, 16, 23 or 30
8:00am – 1:00pm Norcal Cross 2024
Permittee may allow food and beverage vendors by giving written approval to City for specific vendors to obtain daily business licenses to sell in a recreation area for this event. All vendors, including non-profit organizations, are required to obtain a City of Yreka Daily Business License for each specific event. Non-profit organization/service groups may be eligible for a “fee waiver”.

Permittee will hold harmless the City for acts of the vendors. 172 of 416

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The Permittee shall provide additional trash receptacles as may be needed for the events and shall remove any chalk or chalk paint as part of the required cleanup.

The Permittee shall repair or replace any damage caused to City property by the activities conducted pursuant to this Permit, at Permittee’s sole expense, within 10 days of notification from the City. This Permit notwithstanding, no encroachment may occur without the prior written consent of the city.

The Permittee shall provide adequate provisions for the protection for the public and ensure minimum interference with pedestrian and traffic at all times during the existence of the encroachment. Warning signs, lights and safety devices and/or other measures required for the public safety shall conform to the requirements of the City.

Neither the City, nor any of its officials, officers, agents, or employees shall be responsible or liable for injury to persons (including the death of person or persons) or damage to any property by reason of the activities conducted pursuant to this Permit. Said liability and responsibility shall be borne solely by the Permittee. Permittee, by accepting this Permit, agrees to protect, defend, indemnify and hold the City, its officials, officers, agents and employees, free and harmless from claims for injuries or damages of any kind whatsoever. Permittee is self-insured and will be primarily liable for Permittee and its employees, agents, contractors, and sub-contractors, and no other insurance effected by City or other insureds will be called on to cover a loss incurred pursuant to the activities of this Permit. Permittee shall hold City, its officials, officers, agents and employees free and harmless from any claims for injuries or damages in connection with any claim for Workers’ Compensation associated with the activities covered by this Permit.

Liability insurance naming the City of Yreka as additionally insured specific to the event dates and location shall be provided by the Permittee to satisfy the conditions set forth in Exhibit “C” shall be provided upon execution of this Agreement and shall specifically cover the period of the event.

Event sponsor will be responsible and hold harmless the City for acts of the vendors.

During the term of the Permit, the Permittee shall comply, and cause attendees of the event to comply, with all other City of Yreka ordinances, with all applicable federal, state, and local laws, statutes, rules, regulations, resolutions, and policies, both now existing and as amended in the future, including but not limited to the Americans with Disabilities Act. Permittee shall notify event participants of all the conditions set forth herein to assure the proper use and maintenance of the Park.

This Permit does not constitute a deed or grant of any easement by the City, and is transferable or assignable only with the prior written permission of the City, and is revocable at any time with or without notice by the City at its sole discretion.

This Permit is binding upon the Permittee’s successors and assigns.

This Permit is immediately revocable upon a violation of the terms of this Use Agreement or the cessation or termination of the Permittee’s operation at the location for which this Permit is issued. 173 of 416

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Permittee, by accepting this Permit, guarantees the prompt removal of any and all structures herein permitted and/or located within the public property subject to this Permit upon notification from the City that this Permit has been revoked.

Permittee understands and agrees, by accepting this Permit, that the City has the right to remove the encroachment at its own expense without compensation to the Permittee if necessary for any City purposes.

This Permit shall not become effective until receipt by the City of a copy of this Permit with properly signed endorsements accepting the same, subject to terms and conditions contained herein.

This Permit is issued with the understanding that any particular action is not to be considered as establishing any precedent: (1) on the question of permitting any certain kind of encroachment to be erected upon City property; or (2) as to the acceptability of any such permits as to any other or future situation. A violation of any of the conditions of this Agreement may result in an immediate termination of this Use Agreement, without prior notice, which shall be solely in City’s discretion.

IN WITNESS WHEREOF, this Agreement is executed on the date first above written.

City of Yreka PERMITTEE: Brett Butler

_________________________ ___________________________________ Jason Ledbetter, City Manager

Attest:
_____________________________
Rhetta Hogan, City Clerk
Exhibit A – Authorizing Resolution
Exhibit B – Letter of Request, Park Reservation Application, and Event Map Exhibit C – Insurance Requirements and Evidence of Coverage 174 of 416

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EXHIBIT A:

Authorizing Resolution
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EXHIBIT B
Park Reservation Application, Letter of Request, and Event Map 176 of 416

Page 6 of 7 ends

Exhibit C:

CITY OF YREKA Insurance Requirements and Evidence of Coverage For Event Sponsors (Use/Rental of City Facilities)
Renter shall procure and maintain for the duration of the rental period insurance against claims for injuries to persons or damages to property which may arise from or in connection with the rental of the facilities and the activities of the renter, his guests, agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering CGL on an “occurrence” basis, including 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.

If the use includes athletic activities, Renter shall provide evidence of that the CGL includes coverage for injuries to athletic participants and should also provide evidence of Participant Accident Insurance.

If the Renter 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 Renter. 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 the rental of the facility, work or operations performed by or on behalf of the Renter 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 Renter’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Renter’s insurance coverage shall be primary insurance 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 the Entity, its officers, officials, employees, or volunteers shall be excess of the Renter’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.

Waiver of Subrogation
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Renter hereby grants to Entity a waiver of any right to subrogation which any insurer of said Renter may acquire against the Entity by virtue of the payment of any loss under such insurance. Renter 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.

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.

Verification of Coverage
Renter 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. All certificates and endorsements are to be received and approved by the Entity at least five days before Renter commences activities.

Liquor Liability
If Renter will be supplying alcoholic beverages, the general liability insurance shall include host liquor liability coverage. If Renter is using a caterer or other vendor to supply alcohol that vendor must have liquor liability coverage. If Renter intends to sell alcohol either the Renter or vendor providing the alcohol for sale must have a valid liquor sales license and liquor liability insurance covering the sale of alcohol.

Homeowners Insurance
In some cases, the Renter’s homeowner’s liability insurance may provide coverage sufficient to meet these requirements. Renter should provide these requirements to his or her agent to confirm and provide verification to the Entity.

Special Events Coverage
Special events coverage is available for an additional fee to provide the liability insurance required by this agreement. Renter can obtain additional information and cost from Entity.

Special Risks or Circumstances
Entity reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.
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S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\09 September 2023\2023-09-05\Disc Golf Tournament\Staff Report Disc Golf RH Edits.docx

CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Matt Bray, Public Works Director
PREPARED: Jesenia Ortiz, Fiscal and Administrative Technician AGENDA TITLE: Discussion/Possible Action: Adopt Resolution 2023-41 Approving Requests Associated with the Special Event Known as the Greenhorn Disc Golf Tournament to be held on the date of Saturday, October 14, 2023, at Upper Greenhorn Reservoir
MEETING DATE: September 5, 2023
Recommendation and Requested Action:

Motion to Adopt Resolution 2023-41 Approving Requests Associated with the Special Event Known as the Greenhorn Disc Golf Tournament to be held on the date of Saturday, October 14, 2023, at Upper Greenhorn Reservoir
Discussion:

Gary Alford and Brian Baker are requesting permission on behalf of Greenhorn Disc Golf Club to hold the Greenhorn Disc Golf Tournament on the date of Saturday, October 14, 2023, at Upper Greenhorn Reservoir from 7:00am to 8:00pm. There will be approximately 75 people attending.

The goal is to create a fun community event. There will be no food or beverage vendors at this event.

Fiscal Impact:

Greenhorn Disc Golf Club will provide a refundable deposit of $500.00 to cover clean-up costs and/or any damage to the park facility. They will also be reserving the Upper Greenhorn Reservoir and paying the associated fee for that. There is no in-kind or incurred cost for the Public Works Department for this event.
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Event Request Letter
Gary Alford and Brian Baker on behalf of The Greenhorn Disc Golf Club are requesting permission to hold a Disc Golf Tournament on October 14, 2023, at Upper Greenhorn Reservoir from 7:00am to 8:00pm. This tournament will include food and beverage vendors as well as disc vendors. We estimate 75 people attending the tournament. This event is new and will be spectator friendly. The hope is that it brings revenue to the city and creates a fun community event.

The Greenhorn Disc Golf Club understands that the following regulations are required by the city and will apply to this Special Event-
• There is a $500.00 deposit for special events required to cover clean-up costs and/or any damages to the park.
• Park Reservation is required for event with a fee of $100.00 with the special request of amplified devices.
• Certificate of liability including liquor coverage is needed (if alcohol is being sold) • Release, Hold Harmless & Agreement not to sue for participation of event will be signed by participants.
• There is a daily license fee for vendors not licensed through the city. • There will be an alcohol permit required to serve alcohol at Greenhorn Reservoir. • ABC License will be provided to the City for the alcohol Vendor or a Catering License through ABC.

The Greenhorn Disc Club will make event notifications as required by Police and Public Works and fulfill any additional requirements made by the City of Yreka for this event. 180 of 416
Greenhorn Disc Golf Club Board Meeting
Meeting Minutes
August 8, 2023
Gary called the meeting to order @ 5:00pm
Members in attendance: Gary (Board President), Daniel (Secretary), Ryan W. (Grounds Keeper), Kevin (Vice President)
Others in attendance: Molly, Katie, Lindsie
Meeting Minutes
Approval of June Meeting Minutes. 4 Ayes 0 Noes
Treasurer’s report:

Savings Balance: $779.00
Checking Balance: $293.26
Income: $0.00 For the month
Bills: $0.00
Board Member/Committee Reports
Vice president (Kevin) Report on League:

League balance $137.50 Ace Pot Currently at $99.00
Pending League Events:
8/3/23 Canceled due to No one to run it
8/10/23 Doubles Night
8/17/23 Handicap League
8/24/23 Singles Round
8/31/23 Doubles Round
Greens Keepers Report (Ryan W.) Maintenance Report:

Clean up day scheduled on 8/21/23 @ 5:00pm with focus on holes 12 thru 18 Proposed adjustment to mando on hole 14. Making it a triple mando and removing dead tree from the middle.

Vote on removing tree: 4 Ayes 0 Noes
Vote on making it a triple mando: 4 Ayes 0 Noes
Presidents Report (Gary):

Old Business: Nothing to report
New Business:

I. Proposed tournament on October 14, 2023. Gary delegated Brian to get paperwork from the city. I.E permits and applications. Brian also suggested having some food 181 of 416
and beverage vendors. The city requires $50.00 per vendor. Gary will reach out to disc venders for players pack discs.

2. Proposed adding a new board member to facilitate meetings

3. Voted on Meeting time and date. Future meetings will be held on the 3rd Tuesday of each month at 5pm @ Greenhorn Park.

Votes 4 Ayes 0 Noes

4. Gary will create a monthly calendar to post monthly events on the bulletin board.

Board members Checkin’s
Daniel:

Suggests purchasing a practice basket
Kevin:

Kevin offered to make the 2024 bag tags for the group. Tee Pad signs for 10 and 16 are done and need to be installed. Also need to think about year end prizes or trophies for the league winner/s or maybe a plaque.

Ryna W.

Ryan reminded the board he still owes sponsorship money and will get it in.

Daniel:

Daniel suggested drink cozies for the tournament
Public Concerns
No public concerns
Next Regular Meeting of the Governing Board will be held on:

September 18, 2023 @5pm at Greenhorn Park
Meeting Adjourned:
8:35pm
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1 RESOLUTION NO. 2023-41

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

APPROVING REQUESTS ASSOCIATED WITH SPECIAL EVENT

OF THE GREENHORN DISC GOLF CLUB KNOWN AS THE

GREENHORN DISC GOLF TOURNAMENT
TO BE HELD ON SATURDAY, OCTOBER 14, 2023
WHEREAS, the city, a municipal corporation, is the owner of certain lands within the City of Yreka which are operated by the City as public municipal facilities, and, WHEREAS, the Greenhorn Disc Club desires to sponsor the Greenhorn Disc Golf Tournament, on the date of Saturday, October 14, 2023, at Upper Greenhorn Reservoir, which is City property; and,
WHEREAS, the sponsor requests use of portions of Lower and Upper Greenhorn Park for the event; and,
WHEREAS, the following provisions of the Yreka Municipal Code [YMC] may be implicated by this event:
 Park Regulations - YMC Chapter 9.50
 Vehicle controls- YMC Chapter 10.73
 Sound Amplifying Devices-YMC Chapter 9.28
 Temporary Signs-YMC Section 13.16.020(d)
WHEREAS, pursuant to YMC Section 9.50.120, in order to promote the safety, comfort and convenience of persons using any park or recreation area, the City Council may from time to time by resolution adopt rules and regulations not inconsistent with the provisions of Chapter 9.50 of the Yreka Municipal Code and make the same applicable generally or to a particular park or recreation area or portion thereof. Such rules and regulations may include regulating the speed of vehicles, establishing campsites, parking areas and areas where parking or driving of vehicles is prohibited, areas where certain games or activities are prohibited, and such other rules and regulations as in the opinion of the council are necessary for the safety, comfort and convenience of persons using such park or recreation area; and,
WHEREAS, this event will not include the installation of any structures; and, WHEREAS, there do not appear to be any restraints or use permits required for this activity under the zoning ordinance, as this is not a "use" as contemplated by the zoning law; and,
WHEREAS, the Chief of Police has been consulted and is available for appropriate determinations and arrangements with the Greenhorn Disc Golf Club of Yreka in connection with this event; and,
WHEREAS, pursuant to Title 14 of the California Code of Regulations, Section 184 of 416
2 1506l(b)(3) it has been found that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment; and WHEREAS, the City Council has determined it would be in the best interests of the City to approve and authorize the action outlined in this Resolution on the terms and conditions set forth hereafter.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The Council hereby finds and determines that the foregoing recitals are true and correct.

Section 2. The Council directs as follows:

The Greenhorn Disc Golf Club, sponsor of the Greenhorn Disc Golf Tournament ("event sponsor") is granted the use of portions of Lower and Upper Greenhorn Park areas, and in particular those areas designated by the Director of Public Works, for the event, on the dates of Saturday, October 14, 2023, under the terms and conditions of the Encroachment Agreement to be negotiated between the event sponsor and the Public Works Department.

Permission is hereby granted for patrons of the event use of Upper Greenhorn Park in the areas designated by the Director of Public Works or his designee which are subject the following conditions:
i. No vehicles are allowed on the lawn areas, not even to temporarily unload or load ii. No barbeques are to be placed on the lawns; absolutely no fires are permitted iv. The event sponsor shall maintain a clean atmosphere in the park v. A refundable deposit of $500 shall be paid to the City prior to the event to cover clean-up costs and/or any possible damage to the park facility.

The event sponsor shall clean up the premises used after the event and shall comply which such other and further direction as may be given by the Director of Public Works or his designee in connection with the event, or as provided in the Encroachment Agreement.

The event sponsor shall provide the City with proof of general liability insurance of not less than $1,000,000 and a separate endorsement naming the City of Yreka as additionally insured specific to the event dates and location, at least 1 week prior to the event. Event sponsor will be responsible and indemnify, defend, and hold harmless the City for acts of the participants and volunteers within the park.

The event sponsor shall pay for any services required by the Public Works Department.

At the conclusion of the event, the Public Works Department will deduct the fees from any deposit given or submit an invoice to event sponsor for such services in accordance with the fee schedule of the Use and Encroachment Agreement. 185 of 416
3 The event is subject to the terms and conditions of the Encroachment Agreement regarding the event and the event sponsor shall comply with all other City of Yreka ordinances; and, the event sponsor shall comply with such further conditions and requirements as may be set by the City Manager, Chief of Police, and or the Director of Public Works.

Section 3. The Director of Public Works is authorized to negotiate an encroachment agreement with the Greenhorn Disc Golf Club for the purpose of trail conditioning in preparation for the event.

Section 4. It is further resolved, if any section, subsection, part, clause, sentence or phrase of this Resolution or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Resolution, the application thereof, shall not be effected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional.

Section 5. The City Manager, the Chief of Police, the Director of Public Works and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents, and certificates, and to perform such other acts and deeds, as may be necessary or convenient to affect the purposes of this Resolution and the transactions herein authorized.

Section 6. This resolution shall take effect immediately upon its passage.

Passed and adopted this 5th day of September 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN: ___________________________
Corey Middleton
Mayor of the City of Yreka
Attest: ____________________________
Rhetta Hogan
City Clerk
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TEMPORARY USE AND ENCROACHMENT AGREEMENT
This Encroachment Agreement is made and entered into on this 5th day of September between Greenhorn Disc Golf Club, hereinafter referred to as "Permittee" and the City of Yreka, a municipal corporation, hereinafter referred to as "City".

RECITALS:

Whereas, the City Council of the City of Yreka has adopted Resolution No. 2023-41 ("Resolution") in connection with an event to be hosted by Permittee as described in that Resolution, which is attached here to as Exhibit "A" and made a part here of by this reference; and Whereas, Permittee is duly organized and existing under the laws of the State of California and is authorized to do business in the State of California, as a service club organization; and Whereas Permittee desires to host an event called the "Greenhorn Disc Golf Tournament", which is a Disc Golf event, and to hold the event on the City property known as Upper Greenhorn Reservoir; (hereafter "Event"); and
Whereas, Permittee has requested the use of Upper Greenhorn Reservoir for the period referenced below for the purpose of hosting this event in the Yreka area and anticipating the attendance of between 50 and 100 persons: and
Whereas, Permittee warrants that this event is officially sanctioned by the Greenhorn Disc Golf Club, who will provide insurance for vendors in the park; and Whereas the parties desire to establish the conditions for use and maintenance of the City's property in connection with the event.

NOW THEREFORE, in consideration of the undertakings set forth hereafter, a Temporary Encroachment Permit (the "Permit") is hereby granted to Permittee, to allow Permittee to enter onto City property and incorporated here at by this reference, subject to the following covenants and conditions:

Said encroachment shall include:

Upper Greenhorn Park, Upper Lawn, and Gazebo
Lower Greenhorn Park and parking lot
Trails on Hills and Sites along the Perimeter of Greenhorn Park Other areas as described by map attached as Exhibit "C".

This encroachment shall be exclusive to Permittee during the period of the use, excepting that the public may otherwise enter the Park and may make use of the park, and no charge shall be collected by Permittee from the public therefore. For public safety, Permittee shall have the authority to limit the general public's use of the Hills and Sites Permittee intends to use for event activities. This authority shall be limited to the times and areas of actual use by Permittee, and to the extent necessary to keep the public safe.

For the purpose of public safety and traffic control, City grants Permittee exclusive control of the Lower Greenhorn Parking lot. (For vehicle parking for patrons; see paragraph 2 xiv). Permittee 187 of 416
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may require any vehicle entering at that point to pay the gate fee established by Permittee for the event, and Permittee may direct that only certain vehicles may park in that area. Permittee shall require parking spaces and clear access to be available continuously during the event for emergency vehicles and handicapped parking. Permittee shall not allow parking outside of striped spaces in the parking lot. Permittee shall assure that no parking is permitted in the area on the north side of Ranch Lane, in the location of the Greenhorn Grange.

The encroachment shall occur during the period of Saturday, October 14, 2023, except as stated in Section i. below, or as the parties may otherwise agree. In consideration for the use described herein, Permittee has deposited $500.00. Said encroachment is permitted on the following further conditions:
i. The Permittee is allowed vehicular access to park trails for the sole purpose of assisting with the removal of trees, logs, and other debris encountered during trail preparation. Access shall be coordinated with the Maintenance Manager in the Public Works Department. No vehicles are allowed on grass areas.
ii. Upon proof of non-profit status, Permittee shall receive a City of Yreka business license for Permittee's sponsoring the event, and the City Council has authorized upon such proof that the licensed activity is exempt from tax.

Lawn Area Restrictions:

No vehicles are allowed on the lawn areas, not even temporarily for unloading or loading purposes.

Tents with stakes are NOT permitted on the lawn areas.

No barbeques are to be placed on the lawns; no fires are permitted.

No vendors are allowed on the lawn areas.

Permittee shall assure that no divots or other removals of lawn or sod occur by Permittee or event participants.

Patrons of the event may bring dogs or cats, so long as the dogs or cats remain leashed or kenneled, and under the immediate control of an adult, and patrons with dogs and cats shall immediately clean up their animal 's droppings.
iii. A traffic plan will be developed by Permittee for approval by the Chief of Police by not later than May 5, 2023, which shall allow Emergency Vehicles access to the Park and shall provide that no vehicles shall park on Greenhorn Road. If any barricades are needed for traffic and pedestrian control or other purposes, Permittee shall provide them.

City gives permission to Permittee and Permittee shall post at Greenhorn Park for one week prior to the event notices to the public of the event and this use, which notices are subject to prior approval by the Director of Public Works, or his designee.

Event activity sites shall be located within the Park as designated by Permittee after consultation with the Director of Public Works or his designee.

On-site spigots for drinking water are available for use by patrons of the event. The locations of the Upper Greenhorn spigots are: (1) at Upper Greenhorn by the bridge, (2) at Upper Greenhorn by the fixed tables; (3) at Upper Greenhorn at the playground. The locations of the Lower Greenhorn spigots are: (1) at parking area adjacent to the lawn/picnic area, (2) at rear of log restroom building.

Permittee shall maintain all City spigots in a clean and sanitary condition during the event. No 188 of 416
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cleaning of dishes or cooking shall occur at these spigots. Additional water shall be supplied by Permittee as needed. No disposal of gray water is permitted in the Park.

No swimming or boats of any type are allowed in the Reservoir as part of this event. Permittee acknowledges that the water in the Reservoir is not potable. iv. Permittee is responsible for clean-up and/or any possible damage to the park facility. The damage deposit made under this Agreement is subject to return to the user only upon approval by the Director of Public Works. In the Director of Public Works' sole discretion, if there is any damage following the use, the Director of Public Works may apply the entire amount of the damage deposit for the damage. If the deposit is insufficient, Permittee shall pay upon demand by City all costs of clean-up and repair of damage.

At least three public parking spaces adjacent to the entrance at Lower Greenhorn Park shall be maintained for general park users. All event patrons, with the exception of officials of the organization and emergency response vehicles, shall be directed by the Permittee to park in designated locations.

Permittee shall maintain the premises in a clean and orderly fashion during the event and shall clean up the premises of the Park and the Parking Lots after the event, including all restroom facilities, and shall comply which such other and further reasonable direction as may be given by the Director of Public Works or his designee in connection with the event, and Permittee shall have a reasonable period of time to comply with said direction.

To maintain orderly and clean premises, Permittee shall contract, either with the City or with a private contractor for the daily collection of trash at the Park during the event, and Permittee shall provide adequate trash containers for the attendance estimated which shall be maintained on the site and picked up upon at the conclusion of the event. Permittee may use a third-party vendor for the purpose of additional on-site trash containment and removal. The trash receptacles shall be of sufficient size to accommodate the trash for the entire period of the event. Permittee shall contract for the removal of all trash from the event site so that the trash is removed by noon on the Sunday immediately after the event, or such other time as the parties agree in writing. Permittee shall use its best efforts to remove any and all equipment and property hired by Permittee for the event, promptly following the end of the event activities. City has no responsibility for the security of such equipment.

On-site restrooms shall remain open during event. Permittee is responsible for maintaining the onsite restrooms in a clean and sanitary condition during the event and stocking depleted supplies as they are used. Additional portable toilets shall be provided by Permittee which shall be installed by not later than 11:00 AM on the Friday immediately prior to the event and shall be maintained to provide service for a minimum of l portable restrooms per l00 persons , which Permittee shall cause to be serviced at least twice during the period of the event and shall Permittee shall cause the prompt removal of the facilities by noon the Sunday immediately after the event or such other time as the parties agree in writing. Permittee shall cause these additional facilities to be placed in convenient areas, not all in one group, to provide suitable access to facilities for event attendees.

Location of said portable toilets must be approved by the Director of Public Works, or his designee.

The parties agree any source of Media to promote the event is usable as long as it done in a professional and tasteful manner and coordinated through Permittee. 189 of 416
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Permittee shall designate a location for First Aid/emergency response vehicle parking and facilities and shall provide that information to the Chief of Police by not later than October 2, 2023. By that same date, Permittee shall designate a person who shall be responsible for security and point of contact for the Chief of Police during the event and shall provide contact information including cell phone numbers.

Permittee shall comply with City of Yreka ordinances and with such further conditions and requirements as may be set by the City Manager or his designee. This provision shall only apply upon actual notice of the conditions and requirements being received by the Permittee, with a reasonable time to comply, unless an emergency or urgent need arises. Permittee shall provide City with the name and cell phone number and other appropriate contact information of the persons designated by Permittee to receive notice under this provision. It is Permittee's responsibility to assure that the designated persons are actually available and on site and can actually be notified in the event of a need for notification; a failure to do so, constitutes waiver of any notice required under this Permit.

Permittee shall repair or replace any damage caused to city property by the activities conducted pursuant to this permit, at permittee's sole expense, within 10 days of notification from the city. If damage is not repaired within this period, the City will complete repairs and deduct the costs from the deposit. If costs exceed the deposit, Permittee will be billed for the actual costs in excess of the deposit and agrees to promptly pay such invoice.

Permittee shall provide adequate provisions for the protection for the public and ensure minimum interference with pedestrian and traffic at all times during the existence of the encroachment.

Warning signs, lights, and safety devices and/or other measures required for the public safety shall conform to the requirements of the City.

The event sponsor shall pay for any services required by Public Works Department. At the conclusion of the event, the Public Works Department will deduct the fees for its services from any deposit given or submit an invoice to event sponsor for such services in accordance with the fee schedule attached hereto and incorporated herein as Exhibit D.

Permittee shall indemnify, defend, and hold harmless the City, its officials, officers, agents, or employees from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, arising from Permittee's activities in connection with this Encroachment Agreement, excepting only those actions, claims, liabilities, obligations, judgments, or damages, arising out of the sole negligence of the City. Permittee's activities are defined to include any vendor participating in the event at permittee 's request and consent. Permittee shall also indemnify, defend, and hold City, its officials, officers, agents, and employees free and harmless from any claims for injuries or damages in connection with any claim for Workers' Compensation associated with the activities of Permittee, volunteers, vendors, or contractors covered by this Permit.

Permittee shall provide the City with proof of general liability insurance of not less than $1,000,000 along with a certificate naming the City of Yreka as additional insured specific to the event dates and location to include coverage for acts of participants, volunteers, vendors, and spectators, to satisfy the conditions set forth in Exhibit "B".

During the term of the Permit, Permittee shall comply with all other City of Yreka ordinances, with all applicable federal, state, and local laws, statutes, rules, regulations, resolutions, and policies, both now existing and as amended in the future, including but not limited to the 190 of 416
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Americans with Disabilities Act. Permittee shall use its best efforts to notify event participants of all the conditions set forth herein to assure the proper use and maintenance of the Park.

This Permit is binding upon Permittee's successors and assigns. This Permit does not constitute a deed or grant of any easement by the City and is transferable or assignable only with the prior written permission of the City and is revocable at any time with or without notice by the City at its sole discretion.

This Permit is immediately revoked upon breach of the terms of this Use Agreement or the cessation or termination of Permittee's operation at the location for which this Permit is issued.

Permittee, by accepting this Permit, guarantees the prompt removal of any and all structures, personal property or equipment permitted and/or located within the public property subject to this Permit upon the end of the use or upon notification from the City that this Permit has been revoked.

This Permit shall not become effective until receipt by the City of a copy of this Permit with properly signed endorsements accepting the same, subject to terms and conditions contained herein.

This Permit is issued with the understanding that any particular action is not to be considered as establishing any precedent:
(1) on the question of permitting any certain kind of encroachment to be erected upon City property; or
(2) as to the acceptability of any such permits for any other or future situation. A violation of any of the conditions set forth in Paragraph 2 may result in an immediate termination of this Use Agreement.

The person signing on behalf of Permittee warrants that he or she or it has the full right and authority to enter into this Agreement on behalf of Permittee.

Delivery of any notices, bill, invoice, or other documents required or permitted under this Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows:

City
City Manager
701 Fourth Street
Yreka, CA 96097
Permittee
Greenhorn Disc Golf Club
Yreka, CA 96097
As well as the conditions contained in Paragraph 2 of this Use Agreement, Permittee warrants and agrees if for any reason: (1) the City terminates this Use Agreement pursuant to the terms hereof, or (2) the Greenhorn Disc Golf Club should remove its endorsement and/or sanction of this event, whether before the event or during the event, the event shall be forthwith 191 of 416
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terminated, and Permittee shall cause Upper Greenhorn Reservoir to be vacated by all attendees of the event within six hours of the removal of such endorsement or sanction and Permittee shall immediately thereupon conform to the conditions set forth in this Agreement.

IN WITNESS WHEREOF, this Agreement is executed on the date first above written.

City of Yreka PERMITTEE: GREENHORN DISC GOLF CLUB
By: By:
____________________________ ___________________________________ Jason Ledbetter, City Manager Gary Alford/Brian Baker
Representing Greenhorn Disc Gold Club
Attest:
_____________________________
Rhetta Hogan, City Clerk
Exhibit A - Resolution 2023-41 approving event and Letter of Request Exhibit B- Special Event Letter of Request
Exhibit C- City of Yreka Insurance Requirements for Use or Rental of City Facilities Exhibit D- Course Maps
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CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager
AGENDA TITLE: California Strategic Growth Council’s Community Resilience Center (CRC) Program Development Grant Application
MEETING DATE: September 5, 2023
Recommendation andRequested Action:

Motion to Adopt Resolution 2023-42 of the City Council of the City of Yreka, State of California, Authorizing the Filing of a Strategic Growth Council, Community Resilience Centers Development Grant Application
The City is seeking a grant award for the development cost of the project that includes design and engineering plans, that could be used on future construction grant resiliency projects. The City has walked through its facilities with our architectural design firm for the City Hall ADA improvements and worked on getting some preliminary design estimates on resiliency center improvements to the City Plaza (City Hall area) and Community Center and Theater campus. It is expected that Development grant request will be approximately $1.0 to $1.2 million.

The City is not required to construct the improvements to its facilities, but upon successful completion of the development grant, would be an eligible applicant for future CRC Implementation (construction) grant awards.

California Governor’s Strategic Growth Council, Community Resilience Center Grant Program
GRANT DISCUSSION: SGC’s CRC program will fund planning, development, construction, and upgrades of neighborhood-level Community Resilience Centers to provide shelter and resources during climate and other emergencies, such as extreme heat events and poor air quality days. The program will also fund ongoing year-round community services and programs, such as food distribution and workforce development training, that build overall community resilience. SGC will prioritize community-serving locations across the state, such as schools, libraries, community centers, health clinics, and places of worship. SGC’s CRC program will fund planning, development, and implementation activities.

GOALS: At its core, the California Strategic Growth Council – Community Resilience Center Development Grant will support the City’s efforts to provide for community: Energy Resilience (solar power and biofuels backup generators, EV charging), Water Resilience, Air Quality and Public Health (A/C air filtration w/ HVAC, emergency heating and cooling centers), Nature Based Solutions and Food Security (commercial kitchen, refrigeration, food distribution, gardens), 193 of 416
S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\09 September 2023\2023-09-05\CRC Draft Grant Proposal and Resolution\Staff Report CRC.docx Emergency Preparedness and Critical Communications, Mobility and Access, Workforce Development, Education, and Training.

OUTCOMES: Anticipated outcomes are bid ready plans for improvements to these community facilities. These centers (built in the late 70’s) have served the community but need upgrades and improvements as a community hub of services in times of prosperity as well as in times of great need. These facilities have been in continuous operations since construction but need upgrades and improvements. The improvements will enhance ADA accessibility, provide alternative power and backup power, upgrade and replace HVAC systems, upgrade critical communications (replacing theater equipment), increase broadband capacity and wireless hubs, build out a media center, provide portable mobile work hubs and charging stations, provide mobile space partitions. Provide for the additional private family/non gender bathrooms, replace fixed seating, replace furniture and fixtures, facility tables to light weight modular seating and tables. Replace community center ceiling to floor conference room dividers to giving expanded opportunities for use. Provide exterior storage areas. Install EV charging stations. Restore exterior landscaping features of seating benches, garden beds and creating calming respite areas. Modernization telecommunications to serve as information hub for wildfire or other hazard and emergency preparedness briefings for the community.

Enabling Grant Legislation: Senate Bill (SB) 155 (Committee on Budget and Fiscal Review, Chapter 258, Statutes of 2021) created SGC’s CRC program with “funding…for the construction or retrofit of facilities to serve as community resilience centers that mitigate the public health impacts of extreme heat and other emergency situations exacerbated by climate change.”4 Enabling statute names specific functions for resilience centers, including: hydration stations, cooling centers, clean air centers, respite centers, and community evacuation and emergency response centers. SB 155 also specifies the following conditions: funding physical infrastructure elements critical to emergency response facilities during climate or other disasters; funding to build long-term resilience; and funding CRCs for integrated delivery of services.

Fiscal Impact:

The City is requesting development funding for design and engineering plans (including allowable indirect costs) to be bid ready to upgrade its Community Center and Theater campus and Civic Center Plaza and able to seek CRC Implementation (construction) Grant Funding in the future. 194 of 416
Resolution Number: 2023-42

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF YREKA, STATE OF CALIFORNIA

AUTHORIZING THE FILING OF A STRATEGIC GROWTH COUNCIL

COMMUNITY RESILIENCE CENTERS DEVELOPMENT GRANT APPLICATION WHEREAS, California Governor’s Office of Planning and Research, the California Strategic Growth Council has initiated a Community Resilience Centers (CRC) Program, that builds upon SGC’s foundation and key community partnerships, in alignment with California Climate Adaptation Strategy, Extreme Heat Action Plan, and other statewide efforts, to build local resilience across California communities; and WHEREAS, CRC Project Development Grants provide funding for pre-development and basic infrastructure activities that (a) advance community-serving facilities’ capability to serve as a future Community Resilience Center and (b) prepare grantees for future CRC funding opportunities for implementation (construction) and other related funding streams; and
WHEREAS, at its core, the California Strategic Growth Council – Community Resilience Center Development Grant will support the City’s efforts to provide for community: Energy Resilience (solar power and biofuels backup generators, EV charging), Water Resilience, Air Quality and Public Health (A/C air filtration w/ HVAC, emergency heating and cooling centers), Nature Based Solutions and Food Security (commercial kitchen, refrigeration, food distribution, gardens), Emergency Preparedness and Critical Communications, Mobility and Access, Workforce Development, Education, and Training.

WHEREAS, The City is requesting grant funds for pre-development (non-construction) activities (architectural design and engineering), long-term operation and maintenance plans for community resilience services at its Community Center – 810 N. Oregon Street, Community Theater 812 N. Oregon Street, and Civic Center Plaza,701 Fourth Street.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yreka:

1. Approved the filing of a development grant application to the Strategic Growth Council Community Resilience Center; and

2. Certifies that said applicant has or will have sufficient fundsto operate and maintain the Civic Plaza, Community Center and Theater as existing facilities; and,

3. Certifies that operating funds for these facilities under the jurisdiction of City Council of the City of Yreka are available.

4. Certifies that said applicant will expend grant funds prior to the end of the projected two-year grant award period.

5. Appoints Jason Ledbetter, City Manager, or a designee, to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project.

The foregoing resolution was approved and adopted the 5th day of September 2023 by the following vote:

AYES:

NOES:

ABSENT: Corey Middleton
Mayor
----CERTIFICATION OF RESOLUTION---- Please note the person attesting cannot be the person(s) appointed in (5.) ATTEST:

I, Rhetta Hogan, City Clerk of the City of Yreka, witness my hand or the seal of the City of Yreka on the 5th day of September, 2023.

Shella Rhetta Hogan
City Clerk Official Seal
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CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager
AGENDA TITLE: Rural and Tribal Assistance Pilot Project Program (DOT-OST-2023- 0097)
MEETING DATE: September 5, 2023
Recommendation andRequested Action:

Motion to Adopt Resolution 2023-43 of the City Council of the City of Yreka, State of California, Authorizing the Filing of a Rural and Tribal Assistance Pilot Program Grant Application for up to $320,000 utilizing 2022 funds, with a chance apply for up to $360,000 for 2023 funds.

The Project
Project is in Yreka, California that would include the resurfacing of Moonlit Oaks, Campus, Ranch, and Extension of Outsen Road project to support economic and commercial development in South Yreka. Road improvements address the lack of ingress and egress for retail establishments on Highway 3, support future housing, the College of the Siskiyous and commercial development (NorCal Products expansion), and expanded retail.

The City has identified these roads and key commercial and industrial arteries, and the lack of secondary access needed with an Outsen connector road, that is causing traffic congestion along Highway 3 to retail establishments (Arby's, Starbucks, Burger King, AutoZone, and Chevron Service station that enter and exit onto Highway 3 across from major retail shopping center (anchor stores Raley's and Walmart). The Outsen road connector is a safety and traffic congestion parallel routes that would support rear entry and drive through pinch points to these establishments.

Anticipated truck and commercial vehicle traffic along with the expansion of the college are pushing the limits of the existing pavement, (including curbs, gutters, sidewalk, drainage, street parking, street lighting). The project has been identified by engineers since the late 1970's are areas needed for development and improvement. The City has historically relied on market factors of economic development, and projects have not fully delivered expectations, lack of adequate artery road, ingress and egress, and preexisting infrastructure have been impediments to housing and economic development. The City has through this program the opportunity to design, and compete for funding to solve this current deficiency, attract student and workforce housing near the College of the Siskiyous Yreka campus, and individuals and families to have walkable access to the many jobs near the proposed improvements sites.

Build America Bureau, U.S. Department of Transportation: Federal CDA# 20.943 The Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law or BIL, created the Rural and Tribal Assistance Pilot Program (the Program) to provide early-stage development assistance for rural and tribal infrastructure projects. The Program will award grants for either the hiring of staff or the procurement of expert firms to provide financial, technical, and legal 204 of 416
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The grants are intended to augment organizational capacity in communities that may not have resources available to evaluate and develop projects that qualify for federal funding and financing programs.

The intent of this Program is to advance transportation infrastructure projects in rural and tribal communities by supporting development-phase activities for projects reasonably expected to be eligible for certain USDOT credit and grant programs. However, there is no requirement for grantees to apply for other funding programs in the future. There is no requirement for cost sharing or matching the grant funds in this Program.

Because this Program provides assistance for development-phase activities, the Bureau anticipates that many projects may be in such early development phases that project costs, funding streams, delivery methods, and even the project descriptions themselves may not be fully formed.

Fiscal Impact:

The City is requesting $320,000 2022 pre-development funding, with an opportunity to apply for $360,000 in 2023 funds, for design and engineering plans (including allowable indirect costs) improvement in South Yreka to include Campus Drive, 4-H Way, Moonlit Oak, and extension of Outsen Road. The City expects to augment the project with $130,000 for design costs relating to utility infrastructure improvements.
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Resolution Number: 2023-43

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF YREKA, STATE OF CALIFORNIA

AUTHORIZING THE FILING OF A GRANT APPLICATION FOR THE
RURAL AND TRIBAL ASSISTANCE PILOT PROJECT PROGRAM (DOT-OST-2023-0097) WHEREAS, The Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law or BIL, created the Rural and Tribal Assistance Pilot Program (the Program) to provide early-stage development assistance for rural and tribal infrastructure projects; and WHEREAS, the intent of this Program is to advance transportation infrastructure projects in rural and tribal communities by supporting development-phase activities for projects reasonably expected to be eligible for certain USDOT credit and grant programs, where there is no requirement for grantees to apply for other funding programs in the future and there is no requirement for cost sharing or matching the grant funds in this Program.

WHEREAS, the City of Yreka is requesting grant funds for up to $320,000 in 2022 allocation, or alternatively $360,000 in 2023 allocation for pre-development (non-construction) activities (design and engineering) for a South Yreka road improvement project that would include the resurfacing of Moonlit Oaks, Campus, Ranch, and extension of Outsen Road;
WHERAS, the City of Yreka has identified these roads and key commercial and industrial arteries, and the lack of secondary access needed with an Outsen connector road.

WHEREAS, the City of Yreka is committed to support economic and commercial development in South Yreka.

Road improvements address the lack of ingress and egress for retail establishments on Highway 3, support future housing, the College of the Siskiyous and commercial development (NorCal Products expansion), and expanded retail.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yreka:

1. The Council hereby finds and determines that the foregoing recitals are true and correct.

2. Approves the filing of a technical assistance grant application to the Department of Transportation, Rural and Tribal Assistance Pilot Project Program for up to $320,000 in 2022 allocation, or alternatively $360,000 in 2023 allocation; and

3. Appoints Jason Ledbetter, City Manager, or a designee, to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project.

The foregoing resolution was approved and adopted the 5th day of September 2023 by the following vote:

AYES:

NOES:

ABSENT: Corey Middleton
Mayor
----CERTIFICATION OF RESOLUTION---- Please note the person attesting cannot be the person(s) appointed in (5.) ATTEST:

I, Rhetta Hogan, City Clerk of the City of Yreka, witness my hand or the seal of the City of Yreka on the 5th day of September, 2023.

Shella Rhetta Hogan
City Clerk
Official Seal
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DRAFT
Rural and Tribal Assistance Pilot Program, OMB# 2105-0584 Rural and Tribal Assistance Pilot Program
Review copy of Online Application
questions
*All fields must be complete.

1. Name and contact information of person for matters involving this application:

First and last name*:

Title*:

Phone*: Email*:

2. Entity name, address, and website:

Organization/Entity Name*:

Address (#, street- no post office box numbers)*:

City*:

State*: Zip Code*:

Website address, if applicable:

3. Employer/Taxpayer Identification Number (EIN/TIN)*:

4. Organization/entity Unique Entity Identifier (UEI) assigned by SAM.gov*:

5. Entity/Organization headquarters is in this congressional district(s)*:

Program/project is in this congressional district(s)*:

Juliana Lucchesi
Community Development Director
CA 96097
Yreka
City of Yreka
701 Fourth Street
530-841-2324 [email protected]
ci.yreka.ca.us
94-6001437
1st Congressional District, Doug LaMalfa
Yreka, CA
NW6EWPZR1516
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DRAFT
Rural and Tribal Assistance Pilot Program, OMB# 2105-0584

10. Is the applicant delinquent on any federal debt*?
Yes
No
If yes, explain:

11. Appropriateness of services requested*: (See the table in Section A of the Notice for examples of advisory services anticipated, and Section E.2.a: Criterion(1) of the Notice) a. Please describe the task(s)/advisory services for which you are seeking program funds and how these services will materially advance your overall project. (no more than 400 words)*
b. Requested funds from this program*:
c. Estimated cost of task proposed*:
d. Describe what project-related development activities are completed - if any.

List N/A if none. Also, list any data or information that has been collected or activities conducted that are necessary to complete the task(s)/advisory services. (no more than 250 words) *
$450,000 includes underground utilities
$350,000
The City is seeking technical assistance for predevelopment costs focused on feasibility, project planning, preliminary engineering and design, public benefits, VFM analysis, cost to sustain (maintenance).

Revenue sources for street funding are limited, and many capital projects are funded through a mixture of federal and state grant awards, along with local match. With the technical assistance, the City will be competitive for both state and federal grant funds, having the project planning for construction and development ready.

N/A. For this specific project none. The City maintains pavement management software that has identified Moonlit Oaks, Campus, 4-H Way and S. Oregon past Greenhorn as near failure.
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DRAFT
Rural and Tribal Assistance Pilot Program, OMB# 2105-0584

12. Viability of grant services requested (See Section E.2.b: Criterion (2) of the Notice) a. Please describe the following: Either 1) your organization's experience procuring advisory services or 2) your organization’s process for timely hiring of staff (i.e. defined job description, recruitment process). State if you have additional funds available to commit to this effort should grant funding provided prove insufficient to complete the proposed task(s). If additional funds will be provided, include the amount and source of the local funding commitment. (no more than 400 words)*
b. Applicants are encouraged to seek bids or quotes, or estimate the amount of dedicated staff time for the services being requested to demonstrate the reasonableness of the requested funding in this application. Have you obtained a bid, quote, or estimate for the services requested in this application?* Yes (to be submitted later if awarded grant)
No (provide statement of how you determined
estimated cost of proposed task)

13. By checking this box and submitting this application, I certify that the statements contained herein are true, complete, and accurate to the best of my knowledge. I also provide the required assurances and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001)* ____________________________________________ __________ Signature (e-signature is sufficient)* Date*
September 5, 2023
City of Yreka is successful in competing and completing planning and capital grants. The City has on call engineering firms, AICP Planners, on-call planners, collaborative staff integrating the public works, finance, planning and community stakeholders. The City is also fiscal resilient and has both transportation funds and general funds that if necessary would be utilized to complete the planning grant development process. The City of Yreka has concurrently managed several million dollars of construction projects and operating grants at the federal and state level. And for the first time the city expects to have an aggregate of over one hundred million in pending and active construction grant funded projects. With that on the horizon, the city is staffing in advance in both the operating areas and administrative areas to successfully complete on time and budget with its contractors and internal work force these dynamic projects that are changing the economy, infrastructure and vitality of Siskiyou County. The City is strategic in the projects its seeks that meet the general plans and overall core operating strategies of the City. The proposed project meets the strategies of economic development, student and workforce housing, and hazard mitigation and fire protection.

More of the City’s financial audits and capital and operating budgets can be found on the City’s website. http://ci.yreka.ca.us/165/Finance.
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Rural and Tribal Assistance Pilot
Program Frequently Asked Questions
Prospective applicants will find answers below to frequently asked questions about the Rural and Tribal Assistance Pilot Program.

This Frequently Asked Questions page will be updated on an ongoing basis with answers and clarifications from the Department.

Program Design and Structure

1. What is the Rural and Tribal Assistance Pilot Program? The Rural and Tribal Assistance Pilot Program is a no-match grant program with the goal of funding early-stage development assistance for rural and tribal infrastructure projects.

2. How many grants will be awarded?
Depending on the amount of funding requested, the Bureau anticipates that it will award between five and 10 grants from each fiscal years’ (FY 2022 and FY 2023) funds to eligible entities.

3. How much funding is available in this Notice of Funding Opportunity (NOFO)?
This NOFO is for two fiscal years of funding: FY 2022 and FY 2023. $1.6 million of FY 2022 funds, and $1.8 million of FY 2023 is available.

4. What are minimum and maximum grant award sizes?
There is no set minimum on the amount of grant funding that can be requested.

The NOFO references $150,000, which is an estimate of the cost of some of the example tasks that could be funded with this grant. The maximum award amount from FY 2022 funds is $320,000 and is $360,000 from FY 2023 funds.

5. Is there a matching funds requirement?
There is no cost sharing or a local funding match required for this program. 211 of 416

6. Can an entity apply for a Rural and Tribal Assistance Pilot Program grant while applying for other USDOT and federal grant funding opportunities? Generally, yes. We encourage applicants to leverage all available grant programs.

Applicants must clearly state in their application that a similar proposal has been submitted for a separate Federal grant program. If an applicant receives multiple sources of funding for the same project, they should clearly delineate which sources fund which components or phases.

7. Will there be another opportunity to apply for this grant? Yes. USDOT anticipates an annual NOFO for grants through the remaining three years of the five-year program authorization. The Build America Bureau anticipates releasing the next Rural and Tribal Assistance Pilot Program NOFO in federal FY 2024 which will be for FY 2024 funds ($2 million).

8. Can I reapply next year if my application is not selected this year? Yes. We encourage interested applicants to reapply, developing and updating applications as appropriate.

9. What is the timing for applications?
The Rural and Tribal Assistance Pilot Program grant application window will open at 2 p.m. EST on August 14, 2023. Applications will be accepted through September 28, 2023, but please note: this program is first-come, first-served.

10. Can I use these funds for construction?
No, construction phase activities are not eligible for this program.

11. Are there any restrictions on funding?
No more than 20 percent of the funds for each fiscal year of the program may go to any one state. This means that for FY 2022, the maximum award amount to any one state, and by extension any one project, is $320,000. The same is true for FY 2023, with a maximum award amount of $360,000.
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Eligible Applicants

1. Who is eligible to apply for a Rural and Tribal Assistance Pilot Program grant?
Eligible applicants include:
a. a unit of local government or political subdivision that is located outside of an urban area that has a population of more than 150,000 residents as determined by the Bureau of the Census. (These instructions show how to use TIGERweb to verify
eligibility, using the project location to determine if location is in an urbanized area. This linked mapping tool can also be used to determine applicant eligibility, and this tutorial provides step-bystep instructions on using the tool); b. a State seeking to advance a project in an area located outside of an urban area with a population of more than 150,000 residents as determined by the Bureau of the Census;
c. a federally recognized Indian Tribe; or
d. the Department of Hawaiian Home Lands.

2. I don’t see my type of organization listed here. Am I eligible to apply for a grant under this program?
Only the entities listed above are eligible to apply to the Program.

Eligible Projects

1. What are eligible projects?
In general, eligible projects include those that are reasonably expected to be eligible for certain DOT funding and financing programs. This eligibility expectation is beneficial to applicants because work completed using funding from this Program may be referenced in applications for other DOT funding and financing programs which, if awarded, may continue to advance infrastructure projects.
• These programs are: TIFIA, RRIF, INFRA, Mega, RAISE, and the National Culvert program.
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2. What if we don't know what the specific project will be? What if the request for funding is for a consulting firm to analyze current conditions and suggest projects?
Applicants will need to have identified a problem that is project and location specific. The solution to that problem does not need to be identified to be considered for funding. What cannot be funded through this program is a larger study, the outcome of which is multiple projects.

3. Can funds be used for multiple projects?
Only one project can be submitted on an application, and the maximum number of applications an applicant can submit is three. If applicants choose to submit multiple applications, they should keep in mind that a single state can only be awarded up to $320,000 of FY 2022 funds and up to $360,000 of FY 2023 funds.

4. If an applicant has an SS4A action plan, could this assistance program could be used to hire technical consultants for an implementation grant? If the implementation grant is for a single project, then yes - provided that the project is one that would reasonably be expected to be eligible for funding from one of the funding programs listed in the answer to Question 1 of this section.

Submitting the Application

1. How can I apply for the program?
Visit the Program webpage for information regarding applying. There is a link to the application questions interested applicants should download/review/answer using a word processing app or software before the online web-based application portal opens at 2pm EST on August 14, 2023. Applications will not be able to be saved in progress, so applicants should be prepared to type and/or cut and paste responses in the webform. Attachments to the application will not be allowed.

2. When is the application deadline?
The application window closes September 28, 2023; however, applicants are advised to submit their applications as soon as possible after the window opens at 2 p.m. EST on August 14, 2023 as funding will be awarded on a first-come, first-served basis.
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3. Will projects be reviewed as they come in, prior to the closing of the application window?
Applications will be reviewed in batches as they are received. The review process is detailed in the NOFO.

4. How will you determine “first-come”?
Submitted applications will be timestamped so the Bureau will know the order that forms were submitted.

5. Who must sign/e-sign the application?
Applicants should obtain approval of the application contents from senior leadership and comply with internal rules of delegation of signature authority.

The signer should be indicated as the individual who has completed the form on the day of submission.

Grant Administration

1. If an eligible entity uses a consultant to help develop their application to this program, is that consultant still eligible to be awarded a contract for engineering services paid under this grant program using the competitive advertisement process?
Refer to CFR 200.319 (b)- Rule on competition.

2. How will funds be distributed to a successful applicant? Will it be done via FMIS? or DELPHI?
USDOT will use DELPHI for reimbursing grant awardees for eligible project-related expenses incurred.

3. Are Tribal Employment Rights Ordinance (TERO) fees eligible costs? TERO fees applied to contracts for professional services performed on eligible projects and tasks are eligible for Federal-aid reimbursement. 215 of 416

DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Rural and Tribal Assistance Pilot Program
Docket Number: DOT-OST-2023-0097
AGENCY: Build America Bureau, U.S. Department of Transportation (USDOT or the Department)
ACTION: Notice of Funding Opportunity (NOFO), Assistance Listing #20.943 SUMMARY: The Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law or BIL, created the Rural and Tribal Assistance Pilot Program (the Program) to provide early-stage development assistance for rural and tribal infrastructure projects. The Program will award grants for either the hiring of staff or the procurement of expert firms to provide financial, technical, and legal assistance; assistance with developmentphase activities; and information regarding innovative financing best practices and case studies. Entities eligible for award include rural local governments or political subdivisions, states, Tribes, and the Department of Hawaiian Home Lands. The Build America Bureau (Bureau) will administer the Program. This Notice of Funding Opportunity (NOFO) makes $3.4 million available for awards under the Program. Assistance will be provided in the form of direct monetary grants for recipients to hire staff or procure advisory assistance.

Procurements for and contracts with grantee-contracted advisors procured for this award must comply with the requirements set forth in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as further described below.

SUPPLEMENTARY INFORMATION: Each section of this notice contains information and instructions relevant to the application process for the Program. All applicants should 216 of 416
read this notice in its entirety so that they have the information they need to submit eligible applications.

Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
The Infrastructure Investment and Jobs Act (Public Law 117-58) is a generational investment in the nation’s transportation system. Section 21205 of Division B of the BIL (Rural and Tribal Infrastructure Advancement) creates a pilot program to provide grants to fund financial, technical, and legal assistance to states and rural and tribal communities. The grants are intended to augment organizational capacity in communities that may not have resources available to evaluate and develop projects that qualify for federal funding and financing programs.

This notice makes available a total of $3.4 million of funding for the first round of the Program, which is composed of funding appropriated for both Fiscal Years 2022 and 2023.

Individual awards are expected to range from $150,000 up to the statutory limit of either 217 of 416
$320,000 for FY 2022 funds or $360,000 for FY 2023 funds.1 There is no local funding match
required to participate in this Program.

The following is a sample list of tasks that would be eligible to be funded through the Program. This list is intended to serve as an example, and is not all-inclusive:

Financial services Technical services Legal services
Revenue forecasting Project planning Statutory and regulatory framework analysis
Economic assessments and
cost-benefit analyses
Feasibility studies Drafting and negotiation of
concession agreements
Value for money analysis
and procurement options
Environmental review and
permitting
Drafting and negotiation of
interagency agreements
Evaluating opportunities for
private financing and
project bundling
Preliminary engineering and
design
Procurement support
Financial feasibility
analysis; funding and
financing options analysis
Funding application
assistance
Evaluation of costs to
sustain the project (such as
operations and maintenance
costs)
Public engagement
Property development and
land use feasibility analysis
Public Benefit Studies
Cost estimation
The intent of this Program is to advance transportation infrastructure projects in rural and tribal communities by supporting development-phase activities for projects reasonably 1 The BIL limits awards to any individual state to 20% of available funds for a single fiscal year. Therefore, the Department may make awards of up to $320,000 with FY 2022 funds and up to $360,000 with FY 2023 funds. See additional information in Section B below regarding the maximum award amount.
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expected to be eligible for certain USDOT credit and grant programs. However, there is no requirement for grantees to apply for other funding programs in the future.

The Department’s Strategic Goals are Safety, Economic Strength and Global Competitiveness, Equity, Climate and Sustainability, Transformation, and Organizational Excellence.2 The Bureau strongly encourages applicants to reflect these values in work funded under this Program and include consideration of the extent to which the proposed project may address the unique challenges rural and tribal communities face relative to these goals. Many projects may later be candidates for USDOT discretionary grants, which place considerable emphasis on these strategic goals. Considering the Strategic Goals early in project development will be very helpful in preparing for future discretionary grant applications.

B. Federal Award Information
This notice makes available a total of $3.4 million of funding for the first two years of the five-year Program (Fiscal Years 2022 and 2023). Individual awards are expected to range from $150,000 up to the program limit of $360,000. Actual amounts awarded will be based on the needs of each grantee and available funding. No more than twenty percent of available funds for a single fiscal year may be awarded for projects in a single state in this round of funding, capping the total award amount within any state – and, therefore, any single grant – at $320,000 for FY 2022 funds and $360,000 for FY 2023 funds. Therefore, grant requests greater than $320,000 will be considered only for FY 2023 funds; they will not be eligible to compete for FY 2022 funds. In order to be considered under the full funding amount available of $3.4 million, the grant request may not exceed $320,000. 2 FY 2022-26 USDOT Strategic Plan: https://www.transportation.gov/dot-strategic-plan 219 of 416
Eligible applications will be reviewed, and grants will be provided, on a first-come, first-served basis as described in Section E. Application reviews will conclude once the full $3.4 million has been awarded. A non-Federal match is not required to participate in this Program.

Under this Program, it is anticipated that there will be a round of funding each fiscal year until FY 2026, with progressively more funding available each year. Each round of funding will be announced in a separate Notice of Funding Opportunity. Information about future funding opportunities will be available on the Bureau’s website:
https://www.transportation.gov/buildamerica/RuralandTribalGrants.

The Department intends to issue grants to enable recipients to: 1) acquire the services of independent financial, technical, and legal advisors,3 or 2) hire staff, in each case to provide development-phase assistance. A table providing examples of services for which recipients can hire staff or procure expert firms using awards under the Program is shown in Section A above.

Participation in this Program does not commit the recipient to apply for federal financial assistance programs in the future, nor does it confer extra consideration if the recipient applies in the future for additional funds for the same project.

Information on how to apply for the Program is found in Section D of this notice.

C. Eligibility Information
Applicants wishing to receive grants through this Program should submit applications to demonstrate:
3 The procurement of, and contract for, advisors procured to provide services funded by this award must meet the requirements set forth in 2 CFR § 200.317-327 and 2 CFR § 200.459, including 2 CFR Part 200 Appendix II. 220 of 416
• They are an eligible applicant under this Program, as described in Section C.1; • The project(s) for which grant funding is being requested are otherwise eligible for funding or financing through the other USDOT programs described in Section C.3; and
• The proposed tasks are appropriate and stated cost(s) are adequate for the project(s) identified.

1. Eligible Applicants
Applicants for the Program must be one of the following:
i. a unit of local government or political subdivision that is located outside of an urbanized area4
with a population of more than 150,000 residents as determined by the Bureau of the Census;
ii. a state seeking to advance a project in an area located outside of an urbanized area with a population of more than 150,000 residents as determined by the Bureau of the Census; iii. a federally recognized Indian Tribe; or
iv. the Department of Hawaiian Home Lands.

2. Cost sharing or Matching
There is no requirement for cost sharing or matching the grant funds in this Program.

3. Eligible Projects
4 Urbanized area listing should be drawn from the 2020 Census results. For 2020 Census results, visit:
https://www.census.gov/programs-surveys/geography/guidance/geo-areas/urban-rural html 221 of 416
Per the Program’s requirements, projects receiving assistance under this Program must be reasonably expected to be eligible for any one or more of the Department’s lending or grant programs described below. Because this Program provides assistance for development-phase activities, we anticipate that many projects may be in such early development phases that project costs, funding streams, delivery methods, and even the project descriptions themselves may not be fully formed. The Bureau will determine whether the project(s) proposed can reasonably be eligible for any of the programs discussed below to meet this funding Program’s requirements.

These applicable programs are TIFIA, RRIF, INFRA, RAISE, Mega, and the National Culvert Removal, Replacement, and Restoration Grant Program. Brief program descriptions, program links, and examples of projects eligible under each of these programs are shown below:

TIFIA Credit Program: http://www.transportation.gov/buildamerica/financing/tifia The Transportation Infrastructure Finance and Innovation Act (TIFIA) Program provides credit assistance to finance up to 49 percent of eligible project costs for qualified projects, including:
• Highway and bridge projects;
• Public transportation projects;
• International bridges and tunnels;
• Intercity passenger bus or rail facilities and vehicles; • Freight rail projects and intermodal freight transfer facilities; • Certain projects located within the boundaries of a port terminal; • Transit-oriented development projects; and
• Airport projects.

Minimum Anticipated Project Costs
• $10 million for transit-oriented development, local, and rural projects; 222 of 416
• $15 million for intelligent transportation system projects; and • $50 million for all other eligible surface transportation projects.

RRIF Credit Program: http://www.transportation.gov/buildamerica/financing/rrif The Railroad Rehabilitation & Improvement Financing (RRIF) Program provides credit assistance to finance development of railroad infrastructure up to 100 percent of eligible project costs, including:
• Intermodal or railroad equipment or facilities;
• Landside port infrastructure for seaports serviced by rail; • Refinancing of outstanding debt incurred for the above eligible projects; • Planning, permitting, and design expenses relating to the above eligible projects; and • Transit-oriented development projects.

Minimum Anticipated Project Costs
• There is no minimum project cost for the RRIF Program.

INFRA Grant Program: www.transportation.gov/grants/infra-grants-program INFRA (known statutorily as the Nationally Significant Freight & Highway Projects Program) awards competitive grants for multimodal freight and highway projects of national or regional significance to improve the safety, efficiency, and reliability of the movement of freight and people in and across rural and urban areas, including:
• Highway freight projects on the National Highway Freight Network (NHFN); • Highway or bridge projects on the National Highway System; • Freight intermodal project or freight rail projects;
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• Freight projects that are within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and are surface transportation infrastructure projects necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility;
• Highway-railway grade crossing or grade separation projects; • Wildlife crossing projects;
• Surface transportation projects within the boundaries or functionally connected to an international border crossing that improves a facility owned by federal/state/local government and increases throughput efficiency; and
• Projects for a marine highway corridor that is functionally connected to the NHFN and is likely to reduce road mobile source emissions.

Minimum Anticipated Project Costs
• Small projects must have a total project cost of at least $6.25 million.

Mega Grant Program: http://www.transporation.gov/grants/mega-grant-program The Mega Program (known statutorily as the National Infrastructure Project Assistance Program) supports large, complex projects that are difficult to fund by other means and likely to generate national or regional economic, mobility, or safety benefits, including:
• Highway or bridge projects on the National Multimodal Freight Network; • Highway or bridge projects on the NHFN;
• Highway or bridge projects on the National Highway System; • Freight intermodal (including public ports) or freight rail projects that provide public benefit;
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• Railway highway grade separation or elimination projects; • Intercity passenger rail projects; and
• Public transportation projects that are eligible for assistance under 49 USC Chapter 53 and are a part of any of the project types described above.

Minimum Anticipated Project Costs
• $100 million.

RAISE Grant Program: www.transportation.gov/RAISEgrants The Rebuilding American Infrastructure with Sustainability and Equity, or RAISE, Discretionary Grant Program awards investments in surface transportation infrastructure that will have a significant local or regional impact. Eligible projects include:
• Capital projects including but not limited to:
o Highway, bridge, or other road projects eligible under title 23, United States Code; o Public transportation projects eligible under chapter 53 of title 49, United States Code; o Passenger and freight rail transportation projects;
o Port infrastructure investments (including inland port infrastructure and land ports of entry);
o Surface transportation components of an airport;
o Intermodal projects;
o A project to replace or rehabilitate a culvert or prevent stormwater runoff for the purpose of improving habitat for aquatic species while advancing the goals of the RAISE program;
o Projects investing in surface transportation facilities that are located on tribal land and for which title or maintenance responsibility is vested in the federal government; and 225 of 416
o Any other surface transportation infrastructure project that the Secretary considers to be necessary to advance the goals of the program.
• Planning projects which include planning, preparation, or design (for exampleenvironmental analysis, feasibility studies, and other pre-construction activities) of eligible surface transportation capital projects.

National Culvert Removal, Replacement, and Restoration Grant Program:
https://www.fhwa.dot.gov/engineering/hydraulics/culverthyd/aquatic/culvertaop.cfm This program awards grants for the replacement, removal, and repair of culverts or weirs that meaningfully improve or restore fish passage for anadromous fish. Anadromous fish migrate upstream for breeding. Eligible project types include:
• Replacement, removal, or repair of culverts that would meaningfully improve or restore fish passage for anadromous fish.
• Replacement, removal, or repair of weirs that would meaningfully improve or restore fish passage for anadromous fish. With respect to weirs, the project may include— • infrastructure to facilitate fish passage around or over the weir; and weir improvements D. Application and Submission Information

1. Address to Request Application Package
Grant application materials, including the web-based application, can be accessed at https://www.transportation.gov/buildamerica/RuralandTribalGrants. Applicants must use the web-based application form to submit their applications. Potential applicants may also request paper copies of materials for review at:

Telephone: (202) 366-4114
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Mail: U.S. Department of Transportation
1200 New Jersey Avenue SE
W84-322
Washington, DC 20590
General information for submitting applications can be found at https://www.transportation.gov/buildamerica/RuralandTribalGrants.

2. Content and Form of Application Submission
i. Proposal Submission
Email, mail, and fax submissions will not be accepted. The web-based application form available at https://www.transportation.gov/buildamerica/RuralandTribalGrants must be submitted electronically for grant funding consideration. Applicants should contact the Bureau in advance of the application deadline if they are experiencing issues submitting their application due to internet connectivity. Failure to submit the information as requested can disqualify the application.

The Rural and Tribal Assistance Pilot Program web-based application form includes guidance and provides a consistent format for applicants to respond to the criteria outlined in this notice. One web-based form must be submitted for each project being proposed under the Program. The maximum number of applications an applicant can submit is three. Unless indicated as optional, the application must include responses to all sections of the application form. The application will be used to determine applicant and project eligibility for the Program and the appropriateness of the proposed tasks and grant amount being requested by the applicant.
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Applicants must fill in all fields unless stated otherwise on the form. Applicants should not place ‘‘N/A’’ in lieu of typing in responses in the field sections- except on questions where “N/A” is stated as an acceptable response. If information is copied into the web-based application form from another source, applicants should verify that the pasted text is fully captured and has not been truncated by the character limits built into the form.

Complete instructions on the application process along with contact information for assistance with application submission and clarification on application questions can be found at https://www.transportation.gov/buildamerica/RuralandTribalGrants. Compliance with all applicable federal laws and regulations must be accounted for. ii. Application Content
The web-based application form will prompt applicants for required information, including, but not limited to, the following:
a) Name of the applicant and type of applicant.
b) Contact information including: Contact name, title, address, phone number, and email address.
c) UEI (Unique Entity Identifier). If the applicant is not yet registered in SAM.gov, the applicant must be registered prior to submitting an application. A UEI will be issued free of charge upon registration. If the applicant is already registered in SAM.gov but has not received a UEI, the applicant can request one in SAM.gov. d) Project Title: Provide a brief, descriptive title of the project;. e.g., “Widening of X Street from Avenue 1 to Avenue 7 in Y Community in Z State.” e) Project Location: Provide a description of the location of the project with enough identifiers that the Application Review Team can locate the project area using publiclyavailable map services. 228 of 416
f) Project Description: Describe the overall project, including project type, features to be constructed, an estimate of the overall project cost, and a project schedule. If applicable, applicants should describe any anticipated overall project benefits such as increasing affordable transportation options, improving safety, connecting Americans to good-paying jobs, fighting climate change, or improving access to resources and quality of life. g) Appropriateness of Requested Services: (1) Describe in detail the task(s) to be completed with this Program funding, stating how these task(s)/services will materially advance the overall project. Include the estimated cost of the task(s) and the amount of Program funding requested. (2) Describe the project-related development activities already completed, and list data or information collected or activities conducted that are necessary for completing the task(s) funded through this Program.
h) Viability of Requested Services: (1) If procuring advisory services, describe relevant experience procuring such services. For both the hiring of staff and procurement of advisory services, note if there will be additional funding committed to the project. Cite the source of the local funding commitment and the amount of local funding. (2) Confirm if a bid, quote, or estimate has been obtained for the proposed task(s).

3. Unique Entity Identifier and System for Award Management (SAM) Each applicant must have completed the registration process on https://sam.gov/content/home to establish its registration and obtain a valid Unique Entity Identifier (UEI) prior to submitting their application.

In addition, each applicant must continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency. The Department may not make a 229 of 416
grant to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements and, if an applicant has not fully complied with the requirements by the time the Department is ready to make a grant, the Department may determine that the applicant is not qualified to receive a grant and use that determination as a basis for making a grant to another applicant.

4. Submission Dates and Timelines
After the application window opens, applications will be reviewed on a rolling (firstcome, first-served) basis until available funding is expended or this notice is superseded by another notice. The application window will open on August 14, 2023, 60 days after publication of this notice. The link to the web-based application form on https://www.transportation.gov/buildamerica/RuralandTribalGrants will open on August 14, 2023 at 2 p.m. ET and will remain open until September 28, 2023 a period of 45 days. As progress of completing the web-based application form cannot be saved and must be completed in a single session, a pdf version of the application form will be available at https://www.transportation.gov/buildamerica/RuralandTribalGrants when this funding announcement is published. Funding may be fully committed before the application open period concludes. The Bureau will hold NOFO information session(s) before the application window opens. Information on these information sessions and other program updates will be available on https://www.transportation.gov/buildamerica/RuralandTribalGrants.

5. Intergovernmental Review
Applications under this NOFO are not subject to the state review under E.O. 12372. 230 of 416

6. Funding Restrictions
Up to $3.4 million of funding is being made available during this round of funding.

Funding for this Program come from funds made available to provide credit assistance under the TIFIA program, but are limited to $1.6m for fiscal year 2022 and $1.8m for fiscal year 2023. No more than 20 percent of available funds may be awarded to projects in a single state in any one fiscal year. This requirement results in a capping of the total award amount within any state – and therefore, any single grant - at $320,000 for awards made from Fiscal Year 2022 funds and $360,000 for awards made from Fiscal Year 2023 funds. Therefore, grant requests greater than $320,000 will be considered only for FY 2023 funds; they will not be eligible to compete for FY 2022 funds. In order to be considered under the full funding amount available of $3.4 million, the grant request may not exceed $320,000. $1.6 million of Program funds ($800,000 from each Fiscal Year) will be set aside for grants to tribal entities. Any of the funds set aside for this purpose that are not allocated within one month of the application close date will be allocated to any type of qualified applicant based on the order in which applications were received.

Expenses incurred prior to signature of the grant agreement are not eligible for reimbursement under this Program unless prior authorization is obtained from the Bureau in writing.

All procurements for, and contracts with, grantee-contracted advisors procured under this award must comply with the requirements set forth in 2 CFR § 200.317-327 and 2 CFR § 200.459, including 2 CFR Part 200 Appendix II.

7. Other Submission Requirements
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To prepare for proposal submission, applicants should begin the process of registering with the System Award for Management (SAM) at https://sam.gov/content/home to obtain a valid Unique Entity Identifier (UEI). All registrations are free of charge. Please note that SAM.gov’s registration process can take multiple weeks to complete.

8. Consideration of Application
The Bureau will perform a compliance check of all received applications to ensure the application is complete and submitted in accordance with the NOFO instructions. Only eligible applicants who comply with all submission instructions described in this notice and submit applications through
https://www.transportation.gov/buildamerica/RuralandTribalGrants will be considered for award.

E. Application Review Information
The application review and selection process is outlined below. After the application window opens, grants will be made on a first-come, first-served basis. Eligible applicants are encouraged to submit applications as early as possible once the application period opens as applications will be reviewed in the order in which they are received.

1. Criteria
Applications deemed complete and eligible will be evaluated based on the two below criteria to determine the likelihood that the requested service(s) will materially advance the project and that the funds requested are likely to be sufficient to complete the task(s) and deliverable(s) identified in the application. Applications that are rated “Meets” in both criteria 232 of 416
below will be recommended to the Under Secretary of Transportation for Policy for funding in the order they are received.
i. Criterion (1): Appropriateness of services requested: The Application Review Team will assess whether and to what extent the proposed tasks will materially advance the overall project identified in the application. The Application Review Team will consider:
• the current state of the project’s development,
• whether the proposed tasks are appropriate for the current state of the project’s development, and
• the likelihood that the requested services will materially advance the project’s development.

The goal of this assessment is to ensure that the proposed tasks are appropriate for the project’s current state of development and will have a material impact on the project’s overall development. The rating categories are outlined in the table below.

Rating Appropriateness
Criterion
Example
Does
Not
Meet
Requested services
are either not
helpful in
advancing the
project(s) or not
appropriate for the
project in its current
state of
development.

The services requested are not necessary or appropriate for the project’s ultimate funding, financing, and delivery;
The project description does not provide information on the overall project’s need or specific challenges it will address; or The services requested would require information or data that is not yet available because other activities, such as cost estimating, design, or market studies would be needed prior to procuring the requested services, and the applicant has not described a reasonable plan to complete those activities before receiving services.

Meets Likely to advance
the project(s)
It is reasonably likely that the services requested will demonstrably advance the project; or
It is probable that the necessary information or data needed for this task is available at this point in the project(s) development. 233 of 416
ii. Criterion (2): Viability of grant funds requested: The Application Review Team will assess whether and to what extent the funding package (made up of funding requested through this Program and local funding commitment, if any) is likely to result in fully funding and completing the specified task(s) while also providing the deliverable(s) necessary to materially advance the project(s). The Team will consider:
• for applicants seeking to procure advisory services: whether the applicant has obtained bids or quotes for the requested services, and the applicant’s experience procuring advisory services in the past,
• for applicants seeking to hire staff for this task: their organization’s hiring process (i.e. do they have a defined job description for this task, process for recruitment), and • the source and amount of funding the applicant intends to commit (if any) as a contribution to the overall cost of the services being proposed. (The addition of local funding will not influence the rating of this criterion).

The goal of this assessment is to ensure that the funding plan, including the funding requested in the application, and the staffs’ experience in procuring advisory services or efficiency in hiring staff are adequate to complete the task(s) proposed and to achieve the deliverable(s) necessary to advance the project.

Rating Viability
Criterion
Example
Does
Not
Meet
It is either unclear
or unlikely that
the funding
package5 is
appropriate for
completing the
task(s) and
deliverable(s)
There is little or no evidence that the applicant has (a) either previous procurement experience or an efficient process for hiring staff, (b) the capacity to estimate the cost for the services identified in the application, or (c) obtained a reasonable estimate or quote for the services identified; or
The funding package, to include any local funding contribution, will not produce a completed task(s) or deliverable(s) identified in the application. 5 The funding package is made up of the funding requested through this Program and the local funding commitment, if any. 234 of 416
identified in the
application.

Meets It is likely that the
funding package5
is appropriate for
completing the
task(s) and
deliverable(s)
identified in the
application.

The applicant has provided evidence sufficient to determine that it is likely that it has the experience or capacity to accurately estimate the services identified in the application; or
The applicant has provided sufficient cost estimates or quotes to conclude that it is likely the funding requested will result in a completed task(s) or deliverable(s) identified in the application.

2. Review and Selection Process
An Application Review Team composed of Department staff will screen applications in the order they are received. This initial review will cover completeness (see Section D for more information), eligibility of the applicant (see Section C.1), and the eligibility of the project(s) being proposed (see Section C.3).

For those applications deemed complete and eligible, the Application Review Team will review them based on criteria shown in Section E.1 above. Applications that receive “Meets” for both scoring criteria will be recommended for award to the Under Secretary of Transportation for Policy, along with the recommended grant amount, which may be less than the requested grant amount. Recommended grant amounts could differ from the requested grant amount due to the availability of grant funding remaining. Among recommended applications, awards will be made on a first-come, first-served basis (implemented based on the day and time the application is received by USDOT) until available funding is exhausted.

If multiple recommended applications are received on the same day, they will be reviewed in the order they were received, as noted by the timestamp given to applications when they are submitted.

3. Integrity and Performance System Reporting
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USDOT, prior to making an award under this Program with a total amount of federal share greater than the simplified acquisition threshold of $250,000, is required to review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently FAPIIS) (see 41 U.S.C. § 2313).

An applicant, at its option, may review information in the designated integrity and performance systems accessible through SAM and comment on any information about itself that a federal awarding agency previously entered and is currently in the designated integrity and performance system accessible through SAM.

USDOT will consider any comments by the applicant, in addition to the other information in the designated integrity and performance system, in making a judgment about the applicant’s integrity, business ethics, and record of performance under federal awards when completing the review of risk posed by applicants as described in 2 CFR § 200.206.

F. Federal Award Administration Information

1. Federal Award Notices
The Bureau will provide applicants that submitted a complete application for a grant under this Program with a notice describing whether the application is approved or disapproved no later than 60 days after the date on which a complete application was received.

Not later than 30 days after the above notification, if the application is disapproved, the Bureau will offer a written or telephonic debrief to provide an explanation of, and guidance regarding, the reasons why the application was not approved.

The Bureau will publish an online report, updated monthly, that includes information on applications received, entity type, location of the potential project, a brief description of 236 of 416
the assistance requested, the date on which the application was received, and the date on which the applicant was provided the notice of approval or disapproval. Applicants to the Program must agree to publication of this information as a condition of applying.

Selected applications will be formalized through the development of a grant agreement between the grantee and the Bureau. Grants are reimbursable, meaning that the recipient will be reimbursed after-the-fact for agreed-upon eligible expenses as set forth in the grant agreement. The recipient may request reimbursement from the Government on a monthly basis for eligible expenses incurred. Expenses incurred prior to signature of the grant agreement are not eligible for reimbursement under this Program, unless prior authorization is obtained from the Bureau in writing.

2. Administration and National Policy Requirements
Performance under this Program will be governed by and in compliance with the following requirements as applicable to the type of organization of the recipient and any applicable sub-recipients.

It is the policy of USDOT to reflect Administration priorities and incorporate criteria related to climate change and sustainability, racial equity including environmental justice, critical infrastructure security and resilience, Title VI and other federal Civil Rights laws, and barriers to opportunity, labor, and workforce in its grant programs, to the extent possible and consistent with law. Considering the Strategic Goals early in project development will be very helpful in preparing for future discretionary grant applications. As such, in developing grant agreements with grantees, the Bureau will work to incorporate these Strategic Goals in project development activities under this Program.
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All awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards found in 2 CFR Part 200, as adopted by USDOT at 2 CFR Part 1201.

In connection with any program or activity conducted with or benefiting from funds awarded under this notice, recipients of funds must comply with all applicable requirements of federal law, including, without limitation, the Constitution of the United States statutory, regulatory, and public policy requirements, including without limitation, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination; the conditions of performance, non-discrimination requirements, and other assurances made applicable to the award of funds in accordance with regulations of the Department of Transportation; and applicable federal financial assistance and contracting principles promulgated by the Office of Management and Budget. In complying with these requirements, recipients must ensure that no concession agreements are denied, or other contracting decisions made on the basis of speech or other activities protected by the First Amendment. If the Bureau determines that a recipient has failed to comply with applicable federal requirements, the Bureau may terminate the award of funds and disallow previously incurred costs, requiring the recipient to reimburse any expended award funds.

As a condition of grant award, grant recipients may be required to participate in an evaluation undertaken by DOT or another agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients, an impact and/or outcomes analysis of all or selected sites within or across grant recipients, or a benefit/cost analysis or assessment of return on investment. DOT may require applicants to collect data elements to aid the evaluation and/or use information available through other reporting. As a part of the evaluation, as a condition of award, grant recipients must agree to:
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(1) make records available to the evaluation contractor or DOT staff; (2) provide access to program records, and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate the access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or DOT staff.

Recipients and subrecipients are also encouraged to incorporate program evaluation including associated data collection activities from the outset of their program design and implementation to meaningfully document and measure their progress towards meeting an agency priority goal(s). Title I of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act), Pub. L. No. 115-435 (2019) urges Federal awarding agencies and Federal assistance recipients and subrecipients to use program evaluation as a critical tool to learn, to improve equitable delivery, and to elevate program service and delivery across the program lifecycle. Evaluation means “an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency.” 5 U.S.C. § 311. Credible program evaluation activities are implemented with relevance and utility, rigor, independence and objectivity, transparency, and ethics (OMB Circular A-11, Part 6 Section 290).

For grant recipients receiving an award, evaluation costs are allowable costs (either as direct or indirect), unless prohibited by statute or regulation, and such costs may include the personnel and equipment needed for data infrastructure and expertise in data analysis, performance, and evaluation. (2 CFR Part 200).

3. Reporting
Accepting an award commits the recipient to participation in reporting and oversight of the project. This section discusses reporting requirements of the Program. 239 of 416
i. Periodic Reporting
Grantees will be required to make regular reports to the Bureau contracting officer and technical representatives. Exact reporting requirements will be articulated in the grant agreement. Monthly progress meetings or calls are expected to be held, during which the Bureau will review project activities, schedule, and progress toward mutually agreed upon performance targets. Written reports are also expected, likely on a quarterly basis.

In addition to regular reporting, each grant recipient Program must submit a grant closeout report as set forth in the grant agreement to ensure accountability and financial transparency in the Program.
ii. Performance Reporting of Advisor Performance
Each applicant selected for grant funding must collect and report to the Bureau information on the status of the services funded with this grant award. The specific performance information and reporting period will be determined on an individual basis and will be reflected in each grant agreement.
iii. Advisor Approval
All procurements and contracts for grantee-contracted advisors procured for this award to must comply with the requirements set forth in 2 CFR § 200.317-327 and 2 CFR § 200.459, including 2 CFR Part 200 Appendix II. Failure to comply with the Part 200 requirements regarding contractors and failure to obtain written approval prior to subcontracting may result in costs being deemed ineligible for reimbursement. iv. Reporting of Matters Related to Recipient Integrity and Performance If the total value of a selected applicant's currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, 240 of 416
then the applicant during that period of time must maintain the currency of information reported to the SAM that is made available in the designated integrity and performance system (currently FAPIIS) about civil, criminal, or administrative proceedings. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. § 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance review required for federal procurement contracts, will be publicly available.

G. Federal Awarding Agency Contacts
For further information concerning this notice, please contact the Bureau via email at [email protected] or call Susan Wilson at 202-366-0765. A TDD is available for individuals who are deaf or hard of hearing at 202-366-3993. In addition, the Bureau will post answers to questions and requests for clarifications on the Bureau's website at https://www.transportation.gov/buildamerica/RuralandTribalGrants. To ensure applicants receive accurate information about eligibility or the Program in general, the applicant is encouraged to contact the Bureau directly, rather than through intermediaries or third parties, with questions. Bureau staff will also conduct briefings on the Program grant selection and award process upon request.

H. Other Information

1. Protection of Confidential Business Information
All information submitted as part of or in support of any application shall use publicly available data or data that can be made public and methodologies that are accepted by industry practice and standards, to the extent possible. 241 of 416

2. Publication/Sharing of Application Information
As noted previously, and required by statute, the Bureau will publish an online monthly report that includes, for each application received, entity type, location of the potential project, a brief description of the assistance requested, the date on which the application was received, and the date on which the applicant was provided the notice of approval or disapproval.

Except for the information properly marked as described in Section H.1, the Bureau may make application information publicly available or share it within USDOT or with other federal agencies if USDOT determines that sharing is relevant to the respective Program's objectives.
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CITY OF YREKA

CITY COUNCIL MEETING

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Yreka City Council will hold a public hearing at 6:30 p.m., Tuesday, September 05, 2023, in the Council Chambers, 701 Fourth Street, Yreka, California, or via Zoom for those who cannot attend in person.

The Zoom link is: https://us02web.zoom.us/j/6194957056 and Meeting ID#: 619-495-7056. The Zoom information is also available on the Yreka City Council agenda published a minimum of 72 hours prior to the meeting, on the following proposed project:

Master Fee Schedule: – The City of Yreka is proposing a Master Fee Schedule update for the 2024 calendar year in conjunction with the Building, Planning, Finance, Public Works, Fire, and City Clerk departments. The fee schedule update will be applied to applications and licensing of various uses, lots, and structures within the city, including static and dynamic projects. The proposed update would bring fees up to date and account for staff time on applications, licenses, and projects.

The proposed action has been determined to meet the guidelines for exemption under Section 15273(a)(1) “Rates, Tolls, Fares, and Charges” of the State California Environmental Quality Act (CEQA) Guidelines. This proposed fee schedule update is a statutory exemption as CEQA does not apply to the establishment, modification, structuring, or restructuring of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of meeting operating expenses, including employee wage rates and fringe benefits.

The public is invited to review and comment on these matters. Detailed information on the abovedescribed is available on the City’s website (https://www.ci.yreka.ca.us/276/Public-ReviewDocuments) for public review. All interested persons are invited to attend the meeting to participate in the public hearing or submit written comments regarding the proposed project on or before 4 p.m. September 5th, 2023, to the following address:

City Clerk, 701 Fourth Street, Yreka, CA 96097.

As comments are part of the official record of the project, please be sure that all comments submitted are legible and include the name of the author or signatory.

For more information regarding the proposed project or the public hearing, please contact Rhetta Hogan, City Clerk at [email protected] or 530-841-2323.

Emily Aldrich
Finance Director
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
Prepared by: Emily Aldrich, Finance Director and Juliana Lucchesi, AICP, Planning Director
Agenda Title: Master Fee Schedule Update
Meeting date: September 5, 2023
Suggested Motion:

Motion to approved CCR 2023-39 A Resolution of the City Council of the City of Yreka Adopting an Updated Comprehensive Fee Schedule and Adopt the Finding that the Project is Statutorily Exempt from CEQA
Summary:

City Staff have prepared a Master Fee Schedule update for the 2023-2024 Fiscal Year. The Master Fee Schedule is a finance planning document that contains all fees associated with applications and licensing of various uses, lots, and structures within the City Limits of the City of Yreka. The Master Fee Schedule should be adopted with the budget to allow the Finance Department to accurately predict potential cost savings for departmental applications and processes.

Background:

The City of Yreka prepares and charges applicants various fees and deposits for discretionary and policy applications. Fees related to discretionary actions are calculated based on the amount of time that it takes to process the application to completion, properly file and record documentation, issue all necessary public hearing materials, and report to various state agencies depending on the action. Some fees are rounded to eliminate cents.

It has become increasingly important for local governments to be able to recover certain operating expenses through the collection of user fees. A user fee, or service fee, is a charge imposed by an agency on individuals and organizations for services that are requested by and rendered for specific benefit of the individual or organization.

User fees in California must conform to the statutory requirements of the California Constitution and the California Code of Regulations, including Government Code Section 66014. By law, local governments can levy fees for the services that it provides when the decision to utilize said services is voluntary, and the fees charged are reasonably related to the cost of providing those services. However, user fees may not exceed the reasonable costs of services for which they are collected unless the excess fees are approved by a two-thirds vote of the electorate. 244 of 416
The City of Yreka imposes user fees for the planning, building, public works, fire, animal control, and city clerk services that it provides, with the majority of these fees last updated in 2022. To avoid significant increases in the future to address staff hourly rate changes and inflation, it is recommended to update the fees on an annual basis to reflect staff hourly rate changes, inflation, and account for efficiencies in permitting to reduce the amount of time to process applications thus reducing the cost of the applications in some circumstances.

Policy Considerations
The utilization of user fees by local governments to finance certain public services that primarily benefit the individual user are common and considered bast practice in the local government industry. User fees apply to those individual and organizations that voluntarily consume services or use public facilities. User fees are favored because they create additional revenues to offset costs and can lead to more efficient utilization of resources.

While state law stipulates that user fees cannot exceed the reasonable cost of providing services, the City of Yreka may seek to recover as much of the direct and indirect costs associated with providing services as is feasible. Further, city policy may dictate which costs should be recovered and to what extent fees should offset the cost of providing services.

Spreading a portion of overhead costs to fees is a common practice among government agencies, assuming the amount and the allocation method are fair and reasonable. Arguably, certain overhead costs are necessary for the support and function of city services provided by the city. Without administrative support and supplies, city staff could not effectively service individuals within the community.

With regulatory changes and change to city staff, the costs associated with the provision of services will vary. Because of these inherent changes, it is important that the city implement a fee schedule that can easily be updated to reflect changes as they occur. This is a critical element of any fee schedule. Flexibility and periodic review will ensure the city is able to maintain fees that are based on the current and reasonable costs of providing services to its customers.

Fee Reductions
Boundary Line Adjustment Fee
A Boundary or Parcel Line Adjustment (BLA or PLA) is a ministerial planning activity where an applicant proposes to combine parcels or adjust the parcel boundaries of multiple parcels. The difference between a BLA and a Subdivision Map is that a BLA must keep the same number of parcels or less than what was originally brought to the Planning Department for review. A Subdivision Map would create new parcels by subdividing the property.

The Planning Department in collaboration with the City Engineer firm (PACE) have updated the BLA review process to become more efficient in reviewing and approving BLA’s. The result is a proposed reduced price of $2445.62 that is a decrease of 48%. 245 of 416
Initial Review
The City Staff will conduct an initial review of all potential applications to identify any issues with a proposed project or property that may lead to additional costs for the developer or property owner as the city processes the application. This initial review includes a pre-application meeting where the applicants and their representative meet directly with City Staff to address project specific questions and review state and local requirements for the specific project. The nonrefundable fee is not charged prior to the pre-application meeting but at the time of submission after the meeting. The non-refundable fee of $1344.42 is broken down in detail in Table 4.

Fees with No Change
The majority of fees associated with administrative costs, such as printing services, and statutory fees remain at the same level as the current schedule. These fees are not typically associated with the expenditure of staff time, but cover the fixed cost of materials to print.

Fee Increases
Sign permits, livestock permits, temporary use permits, and complex encroachment permits have increased between 21% to 26.9% due to the increase in staff hourly rates. There is no change in the time it takes to assess these permits but staff hourly rates have increased due to union and contract negotiations approved by City Council.

Building Permit Fees
The California Building Code requires building permits to follow a valuation and per fixture fee payment process. Building permit fees do not follow the same Government Code as the other City Departments. Building code fees are calculated one of two ways: construction cost index (CCI) or proportional to the cost of building. Most cities rely on CCI to respond reasonably to economic factors such as recession and inflation. Factor the cost of building permits to the cost of building require a specific nexus analysis to justify the costs and have been found to over inflate building permit fees. City Staff recommend and have prepared the proposed fees based on CCI. The CPI for January 2023 is 6.4% which is reflected in the percent change column.

In addition to the building valuation and per unit fees, the Building Department maintains a sheet with adopted median building cost for residential projects. The per square foot median Work Description Staff Member Position Rate* Estimated
Hours Actual Hours Estimated Cost Final Costs
Matt Bray Public Works Director $ 113.64 2 $ 227.28
Jerry Lemos Fire Chief $ 102.12 2 $ 204.24
James McIntyre Building Official $ 85.00 1 $ 85.00
Juliana Lucchesi Planning Director $ 79.47 4 $ 317.88
City Engineer
Review PACE Engineering City Engineer $ 223.00 2 $ 446.00 Finance
Administrative
Services
5% of cost $ 64.02
$ 1,344.42
Table 4. Preliminary Review
Pre-Application
Meeting/Concept
Review
Total Amount Due at Application
Finance Department
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cost of residential construction has not been updated since 2006 at a rate of $97.00 per square foot. This value is used to accurately estimate the total cost of a project for the calculation of the plan check fee. The Planning and Building Departments utilized industry reports and reviewed 2022 building permits for residential to calculate the proposed rate of $300.00 per square foot.
1,2, 3 This rate will be used to estimate the value of the proposed residential project if there are discrepancies in the application valuation.

Dogs License Fees
City Council adopted Resolution CCR-2022-42 that set a five-year rate schedule for dog fees.

The 2024 rate that will be applied for 2024 renewals and new dogs is $37.00 for Altered and $111.00 for Unaltered dogs. There are no proposed changes in this fee schedule to that five-year fee schedule.

Environmental Review:

The proposed action has been determined to meet the guidelines for a statutory exemption pursuant to Section 15273(a)(1) “Rates, Tolls, Fares, and Charges” of the State California Environmental Quality Act (CEQA) Guidelines. The establishment, modification, structuring, and approval of rates or other charges by public agencies are exempt from CEQA under this section. The possible adoption of the proposed master fee schedule would not result in a project that would directly or indirectly impact the environment.

Outside Agency and Public Review:

The city noticed a public hearing regarding the proposed fee schedule pursuant Government Code Section 6062(a). This section requires that a notice be placed in the newspaper and online for a minimum of 10 days ahead of the public hearing. The public hearing notices were also advertised via city listserv to those who have elected to get notifications for all City Council meetings.

City Staff Recommendation
This report identified and assigned costs to existing services. The objective was to adjust the current fee structure to better reflect services provided by staff. As such, staff is recommending 1 How Much Does it Cost to Build a House in California? Home Builder Digest. (2023). Retrieved April 14, 2023, from https://www.homebuilderdigest.com/cost-guide/california-cost-guides/how-much-does-it-cost-to-build-a-housein-california/ 2 Parker, Tommy. How Much Does it Cost to Build a House in California? Houzeo. (March 29, 2023). Retrieved April 14, 2023 from https://www.houzeo.com/blog/how-much-does-it-cost-to-build-a-house-california/ 3 John, Sandy. Sheen, Madeline. The Cost to Build a House in California. (January 27, 2023). Retrieved April 14, 2023 from https://www.homelight.com/blog/buyer-cost-to-build-a-house-incalifornia/#:~:text=On%20average%2C%20building%20a%20custom,square%20foot%2C%20according%20to%20La niado.
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the City Council approve the attached resolution which adopts the presented Comprehensive Fee Schedule and find the adoption exempt from the California Environmental Quality Act. The proposed resolution and proposed fee schedule do not include dog license fees. The dog licensing fee will return at a later date.

Attachments:

1. CCR 2023-39 A Resolution of the City Council of the City of Yreka Adopting an Updated Comprehensive Fee Schedule and Adopt the Finding that the Project is Statutorily Exempt from CEQA

2. Proposed Fee Schedule

3. Development Cost Work Form Example

4. Proposed Building Valuation Sheet
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CITY COUNCIL RESOLUTION NO. 2023-39

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF YREKA ADOPTING AN UPDATED

COMPREHENSIVE FEE SCHEDULE AND ADOPTING

THE FINDING THAT THE PROJECT IS STATUTORILY

EXEMPT FROM CEQA
WHEREAS, the City Council of the City of Yreka (the “City”) is empowered to impose reasonable fees, rates, and charges for municipal services. California Government Code Section 66000 et seq. authorizes public agencies to adopt fees for municipal services, provided such fees do not exceed the cost to the agency for providing the services. Periodically, the City of Yreka City Council reviews its fees, rates, and charges to determine whether the fees and charges are reasonably related to the cost of the regulation, services, or product provided; and to ensure that the City collects all costs reasonably borne by the City or, at a minimum, collects a substantial portion of the actual costs of the services and goods provided by the City; and WHEREAS, in connection with such review, the City Staff have developed a cost analysis of the time and rates associated with reviewing, processing, and implementing various services and goods provided by the City and had a sufficient opportunity to test and study whether the fees accurately reflect the costs reasonably borne by the City in providing City regulations, services, and products. Based upon the analysis in the accompanying staff report and its attachments, which are hereby incorporated by this reference, certain fees and charges no longer cover the actual costs of the foods and services provided by the City; and
WHEREAS, based on the analysis of the current fees, rates, and charges, City Staff is now recommending the fees, charges, and rates associated with general printing services, Planning Department services, Public Works services, Fire Department services, and Building Department services and evaluations be adjusted to ensure that the fees, rates, and charges accurately reflect the costs reasonably borne by the City; and
WHEREAS, the City Council continues to comply with both the letter and the spirit of the California Constitution and intends to limit the growth of taxes and expenses to the City’s General Fund, by shifting, where possible, the burden of special regulatory programs and services and products to applicants and the recipients of the benefits thereof while ensuring that those shifted costs do not exceed the reasonable cost of providing the program, service, or product; and WHEREAS, the City Council desires to establish policy of recovering the full costs reasonably borne of providing special services and programs of a voluntary and limited nature, and regulatory services deemed necessary to protect the public health, safety, and welfare, such that general taxes are not diverted from general services of a broad nature and thereby utilized to subsidize unfairly and inequitably such special services; and
WHEREAS, notice of public hearing has been given pursuant to Government Code Section 6062a, and the required public hearing was held September 5, 2023. 249 of 416
NOW, THEREFORE, BE RESOLVED that the City Council of the City of Yreka hereby finds, resolves, and determines as follows:

Section 1. Adoption and Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated herein.

Section 2. Environmental Exemption. The City Council finds that the adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA”) pursuant to a statutory exemption for “Rates, Tolls, Fares, and Charges” pursuant to Section 15273(a)(1) of the State California Environmental Quality Act (CEQA) Guidelines.

Section 3. Findings.

A. The City Council finds that the fees and charges increased pursuant to this Resolution are set at the estimated costs reasonably borne by the City in providing the regulations, services, and products to which each such fee or charge applies and in no case do they exceed the estimated cost of the service.

B. The City further finds that the City conducted an analysis of its services, the costs reasonably borne by the City in providing its services, the beneficiaries of such services, and the revenues produced by those paying fees and charges for such services.

Moreover, the City Staff have reviewed and studied the current fee schedules and comparisons of other regional cities and made certain recommendations as to the fees identified on Attachment 2 to the accompanying staff report. The Report and the Cost Analysis performed by the City Staff are incorporated by this reference. The review and analysis set forth a mechanism to ensure that fees adopted by the City do not exceed the reasonable estimated cost for providing the services for which the fees are charged.

C. After conducting a duly noticed public hearing on September 5, 2023, and satisfying all applicable provisions of California Government Code Sections 66016 and 66018, the City Council hereby determines that the fees, rates, and charges proposed to be increased should cover the costs reasonably borne or a substantial portion of the actual costs of the services provided by the City and that the certain fees, rates, and charges identified on Attachment 2 to the staff report, satisfy this requirement.

Section 4. Adoption of Fees and Charges. Pursuant to applicable provisions of the California Constitution and the California Government Code, the City Council hereby approves and adopts the adjusted fees and charges for regulations, services, and products set forth in the excerpt attached as Attachment 2 to the Staff Report.

Section 5. Attached as Exhibit “A” to this Resolution is the updated “City of Yreka Fee Schedule” which contains: (1) the proposed building valuation fees, plan check fees, building fees, planning department fees, public works fees, fire department fees, and city clerk fees; and (2) the existing fees that are not proposed to be changed. Any restatement in Exhibit “A” of existing rates and amounts for previously imposed taxes, fees, and charges is for the purpose of administrative convenience and is not intended, and shall not be construed, as the imposition, extension, or increase of any such tax, fee, or charge.
250 of 416
Section 6. Methodology for Calculation and Collection of Fees and Charges. The fees and charges adjusted herein shall continue to be calculated and collected in accordance with the Yreka Municipal Code and otherwise as follows:

A. Each fee and charge adjusted herein is for an identified regulation, service or product; additional fees shall be required for each additional regulation, service or product that is requested or required.

B. Where fees or charges are indicated on a per unit of measurement basis, the fee is for each identified unit or portion thereof within the indicated range of such units.

C. The fees or charges due shall be calculated by the various City department(s), and shall be collected prior to the City’s performance of the services, unless a written agreement is entered into for deferral of such fees, or unless otherwise provided herein.

D. Where a deposit is required for a particular service or project, the applicant shall post and maintain the required deposit prior to the City’s performance.

E. Where contracted personnel (including, without limitation, the City Attorney, Building Official, or outside special services) are utilized, or where requested dedicated contracted personnel are required or provided at an applicant’s request, the actual time spent by that contracted personnel or services, at the rates and on the terms applicable to the services provided, shall be paid by the applicant.

Section 7. Repeal of Conflicting Resolutions. Any and all conflicting provisions of prior Resolutions of the City Council establishing, adjusting, or modifying fees for the services, programs or products set forth in Exhibit “A” are hereby repealed and replaced as of the effective date of the fees set forth in said Exhibit ”A”; provided, however, that such repeal shall not excuse or affect the failure of any person or entity to pay any fee heretofore imposed upon such person or entity.

Section 8. The City Manager, or designee, shall have the authority to interpret the provisions of this Resolution, Attachment 2 of the staff report, and Exhibit “A” for purposes of resolving ambiguities.

Section 9. Effective Date. The fees and charges increased pursuant to this Resolution shall take effect January 1, 2024, following the adoption of this Resolution, pursuant to Government Code Sections 66017(a) and 66019(b).

Section 10. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Resolution or any part hereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this Resolution or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared invalid or unconstitutional.

Introduced and adopted at a regular meeting of the City Council held 5th day of September 2023 by the following vote:
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AYES:

NOES:

ABSENT:

ABSTAIN: __________________________
Corey Middleton, Mayor
APPROVED AS TO FORM Attest:

_________________________ _____________________________ Andrew Jared, City Attorney Shella Rhetta Hogan, City Clerk 252 of 416
Job Number & Title: Date
Applicant
Mailing Address Residential Commercial
Site Address
Description:

Work Description Staff Member Position Rate* Estimated
Hours Actual Hours Estimated Cost Final Costs
Matt Bray Public Works Director $ 113.64 2 $ 227.28
Jerry Lemos Fire Chief $ 102.12 2 $ 204.24
James McIntyre Building Official $ 85.00 1 $ 85.00
Juliana Lucchesi Planning Director $ 79.47 4 $ 317.88
City Engineer Review PACE Engineering City Engineer $ 223.00 2 $ 446.00 Finance
Administrative
Services
5% of cost $ 64.02
$ 1,344.42
Work Description Staff Member Position Rate* Estimated
Hours/Units
Actual
Hours/Units
Estimated
Cost Final Costs
Juliana Lucchesi Planning Director $ 79.47 $ - $ -
Felicia Sims Planning Fiscal Technician $ 42.98 $ - $ - $ 235.00 $ - $ -
Project Record
Keeping/Notary
Rhetta City Clerk $ 96.60 $ - $ -
Precision Civil Engineering Varies
$ - $ -
$ 50.00 $ - $ -
$ 2,354.75 $ - $ -
$ 2,354.75 $ - $ -
$ 3,271.00 $ - $ -
PACE Engineering Varies
Matt Bray Public Works Director $ 113.64 $ - $ -
Ben Miller Public Works Supervisor $ 82.86 $ - $ -
Willow Martindale Code Enforcement Officer $ 50.30 $ - $ - James McIntyre Building Official $ 85.00 $ - $ -
Felicia Sims Planning Fiscal Technician $ 42.98 $ - $ - Juliana Lucchesi Planning Director $ 79.47 $ - $ -
Public Works Work
Order
Fire Department
Review and
Inspection
Jerry Lemos Fire Chief $ 102.12 $ - $ -
$ 0.25 $ - $ -
$ 5.00 $ - $ -
Mailing Services $ 0.85 $ - $ -
Notice
Preparation/Posting $ 225.00 $ - $ -
Finance
Administrative
Services
5% of Cost $ - $ -
10% of estimate $ -
$ -
$ -
$ -
Applicant Signature Date
Printed Name
Deposit
General Printing
Finance Department
Signature implies that customer is aware that they are responsible for the full cost of the project and its execution. Work will not begin until signature is obtained on cost estimate sheet.

Environmental
Review Negative Declaration
Mitigated Negative Declaration
Environmental Impact Report
Department of Fish and Wildlife Fees & County Filing Fees Notice of Exemption
City Attorney
Project Applicaton
Review and
Reporting
Balance Due (Positive Amount due to City, Negative amount due to Applicant) Final Costs
*Rates based current fiscal year.

Plotter/Map Printing Printing Services
See Attached Scope of Work
See Attached Scope of Work
Project Contingency
Public Works Review
and Utilities Siting
Onsite Monitoring
and Code
Compliance
Posting includes legal noticing, public noticing, and physical posting.

See Attached Work Order
City of Yreka Development Work Order Form
Table 4. Preliminary Review
Development Cost Breakdown
Pre-Application
Meeting/Concept
Review
Total Amount Due at Application
253 of 416
Type of Fee or Service Charge Adopted 22-23 Fee Proposed 23-24 Fee Percent Change in Fee Additional Information Last Changed Resolution or Ordinance Legal Authority
General Printing, Black and White (8.5" x 11") $ 0.15 $ 0.15 0% per page side CCR-2022-37 General Printing, Color (8.5" x 11") $ 0.25 $ 0.25 0% per page side CCR-2022-37

8.5"x14" $ 0.28 $ 0.28 0% per page side CCR-2022-37
11"x17" $ 0.45 $ 0.45 0%
per page (not available in
double sided) CCR-2022-37
9" x 12" $ 1.25 $ 1.25 0%
per page (not available in
double sided) CCR-2022-37
12" x 18" $ 1.50 $ 1.50 0%
per page (not available in
double sided) CCR-2022-37
18" x 24" $ 1.80 $ 1.80 0%
per page (not available in
double sided) CCR-2022-37
24" x 36" $ 2.00 $ 2.00 0%
per page (not available in
double sided) CCR-2022-37
Mailing Services $ 0.85 $ 0.85 0% per mailer CCR-2022-37 Address List for Mailing $ 12.00 $ 12.00 0% per request CCR-2022-37 Administrative Parcel Map/Boundary Line
Adjustment - exempt from CEQA $4,661.00 $2,445.62 -48% CCR-2022-37 Major 2 to 4 Parcel Split - Not exempt from CEQA
$2192.00 and Deposit
for Actual Cost
$1344.42 and Deposit
for Actual Cost -40% CCR-2022-37
Subdivision and Condominium Conversions:

Four or Less Lots (TPM)
$2192.00 and Deposit
for Actual Cost
$1344.42 and Deposit
for Actual Cost -40% CCR-2022-37
Five or More Lots (TPM)
$2192.00 and Deposit
for Actual Cost
$1344.42 and Deposit
for Actual Cost -40% CCR-2022-37
Extension $200.00 $200.00 0% CCR-2022-37
Annexation
$2192.00 and Deposit
for Actual Cost
$1344.42 and Deposit
for Actual Cost -40%
(Does not include LAFCO
& State Fees) CCR-2022-37
Conditional Use Permit
$2192.00 and Deposit
for Actual Cost
$1344.42 and Deposit
for Actual Cost -40% CCR-2022-37 Gov. Code §65104
Temporary Use Permit - Administrative Approval $ 778.00 $ 942.55 21% CCR-2022-37 YMC 16.45.050 Site Plan Review
$2192.00 and Deposit
for Actual Cost
$1344.42 and Deposit
for Actual Cost -40% CCR-2022-37
Accessory Dwelling Unit Permit $ - $ - 0%
Ord. No. 853, § 2, 8-16-2018; Ord.

No. 854, § 2, 8-20-2020 YMC 16.46.170
Home Occupation Permit $ 125.00 $ 125.00 0% Stays with the property CCR-2022-37 Sign Permit $ 315.00 $ 383.70 22%
Ord. 775 (part), 2004: Ord. 576
(part), 1982: Ord. 481, 1972: Ord.
427 § 1-22, 1969 Gov. Code §65104
Historic District Sandwich Signboard $ 315.00 $ 383.70 22% CCR-2022-37 YMC 17.04.110 Temporary Sign $ 118.00 $ 142.99 21% CCR-2022-37 Gov. Code §65104 General Plan Text and Map Amendments/Specific Plans
$2192.00 and Deposit
for Actual Cost
$1344.42 and Deposit
for Actual Cost -40% CCR-2022-37 All of Gov. Code §65104 and §65456(b) Rezoning and Zoning Text Amendment
$2192.00 and Deposit
for Actual Cost
$1344.42 and Deposit
for Actual Cost -40% CCR-2022-37 Gov. Code §65104
Variance
$2192.00 and Deposit
for Actual Cost
$1344.42 and Deposit
for Actual Cost -40% CCR-2022-37 Gov. Code §65104
Minor Exterior Alterations (Paint Color Change) $ 145.00 $ 145.00 0% CCR-2022-37 Major Exterior Alterations
$2192.00 and Deposit
for Actual Cost
$1344.42 and Deposit
for Actual Cost -40% CCR-2022-37
Appeals
15% of permit fee or
minimum fee of $500
15% of permit fee or
minimum fee of $500 0% CCR-2022-37 Gov. Code §65104
$1 to $500 $ 3.00 $ 3.19 6.4% CCR-2022-37
$501 to $2,000 $ 3.00 $ 3.19 6.4%
Plus $0.38 for each
additional $100 over the
first $500 CCR-2022-37
$2,001 to $25,000 $ 8.70 $ 9.26 6.4%
Plus $1.79 for each
additional $1000 over
the first $2,000 CCR-2022-37
$25,001 to $50,000 $ 49.80 $ 52.99 6.4%
Plus $1.24 for each
additional $1,000 over
the first $25,000 CCR-2022-37
$50,001 to $100,000 $ 80.90 $ 86.08 6.4%
Plus $0.87 for each
additional $1,000 over
the first $50,000 CCR-2022-37
$100,001 to $500,000 $ 124.60 $ 132.57 6.4%
Plus $0.66 for each
additional $1,000 over
the first $100,000 CCR-2022-37
$500,001 to $1,000,000 $ 387.60 $ 412.41 6.4%
Plus $0.55 for each
additional $1,000 over
the first $500,000 CCR-2022-37
$1,000,001 and above $ 665.00 $ 707.56 6.4%
Plus $0.43 for each
additional $1,000 over
the first $1,000,000 CCR-2022-37
Per Sprinkler Riser or Floor Plus $107.00 $113.85 6.4% Per sprinkler riser CCR-2022-37 Per Sprinkler Head $ 2.10 $2.23 6.4% Per Sprinkler head CCR-2022-37 Fire Sprinkler Retest (After 3rd time & thereafter) $50.00 $53.20 6.4% CCR-2022-37 Hood & Duct Fire Suppression System Plan Review &
Inspection $ 107.00 $113.85 6.4% CCR-2022-37
Review and Inspection of Fire Line $ 74.00 $78.74 6.4% CCR-2022-37 Review and Inspection of Fire Pump $ 74.00 $78.74 6.4% CCR-2022-37 Review and Inspection of Standpipe Systems $ 74.00 $78.74 6.4% CCR-2022-37 Fire Alarm Plan Check Fee $ 107.00 $113.85 6.4% CCR-2022-37 Fire Alarm Field Inspection and Test plus $ 67.00 $71.29 6.4% CCR-2022-37 Plus per device $ 1.20 $1.28 6.4% CCR-2022-37
False Alarm Fee $ 650.00 $691.60 6.4% CCR-2022-37
Appeals
Use Permits/Site Development Permits & Planned Development Plans Fire Department
Sign Permits
Fire & Life Plan Check and Inspection Commercial and Residential Sprinkler Plan Check Fee Total Value
Historic District
All Gov. Code § 66451.2 & §66451.33
Large Scale Copies
Planning Document and Code Applications
All Gov. Code §66451.2
Planning Department
Publication and Documents:

Parcel Maps / Property Line Adjustment
Fire Code Section 113.2 (2016)
Commercial Sprinkler Inspection and Test
Subdivisions

Page 2 of 8 ends

Yreka City CouncilSeptember 5, 2023

Yreka City Council
September 5, 2023