St. James Microshelters

Agenda Regular Meeting Redding City Council Council Chambers (Doors open 30 minutes prior) 777 Cypress Avenue Redding, CA May 17, 2022 6:00 PM The City Council Chambers are fully open to the public in compliance with current guidelines from the California Department of Public Health regarding indoor meetings. 1. CALL TO ORDER - MAYOR KRISTEN SCHREDER A. Pledge of Allegiance B. Invocation - Lynn Fritz, Native American Tradition as a Karuk Tribal Descendant C. Roll Call 2. PRESENTATIONS 2A. Presentation of 2021 Citizen Awards to Michael Knowles (Don D. Davis) and Keith Devine by the Redding Police Department. 3. PUBLIC COMMENT - for non-agendized matters within the city’s jurisdiction. PURSUANT TO THE BROWN ACT, CITY COUNCIL CANNOT TAKE ACTION ON PUBLIC COMMENT ITEMS The City Council will allocate up to a maximum of three minutes per speaker for 30 minutes total, at the beginning of the meeting for Public Comment for non-agendized matters within the City’s jurisdiction. The Mayor will determine the order of the speakers. If 30 minutes is not adequate to accommodate all of the individuals who have submitted a Speaker Request Form to the City Clerk, the Council will trail this item to the end of the open session agenda. The remaining speakers will address the City Council at that time. If anyone wishes to address the City Council on any item considered at this meeting before or during Council’s consideration of that item, please fill out a blue Speaker Request Form, located in the lighted alcoves at the back of the Council Chambers, and submit it to the City Clerk. The City Council will allocate up to a maximum of three minutes per speaker for each agenda item. Staff reports are available on-line at the City’s web site at www.cityofredding.org or in the Public View binder located on the podium at the north side of the Chambers. PLEASE SILENCE YOUR CELL PHONES. THANK YOU. Redding City Council May 17, 2022 Page 2 4. CONSENT CALENDAR The Consent Calendar contains items considered routine and/or which have been individually scrutinized by City Council Members and are anticipated to require no further deliberation. If a member of the public wishes to address an item on the Consent Calendar, please fill out a Speaker Request Form and submit it to the City Clerk before the Consent Calendar is considered. It shall be the prerogative of any Council Member, before the Consent Calendar is acted upon, to: (1) comment on an item; (2) respond to any public comment on an item; (3) request the record reflect an abstention or nay vote on an item; or (4) remove an item and place it on the Regular portion of the agenda for delivery of a staff report and/or an extended discussion or deliberation. 4(b). Accept City of Redding Accounts Payable Register No. 20; and Payroll Register No. 22. 4.1(a). Approve and ratify the submission of an application for U.S. Congressman Doug LaMalfa Fiscal Year 2023 Community Project Funding in the amount of $1,000,000 to update the Montgomery Watson Floodplain Study for the City of Redding Public Works Department. 4.1(b). Adopt Resolution authorizing the submittal of a grant application by the City of Redding Water Utility to the United States Department of the Interior Bureau of Water Reclamation WaterSMART Drought Response Program: Fiscal Year 2023 Project Funding in the amount of $3,600,000 for the placement of an additional groundwater well, Well No. 24. 4.5(a). Authorize the following modifications relative to previously awarded Bid Schedule No. 5237, Three-Phase, Pad-Type Distribution Transformers to WEG Transformers USA (WEG): (1) Accept a proposed change in contract pricing terms by following WEG’s price adjustment policy for long term customers, which incorporates new bi-monthly-end price adjustments for orders when it is shipped which replaces the previous practice of adjustments in direct proportion to a Producer Price Index in place at the time the order is placed; (2) Ratify the amendment of purchase orders previously issued to WEG totaling $567,858.73 to the increased amount of $617,814.70; (3) Authorize the Purchasing Officer to extend the bid award annually with WEG through November 30, 2026, if mutually agreeable, with all terms and conditions remaining the same, and price adjustments per WEG’s price adjustment policy for long term customers; and (4) Authorize the City Manager to approve changes to future pricing terms and policies as needed due to inflation and unstable economic conditions. 4.5(b). Authorize the City Manager, or designee, to execute the Fifth Amendment (Change Order No. 3) to the Professional Services Agreement (C-6277) with Itron, Inc.; and authorize the City Manager, or designee, to execute future Change Orders to the Professional Services Agreement (C-6277) with Itron, Inc. Redding City Council May 17, 2022 Page 3 4.6(a). Approve the Fourth Amendment to the Consulting and Professional Services Agreement with North State Security, Inc., (C-7766) authorizing the following: (1) Security services at various City of Redding-owned locations and City of Redding parks, including seven new facilities, and extension of the contract expiration date to July 31, 2023; (2) Including an average rate increase of five percent for existing locations and an overall contract increase of 34 percent for Fiscal Year 2022-23; and (3) Authorize the City Manager, or designee, to execute the amendment. 4.9(a). Approve and authorize the Chief of Police to execute the Third Amendment to Exclusive Agreement with Redflex Traffic Systems, Inc. (C-4649), extending the term for an additional five years ending June 1, 2027, to provide red light camera enforcement at selected intersections in a continued effort to reduce traffic collisions and increase public safety. 4.11(a). Authorize the following actions relative to Bid Schedule No. 5180 (Job No. 2477), Eastside Road over Olney Creek Bridge Project (Project): (1) Reject the apparent low bid by Stewart Engineering Inc. (SEI) as nonresponsive and award the project to the second low bidder Abacus Construction, Inc., in the amount of $3,703,683.84; (2) Approve an additional $567,000 to cover the cost of contract administration and inspection fees and $645,000 for project development costs; (3) Approve $370,000 to provide construction contingency funding; (4) Authorize the City Manager to approve additional increases, in either the construction management or construction contingency amounts, up to a total of $15,000; and (5) Adopt Resolution approving and adopting the 42nd Amendment to City Budget Resolution No. 2021-078 appropriating $2,056,690 in federal grant funds and $1,380,390 in Transportation Impact Fee funds for the Project. 4.11(b). Adopt Resolution accepting the List of Projects for Fiscal Year 2022-23 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017, for the Public Works Department. 4.11(c). Authorize the Public Works Department to purchase radio equipment from Motorola in an amount not to exceed $450,000 for Fiscal Year 2021-22 based upon the authorization for sole-source purchasing of Motorola radio equipment for the Redding Electric Utility Wildfire Mitigation Plan Technology Solutions Program, approved by City Council at the September 15, 2020, meeting. 4.11(d). Accept $2,295,100 in Urban Flood Protection Grant funds; and adopt Resolution approving and adopting the 41st Amendment to City Budget Resolution No. 2021-078 appropriating $2,295,100 for the Boulder Creek Flood Protection and Natural Treatment Project. Redding City Council May 17, 2022 Page 4 4.11(e). Accept update on the City of Redding’s COVID-19 Local Economic Stimulus Package projects. 4.11(f). Approve the 2022 Addendum to the Water Transfer Agreement with Anderson Cottonwood Irrigation District (C-5048) for the transfer (purchase) of 3,280 acre-feet of water at a cost of $300 per acre-foot. 4.11(g). Accept Bid Schedule No. 5161 (Job No. 2648), Stillwater Wastewater Treatment Plant Odor Control and Minor Modifications Project, awarded to RTA Construction, Inc., as satisfactorily complete, with a final cost of $2,012,220.48. 4.11(i). Authorize the following actions: (1) Authorize staff to negotiate the transfer of a 30-foot-wide utility easement for the proposed relocation of a Pacific Gas and Electric overhead electric line across a City of Redding-owned parcel at 2900 Manzanoaks Drive (Assessor’s Parcel Number 074-250-041); (2) Find that the transfer of the utility easement is categorically exempt from environmental review under the California Environmental Quality Act pursuant to Section 15061 of Title 14 of the California Code of Regulations (“Common Sense Exemption”); and (3) Authorize the Mayor to execute all legal documents necessary to complete the transfer and grant the easement. RECOMMENDATION: ACCEPT, ACKNOWLEDGE, ADOPT, APPROVE, AND/OR AUTHORIZE ALL ITEMS ON THE CONSENT CALENDAR. 9. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS, BOARDS, COMMISSIONS AND COMMITTEES Deputy City Manager 9.2(a). Consider approval of the Goodwater Crossing Emergency Housing Site. Recommendation: Approve Goodwater Crossing as a short-term, temporary Emergency Housing Site (EHS) of no more than 12 sleeping cabins at 2500 Shasta View Drive (Assessor Parcel No. 109-220-024) for a one-year term; and authorize the City Manager to make minor modifications to the Operations and Services Manual and Site Plan to facilitate the final Goodwater Crossing EHS approval process and to set the one-year term start date. Redding City Council May 17, 2022 Page 5 Deputy City Manager 9.2(b). Consider approving Development Agreement for Lowden Lane Senior Apartments. Recommendation: Authorize the Mayor to execute a Development Agreement (DA) with Redding Lowden Lane, LP, providing a City of Redding Loan in an amount not-to-exceed $5,500,000 financed by the Community Development Block Grant (CDBG) Disaster Recovery Multifamily Housing Program (DR-MHP) funds, and an Infill Infrastructure Grant loan in an amount not-to-exceed $1,989,650, for the development of the Lowden Lane Senior Apartments located at 2775 Lowden Lane; and authorize the City Manager, or designee, to execute the DA, the CDBG DR￾MHP funding documents, and any other documents necessary to complete the project transaction. Electric Utility 9.5(c). Consider Redding Electric Utility's Quarterly Financial Report and Industry Activities Update. Recommendation: Accept Redding Electric Utility’s Fiscal Year 2021-22 Third Quarter Financial Report and Industry Activities Update. Finance 9.10(a). Consider the City of Redding General Fund Quarterly Financial Report for the quarter ended March 2022. Recommendation: Accept the General Fund Quarterly Financial Report for the quarter ended March 31, 2022. 9.10(b). Consider placing a ballot measure on the November 8, 2022, General Municipal Election ballot to determine if the City of Redding's City Clerk and City Treasurer positions should be appointed rather than elected. Recommendation: Accept the report and provide direction to staff regarding preparation of the documents necessary to place a measure on the ballot for the November 8, 2022, General Municipal Election, to determine if the City Treasurer and City Clerk positions should be appointed rather than elected. Redding City Council May 17, 2022 Page 6 Public Works 9.11(h). Consider Ordinance Amending Redding Municipal Code (RMC) Title 9 (Health and Safety) to repeal and reenact Chapter 9.28 (Solid Waste and Recycling). Recommendation: Authorize and approve the following actions to comply with state mandated legislation for the Solid Waste Utility: (1) Offer Ordinance amending RMC Title 9 (Health and Safety) to repeal and reenact Chapter 9.28 (Solid Waste and Recycling), for first reading by title only and waive the full reading; (2) Find that the passage of this ordinance is exempt from environmental review under the California Environmental Quality Act pursuant to Section 15061 of Title 14 of the California Code of Regulations (“Common Sense Exemption”) because it can be seen with certainty that passage of the ordinance will not have a significant effect on the environment; and (3) Authorize the City Attorney to prepare and the City Clerk to publish a summary ordinance according to law. 11. COUNCIL TRAVEL REPORT(S) City Council Member attendance at conference/meetings reimbursed at City expense. {Requirement of Assembly Bill 1234} [A-050-060] Information Only 12. SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPICS FOR FUTURE CITY COUNCIL MEETINGS 13. ADJOURNMENT Redding City Council May 17, 2022 Page 7 Pursuant to the Brown Act, non-confidential materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for inspection during normal business hours at the Office of the City Clerk, 3rd Floor, City Hall, 777 Cypress Avenue, Redding, California. City Council Meetings will be televised live on Shasta Community Access Channels via Charter/Spectrum Cable channel 181, and will be rerun on Thursday at 12:30 p.m. during the week in which the meeting is held. Additionally, the meeting can be viewed online at the following: http://scac.cablecast.tv:8080/CablecastPublicSite/watch/4?channel=1. Video of the City Council meetings can also be viewed on the City’s web site at http://www.cityofredding.org/. Open the City’s meetings and agendas portal; Click on tab named "Meetings Videos" and select Redding City Council under “Available Archives 2022” select the desired date, then click on “video” to view the meeting. In compliance with Title II of the Americans with Disabilities Act, the City of Redding will make available to persons with disabilities modifications or accommodations including auxiliary aids or services necessary to participate in public meetings. A person needing assistance should contact the Redding City Clerk by telephone at (530) 225-4447 or in person, or by mail at 777 Cypress Avenue, 3rd Floor, Redding, California 96001 at least three (3) working days in advance. The City of Redding will ensure that no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination under any of its projects, activities, services, or business opportunities on the basis of race, color, national origin, age, sex, or disability, as afforded by Title VI of the Civil Rights Act of 1964 and related statutes as amended. All persons, regardless of their citizenship status, are covered under this regulation. Questions, complaints, or requests for accommodations or additional information may be forwarded to the ADA & Title VI Coordinator at 777 Cypress Avenue, Attn: Personnel Dept., Redding, California 96001, Phone (530) 225-4065. CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Presentation of 2021 Citizen Awards to Michael Knowles (Don D. Davis) and Keith Devine by the Redding Police Department. A citizen is considered for a Meritorious Conduct Award if their actions: exemplify excellence in performance of civic responsibilities, show unselfish devotion to their fellow man and community, and/or bring honor to themselves and recognition to the City of Redding through their actions. Summaries of the incidents that warrant honoring these individuals are attached. Attachments ^Citizen Award Keith Devine ^Citizen Award Michael Knowles MEETING DATE: May 17, 2022 ITEM NO. 2A FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 2A--Presentation of Citizen Awards to Michael Knowles and Keith Devine by the Redding Police Department Bill Schueller, Chief of Police Packet Pg. 8 Citizen’s Award Keith Devine On November 20, 2021, two Redding Police Department patrol officers contacted a suspicious subject obstructing traffic on the eastbound lanes of State Highway 44. The male was agitated, had violent prior contacts with law enforcement, and was making suicidal statements. The attempts to deescalate and calm the subject were not successful. The subject fled from officers into the busy, fast-moving traffic. He actively jumped directly in front of oncoming vehicles, nearly causing multiple traffic collisions. Both officers pursued the subject on foot and he was subsequently taken into custody after a physical struggle and the utilization of less-lethal tools. Mr. Keith Devine, a passing motorist, observed the event occurring. He recognized the danger to the officers who were exposed to traffic while they struggled to gain control of the subject. Mr. Devine angled his vehicle across multiple lanes of traffic to shield the officers. He then exited his vehicle, exposing himself to danger, in order to flag down oncoming vehicles. Once the male was detained, Mr. Devine continued to direct traffic, which allowed the officers to secure the subject in a patrol vehicle and collect evidence. Mr. Devine’s selfless actions during an unexpectedly violent and rapidly evolving encounter helped protect the lives of his fellow community members, the involved officers, and the subject who was in distress. The Redding Police Department is honoring Mr. Keith Devine for his unselfish devotion to his community with the Citizen’s Award. Packet Pg. 9 Attachment: ^Citizen Award Keith Devine (2A--Presentation of Citizen's Award Certificates by Redding Police Department) Citizen’s Award Michael Knowles On November 10, 2021, at about 10:58 p.m., a Mercury sedan was being driven northbound on Interstate 5. The driver took an exit towards the eastbound Highway 44 interchange and continued driving on an overpass that spans Hilltop Drive. The Mercury left the roadway while on the overpass and fell onto Hilltop Drive, where it came to rest. RPD officers came upon the unrecognizable Mercury that was on fire on Hilltop Drive. RPD officers were unable to remove the driver from the extensively damaged vehicle. Michael Knowles happened to be driving past the location in a Don D. Davis tow truck. Knowles assisted officers in attempting to remove the driver’s door of the Mercury with the tow truck’s boom in an effort to extricate the driver. The Mercury was so badly damaged that the tow truck’s boom harness sliced through the metal of the door frame instead of pulling the door from the vehicle’s frame. The officers continued to attempt to pull the driver from the Mercury, while Michael Knowles exhausted his tow truck’s fire extinguisher on the fire. The officers also exhausted their fire extinguishers and though unable to put the vehicle fire out, temporarily held the fire at bay. The officers and Michael Knowles continued trying to rescue the driver until the vehicle’s fire became so intense that the driver succumbed to the flames. For his unselfishness devotion to his fellow man and bringing honor to himself, Michael Knowles is presented the Redding Police Department’s Citizen’s Award. Packet Pg. 10 Attachment: ^Citizen Award Michael Knowles (2A--Presentation of Citizen's Award Certificates by Redding Police Department) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Accept City of Redding Accounts Payable Register No. 20; and Payroll Register No. 22. Fiscal Impact There is no fiscal impact to accepting the registers. Alternative Action The City Council could choose to not accept the registers and provide direction to staff. Background/Analysis Attached are the Accounts Payable and Payroll Registers as follows: Accounts Payable: (1) Register Number 20 for the period April 16, 2022 – April 29, 2022, in the amount of $11,520,872.66. Payroll: (1) Register Number 22 for the period April 17, 2022 – April 30, 2022, in the amount of $3,660,135.85. Council Priority/City Manager Goals • This agenda item is a routine operational item. Attachments Accounts Payable Register No. 20 and Payroll Register No. 22 MEETING DATE: May 17, 2022 ITEM NO. 4(b) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4(b)--City of Redding Accounts Payable and Payroll Registers. Allyn Feci Clark, Director of Finance/City Treasurer Packet Pg. 11 Packet Pg. 12 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 13 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 14 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 15 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 16 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 17 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 18 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 19 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 20 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 21 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 22 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 23 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 24 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 25 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 26 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 27 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 28 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 29 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 30 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 31 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 32 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 33 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 34 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 35 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 36 Attachment: Accounts Payable Register No. 20 and Payroll Register No. 22 (4(b)--Accounts Payable and Payroll Registers) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Approve and ratify the submission of an application for U.S. Congressman Doug LaMalfa Fiscal Year 2023 Community Project Funding in the amount of $1,000,000 to update the Montgomery Watson Floodplain Study for the City of Redding Public Works Department. Fiscal Impact If the City of Redding (City) is successful in obtaining Fiscal Year 2023 Community Project Funding, the City may receive up to $1,000,000 with no required local matching funds. Alternative Action The City Council may choose to not ratify the application for Congressman Doug LaMalfa Fiscal Year 2023 Community Project Funding, in which case the application will be withdrawn and the City will not be considered for this funding source. Background/Analysis The United States Congress created a new process entitled “Community Project Funding” which allows members of Congress to submit funding requests for specific programs and projects based in their district. Congressman Doug LaMalfa (CA-1) secured $16.8 million for Califonia’s 1st District for Fiscal Year 2022. The City of Redding has the opportunity to apply for a new round of Community Project Funding for Fiscal Year 2023 anticipating that $17-18 million will be allocated to each Representative. Community Project Funding has a broad range of eligible uses that can either fit into specific program categories or exist as general requests. In 1993, the City adopted the citywide Storm Drain Master Plan (SDMP), which is sometimes internally referred to as the Montgomery Watson Study, named after the engineers that conducted it. The Montgomery Watson Study floodplain elevation findings differ, in some cases MEETING DATE: May 17, 2022 ITEM NO. 4.1(a) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4.1(a)--Ratify Application for Congressman Doug LaMalfa Fiscal Year 2023 Community Project Funding Barry Tippin, City Manager Packet Pg. 37 Report to Redding City Council May 9, 2022 Re: 4.1(a)--Ratify Grant Application - Montgomery Watson Floodplain Study Page 2 dramatically, from the findings of the Federal Emergency Management Agency (FEMA). The FEMA study looked at 1987 conditions and assumed that future development in the watershed would not significantly alter flood flows. The conflicting, and aging, floodplain data result in a situation which can be prohibitive to development in areas impacted by the broadly drawn Montgomery Watson Study, even where the FEMA data or more recent studies show that a given area of the City may be outside of the floodplain. Floodplain-based constraints on development have made updating the Montgomery Watson Study a priority so that clear and recent data is available when considering development. City staff anticipates that a comprehensive update of the Montgomery Watson floodplain would cost $1,000,000 and has a plan to conduct a Request for Proposals to develop the update and select a consultant to update the floodplain study. City staff submitted an application for the Congressman Doug LaMalfa Fiscal Year 2023 Community Project Funding for the full project amount of $1,000,000, and if the City is granted the funds, anticipates the project taking 450 days from the time funds are received to complete. Council Priority/City Manager Goals • Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.” • Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.” Packet Pg. 38 CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Adopt Resolution authorizing the submittal of a grant application by the City of Redding Water Utility to the United States Department of the Interior Bureau of Water Reclamation WaterSMART Drought Response Program: Fiscal Year 2023 Project Funding in the amount of $3,600,000 for the placement of an additional groundwater well, Well No. 24. Fiscal Impact Adoption of this Resolution would have no fiscal impact. However, the City of Redding (City) could receive up to $3,600,000 from the United States Department of the Interior Bureau of Water Reclamation WaterSMART Drought Response Program if successful. The WaterSMART Drought Response Program requires local matching funds that are equal to or greater than the amount requested. The Water Utility would use funds that have been budgeted for additional groundwater wells and piping to fulfill the local match requirement. The total project value is $7,200,000 for design and construction of a new well in south Redding including infrastructure to connect the well to the City water system. Alternative Action The City Council may choose to not adopt the resolution and, therefore, not authorize an application to the United States Department of Interior Bureau of Water Reclamation WaterSMART Drought Response Program. In this case, the City would not apply for the funding opportunity and would not have the opportunity to receive grant funding from this program. MEETING DATE: May 17, 2022 ITEM NO. 4.1(b) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4.1(b)--Adopt Resolution Authorizing Grant Application to the US Department of Interior Bureau of Water Reclamation WaterSMART Drought Response Program Fiscal Year 2023 Project Funding Barry Tippin, City Manager Packet Pg. 39 Report to Redding City Council May 11, 2022 Re: 4.1(b)--Authorize Grant Application - Groundwater Well No. 24 Page 2 Background/Analysis The United States Department of the Interior Bureau of Water Reclamation (BWR) is a federal agency tasked with the management of water resources. BWR accomplishes this mission through a number of mechanisms including grant funding for state, local, and private organizations. The BWR WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2023 enables partner organizations to leverage federal resources to plan and implement actions that increase water supply reliability by investing in existing infrastructure. Eligible projects under this program are intended to build long-term resilience to drought. The City’s Water Utility is responsible for providing customers with a reliable supply of high￾quality drinking water. The Water Utility serves approximately 90,000 customers over a 60 square mile service area. The Water Utility’s 2020 Urban Water Management Plan identified the addition of new groundwater wells as a critical element of drought resiliency, particularly because additional groundwater sources help to reduce the sensitivity of the Water Utility’s available surface water from Whiskeytown Lake and the Sacramento River. The Urban Water Management Plan estimates a timeline for new wells in 2025 and 2030. The BWR WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2023 opportunity would enable the Water Utility to leverage federal funding to provide an additional groundwater well that would be able to come online in 2025. The new well would be located in south Redding as a result of the geography of groundwater availability and quality. The well would require new piping infrastructure to connect to the existing water supply network. The Water Utility would request $3,600,000 from the BWR and provide $3,600,000 in local matching funds for a total project cost of $7,200,000 accounting for the rising cost of construction materials and market volatility. This opportunity represents a responsible use of public funds by leveraging local funding to access federal resources. Council Priority/City Manager Goals • Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.” • Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.” Attachments ^Resolution Packet Pg. 40 RESOLUTION NO. 2022-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AUTHORIZING A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION WATERSMART DROUGHT RESPONSE PROGRAM WHEREAS, the United States Department of the Interior Bureau of Water Reclamation WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2023 is a mechanism for leveraging federal resources to plan and implement actions that increase water supply reliability through investments in existing infrastructure; and WHEREAS, the City of Redding Water Utility 2020 Urban Water Management Plan identifies new groundwater wells to be completed by 2025 as future water projects that supplement the Sacramento River and Whiskeytown Lake water sources; and WHEREAS, the United States Department of the Interior Bureau of Water Reclamation WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2023 is a potential funding source for additional wells that will provide drought resiliency; NOW, THEREFORE, the City Council FINDS, RESOLVES, and ORDERS as follows: 1. The above recitals are true and correct. 2. The City Manager is authorized to execute all documents necessary to facilitate grant application and grant acceptance thereby contractually binding the City of Redding to all grant conditions; 3. The City Council has reviewed and supports the application submitted; 4. The City of Redding has the capability to provide the amount of funding and/or in-kind contributions specified in the funding plan; 5. The City of Redding will work with the Bureau of Reclamation to meet established deadlines for entering into a grant or cooperative agreement. I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 17th day of May, 2022, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: _______________________________ KRISTEN SCHREDER, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ _______________________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney Packet Pg. 41 Attachment: ^Resolution (4.1(b)--Authorize Grant Application - Groundwater Well No. 24) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Authorize the following modifications relative to previously awarded Bid Schedule No. 5237, Three-Phase, Pad-Type Distribution Transformers to WEG Transformers USA (WEG): (1) Accept a proposed change in contract pricing terms by following WEG’s price adjustment policy for long term customers, which incorporates new bi-monthly-end price adjustments for orders when it is shipped which replaces the previous practice of adjustments in direct proportion to a Producer Price Index in place at the time the order is placed; (2) Ratify the amendment of purchase orders previously issued to WEG totaling $567,858.73 to the increased amount of $617,814.70; (3) Authorize the Purchasing Officer to extend the bid award annually with WEG through November 30, 2026, if mutually agreeable, with all terms and conditions remaining the same, and price adjustments per WEG’s price adjustment policy for long term customers; and (4) Authorize the City Manager to approve changes to future pricing terms and policies as needed due to inflation and unstable economic conditions. Fiscal Impact Adequate funding is available in Redding Electric Utility’s (REU) current biennial General System Improvements budget for the purchase of distribution transformers. These costs include the annual recurring expenditures for installation of facilities required to maintain reliable electric service. Alternative Action The City Council (Council) could choose to not accept the pricing policy proposed by WEG and provide alternative direction to staff. MEETING DATE: May 17, 2022 ITEM NO. 4.5(a) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4.5(a)--Modifications to Bid Schedule No. 5237 Three-Phase, Pad-Type Distribution Transformers Nick Zettel, Interim Director of Redding Electric Utility Packet Pg. 42 Report to Redding City Council May 10, 2022 Re: 4.5(a)--Modifications to Bid Schedule No. 5237 Three-Phase, Pad-Type Distribution Transformers Page 2 Background/Analysis On October 19, 2021, the Council approved award of Bid Schedule No. 5237 to WEG in the amount of $518,783, not including tax (annual evaluated cost of $805,964), as the lowest responsive bidder. Due to fluctuations in costs of raw materials, labor shortages, supply chain issues, and unprecedented inflation, WEG along with other vendors are unable to sustain long term agreements based on PPI increases identified at the time an order is placed (as originally awarded per the Bid specifications). WEG has proposed using a bi-monthly-end price adjustment policy, effective March 1, 2022. Pricing will be calculated based on the most current PPI as determined at the time of shipment instead of PPI as determined at the time the order is placed. REU has issued three purchase orders since this bid was originally awarded; all of which have been received and acknowledged by WEG prior to notification of the pricing policy change, totaling $567,858.73. WEG is unable to hold pricing for the first six months of this contract, as required by the bid specifications. WEG is proposing to split the costs of the 17.6 percent PPI increase realized since July 2021 (the base index identified in the bid) through January 2022, at a share of 50/50 between the City and WEG, resulting in an 8.8 percent increase in costs for the transformers previously ordered. The 8.8 percent cost difference is outlined in the table below. Purchase Order: Original Cost (including tax): Increased Cost (including tax): Difference: 113844 $296,935.57 $323,057.38 $26,121.81 113971 $192,980.29 $209,956.89 $16,976.60 114178 $77,942.87 $84,800.43 $6,857.56 Total: $567,858.73 $617,814.70 $49,955.97 Council Priority/City Manager Goals This agenda item is a routine operational item. Attachments Previous Staff Report - item 4.5(b) Award of Bid Schedule No. 5237, Three-phase, Pad-Type Distribution Transformers, October 19, 2021 Packet Pg. 43 Packet Pg. 44 Attachment: Previous Staff Report - item 4.5(b) Award of Bid Schedule No. 5237, Three-phase, Pad-Type Distribution Transformers, October 19, Packet Pg. 45 Attachment: Previous Staff Report - item 4.5(b) Award of Bid Schedule No. 5237, Three-phase, Pad-Type Distribution Transformers, October 19, Packet Pg. 46 Attachment: Previous Staff Report - item 4.5(b) Award of Bid Schedule No. 5237, Three-phase, Pad-Type Distribution Transformers, October 19, Packet Pg. 47 Attachment: Previous Staff Report - item 4.5(b) Award of Bid Schedule No. 5237, Three-phase, Pad-Type Distribution Transformers, October 19, Packet Pg. 48 Attachment: Previous Staff Report - item 4.5(b) Award of Bid Schedule No. 5237, Three-phase, Pad-Type Distribution Transformers, October 19, Packet Pg. 49 Attachment: Previous Staff Report - item 4.5(b) Award of Bid Schedule No. 5237, Three-phase, Pad-Type Distribution Transformers, October 19, CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Authorize the City Manager, or designee, to execute the Fifth Amendment (Change Order No. 3) to the Professional Services Agreement (C-6277) with Itron, Inc.; and authorize the City Manager, or designee, to execute future Change Orders to the Professional Services Agreement (C-6277) with Itron, Inc. Fiscal Impact The Fifth Amendment (Change Order No. 3) will incorporate additional detail needed for the completion of the Redding Electric Utility’s (REU) Integrated Resource Plan (IRP) and will increase the expenditures by $13,750 for Fiscal Year 2022 - 23. Funds are available in REU’s budget for 2024 IRP activities. Alternative Action The City Council could decline to authorize the City Manager, or designee, to execute the Fifth Amendment to the Professional Services Agreement with Itron, Inc., (Itron) and provide alternative direction to staff. Background/Analysis REU is currently developing a five-year update to its IRP, originally filed in 2019, as required by the California Energy Commission (CEC). Among the many subjects required in the IRP, the CEC requires utilities to address current and future building and transportation electrification plans and activities. To better understand the impacts of electrification on the utility, and to inform the IRP, REU has contracted with Dunsky Energy + Climate Advisors (Dunsky) for the completion of a comprehensive Building and Transportation Electrification Forecast (Electrification Forecast) assessing the impacts of electrification on REU’s load and resources. MEETING DATE: May 17, 2022 ITEM NO. 4.5(b) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Agreement Nick Zettel, Interim Director of Redding Electric Utility Packet Pg. 50 Report to Redding City Council May 10, 2022 Re: 4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Agreement Page 2 The Electrification Forecast is currently being developed and is expected to be completed in June 2022. Once the Electrification Forecast is completed, the results will need to be incorporated into REU’s existing Load Forecast, which is currently managed by Itron, and updated annually in February. The development of the IRP is reliant upon the results of the Electrification Forecast. To meet the milestone targets for timely completion of the IRP, a mid-term update to incorporate the findings into the existing annual Load Forecast is necessary. With this proposed Change Order No. 3, Itron will provide Redding with a comprehensive mid￾term update to the Load Forecast, inclusive of the Electrification Forecast provided by Dunsky. Integrating the building and transportation electrification impacts into the existing Load Forecast is critical to comprehending the overarching impacts of electrification and ensuring REU has adequate resources and electrical infrastructure needed to support the growing demand. Council Priority/City Manager Goals • This is a routine operational agenda item. Attachments Fifth Amendment to Agreement with Itron, Inc. - Change Order No. 3 (C-6277) Consulting Agreement with Amendment Nos. 1-4 (C-6277) Packet Pg. 51 Packet Pg. 52 Attachment: Fifth Amendment to Agreement with Itron, Inc. - Change Order No. 3 (C-6277) [Revision 1] (4.5(b)--Approve Fifth Amendment to Packet Pg. 53 Attachment: Fifth Amendment to Agreement with Itron, Inc. - Change Order No. 3 (C-6277) [Revision 1] (4.5(b)--Approve Fifth Amendment to ofRo CITY OF ` DDiNC, rf ; 4 ° tlYJ e e-` OFFICE OF THE CITY CLERK tIp.0P` 777 Cypress Avenue, Redding, CA 96001 P.O. Box 496071, Redding, CA 96049- 6071 530. 225. 4447 FAX 530.225. 4463 Pamela Mize, City Clerk Teresa Rudolph, Assistant City Clerk November 19, 2014 Itron, Inc. Attn: Shannon Ashburn 12348 High Bluff Drive# 210 San Diego, CA 92130 SUBJECT: Itron Professional Services Agreement, C- 6277 Dear Ms. Ashburn: Enclosed is a fully executed original of the above subject Agreement by and between the City of Redding and Itron, Inc., regarding load forecasting services for Redding Electric Utility. If you have any questions regarding this matter, or if we can be of assistance, please contact the Office ofthe City Clerk at( 530) 225- 4439. Sincerely, PAMELA MIZE City Clerk By: Marge Al. S r• c 6,-11 Execu Assis ant I Enclosure c: Mark Haddad, Redding Electric Utility Packet Pg. 54 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services ITRON PROFESSIONAL SERVICES AGREEMENT This Itron Professional Services Agreement( the" Agreement")is entered into as of November 11, 2014 ( the" Effective Date") by and between Itron, Inc. Citron") and City of Redding (" Customer"). Itron and Customer may each be referred to as a" Party" and together as the" Parties." The Parties agree as follows: 1. Professional Services Terms a. Definitions. Change Order" means a written confirmation of a change in the Professional Services, Deliverables or cost thereof that is executed by both Parties. Deliverable" means any software, reports, results, studies or other documentation identified as a" Deliverable" to be provided by Itron in a SOW. Professional Services" means the services to be provided by Itron pursuant to a SOW. SOW' means a written statement of work describing the activities, tasks and responsibilities of Itron and Customer that references this Agreement and is executed by authorized representatives of the Parties. b. Purchase of Professional Services; License. During the term of this Agreement, Itron will make commercially reasonable efforts to provide to Customer the Professional Services and Deliverables, if any, described in the applicable SOW within the time periods set forth in such SOW. Changes to the Professional Services or Deliverables may only be made through a Change Order. Itron hereby grants to Customer a non- exclusive, perpetual license to use the Deliverables solely for Customer's internal purposes. c. Fees and Expenses. Customer agrees to pay for Professional Services in the manner and at the rates set forth in the applicable SOW ( e.g., on a time and materials basis or on a fixed-fee basis). Itron reserves the right to adjust rates for Professional Services performed on a time-and￾materials basis no more than once each year. Customer shall also reimburse Itron for reasonable and documented travel, lodging and related expenses incurred in connection with the Professional Services. d. Invoicing. Professional Services will be performed either on a time-and- materials basis or a fixed-fee basis, as set forth in the applicable SOW. Professional Services performed on a time and materials basis will be invoiced at the end of the calendar month in which they are performed. Professional Services that are performed on a fixed fee basis will be invoiced as set forth on the applicable SOW or, if not set forth on a SOW, upon completion. e. Limited Professional Services Warranty. Itron warrants to Customer that it shall perform the Professional Services with reasonable care and in a diligent and competent manner. Itron' s sole obligation and Customer's exclusive remedy in connection with a breach of the foregoing warranty shall be to correct or re￾perform the non- conforming Professional Services. If Itron, in its sole discretion, is unable to correct or re- perform non- conforming Professional Services, its sole obligation will be to refund to Customer the amount paid for such Professional Services. Customer must report any deficiencies in the Professional Services to Itron in writing within 60 days of performance to receive the warranty remedies described herein. f. Access to Facilities and Personnel. Customer agrees to provide Itron with access to its facilities and personnel as reasonably required for Itron to provide the Professional Services and Deliverables. All employees and representatives of Itron that perform Professional Services on Customer's premises shall comply with reasonable guidelines pertaining to employee conduct, including Customer safety procedures and policies, provided to Itron by Customer. Neither Party shall require releases or waivers of any personal rights from representatives of the other in connection with visits to its premises, and the Parties agree not to plead any such releases or waivers in any action or proceeding. g. Insurance. During the term of this Agreement, Itron will maintain the following minimum levels of insurance( i) workers' compensation insurance for Itron employees equal to applicable statutory limits and an employer's liability policy in an amount not less than $ 1, 000,000.00; ( ii) an occurrence form commercial general liability policy or policies in an amount not less than$ 1, 000, 000 per occurrence and$ 2, 000,000.00 aggregate; ( iii) an automobile liability policy or policies in an amount not less than $ 1, 000,000.00 combined single limit; and ( iv) a professional liability policy or policies insuring against liability for errors and omissions covering professional activities contemplated under the Agreement in an amount not less than $ 1, 000,000.00. Upon written request, Itron will provide Certificates of Insurance evidencing the coverage described in this Section. 2. Payment Terms and Taxes. For invoices not paid within 30 days of the invoice date, in addition to other remedies to which Itron may be entitled, Itron may charge Customer a late fee of one percent per month applied against overdue amounts. Customer shall also be responsible for collection costs associated with late payment, if any, including reasonable attorneys' fees. No endorsement or statement on any check or payment or in any letter accompanying a check or payment or elsewhere shall be construed as an accord or satisfaction. Customer shall pay all amounts owing under this Agreement in U. S. Dollars. The prices do not include taxes. Customer will be responsible for and pay all applicable sales, use, excise, value- added and other taxes associated with the provision of products or services by Itron, excluding taxes on Itron' s income generally. If Customer is a tax exempt entity, or pays taxes directly to the state, Customer will ( provide Itron with a copy of its Tax Exemption Certificate or Direct Pay Permit, as applicable, upon execution of this Agreement. Packet Pg. 55 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services 3. Changes. Changes to the products or services ordered by Customer pursuant to this Agreement, including the purchase of additional quantities or entirely new products or services, may be made at Itron' s then- current pricing by purchase order or Change Order( in a form acceptable to Itron), provided that any such purchase order must first be accepted by Itron. 4. Confidentiality. With respect to any information supplied in connection with this Agreement and designated by either Party as confidential, or which the recipient should reasonably believe to be confidential based on its subject matter or the circumstances, the recipient agrees to protect the confidential information in a reasonable and appropriate manner, and to use and reproduce the confidential information only as necessary to realize the benefits of or perform its obligations under this Agreement and for no other purpose. The obligations in this Section will not apply to information that is: ( i) publicly known; ( ii) already known to the recipient; (iii) lawfully disclosed by a third party; iv) independently developed; or ( v) disclosed pursuant to a legal requirement or order. The recipient may disclose the confidential information on a need-to- know basis to its contractor's, agents and affiliates who agree to confidentiality and non- use terms that are substantially similar to these terms. The parties acknowledge and agree that any software provided by Itron in connection with this Agreement shall be considered the confidential information of Itron. 5. IP Ownership. Between Itron and Customer, all patents, copyrights, mask works, trade secrets, trademarks and other proprietary rights in or related to any product, software or deliverable provided by Itron pursuant to this Agreement are and will remain the exclusive property of Itron. Any modification or improvement to an Itron product or deliverable that is based on Customer's feedback shall be the exclusive property of Itron. Customer will not take any action that jeopardizes Itron' s proprietary rights nor will it acquire any right in any such product, software or deliverable or Itron' s confidential information other than rights granted in this Agreement. 6. Indemnification a. General Indemnity. Itron will defend Customer from any third party claim for( i) wrongful death of or bodily injury, to the extent caused by Itron' s negligence or intentional torts, or( ii) physical damage to tangible personal property, to the extent caused by Itron's negligence or intentional torts, and will pay costs and damages awarded against Customer in any such claim that are specifically attributable to Itron' s negligence or intentional torts or those costs and damages agreed to by Itron in a monetary settlement of such claim. b. Infringement Indemnity. Itron will defend at its own expense any action brought against Customer by an unaffiliated third party to the extent that the action is based upon a claim that any product manufactured, software licensed or service provided by Itron hereunder directly infringes any U. S. patent ( issued as of the Effective Date) or any copyright or trademark, and Itron will pay those costs and damages awarded against Customer in any such action that are specifically attributable to such claim or those costs and damages agreed to by Itron in a monetary settlement of such action. The foregoing indemnity does not apply to products not manufactured by Itron or software licensed by third parties. c. Conditions to Infringement Indemnity. Itron's infringement indemnity obligations under this Section are conditioned on Customer's agreement that if the applicable product or service becomes, or in Itron's opinion is likely to become, the subject of such a claim, Customer will permit Itron, at Itron' s option and expense, either to procure the right for Customer to continue using the affected product or service or to replace or modify the same so that it becomes non- infringing. Such replacements or modifications will be functionally equivalent to the replaced product or service. If the foregoing alternatives are not available on terms that are reasonable in Itron' s judgment, Itron shall have the right to require Customer to cease using the affected product or service in which case Itron will refund to Customer the depreciated value of the affected product or service; d. Exclusions. Itron shall have no obligation under this Agreement to the extent any claim of infringement or misappropriation results from: ( i) use of a product or service, other than as permitted under this Agreement or as intended by Itron, if the infringement would not have occurred but for such use; ( ii) use of any product or service in combination with any other product, equipment, software or data, if the infringement would not have occurred but for such combination; ( iii) any use of any release of a software or any firmware other than the most current release made available to Customer, ( iv) any claim based on Customer's use of a product after Itron has informed Customer of modifications or changes to the product required to avoid such claims and offered to implement those modification or changes, if such claim would have been avoided or mitigated by the implementation of Itron' s suggestions, ( v) any modification to a product made by a person other than Itron or an authorized representative of Itron, or ( vi) compliance by Itron with specifications or instructions supplied by Customer. Itron shall not be liable hereunder for enhanced or punitive damages that could have been avoided or reduced by actions within the control of Customer. e. Right to Defend. As a condition to Itron' s indemnity obligations under this Agreement, Customer will provide Itron with prompt written notice of the claim, permit Itron to control the defense or settlement of the claim and provide Itron with reasonable assistance in connection with such defense or settlement. Customer may employ counsel at its own expense to assist it with respect to any such claim. f. Indemnity Disclaimer THIS SECTION CONSTITUTES ITRON' S SOLE AND EXCLUSIVE OBLIGATION WITH RESPECT TO THIRD PARTY CLAIMS BROUGHT AGAINST CUSTOMER. 2 Packet Pg. 56 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services 7. Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ITRON DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, ( I) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ( II) WARRANTIES OF TITLE AND AGAINST INFRINGEMENT AND ( III) WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. TO THE EXTENT ANY IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. 8. WAIVER OF CONSEQUENTIAL DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR COVER OR FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL ( INCLUDING LOSS OR CORRUPTION OF DATA OR LOSS OF REVENUE, SAVINGS OR PROFITS) OR EXEMPLARY DAMAGES, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH. DAMAGES. ITRON'S PRICING REFLECTS THIS ALLOCATION OF RISKS AND LIMITATION OF LIABILITY. 9. CAP ON LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EXCEPT FOR A BREACH BY CUSTOMER OF ( I) ANY INTELLECTUAL PROPERTY RIGHT OF ITRON OR ( II) ANY LICENSE GRANTED BY ITRON HEREUNDER, THE AGGREGATE LIABILITY OF EACH PARTY AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES, ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT—WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY OR OTHERWISE—SHALL NOT EXCEED THE TOTAL AMOUNT PAID AND PAYABLE UNDER THE APPLICABLE SOW. ITRON SHALL NOT BE LIABLE FOR ANY CLAIM MADE THE SUBJECT OF A LEGAL PROCEEDING MORE THAN TWO ( 2) YEARS AFTER THE CAUSE OF ACTION ASSERTED IN SUCH CLAIM AROSE. ITRON' S PRICING REFLECTS THIS ALLOCATION OF RISKS AND LIMITATION OF LIABILITY. NOTWITHSTANDING THE PRECEDING, THE LIMITATION OF LIABILITY PROVIDED HEREIN SHALL NOT APPLY TO THIRD PARTY CLAIMS OTHERWISE SUBJECT TO THE INDEMNTY OBLIGATION SET FORTH IN SECTION 6. 10. Term and Termination a. Term ofAgreement. Unless terminated earlier as provided herein, the term of this Agreement shall be from the Effective Date through December 31st of the year in which any services to be provided hereunder have been provided. The term of this Agreement shall thereafter automatically renew for successive one year periods unless either Party provides the other with written notice of its intent to terminate the Agreement with at least 90 days notice to the the other Party; provided, however, that Customer shall be obligated to purchase and Itron shall be obligated to provide any service that is the subject of an unfulfilled order accepted by Itron prior to the time of any such termination and any reasonable expenses incurred by Itron as a result of such termination. b. Termination for Cause. Other than Customer's nonpayment which shall constitute a breach of this Agreement if full payment is not received within five( 5) days of written notice, either Party may terminate this Agreement by providing the other Party with written notice if the other Party ( i) becomes insolvent, executes a general assignment for the benefit of creditors or becomes subject to bankruptcy or receivership proceedings; ( ii) breaches its obligations related to the other Party's confidential information; or( iii) commits a material breach of this Agreement that remains uncured for 30 days following delivery of written notice of such breach ( including, but not necessarily limited to, a statement of the facts relating to the breach or default, the provisions of this Agreement that are in breach or default and the action required to cure the breach or default). c. Survival. Any provision of this Agreement that contemplates performance or observance subsequent to termination or expiration of this Agreement shall survive termination or expiration and continue in full force and effect for the period so contemplated including, but not limited to, provisions relating to warranties and warranty disclaimers, intellectual property ownership, payment terms, confidentiality, waiver of consequential damages, and cap on liability. 11. Miscellaneous a. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersede all previous agreements pertaining to such subject matter. All prior agreements, representations, warranties, statements, negotiations, understandings, and undertakings are superseded hereby and Customer represents and acknowledges that it has not relied on any representation or warranty other than those explicitly set forth in this Agreement in connection with its execution of this Agreement. Neither Party shall be boundby terms and conditions imprinted on or embedded in purchase orders, order acknowledgments, statements of work not attached hereto or other communications between the Parties subsequent to the execution of this Agreement. b. Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived ( either generally or in a particular instance and either retroactively or prospectively), only by a writing signed by an authorized representative of each Party and declared to be an amendment hereto. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived. 3 Packet Pg. 57 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services c. Governing Law; Jury Trial. This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of Washington without reference to Washington conflicts of law principles or the United Nations Convention on Contracts for the Sale of Goods. THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT. d. Assignment. Customer may not assign or transfer its interests, rights or obligations under this Agreement by written agreement, merger, consolidation, operation of law or otherwise without the prior written consent of an authorized executive officer of Itron. Any attempt to assign this Agreement by Customer shall be null and void. For purposes of this Agreement, the acquisition of an equity interest in Customer of greater than 25 percent by any third party shall be considered an assignment. e. Publicity. Unless otherwise provided in a separate confidentiality agreement between the Parties, each Party may issue a press release following the execution of this Agreement, subject to the other Party's written approval, which shall not be unreasonably withheld. Each Party hereby consents to the other Party's use of its name, URL and logo on its website and in its customer and partner lists for corporate and financial presentations. f. Force Majeure. Except for monetary obligations hereunder, neither Party will be responsible for any failure or delay in performing any obligation hereunder if such failure or delay is due to a cause beyond the Party's reasonable control, including, but not limited to acts of God, flood, fire, volcano, war, terrorist threats or actions, third- party suppliers, labor disputes or governmental acts. g. Notices. Any notice required or permitted under this Agreement or required by law must be in writing and must be delivered in person, by facsimile, by certified mail ( return receipt requested), or by a nationally recognized overnight service with all freight charges prepaid, to the address set forth below. Notices will be deemed to have been given at the time of actual delivery, if in person, or upon receipt( as evidenced by facsimile confirmation, return receipt or overnight delivery verification). Either Party may change its address for notices by written notice to the other Party in accordance with this Section. Itron: Attn: General Counsel Customer: Ci o-f Itron, Inc. 44_,g; 4/ 4.4 /1-76,4 j 2111 North Molter Road 7 7 Liberty Lake, WA 99019 r s h. Miscellaneous. G / Headings used in this Agreement are intended for convenience or reference only and will not control or affect the meaning or construction of any provision of this Agreement. If any provision in this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired thereby and such provision shall be interpreted so as to best accomplish the intent of the Parties within the limits of applicable law. Any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement shall not apply to the terms and conditions of this Agreement. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered will be deemed an original, and all of which together shall constitute one and the same agreement. Itron shall perform all work to be performed in connection with this Agreement as an independent contractor and not as the agent or employee of Customer. All persons furnished by Itron shall be for all purposes solely Itron' s employees or agents and shall not be deemed to be employees of Customer for any purpose whatsoever. This Agreement is entered into only for the benefit of Customer and Itron. No other person or entity shall have the right to make any claim or assert any right hereunder, and no other person or entity shall be deemed a beneficiary of this Agreement. Signature Page Follows] 4 Packet Pg. 58 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Agreed to and accepted: CUSTOMER 7 CITY OF REDDING ITRON, a Signature: .( / f. c Signature: 0 (_- t - ‘7"---)// RICHARD CHRISTENSEN Print Name: Barry eppin Print Name: Vice President, Global Financial Planning and Analysis Title: Director- Redding Electric Utility Title: Ikon. Inc. Date: /// gXc Date: I i) 1, 114 Tax Exempt: Yes/ No( if yes, attach copy of Tax Exemption Certificate) 1 off 1 111779 SMc & PAMELA 1 , titg t. CITY OF REDDING Signature: ief4P￾Print Name: Rod Dinger Title: Support Services Director Date: if-f /il Signature Page to Sales Agreement] 8 Packet Pg. 59 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services I,, Statement ofWork TECHNICAL FORECAST/ ANALYTIC CONSULTING SERVICES. City of Redding, California Author Andy Sukenik Date: 11- 3-14 Version: 1. 1 Itron, Inc. USA www.itron. com Packet Pg. 60 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services ti4 Ufa p r' 4 ran911rdJ a r ann,{ ruI " ori i ' Date d Ath .; 1, Version Change Reference t = c i5 - ' iCt„ n+ s. d rri " zi' int 3j yi . * v zx - ti .. 're IWS, 4bl p, z i G __. ., 10- 31- 14 Andy Sukenik 1. 0 Date Created 11- 3- 14 Andy Sukenik 1. 1 Minor edits throughout, edits to billing schedule a y z + r 14,7- B. fitldlCltlCteol4 t 0, d r x This Statement of Work(" SOW') document defines the activities(" Services") to be performed by Itron, Inc.(" Itron") for City of Redding, California(" Customer" or" REU') for Technical Forecast/Analytic Consulting(" Project'). This SOW is entered into as of this 31st day of October, 2014(" Effective Date") and is governed by the terms and conditions of the Professional Services Agreement(" Agreement') dated MMif Sfr r' by and between Customer and Itron. 1t/ oo/ i4 rIf1Fii wI aa' 1 rte, 1P! T11! By signing this SOW, Customer engages Itron to provide the following Services and Deliverables related to the Project: Further details regarding the Services are provided in Section C of Itron's Technical Forecast/Analytic Consulting Services for the Electricity Utility Department proposal, submitted September 29, 2014. Descri,pmstiso_NComments C elverales Database z ctes Prov Updates ep will a to The following: to queries Customer Itron seamless SAS. understand convert database transformation will used work the from transformations. existing Service database. customer new Develop monthly level Integrate Implement aggregation Database the transition Microsoft to with the customer the roll￾existing meet database Division formats REU City an ups Customer' the database to data interface and historical data of Excel REU customer a database Redding' new database. of into requests, other into the customer s extracts will to the current consultant to import SAS. create data required include logic data new by s Customer and into importing tables and from into extracts class￾customer database the the ensure the Itron the to 1. REU SAS customer database converted 44, 4S Confidential Page 2 of Packet Pg. 61 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services brae t Services Provided ' DescriptionlCorriments"` Deliverables Load and Revenue Model Database 2. The Load and Revenue Model Itron will convert Customer's current load and Database, which will be stored in a revenue models from EViews to MetrixND files. MetrixND project file. Data from the Itron will extract and organize the data in either Load and Revenue Database Microsoft Excel or Microsoft Access databases, ( includes class sales, class revenue, except for the customer-level data, which will be actual and normal weather, and stored in SAS data sets. Once the data is economic data) can be provided in imported into MetrixND and MetrixLT, the data Microsoft Excel spreadsheets at no can will be inspected graphically, and additional cost at the request of transformed as needed for modeling purposes. Customer. Itron will incorporate the following data into the load and revenue models. These data will be supplied to Itron by REU. REU Meter Read Schedule( Historical and Forecasted) Weather Data Processing: Itron will compute actual and normal heating and cooling degree￾day variables on a cycle and calendar month basis. These calculations will be performed in Itron's MetrixLT software. Economic Data Processing: Itron will evaluate existing approach for developing an economic forecast. Itron will generate the economic forecast by updating and/or modifying the existing approach. The forecasts will include local area economic data including employment, building permits, and price indices. Itron will store the economic data in Microsoft Excel spreadsheets and managed in the MetrixND project file. Model and Forecast Updates Population Model The following forecast outputs will be Itron will re-estimate and/or replace Customer's delivered in Microsoft Excel existing population model and update the 20- spreadsheets. year population forecast. Itron expects the 3. 20-year population forecast update will incorporate historical estimates of population, net population migration, and natural increase( births— deaths). Itron will evaluate the existing model. If available, Itron will evaluate the relative accuracy of historical population forecast vintages. Depending on the outcome of the model evaluation and data availability, Itron may evaluate and/or incorporate alternative approaches. Load and Revenue Models 4a. 20-year customer forecast by rate Itron will re-estimate and/or modify the monthly class REU load and revenue model and update the 4b. 20-year forecast of rate class associated 20-year forecasts. sales 4c. 20-year forecast of rate class Monthly Customers by Rate Class: Confidential Page 3 of 91 Packet Pg. 62 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Vtrori a" - K " . 4:. - ':'' . Ga y.. w . s^ E` a a," ak Gr ._ , ServrcesfProvrtletl i r 3 Descnp,tion/ Rvaa. a Comments w ' 3. M f © elrverablesy Itron will re-estimate and/or modify the revenues customer models for each of the five 5) REU rate classes Monthly Sales by Rate Class: Itron will re-estimate and/or modify the sales models for each of the five( 5) REU rate classes. The forecast models will be used to generate a 20-year forecast of rate class sales. Residential Model Through evaluation of the existing models, 4d. Residential Sales and Revenue discussions with Customer' s current consultant, model output evaluation of data availability, and statistical analysis, Itron will re-estimate and/ or modify the residential model or models that will be used to perform a 20-year-ahead forecast. Non- Residential Model Through evaluation of the existing models, 4e. Non- Residential Sales model discussions with Customer' s current consultant, output evaluation of data availability, and statistical analysis, Itron will re-estimate and/or modify the non-residential model or models that will be used to perform a 20-year-ahead forecast. Monthly Revenue by Rate Class - Itron will re- estimate and/or modify the revenue 4f. Class Revenue model output models for each of the five( 5) REU rate classes. The forecast models will be used to generate a 20-year forecast of rate class sales. Monthly System Load Itron will re-estimate and/or modify the REU 5a. 20-year forecast of monthly monthly system load model. The monthly system energy system load model will be used to generate a 5b. System Energy model output 20-year forecast of monthly system energy and monthly peaks. REU Peak Demand Model Itron will re-estimate and/or modify the REU monthly peak demand model. The monthly 6a. 20-year forecast of monthly peak demand model will be used to generate a system peaks 20-year forecast. 6b. System Peak model output Special Load and Revenue Itron will design and implement up to six( 6) 7. Microsoft Excel Report containing Simulations special load and revenue model simulation alternative scenario forecast results. studies in the first calendar year. Itron expects this will include mild and severe weather scenarios, as well as, alternative rate structures. Monthly Model Performance Each month Itron will simulate the system energy 8. Monthly Variance Report in Monitoring and rate class sales and revenue models using Microsoft Excel spreadsheet. actual values for weather and other exogenous variables. The objective of this analysis is to Confidential Page 4 of d, Packet Pg. 63 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services s ` a Services Provided ,,, - Descnption/Comments irt' Deliverables 427- P assess the weather adjusted forecast accuracy of the model' s structure with the understanding that the results are incorporated into reports for senior management. On-Going Forecast/Analytic Itron will provide on-going forecasting/ analytic 9. Varies depending upon request. Support for Budget Process support during the budgeting process. Itron expects this may include forecast vs. forecast comparisons and presentation of the budget forecast to REU senior management. Itron proposes to provide within- year model and forecast updates as may be required by standards of accuracy. Other Special Studies and Itron will provide ad- hoc services upon request 10. Varies depending upon request. Analytic Support which may include, but are not limited to comparative rate analysis, rate design, and REU customer database queries. These requests would be above and beyond those envisioned in the items above and would be agreed to by both parties prior to the work being done. These services are capped at 50 hours per calendar year. If additional hours are required by Customer, services will be provided at the hourly rate specified in the Fees section of this SOW. C.1. Project Schedule The Project schedule is dependent on resource availability after the signed SOW is received by Itron and fully executed. The Project schedule will be defined during the Project Kick-Off meeting as well as roles and responsibilities of the entire project team. Work is anticipated during working hours Monday— Friday. No after hours, weekend, or holiday hours work is anticipated. Additional hours for this project( outside the planned hours of the project) may be available to Customer and may be billed at an over-time rate to be determined based on the Project service work required and will require a Change Order. The Project covers four( 4) forecast cycles. The following table shows the Project tasks and the estimated start and completion dates for each forecast cycle. Project Schedule dates will be adjusted based on the actual start date, but are always dependent on full availability from Customer resources. Ifem Sernce L, y 2. x ql4 r v StartiDate v ComPletetion°Date 4 1 Customer Database Conversion( SAS) November 17, 2014 January 15, 2015 2 Load and Revenue Model Database Data December 1, 2014 February 2, 2015 December 1, 2015 February 2, 2016 December 1, 2016 February 2, 2017 December 1, 2017 February 2, 2018 3 Population Forecast December 1, 2014 February 2, 2015 December 1, 2015 February 2, 2016 December 1, 2016 February 2, 2017 December 1, 2017. February 2, 2018 4 Load, Customers, Sales& Revenue Forecasts December 1, 2014 March 2, 2015 December 1, 2015 March 2, 2016 Confidential Page 5 of Packet Pg. 64 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Item Semceg3, a , x t ,« 4 StartDate. CornptefionDate December 1, 2016 March 2, 2017 December 1, 2017 March 2, 2018 5 Monthly System Energy Forecast December 1, 2014 March 2, 2015 December 1, 2015 March 2, 2016 December 1, 2016 March 2, 2017 December 1, 2017 March 2, 2018 6 Peak Demand Forecast December 1, 2014 March 2, 2015 December 1, 2015 March 2, 2016 December 1, 2016 March 2, 2017 December 1, 2017 March 2, 2018 7 Special Load and Revenue Simulations As needed 8 Monthly Variance Report 2nd week of the subsequent month beginning May 2015 9 Ongoing Support As needed 10 Other Special Studies As needed C2. Assumptions This section provides the key assumptions for the Project. 1. Customer will furnish all facilities and related services at Customer's site that are required by Itron personnel engaged to perform the Services under this SOW. 2. Customer will appoint a technically qualified Project Manager who will be the key point of contact for Itron related to the Services provided under this SOW. 3. This contract will end December 31, 2018. Extension of contract on an annual basis after this date will be considered. 4. If Itron decides to procure economic forecasts in lieu of updating Customer's current economic forecast, Itron will pay for the third-party forecasts. 5. If Customer chooses to join Itron' s Energy Forecasting Group( EFG) during the Project, EFG Membership would be covered under a separate Membership Agreement. 6. If Customer chooses to license Itron' s forecasting software MetrixND during this Project, licensing would be covered under a separate Annual Term Software License and Maintenance Agreement. Confidential Page 6 of Packet Pg. 65 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services k' wg Selrride tees 8 RelatOlDetalls Total fees for the Project are estimated/ calculated to be$ 226,000( USD) on fixed fee basis. The hourly rates for services exceeding 50 hours per year for the Other Special Studies and Analytic Support task are shown below. Name Title Rate Dr. J. Stuart McMenamin Senior Economist 300 Andy Sukenik Principal Consultant 200 Mark Quan Principal Consultant 200 Dr. Molly Du Senior Consultant 175 These fees are based upon Itron' s recommended engagement approach, staffing levels, scope of the Project and Project Schedules as outlined in this SOW. Modifications to any of these factors will result in changes to the estimated fees. Any changes that affect Itron' s engagement approach, staffing levels, scope of the Project and Project Schedules will follow the Change Control Process described in this SOW. Itron will invoice Customer as specified in the table below for Services performed and for costs incurred. If at any point, there is reason to believe that this amount will be exceeded; Itron will immediately notify Customer as to the changes in the estimate and issue a Change Order, which will be approved by Customer. Customer shall pay all taxes, if any, due for Services provided by Itron to Customer under this SOW. Calendar Year Fee Due Date 2015 30,000 Dec. 31, 2014 2015 40,480 Acceptance of items 4, 5, and 6 in the Project Schedule 2015 15,000 Oct 31, 2015 2016 15,000 Jan. 31, 2016 2016 25,000 Acceptance of items 4, 5, and 6 in the Project Schedule 2016 6,840 Oct 31, 2016 2017 15,000 Jan. 31, 2017 2017 25,000 Acceptance of items 4, 5, and 6 in the Project Schedule 2017 6,840 Oct 31, 2017 2018 15,000 Jan. 31, 2018 2018 25,000 Acceptance of items 4, 5, and 6 in the Project Schedule 2018 6,840 Oct 31, 2018 Confidential Page 7 of9 Packet Pg. 66 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Nom...:.. I Travel and related expenses are not included in the cost estimates. Actual, reasonable travel and related expenses will be billed directly to Customer on a monthly basis and amounts must be approved in advance by Customer. Note: Itron commits to minimizing its expenses wherever possible by taking advantage of advance purchase discounts and corporate travel arrangements. S i ChangePControProcess 4 : _ An Itron Change Order Form(" Change Order") will be used for communicating changes to this SOW. The Change Order must describe the change requested, the rationale for the change, the estimated price and the effect the change will have on the overall Project. All Change Orders must be approved and signed by Customer and Itron. 5 e fir° 7; qe 4 g r(3" tt' wr r Contact and BillingInformation r ° q k r Requesttl 4, ; 04. o Customer Data-i ^ S, Z$ 4 V"0 o 4 4 Contact Name Mark Haddad Contact Phone#( s) 530-339-7383 Contact Email Address [email protected] Physical Location Address( if applicable) 777 Cypress Ave, Redding, CA 96001 Billing Address( if different from above) Same Special Billing Requirements? Need W-9 Purchase Order# Contract# will be assigned and must be included on Invoice Confidential Page 8 of9 Packet Pg. 67 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services G Statement`ofWork Agreement Approval w Customer and Itron agree to the terms of this SOW and by signing below, Customer authorizes Itron to perform the Services detailed herein. Customer Ifron, Inc. Authorized Signature / Authorized Signature Printed Name Printed Name Mark Haddad RICHARD CHRISTENSEN Vice President, Global Financial Planning and Analysts Title Title Itron, Inc. Financial Manager Date Date 1), Z114 Statement of Work Identifier: Technical Forecast/Analytic Consulting Services City of Redding, California SOW Author: Andy Sukenik Date Created: 11/ 3/ 14 Version: 1. 1 Please e-mail or fax a PDF file of the signed SOW to the contact below. E- mailing or faxing only the signature page is acceptable. A fully executed copy will be returned to you electronically in PDF format by e- mail. If an original signed paper agreement is required, please mail the signed SOW to the address below. If mail is used, overnight service is recommended. Please provide a tracking number to Shannon Ashbum. A fully executed copy will be returned to you electronically in PDF format by e-mail and the original signed paper copy will be returned by mail. Itron, Inc. 12348 High Bluff Drive# 210 San Diego, CA 92130 Attn: Shannon Ashburn Fax: 858-724-2690 or pdf and email to shannon.ashburn(cr itron.com. Confidential Page 9 of Packet Pg. 68 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services CITY 0 F CITY OF REDDING REDDINGi 777 CYPRESS AVENUE, REDDING, CA 96001 CALIFORNIA P.O. Box 496071, REDDING, CA 96049- 6071 OFFICE OF THE CITY CLERK PAMELA MIZE, CITY CLERK SARAH SHEETZ, ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX December 13, 2017 Itron, Inc. Attn: Contract Administration 2111 N. Molter Road Liberty Lake, WA 99019 SUBJECT: Itron Professional Services Agreement— Statement of Work, C-6277 Dear Ladies and Gentlemen: Enclosed is a fully executed original of the above subject Agreement between the City of Redding and Itron, Inc., regarding load forecasting services for Redding Electric Utility. If you have any questions regarding this matter, or if we can be of assistance, please contact the Office of the City Clerk at ( 530) 225- 4439. Sincerely, C53,CZ—S Anette Cates Executive Assistant Enclosure c: Lowell Watros/ REU-Resources Finance Packet Pg. 69 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Statement ofWork ENERGY EFFICIENCY FORECAST EVALUATION Redding Electric Utility Author. Andy Sukenik Date: 11/ 14/2017 Version: 1. 6 Itron, Inc. USA www.itron.com 0N p 4) Packet Pg. 70 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services iru Date Author Version Change Reference 8/ 10/ 2017 Andy Sukenik 1. 0 j Date Created 8/ 30/2017 Andy Sukenik 1. 1 Modified scope and fees 9/ 1/ 2017 Shannon Ashburn 1. 2 Changed governing terms to 2014 PSA 10/ 5/2017 Andy Sukenik 1. 3 Modified scope 10/ 20/2017 Andy Sukenik, 1. 4 Modified scope David Simons 11/ 13/ 2017 Andy Sukenik 1. 5 Updated Timeline 11/ 14/ 2017 Shannon Ashburn 1. 6 Removed Attachment A This Statement of Work (" SOW') document defines the activities (" Services") to be performed by Itron, Inc. Itron") for Redding Electric Utility(" Customer") for the Energy Efficiency Forecast Evaluation (" Project"). This SOW is entered into as of this 141h day of November, 2017(" Effective Date") and is governed by the terms and conditions of the Professional Services Agreement(" Agreement') dated 11/ 11/ 2014 by and between Customer and Itron. By signing this SOW, Customer engages Itron to provide the following Services and Deliverables related to the Project: Services Provided Description/Comments Deliverables Solar PV Integration Itron will compare the Navigant Potential Study Solar Microsoft Excel files PV Forecast with the Solar PV Forecasts used to set containing the resulting the 2017 REU Forecast. This will include a forecast inputs. comparison of INV Installed Capacity and Expected Solar PV Output measured in KWh. Packet Pg. 71 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Won Services Provided Description/Comments Deliverables Electric Vehicle Integration Itron will compare the Navigant Potential Study Microsoft Excel file Electric Vehicle Forecast with the EV Forecast used containing the resulting to set the 2017 REU Forecast. This will include a forecast inputs. comparison of the# of Electric Cars as well as KWh consumption. Evaluate Residential Energy Itron will execute the following steps: Microsoft Excel file Efficiency Forecast summarizing the analysis. a. Estimate Monthly Residential Sales using Statistically Adjusted End- Use( SAE) model. The SAE modeling framework incorporates structured variables that combines components from pure econometric and end- use models. This framework utilizes economic drivers( e. g., prices, household size, real income) and Residential End￾Use inputs( e.g., central air-conditioning saturation, central air-conditioning efficiency) along with weather response functions to explain the variation in Monthly Residential Sales. In this step, Itron will employ Regional Efficiency data into the Residential End- Use inputs used in the model. b. Run Residential SAE model simulation with Frozen Efficiency( i. e., constant efficiency). This means Itron will take the Residential SAE model in Step A and hold the efficiency data constant at the Base Year level ( as defined by the Potential Study) throughout the forecast period. Therefore, the model uses the same structured variables, but the efficiency data flowing into the model will be held constant. The result is a forecast scenario which assumes no efficiency gain occurs. c. Compute Cumulative Residential SAE Efficiency Savings with respect to the Navigant Potential Study Base Year. In this step, Itron will take the monthly sales forecast results from Step A, which are generated from floating efficiency data, and the results from Step B, which are generated from constant efficiency data, and compute the delta between the two sets of results. This will be used to compute the Cumulative Residential SAE Efficiency Savings over the forecast period. d. Extract Cumulative Residential Efficiency Savings, based on the Potential Study including Standards, Naturally Occurring Market Adoption, Energy Efficiency Programs). In this step, Itron will gather and organize the necessary data. e. Compare the Potential Study Cumulative Energy Efficiency Savings pulled together in Step D with the Cumulative Residential SAE Efficiency Savings computed in Step C. Confidential Page 3o-`8 Packet Pg. 72 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Uro,, Services Provided Description/Comments Deliverables Evalutate Commercial Energy Itron will execute the following steps: Microsoft Excel file Efficiency Forecast summarizing the analysis. a. Estimate Monthly Commercial Sales using Statistically Adjusted End- Use( SAE) model. The SAE modeling framework incorporates structured variables that combine components from pure econometric and end- use models. This framework utilizes economic drivers( e. g., prices, household size, real income) and Commercial End-Use inputs( e. g., refrigeration saturation, refrigeration efficiency) along with weather response functions to help explain the variation in Monthly Commercial Sales. In this step, Itron will employ Regional Efficiency data into the Commercial End- Use inputs used in the model. b. Run Commercial SAE model simulation with Frozen Efficiency,( i. e., constant efficiency). This means Itron will take the Commercial SAE model in Step A and hold the efficiency data constant at the Base Year level ( as defined by the Potential Study) throughout the forecast period. Therefore, the model uses the same structured variables, but the efficiency data flowing into the model will be held constant. The result is a forecast scenario which assumes no efficiency gain occurs. c. Compute Cumulative Commercial SAE Efficiency Savings with respect to the Navigant Potential Study Base Year. In this step, Itron will take the monthly sales forecast results from Step A, which are generated from floating efficiency data, and the results from Step B, which are generated from constant efficiency data, and compute the delta between the two sets of results. This will be used to compute the Cumulative Commercial SAE Efficiency Savings over the forecast period. d. Extract Cumulative Commercial Efficiency Savings, based on the Potential Study including Standards, Naturally Occurring Market Adoption, Energy Efficiency Programs). In this step, Itron will gather and organize the necessary data. e. Compare the Potential Study Cumulative Energy Efficiency Savings pulled together in Step D with the Cumulative Commercial SAE Efficiency Savings computed in Step C. Documentation Itron will provide a 5- 10 page written narrative of Microsoft Word document the process and results. containing the narrative. Confidential Page 4 of 8 Packet Pg. 73 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services C. 1. Project Schedule The Project schedule is dependent on resource availability after the signed SOW is received by Itron and fully executed. Work is anticipated during working hours Monday— Friday. No after hours, weekend, or holiday hours work is anticipated. Additional hours for this project ( outside the planned hours of the project) may be available to Customer and may be billed at an over-time rate to be determined based on the Project service work required and will require a Change Order. The following table shows the Project tasks and the estimated start and completion dates for the SOW. Project Schedule dates will be adjusted based on the actual start date, but are always dependent on full availability from Customer resources. Itron estimates that the Project will be completed in approximately five ( 5) weeks after the start date. Item Service Est Hours Est Start Est End 1 Solar PV Evaluation 4 12/ 1/ 2017 12/8/2017 2 Electric Vehicle Evaluation 4 12/ 1/ 2017 12/8/2017 3 Residential Energy Efficiency Evaluation 20 12/ 8/2017 1/ 1/ 2018 4 Commercial Energy Efficiency Evaluation 20 12/ 8/2017 1/ 1/ 2018 5 Documentation 20 1/ 1/ 2018 1/ 8/2018 Total Hours 68 C.2. Assumptions This section provides the key assumptions for the Project. 1. Customer will furnish all facilities and related services at Customer's site that are required by Itron personnel engaged to perform the Services under this SOW. 2. Customer will appoint a technically qualified Project Manager who will be the key point of contact for Itron related to the Services provided under this SOW. 3. The Navigant Potential Study provides a comprehensive quantification of cumulative energy efficiency savings from all sources ( standards, naturally occurring market adoption, and state, local, and utility funded programs) with respect to base year levels for Residential and Non- Residential sectors. Should the Potential Study not contain the above information, the estimated fees may require an increase. Packet Pg. 74 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services D. Service Fees & Related Details Total fees for the Project are estimated to be$ 17,000( USD) on a time and materials basis. The hourly rates are listed below and the estimated number of hours is 68. Hourly Staff Title Rate Andy Sukenik Principal Consultant 250 David Simons Senior Analyst 200 These fees are based upon Itron' s recommended engagement approach, staffing levels, scope of the Project and Project Schedules as outlined in this SOW. Modifications to any of these factors will result in changes to the estimated fees. Any changes that affect Itron' s engagement approach, staffing levels, scope of the Project and Project Schedules will follow the Change Control Process described in this SOW. For the purposes of expediency, both parties agree that pricing changes not exceeding 10% of the amount quoted above will not require a change order provided that both parties verify in written form ( such as email) that they agree with the additional charges. Itron will invoice Customer monthly for Services performed and for costs incurred. If at any point, there is reason to believe that this amount will be exceeded; Itron will immediately notify Customer as to the changes in the estimate and issue a Change Order, which will be approved by Customer. Customer shall pay all taxes, if any, due for Services provided by Itron to Customer under this SOW. Travel and related expenses are not included in the cost estimates. Actual, reasonable travel and related expenses will be billed directly to Customer on a monthly basis. Note: Itron commits to minimizing its expenses wherever possible by taking advantage of advance purchase discounts and corporate travel arrangements. E. Change Control Process An Itron Change Order Form (" Change Order") will be used for communicating changes to this SOW. The Change Order must describe the change requested, the rationale for the change, the estimated price and the effect the change will have on the overall Project. All Change Orders must be approved and signed by Customer and Itron. Packet Pg. 75 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services F. Contact and Billing Information Requested Customer Data Contact Name Contact Phone#( s) Contact Email Address Physical Location Address( if applicable) Billing Address( if different from above) Special Billing Requirements? Purchase Order# Confidential Page 7 of 8 Packet Pg. 76 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services G. Statement of Work Agreement Approval Customer and Itron agree to the terms of this SOW and by signing below, Customer authorizes Itron to perform the Services detailed herein. Customer j' I Itron Inc. Authorized Signature Authorized Signature 2------ 314?Lt,i_.)-te t.t.m.tA:a.du Printed Name Printed Name nn '' Ann Daniel Beans J L i t S N I m t I Title Title ikrt&ry r , Ft_n a,ncep Utility Director Date Date i2 - 5 ' 17 11, ? 11 Statement of Work Identifier: Energy Efficiency Forecast Evaluation Redding Electric Utility SOW Author: Andy Sukenik Date Created: 11/ 14/2017 Version: 1. 6 Please e- mail or fax a PDF file of the signed SOW to the contact below. E- mailing or faxing only the signature page is acceptable. A fully executed copy will be returned to you electronically in PDF format by e- mail. If an original signed paper agreement is required, please mail the signed SOW to the address below. If mail is used, overnight service is recommended. Please provide a tracking number to Shannon Ashburn. A fully executed copy will be returned to you electronically in PDF format by e- mail and the original signed paper copy will be returned by mail. ATTEST Itron, Inc. 2111 N. Molter Rd. i J Liberty Lake, WA 99019 T l' Attn: Contract Administration PAMELA M n, C: ityrk email to shannon.ashburnitron.com. Form Approved AC . if A-. -../ a- E.DeWalt City Attorney Confidential Page 8 of 8 Packet Pg. 77 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services CITYO F CITY OF REDDING REDDIN 777 CYPRESS AVENUE, REDDING, CA 96001 C A L I I O R N I A P.O. Box 496071, REDDING, CA 96049- 6071 A OFFICE OF THE CITY CLERK PAMELA MIZE, CITY CLERK SHARLENE TIPTON, ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX January 17, 2019 Itron, Inc Attn: Contract Administration 2111 N. Molter Road Liberty Lake, WA 99019 SUBJECT: Itron Professional Services Agreement— Statement of Work—C- 6277 Dear Contract Administrator, Enclosed is a fully executed original of the above referenced Agreement by and between the City of Redding and Itron, Inc. regarding load forecasting services for Redding Electric Utility. If you have any questions regarding this matter, or if we can be of assistance, please contact the Office of the City Clerk at ( 530) 225- 4439. Sincerely, Joan Twomey Executive Assistant Enclosure c: Valerie Ibarra, Joe Bowers Finance Packet Pg. 78 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Statement of Work TECHNICAL FORECAST AND ANALYTIC CONSULTING SERVICES City of Redding, California Author. Andy Sukenik Date: 11- 28-18 Version: 1. 0 Itron, Inc. USA www.itron.com 9 J1 J 1 Packet Pg. 79 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Iron A. Change Record Date Author Version Change Reference 11- 28- 18 Andy Sukenik 1. 0 Date Created B. Introduction This Statement of Work(" SOW') document defines the activities(" Services") to be performed by Itron, Inc. Itron") for City of Redding (" Customer) for Technical Forecast and Analytic Consulting Services(" Project'). This SOW is entered into as of this 28th day of November, 2018(" Effective Date") and is governed by the terms and conditions of the Itron Professional Services Agreement(" Agreement') dated 11/ 11/ 14 by and between Customer and Itron. C. Project Scope By signing this SOW, Customer engages Itron to provide the following Services and Deliverables related to the Project: Services Provided Description/Comments Deliverables Database Updates Customer Database 1. REU customer database Itron will work with Vertex to maintain the formats of converted to SAS the data tables and queries used to meet data requests, and maintain the existing REU customer database in SAS. This effort includes the following: Maintain the interface which imports the monthly REU customer data extracts from the City of Redding's Customer Service Division into the new customer database. Maintain aggregation logic within the customer database to facilitate class-level roll-ups and other required transformations. Load and Revenue Model Database 2. The Load and Revenue Itron will extract and organize the data in either Model Database, which will Microsoft Excel or Microsoft Access databases, be stored in a MetrixND except for the customer-level data, which will be project file. Data from the stored in SAS data sets. Once the data is imported Load and Revenue into MetrixND and MetrixLT, the data can will be Database( includes class inspected graphically, and transformed as needed for sales, class revenue, actual modeling purposes. and normal weather, and Itron will incorporate the following data into the load economic data) can be and revenue models. These data will be supplied to provided in Microsoft Excel Itron by REU. spreadsheets at no additional Confidential PagePacket Pg. 80 2 of 8 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services I r• e Services Provided Description/Comments Deliverables cost at the request of REU Meter Read Schedule( Historical and Customer. Forecasted) Weather Data: Itron will compute actual and normal heating and cooling degree- day variables on a cycle and calendar month basis. These calculations will be performed in the Itron MetrixLT software. Economic Data: Itron will evaluate existing approach for developing an economic forecast. Itron will generate the economic forecast by updating and/or modifying the existing approach. The forecasts will include local area economic data including employment, building permits, and price indices. Itron will store the economic data in Microsoft Excel spreadsheets and managed in the MetrixND project file. Model and Forecast Updates Population Model The following forecast Itron will maintain the existing population model and outputs will be delivered in update the 20- year population forecast. Itron expects Microsoft Excel the update will incorporate historical estimates of spreadsheets. population, net population migration, and natural 3. 20-year population increase( births— deaths). forecast Load and Revenue Models Itron will re-estimate the monthly REU load and revenue model and update the associated 20- year forecasts. Monthly Customers by Rate Class: Itron will re- estimate and/or modify the customer models for each of the five( 5) REU rate classes Monthly Sales by Rate Class: Itron will re￾estimate and/or modify the sales models for 4a. 20-year customer each of the five( 5) REU rate classes. The forecast by rate class forecast models will be used to generate a 4b. 20-year forecast of rate 20-year forecast of rate class sales. class sales 4c. 20-year forecast of rate class revenues Residential Model Itron will maintain the Residential Statistically 4d. Residential Sales and Adjusted End Use( SAE) model. This includes updating the model with the most recent end use Revenue model output saturation and efficiency data for the Pacific Region which underlies the EIA's most recent Annual Energy Outlook( AEO) forecast. Non-Residential Model Itron will maintain the Non- Residential Statistically Adjusted End Use( SAE) model. This includes 4e. Non- Residential Sales updating the model with the most recent end use model output saturation and efficiency data for the Pacific Region Confidential PagePacket Pg. 81 3 of 8 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Won Services Provided Description/Comments Deliverables which underlies the EIA's most recent Annual Energy Outlook( AEO) forecast. Monthly Revenue by Rate Class Itron will re-estimate and/or modify the revenue models for each of the five( 5) REU rate classes. 4f. Class Revenue model The forecast models will be used to generate a 20- output year forecast of rate class sales. Monthly System Load Itron will re-estimate and/or modify the REU monthly 5a. 20-year forecast of system load model. The monthly system load model monthly system energy will be used to generate a 20-year forecast of monthly 5b. System Energy model system energy and monthly peaks. output REU Peak Demand Model Itron will re-estimate and/or modify the REU monthly 6a. 20-year forecast of peak demand model. The monthly peak demand monthly system peaks model will be used to generate a 20-year forecast. 6b. System Peak model output Special Load and Revenue Itron will design and implement up to six( 6) special 7. Microsoft Excel Report Simulations load and revenue model simulation studies in the first containing alternative calendar year. Itron expects this will include mild and scenario forecast results. severe weather scenarios, as well as, alternative rate structures. Monthly Model Performance Each month, Itron will simulate the system energy 8. Monthly Variance Report Monitoring and rate class sales and revenue models using in Microsoft Excel actual values for weather and other exogenous spreadsheet. variables. The objective of this analysis is to assess the weather adjusted forecast accuracy of the model's structure with the understanding that the results are incorporated into reports for senior management. On-Going Forecast and Analytic Itron will provide on-going forecasting and analytic 9. Varies depending upon Support for Budget Process support during the budgeting process. Itron expects request. this may include forecast vs. forecast comparisons and presentation of the budget forecast to REU senior management. In addition, this will include decomposition of the monthly forecast to define the impact of Solar PV, Electric Vehicles, and Energy Efficiency measures. Itron proposes to provide within-year model and forecast updates as may be required by standards of accuracy. Other Special Studies and Itron will provide ad-hoc services upon request which 10. Varies depending upon Analytic Support may include, but are not limited to comparative rate request. analysis, rate design, and REU customer database queries. These requests would be above and beyond those envisioned in the items above and would be agreed to by both parties prior to the work being done. These services are capped at 50 hours per calendar year. If additional hours are required by Customer, Confidential PagePacket Pg. 82 4 of 8 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Ion Services Provided Description/Comments Deliverables services will be provided at the hourly rate specified in the Fees section of this SOW. C.1. Project Schedule The Project schedule is dependent on resource availability after the signed SOW is received by Itron and fully executed. The Project schedule will be defined during the Project Kick-Off meeting as well as roles and responsibilities of the entire project team. Work is anticipated during working hours Monday- Friday. No after hours, weekend, or holiday hours work is anticipated. Additional hours for this project( outside the planned hours of the project) may be available to Customer and may be billed at an over-time rate to be determined based on the Project service work required and will require a Change Order. The following table shows the Project tasks and the estimated start and completion dates for the SOW. Project Schedule dates will be adjusted based on the actual start date, but are always dependent on full availability from Customer resources. The Project will start December 1, 2018 and be completed by December 31, 2022. Item Service Est Start Est End 1 Customer Database Maintenance( SAS) Monthly Monthly 2 Load and Revenue Model Database Data December 1, 2018 February 2, 2019 December 1, 2019 February 2, 2020 December 1, 2020 February 2, 2021 December 1, 2021 February 2, 2022 3 Population Forecast December 1, 2018 February 2, 2019 December 1, 2019 February 2, 2020 December 1, 2020 February 2, 2021 December 1, 2021 February 2, 2022 4 Load, Customers, Sales& Revenue Forecasts December 1, 2018 March 2, 2019 December 1, 2019 March 2, 2020 December 1, 2020 March 2, 2021 December 1, 2021 March 2, 2022 5 Monthly System Energy Forecast December 1, 2018 March 2, 2019 December 1, 2019 March 2, 2020 December 1, 2020 March 2, 2021 December 1, 2021 March 2, 2022 6 Peak Demand Forecast December 1, 2018 March 2, 2019 December 1, 2019 March 2, 2020 December 1, 2020 March 2, 2021 December 1, 2021 March 2, 2022 7 Special Load and Revenue Simulations As needed 8 Monthly Variance Report 2nd week of the subsequent month beginning May 2019 9 On-Going Forecast and Analytic Support for As needed Budget Process 10 Other Special Studies and Analytic Support As needed Confident!a! PagePacket Pg. 83 5 of 8 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Iron C.2. Assumptions This section provides the key assumptions for the Project. 1. Customer will furnish all facilities and related services at Customer's site that are required by Itron personnel engaged to perform the Services under this SOW. 2. Customer will appoint a technically qualified Project Manager who will be the key point of contact for Itron related to the Services provided under this SOW. D. Service Fees & Related Details Total fees for the Project are calculated to be$ 233,237( USD) on a Fixed Fee basis. The hourly rates for services exceeding 50 hours per year for the Other Special Studies and Analytic Support task are shown below. Hourly Rates Name Title 2019 Rate 2020 Rate 2021 Rate 2022 Rate Andy Sukenik Principal Consultant 250.00 257.50 $ 265.23 $ 273. 19 Dr. Molly Du Senior Consultant 200.00 202.60 $ 205.23 $ 207.90 David Simons Senior Analyst 200.00 202.60 $ 205.23 $ 207.90 Billing Schedule Calendar Year Fee Estimated Invoice Date 2019 55,750 March 15, 2019 2020 57,423 March 15, 2020 2021 59, 145 March 15, 2021 2022 60,920 March 15, 2022 These fees are based upon Itron' s recommended engagement approach, staffing levels, scope of the Project and Project Schedules as outlined in this SOW. Modifications to any of these factors will result in changes to the estimated fees. Any changes that affect Itron's engagement approach, staffing levels, scope of the Project and Project Schedules will follow the Change Control Process described in this SOW. For the purposes of expediency, both parties agree that pricing changes not exceeding 10% of the amount quoted above will not require a change order provided that both parties verify in written form ( such as email) that they agree with the additional charges. Itron will invoice Customer annually as specified in the Billing Schedule table above for Services performed and for costs incurred. If at any point, there is reason to believe that this amount will be exceeded; Itron will immediately notify Customer as to the changes in the estimate and issue a Change Order, which will be approved by Customer. Customer shall pay all taxes, if any, due for Services provided by Itron to Customer under this SOW. Travel and related expenses are not included in the cost estimates. Actual, reasonable travel and related expenses will be billed directly to Customer on a monthly basis. Note: Itron commits to minimizing its expenses wherever possible by taking advantage of advance purchase discounts and corporate travel arrangements. Confidential PagePacket Pg. 84 6 of 8 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Iron E. Change Control Process An Itron Change Order Form (" Change Order") will be used for communicating changes to this SOW. The Change Order must describe the change requested, the rationale for the change, the estimated price and the effect the change will have on the overall Project. All Change Orders must be approved and signed by Customer and Itron. F. Contact and Billing Information Requested Customer Data Contact Name Joe Bowers Contact Phone#( s) 530-339-7377 Contact Email Address jbowers@cityofredding. org Physical Location Address( if applicable) Billing Address( if different from above) Special Billing Requirements? Purchase Order# Confidential PaaaePacket Pg. 85 7 of 8 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Hron G. Statement of Work Agreement Approval Customer and Itron agree to the terms of this SOW and by signing below, Customer authorizes Itron to perform the Services detailed herein. Customer Itron, Inc. Authorized Signature Authorized Signature gd/f/r Printed Na a Printed Name Barry Tippin IRO c - 'Fae'CO tA) Title Title City Manager P 7' r-tuw` 7 Date Date 1p 0 • 11 Statement of Work Identifier: Technical Forecast/Analytic Consulting Services City of Redding, California SOW Author: Andy Sukenik Date Created: 11/ 28/ 18 Version: 1. 0 ATTEST: 11 rL1" 11 PAME MIZE, C,,y.` lark 0 Form Approved 7 - 11 d-, 1r.' Confidential PagePacket Pg. 86 8 of 8 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services 4111 Packet Pg. 87 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services CITY OF CITY OF REDDING F EDDII %I 777 CYPRESS AVENUE, BEDDING. CA 96001 C A L i fE)r R t t i P.O. Box 49607 1, REDOING, CA 96049- 6071 OFFICE OF THE CITY CLERK PAMELA MIZE, CITY CLERK SHARLENE TIPTON, ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX August 22, 2019 Itron, Inc Contract Administration 2111 N. Molter Road Liberty Lake, WA 99019 SUBJECT: Third Amendment to Consulting and Professional Services Contract, C- 6277 Dear Contract Administer, Enclosed please find the fully executed original of the above referenced First Amendment to Consulting and Professional Services Contract by and between the City of Redding and Itron, Inc for the purpose of Load forecasting. If you have any questions regarding this matter, or if we can be of assistance, please contact the Office ofthe City Clerk at ( 530) 225- 4044. Sincerely, Joan Twomey Executive Assistant Enclosure cc: Ibarra Bowers REU Contracts Grannis Packet Pg. 88 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services it/`ern Itron Change Order Form Customer Name: City of Redding, California Statement of Work Name: Technical Forecast and Analytic Consulting Services SOW Effective Date: 11- 28- 18 Change Order #: 1 Customer Itron, Inc. Name Barry Tippin Name 04- arrow Title City Manager Title V?-- freG51 01 Date DateS' ( 1 v r 9 ffective Date) Professional Services: i Billable r Non-billable Purpose Description Total Adding additional Project Scope to SOW to Labor 194,619. 00 provide Hourly Long-Term Forecasting Services detailed below) Other Changes: 1. The following additional Services are being added to the Project and SOW Section C. Project Scope: Services Provided Description/Comments Deliverables Estimate Energy Efficiency and Itron will leverage the existing Statistically Adjusted Excel Report displaying a New Technology Impacts End Use( SAE) modeling framework to produce an comparison of the results: estimate of the following concepts inherent in the a. Forecast vs Forecast REU Sales and Energy forecasts: b. Forecast vs Potential Residential Energy Efficiency Study Non- Residential Energy Efficiency Solar PV Electric Vehicles These values will be compared to the most recent ATTEST` Potential Study( Navigant 2017). Form Approved J r , , J pAMELA M , City A e: „ . • eWalt City Attorney Packet Pg. 89 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Services Provided Description/Comments Deliverables Residential and Commercial End Itron will leverage the existing Statistically Adjusted The end use forecast outputs Use Forecast End Use( SAE) modeling framework to disaggregate will be delivered in Microsoft the Residential and Non- Residential Sales Forecasts Excel spreadsheets. into the following end use components: Residential Heating Residential Cooling Residential Lighting Residential Water Heating Residential Cooking Residential Drying Residential Other Non- Residential Heating Non- Residential Cooling Non- Residential Lighting Non- Residential Water Heating Non- Residential Cooking Non- Residential Other Solar PV Electric Vehicles Battery Storage System Hourly Load Model Itron will develop a modeling framework designed to Excel file containing the generate an hourly system load shape forecast which projected load shapes by can be disaggregated into the following components: component. System Heating System Cooling System Base Non- HVAC Hourly Load Shapes Itron will leverage its EShapes library, developed Excel file containing the based on building simulations and maintained at the projected end use load state-level, to provide hourly load shapes of the shapes. following: Residential Lighting Residential Water Heating Residential Cooking Residential Drying Non- Residential Lighting Non- Residential Water Heating Non- Residential Cooking New Technology Hourly Load Itron will develop a modelling framework designed to Excel file containing the Shapes generate an hourly load shape for the following New projected New Technology Technologies: load shapes. Solar PV Electric Vehicles Battery Storage 2 Packet Pg. 90 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Services Provided Description/Comments Deliverables Typical Weather Pattern Itron will develop a Typical Weather Pattern( TWP) to Excel file containing the drive the hourly load shape forecasts. As described Typical Weather Pattern. in the proposal, the TWP will contain an appropriate mix of mild, normal, and severe weather while preserving the proper correlation among key concepts including temperature and cloud cover. Hourly Forecast Calibration Itron will calibrate the long-term hourly load shapes Excel file containing the with annual target energy by end use and new calibrated hourly forecasts. technology component. System Peak Model Update Itron will enhance the System Peak models based on Excel file containing the information gathered through the bottom- up hourly updated peak forecast. forecasting process. Alternative Hourly Forecast At the request of Customer, Itron will provide up to Excel file containing the Scenarios three( 3) alternative forecast scenarios per year. alternative hourly forecast. Hourly Forecast Documentation Itron will document the Hourly Forecast process. Microsoft Word document containing a report describing the process upon delivery in 2019. Power Point slides containing a summary of the results( provided annually). 2. The SOW table under Section C.1 Project Schedule is replaced with the following: Item Service Est Start Est End 1 Customer Database Maintenance( SAS) Monthly Monthly 2 Load and Revenue Model Database Data December 1, 2018 February 2, 2019 December 1, 2019 February 2, 2020 December 1, 2020 February 2, 2021 December 1, 2021 February 2, 2022 3 Population Forecast December 1, 2018 February 2, 2019 December 1, 2019 February 2, 2020 December 1, 2020 February 2, 2021 December 1, 2021 February 2, 2022 4 Load, Customers, Sales& Revenue Forecasts December 1, 2018 March 2, 2019 December 1, 2019 March 2, 2020 December 1, 2020 March 2, 2021 December 1, 2021 March 2, 2022 5 Monthly System Energy Forecast December 1, 2018 March 2, 2019 December 1, 2019 March 2, 2020 December 1, 2020 March 2, 2021 December 1, 2021 March 2, 2022 6 Peak Demand Forecast December 1, 2018 March 2, 2019 December 1, 2019 March 2, 2020 December 1, 2020 March 2, 2021 December 1, 2021 March 2, 2022 7 Special Load and Revenue Simulations As needed 8 Monthly Variance Report 2nd week of the subsequent month beginning May 2019 9 On-Going Forecast and Analytic Support for As needed Budget Process 10 Other Special Studies and Analytic Support As needed 3 Packet Pg. 91 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Item Service Est Start Est End 11 Estimate Energy Efficiency and New Technology July 1, 2019 November 1, 2019 Impacts January 1, 2019 March 1, 2020 January 1, 2020 March 1, 2021 January 1, 2021 March 1, 2022 12 Residential and Commercial End Use Forecast July 1, 2019 November 1, 2019 January 1, 2019 March 1, 2020 January 1, 2020 March 1, 2021 January 1, 2021 March 1, 2022 13 System Hourly Load Model August 1, 2019 November 1, 2019 January 1, 2019 March 1, 2020 January 1, 2020 March 1, 2021 January 1, 2021 March 1, 2022 14 Non- HVAC Hourly Load Shapes September 1, November 1, 2019 2019 March 1, 2020 January 1, 2019 March 1, 2021 January 1, 2020 March 1, 2022 January 1, 2021 15 New Technology Hourly Load Shapes September 1, December 1, 2019 2019 March 1, 2020 January 1, 2019 March 1, 2021 January 1, 2020 March 1, 2022 January 1, 2021 16 Typical Weather Pattern October 1, 2019 December 1, 2019 January 1, 2019 March 1, 2020 January 1, 2020 March 1, 2021 January 1, 2021 March 1, 2022 17 Hourly Forecast Calibration November 1, 2019 December 1, 2019 January 1, 2019 March 15, 2020 January 1, 2020 March 15, 2021 January 1, 2021 March 15, 2022 18 System Peak Model Update November 1, 2019 December 1, 2019 January 1, 2019 March 1, 2020 January 1, 2020 March 1, 2021 January 1, 2021 March 1, 2022 19 Alternative Hourly Forecast Scenarios As Requested As Requested 20 Hourly Forecast Documentation July 1, 2019 December 31, 2019 January 1, 2019 April 1, 2020 January 1, 2020 April 1, 2021 January 1, 2021 April 1, 2022 3. The first sentence of the SOW Section D. Service Fees & Related Details is deleted and replaced with the following: Total fees for the Project are calculated to be$ 427,856 ( USD) on a Fixed Fee basis." The SOW Billing Schedule table in Section D. Service Fees & Related Details is deleted and replaced with the following: 4 Packet Pg. 92 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Billing Schedule Calendar Year Milestone Fee Estimated Invoice Date 2019 Sales and Revenue $ 55,750 March 15, 2019 Forecast Delivery 2019 Hourly Forecast 83,760 December 15, 2019 Delivery 2020 Sales and Revenue $ 57,423 March 15, 2020 Forecast Delivery 2020 Hourly Forecast 35,866 April 15, 2020 Delivery 2021 Sales and Revenue $ 59,145 March 15, 2021 Forecast Delivery 2021 Hourly Forecast 36,942 April 15, 2021 Delivery 2022 Sales and Revenue $ 60,920 March 15, 2022 Forecast Delivery 2022 Hourly Forecast 38,050 April 15, 2022 Delivery 5 Packet Pg. 93 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services PAMELA MIZE, CITY CLERK SHARLENE TIPTON, ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX Itron, Inc. Attn: Contract Administration 2111 N. Molter Road Liberty Lake, WA 99019 777 CYPREss AVENUE, RENDING, CA 96001 P.O. Box 49607 1, REDDING, CA 96049- 6071 November 1, 2021 SUBJECT: Fourth Amendment to Consulting and Professional Services Contract, C- 6277 Dear Contract Administrator, Enclosed please find the fully executed copy of the above referenced Fourth Amendment to Consulting and Professional Services Contract by and between the City of Redding and Itron, Inc. regarding additional project scopes to Statement of Work. If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City Clerk at ( 530) 225- 4055. Sincerely, Luisa Klapperich Executive Assistant, 11 Enclosure cc: Maggiore Bowers Grannis Packet Pg. 94 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services Itron Change Order Form Customer Name: City of Redding, California Statement of Work Name: Technical Forecast and Analytic Consulting Services ( C-6277) Custome By Name Dan Beans Title Director- REU Date Professional Services: Billable r Non -billable By Name Title VP :: 44 6rnag2L, --Ii; ac Date /_ 7 pap I V ( Effective Date) Purpose Descriptio Adding additional Project Scope to SOW to $ 25,720.00 provide Hourly Long -Term Forecasting Services detailed below) NEEZE 0 1. The following additional Services are being added to the Project and SOW Section C. Project Scope: Servl*ces ProviWed Descniption/Comments Defiverables Setup Itron wil configure a system -level hourly load forecast Excel File containing the model, customized specificatIly to produce an forecast results accurate projection over the short and medium-term forecast window (one -day ahead, to 18 -months ahead). Monthly Forecast Itron it refine the models on a monthly basis based Excel File containing the on the recent trends. i forecast results 2. The SOW table under Section C.1 Project Schedule is replaced with the followin ATTEbM J 'J! Packet Pg. 95 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services 3. The first sentence of the SOW Section D. Service Fees & Related Details is deleted and replaced with the following: Total fees for the Project are calculated to be $ 453, 576 ( USD) on a Fixed Fee basis." The following items are added to the SOW Billing Schedule table in Section D. Service Fees & Related Details and as amended in Change Order 1: Calendar Year Milestone Fee Est End 2021 Set Up 10, 720 9/30/2021 2021 Monthly Forecast Delivery 3, 000 October 15, 2021 3. The first sentence of the SOW Section D. Service Fees & Related Details is deleted and replaced with the following: Total fees for the Project are calculated to be $ 453, 576 ( USD) on a Fixed Fee basis." The following items are added to the SOW Billing Schedule table in Section D. Service Fees & Related Details and as amended in Change Order 1: Calendar Year Milestone Fee Estimated Invoice Date 2021 Set Up 10, 720 October 15, 2021 2021 Q4 Monthly Fees 3, 000 October 15, 2021 2022 Q1 Monthly Fees 3, 000 January 15, 2022 2022 Q2 Monthly Fees 3,000 April 15, 2022 2022 Q3 Monthly Fees 3, 000 July 15, 2022 2022 Q4 Monthly Fees 3,000 October 15, 2022 I Packet Pg. 96 Attachment: Consulting Agreement with Amendment Nos. 1-4 (C-6277) (4.5(b)--Approve Fifth Amendment to Itron, Inc. Professional Services CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Approve the Fourth Amendment to the Consulting and Professional Services Agreement with North State Security, Inc., (C-7766) authorizing the following: (1) Security services at various City of Redding-owned locations and City of Redding parks, including seven new facilities, and extension of the contract expiration date to July 31, 2023; (2) Including an average rate increase of five percent for existing locations and an overall contract increase of 34 percent for Fiscal Year 2022-23; and (3) Authorize the City Manager, or designee, to execute the amendment. Fiscal Impact The overall increase to the contract for Fiscal Year (FY) 2022-23 is $48,042. The rate increase was anticipated and budgeted during the Biennial FY 2021-23 budget and the appropriate departments have adequate funds budgeted to accommodate the increase for continued and additional security services. No additional appropriations are needed. Alternatives Action The City Council (Council) could choose not to approve the proposed extension and rate increase and provide the staff with an alternate direction. The City of Redding (City) would enter into a month-to-month agreement with the current provider, North State Security (NSS), for the interim period. This action would require staff to prepare and publish a new Request for Proposals and then select and award a contract to a new service provider. Background Recognizing that the City has significant investments in facilities that need protection from vandals, burglars, and fire, it has contracted for additional security services. Currently, these MEETING DATE: May 17, 2022 ITEM NO. 4.6(a) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4.6(a)-- Approve Fourth Amendment to Security Agreement C-7766 with North State Security to Provide Security Services at Various City Locations Kim Niemer, Community Services Director Packet Pg. 97 Report to Redding City Council May 9, 2022 Re: 4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services Page 2 services are provided by NSS. The scope of work includes a combination of onsite security personnel and patrol services for a variety of City facilities including, among others, City Hall, the Corporation Yard, RABA, Benton Airpark, the Redding Power Plant, the REU Offices and Avtech Building, and various City parks. The current agreement requires the Council’s approval when significant changes are made to the scope of work and when the annual contract cost increases by more than ten percent. The annual cost of the contract proposed for FYE 2023 represents an overall increase of 34 percent above the FYE 2022 cost. This increase is primarily due to the addition of new locations: • Buckeye Water Treatment Plant • Foothill Water Treatment Plant • Pump Station 1 • Pump Station 3 • Pump Station 5 • Martin Luther King Jr Center Additional security was requested due to repeated break-ins and vandalism at these locations. The amendment also covers increases averaging five percent for hourly services and patrols at all City-locations covered under the current agreement. NSS has provided the City with security services for many years and its security personnel works well with City staff to meet the City’s needs. Extending the contract and approving the proposed rate increases will ensure a continuity of service. Council Priority/City Manager Goals • Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Attachments NSS_Fourth Amendment (C-7766) Exhibit A (C-7766) Exhibit B (C-7766) North State Security Contract (C-7766) NSS_First Amendment (C-7766) NSS_Second Amendment (C-7766) NSS_Third Amendment (C-7766) Packet Pg. 98 Packet Pg. 99 Attachment: NSS_Fourth Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 100 Attachment: NSS_Fourth Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A Page 1 of 11 CITY OF REDDING SCOPE OF WORK SECURITY SERVICES GENERAL Services shall be performed to the satisfaction of the City of Redding Parks and Facilities Manager and the Assistant Director of Public Works. Failure to perform the security services in accordance with the proposal, specifications, and to the satisfaction of the Parks and Facilities Manager of the City of Redding shall be grounds for cancellation by the City of Redding. Security personnel will provide patrol and surveillance services or any other duties the City of Redding Parks and Facilities Manager deems appropriate throughout all noted locations. Security personnel shall maintain two-way radio or cellular telephone contact with their headquarters and shall be equipped with radios or cellular telephones having the capability to conduct two-way conversations with the Redding Police Department, and/or other law enforcement agencies. In the event that security personnel need assistance due to an inability to handle a situation, requests for assistance from the Redding Police Department shall be in accordance with industry protocol. REPORTS 1. Daily Reports Contracting security agency shall keep legible, current, and accurate records to support invoices rendered. These records shall include but not be limited to daily activity reports of security guards, defining all actions performed by them in fulfilling the requirements of this contract. Daily activity reports shall begin with the time the security guard enters a City facility and end with the time the security guard departs. Daily activity reports shall be emailed to the Parks and Facilities Manager and the Building Maintenance Administrative Assistant each morning by 8:00 a.m. 2. Occurrences or incidents at all facilities that are serious in nature shall be reported on an individual basis within 24 hours, followed by a full written report (or other agreed upon format), which shall be delivered within seven (7) days. For all locations except RABA, Benton Airpark and the Redding Power Plant, the contact is the Parks and Facilities Manager. For RABA, the contact is the Assistant Director of Public Works. For Benton Airpark, the contact is the Airports Manager. For the Redding Power Plant, the contact is RPP Electric Manager. Packet Pg. 101 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A Page 2 of 11 3. Monthly Work Schedule Successful contractor agrees to furnish to the Parks and Facilities Manager and the Assistant Director of Public Works, completed monthly work schedules as follows: a. The contract’s first month’s working schedule(s) of personnel assigned and hours to be worked to fulfill the requirements of the contract shall be delivered a minimum of ten (10) working days prior to the effective date of any contract resulting from this proposal. b. A monthly schedule of personnel assigned and hours to be worked to fulfill the requirements of the contract shall be delivered no later than the last working day of the month preceding the effective date of the new monthly schedule. c. If a new-to-the-City security employee is scheduled a copy of their guard card along with a picture ID and work history is to be submitted to the Parks and Facilities Manager for approval. 4. Benton Airport Weekly report emailed to Airports Manager at [email protected] to include who patrolled and at what time. a. Nightly aircraft parking log report, prepared after 2:00 a.m., emailed to Airports Manager at [email protected] within 24-hours. b. Nightly report regarding tampering to be emailed to Airports Manager at [email protected] along with parking log. c. Security guard will be provided with parking logs to verify and document aircraft tail numbers. HOLIDAY SCHEDULE The City has 10 fixed holidays a year whereby many buildings are closed, and thus “holiday pay” is recognized. These days are: January 1st Martin Luther King, Jr. Day (third Monday in January) *Provide service to RABA President’s Day (third Monday in February) *Provide service to RABA Memorial Day (last Monday in May) July 4th Independence Day Labor Day (first Monday in September) Thanksgiving Day (4th Thursday in November) Day After Thanksgiving (4th Friday in November) *Provide service to RABA the last half of the normal work shift prior to Christmas Day Christmas day (December 25th) Packet Pg. 102 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A Page 3 of 11 If any of the foregoing holidays fall on a Sunday, the holiday for employees will be observed on the following Monday. Likewise, if the holiday falls on a Saturday, employees will observe it on the preceding Friday. Clear Creek Wastewater Treatment Plant, Stillwater Wastewater Treatment Plant, and Benton Airport are exempt from the holiday schedule. These locations require services 7 days a week/365 days a year. SECURITY SCHEDULE See addresses on Exhibit A - Proposal Form. 1. CIVIC CENTER/SCULPTURE GARDEN/LIBRARY Seven (7) Days a Week; (Sunday through Saturday): Provide parking lot patrol from 4:45 p.m. to 5:30 p.m. Monday through Friday (Except holidays and furloughs). From 5:30 p.m. to 6:00 p.m., conduct internal building inspections of the Civic Center to assure that office doors are locked, internal alarm panels are set and indicate no problems (Aactive alarms@ are located in Personnel, Treasurer, and City Clerk), and that the building is empty of non-employees or those attending a City-sanctioned event. Security guard shall also check that all exterior points of entry at the Civic Center are secure. Security guard shall check the Sculpture Garden, paying close attention as to whether or not any acts of vandalism have taken place. Security guard shall secure the locked parking area on the southeast section of the property. One security guard shall be on-site at the Civic Center/Sculpture Garden/Library complex Monday through Friday between 9:00 p.m. and 1:00 a.m. An early morning patrol/inspection of the Library complex will also be performed. Security guard will secure all doors, gates, windows, or other points of entry at the Civic Center and Redding Library. If unable to do so, the security guard shall call City=s answering service, who will call the appropriate city staff to secure the site. If an alarm is sounded the alarm company has been instructed to call the appropriate City staff for instructions. The security guard shall conduct one patrol check of these premises between 3:00 - 6:00 a.m., Monday through Friday. Security guard shall conduct five patrol checks over each 24-hour period on Saturday, Sunday and holidays. This inspection is carried out via a visual Aspotlight check@ whereby security officer drives slowly around the perimeter of each facility looking for any signs of unwarranted disturbance. One of the five weekend/holiday inspections shall occur at approximately 9:00 p.m. and the exterior doors of the Civic Center and Redding Library shall be checked to ensure they are secured. If a door is found unsecured, an interior inspection shall be required to ensure the building is unoccupied. 2.* CORPORATION YARD Seven (7) Days a Week (Sunday through Saturday): There will be three (3) nightly security inspections between the hours of 11:00 p.m. and 5:00 a.m. The first inspection shall consist of checking all exterior doors. Security guard shall secure Packet Pg. 103 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A Page 4 of 11 all doors, gates, windows, or other points of entry. If unable to do so, the security guard shall call the City of Redding=s answering service. During any round of inspection, if a building door is found to be unsecured, security guard will perform an internal inspection of the building then re-secure the building. If unable to secure the building, security guard will notify the City of Redding=s answering service, supplying the appropriate lock set number, and the answering service will determine the appropriate City personnel to contact. During the first inspection, the security guard shall also physically check each door of all vehicles, with the exception of garbage trucks, parked behind the gates. Between the Corporation Yard and the Solid Waste Transfer/Recycling Facility, the total number of vehicles left on site over night is estimated to be 250. If keys are left in an unlocked vehicle, vehicle is to be locked and the keys returned to the closest lock box (each building has their own lock box). An incident report shall be made-up and emailed to Building Maintenance the next day. If keys are not in the vehicle, security guard shall lock all doors and make a notation of this action and the vehicle number in the standard shift report which shall be emailed to building maintenance the next day. Security guard is not expected to check compartments on truck service bodies to verify that they are locked. The second and third security inspection shall be a Aspotlight check@ whereby security guard drives slowly around the perimeter of all buildings. Vehicles shall also be checked by spotlight during this time. Provide three (3) random patrols on Monday through Friday between 7:00 a.m. and 4:00 p.m. Patrol would drive the front of buildings 1-4 and look for any suspicious activity. 3.* SOLID WASTE TRANSFER/RECYCLING FACILITY Seven (7) Days a Week (Sunday through Saturday): Sunday – Thursday – two (2) nightly security inspections between the hours of 11:00 p.m. and 2:00 a.m. Friday/Saturday – three (3) nightly security inspections between the hours of 11:00 p.m. and 5:00 a.m. The first inspection shall consist of checking all of the exterior doors. Security guard shall secure all doors, gates, windows, or other points of entry. If unable to do so, the security guard shall call the City of Redding=s answering service. During any round of inspection, if a building door is found to be unsecured, and security guard is unable to secure the door, security guard will notify the City of Redding=s answering service, supplying the appropriate lock set number, and the answering service will determine the appropriate City personnel to contact. During the first inspection, the security guard shall also physically check each door of all vehicles, with the exception of garbage trucks, parked behind the gates. Between the Corporation Yard and the Solid Waste Transfer/Recycling Facility the total number of vehicles left on site over night is estimated to be 250. If keys are left in an unlocked vehicle, vehicle is to be locked and the keys returned to the closest lock box(each building has their own lock box). An incident report shall be made up and emailed to Building Maintenance the next day. If keys Packet Pg. 104 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A Page 5 of 11 are not in the vehicle, security guard shall lock all doors and make a notation of this action and the vehicle number in the standard shift report which shall be emailed to building maintenance the next day. Security guard is not expected to check compartments on truck service bodies to verify that they are locked. The second and third security inspections shall be a “spotlight check” whereby security guard drives slowly around the perimeter of all buildings. Vehicles shall also be checked by spotlight during this time. During all inspections, security guard shall check for a flashing red light on the west side of the main Transfer building. Light signifies a problem with the sump pump. If flashing, security guard shall call City of Redding’s answering service immediately. * Items No. 2 and 3 are considered one site. They are noted separately for billing and payment purposes. 4. RABA INTERMODAL PASSENGER TRANSFER FACILITY and PARKING LOT Seven (7) Days a Week (Sunday through Saturday): One on-site security guard at the Downtown Intermodal Facility from 3:30 p.m. to 11:30 a.m., walking/patrolling the sites on a continuous basis. This patrol will include random patrols of the block to the north bounded by Shasta, California and Tehama Streets. Additionally, on Sunday only, vendor shall provide three (3) more on-site patrols of the RABA Intermodal Passenger Transfer Facility from 6:00 a.m. through 8:00 p.m. Each on-site patrol shall be of thirty (30) minutes duration. The on-duty night security guard shall open the Train Depot at 2:00 a.m. each day, and lock up after the last morning train has departed, or at the end of shift in the event that the train has not arrived. Security guard shall check and secure all doors, gates, windows, or other points of entry. If unable to do so, the security guard shall call the appropriate City/RABA staff to secure the site. Monday through Saturday, there will be four random patrols daily at the RABA location on Masonic Drive. Security guard is to use professional judgement ensuring that the Downtown Intermodal Passenger Transfer Facility and the Masonic Drive location is utilized by transit clients (note: typical wait is 1 hour or less), discouraging loitering. 5. BENTON AIRPARK Seven (7) Days a Week (Sunday through Saturday), 365 nights annually: Three (3) nightly security inspections at random intervals, between the hours of 7:00 p.m. and 6:00 a.m. All visits will include a thorough drive through of entire premise, observing for suspicious activities. Patrol includes all parking lots large & small to east of eastern fence line and all transient aircraft tie-down locations, shade hangers, open hangers and property in general. Security guard is to use professional judgement, and question any people found on site who appear to have no reason for being on the property. As part of this effort, security guard shall record vehicle license numbers for vehicles situated in an unusual area or for an extended period of time. Security guard shall report outages of runway lights or those on the exterior of hangars, in a weekly report to be emailed to [email protected]. Security guard shall report any irregularities in a nightly report to be emailed to the Airports Manager in conjunction with the nightly aircraft parking log. The security guard will be provided with parking logs to verify and Packet Pg. 105 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A Page 6 of 11 document aircraft tail numbers. Any emergency situation or criminal activity shall be reported immediately to the Airport Manager via cell phone. Security guard shall complete a nightly aircraft parking log, after 2:00 a.m., to be emailed to the Airport Manager. Security guard shall secure all doors, gates, windows, or other points of entry. If unable to do so, the security guard shall call the appropriate tenant to secure the site (tenant list will be provided by the City). 6. ENTERPRISE COMMUNITY PARK Service shall be on an as-needed basis, Duties at 10:00 p.m.: lock roller hockey rink gates, lock upper and lower restrooms, lock north (chain link) walk-through gate, lock north driveway gates, and lock the main gate at El Vista. Check mobile building located in the lower/western area of the park, by ‘Kids Kingdom’ to ensure it is locked. While conducting the park sweep at dusk, it is imperative to confirm that all people are out of the restrooms and all cars out of the parking areas. Security guard shall notify the Redding Police Department if unable to locate the driver/owner of any vehicle. One drive￾through patrol of the park is required at approximately 1:00 a.m., to be varied by plus/minus 30 minutes so as to not have a set routine. Security guard shall unlock the necessary gates and re￾lock them upon passing through. Security guard shall secure all doors, gates, windows, or other points of entry. If unable to do so, the security guard shall call the City’s answering service, who will contact the appropriate City staff to secure the site. Operations to be performed at 6:00 a.m.: open the main gate at El Vista, open the north driveway gate, open the north walk-through gate, open the upper and lower restrooms and unlock the roller hockey rink gates. 7. REDDING AQUATIC CENTER/CALDWELL PARK Seven (7) days a week (Sunday through Saturday): Twice nightly patrol with one (1) walk through and one (1) spotlight check. The areas specifically to be patrolled are the Fish Viewing Facility, Jump River Playground, Carter House/North Valley Art League, Teen Center, Aquatic Center, Caldwell Memorial Picnic Area, Bronze Sculptures, K2 ball field, and the Skate Park. Make note of signs of vandalism. Walk through shall include conducting a physical check of buildings/structures, doors and gates. Security guard shall check that all are secured. Redding Aquatic Center, after hours alarm response: Monday to Friday, 5:00 p.m. to 7:00 a.m., Saturday/Sunday/Holidays, 24 hour response coverage. All calls for service shall be documented with an Incident Report and emailed with the Daily Activity Report to the Parks and Facilities Manager and the Building Maintenance Administrative Assistant. 8. CLEAR CREEK WASTE WATER TREATMENT PLANT Seven (7) days a week (Sunday through Saturday): Four nightly security inspections between the hours of 6:00 p.m. and 6:00 a.m. Duties include checking the fishing access parking area for illicit activity, checking to verify four critical gates Packet Pg. 106 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A Page 7 of 11 are locked (main gate, pond access gate, river access gate to ponds and influent pump gate), checking structure which houses chlorine and sulphur dioxide, conducting visual spotlight check of building which houses city vehicles and performing thorough spotlight-security inspection of the entire gated area known as the Wastewater Treatment Facility. Spotlight-security inspection of the Admin Building. Since most facility doors and windows are on an alarmed system it is not advised to physically rattle doors or windows to verify they are secure, therefore the spotlight inspection is called for rather than a physical check of pulling door handles. Security guard shall be vigilant to look for and immediately notify City staff of any signs of chlorine gas or sulphur dioxide leaks. If needed, security guard shall secure all doors, gates and windows or other points of entry. If unable to do so, the security guard will call the City’s answering service, who will contact the appropriate City staff to secure the site. 9. REDDING POWER PLANT Five (5) days a week (Monday through Friday): Security guard shall be based at the security building located at the main entrance to the Power Plant. The regular schedule is currently from 6:00 a.m. to 6:00 p.m. for the purpose of checking all city employees, vendors, and other visitors into the site. Security guard shall maintain visitors logs, issue passes, and check identifications to assure that only authorized persons have access to the power site. The security guard shall follow the Holiday Schedule on page 4. 10. STILLWATER WASTEWATER TREATMENT PLANT Seven (7) days a week (Sunday through Saturday): Four nightly security inspections between the hours of 6:00 p.m. and 6:00 a.m. Duties include checking the Plant/Property area for illicit behavior, checking to verify that critical gates are locked (main gate and pond access gate), checking structure which houses chlorine and sulphur dioxide, conducting a thorough visual spotlight check as necessary of the entire gated area known as the Wastewater Treatment Facility. The doors and windows may be physically rattled to verify if they are secure. The door shall be checked at the outfall/pump house building. It is also necessary for security guard to be aware and notify City staff of any signs of chlorine gas or sulphur dioxide leaks. If needed, security guard shall secure all doors, gates and windows or other points of entry. If unable to do so, the security guard will call the City’s answering service, who will contact the appropriate City staff to secure the site. 11. SOFTBALL PARK, K-1 FIELD AND TIGER FIELD Service shall be on an as-needed basis, On an “as needed” basis, provide security guard services at the ball fields during recreation activities. 12. WEST CENTRAL LANDFILL One (1) physical inspection between the hours of 6:00 p.m. and 6:00 a.m., every other night. Packet Pg. 107 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A Page 8 of 11 The security guard will unlock/open the gate, drive through and spot light the scale house and maintenance shop. The windows and doors at the scale house and maintenance shop shall be checked during each visit. Security guard will close and lock up gate when done. 13. REU OFFICES, AVTECH BUILDING Seven (7) days a week (Sunday through Saturday) One security guard shall be on-site at the REU Customer Service area Monday through Friday between 7:00 a.m. and 6:00 p.m., except City holidays. On these days, the security guard locks the front internal doors of the customer service area at 5:00 p.m. Between 5:00 p.m. and 6:00 p.m. guard checks all exterior doors to ensure locked and secured. At 6:00 p.m. the guard locks the service vehicles parking lot. On City holidays and weekends, there will be one (1) daily inspection between the hours of 8:00 a.m. and 10:00 a.m. The daytime inspection includes confirmation that all ten (10) door sets are locked. Seven (7) days a week, there will be one (1) nightly inspection between the hours of 6:00 p.m. and 6:00 a.m. 14. PARKS RESTROOM LOCKUP Various Locations Listed Below Seven (7) days a week Clear and lock public restrooms at dusk at the following locations: 899 N. Market Street (one (1) restroom site) Caldwell Park (four (4) restroom sites) Bonnyview Boat Ramp – 3855 S. Bonnyview (one (1) restroom site) 702 Auditorium Drive (two (2) restroom sites) Provide Incident Reports in a timely manner describing any new vandalism and incidents with individuals that cause disruption to the patrolman’s ability to perform restroom lockup. 15. SACRAMENTO RIVER TRAIL SYSTEM/PUBLIC WORKS FACILITIES Five (5) days a week. Daily shifts worked will be comprised of two (2) security officers assigned to river trail duties consisting of two (2) split shifts daily; one (1) in the a.m. and one (1) in the p.m. Scheduling will encompass three (3) hour allotments per day, with an a.m. shift beginning around nautical twilight (dawn) and a p.m. shift terminating around nautical twilight (dusk). Scheduled hours may vary as to avoid setting a set schedule for a maximum deterrence factor. Scheduling of days of the week will remain random and subject to frequent change. North State Security to post and provide to the City a monthly schedule in advance. Standard patrol shifts will have security officers performing coordinated patrols separately, but will remain in frequent contact and provide backup as necessary. Due to time limitations and unforeseen incidents there may be Packet Pg. 108 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A Page 9 of 11 portions of the river trail left unchecked on any given shift. Although assigned personnel are scheduled for no more than three (3) hours a day, there may be occasions when security officer works beyond scheduled three (3) hour shift due to actions beyond one’s control. Duties are to include surveillance of numerous COR Public Works facilities located along the river trail, as well as, providing a noticeable/positive security presence supporting safe community river trail activity. A heightened state of vigilance is required at these sites to guard against vandalism, sabotage, theft, etc. 16. BUCKEYE WATER TREATMENT PLANT Seven (7) days a week (Sunday through Saturday): Twice nightly patrol which consist of two (2) walk-through checks. Duties include checking all buildings and fence lines as well vandalism, theft, fire, water leaks, or people on site. 17. FOOTHILL WATER TREATMENT PLANT Seven (7) days a week (Sunday through Saturday): Nightly patrol which consist of three (3) walk-through checks. Duties include checking all buildings and fence lines as well as looking for any signs of vandalism, theft, fire, water leaks, or people on site. 18. PUMP STATION 1 Seven (7) days a week (Sunday through Saturday): Twice nightly patrol which consist of two (2) walk-through spotlight checks. Duties include checking for any signs of vandalism, theft, fire, water leaks, or people on site. 19. PUMP STATION 3 Seven (7) days a week (Sunday through Saturday): Twice nightly patrol which consist of two (2) spotlight checks. Duties include checking fence line as well as looking for any signs of vandalism, theft, fire, water leaks, or people on site. 20. PUMP STATION 5 Seven (7) days a week (Sunday through Saturday): Twice nightly patrol which consist of two (2) walk-through checks. Duties include checking for any signs of vandalism, theft, fire, water leaks, or people on site. 21. MARTIN LUTHER KING JR CENTER Five (5) days a week (Sunday through Thursday): Lock the gate at dusk. Security officers are expected to keep ongoing records of patrols to measure the program’s success and report on a monthly basis to the City of the month’s activities. Daily reports will include RPD contacts, notable public contacts, public works facilities inspected, miles patrolled, and other security related concerns. An actual Incident Report (IR) will be submitted whenever an incident happens that warrants further documentation. A monthly summary of daily reports will be submitted to the City. Vendor shall provide all necessary equipment to patrol the Sacramento Trail system. Packet Pg. 109 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A Page 10 of 11 PERSONNEL All personnel employed by the contracted security force must meet the following requirements established by the Parks and Facilities Manager and Assistant Director of Public Works prior to assignment at all noted security locations. 1. Security personnel must have at least one-year experience as a registered security guard. At the City’s sole discretion, less than one-year experience may be accepted if the employee has other related work experience. 2. Security personnel must possess and carry a security guard registration card from the Department of Consumer Affairs, certifying that the security person is qualified. Copies must be submitted with proposal documents. A security guard must possess a valid and current security guard registration card on his or her person while on-duty (California Business and Professional Code, Section 7583.3. 3. Security personnel must be identifiable by a uniform and badge approved by the Parks and Facilities Manager and the Assistant Director of Public Works. Submit with proposal photographs showing the front and side view of uniformed security guard. Uniforms shall meet all requirements as required by the California Business and Professional Code (BPC), Division 3, Chapter 11.5, Article 3, Section 7582.26. 4. Within five (5) business days of being informed of contract award, security agency must provide to the Facilities Supervisor and the Assistant Director of Public Works, a copy of the pre-employment background investigation of each employee assigned to work at City facilities. The Parks and Facilities Manager and the Assistant Director of Public Works may reject any such employee if in their judgement the person is not suitable for the position. 5. Security service patrol vehicles must be clearly marked with company logo or emblem when conducting patrols at all noted locations. Submit photo of patrol vehicle with proposal. Vendor’s patrol cars must be legally marked as “security”. 6. Security guards shall not have non-employees of security contractor as ride-along passengers nor guests, while conducting security work for the City of Redding, without the written approval of the Parks and Facilities Manager and/or the Assistant Director of Public Works. 7. The Private Patrol Operator and Security Guard shall abide by all pertinent sections of the Department of Consumer Affairs, Bureau of Security and Investigative Services, California Business and Professional Code, California Code of Regulations, and Penal Code. 8. Upon submission of their proposal, security service firm agrees to allow the Parks and Facilities Manager (or his representative), and/or the Assistant Director of Public Works (or his representative) and/or the Airports Manager (or his representative) to personally Packet Pg. 110 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Exhibit A Page 11 of 11 inspect the security service firm's Redding area headquarters and dispatch facility to determine the security service firm's operating capabilities upon submission of their proposal. In addition, the security service firm agrees to random, unannounced inspections by the Parks and Facilities Manager (or his representative) and/or the Assistant Director of Public Works (or his representative) and/or the Airports Manager (or his representative) to ensure the continuing capabilities of the security service firm and dispatch facility during the tenure of any resulting contract pursuant to said proposal. INVOICING: Invoices shall be rendered monthly, sent to the following locations: All locations except 4, 5, and 9: City of Redding Building Maintenance Department P.O. Box 496071, Redding, CA 96049-6071 Location 4: City of Redding - RABA P.O. Box 496071, Redding, CA 96049-6071 Location 5: Redding Municipal Airport Attn: Airports Manager 6751 Woodrum Circle, #200, Redding, CA 96002 Location 9: City of Redding - Redding Power Plant ATTN: Electric Manager 17120 Clear Creek Road, Redding, CA 96001 Packet Pg. 111 Attachment: Exhibit A (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 112 Attachment: Exhibit B (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 113 Attachment: Exhibit B (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 114 Attachment: Exhibit B (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 115 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 116 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 117 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 118 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 119 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 120 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 121 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 122 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 123 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) 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State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 139 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 140 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 141 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 142 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 143 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 144 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 145 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 146 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 147 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 148 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 149 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 150 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 151 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 152 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 153 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 154 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 155 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 156 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 157 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 158 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 159 Attachment: North State Security Contract (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 160 Attachment: NSS_First Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) Packet Pg. 161 Attachment: NSS_First Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) SECOND AMENDMENT TO CITY OF REDDING CONSULTING AND PROFESSIONAL SERVICES CONTRACT (C-7766) The Professional Services Contract (C-7766) dated July 18, 2018, and amended on August 5, 2020 between the City of Redding, California, ("City") a municipal corporation, and North State Security Inc. ("Consultant"), is hereby amended as follows: SECTION 3.A. is amended in its entirety to read as follows: A. Consultant shall commence work on or about August 1, 2018. Time is of the essence. Contract expires July 31, 2021. Contract term may be renewed and signed on behalf of the City by the Director of Community Services for up to two (2) consecutive one (1) year periods at a price to be negotiated and agreed upon by both parties. All other terms and conditions of the Contract dated July 18, 2018, and amended on August 5, 2020, shall remain in full force and effect. The date of this 2nd Amendment shall be the date that it is signed by the City. .J J c ( Packet Pg. 162 Attachment: NSS_Second Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) IN WITNESS WHEREOF, City and Contractor have executed this Amendment on the days and year set forth below. Dated:---lf:"------- 0 _,_A__L_fj_ ,2020 ATTEST: Dated: V\ \ ~ • '2020 CITY OF REDDING, A Municipal Corporation APPROVED AS TO FORM: BARRY E. DeWALT City Attorney CONTRACTOR By: KELLY BOEK Packet Pg. 163 Attachment: NSS_Second Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) THIRD AMENDMENT TO CITY OF REDDING CONSULTING AND PROFESSIONAL SERVICES CONTRACT (C-7766) The Professional Services Contract (C-7766) dated July 18, 2018, and amended on August 5, 2020 and September 11, 2020, between the City of Redding, California, ("City") a municipal corporation, and North State Security Inc. ("Consultant"), is hereby amended as follows: SECTION 3.A. is amended in its entirety to read as follows: A. Consultant shall commence work on or about August 1, 2018. Time is of the essence. Contract expires July 31, 2022. Contract term may be renewed and signed on behalf of the City by the Director of Community Services for up to two (2) consecutive one (1) year periods at a price to be negotiated and agreed upon by both parties. All other terms and conditions of the Contract dated July 18, 2018, and amended on August 5, 2020 and September 11, 2020, shall remain in full force and effect. The date of this Third Amendment shall be the date that it is signed by the City. Packet Pg. 164 Attachment: NSS_Third Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) IN WITNESS WHEREOF, City and Contractor have executed this Amendment on the days and year set forth below. Dated: !LJ; '2021 ATTEST: Dated: \Nv0..A~ ?z n , 2021 CITY OF REDDING, A Municipal Corporation APPROVED AS TO FORM: BARRY E. DeWALT City Attorney CONTRACTOR By: KELLY BOEK Packet Pg. 165 Attachment: NSS_Third Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) PAMELA MIZE, CITY CLERK SHARLENE TIPTON, ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX North State Secuirty, Inc Attn: Kelly Boek P.O. Box 991348 Redding, CA 96099 CiTY OF REDDING 777 CYPRESS AVENUE, REDDING, CA 96001 P.O. Box 496071, REDDING, CA 96049-6071 June 14, 2021 SUBJECT: Third Amendment to Consulting and Professional Services Agreement, C-7766 Dear Kelly Boek, Enclosed please find the fully executed original of the above referenced Third Amendment to Consulting and Professional Services Agreement by and between the City of Redding and North State Security, Inc., security services at various City locations. If you have any questions regarding this matter, or if we can be of assistance, please contact the Office of the City Clerk at (530) 225-4044. Enclosure cc: Froeber Lidster Grannis Sincerely, Joan Twomey Executive Assistant Packet Pg. 166 Attachment: NSS_Third Amendment (C-7766) (4.6(a)--Approve Fourth Amendment to NSS Agreement for Security Services) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Approve and authorize the Chief of Police to execute the Third Amendment to Exclusive Agreement with Redflex Traffic Systems, Inc. (Redflex) (C-4649), extending the term for an additional five years ending June 1, 2027, to provide red light camera enforcement at selected intersections in a continued effort to reduce traffic collisions and increase public safety. Fiscal Impact The total annual cost of the contract is $420,000, which is fully offset by collected revenues for the Red Light Enforcement program. In Fiscal Year 2020-21, the City of Redding (City) collected $594,693.45 in fines. The total cost of the program (Redflex contract and part-time salaries) was $494,621.03. Any excess revenue has been used to help fund the Redding Police Department’s (RPD) vehicle purchases. There is no General Fund impact for this contract. Alternative Action The City Council (Council) could choose to not approve the extension of the contract and provide staff with alternative direction. This action would stop the Red Light Enforcement program at the end of the current contract term which is June 1, 2022. Background/Analysis On February 6, 2007, the Council approved a contract with Redflex to provide red light photo enforcement at several intersections in the City. The contract was renewed on April 17, 2012, and extended for an additional four (4) years on May 16, 2017, which was set to expire on June 1, 2021. The contract was renewed for an additional one (1) year on June 1, 2021, with a new expiration date of June 1, 2022. MEETING DATE: May 17, 2022 ITEM NO. 4.9(a) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4.9(a)--Extend Contract with Redflex Traffic Systems Bill Schueller, Chief of Police Packet Pg. 167 Report to Redding City Council May 11, 2022 Re: 4.9(a)--Extend Contract with Redflex Traffic Systems Page 2 The purpose of the red-light camera program is to reduce traffic collisions at specific, high traffic intersections throughout the City. These specific locations were identified after reviewing traffic collision statistics with the highest rate of injury and non-injury collisions. There are currently eight photo enforcement cameras (approaches) at five intersections. Since the cameras went live in 2008, there has been a significant reduction in traffic collisions at these intersections. In 2007, there were a total of 96 traffic collisions at the now monitored intersections. In 2021, there were 38 traffic collisions, which is a reduction of 60.4 percent. The following graph shows the steady decline in traffic collisions (TCs) since the program began. The two (2) intersections that have had the largest reduction in traffic collisions are Market Street at Shasta Street and Pine Street at Tehama. The following graphs show the reduction from the beginning of the program. Packet Pg. 168 Report to Redding City Council May 11, 2022 Re: 4.9(a)--Extend Contract with Redflex Traffic Systems Page 3 This amendment will allow for the upgrade of the cameras at all eight (8) existing approaches within six months of the execution of this amendment at no additional cost to the City of Redding. The monthly charge for each of the eight (8) locations is $4,375 for a total of $35,000 a month (the same rate of the original contract), and all terms and conditions of the existing contract will remain. The Amendment has been approved as to form by the City Attorney. Council Priority/City Manager Goals • Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work and play in the City of Redding.” Attachments Agreement - 2012 (C-4649) First Amendment - 2017 (C-4649) Second Amendment - 2021 (C-4649) Third Amendment - 2022 (C-4649) Packet Pg. 169 CITY OJ RIDDING OffiCE Of THE CITY CLERK 777 Cypress Avenue, Redding, CA 96001 P.O. Box 496071, Redding, CA 96049-6071 530.225.4055 FAX 530.225.4463 June 8, 2012 Pamela Mlze City Clerk Redflex Traffic Systems, Inc. Attn: Program Management 23751 North 23rd Avenue Phoenix, AZ 85085 SUBJECT: Renewa1/Exclusive Agreement Between the City ofRedding, California, and Redflex Traffic Systems, Inc. for Traffic Camera Safety Improvement Program, C-4649 Dear Ladies and Gentlemen: Enclosed is a fully executed original ofthe above subject Agreement by and between the City ofRedding and Reflex Traffic Systems, Inc. regarding the renewal ofthe Exclusive Agreement Between the City ofRedding, California, and Redflex Traffic Systems, Inc. for Traffic Camera Safety Improvement Program. The agreement was approved by the Redding City Council at its regular meeting on June 5, 2012. Ifyou have any questions regarding this matter, or ifwe can be ofassistance, please contact the Office ofthe City Clerk at (530) 225-4439. Sincerely, PAMELA MIZE City Clerk By: Enclosure fi1ft,~~' c: Jan Crawford, Redding Police Departm~ t ' ilit' j f~Jl Packet Pg. 170 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXCLUSIVE AGREEMENT BETWEEN THE CITY OF REDDING, CALIFORNIA AND REDFLEX TRAFFIC SYSTEMS, INC. FOR TRAFFIC CAMERA SAFETY IMPROVEMENT PROGRAM This Agreement ( this " Agreement") is made as of this 1st day of June 2012 by and between Redflex Traffic Systems, Inc. ( California), a California Corporation, with offices located at 5835A Uplander Way, Culver City, California 90230 (" Redflex"), and The City of Redding, California a municipal corporation, with offices at 777 Cypress Avenue, California 96001_ ( the " Customer" and/or the " City"). Redflex and Customer are sometimes referred to herein individually as a " Party" and collectively as the Parties" . RECITALS WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to the Photo Red Light Enforcement Program(hereinafter "the Program"); and WHERAS, Redflex and the Customer have previously entered into an agreement dated February 6, 2007 and amended June 1, 2009; and WHEREAS, the Customer desires to continue to engage the services of Redflex to provide certain equipment, processes and back office services so that Authorized Employees of the Customer are able to identify and enforce certain photo red light traffic violations; and WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the incidence of vehicle collisions at the traffic intersections and city streets that will be monitored pursuant to the terms ofthis Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. DEFINITIONS. In this Agreement, the words and phrases below shall have the following meanings: 1. 1. " Approach Relocation" means the termination of operation of a particular approach in operation and/or the implementation of new similar dimensioned approach at another location within the Customer' s iurisdiction. 1.2. " Authorized Employee" means the Project Manager or such other individual( s) as the Customer shall designate to review Potential Violations and to authorize the Issuance of Citations in respect thereto. 1.3. " Authorized Violation" means each Potential Violation in the Violation Data for which authorization to issue a citation in the form of an Electronic Signature is given by the Authorized Employee by using the Redflex System. Ayf~ I2- D I f'.. Packet Pg. 171QAttachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) 1.4. " Citation" means the notice of a Violation, which is mailed or otherwise delivered by Redflex to the violator on the appropriate Enforcement Documentation in respect of each Authorized Violation. 1. 5. " Confidential or Private Information" means, with respect to any Person, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected with such Person' s business or methods of operation or concerning any of such Person' s suppliers, licensors, licensees, customers or others with whom such Person has a business relationship, and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person, including but not limited to: 1.5. 1. Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or customers, or at which such Person sells or has sold its services; and 1. 5.2. Matters of a technical nature, including but not limited to product information, trade secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term " trade secrets" shall mean the broadest and most inclusive interpretation oftrade secrets. 1. 5. 3. Confidential Information will not include information that: ( i) was generally available to the public or otherwise part ofthe public domain at the time of its disclosure, ( ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, iii) was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, ( iv) was required by a court of competent jurisdiction to be described, or (v) was required by applicable state law to be disclosed. 1.6. " Intersection Approach" means a conduit of travel with up to four ( 4) contiguous lanes from the curb ( e. g., northbound, southbound, eastbound or westbound) on which at least one (1) system has been installed by Redflex for the purposes of facilitating the Program by the Customer. 1. 7. " Designated Intersection Approaches" means the Intersection Approaches as Redflex and the Customer shall mutually agree from time to time. See Exhibit A for the number of approaches. 1. 8. " Electronic Signature" means the method through which the Authorized Employee indicates his or her approval of the issuance of a Citation in respect of a Potential Violation using the Redflex System. 1.9. " Enforcement Documentation" means the necessary and appropriate documentation related to the Program, including but not limited to warning letters, citation notices (using the specifications of the Judicial Council and the City, a numbering sequence for use on all citation notices ( in accordance with applicable court rules), instructions to accompany each issued Citation Packet Pg. 172 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) including in such instructions a description of basic court procedures, payment options and information regarding the viewing of images and data collected by the Redflex System), chain of custody records, criteria regarding operational policies for processing Citations ( including with respect to coordinating with the applicable vehicle registry), and technical support documentation for applicable court and judicial officers. 1. 10. " Equipment" means any and all approach cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to the Program. 1. 11. " Fine" means a monetary sum assessed for Citation, including but not limited to bail forfeitures, but excluding suspended fines. 1.12. " Governmental Authority" means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision, branch or department of any ofthe foregoing. 1.13. " Installation Date of the Program" means the date on which Redflex completes the construction and installation of at least one (1) Intersection Approach in accordance with the terms of this Agreement so that such Intersection Approach is operational for the purposes of functioning with the Program. 1. 14. " Intellectual Property" means, with respect to any Person, any and all now known or hereafter known tangible and intangible ( a) rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask-works, ( b) trademark and trade name rights and similar rights, ( c) trade secrets rights, ( d) patents, designs, algorithms and other industrial property rights, ( e) all other intellectual and industrial property rights ( of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and ( f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force ( including any rights in any ofthe foregoing), of such Person. 1.15. " Operational Period" means the period of time during the Term, commencing on the Installation Date, during which the Program is functional in order to permit the issuance of Citations using the Redflex System. 1.16. " Person" means a natural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association. 1.17. " Police Proiect Manager" means the project manager appointed by the Customer in accordance with this Agreement, which shall be an Authorized Employee and shall be responsible for overseeing the installation of the Intersection Approaches and the implementation of the Program, and which manager shall have the power and authority to make management decisions relating to the Customer' s obligations pursuant to this Agreement, including but not limited to change order authorizations, subject to any limitations set forth in the Customer' s charter or other organizational documents of the Customer or by the city council or other governing body ofthe Customer. 1. 18. " Potential Violation" means, with respect to any motor vehicle passing through a Designated Intersection Approach, the data collected by the Redflex System with respect to such motor vehicle, which data shall be processed by Packet Pg. 173 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) the Redflex System for the purposes of allowing the Authorized Employee to review such data and determine whether a traffic violation has occurred. 1.19. " Proprietary Property" means, with respect to any Person, any written or tangible property owned or used by such Person in connection with such Person' s business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets,. computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices. 1.20. " Redflex Marks" means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to the Program at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any ofthe foregoing. 1.21. " Redflex Proiect Manager" means the project manager appointed by Redflex in accordance with this Agreement, who shall be responsible for overseeing the construction and installation of the Designated Intersection Approaches and the implementation of the Program, and who shall have the power and authority to make management decisions relating to Redflex' s obligations pursuant to this Agreement, including but not limited to change order authorizations. 1.22. " Redflex Photo Red Light System" or " the Redflex System" means, collectively, the Salus@ System, SMARTcam@ System, the SMARTscene@ System, REDFLEXred@ System, the Program, SMARTops@ System and all of the other equipment, applications, software, hardware, back office processes, servers, off-site backup systems, cameras, sensors, components, motor vehicles and other tangible and intangible property relating thereto, to enable Redflex to enforce a minimum of one lane oftravel at a designated location. 1. 23. " Redflex Photo Red Light Program" or "the Program" are interchangeable and synonymous and mean the process by which the monitoring, identification and enforcement of Violations is facilitated by the use of certain equipment, applications and back office processes of Redflex, including but not limited to cameras, flashes, central processing units, signal controller interfaces and sensor arrays which, collectively, are capable of measuring Violations and recording such Violation data in the form of photographic images of motor vehicles. 1.24. " Violation Criteria" means the standards and criteria by which Potential Violations will be evaluated by Authorized Employees of the Customer, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior to a Violation being deemed to have occurred, and the location( s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Violation, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities. Should physical criteria change Packet Pg. 174 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) which requires additional modification to the Program or its detection equipment, any costs incurred is the responsibility ofthe Customer. 1.25. " Records Retention" means the period of time that Redflex will retain confidential information to include photographic evidence and data associated with the Program. 1.26. " SMARTcam@ System" means the proprietary software system that controls the systems of Redflex relating to the Program. 1.27. " Salus@ System" means the proprietary software that controls the systems of Redflex relating to the Program. 1.28. " REDFLEXred@ System" means the proprietary digital redlight photo enforcement system ofRedflex relating to the Program. 1.29. " SMARTops@ System" means the proprietary back-office processes of Redflex relating to the Program. 1.30. " SMARTscene@ System" means the proprietary digital video camera unit, hardware and software required for providing supplemental violation data relating to the Program. 1. 31. " Traffic Signal Controller Boxes" means the signal controller interface and vehicle detection owned and operated by the Customer. This includes, but not limited to, the Customer' s traffic controller, Customer' s vehicle detection equipment, Customer' s communication equipment, Customer' s controller cabinet, etc. 1.32. " Violation" means any traffic violation authorized for photo enforcement as prohibited by the Vehicle Code or any applicable rule, regulation or law of any other Governmental Authority, including but not limited to operating a motor vehicle contrary to traffic signals, and operating a motor vehicle without displaying a valid license plate or registration. 1.33. " Violations Data" means the images and other Violations data gathered by the Redflex System at the Designated Intersection Approaches. 1.34. " Warning Period" means a period after the Installation Date of the first intersection approach, wherein only warning notices shall be issued, commencing within 3 days after the system has been installed. 2. TERM. The term of this Agreement shall commence on June 1, 2012 and continue for five ( 5) years ( the " Initial Term") thereafter. The Customer shall have the right, but not the obligation, to extend the term of this Agreement for up to two ( 2) additional consecutive two ( 2) year periods following the expiration of the Initial Term. The Customer may exercise the right to extend the term of this Agreement for a Renewal Term by providing written notice to Redflex not less than thirty (30) days prior to the last day ofthe Initial Term or the Renewal Term, as the case may be. 3. SERVICES. Redflex shall provide the Program to the Customer, in each case in accordance with the terms and provisions set forth in this Agreement. 3. 1. INSTALLATION. With respect to the construction and installation of the Designated Intersection Approaches and the installation of the Redflex System at such Designated Intersection Approaches, the Customer and Redflex shall have the respective rights and obligations set forth on Exhibit B attached hereto. Packet Pg. 175 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) 3. 2. MAINTENANCE. With respect to the maintenance of the Redtlex System at the Designated Intersection Approaches, the Customer and Redtlex shall have the respective rights and obligations set forth on Exhibit C attached hereto. 3. 3. VIOLATION PROCESSING. During the Operational Period, Violations shall be processed as follows: 3. 3. 1. All Violations Data shall be stored on the Redtlex System; 3. 3.2. The Redtlex System shall process Violations Data gathered from the Designated Intersection Approaches into a format capable of review by the Authorized Employee via the Redflex System; 3.3. 3. The Redflex System will be accessible by Authorized Staff through a secure and encrypted connection by use of a confidential user account on a computer equipped with a high-speed Internet connection and an approved web browser. 3.3.4. Redtlex shall provide the Authorized Employee with access to the Redtlex System for the purposes of reviewing the pre-processed Violations Data within seven ( 7) days of the gathering of the Violation Data from the applicable Designated Intersection Approaches. 3.3. 5. The Customer shall cause the Authorized Employee to review the Violations Data and to determine whether a citation shall be issued with respect to each Potential Violation captured within such Violation Data, and transmit each such determination in the form of an Electronic Signature to Redtlex using the software or other applications or procedures provided by Redtlex on the Redtlex System for such purpose, and REDFLEX HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE' S SOLE DISCRETION (A CITATION DECISION"), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION DECISION. 3. 3. 6. With respect to each Authorized Violation, Redtlex shall print and mail a Citation within five ( 5) days after Redtlex' s receipt of such authorization; provided, however, during the Warning Period, warning violation notices shall be issued in respect of all Authorized Violations; 3. 3. 7. Redtlex shall provide a toll-free telephone number for the purposes of answering citizen inquiries 3. 3. 8. Redtlex shall permit the Authorized Employee to generate reports using the Redtlex Standard Report System. 3. 3. 9. Upon Redtlex' s receipt of a written request from the Customer and in addition to the Standard Reports, Redtlex shall provide, without cost to the Customer, reports regarding the processing and issuance of Citations, the maintenance and downtime records of the Designated Intersection Approaches and the functionality of the Redtlex System with respect thereto to the Customer in such format and for such periods as mutually agreed upon. 3. 3.10. During the six ( 6) month period following the Installation Date and/or upon Redtlex' s receipt of a written request from the Customer at least fourteen (14) calendar days in advance of court proceeding, Redtlex shall Packet Pg. 176 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) provide expert witnesses for use by the Customer in prosecuting Violations; provided, however, the Customer shall use reasonable best efforts to seek judicial notice in lieu ofrequiring Redflex to provide such expert witnesses. After the initial 6 month period, expert testimony may be provided on a cost reimbursement basis. 3.4. Redflex shall provide such training to Customer personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf ofthe Customer with respect to the Program. 3. 5. TAXES. Where required by state statute, ordinance or regulation, Redflex shall pay for and maintain in current status all taxes that are necessary for contract performance. Unless otherwise indicated, City/Customer agrees to pay any applicable taxes including but not limited to use, property or sales taxes required at the municipal, county, state or any other taxing authority level on all applicable consumer services and materials purchased and/or leased. No charge by the City/Customer shall be made for federal excise taxes and City/Customer agrees to furnish Redflex with an exemption certificate where appropriate for any applicable sales and/or use taxes. 3. 6. OTHER RIGHTS AND OBLIGATIONS. During the Term, in addition to all of the other rights and obligations set forth in this Agreement, Redflex and the Customer shall have the respective rights and obligations set forth on Exhibit E attached hereto. CHANGE ORDERS. The Customer may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Redflex, setting forth in reasonable detail the proposed changes ( a " Change Order Notice"). Upon Redflex' s receipt of a Change Order Notice, Redflex shall deliver a written statement describing the cost, if any ( the " Change Order Proposal"). The Change Order Proposal shall include ( i) a detailed breakdown of the charge and schedule effects, ( ii) a description of any resulting changes to the specifications and obligations of the parties, ( iii) a schedule for the delivery and other performance obligations, and iv) any other information relating to the proposed changes reasonably requested by the Customer. Following the Customer' s receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount ofpayment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes; provided, however, in the event that any proposed change involves only the addition of equipment or services to the existing Designated Intersection Approaches, or the addition of Intersection Approaches to be covered by the terms of this Agreement, to the maximum extent applicable, the pricing terms set forth in Exhibit D shall govern. Any failure of the parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement, and any disagreement shall be resolved in accordance with the " Dispute Resolution" provision ofthis Agreement. 3. 7. ROAD REPAIRS AND CONSTRUCTION PROJECTS. The operation of an installed camera shall be temporarily suspended as a result of any Customer￾authorized road repairs, street improvements or stop work order that interrupts, impedes, obstructs or interferes with the successful performance ofthe installed Packet Pg. 177 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) camera for a period of fourteen ( 14) or more calendar days. Customer shall not be invoiced during this period; however, the contractual period for the particular approach shall be extended for a period equal to the number of days of inoperability. 4. LICENSE: RESERVATION OFRIGHTS. 4. 1. License. Subject to the terms and conditions of this Agreement, Redflex hereby grants the Customer, and the Customer hereby accepts from Redflex upon the terms and conditions herein specified, a non-exclusive, non￾transferable license during the Term ofthis Agreement to: ( a) solely within the City of Redding access and use the Redflex System for the sole purpose of reviewing Potential Violations and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any content posted on the Redflex System in connection therewith, ( b) disclose to the public ( including outside of the City of Redding that Redflex is providing services to the Customer in connection with Program pursuant to the terms of - this Agreement, and ( c) use and display the Redflex Marks on or in marketing, public awareness or education, or other publications or materials relating to the Program, so long as any and all such publications or materials are approved in advance by Redflex. 4.2. RESERVATION OF RIGHTS. The Customer hereby acknowledges and agrees that: ( a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property. arising from or relating to the Redflex System, and any and all related Equipment, ( b) the Customer neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and ( c) by reason of the exercise of any such rights or interests of Customer pursuant to this Agreement, the Customer shall gain no additional right, title or interest therein. 4.3. RESTRICTED USE. The Customer hereby covenants and agrees that it shall not ( a) make any modifications to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Redflex therein, ( d) use any trademarks or other marks other than the Redflex Marks in connection with the Customer' s use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or ( e) disassemble, de￾compile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex Program, including but not limited to any Equipment, or to any Intellectual Property or Proprietary Property of Redflex, or cause any other Person to do any ofthe foregoing. 4.4. PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The Customer shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any Packet Pg. 178 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) registrations or filings with respect to any of the Redflex Marks or the Intellectual Property of Redflex without the prior written consent of Redflex. 4.5. INFRINGEMENT. The Customer shall use its reasonable best efforts to give Redflex prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates the Redflex Marks or any of Redflex' s Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto. In the event that Redflex commences any enforcement action under this Section 4.5, then the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex, and Redflex shall be entitled to any damages or other monetary amount that might be awarded after deduction of actual costs; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. 4.6. INFRINGING USE. The Customer shall give Redflex prompt written notice of any action or claim action or claim, whether threatened or pending, against the Customer alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex in the defense thereof; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. If such a claim is made and Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the Customer the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non-infringing items. 4.7. UNAUTHORIZED REFERENCES TO REDFLEX. Customer shall not utilize, make use of and/or make any reference to Redflex, its name or likeness, its affiliated, parent or subsidiary companies or corporations, its logos, insignias, trademarks, trade names, brand, websites, property, assets, products or services, including, but not limited to, the " SMARTcam@ System", " Salus@ System", " REDFLEXred@ System", " REDFLEXspeed@ System", REDFLEXrail@ System", " REDFLEXstop@ System", " REDFLEXslimline@ System", " SMARTops@ System", " SMARTscene@ System"; PLATESCAN@ System" and/or and any and all combinations, variants and derivatives thereof, in, on or about, Customer marketing, publicity, media, public relations, advertising, education or training materials, information, data, papers and/or documents, for any reason or purpose, whatsoever, without the prior written approval of Redflex which may be withheld, denied, delayed, rejected and/or refused, by Redflex in its sole, absolute and unilateral discretion. 5. REPRESENTATIONSAND WARRANTIES. 5. 1. Redflex Representations and Warranties. Packet Pg. 179 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) 5. 1.1. Authority. Redflex hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. 5. 1.2. Professional Services. Redflex hereby warrants and represents that any and all services provided by Redflex pursuant to this Agreement shall be performed in a professional and workmanlike manner and, with respect to the installation of the Redflex System, subject to applicable law, in compliance with all specifications provided to Redflex by the Customer. 5.2. Customer Representations and Warranties. 5.2. 1. Authority. The Customer hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. 5.2.2. Professional Services. The Customer hereby warrants and represents that any and all services provided by the Customer pursuant to this Agreement shall be performed in a professional and workmanlike manner. 5.3. LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM OR ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF THE CUSTOMER' S USE OF ANY OF THE FOREGOING. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, REDFLEX DOES NOT WARRANT THAT ANY OF THE DESIGNATED INTERSECTION APPROACHES OR THE REDFLEX SYSTEM WILL OPERATE IN THE WAY THE CUSTOMER SELECTS FOR USE, OR THAT THE OPERATION OR USE THEREOF WILL BE UNINTERRUPTED. THE CUSTOMER HEREBY ACKNOWLEDGES THAT THE REDFLEX SYSTEM MAY MALFUNCTION FROM TIME TO TIME, AND SUBJECT TO THE TERMS OF THIS AGREEMENT, REDFLEX SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A TIMELY MANNER. 6. TERMINATION. 6. 1. TERMINATION FOR CAUSE: Either party shall have the right to terminate this Agreement by written notice to the other if (i) state statutes are amended to prohibit or substantially change the operation of the Program; ( ii) the Supreme Court for the State of California rules that the Citations from the Program are inadmissible in evidence or a California District Court ofAppeals rules that the Citations from the Program are inadmissible in evidence and the California Supreme Court has declined review of that ruling; or (iii) the other party commits any material breach of any of the provisions of this Agreement. Either party shall have the right to remedy or cure the .cause for termination or breach within forty-five (45) calendar days ( or within such other time period as the Customer and Redflex shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the appropriate party setting forth in reasonable detail the events of the cause for termination or breach. Termination of this Agreement shall not be enforceable or effective Packet Pg. 180 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) unless the terminating party mails written notice of termination to the non￾terminating party not less than forty-five ( 45) calendar days prior to the Agreement termination date and provides to the non-terminating party the opportunity to remedy or cure the cause of the termination or breach within the forty-five (45) calendar day time period provided herein. 6.2. RIGHTS AND REMEDIES. In connection with any breach and/or termination of this Agreement, Redflex and Customer shall have and hereby reserve, in full, all rights and remedies available in law and/or in equity. The rights to terminate this Agreement as stated in Section 6. 1 shall be without prejudice to any other right or remedy of either party with respect to the breach concerned (if any) or any other breach ofthis Agreement. 6. 3. PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relieve either party of any liability that accrued prior to such termination. Except as set forth in Section 6.3, upon the termination of this Agreement, all ofthe provisions ofthis Agreement shall terminate and: 6. 3. 1. Redflex shall ( i) immediately cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the Program, ( ii) promptly deliver to the Customer any and all Proprietary Property of the Customer provided to Redflex pursuant to this Agreement, (iii) promptly deliver to the Customer a final report to the Customer regarding the collection of data and the issuance of Citations in such format and for such periods as the Customer may reasonably request, and which final report Redflex shall update or supplement from time to time when and if additional data or information becomes available, ( iv) promptly deliver to Customer a final invoice stating all fees and charges properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination, and ( v) provide such assistance as the Customer may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior tq the termination of this Agreement. Immediately upon termination Redflex is no longer bound to the Data Retention Requirements for any data and if the customer wishes to obtain the data it must be conveyed at the time of termination. Redflex will transfer the data and relevant information to the Customer by a mutually agreed upon method. The customer will assume the burden for all costs associated with this task including but not limited to administrative, storage media, storage media authoring devices, and internet bandwidth used for transferring data. Redflex will provide no tools for accessing this data or other guarantees. 6.3. 2. The Customer shall ( i) immediately cease using the Program, accessing the Redflex System and using any other Intellectual Property of Redflex, (ii) promptly deliver to Redflex any and all Proprietary Property of Redflex provided to the Customer pursuant to this Agreement, and (iii) promptly pay any and all fees, charges and amounts properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination. 6. 3. 3. Unless the Customer and Redflex have agreed to enter into a new agreement relating to the Program or have agreed to extend the Term of this Agreement, Redflex shall remove at its sole expense any and all Equipment Packet Pg. 181 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) or other materials of Redflex installed in connection with Redflex' s performance of its obligations under this Agreement, including but not limited to housings, poles and camera systems, and Redflex shall restore at its sole expense the Designated Intersection Approaches to substantially the same condition such Designated Intersection Approaches were in immediately prior to this Agreement. 6. 3.4. In addition to any and all other rights and remedies available and/or reserved herein, the Customer shall pay to Redflex a pro rata share of all monies or revenue generated, collected and/or received by Customer after the Agreement termination date that are, in any way, a result of, associated with and/or attributable to, in whole or in part, the products or services rendered to Customer by Redflex. 6.4. SURVIVAL. Notwithstanding the foregoing, the definitions and each of the following shall survive the termination of this Agreement: ( i) Sections 4.2 Reservation of Rights), 5.1 ( Redflex Representations and Warranties), 5.2 Customer Representations and Warranties), 5.3 ( Limited Warranties), 7 Confidentiality), 8 (Indemnification and Liability), 9 (Notices), 10 ( Dispute Resolution), 11. 1 ( Assignment), 11. 17 ( Injunctive Relief; Specific Performance), 11.18 ( Applicable Law)) and 11.19 ( Jurisdiction and Venue), and (ii) those provisions, and the rights and obligations therein, set forth in this Agreement which either by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of the Agreement, or must survive to give effect to the provisions ofthis Agreement. 7. CONFIDENTIALITY. During the term of this Agreement and for a period of three 3) years thereafter, neither party shall disclose to any third person, or use for itself in any way for pecuniary gain, any Confidential Information learned from the other party during the course of the negotiations for this Agreement or during the Term of this Agreement. Upon termination of this Agreement, each party shall return to the other all tangible Confidential Information of such party. Each party shall retain in confidence and not disclose to any third party any Confidential Information without the other party' s express written consent, except ( a) to its employees who are reasonably required to have the Confidential Information, ( b) to its agents, representatives, attorneys and other professional advisors that have a need to know such Confidential Information, provided that such parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and ( c) pursuant to, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records. 8. INDEMNIFICATIONAND LIABILTY. 8. 1. Indemnification by Redflex. Subject to Section 8. 3, Redflex hereby agrees to defend and indemnify the Customer and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them ( individually a " Customer Party" and collectively, the " Customer Parties") against, and to protect, save and keep harmless the Customer Parties from, and to pay on behalf of or reimburse the Customer Parties as and when Packet Pg. 182 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and disbursements ( including reasonable attorneys', accountants' and expert witnesses' fees) of whatever kind and nature ( collectively, " Losses"), which may be imposed on or incurred by any Customer Party arising out of or related to ( a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of Redflex contained in this Agreement, or (b) the willful misconduct of Redflex, its employees or agents which result in death or bodily injury to any natural person ( including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct or negligence of any Customer Party. 8.2. Indemnification by Customer. Subject to Section 8. 3, the Customer hereby agrees to defend and indemnify Redflex and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them, or any ofthem (individually a " Redflex Party" and collectively, the " Redflex Parties") against, and to protect, save and keep harmless the Redflex Parties from, and to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses which may be imposed on or incurred by any Redflex Party arising out of or in any way related to ( a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of the Customer contained in this Agreement, ( b) the negligence or willful misconduct of the Customer, its employees, contractors or agents which result in death or bodily injury to any natural person ( including third parties) or any damage to any real or tangible personal property ( including the personal property of third parties), except to the extent caused by the willful misconduct of any Redflex Party, ( c) any claim, action or demand not caused by Redflex' s failure to perform its obligations under this Agreement, or ( d) any claim, action or demand challenging the Customer' s use of the Redflex System or any portion thereof, the validity of the results of the Customer' s use of the Redflex System or any portion thereof, or the validity of the Citations issued, prosecuted and collected as a result ofthe Customer' s use ofthe Redflex System or any portion thereof. 8. 3. Indemnification Procedures. In the event any claim, action or demand ( a Claim") in respect of which any party hereto seeks indemnification from the other, the party seeking indemnification ( the " Indemnified Party") shall give the party from whom indemnification is sought ( the " Indemnifying Party") written notice of such Claim promptly after the Indemnified Party first becomes aware thereof; provided, however, that failure so to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party shall have the right to choose counsel to defend such Claim ( subject to the approval of such counsel by the Indemnified Party, which approval shall not be unreasonably withheld, conditioned or delayed), and to control, compromise and settle such Claim, and the Indemnified Party shall have the right to participate in the defense at its sole expense; provided, however, the Indemnified Party shall have the right to take Packet Pg. 183 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) over the control of the defense or settlement of such Claim at any time if the Indemnified Party irrevocably waives all rights to indemnification from and by the Indemnifying Party. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim, and no party shall have the right enter into any settlement agreement that materially affects the other party' s material rights or material interests without such party' s prior written consent, which consent will not be unreasonably withheld or delayed. 8.4. LIMITED LIABILITY. Notwithstanding anything contrary in this Agreement, neither party shall be liable to the other, by reason of any representation or express or implied warranty, condition or other term or any duty at common or civil law, for any special, incidental, indirect, consequential or punitive damages however caused and on any theory of liability arising out of or relating to this Agreement, except and only to the extent expressly authorized pursuant to provision entitled " PREVAILING PARTY" of this Agreement and, additionally as stated in this provision 8.4. In the event of any breach of this Agreement by Customer, Redflex is entitled to recover expectation damages from the Customer, which are defined as the amounts that Redflex would have received under the Agreement had the Customer fully performed pursuant to the terms and conditions ofthis Agreement. 9. NOTICES. Any notices to be given hereunder shall be in writing, and shall be deemed to have been given ( a) upon delivery, if delivered by hand, ( b) three ( 3) days after being mailed first class, certified mail, return receipt requested, postage and registry fees prepaid, or ( c) one Business Day after being delivered to a reputable overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, ifthe courier service obtains a signature acknowledging receipt, in each case addressed or sent to such party as follows: 9. 1. Notices to Redflex: Redflex Traffic Systems, Inc. 23751 North 23rd Avenue Phoenix, AZ 85085 Attention: PROGRAM MANAGEMENT Facsimile: ( 623) 207-2050 9.2. Notices to the Customer: City of Redding 777 Cypress Avenue, California 96001 Attention: Jan Crawford Facsimile: ( 530) 225- 4568 10. DISPUTE RESOLUTION. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the " Dispute"), the parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of Packet Pg. 184 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) either party, each ofthe parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 10, and in the event that either of the parties concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation. 11. MISCELLANEOUS. 11. 1. Assignment. Neither party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed; provided, however, the Customer hereby acknowledges and agrees that the execution ( as outlined in Exhibit G), delivery and performance of Redflex' s rights pursuant to this Agreement shall require a significant investment by Redflex, and that in order to finance such investment, Redflex may be required to enter into certain agreements or arrangements (" Financing Transactions") with equipment lessors, banks, financial institutions or other similar persons or entities ( each, a " Financial Institution" and collectively, " Financial Institutions"). The Customer hereby agrees that Redflex shall have the right to assign, pledge, hypothecate or otherwise transfer (" Transfer") its rights, or any of them, under this Agreement to any Financial Institution in connection with any Financing Transaction between Redflex and any such Financial Institution, subject to the Customer' s prior written approval, which approval shall not be unreasonably withheld or delayed. The Customer further acknowledges and agrees that in the event that Redflex provides written notice to the Customer that it intends to Transfer all or any of Redflex' s rights pursuant to this Agreement, and in the event that the Customer fails to provide such approval or fails to object to such Transfer within forty-five ( 45) business days after its receipt of such notice from Redflex, for the purposes of this Agreement, the Customer shall be deemed to have consented to and approved such Transfer by Redflex. Notwithstanding the above, this Agreement shall inure to the benefit of, and be binding upon, the parties hereto, and their respective successors or assigns. 11. 2. RELATIONSHIP BETWEEN REDFLEX AND THE CUSTOMER. Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. The relationship between the parties shall be that of independent contractors, and nothing contained in this Agreement shall create the relationship of principal and agent or otherwise permit either party to incur any debts or liabilities or obligations on behalf of the other party ( except as specifically provided herein). 11.3. AUDIT RIGHTS. Each of parties hereto shall have the right to audit the books and records of the other party hereto (the " Audited Party") solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty-eight ( 48) hours' prior notice to the Audited Party, at mutually convenient times and during the Audited Party' s normal business hours. Except as otherwise provided in this Packet Pg. 185 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) Agreement, the cost of any such audit shall be borne by the non-Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent ( 25%) of the amount of actually owing, the cost of such audit shall be borne by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non-Audited Party shall promptly refund to the Audited Party the amount ofthe excess. 11.4. FORCE MAJEURE. Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission by Redflex, and unusually severe weather. The party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. 11. 5. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the parties, and there are no other agreements ( other than invoices and purchase orders), whether written or oral, which affect its terms. This Agreement may be amended only by a subsequent written agreement signed by both parties. 11.6. SEVERABILITY. If any provision ofthis Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder ofthe affected provision. 11. 7. WAIVER. Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof. 11. 8. CONSTRUCTION Except as expressly otherwise provided in this Agreement, this Agreement shall be construed as having been fully and completely negotiated and neither the Agreement nor any provision thereof shall be construed more strictly against either party. 11. 9. HEADINGS. The headings of the sections contained in this Agreement are included herein for reference purposes only, solely for the convenience of the parties hereto, and shall not in any way be deemed to affect the meaning, interpretation or applicability of this Agreement or any term, condition or provision hereof. 11.10. EXECUTION AND COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Anyone of such counterparts shall be sufficient for the purpose ofproving the existence and terms of this Agreement, and no party shall be required to produce an original or all of such counterparts in making such proof. Packet Pg. 186 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) 11. 11. COVENANT OF FURTHER ASSURANCES. All parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions hereof or to carry out the intent ofthis Agreement. 11.12. REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of anyone remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy. 11.13. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon all of the parties hereto and their respective executors, administrators, successors and permitted assigns. 11.14. COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law, and whenever there is a conflict between any term, condition or provision of this Agreement and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the requirement of the law, provided that such construction is consistent with the intent ofthe Parties as expressed in this Agreement. 11.15. NO THIRD PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a party to this Agreement. 11. 16. INJUNCTIVE RELIEF; SPECIFIC PERFORMANCE. The parties hereby agree and acknowledge that a breach of Sections 4. 1 ( License), 4.3 Restricted Use) or 7 ( Confidentiality) ofthis Agreement would result in severe and irreparable injury to the other party, which injury could not be adequately compensated by an award of money damages, and the parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of any material term, condition or provision of this Agreement, or to enjoin or prevent such a breach, including without limitation an action for specific performance hereof. 11. 17. APPLICABLE LAW. This Agreement shall be governed only by and construed, in all respects, solely in accordance with the laws of the State of California. 11. 18. JURISDICATION AND VENUE. Any conflict, claim or dispute between Redflex and the Customer affecting, arising out of or relating to the subject matter of this Agreement shall be filed only in and litigated solely in the United States District Court for the Eastern District of California and both parties specifically agree to be bound by the exclusive jurisdiction and venue thereof. 11.19. PREVAILING PARTY. In the event of any conflict, claim or dispute between Redflex and the Customer affecting, arising out of or relating to the subject matter of this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party all attorneys' fees, expert fees, and related costs. Packet Pg. 187 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) Attorneys' fees, expert fees, and related costs shall be assessed by a Court and not by a jury and shall be included in any judgment obtained by the prevailing party. The remainder ofthis page is left intentionally blank) Packet Pg. 188 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. Customer" J<4CA<. BoJEm V/~ yol< CITY OF REDD By: R<:' Name: DICK DICKERSON 7 / Title: MA.YY~O ~ / Date: ( P / "; 2-012- AJTEST: By:' :. L Na'me: PAMELA '~1IZEi ~ Title: CITY CLERIC Date: G:r(r/~' APPROVED A'S TO FORM: BY:' 7Y~~~ Name: BARRY D ALT Title: ASSISTANT CITY ATTORNEY Date: 6 ~ ,;-: // Redflex" REDFLEX TRAFFIC SYSTEMS, INC., BY:~ f1M~ Name: j(Afl,c. N J--1/\ JLe, Title: c..w Date: 5, 51 - t 2..- Packet Pg. 189 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXHIBIT "A" Designated Intersection Approaches The contract is for the implementation of up to 10 intersection approaches. Identification of enforced intersection approaches will be based on mutual agreement between Redflex and the City as warranted by community safety and traffic needs. The City will make all reasonable efforts to provide the list of proposed intersections under consideration prior to formal project kick-off to the designated Redflex project manager. Packet Pg. 190 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXHIBIT "B" Construction and Installation Obligations Timeframe for Installation: Fixed Traffic Camera Safety Improvement Program: At its sole expense, Redflex will have each specified approach installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Redflex Traffic Systems and the Customer. Redflex will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement. Redflex will use reasonable commercial efforts to install and activate the first specified intersection within sixty ( 60) days subsequent to formal project kick-off and receipt of the required customer approved program business rules. The Customer agrees that the estimated timeframe for installation and activation are subject to conditions beyond the control of Redflex and are not guaranteed. In order to provide the Customer with timely completion of the Traffic Camera Safety Improvement Program, Redflex requires that the Customer assist with obtaining timely approval of permit requests. The Customer acknowledges the importance of the safety program and undertakes that in order to keep the project on schedule the Customer will provide engineering review(s) of Redflex permit requests and all documentation in a timely manner. 1. Redflex Obligations. Redflex shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Redflex' s sole expense): 1. 1. Appoint the Redflex Project Manager and a project implementation team; 1.2. Request current " as-built" electronic engineering drawings for the Designated Intersection Approaches (the " Drawings") from the city traffic engineer; 1. 3. Develop and submit to the Customer for approval construction and installation specifications in reasonable detail for the Designated Intersection Approaches, including but not limited to specifications for all radar sensors, pavement loops, electrical connections and traffic controller connections, as required; and 1.4. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection Approaches ( collectively, the " Approvals"), which will include compliance with City permit applications. 1. 5. Finalize the acquisition ofthe Approvals; 1. 6. Assist the Customer in developing a public awareness strategy, which may include media and educational materials; 1. 7. Develop the Violation Criteria in consultation with the Customer; 1.8. Develop the Enforcement Documentation for approval by the Customer, which approval shall not be unreasonably withheld; 1.9. Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersection Approaches, including installation of updated cameras at current red light camera locations. Packet Pg. 191 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) 1. 10. Cause an electrical sub- contractor to complete all reasonably necessary electrical work at the Designated Intersection Approaches, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations; 1. 11. Install and test the functionality of the Designated Intersection Approaches with the Redflex System and establish fully operational Violation processing capability with the Redflex System; 1.12. At the request of Customer, Redflex shall relocate an approach if it has been in operation for a minimum of 36 months and the decision to relocate has been mutually agreed upon by all parties. Ifthe parties mutually agree to relocate the approach, then such relocation shall commence no later than ninety ( 90) calendar days after such mutual agreement, and Redflex shall bear the cost and expense of such relocation. Ifthe parties cannot agree to relocate, then Customer shall have the right to demand removal of the approach, and Redflex shall remove the approach at its sole cost and expense within ninety (90) calendar days ofreceipt of written notice from Customer. 1. 13. Implement the use of the Redflex System at each of the Designated Intersection Approaches; 1. 14. Deliver the Materials to the Customer; and 1. 15. Provide updated equipment for the Red Light Camera Specialists: a. ( 1) laptop computer and (1) desktop computer with (2) monitors 1) Color Printer Monthly provision of a single broadband connection of DSL or High Speed cable connection to the Redding Red Light Camera Program. Citation processing and citation issuance/re- issuance for Authorized Violations; 1. 16. Redflex shall provide training ( i) for up to fifteen (15) personnel of the Customer, including but not limited to the persons who Customer shall appoint as Authorized Employees and other persons involved in the administration of the Program, ( ii) for up to sixteen (16) hours in the aggregate, ( iii) regarding the operation of the Redflex System and the Program, which training shall include training with respect to the Redflex System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation; Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, and coordination between Redflex, the Customer and ( WHERE APPLICABLE juvenile court personnel) 2. CUSTOMER OBLIGATIONS. The Customer shall do or cause to be done each of the following ( in each case, unless otherwise stated below, at Customer' s sole expense) : 2. 1. 1. Appoint the Project Manager; 2. 1.2. Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities; Packet Pg. 192 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) 2. 1.3. Notify Redflex of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Traffic Camera Safety Improvement Program; 2. 1.4. Provide assistance to Redflex in obtaining access to the records data ofthe Department of Motor Vehicles in Redflex' s capacity as an independent contractor to the Customer; and 2. 1. 5. Assist Redflex in seeking the Approvals 2. 1. 6. Provide reasonable access to the Customer' s properties and facilities in order to permit Redflex to install and test the functionality of the Designated Intersection Approaches and the Traffic Camera Safety Improvement Program; 2. 1. 7. Provide reasonable access to the personnel ofthe Customer and reasonable information about the specific operational requirements of such personnel for the purposes ofperforming training; 2. 1.8. Seek approval or amendment of Awareness Strategy and provide written notice to Redflex with respect to the quantity of media and program materials ( the " Materials") that the Customer will require in order to implement the Awareness Strategy during the period commencing on the date on which Redflex begins the installation of any of the Designated Intersection Approaches and ending one (1) month after the Installation Date; 2. 1. 9. Assist Redflex in developing the Violation Criteria; and 2. 1. 10. Seek approval ofthe Enforcement Documentation. 2. 1.11. The Customer shall provide on an agreed upon frequency, without cost to Redflex, reports regarding the prosecution of Citations, the collection of fines, fees and other monies and available collision data, in such format and for such periods as Redflex may reasonably request. 2. 1. 12. Yellow Light Timing Review: The Customer is responsible to ensure that the yellow or amber light phase timing at all photo enforced intersections meets minimum standards according to Federal, State, and local laws, guidelines, and/or rules. 2. 1.13. Provide on-going. adequate electrical power in order to operate the systems. 2. 1.14. The Customer will allow Redflex to use existing conduit space as available. 2. 1.15. The Customer shall be responsible to provide and install LED traffic signal lights (yellow and red) at all enforced locations, 2. 1. 16. Customer will provide and install any required enforcement signage. Packet Pg. 193 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXHIBIT "C" Maintenance 1. All repair and maintenance of the Photo Red Light Enforcement Program and related equipment will be the sole responsibility and sole expense of Redflex, including but not limited to maintaining the casings of the cameras included in the Redflex System and all other Equipment in reasonably clean and graffiti-free condition. 2. Redflex shall not open the Traffic Signal Controller Boxes without a representative of city Traffic Engineering present. 3. In the event that images of a quality suitable for the Authorized Employee to identify Violations cannot be reasonably obtained without the use of flash units, Redflex shall provide and instC). 1l such flash units. 4. Redflex may assign specific personnel to provide follow up assistance to the Customer in the form of the HELPDESK, a designated Customer Service Representative and a Director ofAccounts. Packet Pg. 194 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXHIBIT "D" COMPENSATION & PRICING Fixed Monthlv Fee Commencing on the first day ofthe Initial Term ofthis Agreement, the Customer shall be obligated to pay Redflex a fixed fee of $4,500 per month for the following Designated Intersection Approaches: Cypress Ave and Bechelli Lane, Cypress Ave and Bechelli Lane, Shasta St. and Market St., Market St. and Shasta St., Lake Blvd and Market Street, Pine St and Tehama St., Pine St and Shasta St. (if installed), Hilltop Drive and Cypress Ave (if installed), and $ 5, 700 per month per each Designated Intersection with up to four contiguous lanes as full remuneration for performing all of the services contemplated in this Agreement. Cost Neutralitv. Cost neutrality is assured to the Customer. The Customer will never be required to pay Redflex more than actual cash received. The City shall be obligated to pay the cumulative balance invoiced by Redflex, which shall be deducted from the gross cash received and held by Redflex and payable to the City, in accordance with the terms set forth herein, to the extent the gross cash received and payable to the City exceeds the amount invoiced by Redflex. In the event that a balance remains unpaid due to a deficit in gross cash received by the Customer compared to invoiced amounts, Redflex shall retain with each monthly billing cycle, an accounting of such gross receipts supporting the amount withheld from the Customer. In consideration for the renewal of this contract Redflex shall nullify an agreed amount of remaining " Cost Neutrality" balance as of the date of the signing of this document. 1. In the event that the contract ends or is terminated and an invoiced balance is still owed to Redflex, all subsequent receipts from automated red light violations for a period of 12 months from date of termination will be applied to such balance and paid to Redflex. 2. Payment will only be made by City up to the amount of cash received by the City through the collection of red light citations up to the amount currently due, and collected and managed by Redflex. 3. Cost neutrality is guaranteed except as follows: If the authorized officer fails to approve verified violations by the due date; If systems are de-activated due to City requirement other than road construction or Approach Relocation per Exhibit B Section 1. 12; Customer Operating Costs. Packet Pg. 195 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) Any gross cash receipts received by the Customer from Shasta County through the collection of red light citations shall first be applied to the Customer' s monthly program operating costs (" Customer Operating Costs") which has been established at $ 500.00 per Operational Approach per month. In order to ensure cost neutrality to the Customer, Customer shall only be obliged to pay Redflex from the gross cash receipts received from Shasta County after first withholding Customer Operating Costs. In the event that a balance remains unpaid due to a deficit in gross cash received by the Customer compared to the invoiced amount, Customer will provide Redflex, with payments, an accounting of such amounts supporting non-payment of the full invoiced amount and balance remaining. Example Month 1 Gross Revenue to City for month Withheld Operating Cost (7 x $500) Balance Redflex Invoice for month 1 Payment to Redflex 40,000 3, 500 36,500 42,000 36, 500 Check payable to Redflex for $36,500 with accounting as above. Remaining balance of 5, 500 carried forward under Cost Neutrality provision. Month 2 Gross Revenue to City for month Withheld Operating Cost (7 x $500) Balance Redflex Invoice month 2 Balance unpaid month 1 Total Outstanding Payment to Redflex 56,000 3, 500 52,500 42,000 5, 500 47,500 47,500 Check payable to Redflex for $47,500 with accounting as above. No Remaining balance to carry forward this month under Cost Neutrality provisions and Customer retains balance of $5000. BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS: Packet Pg. 196 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) 1. Redflex construction will be able to utilize existing conduit for installation where space is available. If it is determined that new conduit must be installed the cost of the installation ofthe same shall be borne by Redflex. 2. Each year, on the anniversary date of the contract, the pricing will increase by the CPI. CPI will be derived from the publication of the U.S. Department of Labor Consumer Price Index for U.S. City average. 3. Except where a balance remains unpaid due to a deficit in the gross cash received as described herein, Customer agrees to pay Redflex within thirty ( 30) days after the invoice is received. A monthly late fee of 1. 5% is payable for amounts remaining unpaid 60 days from date of invoice. 4. The provision of all necessary communication, broadband and telephone services to the Designated Intersection Approaches will be the sole responsibility ofRedflex 5. The on-going provision of any and all necessary electrical power to the Designated Intersection Approaches will be the sole responsibility ofthe Customer 6. The Customer shall require any and all employees who may operate or occupy the Equipped Motor Vehicles to complete a mandatory training program to insure that (a) the Equipped Motor Vehicles are operated in a safe manner and ( b) all warnings and instructions that accompany the Equipped Motor Vehicles are understood and heeded. 7. Redflex shall be solely responsible for installing required signage. Redflex shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority Signage"), including but not limited to the Vehicle Code, and Customer shall assist in determining the placement of such Signage. Redflex shall submit signage design drawings to the appropriate local authority for approval. Any changes or modifications to signage requirements will be the responsibility ofthe Customer. 8. Required Credit Card fees will not be considered to be revenue received and are the responsibility ofthe violator. 9. Term extension Packet Pg. 197 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXHIBIT "E" Additional Rights and Obligations Redflex and the Customer shall respectively have the additional rights and obligations set forth below: 1. Redflex shall assist the Customer in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the Photo Red Light Enforcement Program ( actual print and production costs are the sole responsibility of the Customer). 2. The Customer shall not access the Redflex System or use the Photo Red Light Enforcement Program in any manner other than prescribe by law and which restricts or inhibits any other Person from using the Redflex System or the Photo Red Light Enforcement Program with respect to any Intersection Approaches constructed or maintained by Redflex for such Person, or which could damage, disable,. impair or overburden the Redflex System or the Traffic Camera Safety Improvement Program, and the Customer shall not attempt to gain unauthorized access to ( i) any account of any other Person, ( ii) any computer systems or networks connected to the Redflex System, or ( iii) any materials or information not intentionally made available by Redflex to the Customer by means of hacking, password mining or any other method whatsoever, nor shall the Customer cause any other Person to do any ofthe foregoing. 3. The Customer shall maintain the confidentiality of any username, password or other process or device for accessing the Redflex System or using the Traffic Camera Safety Improvement Program. 4. Redflex and the Customer shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, Redflex and the Customer shall obey any and all such rules and regulations. 5. The Customer shall promptly reimburse Redflex for the cost ofrepairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly or indirectly by the Customer, or any of its employees, contractors or agents. Packet Pg. 198 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXHIBIT "F" Insurance 1. During the Term, Redflex shall procure and maintain at Redflex' s sole cost and expense the following insurance coverage with respect to claims for injuries to persons or damages to property which may arise from or in connection with the performance of work or services pursuant to this Agreement by Redflex, and each of Redflex' s subcontractors, agents, representatives and employees: Commercial General Liability Insurance. Commercial General Liability Insurance with coverage limits of not less than One Million Dollars 1, 000,000) combined single limit per occurrence for bodily injury and property damage, Two Million Dollars ($ 2,000,000) Products-Completed Operations Aggregate and Two Million Dollars ($ 2,000,000) General Aggregate; Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance with coverage of not less than One Million Dollars 1, 000,000) combined single limit per accident for bodily injury or property damage, including but not limited to coverage for all automobiles owned, non-owned and hired by Redflex; Professional Liability (Errors and Omissions) Insurance. Redflex will use its commercial best efforts to procure and maintain Professional Liability Errors and Omissions) Insurance with coverage of not less than Two Million Dollars ($ 2,000,000) each and every claim and in the Aggregate; and Workers' Compensation and Employer' s Liability Insurance. Workers' Compensation Insurance with coverage of not less than that required by the Labor Code of the State of California and Employer' s Liability Insurance with coverage of not less than One Million Dollars ($1, 000,000) per occurrence. 2. With respect to the Commercial General Liability Insurance the following additional provisions shall apply: The Customer Parties shall be named as additional insureds with respect to the Commercial General Liability insurance; and The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the Customer Parties shall be in excess, and not in contribution to, such insurance; and Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 3. With respect to the insurance described in the foregoing Section of this Exhibit F, if any of the Redflex Parties are notified by any insurer that any insurance coverage will be cancelled, Redflex shall immediately provide 30 days written Packet Pg. 199 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) notice thereof to the Customer and shall take all necessary actions to correct such cancellation in coverage limits, and shall provide written notice to the Customer of the date and nature of such correction. If Redflex, for any reason, fails to maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach ofthis Agreement, and the Customer shall have the right, but not the obligation and exercisable in its sole discretion, to either (i) terminate this Agreement and seek damages from Redflex for such breach, or (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the Customer for such insurance. If the premium costs advanced by the Customer for such insurance exceed any amounts due to Redflex pursuant to this Agreement, Redflex shall promptly remit such excess amount to the Customer upon receipt of written notice thereof. 4. Redflex shall provide certificates of insurance evidencing the insurance required pursuant to the terms of this Agreement, which certificates shall be executed by an authorized representative of the applicable insurer, and which certificates shall be delivered to the Customer prior to Redflex commencing any work pursuant to the terms ofthis Agreement. Packet Pg. 200 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXHIBIT "G" FORM OF ACKNOWLEDGMENT AND CONSENT This Acknowledgement and Cons~nt Form, dated ~ / ~ , 2012, is entered into by and between the City of Redding (the " City") and R~ ffic Systems, Inc., Redflex"), with reference to the Agreement between the City of Redding and Redflex Traffic Systems, Inc. for a Traffic Camera Safety Improvement Program, dated as of t, //2. , by and between the City and Redflex (the "Agreement"). 1. Redflex has entered into a Credit Agreement, dated as of June 30, 2009 and as amended on or about August 9, 2011 (" the Credit Agreement"), with the Commonwealth Bank of Australia (" the Creditor") pursuant to which the Creditor has provided certain working capital to Redflex. Such working capital is needed by Redflex to perform its obligations to the City under the Agreement. 2. Pursuant to the Credit Agreement, Redflex granted to the Creditor a security interest in all of Redflex's personal property relevant to and associated with the Agreement with the City as collateral for the payment and performance of Redflex's obligations to the Creditor under the Credit Agreement. Such security interest applies to and covers all of Redflex's contract rights, including, without limitation, all of Redflex's rights and interests under the Agreement. 3. Redflex shall not, by virtue of the Credit Agreement, be relieved of any liability or obligation under the Agreement, and the Creditor has not assumed any liability or obligation of Redflex under the Agreement. 4. The City hereby acknowledges notice of, approves and consents, in full, to Redflex's grant of the aforementioned security interest in favor of the Creditor in all of Redflex's rights and interests under the Agreement pursuant to the Credit Agreement. 5. The City further acknowledges and agrees that this Acknowledgement and Consent Form shall be binding upon the City and shall inure to the benefit of the successors and permitted assigns of the Creditor, and to any replacement lenders, banks and/or financial institutions which refinance Redflex's obligations to the Creditor under the Credit Agreement. SIGNATURE PAGE TO FOLLOW] Packet Pg. 201 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) f IN WITNESS WHEREOF, the City and Redflex have caused this Acknowledgement and Consent to be executed by their respective duly authorized and elected officers as of the date first above written. Approved as to form, content and legality: The City: Redflex: City ofRedding BYX~~ Name: DICK DICKERSON Title: MAYOR J " Date: J..I GK 1J OJErr/ V I ~ MA'ft:?,(. The remainder ofthis page is left intentionally blank) Packet Pg. 202 Attachment: Agreement - 2012 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) CITY 0 F CITY OF REDDING REDDJ- 777 CYPRESS AVENUE, REDDING, CA 96001 CALIFO R N I A PO. Box 496071, REDDING, CA 96049-6071 OFFICE OF THE CITY CLERK PAMELA MIZE, CITY CLERK TERESA RUDOLPH, ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX June 1, 2017 Redflex Traffic Systems, Inc. Attn: Legal Department 5651 W. Talavi Blvd., Suite 200 Glendale, AZ 85306 SUBJECT: First Amendment to Exclusive Agreement, C-4649 Dear Ladies and Gentlemen: Enclosed is one fully executed original of the above subject Amendment to Agreement by and between the City of Redding and Redflex Traffic Systems, Inc. for Traffic Camera Safety Improvement Program. If you have any questions regarding this matter, or if we can be of assistance, please contact the Office of the City Clerk at ( 530) 225- 4439. Sincerely, C6_,\ ca Anette Cates Executive Assistant Enclosure c: Lt. Brian Barner/RPD Finance Packet Pg. 203 Attachment: First Amendment - 2017 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) FIRST AMENDMENT TO THE EXCLUSIVE AGREEMENT BETWEEN THE CITY OF REDDING, CALIFORNIA AND REDFLEX TRAFFIC SYSTEMS, INC. FOR TRAFFIC CAMERA SAFETY IMPOROVEMENT PROGRAM This First Amendment( the " First Amendment") to the Exclusive Agreement between the City of Redding, California and Red 1e Traffic Systems Inc. for Traffic Camera Safety Improvement Program is executed this I day of y 2017 ( the " Execution Date") by and between Redflex Traffic Systems, Inc. ( California) (" Redflex") California( and the City of Redding, the " City") (individually a" Party" and collectively the " Parties"). RECITALS A. Redflex and the City previously entered into the Exclusive Agreement between the City of Redding, California and Redflex Traffic Systems, Inc. for Traffic Camera Safety Improvement Program dated June 1, 2012 to provide automated red light photo enforcement in the City ( the Original Agreement"); B. The Initial Term ofthe Original Agreement expires on June 1, 2017; C. The City' s " Customer Operating Costs" outlined in the Original Agreement will change; and D. Redflex and the City desire to amend the Original Agreement to extend the Term, modify the City' s " Customer Operating Costs," and otherwise modify the Original Agreement as set forth below. The parties agree as follows: TERMS AND CONDITIONS 1. Term of Agreement. The City exercises its right to extend the Initial Term of the Original Agreement for both the first and the second consecutive two (2) year periods as set forth in Section 2 of the Original Agreement. The Renewal Term will commence on June 1, 2017 and expire on June 1, 2021. 2. Increased " Customer Operating Costs". Exhibit" D" to the Original Agreement is revoked in its entirety and the following substituted in its place: THIS PART INTENTIONALLY LEFT BLANK] ppf/j) se S-- 16-- 1 Packet Pg. 204 Attachment: First Amendment - 2017 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) EXHIBIT " D" COMPENSATION & PRICING Fixed Monthly Fee As full remuneration for performing all of the services contemplated in this Agreement, Customer agrees to pay the following: Customer shall be obligated to pay Redflex a fixed fee of $4,375 per month for the following Designated Intersection Approaches: Cypress Ave and Bechelli Lane, Cypress Ave and Bechelli Lane, Shasta St. and Market St., Market St. and Shasta St., Lake Blvd and Market Street, Pine St and Tehama St., Pine St and Shasta St. ( if installed), Hilltop Drive and Cypress Ave (ifinstalled). Customer shall be obligated to pay Redflex a fixed fee of $5, 700 per month for each Designated Intersection Approach not listed or identified above. Cost Neutrality. Cost neutrality is assured to the Customer. The Customer will never be required to pay Redflex more than actual cash received. The City shall be obligated to pay the cumulative balance invoiced by Redflex, which shall be deducted from the gross cash received and held by Redflex and payable to the City, in accordance with the terms set forth herein, to the extent the gross cash received and payable to the City exceeds the amount invoiced by Redflex. In the event that a balance remains unpaid due to a deficit in gross cash received by the Customer compared to invoiced amounts, Redflex shall retain with each monthly billing cycle, an accounting of such gross receipts supporting the amount withheld from the Customer. In the event that the contract ends or is terminated and an invoiced balance is still owed to Redflex, all subsequent receipts from automated red light violations for a period of 12 months from date of termination will be applied to such balance and paid to Redflex Payment will only be made by City up to the amount of cash received by the City through the collection of red light citations up to the amount currently due, and collected and managed by Redflex. Cost neutrality is guaranteed except as follows: Ifthe authorized officer fails to approve verified violations by the due date; If systems are de- activated due to City requirement other than road construction or Approach Relocation per Exhibit B Section 1. 12; Customer Operating Costs. Any gross cash receipts received by the Customer from Shasta County through the collection of red light citations shall first be applied to the Customer' s monthly program operating costs Customer Operating Costs") which has been established at Nine Hundred Dollars ($ 900.00) Packet Pg. 205 Attachment: First Amendment - 2017 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) per Operational Approach per month. In order to ensure cost neutrality to the Customer, Customer shall only be obliged to pay Redflex from the gross cash receipts received from Shasta County after first withholding Customer Operating Costs. In the event that a balance remains unpaid due to a deficit in gross cash received by the Customer compared to the invoiced amount, Customer will provide Redflex, with payments, an accounting of such amounts supporting non￾payment ofthe full invoiced amount and balance remaining. Example Month 1 Gross Revenue to City for month 40,000 Withheld Operating Cost ( 8 x $900) 7,200 Balance 32, 800 Redflex Invoice for month 1 42,000 Payment to Redflex 32, 800 Check payable to Redflex for Thirty Two Thousand Eight Hundred Dollars ($32, 800) with accounting as above. Remaining balance ofNine Thousand Two Hundred Dollars ($9,200) carried forward under Cost Neutrality provision. Month 2 Gross Revenue to City for month 60,000 Withheld Operating Cost ( 8 x $900) 7,200 Balance 52,800 Redflex Invoice month 2 42,000 Balance unpaid month 1 9,200 Total Outstanding 51, 200 Payment to Redflex 51, 200 Check payable to Redflex for Fifty One Thousand Two Hundred Dollars ($51, 200) with accounting as above. No remaining balance to carry forward this month under the Cost Neutrality provisions, and Customer retains the balance of One Thousand Six Hundred Dollars 1, 600). Business Assumptions for All Pricing Options: 1. Redflex construction will be able to utilize existing conduit for installation where space is available. If it is determined that new conduit must be installed the cost ofthe installation of the same shall be borne by Redflex. 2. Each year, on the anniversary date of the contract, the pricing will increase by the CPI. CPI will be derived from the publication of the U. S. Department of Labor Consumer Price Index for U.S. City average. 3. Except where a balance remains unpaid due to a deficit in the gross cash received as described herein, Customer agrees to pay Redflex within thirty (30) days after the invoice is received. A monthly late fee of 1. 5% is payable for amounts remaining unpaid 60 days from date of invoice. Packet Pg. 206 Attachment: First Amendment - 2017 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) 4. The provision of all necessary communication, broadband and telephone services to the Designated Intersection Approaches will be the sole responsibility of Redflex 5. The on-going provision of any and all necessary electrical power to the Designated Intersection Approaches will be the sole responsibility ofthe Customer 6. The Customer shall require any and all employees who may operate or occupy the Equipped Motor Vehicles to complete a mandatory training program to insure that ( a) the Equipped Motor Vehicles are operated in a safe manner and ( b) all warnings and instructions that accompany the Equipped Motor Vehicles are understood and heeded. 7. Redflex shall be solely responsible for installing required signage. Redflex shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority (" Signage"), including but not limited to the Vehicle Code, and Customer shall assist in determining the placement of such Signage. Redflex shall submit signage design drawings to the appropriate local authority for approval. Any changes or modifications to signage requirements will be the responsibility of the Customer. 8. Required Credit Card fees will not be considered to be revenue received and are the responsibility of the violator. 9. Term extension The amendment to Exhibit D as outlined in this First Amendment is not effective until June 1, 2017, and the terms of Exhibit D attached to the Original Agreement remain in effect until June 1, 2017. 3. Cost Neutrality Balance. The Parties agree that as of June 1, 2017, the City' s Cost Neutrality balance is Zero Dollars ($ 0.00). After June 1, 2017, unpaid invoices will accumulate as outlined in Exhibit D to the Original Agreement as revoked and replaced by this First Amendment. Nothing in this First Amendment shall be construed as relieving the City of its obligations under the Original Agreement to pay invoices sent by Redflex for current fees arising before June 1, 2017. 4. Notices. Section 9 of the Original Agreement is amended to change the notice address for Redflex to the following: Redflex Traffic Systems, Inc. Attn: Legal Department 5651 W. Talavi Blvd., Suite 200 Glendale, AZ 85306 Facsimile: ( 623) 207- 2056 Email: legaldepartmentgredflex.com The amendment to Section 9 as outlined in this First Amendment is effective immediately, and all notices shall be served on Redflex at the address listed in this First Amendment. 5. Enforceability of Non-Amended Terms and Conditions. Except as expressly amended in this First Amendment, the terms and conditions of the Original Agreement shall remain in full force and effect. To the extent that this First Amendment conflicts with the terms and conditions of the Original Agreement, this First Amendment shall control. Any capitalized terms not defined in the First Amendment shall have the meanings ascribed to them in the Original Agreement. Packet Pg. 207 Attachment: First Amendment - 2017 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) SIGNATURE PAGE TO FOLLOW] Packet Pg. 208 Attachment: First Amendment - 2017 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) CITY OF REDDING, CALIFORNIA REDFLEX TRAFFIC SYSTEMS, INC. 771 Name: Brent Weaver Michael Fivi City Mayor CEO and resident ATTEST: 104 7- 7 Name: Pamela Mize Position: City Clerk Form Approved tarry E. DeWalt City Attorney Signature Page to the First Amendment to the Exclusive Agreement Between the City of Redding, California and Redflex Traffic Systems, Inc. for Traffic Camera Safety Improvement Program Packet Pg. 209 Attachment: First Amendment - 2017 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) e CITY OF REDDING 777 CYPRESS AVENUE, REDDING, CA 96001 P.O. Box 496071, REDDING, CA 96049- 6071 PAMELA MIZE, CITY CLERK SHARLENE TIPTON, ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX July 29, 2021 Redflex Trafic Systems, Inc Attn: Legal Department 5651 W. Talavi Blvd, Suite 200 Glendale, AZ 85306 SUBJECT: Second Amendment to Exclusive Agreement for traffic control safety Improvement program, C- 4649 Dear Sir or Madam, Enclosed please find the fully executed original of the above referenced Second Amendment to Exclusive Agreement for Traffic Control Safety Improvement Program by and between the City of Redding and Redflex Traffic Systems, Inc. If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City Clerk at( 530) 225- 4044. Sincerely, I I Joan Twomey Executive Assistant Enclosure cc: Davis Grannis Packet Pg. 210 Attachment: Second Amendment - 2021 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) SECOND AMENDMENT TO EXCLUSIVE AGREEMENT BETWEEN THE CITY OF REDDING, CALIFORNIA AND REDFLEX TRAFFIC SYSTEMS, INC. FOR TRAFFIC CAMERA SAFETY IMPROVEMENT PROGRAM This Second Amendment ( the " Second Amendment") to Agreement between the City of Redding, CA and Redflex Traffic Systems, Inc. for Traffic Camera Safety Improvement Program is made by and between the City of Redding, CA ( the " Customer" or the " City"), and Redflex Traffic Systems, Inc. Redflex") ( individually referred to as a " Party" and together referred to as the " Parties"). The Effective Date of this Second Amendment is June 01, 2021. RECITALS WHEREAS, the Parties executed the Exclusive Agreement between the City of Redding, California and Redflex Traffic Syste ns, Inc. for Traffic Camera Safety Improvement Program on June 1, 2012 to provide automated red light photo enforcement in the City( the" Original Agreement"); WHEARAS, the Original Agreement was amended on June 1, 2017 to extend the Initial Term and modify other program terms ( the " First Amendment") ( collectively, with the Original Agreement, the Agreement"); WHEREAS, Except as otherwise specifically amended herein in this Second Amendment, all other terms and conditions contained in the Agreement shall remain in full force and effect; WHEREAS, the Parties now desire to extend the Renewal Term and update the Notice address of the Agreement; and NOW THEREFORE, the Parties hereby amend the Agreement as follows: TERMS AND CONDITIONS A. Term. Section 2, " Term," of the Agreement is hereby amended to add the following language: The Renewal Term shall be extended for an additional one ( 1) year term commencing on June 1, 2021. B. Notices. Section 9. 1 of the Agreement is hereby amended to change the Notice address for Redflex to the following: Redflex Traffic Systems, Inc. Attn: Legal Department 5651 W. Talavi Blvd., Suite 200 Glendale, AZ 85306 Facsimile: ( 623) 207- 2056 Email: legaldepartment a,redflex.com C. Enforceability of Non- Amended Terms and Conditions. Except as expressly amended in this Second Amendment, the Terns and Conditions of the Agreement shall remain in full force and S Packet Pg. 211 Attachment: Second Amendment - 2021 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) effect. To the extent that this Second Amendment conflicts with the terms of the Agreement, this Second Amendment shall control. Any capitalized terms not defined in this Second Amendment shall have the meanings ascribed to them in the Agreement. Approved as to form, content and legality: CITY OF REDDING, CALIFORNIA REDFLEX TRAFFIC YSTEMS, INC. By: By: Name: _ Kristen Schreder Name: * Presidei Title: Vice Mayor Title: ATTEST'' rwed tt E, City Clot I a° 4 w Attom B ...,,,.,... m. Packet Pg. 212 Attachment: Second Amendment - 2021 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) Packet Pg. 213 Attachment: Third Amendment - 2022 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) Packet Pg. 214 Attachment: Third Amendment - 2022 (C-4649) (4.9(a)--Extend Contract with Redflex Traffic Systems) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Authorize the following actions relative to Bid Schedule No. 5180 (Job No. 2477), Eastside Road over Olney Creek Bridge Project (Project): (1) Reject the apparent low bid by Stewart Engineering Inc. (SEI) as nonresponsive and award the project to the second low bidder Abacus Construction, Inc., in the amount of $3,703,683.84; (2) Approve an additional $567,000 to cover the cost of contract administration and inspection fees and $645,000 for project development costs; (3) Approve $370,000 to provide construction contingency funding; (4) Authorize the City Manager to approve additional increases, in either the construction management or construction contingency amounts, up to a total of $15,000; and (5) Adopt Resolution approving and adopting the 42nd Amendment to City Budget Resolution No. 2021-078 appropriating $2,056,690 in federal grant funds and $1,380,390 in Transportation Impact Fee funds for the Project. Fiscal Impact The Eastside Road over Olney Creek Bridge Project (Project) is being funded by two sources which consist of the Federal Highway Bridge Program (HBP) and the City of Redding (City) Citywide Transportation Impact Fee Program (TIF). The HBP will fund 88.53 percent of the project while the remaining 11.47 percent will be through TIF. Since the bids were higher than the engineer’s estimated cost, staff will be working with California Department of Transportation (Caltrans) to obtain additional HBP funding for the project. Staff anticipates the HBP to fully fund its share of the project total costs based upon previous experience with other bridge HBP funded projects. Until those additional funds become available, the TIF will cover the costs above the estimate. Any additional HBP funds will be presented and budgeted in a separate resolution. The HBP funds being appropriated at this time are currently authorized funds that were not previously budgeted. MEETING DATE: May 17, 2022 ITEM NO. 4.11(a) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4.11(a)--Award Bid Schedule No. 5180 (Job No. 2477), Eastside Road over Olney Creek Bridge Project and Adopt Budget Resolution Ryan Bailey, Assistant Director of Public Works Packet Pg. 215 Report to Redding City Council May 10, 2022 Re: 4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge Page 2 Cost Summary Item Estimated Project Development Costs $ 645,000 Construction Contract + Contingency $ 4,073,683.84 Contract Administration, Inspection, Testing $ 567,000 Additional City Manager Authority $ 15,000 Total Project Costs $ 5,300,683.84 Project Budget $ 5,300,700 Project cost components are estimated, and some shifting of the funds may be necessary to balance the project within the approved budget. Alternative Action Without this project, the bridge will not be replaced, and unsafe conditions for pedestrians and motorists will remain. In addition, the City would be at risk of losing federal funds and may have to reimburse project development federal funds spent to date. The City Council has the following alternative actions: • Choose not to award the bid for the Eastside Road over Olney Creek Bridge Project to the second low bidder Abacus Construction Inc (Abacus), determine that SEI, the low bidder, did make adequate Good Faith Efforts (GFE), and award the project to SEI. This may jeopardize current or future federal funding if the City is audited and the audit determines that SEI did not perform an adequate GFE. • Choose not to award the bid for the Eastside Road over Olney Creek Bridge Project and re-advertise the project. This action would delay the project; thereby missing the 2022 construction season and potentially requiring staff to update current environmental permits which would further delay the project. Re-advertising the project would, most likely, increase the number of bids received, and there are no guarantees the low bidder will meet the project’s Disadvantaged Business Enterprise (DBE) goal or that it would perform an adequate Good Faith Effort (GFE). • Provide staff with other direction. Background/Analysis Attached is a tabulation of bids opened on January 25, 2022. The low bid in the amount of $3,539,305 was received from SEI of Redding, California. Because the HBP grant funds are from a federal source, the City was required to establish a Disadvantaged Business Enterprise (DBE) participation goal specifically for the project, and a goal of 19 percent was established for this project. SEI did not achieve the goal, therefore, per federal regulations, the contractor must perform a Good Faith Effort (GFE) to be awarded the project. Staff’s evaluation of a bidder’s GFE is based on Section 9 of the Caltrans Local Assistance Procedures Manual (LAPM) as well as Appendix A of Title 49 CFR Part 26 of the Code of Federal Regulations (CFR). Staff performed the following process in GFE evaluation for SEI. • Staff received SEI GFE documentation per the specified five days after bid opening. • Staff received a bid protest letter (January 31, 2022) from the 2 nd low bidder, Abacus, which did not provide any reasonable argument as to why the City should reject SEI’s bid. It simply stated that because SEI did not meet the goal regardless of an adequate Packet Pg. 216 Report to Redding City Council May 10, 2022 Re: 4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge Page 3 GFE, SEI’s bid should be rejected and the project should be awarded to Abacus, which is not allowed per the CFR. • Staff completed its GFE evaluation and determined that SEI did demonstrate an adequate GFE. • Per LAPM Section 9.8 (Local Public Agency Responsibilities), because the project contract exceeds $2 million and the low bidder did not meet the DBE goal, the City must submit the low bidder’s GFE documentation to the Caltrans Division of Local Assistance (DLA). In addition, the City may not award the contract without receiving a memorandum from the DLA indicating that Caltrans has determined that the low bidder made a GFE. The City submitted SEI’s GFE to Caltrans District 2 DLA for review. • Staff received, via email from Caltrans District 2 DLA, a memorandum (March 2, 2022) stating that Caltrans did not concur with the City’s determination that SEI had demonstrated an adequate GFE and concluded that SEI did not demonstrate it performed a GFE. Caltrans DLA relies on Caltrans Office of Civil Rights (OCR) to perform the GFE evaluations. • Staff received the Abacus DBE complaint on March 9, 2022. • Per LAPM Section 9.8, because Caltrans did not concur with the City, the City must take Caltrans feedback and re-evaluate the GFE. The City did re-evaluate SEI’s GFE and determined that SEI did not demonstrate an adequate GFE for the reasons noted in the re￾evaluation and a letter was sent to SEI dated March 21, 2022. Therefore, in accordance with 49 CFR 26.53, the City must allow the bidder/offeror an opportunity for administrative reconsideration as outlined below: 1. As part of this reconsideration, the bidder/offeror must have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made an adequate GFE to do so. 2. City decision on reconsideration must be made by an official who did not take part in the original determination that the bidder/offeror failed to meet the goal or make adequate GFE to do so. 3. The bidder/offeror must have the opportunity to meet in person with the City reconsideration official to discuss the issues of whether it met the goal or made an adequate GFE to do so. 4. City must send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make an adequate GFE to do so. 5. The result of the reconsideration process is not administratively appealable to the Department of Transportation. The City’s March 21, 2022, letter to SEI was notification of the City’s determination and its right to reconsideration. SEI responded by email on March 21, 2022, requesting reconsideration and on March 28, 2022, provided the City with a written argument that it made an adequate GFE to meet the goal. The City acknowledged SEI’s request for reconsideration and began the reconsideration process as provided in the City’s letter to SEI, which was dated April 1, 2022. The reconsideration hearing was held on April 14, 2022, and in attendance were SEI, two Reconsideration Officials (Officials), and staff. All parties agreed on the meeting format and presented positions regarding the SEI GFE to the Officials. After the reconsideration meeting, the Officials deliberated independently to make a final determination. The Officials’ final determination concluded that SEI did not perform an adequate GFE to meet the DBE participation goal for the reasons identified in the final GFE determination letter to SEI dated Packet Pg. 217 Report to Redding City Council May 10, 2022 Re: 4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge Page 4 April 22, 2022. All correspondence is attached for reference. Therefore, SEI’s bid is deemed nonresponsive to the bid solicitation. It should be noted that a nonresponsive bid is not unusual in the industry, and in no way provides a reflection of the contractor’s ability to perform the work, nor does it reflect the quality of work or affect the ability to bid on future public works projects. The City proceeded to evaluate the second low bidder, Abacus, of Redding, California in the amount of $3,703,683.84. The City reviewed Abacus’s proposal and DBE commitment form. Abacus achieved a 23.18 percent participation goal, thereby exceeding the project goal of 19 percent. Since Abacus met the project DBE goal, the CFR does not require the bidder to submit a GFE, although one was provided by Abacus. Staff recommends awarding the project to the second low bidder, Abacus Construction, Inc. The engineer’s estimate was $2,929,351.17. Total project development costs for this project are estimated to be $645,000. Project development costs include engineering, surveying, right-of-way, environmental, and consultant services. This project includes the replacement of the Eastside Road bridge over Olney Creek and the rehabilitation of the approach roadway. The work will include removal of the existing bridge in stages, construction of a new bridge over two summer seasons, construction of retaining walls, sidewalk, curb and gutter, utility relocation, roadway construction, and other miscellaneous items of work. On February 6, 2018, the Council adopted the Mitigated Negative Declaration (MND) and the Mitigation Monitoring Program (MMP) and approved the project, thereby satisfying the requirements of the California Environmental Quality Act Guidelines Section 15074 (CEQA). Council Priority/City Manager Goals • This agenda item is a routine operational item. Attachments ^Resolution ^Location Map ^Bid Tab ^Mitigated Negative Declaration 01-31-2022 Abacus BS 5180 Protest of Apparent Low Bidder 02-15-2022 Stewart GFE Evaluation Final 03-02-2022 Caltrans GFE Memo 03-09-2022 Abacus DBE Complaint Form 03-21-2022 COR GFE Letter to SEI 03-21-2022 Stewart GFE Re-Evaluation final 03-28-2022 SEI Response Letter to GFE Evaluation 04-01-2022 COR Response to SEI GFE Evaluation Letter 04-01-2022 COR Reconsideration Meeting Letter 04-22-2022 COR SEI GFE Reconsideration Final Determination Letter Title 49 CFR 26.53 Title 49 CFR 26.53 Appendix A Caltrans LAPM Section 9.8 Packet Pg. 218 RESOLUTION NO. 2022-______ A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 42ND AMENDMENT TO CITY BUDGET RESOLUTION NO. 2021-078 APPROPRIATING $3,437,080 FOR THE EASTSIDE ROAD OVER OLNEY CREEK BRIDGE PROJECT FOR FISCAL YEAR 2021-22 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2021-078 be and is hereby amended as follows: FUND DIVISION DESCRIPTION INCREASE DECREASE 128 128 563 566 Traffic Impact Fee Capital Transportation Grant Projects $1,380,390 $2,056,690 THAT account titles and numbers requiring adjustments by this Resolution are as follows: USE SOURCE OF FUNDS OF FUNDS Decrease (Increase) Beginning Balance 128-563-1-0001-01 Beginning Balance $ 1,380,390 Increase (Decrease) Revenue 128-566-6-2650-18 Federal Grant - Capital - Transportation $2,056,690 Increase Expenditures 128-563-4908-10 Eastside/Olney Bridge $1,380,390 128-566-4908-10 Eastside/Olney Bridge $ 2,056,690 Total $ 3,437,080 $ 3,437,080 THAT the purpose is to appropriate $3,437,080 for the Eastside Road over Olney Creek bridge project for fiscal year 2021-22. Packet Pg. 219 Attachment: ^Resolution (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 17th day of May, 2022, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: KRISTEN SCHREDER, Mayor ATTEST: FORM APPROVAL: PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney Packet Pg. 220 Attachment: ^Resolution (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) CITY OF REDDING LOCATION MAP EXHIBIT A EASTSIDE RD AT OLNEY CREEK BRIDGE REPLACEMENT PROJECT PUBLIC WORKS DEPARTMENT LOCATION PROJECT Packet Pg. 221 Attachment: ^Location Map (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR: CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE PROJECT Bid Schedule No.: 5180 Job No.: 2477 ENGINEER'S EST Stewart Engineering, Inc.* Abacus Construction, Inc. 1/25/2022 UNIT UNIT UNIT ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 CONSTRUCTION SURVEYING & STAKING LS 1 $20,000.00 $20,000.00 $17,890.00 $17,890.00 $21,275.00 $21,275.00 2 PROGRESS SCHEDULE (CRITICAL PATH METHOD) LS 1 $10,000.00 $10,000.00 $10,200.00 $10,200.00 $4,025.00 $4,025.00 3 CONSTRUCTION AREA SIGNS LS 1 $34,000.00 $34,000.00 $9,540.00 $9,540.00 $10,925.00 $10,925.00 4 TRAFFIC CONTROL SYSTEM LS 1 $100,000.00 $100,000.00 $28,300.00 $28,300.00 $24,150.00 $24,150.00 5 TYPE III BARRICADE EA 12 $150.00 $1,800.00 $149.00 $1,788.00 $69.00 $828.00 6 TEMPORARY PAVEMENT MARKING (PAINT) SQFT 48 $40.00 $1,920.00 $34.00 $1,632.00 $28.80 $1,382.40 7 TEMPORARY TRAFFIC STRIPE (PAINT) LF 618 $4.00 $2,472.00 $6.00 $3,708.00 $5.20 $3,213.60 8 CHANNELIZER (SURFACE MOUNTED) EA 66 $50.00 $3,300.00 $77.00 $5,082.00 $57.50 $3,795.00 9 TEMPORARY SIGNAL SYSTEM LS 1 $175,000.00 $175,000.00 $88,780.00 $88,780.00 $23,000.00 $23,000.00 10 PORTABLE CHANGEABLE MESSAGE SIGN (EA) EA 2 $3,500.00 $7,000.00 $11,670.00 $23,340.00 $4,312.50 $8,625.00 11 TEMPORARY RAILING (TYPE K) LF 1940 $40.00 $77,600.00 $14.50 $28,130.00 $25.10 $48,694.00 12 TEMPORARY ALTERNATIVE CRASH CUSHION EA 6 $25,000.00 $150,000.00 $2,220.00 $13,320.00 $2,587.50 $15,525.00 13 JOB SITE MANAGEMENT LS 1 $10,000.00 $10,000.00 $50,300.00 $50,300.00 $152,375.00 $152,375.00 14 PREPARE STORM WATER POLLUTION PREVENTION PLAN LS 1 $6,000.00 $6,000.00 $4,145.00 $4,145.00 $718.80 $718.80 15 RAIN EVENT ACTION PLAN EA 12 $500.00 $6,000.00 $435.00 $5,220.00 $345.00 $4,140.00 16 MOVE-IN/MOVE-OUT (TEMPORARY EROSION CONTROL) EA 2 $1,500.00 $3,000.00 $1,370.00 $2,740.00 $747.50 $1,495.00 17 TEMPORARY HYDRAULIC MULCH (BONDED FIBER MATRIX) SQYD 1000 $1.50 $1,500.00 $2.75 $2,750.00 $2.70 $2,700.00 18 TEMPORARY FIBER ROLL LF 820 $7.00 $5,740.00 $8.50 $6,970.00 $9.20 $7,544.00 19 TEMPORARY SILT FENCE LF 240 $8.00 $1,920.00 $12.50 $3,000.00 $11.50 $2,760.00 20 TEMPORARY CONSTRUCTION ENTRANCE EA 2 $2,000.00 $4,000.00 $4,750.00 $9,500.00 $10,350.00 $20,700.00 21 TEMPORARY CONCRETE WASHOUT LS 1 $3,500.00 $3,500.00 $20,450.00 $20,450.00 $6,900.00 $6,900.00 22 WATER QUALITY MONITORING REPORT EA 10 $500.00 $5,000.00 $370.00 $3,700.00 $345.00 $3,450.00 23 TEMPORARY CREEK DIVERSION SYSTEMS LS 1 $25,000.00 $25,000.00 $134,430.00 $134,430.00 $61,985.00 $61,985.00 24 ASBESTOS COMPLIANCE PLAN LS 1 $6,000.00 $6,000.00 $22,720.00 $22,720.00 $3,450.00 $3,450.00 25 CONTRACTOR-SUPPLIED BIOLOGIST (LS) LS 1 $15,000.00 $15,000.00 $19,730.00 $19,730.00 $23,000.00 $23,000.00 26 TEMPORARY HIGH-VISIBILITY FENCE LF 1270 $4.00 $5,080.00 $7.00 $8,890.00 $8.90 $11,303.00 27 ROADWAY EXCAVATION CY 1021 $100.00 $102,100.00 $39.00 $39,819.00 $115.00 $117,415.00 28(F) STRUCTURE EXCAVATION (BRIDGE) CY 433 $75.00 $32,475.00 $226.00 $97,858.00 $107.00 $46,331.00 29(F) STRUCTURE EXCAVATION (TYPE D) CY 465 $80.00 $37,200.00 $67.00 $31,155.00 $113.40 $52,731.00 30(F) STRUCTURE EXCAVATION (RETAINING WALL) CY 32 $75.00 $2,400.00 $80.00 $2,560.00 $143.80 $4,601.60 31(F) STRUCTURE BACKFILL (BRIDGE) CY 429 $100.00 $42,900.00 $137.00 $58,773.00 $329.50 $141,355.50 32(F) STRUCTURE BACKFILL (RETAINING WALL) CY 50 $100.00 $5,000.00 $154.00 $7,700.00 $345.00 $17,250.00 33 6" SCHEDULE 40 PVC CONDUIT LF 880 $25.00 $22,000.00 $61.00 $53,680.00 $57.50 $50,600.00 34 BONDED FIBER MATRIX (SQFT) SQFT 5217 $0.15 $782.55 $1.00 $5,217.00 $0.90 $4,695.30 35 CLASS 2 AGGREGATE BASE (CY) CY 1063 $100.00 $106,300.00 $104.00 $110,552.00 $125.40 $133,300.20 36 HOT MIX ASPHALT (TYPE A) TON 776 $150.00 $116,400.00 $200.00 $155,200.00 $178.30 Packet Pg. 222 $138,360.80 Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR: CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE PROJECT Bid Schedule No.: 5180 Job No.: 2477 ENGINEER'S EST Stewart Engineering, Inc.* Abacus Construction, Inc. 1/25/2022 UNIT UNIT UNIT ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL 37 TEMPORARY SHORING LS 1 $20,000.00 $20,000.00 $98,320.00 $98,320.00 $57,500.00 $57,500.00 38(F) STRUCTURAL CONCRETE, BRIDGE FOOTING CY 108 $750.00 $81,000.00 $680.00 $73,440.00 $868.80 $93,830.40 39(F) STRUCTURAL CONCRETE, BRIDGE CY 268 $900.00 $241,200.00 $1,400.00 $375,200.00 $1,322.20 $354,349.60 40(F) STRUCTURAL CONCRETE, BRIDGE (POLYMER FIBER) CY 231 $1,000.00 $231,000.00 $1,690.00 $390,390.00 $983.10 $227,096.10 41(F) STRUCTURAL CONCRETE, RETAINING WALL CY 20 $900.00 $18,000.00 $1,700.00 $34,000.00 $1,205.60 $24,112.00 42(F) STRUCTURAL CONCRETE, APPROACH SLAB (TYPE EQ) CY 42 $1,200.00 $50,400.00 $1,250.00 $52,500.00 $1,335.10 $56,074.20 43(F) JOINT SEAL (MR 1") LF 120 $50.00 $6,000.00 $78.00 $9,360.00 $80.50 $9,660.00 44(F) BAR REINFORCING STEEL (BRIDGE) LB 135100 $1.85 $249,935.00 $1.75 $236,425.00 $1.90 $256,690.00 45(F) BAR REINFORCING STEEL (RETAINING WALL) LB 3800 $1.85 $7,030.00 $3.25 $12,350.00 $1.90 $7,220.00 46(F) BAR REINFORCING STEEL (GALVANIZED) LB 4450 $3.00 $13,350.00 $1.50 $6,675.00 $2.30 $10,235.00 47 REMOVE TREE EA 3 $750.00 $2,250.00 $1,100.00 $3,300.00 $2,875.00 $8,625.00 48 BRIDGE REMOVAL LS 1 $30,600.00 $30,600.00 $75,000.00 $75,000.00 $237,567.00 $237,567.00 49 36" REINFORCED CONCRETE PIPE LF 112 $315.00 $35,280.00 $615.00 $68,880.00 $425.10 $47,611.20 50 10" WELDED STEEL PIPE (.205" THICK) LF 20 $350.00 $7,000.00 $390.00 $7,800.00 $345.00 $6,900.00 51 12" WELDED STEEL PIPE (.105" THICK) LF 43 $365.00 $15,695.00 $243.00 $10,449.00 $230.00 $9,890.00 52 TYPE 1 STORM DRAIN MANHOLE EA 1 $2,500.00 $2,500.00 $16,875.00 $16,875.00 $12,075.00 $12,075.00 53 24" STORM DRAIN MANHOLE COVER ASSEMBLY (STREET TYPE) EA 1 $800.00 $800.00 $1,420.00 $1,420.00 $1,150.00 $1,150.00 54 ABANDON ELECTRICAL CONDUIT EA 440 $20.00 $8,800.00 $9.50 $4,180.00 $9.20 $4,048.00 55 REMOVE STORM DRAIN LF 116 $15.00 $1,740.00 $55.00 $6,380.00 $74.89 $8,687.24 56 REMOVE 12" ASBESTOS CONCRETE WATERLINE LF 459 $35.00 $16,065.00 $64.00 $29,376.00 $115.00 $52,785.00 57 ROCK SLOPE PROTECTION (1/4 T, Class V, METHOD B) (CY) CY 230 $220.00 $50,600.00 $147.00 $33,810.00 $264.90 $60,927.00 58 ROCK SLOPE PROTECTION (20 lb, Class I, METHOD B) (CY) CY 13 $300.00 $3,900.00 $295.00 $3,835.00 $238.00 $3,094.00 59 ROCK SLOPE PROTECTION FABRIC (CLASS 8) SQYD 412 $15.00 $6,180.00 $45.00 $18,540.00 $10.40 $4,284.80 60 DETECTABLE WARNING SURFACE SQFT 21 $45.00 $945.00 $46.00 $966.00 $46.00 $966.00 61 MINOR CONCRETE (CURB AND GUTTER) CY 26 $1,000.00 $26,000.00 $1,140.00 $29,640.00 $1,092.50 $28,405.00 62 MINOR CONCRETE (DRIVEWAY) CY 31 $1,100.00 $34,100.00 $1,120.00 $34,720.00 $920.00 $28,520.00 63 MINOR CONCRETE (SIDEWALK) CY 28 $900.00 $25,200.00 $1,110.00 $31,080.00 $920.00 $25,760.00 64 MINOR CONCRETE (CURB RAMP) CY 3 $950.00 $2,850.00 $120.00 $360.00 $1,150.00 $3,450.00 65 REMOVE CONCRETE CURB AND SIDEWALK (SQYD) SQYD 110 $50.00 $5,500.00 $50.00 $5,500.00 $69.00 $7,590.00 66 REMOVE CONCRETE DRIVEWAY SQYD 153 $50.00 $7,650.00 $9.00 $1,377.00 $46.00 $7,038.00 67(F) MISCELLANEOUS METAL (BRIDGE) LB 2410 $20.00 $48,200.00 $8.50 $20,485.00 $17.50 $42,175.00 Packet Pg. 223 Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR: CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE PROJECT Bid Schedule No.: 5180 Job No.: 2477 ENGINEER'S EST Stewart Engineering, Inc.* Abacus Construction, Inc. 1/25/2022 UNIT UNIT UNIT ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL 68 12" CLASS 250 DUCTILE IRON PIPE WATERLINE AND FITTINGS (TEMPORARY WATERLINE) LF 150 $130.00 $19,500.00 $200.00 $30,000.00 $402.50 $60,375.00 69 12" CLASS 250 DUCTILE IRON PIPE WATERLINE AND FITTINGS LF 420 $130.00 $54,600.00 $240.00 $100,800.00 $425.50 $178,710.00 70 12" BUTTERFLY VALVE ASSEMBLY EA 3 $2,100.00 $6,300.00 $5,500.00 $16,500.00 $4,140.00 $12,420.00 71 FIRE HYDRANT INSTALLATION EA 1 $6,500.00 $6,500.00 $8,050.00 $8,050.00 $10,580.00 $10,580.00 72 FORCED BALANCE EXPANSION ASSEMBLY EA 1 $1,500.00 $1,500.00 $24,320.00 $24,320.00 $20,125.00 $20,125.00 73 COMBINATION AIR VALVE EA 1 $5,600.00 $5,600.00 $9,950.00 $9,950.00 $8,050.00 $8,050.00 74 PRESSURE TEST LS 1 $2,500.00 $2,500.00 $6,780.00 $6,780.00 $4,600.00 $4,600.00 75 PIPELINE DISINFECTION AND TESTING LS 1 $2,500.00 $2,500.00 $10,880.00 $10,880.00 $4,600.00 $4,600.00 76 ADJUST MANHOLE TO GRADE EA 2 $500.00 $1,000.00 $1,680.00 $3,360.00 $575.00 $1,150.00 77 UNDER SIDEWALK DRAIN EA 1 $1,500.00 $1,500.00 $2,300.00 $2,300.00 $2,070.00 $2,070.00 78 ADJUST SURVEY MONUMENT EA 2 $2,500.00 $5,000.00 $1,120.00 $2,240.00 $1,380.00 $2,760.00 79 RECONSTRUCT FENCE (TYPE CL-6) LF 240 $45.00 $10,800.00 $95.00 $22,800.00 $57.50 $13,800.00 80 PAVEMENT MARKER (RETROREFLECTIVE) EA 90 $14.00 $1,260.00 $27.00 $2,430.00 $33.30 $2,997.00 81 OBJECT MARKER (TYPE P) EA 5 $50.00 $250.00 $106.00 $530.00 $86.30 $431.50 82 REMOVE ROADSIDE SIGN EA 6 $150.00 $900.00 $120.00 $720.00 $172.50 $1,035.00 83 RELOCATE ROADSIDE SIGN-ONE POST EA 7 $250.00 $1,750.00 $230.00 $1,610.00 $258.80 $1,811.60 84 RELOCATE ROADSIDE SIGN-TWO POST EA 2 $350.00 $700.00 $720.00 $1,440.00 $460.00 $920.00 85(F) TUBULAR HANDRAILING LF 250 $80.00 $20,000.00 $125.00 $31,250.00 $294.50 $73,625.00 86(F) HANDRAILING LF 20 $200.00 $4,000.00 $660.00 $13,200.00 $421.80 $8,436.00 87(F) CONCRETE BARRIER (TYPE 732SW) LF 250 $220.00 $55,000.00 $420.00 $105,000.00 $264.60 $66,150.00 88 THERMOPLASTIC TRAFFIC STRIPE (SPRAYABLE) LF 3210 $3.00 $9,630.00 $2.00 $6,420.00 $2.10 $6,741.00 89 REMOVE THERMOPLASTIC TRAFFIC STRIPE LF 815 $1.50 $1,222.50 $5.00 $4,075.00 $5.80 $4,727.00 90 MOBILIZATION LS 1 $287,019.12 $287,019.12 $325,000.00 $325,000.00 $327,750.00 $327,750.00 91 STORM WATER SAMPLING AND ANALYSIS DAY EA 32 $530.00 $16,960.00 $524.00 $16,768.00 $345.00 $11,040.00 92 STORM WATER ANNUAL REPORT EA 3 $2,000.00 $6,000.00 $356.00 $1,068.00 $345.00 $1,035.00 93 WATER QUALITY SAMPLING AND ANALYSIS DAY EA 12 $600.00 $7,200.00 $744.00 $8,928.00 $345.00 $4,140.00 94 WATER QUALITY ANNUAL REPORT EA 2 $1,000.00 $2,000.00 $742.00 $1,484.00 $345.00 $690.00 TOTAL - CONTRACT ITEMS $2,929,351.17 $3,539,305.00 $3,703,683.84 *Deemed nonresponsive. Shaded areas indicate corrections made in accordance with the Special Provisions. Packet Pg. 224 Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR: CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE P Bid Schedule No.: 5180 Job No.: 2477 1/25/2022 ITEM DESCRIPTION UNIT QTY 1 CONSTRUCTION SURVEYING & STAKING LS 1 2 PROGRESS SCHEDULE (CRITICAL PATH METHOD) LS 1 3 CONSTRUCTION AREA SIGNS LS 1 4 TRAFFIC CONTROL SYSTEM LS 1 5 TYPE III BARRICADE EA 12 6 TEMPORARY PAVEMENT MARKING (PAINT) SQFT 48 7 TEMPORARY TRAFFIC STRIPE (PAINT) LF 618 8 CHANNELIZER (SURFACE MOUNTED) EA 66 9 TEMPORARY SIGNAL SYSTEM LS 1 10 PORTABLE CHANGEABLE MESSAGE SIGN (EA) EA 2 11 TEMPORARY RAILING (TYPE K) LF 1940 12 TEMPORARY ALTERNATIVE CRASH CUSHION EA 6 13 JOB SITE MANAGEMENT LS 1 14 PREPARE STORM WATER POLLUTION PREVENTION PLAN LS 1 15 RAIN EVENT ACTION PLAN EA 12 16 MOVE-IN/MOVE-OUT (TEMPORARY EROSION CONTROL) EA 2 17 TEMPORARY HYDRAULIC MULCH (BONDED FIBER MATRIX) SQYD 1000 18 TEMPORARY FIBER ROLL LF 820 19 TEMPORARY SILT FENCE LF 240 20 TEMPORARY CONSTRUCTION ENTRANCE EA 2 21 TEMPORARY CONCRETE WASHOUT LS 1 22 WATER QUALITY MONITORING REPORT EA 10 23 TEMPORARY CREEK DIVERSION SYSTEMS LS 1 24 ASBESTOS COMPLIANCE PLAN LS 1 25 CONTRACTOR-SUPPLIED BIOLOGIST (LS) LS 1 26 TEMPORARY HIGH-VISIBILITY FENCE LF 1270 27 ROADWAY EXCAVATION CY 1021 28(F) STRUCTURE EXCAVATION (BRIDGE) CY 433 29(F) STRUCTURE EXCAVATION (TYPE D) CY 465 30(F) STRUCTURE EXCAVATION (RETAINING WALL) CY 32 31(F) STRUCTURE BACKFILL (BRIDGE) CY 429 32(F) STRUCTURE BACKFILL (RETAINING WALL) CY 50 33 6" SCHEDULE 40 PVC CONDUIT LF 880 34 BONDED FIBER MATRIX (SQFT) SQFT 5217 35 CLASS 2 AGGREGATE BASE (CY) CY 1063 36 HOT MIX ASPHALT (TYPE A) TON 776 J.F. Shea Construction, Inc. MCM Construction, Inc. Steelhead Constructors UNIT UNIT UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL $27,500.00 $27,500.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $6,600.00 $6,600.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $8,800.00 $8,800.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $58,000.00 $58,000.00 $25,000.00 $25,000.00 $40,000.00 $40,000.00 $165.00 $1,980.00 $105.00 $1,260.00 $80.00 $960.00 $27.50 $1,320.00 $30.00 $1,440.00 $25.00 $1,200.00 $5.00 $3,090.00 $5.00 $3,090.00 $4.50 $2,781.00 $44.00 $2,904.00 $75.00 $4,950.00 $54.00 $3,564.00 $50,600.00 $50,600.00 $65,000.00 $65,000.00 $100,000.00 $100,000.00 $19,305.00 $38,610.00 $15,000.00 $30,000.00 $15,000.00 $30,000.00 $21.55 $41,807.00 $34.00 $65,960.00 $30.00 $58,200.00 $2,200.00 $13,200.00 $4,500.00 $27,000.00 $6,000.00 $36,000.00 $21,000.00 $21,000.00 $50,000.00 $50,000.00 $35,000.00 $35,000.00 $3,300.00 $3,300.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $275.00 $3,300.00 $400.00 $4,800.00 $170.00 $2,040.00 $715.00 $1,430.00 $1,300.00 $2,600.00 $800.00 $1,600.00 $2.53 $2,530.00 $5.00 $5,000.00 $3.00 $3,000.00 $13.80 $11,316.00 $7.00 $5,740.00 $5.00 $4,100.00 $28.50 $6,840.00 $11.00 $2,640.00 $7.00 $1,680.00 $6,125.00 $12,250.00 $7,000.00 $14,000.00 $2,500.00 $5,000.00 $11,000.00 $11,000.00 $5,500.00 $5,500.00 $2,600.00 $2,600.00 $343.30 $3,433.00 $325.00 $3,250.00 $330.00 $3,300.00 $99,000.00 $99,000.00 $50,000.00 $50,000.00 $75,000.00 $75,000.00 $5,500.00 $5,500.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $28,500.00 $28,500.00 $75,000.00 $75,000.00 $17,000.00 $17,000.00 $7.00 $8,890.00 $7.00 $8,890.00 $5.50 $6,985.00 $71.00 $72,491.00 $105.00 $107,205.00 $120.00 $122,520.00 $109.00 $47,197.00 $140.00 $60,620.00 $430.00 $186,190.00 $310.00 $144,150.00 $265.00 $123,225.00 $890.00 $413,850.00 $155.00 $4,960.00 $120.00 $3,840.00 $260.00 $8,320.00 $161.00 $69,069.00 $225.00 $96,525.00 $350.00 $150,150.00 $208.00 $10,400.00 $160.00 $8,000.00 $160.00 $8,000.00 $19.00 $16,720.00 $65.00 $57,200.00 $68.00 $59,840.00 $1.00 $5,217.00 $2.00 $10,434.00 $1.00 $5,217.00 $90.00 $95,670.00 $95.00 $100,985.00 $87.00 $92,481.00 $180.00 $139,680.00 $200.00 $155,200.00 $200.00Packet Pg. 225 $155,200.00Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR: CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE P Bid Schedule No.: 5180 Job No.: 2477 1/25/2022 ITEM DESCRIPTION UNIT QTY 37 TEMPORARY SHORING LS 1 38(F) STRUCTURAL CONCRETE, BRIDGE FOOTING CY 108 39(F) STRUCTURAL CONCRETE, BRIDGE CY 268 40(F) STRUCTURAL CONCRETE, BRIDGE (POLYMER FIBER) CY 231 41(F) STRUCTURAL CONCRETE, RETAINING WALL CY 20 42(F) STRUCTURAL CONCRETE, APPROACH SLAB (TYPE EQ) CY 42 43(F) JOINT SEAL (MR 1") LF 120 44(F) BAR REINFORCING STEEL (BRIDGE) LB 135100 45(F) BAR REINFORCING STEEL (RETAINING WALL) LB 3800 46(F) BAR REINFORCING STEEL (GALVANIZED) LB 4450 47 REMOVE TREE EA 3 48 BRIDGE REMOVAL LS 1 49 36" REINFORCED CONCRETE PIPE LF 112 50 10" WELDED STEEL PIPE (.205" THICK) LF 20 51 12" WELDED STEEL PIPE (.105" THICK) LF 43 52 TYPE 1 STORM DRAIN MANHOLE EA 1 53 24" STORM DRAIN MANHOLE COVER ASSEMBLY (STREET TYPE) EA 1 54 ABANDON ELECTRICAL CONDUIT EA 440 55 REMOVE STORM DRAIN LF 116 56 REMOVE 12" ASBESTOS CONCRETE WATERLINE LF 459 57 ROCK SLOPE PROTECTION (1/4 T, Class V, METHOD B) (CY) CY 230 58 ROCK SLOPE PROTECTION (20 lb, Class I, METHOD B) (CY) CY 13 59 ROCK SLOPE PROTECTION FABRIC (CLASS 8) SQYD 412 60 DETECTABLE WARNING SURFACE SQFT 21 61 MINOR CONCRETE (CURB AND GUTTER) CY 26 62 MINOR CONCRETE (DRIVEWAY) CY 31 63 MINOR CONCRETE (SIDEWALK) CY 28 64 MINOR CONCRETE (CURB RAMP) CY 3 65 REMOVE CONCRETE CURB AND SIDEWALK (SQYD) SQYD 110 66 REMOVE CONCRETE DRIVEWAY SQYD 153 67(F) MISCELLANEOUS METAL (BRIDGE) LB 2410 J.F. Shea Construction, Inc. MCM Construction, Inc. Steelhead Constructors UNIT UNIT UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL $56,500.00 $56,500.00 $130,000.00 $130,000.00 $10,000.00 $10,000.00 $1,500.00 $162,000.00 $1,000.00 $108,000.00 $975.00 $105,300.00 $1,275.00 $341,700.00 $2,600.00 $696,800.00 $2,500.00 $670,000.00 $2,372.00 $547,932.00 $1,750.00 $404,250.00 $800.00 $184,800.00 $5,075.00 $101,500.00 $2,000.00 $40,000.00 $2,100.00 $42,000.00 $2,765.00 $116,130.00 $2,200.00 $92,400.00 $1,650.00 $69,300.00 $82.00 $9,840.00 $75.00 $9,000.00 $130.00 $15,600.00 $1.76 $237,776.00 $1.75 $236,425.00 $2.00 $270,200.00 $3.18 $12,084.00 $3.00 $11,400.00 $3.50 $13,300.00 $1.42 $6,319.00 $2.00 $8,900.00 $1.50 $6,675.00 $2,060.00 $6,180.00 $2,500.00 $7,500.00 $830.00 $2,490.00 $96,000.00 $96,000.00 $125,000.00 $125,000.00 $140,000.00 $140,000.00 $542.00 $60,704.00 $350.00 $39,200.00 $790.00 $88,480.00 $540.00 $10,800.00 $400.00 $8,000.00 $250.00 $5,000.00 $614.00 $26,402.00 $500.00 $21,500.00 $540.00 $23,220.00 $17,000.00 $17,000.00 $20,000.00 $20,000.00 $17,000.00 $17,000.00 $2,465.00 $2,465.00 $3,000.00 $3,000.00 $660.00 $660.00 $11.00 $4,840.00 $55.00 $24,200.00 $5.00 $2,200.00 $98.00 $11,368.00 $180.00 $20,880.00 $25.00 $2,900.00 $80.00 $36,720.00 $200.00 $91,800.00 $79.00 $36,261.00 $120.00 $27,600.00 $425.00 $97,750.00 $160.00 $36,800.00 $538.00 $6,994.00 $1,100.00 $14,300.00 $290.00 $3,770.00 $4.50 $1,854.00 $12.00 $4,944.00 $12.00 $4,944.00 $44.00 $924.00 $80.00 $1,680.00 $49.00 $1,029.00 $1,056.00 $27,456.00 $1,000.00 $26,000.00 $1,200.00 $31,200.00 $1,034.00 $32,054.00 $1,000.00 $31,000.00 $1,200.00 $37,200.00 $1,023.00 $28,644.00 $1,000.00 $28,000.00 $1,100.00 $30,800.00 $1,100.00 $3,300.00 $1,100.00 $3,300.00 $1,200.00 $3,600.00 $58.00 $6,380.00 $120.00 $13,200.00 $37.00 $4,070.00 $43.00 $6,579.00 $110.00 $16,830.00 $37.00 $5,661.00 $20.00 $48,200.00 $15.00 $36,150.00 $42.00 $101,220.00 Packet Pg. 226 Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR: CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE P Bid Schedule No.: 5180 Job No.: 2477 1/25/2022 ITEM DESCRIPTION UNIT QTY 68 12" CLASS 250 DUCTILE IRON PIPE WATERLINE AND FITTINGS (TEMPORARY WATERLINE) LF 150 69 12" CLASS 250 DUCTILE IRON PIPE WATERLINE AND FITTINGS LF 420 70 12" BUTTERFLY VALVE ASSEMBLY EA 3 71 FIRE HYDRANT INSTALLATION EA 1 72 FORCED BALANCE EXPANSION ASSEMBLY EA 1 73 COMBINATION AIR VALVE EA 1 74 PRESSURE TEST LS 1 75 PIPELINE DISINFECTION AND TESTING LS 1 76 ADJUST MANHOLE TO GRADE EA 2 77 UNDER SIDEWALK DRAIN EA 1 78 ADJUST SURVEY MONUMENT EA 2 79 RECONSTRUCT FENCE (TYPE CL-6) LF 240 80 PAVEMENT MARKER (RETROREFLECTIVE) EA 90 81 OBJECT MARKER (TYPE P) EA 5 82 REMOVE ROADSIDE SIGN EA 6 83 RELOCATE ROADSIDE SIGN-ONE POST EA 7 84 RELOCATE ROADSIDE SIGN-TWO POST EA 2 85(F) TUBULAR HANDRAILING LF 250 86(F) HANDRAILING LF 20 87(F) CONCRETE BARRIER (TYPE 732SW) LF 250 88 THERMOPLASTIC TRAFFIC STRIPE (SPRAYABLE) LF 3210 89 REMOVE THERMOPLASTIC TRAFFIC STRIPE LF 815 90 MOBILIZATION LS 1 91 STORM WATER SAMPLING AND ANALYSIS DAY EA 32 92 STORM WATER ANNUAL REPORT EA 3 93 WATER QUALITY SAMPLING AND ANALYSIS DAY EA 12 94 WATER QUALITY ANNUAL REPORT EA 2 TOTAL - CONTRACT ITEMS *Deemed nonresponsive. Shaded areas indicate corrections made in accordance with the Special Prov J.F. Shea Construction, Inc. MCM Construction, Inc. Steelhead Constructors UNIT UNIT UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL $455.00 $68,250.00 $725.00 $108,750.00 $870.00 $130,500.00 $315.00 $132,300.00 $325.00 $136,500.00 $410.00 $172,200.00 $5,025.00 $15,075.00 $6,000.00 $18,000.00 $6,100.00 $18,300.00 $11,115.00 $11,115.00 $13,000.00 $13,000.00 $12,000.00 $12,000.00 $22,400.00 $22,400.00 $19,000.00 $19,000.00 $23,000.00 $23,000.00 $9,750.00 $9,750.00 $7,000.00 $7,000.00 $6,200.00 $6,200.00 $17,000.00 $17,000.00 $10,000.00 $10,000.00 $8,100.00 $8,100.00 $6,375.00 $6,375.00 $18,000.00 $18,000.00 $2,100.00 $2,100.00 $2,525.00 $5,050.00 $12,000.00 $24,000.00 $930.00 $1,860.00 $2,200.00 $2,200.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $2,091.00 $4,182.00 $5,000.00 $10,000.00 $930.00 $1,860.00 $115.00 $27,600.00 $60.00 $14,400.00 $72.00 $17,280.00 $22.00 $1,980.00 $25.00 $2,250.00 $25.00 $2,250.00 $104.00 $520.00 $75.00 $375.00 $100.00 $500.00 $110.00 $660.00 $200.00 $1,200.00 $75.00 $450.00 $220.00 $1,540.00 $350.00 $2,450.00 $370.00 $2,590.00 $660.00 $1,320.00 $550.00 $1,100.00 $620.00 $1,240.00 $109.00 $27,250.00 $110.00 $27,500.00 $95.00 $23,750.00 $903.00 $18,060.00 $365.00 $7,300.00 $280.00 $5,600.00 $241.00 $60,250.00 $500.00 $125,000.00 $550.00 $137,500.00 $1.60 $5,136.00 $2.00 $6,420.00 $2.00 $6,420.00 $4.40 $3,586.00 $5.00 $4,075.00 $5.00 $4,075.00 $237,000.00 $237,000.00 $461,000.00 $461,000.00 $470,000.00 $470,000.00 $550.00 $17,600.00 $425.00 $13,600.00 $670.00 $21,440.00 $550.00 $1,650.00 $820.00 $2,460.00 $670.00 $2,010.00 $275.00 $3,300.00 $425.00 $5,100.00 $670.00 $8,040.00 $681.00 $1,362.00 $1,000.00 $2,000.00 $670.00 $1,340.00 $3,835,010.00 $4,640,243.00 $4,737,563.00 Packet Pg. 227 Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR: CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE P Bid Schedule No.: 5180 Job No.: 2477 1/25/2022 ITEM DESCRIPTION UNIT QTY 1 CONSTRUCTION SURVEYING & STAKING LS 1 2 PROGRESS SCHEDULE (CRITICAL PATH METHOD) LS 1 3 CONSTRUCTION AREA SIGNS LS 1 4 TRAFFIC CONTROL SYSTEM LS 1 5 TYPE III BARRICADE EA 12 6 TEMPORARY PAVEMENT MARKING (PAINT) SQFT 48 7 TEMPORARY TRAFFIC STRIPE (PAINT) LF 618 8 CHANNELIZER (SURFACE MOUNTED) EA 66 9 TEMPORARY SIGNAL SYSTEM LS 1 10 PORTABLE CHANGEABLE MESSAGE SIGN (EA) EA 2 11 TEMPORARY RAILING (TYPE K) LF 1940 12 TEMPORARY ALTERNATIVE CRASH CUSHION EA 6 13 JOB SITE MANAGEMENT LS 1 14 PREPARE STORM WATER POLLUTION PREVENTION PLAN LS 1 15 RAIN EVENT ACTION PLAN EA 12 16 MOVE-IN/MOVE-OUT (TEMPORARY EROSION CONTROL) EA 2 17 TEMPORARY HYDRAULIC MULCH (BONDED FIBER MATRIX) SQYD 1000 18 TEMPORARY FIBER ROLL LF 820 19 TEMPORARY SILT FENCE LF 240 20 TEMPORARY CONSTRUCTION ENTRANCE EA 2 21 TEMPORARY CONCRETE WASHOUT LS 1 22 WATER QUALITY MONITORING REPORT EA 10 23 TEMPORARY CREEK DIVERSION SYSTEMS LS 1 24 ASBESTOS COMPLIANCE PLAN LS 1 25 CONTRACTOR-SUPPLIED BIOLOGIST (LS) LS 1 26 TEMPORARY HIGH-VISIBILITY FENCE LF 1270 27 ROADWAY EXCAVATION CY 1021 28(F) STRUCTURE EXCAVATION (BRIDGE) CY 433 29(F) STRUCTURE EXCAVATION (TYPE D) CY 465 30(F) STRUCTURE EXCAVATION (RETAINING WALL) CY 32 31(F) STRUCTURE BACKFILL (BRIDGE) CY 429 32(F) STRUCTURE BACKFILL (RETAINING WALL) CY 50 33 6" SCHEDULE 40 PVC CONDUIT LF 880 34 BONDED FIBER MATRIX (SQFT) SQFT 5217 35 CLASS 2 AGGREGATE BASE (CY) CY 1063 36 HOT MIX ASPHALT (TYPE A) TON 776 Viking Construction Company UNIT UNIT UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL $30,000.00 $30,000.00 $8,500.00 $8,500.00 $10,000.00 $10,000.00 $20,000.00 $20,000.00 $150.00 $1,800.00 $5.00 $240.00 $5.00 $3,090.00 $50.00 $3,300.00 $50,000.00 $50,000.00 $18,000.00 $36,000.00 $35.00 $67,900.00 $6,500.00 $39,000.00 $50,000.00 $50,000.00 $2,000.00 $2,000.00 $350.00 $4,200.00 $1,400.00 $2,800.00 $3.50 $3,500.00 $3.00 $2,460.00 $3.00 $720.00 $8,500.00 $17,000.00 $10,000.00 $10,000.00 $400.00 $4,000.00 $150,000.00 $150,000.00 $4,000.00 $4,000.00 $75,000.00 $75,000.00 $4.00 $5,080.00 $105.00 $107,205.00 $150.00 $64,950.00 $775.00 $360,375.00 $200.00 $6,400.00 $290.00 $124,410.00 $290.00 $14,500.00 $90.00 $79,200.00 $1.00 $5,217.00 $85.00 $90,355.00 $175.00 $135,800.00 Packet Pg. 228 Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR: CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE P Bid Schedule No.: 5180 Job No.: 2477 1/25/2022 ITEM DESCRIPTION UNIT QTY 37 TEMPORARY SHORING LS 1 38(F) STRUCTURAL CONCRETE, BRIDGE FOOTING CY 108 39(F) STRUCTURAL CONCRETE, BRIDGE CY 268 40(F) STRUCTURAL CONCRETE, BRIDGE (POLYMER FIBER) CY 231 41(F) STRUCTURAL CONCRETE, RETAINING WALL CY 20 42(F) STRUCTURAL CONCRETE, APPROACH SLAB (TYPE EQ) CY 42 43(F) JOINT SEAL (MR 1") LF 120 44(F) BAR REINFORCING STEEL (BRIDGE) LB 135100 45(F) BAR REINFORCING STEEL (RETAINING WALL) LB 3800 46(F) BAR REINFORCING STEEL (GALVANIZED) LB 4450 47 REMOVE TREE EA 3 48 BRIDGE REMOVAL LS 1 49 36" REINFORCED CONCRETE PIPE LF 112 50 10" WELDED STEEL PIPE (.205" THICK) LF 20 51 12" WELDED STEEL PIPE (.105" THICK) LF 43 52 TYPE 1 STORM DRAIN MANHOLE EA 1 53 24" STORM DRAIN MANHOLE COVER ASSEMBLY (STREET TYPE) EA 1 54 ABANDON ELECTRICAL CONDUIT EA 440 55 REMOVE STORM DRAIN LF 116 56 REMOVE 12" ASBESTOS CONCRETE WATERLINE LF 459 57 ROCK SLOPE PROTECTION (1/4 T, Class V, METHOD B) (CY) CY 230 58 ROCK SLOPE PROTECTION (20 lb, Class I, METHOD B) (CY) CY 13 59 ROCK SLOPE PROTECTION FABRIC (CLASS 8) SQYD 412 60 DETECTABLE WARNING SURFACE SQFT 21 61 MINOR CONCRETE (CURB AND GUTTER) CY 26 62 MINOR CONCRETE (DRIVEWAY) CY 31 63 MINOR CONCRETE (SIDEWALK) CY 28 64 MINOR CONCRETE (CURB RAMP) CY 3 65 REMOVE CONCRETE CURB AND SIDEWALK (SQYD) SQYD 110 66 REMOVE CONCRETE DRIVEWAY SQYD 153 67(F) MISCELLANEOUS METAL (BRIDGE) LB 2410 Viking Construction Company UNIT UNIT UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL $150,000.00 $150,000.00 $980.00 $105,840.00 $1,600.00 $428,800.00 $2,000.00 $462,000.00 $1,700.00 $34,000.00 $1,800.00 $75,600.00 $120.00 $14,400.00 $2.00 $270,200.00 $2.00 $7,600.00 $1.50 $6,675.00 $1,500.00 $4,500.00 $120,000.00 $120,000.00 $975.00 $109,200.00 $400.00 $8,000.00 $350.00 $15,050.00 $10,500.00 $10,500.00 $3,500.00 $3,500.00 $10.00 $4,400.00 $550.00 $63,800.00 $170.00 $78,030.00 $225.00 $51,750.00 $275.00 $3,575.00 $5.00 $2,060.00 $40.00 $840.00 $1,050.00 $27,300.00 $1,050.00 $32,550.00 $1,050.00 $29,400.00 $1,000.00 $3,000.00 $65.00 $7,150.00 $50.00 $7,650.00 $15.00 $36,150.00 Packet Pg. 229 Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) BID TABULATION FOR: CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE P Bid Schedule No.: 5180 Job No.: 2477 1/25/2022 ITEM DESCRIPTION UNIT QTY 68 12" CLASS 250 DUCTILE IRON PIPE WATERLINE AND FITTINGS (TEMPORARY WATERLINE) LF 150 69 12" CLASS 250 DUCTILE IRON PIPE WATERLINE AND FITTINGS LF 420 70 12" BUTTERFLY VALVE ASSEMBLY EA 3 71 FIRE HYDRANT INSTALLATION EA 1 72 FORCED BALANCE EXPANSION ASSEMBLY EA 1 73 COMBINATION AIR VALVE EA 1 74 PRESSURE TEST LS 1 75 PIPELINE DISINFECTION AND TESTING LS 1 76 ADJUST MANHOLE TO GRADE EA 2 77 UNDER SIDEWALK DRAIN EA 1 78 ADJUST SURVEY MONUMENT EA 2 79 RECONSTRUCT FENCE (TYPE CL-6) LF 240 80 PAVEMENT MARKER (RETROREFLECTIVE) EA 90 81 OBJECT MARKER (TYPE P) EA 5 82 REMOVE ROADSIDE SIGN EA 6 83 RELOCATE ROADSIDE SIGN-ONE POST EA 7 84 RELOCATE ROADSIDE SIGN-TWO POST EA 2 85(F) TUBULAR HANDRAILING LF 250 86(F) HANDRAILING LF 20 87(F) CONCRETE BARRIER (TYPE 732SW) LF 250 88 THERMOPLASTIC TRAFFIC STRIPE (SPRAYABLE) LF 3210 89 REMOVE THERMOPLASTIC TRAFFIC STRIPE LF 815 90 MOBILIZATION LS 1 91 STORM WATER SAMPLING AND ANALYSIS DAY EA 32 92 STORM WATER ANNUAL REPORT EA 3 93 WATER QUALITY SAMPLING AND ANALYSIS DAY EA 12 94 WATER QUALITY ANNUAL REPORT EA 2 TOTAL - CONTRACT ITEMS *Deemed nonresponsive. Shaded areas indicate corrections made in accordance with the Special Prov Viking Construction Company UNIT UNIT UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL $525.00 $78,750.00 $350.00 $147,000.00 $4,500.00 $13,500.00 $17,000.00 $17,000.00 $20,000.00 $20,000.00 $6,500.00 $6,500.00 $11,000.00 $11,000.00 $12,000.00 $12,000.00 $5,500.00 $11,000.00 $2,000.00 $2,000.00 $3,600.00 $7,200.00 $50.00 $12,000.00 $5.00 $450.00 $100.00 $500.00 $125.00 $750.00 $250.00 $1,750.00 $650.00 $1,300.00 $85.00 $21,250.00 $575.00 $11,500.00 $450.00 $112,500.00 $10.00 $32,100.00 $5.00 $4,075.00 $477,000.00 $477,000.00 $300.00 $9,600.00 $500.00 $1,500.00 $300.00 $3,600.00 $500.00 $1,000.00 $4,779,347.00 Packet Pg. 230 Attachment: ^Bid Tab (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 231 Attachment: ^Mitigated Negative Declaration (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 232 Attachment: ^Mitigated Negative Declaration (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 233 Attachment: ^Mitigated Negative Declaration (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 234 Attachment: ^Mitigated Negative Declaration (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 235 Attachment: ^Mitigated Negative Declaration (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Abacus Construction, Inc / PO Box 761 / Palo Cedro CA, 96073 / (530) 215 3104 January 31, 2022 Attention: Mr. Chuck Aukland, P.E. Subject: City of Redding Bid Schedule 5180 Protest of Apparent Low Bidder Mr. Aukland, Please consider this letter a formal request to protest the apparent low bidder status of Steward Engineering, Inc (SEI) posted for COR Bid Schedule 5180. Upon reviewing the list of Subcontractors provided with the bid documents, it became apparent that SEI did not meet the DBE participation goal of 19%. Their total DBE participation claimed was $405,322.09 or 11.5% of the total bid price of $3,536,145. By their own documentation, they received bids from qualified DBE subcontractors for Bid Items 87, 36 and 27. If these bids were to have been used the Contractor could have utilized an additional $206,102 towards the DBE Goal. Using this additional DBE commitment would have increased the DBE percentage to 17.3%. Regardless of whether or not SEI did a proper Good Faith Effort to meet the DBE participation goal, it puts other Contractor’s at a bidding disadvantage to allow this bid to be used being that they received bids from DBE subcontractors and chose not to utilize them when they were still short of the Contract DBE participation goal. Abacus Construction, Inc. had a DBE participation of 23.15% and met the Contract requirements for a Good Faith Effort. We respectfully request that the City consider this information and award the Contract to Abacus Construction, Inc. Please feel free to contact me directly with any questions regarding this issue. Sincerely, Jim Simonis, P.E. Project Manager Abacus Construction, Inc. Packet Pg. 236 Attachment: 01-31-2022 Abacus BS 5180 Protest of Apparent Low Bidder (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 237 Attachment: 02-15-2022 Stewart GFE Evaluation Final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 238 Attachment: 02-15-2022 Stewart GFE Evaluation Final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 239 Attachment: 02-15-2022 Stewart GFE Evaluation Final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 240 Attachment: 02-15-2022 Stewart GFE Evaluation Final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 241 Attachment: 02-15-2022 Stewart GFE Evaluation Final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) State of California California State Transportation Agency DEPARTMENT OF TRANSPORTATION “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” Memorandum Making Conservation a California Way of Life To: ANNETTE GOUDEAU Date: March 2, 2022 Staff Service Analyst Division of Local Assistance File: 02-BRLS-5068(036) From: LAN NGUYEN Transportation Engineer Engineering Support Branch Office of Civil Rights Subject: CITY OF REDDING GOOD FAITH EFFORT EVALUATION The City of Redding determined that the Disadvantaged Business Enterprise (DBE) contract goal for this project is 19%. According to the documentation provided by City of Redding, the DBE commitment listed the apparent lowest bidder, Stewart Engineering Inc. (Stewart Engineering), at 11.46% or $405,322.00 of the total bid for the Eastside Road Over Olney Creek Bridge Project. Engineering Support Branch (ESB) has reviewed the submitted Disadvantaged Business Enterprises (DBE) forms from Stewart Engineering. The City of Redding determined that Stewart Engineering‘s DBE commitment of 11.46% or $405,322.00 did not meet the 19% contract goal. ESB does not concur with City of Redding’s determination that Stewart Engineering did demonstrate adequate Good Faith Effort (GFE) to meet the contract goal. According to the DBE Program, when a bidder has not committed to meet the contract goal, ESB evaluates the bidder’s good faith efforts using Appendix A of 49 CFR Part 26. EVALUATION OF GOOD FAITH EFFORT DOCUMENTATION The Good Faith Efforts (GFE) are all necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation. 1. Outreach Efforts In Part A of the “DBE Good Faith Efforts Documentation” form, the Contractor was asked to describe their outreach efforts, list the dates, location and results. Stewart Engineering reached out to two publications and started their advertisements 18 days before bid opening for solicitation of DBE subcontractors and suppliers. Packet Pg. 242 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Contract No. 02-BRLS-5068(036) Page 2 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” The following table indicates a summary of Stewart Engineering’s advertisements. Publications Advertisement Date Bid Opening Date Number of Days Published Supporting Documents Provided Compliance News Daily Focus Journal January 7, 2022 January 25, 2022 1 Yes Compliance News Monthly Trade Journal January 7, 2022 January 25, 2022 1 Yes Stewart Engineering provided a copy of the advertisements in the GFE supporting documentation. 2. Documentation of Solicitation Efforts and Follow Up In Part B of the “DBE Good Faith Efforts Documentation” form, the Stewart Engineering was to list the name of DBEs solicitated, the date of initial solicitation, items of work offered, and the follow up methods. Stewart Engineering stated, “Please See Attachment C.” Stewart Engineering indicated that they utilized the California United Certification Program (CUCP) on January 7, 2022. However, Stewart Engineering did not provide the search results from their query. ESB performed an independent search of the CUCP database using the criteria of Caltrans District 2 and the services needed for this contract: Work Code Category C1200 Construction Area Signs C1201 Traffic Control Signs C1290 Temporary Railing (Type K) C8396 Crash Cushion C2066 Temporary Erosion Control C8852 SWPPP Planning C8792 Environmental - Biological Studies C8001 Temporary Fencing C1901 Roadway Excavation C1920 Structure Excavation C1930 Structure Backfill C2602 Aggregate Base C5100 Concrete Structure C5190 Joint Seal – Water Stop C5201 Reinforcing Steel A0781 Landscaping, Tree Services C6500 Reinforced Concrete Pipe Packet Pg. 243 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Contract No. 02-BRLS-5068(036) Page 3 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” C7035 Welded Steel Pipe C7200 Rock Slope Protection C7301 Concrete Curb & Sidewalk – Misc. C5105 Minor Concrete Structure C2065 Irrigation System C1522 Rest, Adjust Roadway Items C6900 Downdrain C8101 Survey or Historical Monument C8000 Fencing C8501 Pavement Marker C8201 Object Marker C5620 Roadside Sign C8330 Metal Railing C8331 Concrete Barrier C8405 Thermoplastic Traffic Striping & Marking C8407 Remove Pavement Marking & Traffic Stripes ESB identified a total of 161 certified DBE firms, not including trucking. Stewart Engineering sent an Invitation to Bid (ITB) to 46 DBE firms. The method was not specified. However, they did provide proof of each ITB that was sent to the DBE firms. ESB notes that Stewart Engineering provided a solicitation log with 53 firms, 46 of these are current, certified DBE firms. Date Solicitation Method Total January 7, 2022 Initial Not Specified 46 Date Solicitation Method Could Not Contact Not Bid Will Bid Interested Total January 7, 2022 Initial Not Specified - 38 8 - 46 Stewart Engineering provided the results of the initial solicitation effort on January 7, 2022. The results are summarized below: • 38 DBE firms indicated they would not bid • 8 DBE firms would submit a bid There is no evidence or assertion that Stewart Engineering followed up with the DBE firms in an effort to actively and aggressively obtain DBE participation sufficient to meet the DBE contract goal. Bid opening is on January 25, 2022, which allows an additional 18 days, after their initial efforts on January 7, 2022, for Stewart Engineering to follow up and continue solicitation efforts. With additional efforts, such as following up with the DBE firms, this could have increased DBE participation. At bid time, Stewart Engineering had confirmations for six DBE firm, resulting in 11.46% DBE participation, as a result of their solicitation efforts. Packet Pg. 244 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Contract No. 02-BRLS-5068(036) Page 4 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” 3. Work Made Available to DBEs In Part C of the “DBE Good Faith Efforts Documentation” form, selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved, including breaking out contract work items into economically feasible units to facilitate DBE participation. Stewart Engineering provided a list of items of work offered, services offered, or materials supplied, including construction surveying and staking, construction area signs, traffic control system, type III barricade, temporary pavement marking, temporary traffic stripe, temporary signal system, portable changeable message sign, temporary alternative crash cushion, SWPPP, rain event action plan, temporary erosion control, asbestos compliance plan, contractor-supplied biologist, roadway excavation, structure excavation, structure backfill, conduit, bonded fiber matrix, class 2 aggregate base, hot mix asphalt, temporary shoring, structural concrete, joint seal, bar reinforcing steel, tree removal, reinforced concrete pipe, welded steel pipe, storm drain manhole, rock slope protection, detectable warning surface, minor concrete, remove concrete, miscellaneous metal, class 250 ductile iron pipe waterline, butterfly valve assembly, fire hydrant installation, forced balance expansion assembly, combination air valve, pressure test, pipeline disinfection and testing, adjust manhole to grade, under sidewalk drain, adjust survey monument, fencing, pavement marker, object marker, roadside sign removal and relocation, handrailing, concrete barrier, thermoplastic traffic stripe, storm water sampling and analysis day, storm water annual report, water quality sampling and analysis day, and water quality annual report. According to the list of items of work provided, Stewart Engineering indicated that they made approximately $3,296,413.00 or 62.63% of work available to DBE firms. 4. Rejected DBEs In Part D of the “DBE Good Faith Efforts Documentation” form, the Contractor was asked to list the items of work, names of firms that were selected over the rejected DBE firm, and the quote amount. If a non-DBE firm was selected over a DBE firm, provide the price difference, reasons for selection and evidence to why additional agreements could not be reached for DBEs to perform the work. Stewart Engineering stated, “Please See Attachment E.” Stewart Engineering provided accepted and rejected DBE quotes. Stewart Engineering also provided the reasons why a non-DBE firm was selected over a DBE firm. Work Description Accepted Firm & Quote Amount DBE or Non-DBE DBE Rejected & Quote Amount Reason Hot Mix Asphalt Tullis Inc. $128,040.00 Non-DBE S.T. Rhoades Construction $130,852.00 Selected as part of sub. Package for Less Stewart Engineering rejected the DBE firm, S.T. Rhoades, and accepted non-DBE firm, Tullis Inc., for bid item 36 (hot mix asphalt) due to a price difference of $2,785.00. S.T. Rhoade’s quote includes mobilization for $3,200, while Tullis Inc.’s quote includes Packet Pg. 245 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Contract No. 02-BRLS-5068(036) Page 5 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” mobilization built into the price. It is also noted that while Stewart Engineer rejected one bid item from S.T. Rhoades’ quote, S.T. Rhoades was selected as a DBE firm for bid items 60-64 and 77. 5. Assistance Given on Plans, Specifications, and Contract Requirements In Part E of the “DBE Good Faith Efforts Documentation” form, Stewart Engineering stated, “Project Plans and Specifications were made available for review, copying and email upon request. Our staff is available to answer questions an offer technical assistance to interested parties.” A copy of their advertisements state that plans and specifications are available to view at the local builders exchange or at their office. 6. Assistance or Services Offered for Bonding, Lines of Credit, Insurance, Equipment, Supplies, Materials, or Related Assistance or Services In Part F of the “DBE Good Faith Efforts Documentation” form, Stewart Engineering stated, “SEI offers assistance in bonding, necessary equipment, LOC, insurance and related information. No DBE’s requested assistance in regard to the above mentioned.” A copy of their advertisements state that Stewart Engineering offered the above services to DBE firms. 7. Contacting Recruitment Agencies In Part G of the “DBE Good Faith Efforts Documentation” form, Stewart Engineering listed the Central Contractor Registration, Office of Small Business & DVBE Certification, the CUCP database and the DBE/DVBE Resource Center. However, there was no supporting documentation provided in the GFE package. There is no evidence or assertion that Stewart Engineering contacted minority and women community organizations, minority and women contractors' groups, local, state, and federal minority and women business assistance offices, and other organizations. 8. Additional Good Faith Efforts In Part H of the “DBE Good Faith Efforts Documentation” form, Stewart Engineering stated, “Reviewed prior quotes received on other contracts to find other potential DBE firms that may be interested and solicited bids from them.” 9. Bidder Comparison of Confirmed DBE Commitment The lowest bidder, Stewart Engineering’s apparent DBE participation is 11.46% of the total bid. Stewart Engineering did not meet the contract goal of 19%. The second lowest bidder, Abacus Construction, Inc.’s (Abacus) apparent DBE participation is 23.18% of the total bid. Abacus appears to meet the 19% DBE goal. The third lowest bidder, J.F. Shea Construction, Inc.’s (J.F. Shea) apparent DBE participation is 16.49% of the total bid. J.F. Shea did not meet the 19% DBE goal. The bids were as follows: Packet Pg. 246 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Contract No. 02-BRLS-5068(036) Page 6 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” Bid Rank Bidder Bid Amount Claimed DBE Commitment 1 Stewart Engineering $3,536,145.00 $405,322.00 or 11.46% 2 Abacus $3,703,673.40 $858,434.09 or 23.18% 3 J.F. Shea $3,835,010.00 $632,542.09 or 16.49% CONCLUSION ESB has determined that Stewart Engineering did not meet the contract goal and did not demonstrate adequate good faith efforts through soliciting by indirect and direct methods. ESB considers the quantity, quality, and intensity of the different kinds of efforts that Stewart Engineering has made. Based on the following facts: • The second bidder appears to meet and exceed the DBE goal. The third bidder did not meet the DBE goal. • Stewart Engineering reached out and published advertisements on Compliance News Daily Focus Journal and Monthly Trade Journal on January 7th. • ESB performed an independent search of the CUCP database using the criteria of Caltrans District 2 and the services needed for this contract. ESB identified a total of 161 certified DBE firms, not including trucking. • Stewart Engineering sent an ITB to 46 DBE firms. The method was not specified. • Stewart Engineering provided a solicitation log with 53 firms, 46 of these are current, certified DBE firms. • Stewart Engineering provided the results of the initial solicitation effort on January 7, 2022. 38 DBE firms indicated they would not bid and eight DBE firms would submit a bid. • There is no evidence or assertion that Stewart Engineering followed up with the DBE firms in an effort to actively and aggressively obtain DBE participation sufficient to meet the DBE contract goal. • Bid opening is on January 25, 2022, which allows an additional 18 days, after their initial efforts on January 7, 2022, for Stewart Engineering to follow up and continue solicitation efforts. With additional efforts, such as following up with the DBE firms, this could have increased DBE participation. • There is no evidence or assertion that Stewart Engineering contacted minority and women community organizations, minority and women contractors' groups, local, state, and federal minority and women business assistance offices, and other organizations. • Stewart Engineering did not demonstrate that they took all necessary and reasonable steps and available means to obtain sufficient DBE participation for this contract. Packet Pg. 247 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 248 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 249 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 250 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 251 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 252 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 253 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 254 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 255 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 256 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 257 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 258 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 259 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 260 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 261 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 262 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 263 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 264 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 265 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 266 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 267 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 268 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 269 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 270 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 271 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 272 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 273 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 274 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 275 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 276 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 277 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 278 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 279 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 280 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 281 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 282 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 283 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 284 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 285 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 286 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 287 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 288 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 289 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Abacus Construction, Inc / PO Box 761 / Palo Cedro CA, 96073 / (530) 215 3104 February 22, 2022 RE: Federal Aid Project No BRLS 5068(036) / City of Redding, California Bid Schedule 5180 Protest of Apparent Low Bidder Mr. Chandler, I am writing this letter as an official request from Abacus Construction, Inc. (Abacus) to investigate the Good Faith Effort of the apparent low bidder on a construction project put out for bid by the City of Redding, California on January 25, 2022. The project in question is described as “CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE PROJECT”, CITY OF REDDING JOB NUMBER: 2477 / BID SCHEDULE: 5180 / FEDERAL AID PROJECT BRLS 5068(036)” The project had a 19% DBE participation goal. The apparent low bidder, Stewart Engineering, Inc. (SEI), submitted a bid of $3,536,145 with a DBE participation of $405,322.09 or 11.5%. In the documentation submitted with their bid, it is apparent that SEI received bids from qualified DBE subcontractors for Bid Items 87, 36 and 27, but did not utilize these contractors. If these bids were to have been used the SEI could have utilized an additional $206,102 towards the DBE Goal. Using this additional DBE commitment would have increased the DBE percentage to 17.3%. In regards to Bid Item 87, the Contract involved building 250 linear feet of concrete barrier referred to in the contract as Concrete Barrier Type 732SW. SEI submitted a bid for $105,000 for this work. SEI received a bid from Dees Burke Engineering for this work for a price of $75,250. Dees Burke Engineering is a certified DBE contractor in good standing with the State of California. They possess a current and appropriate contractors license for the work they bid. They are currently in business and are able to perform the work. We recently utilized them to build a barrier on another project for the CA DOT. It does not seem that SEI made a good faith effort in regards to this bid item being that they opted to self-perform the work at a higher price than the DBE firm that quoted the work. In regards to Bid Item 36, the Contract involved lacing 776 tons of asphalt concrete, referred to in the Contract as Hot Mix Asphalt (Type A). SEI listed a non DBE subcontractor for the work, Tullis, Inc.. Their price was $128,040. SEI received a quote from S.T. Rhoades Construction for this work at a price of $127,652 with an additional $3,200 for mobilization. S.T. Rhoades Construction is a certified DBE contractor with a current and appropriate CA contracting license. Their price was competitive by comparison to the price listed from Tullis, Inc. S.T. Rhoades Construction is willing and able to perform the work. Abacus Construction has a working Packet Pg. 290 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Abacus Construction, Inc / PO Box 761 / Palo Cedro CA, 96073 / (530) 215 3104 relationship with S.T. Rhoades Construction and actually listed them for several Bid Items on this Contract. S.T. Rhoades Construction price with mobilization was only $2,812 higher than the listed subcontractor. It would seem that this bid item would have been awarded to the DBE contractor if a good faith effort was being made to meet the Contract DBE goal. In regards to Bid Item 27, SEI could have utilized a DBE contractor ABSL to perform the pavement grinding required by the Contract to add to their DBE participation level. ABSL is also a certified DBE contractor with a current and appropriate CA contracting license. In summary, it is obvious that SEI received competitive bids from at least three certified DBE firms that have active and appropriate contractors licenses and chose not to utilize them. This is not indicative of a good faith effort to meet the Contract DBE participation goal of 19%. If this Contract is issued to SEI the City of Redding will be in violation of Title 49 Part 26. Specifically, Appendix A, Part V which states “At a minimum, you must review the performance of other bidders in meeting the contract goal. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional efforts, the apparent successful bidder could have met the goal” Abacus Construction Inc, was listed as the second lowest priced bidder. Abacus submitted a total bid price of $3,703,673.40 of which $857,394.09 or 23.15% would be subcontracted to DBE Contractors. We have issued a formal protest to the bid results but we have not heard back from the City of Redding regarding the matter. And, furthermore, if this project is to be awarded to SEI, this will be the second time Abacus Construction has lost a bid where SEI was low bidder and did not meet the Contract specified DBE participation goal. Attached to this letter are the following documents:  Appendix A: Notice to Bidders for City of Redding project in question  Appendix B: Bid Proposal and Subcontractors from SEI  Appendix C: Bid Proposal and Subcontractors from Abacus Construction  Appendix D: Subcontractors DBE Status per CA DOT Website Respectfully, Jim Simonis, P.E. Project Manager Abacus Construction, Inc. Packet Pg. 291 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge)        APPENDIX A Notice to Bidders City of Redding Bid Schedule 5180   Packet Pg. 292 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) 11 Eastside Road over Olney Creek Bridge Project Job No. 2477, F. A. P. No. BRLS 5068(036) CITY OF REDDING PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION NOTICE TO BIDDERS Sealed Bids for the work shown on the plans entitled: PROJECT PLANS FOR CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE PROJECT JOB NUMBER: 2477 BID SCHEDULE: 5180 will be received at the office of the City Clerk, 777 Cypress Avenue, Redding, CA 96001, until 3 p.m., January 25, 2022. Bids will be publicly opened and read at 4 p.m. Bid forms for this work are included in a separate book entitled Proposal: General work description: Work includes the Eastside Road bridge replacement and approach roadway. Major work includes, but is not limited to: 1. Removal of the existing bridge in stages 2. Construction of a new bridge to be completed over two seasons 3. Retaining walls 4. Road construction work 5. Sidewalks, curb and gutter 6. Traffic control and traffic handling 7. Utility coordination, relocations and installation 8. Storm water pollution control The Engineer’s Estimate for this project is $3,000,000 Complete the work within 220 working days. A prebid conference is scheduled between staff and interested bidders at 10 a.m. on January 6, 2022, in the City Hall River Conference Room at which time the project requirements will be reviewed. Bids are to be submitted for the entire work. Bids must be on a unit price basis. The Contractor shall possess a valid Class A license at the time bid is awarded. No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. APPENDIX A: NOTICE TO BIDDERS Packet Pg. 293 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) 12 Eastside Road over Olney Creek Bridge Project Job No. 2477, F. A. P. No. BRLS 5068(036) This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Number of trainees or apprentices is two. The DBE Contract goal is 19 percent. Bidders shall meet this DBE goal and/or provide a Good Faith Effort as described in the Instruction to Bidders and the Special Provisions. Each bid shall be made in accordance with the specifications and proposal requirements thereof and no bid will be received unless it is made on a proposal form furnished by the City Engineer. Each bid must be accompanied by cash, certified or cashier's check, or original bidder's bond made payable to the City of Redding for an amount equal to at least ten percent (10%) of the total amount of the bid as a guarantee that the contractor will execute the contract in conformance with his proposal and the specifications. Such guarantee shall be forfeited should the bidder to whom the contract is awarded fail to enter into the contract. The City of Redding hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, all businesses will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, gender, disability, or other protected class in consideration for an award. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project and available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/DLSR/PWD. Federal Wage Rates are not physically incorporated in these Special Provisions but can be found at http://www.wdol.gov/dba.aspx#0. Revisions to the applicable Federal Wage Rates, shall be included by addendum within 10 days of the bid opening. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. Attention is directed to the Federal minimum wage rate requirements in the Bid book. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question. Plans, specifications, bid book, contract forms, and addenda may be obtained at CIPList.com at no charge. Supplemental project information as required (i.e. environmental permits, geotechnical reports record drawings, etc.) will also be posted on this site. Supplemental project information is for informational purposes only and for the convenience of the Bidders and is not considered a part of the Contract. City bid documents are provided electronically and free of charge. It is the responsibility of each prospective bidder to verify the completeness of their printed bid documents before submitting their bid and accompanying executed addenda acknowledgment forms. Users are cautioned that City of Redding does not assume any liability or responsibility based on any defective or APPENDIX A: NOTICE TO BIDDERS Packet Pg. 294 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX A: NOTICE TO BIDDERS Packet Pg. 295 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge)        APPENDIX B SEI Bid Proposal   Packet Pg. 296 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 297 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 298 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 299 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 300 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 301 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 302 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 303 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 304 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 305 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 306 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 307 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over        APPENDIX C Abacus Construction, Inc Bid Proposal   Packet Pg. 308 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC Packet Pg. 309 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC Packet Pg. 310 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC Packet Pg. 311 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC Packet Pg. 312 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC Packet Pg. 313 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC Packet Pg. 314 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC Packet Pg. 315 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC Packet Pg. 316 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC Packet Pg. 317 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge)        APPENDIX D DBE Status Report From CA DOT   Packet Pg. 318 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Query Criteria Certification Types: DBE DBA Name: Dees Burke Firm ID 43430 DBA Name DEES BURKE ENGINEERING CONSTRUCTORS LLC Firm Name DEES BURKE ENGINEERING CONSTRUCTORS LLC Address Line1 16 N. MARENGO AVENUE Address Line2 SUITE 417 City PASADENA State CA Zip Code1 91101 Zip Code2 Mailing Address Line1 16 N. MARENGO AVENUE Mailing Address Line2 SUITE 417 Mailing City PASADENA Mailing State CA Mailing Zip Code1 91101 Mailing Zip Code2 Certification Type DBE EMail [email protected] Contact Name DENA "BRYN" BURKE Area Code 626 Phone Number 228-3670 Extension Alt Area Code 213 Alt Phone Number 924-8980 Extension Fax Area Code 626 Fax Phone Number 228-3521 Agency Name LOS ANGELES COUNTY METRO TRANSPORTATION AUTHORITY (MTA) Counties 00; Districts 00; DBE NAICS 237310; 238990; ACDBE NAICS Skip to Main Content Back To Query Form (licenseForm.htm) Search Returned 1 Records Tue Feb 22 09:13:22 PST 2022 § UCP Web Application - List https://ucp.dot.ca.gov/querySubmit.htm 1 of 2 2/22/2022, 9:16 AM Packet Pg. 319 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Work Codes C5111 CONCRETE OVERLAY, DRILL & BOND; C8331 CONCRETE BARRIER; Licenses A General Engineering Contractor; Trucks Gender F Ethnicity CAUCASIAN Firm Type DBE UCP Web Application - List https://ucp.dot.ca.gov/querySubmit.htm 2 of 2 2/22/2022, 9:16 AM Packet Pg. 320 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Query Criteria Certification Types: DBE DBA Name: S.T. Rhoades Construction Firm ID 37693 DBA Name S.T. RHOADES CONSTRUCTION, INC. Firm Name S.T. RHOADES CONSTRUCTION, INC. Address Line1 8585 COMMERCIAL WAY Address Line2 City REDDING State CA Zip Code1 96002 Zip Code2 Mailing Address Line1 P O BOX 494520 Mailing Address Line2 Mailing City REDDING Mailing State CA Mailing Zip Code1 96049 Mailing Zip Code2 Certification Type DBE EMail [email protected] Contact Name STEVE RHOADES Area Code 530 Phone Number 223-9322 Extension Alt Area Code Alt Phone Number Extension Fax Area Code 530 Fax Phone Number 223-9222 Agency Name DEPARTMENT OF TRANSPORTATION Counties 02; 03; 04; 05; 06; 08; 09; 11; 12; 14; 17; 18; 23; 25; 26; 29; 31; 32; 34; 45; 46; 47; 51; 52; 53; 57; 5 Districts 01; 02; 03; 09; 10; DBE NAICS 237110; 237310; 237990; ACDBE NAICS Skip to Main Content Back To Query Form (licenseForm.htm) Search Returned 1 Records Tue Feb 22 09:39:34 PST 2022 § UCP Web Application - List https://ucp.dot.ca.gov/querySubmit.htm 1 of 2 2/22/2022, 9:39 AM Packet Pg. 321 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Work Codes C1531 PLANE ASPHALT CONCRETE; C1910 GRADING; C2201 FINISHING ROADWAY; C2602 AGGREGATE BASE; C3901 ASPHALT CONCRETE; C3910 PAVING ASPHALT (ASPHALT CONCRETE); C3930 PAVEMENT REINFORCING FABRIC; Licenses A General Engineering Contractor; C31 Construction Zone Traffic Control Contractor; Trucks Gender M Ethnicity NATIVE AMERICAN Firm Type DBE UCP Web Application - List https://ucp.dot.ca.gov/querySubmit.htm 2 of 2 2/22/2022, 9:39 AM Packet Pg. 322 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Query Criteria Certification Types: DBE Firm ID: 005270 Firm ID 5270 DBA Name A B S L CONSTRUCTION Firm Name A B S L CONSTRUCTION Address Line1 29393 PACIFIC ST Address Line2 City HAYWARD State CA Zip Code1 94544 Zip Code2 Mailing Address Line1 Mailing Address Line2 Mailing City Mailing State Mailing Zip Code1 Mailing Zip Code2 Certification Type DBE EMail [email protected] Contact Name LUIS M. ALLENDE Area Code 510 Phone Number 727-0900 Extension Alt Area Code 415 Alt Phone Number 716-6642 Extension Fax Area Code 510 Fax Phone Number 727-0910 Agency Name DEPARTMENT OF TRANSPORTATION Counties 01; 02; 03; 04; 05; 06; 07; 08; 09; 10; 11; 12; 13; 14; 15; 16; 17; 18; 19; 20; 21; 22; 23; 24; 25; 26; 2 28; 29; 30; 31; 32; 33; 34; 35; 36; 37; 38; 39; 40; 41; 42; 43; 44; 45; 46; 47; 48; 49; 50; 51; 52; 53; 5 55; 56; 57; 58; Districts 01; 02; 03; 04; 05; 06; 07; 08; 09; 10; 11; 12; Skip to Main Content Back To Query Form (licenseForm.htm) Search Returned 1 Records Tue Feb 22 09:42:06 PST 2022 § UCP Web Application - List https://ucp.dot.ca.gov/querySubmit.htm 1 of 2 2/22/2022, 9:42 AM Packet Pg. 323 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) DBE NAICS 237310; ACDBE NAICS Work Codes C1531 PLANE ASPHALT CONCRETE; C1910 GRADING; Licenses A General Engineering Contractor; B General Building Contractor; Trucks Gender M Ethnicity HISPANIC Firm Type DBE UCP Web Application - List https://ucp.dot.ca.gov/querySubmit.htm 2 of 2 2/22/2022, 9:42 AM Packet Pg. 324 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 325 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 326 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 327 Attachment: 03-21-2022 COR GFE Letter to SEI (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 328 Attachment: 03-21-2022 COR GFE Letter to SEI (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 329 Attachment: 03-21-2022 Stewart GFE Re-Evaluation final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 330 Attachment: 03-21-2022 Stewart GFE Re-Evaluation final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 331 Attachment: 03-21-2022 Stewart GFE Re-Evaluation final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 332 Attachment: 03-21-2022 Stewart GFE Re-Evaluation final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 333 Attachment: 03-21-2022 Stewart GFE Re-Evaluation final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 334 Attachment: 03-21-2022 Stewart GFE Re-Evaluation final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 335 Attachment: 03-21-2022 Stewart GFE Re-Evaluation final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 336 Attachment: 03-21-2022 Stewart GFE Re-Evaluation final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 337 Attachment: 03-28-2022 SEI Response Letter to GFE Evaluation (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 338 Attachment: 03-28-2022 SEI Response Letter to GFE Evaluation (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 339 Attachment: 04-01-2022 COR Response to SEI GFE Evaluation Letter (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 340 Attachment: 04-01-2022 COR Response to SEI GFE Evaluation Letter (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 341 Attachment: 04-01-2022 COR Reconsideration Meeting Letter (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 342 Attachment: 04-22-2022 COR SEI GFE Reconsideration Final Determination Letter (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Packet Pg. 343 Attachment: 04-22-2022 COR SEI GFE Reconsideration Final Determination Letter (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek 8/24/2021 eCFR :: 49 CFR 26.53 -- What are the good faith efforts procedures recipients follow in situations where there are contract goals? https://ecfr.federalregister.gov/current/title-49/subtitle-A/part-26/subpart-C/section-26.53 1/4 This site is for beta evaluation only. Please provide feedback using the Feedback button at the bottom right.  You are viewing the current version of the eCFR. The eCFR is up to date as of 8/20/2021. Title 49 § 26.53 What are the good faith efforts procedures recipients follow in situations where there are contract goals? (a) When you have established a DBE contract goal, you must award the contract only to a bidder/offeror who makes good faith efforts to meet it. You must determine that a bidder/offeror has made good faith efforts if the bidder/offeror does either of the following things: (1) Documents that it has obtained enough DBE participation to meet the goal; or (2) Documents that it made adequate good faith efforts to meet the goal, even though it did not succeed in obtaining enough DBE participation to do so. If the bidder/offeror does document adequate good faith efforts, you must not deny award of the contract on the basis that the bidder/offeror failed to meet the goal. See Appendix A of this part for guidance in determining the adequacy of a bidder/offeror's good faith efforts. (b) In your solicitations for DOT-assisted contracts for which a contract goal has been established, you must require the following: (1) Award of the contract will be conditioned on meeting the requirements of this section; (2) All bidders or offerors will be required to submit the following information to the recipient, at the time provided in paragraph (b)(3) of this section: (i) The names and addresses of DBE firms that will participate in the contract; (ii) A description of the work that each DBE will perform. To count toward meeting a goal, each DBE firm must be certified in a NAICS code applicable to the kind of work the firm would perform on the contract; (iii) The dollar amount of the participation of each DBE firm participating; (iv) Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; and (v) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment. (vi) If the contract goal is not met, evidence of good faith efforts (see Appendix A of this part). The documentation of good faith efforts must include copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract; and Packet Pg. 344 Attachment: Title 49 CFR 26.53 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) 8/24/2021 eCFR :: 49 CFR 26.53 -- What are the good faith efforts procedures recipients follow in situations where there are contract goals? https://ecfr.federalregister.gov/current/title-49/subtitle-A/part-26/subpart-C/section-26.53 2/4 (3) (i) At your discretion, the bidder/offeror must present the information required by paragraph (b)(2) of this section - (A) Under sealed bid procedures, as a matter of responsiveness, or with initial proposals, under contract negotiation procedures; or (B) No later than 7 days after bid opening as a matter of responsibility. The 7 days shall be reduced to 5 days beginning January 1, 2017. (ii) Provided that, in a negotiated procurement, including a design-build procurement, the bidder/offeror may make a contractually binding commitment to meet the goal at the time of bid submission or the presentation of initial proposals but provide the information required by paragraph (b)(2) of this section before the final selection for the contract is made by the recipient. (c) You must make sure all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before committing yourself to the performance of the contract by the bidder/offeror. (d) If you determine that the apparent successful bidder/offeror has failed to meet the requirements of paragraph (a) of this section, you must, before awarding the contract, provide the bidder/offeror an opportunity for administrative reconsideration. (1) As part of this reconsideration, the bidder/offeror must have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. (2) Your decision on reconsideration must be made by an official who did not take part in the original determination that the bidder/offeror failed to meet the goal or make adequate good faith efforts to do so. (3) The bidder/offeror must have the opportunity to meet in person with your reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. (4) You must send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. (5) The result of the reconsideration process is not administratively appealable to the Department of Transportation. (e) In a “design-build” or “turnkey” contracting situation, in which the recipient lets a master contract to a contractor, who in turn lets subsequent subcontracts for the work of the project, a recipient may establish a goal for the project. The master contractor then establishes contract goals, as appropriate, for the subcontracts it lets. Recipients must maintain oversight of the master contractor's activities to ensure that they are conducted consistent with the requirements of this part. (f) (1) Packet Pg. 345 Attachment: Title 49 CFR 26.53 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) 8/24/2021 eCFR :: 49 CFR 26.53 -- What are the good faith efforts procedures recipients follow in situations where there are contract goals? https://ecfr.federalregister.gov/current/title-49/subtitle-A/part-26/subpart-C/section-26.53 3/4 (i) You must require that a prime contractor not terminate a DBE subcontractor listed in response to paragraph (b)(2) of this section (or an approved substitute DBE firm) without your prior written consent. This includes, but is not limited to, instances in which a prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm. (ii) You must include in each prime contract a provision stating: (A) That the contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains your written consent as provided in this paragraph (f); and (B) That, unless your consent is provided under this paragraph (f), the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. (2) You may provide such written consent only if you agree, for reasons stated in your concurrence document, that the prime contractor has good cause to terminate the DBE firm. (3) For purposes of this paragraph, good cause includes the following circumstances: (i) The listed DBE subcontractor fails or refuses to execute a written contract; (ii) The listed DBE subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. Provided, however, that good cause does not exist if the failure or refusal of the DBE subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the prime contracor; (iii) The listed DBE subcontractor fails or refuses to meet the prime contractor's reasonable, nondiscriminatory bond requirements. (iv) The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness; (v) The listed DBE subcontractor is ineligible to work on public works projects because of suspension and debarment proceedings pursuant 2 CFR Parts 180, 215 and 1,200 or applicable state law; (vii) You have determined that the listed DBE subcontractor is not a responsible contractor; (vi) The listed DBE subcontractor voluntarily withdraws from the project and provides to you written notice of its withdrawal; (vii) The listed DBE is ineligible to receive DBE credit for the type of work required; (viii) A DBE owner dies or becomes disabled with the result that the listed DBE contractor is unable to complete its work on the contract; (ix) Other documented good cause that you determine compels the termination of the DBE subcontractor. Provided, that good cause does not exist if the prime contractor seeks to terminate a DBE it relied upon to obtain the contract so that the prime contractor can self-perform the work for which the DBE contractor was engaged or so that the prime contractor can substitute another DBE or non-DBE contractor after contract award. Packet Pg. 346 Attachment: Title 49 CFR 26.53 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) 8/24/2021 eCFR :: 49 CFR 26.53 -- What are the good faith efforts procedures recipients follow in situations where there are contract goals? https://ecfr.federalregister.gov/current/title-49/subtitle-A/part-26/subpart-C/section-26.53 4/4 [64 FR 5126, Feb. 2, 1999, as amended at 76 FR 5098, Jan. 28, 2011; 79 FR 59595, Oct. 2, 2014] (4) Before transmitting to you its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to you, of its intent to request to terminate and/or substitute, and the reason for the request. (5) The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise you and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why you should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), you may provide a response period shorter than five days. (6) In addition to post-award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements. (g) When a DBE subcontractor is terminated as provided in paragraph (f) of this section, or fails to complete its work on the contract for any reason, you must require the prime contractor to make good faith efforts to find another DBE subcontractor to substitute for the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the contract as the DBE that was terminated, to the extent needed to meet the contract goal you established for the procurement. The good faith efforts shall be documented by the contractor. If the recipient requests documentation under this provision, the contractor shall submit the documentation within 7 days, which may be extended for an additional 7 days if necessary at the request of the contractor, and the recipient shall provide a written determination to the contractor stating whether or not good faith efforts have been demonstrated. (h) You must include in each prime contract the contract clause required by § 26.13(b) stating that failure by the contractor to carry out the requirements of this part is a material breach of the contract and may result in the termination of the contract or such other remedies set forth in that section you deem appropriate if the prime contractor fails to comply with the requirements of this section. (i) You must apply the requirements of this section to DBE bidders/offerors for prime contracts. In determining whether a DBE bidder/offeror for a prime contract has met a contract goal, you count the work the DBE has committed to performing with its own forces as well as the work that it has committed to be performed by DBE subcontractors and DBE suppliers. (j) You must require the contractor awarded the contract to make available upon request a copy of all DBE subcontracts. The subcontractor shall ensure that all subcontracts or an agreement with DBEs to supply labor or materials require that the subcontract and all lower tier subcontractors be performed in accordance with this part's provisions. Packet Pg. 347 Attachment: Title 49 CFR 26.53 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) 8/24/2021 eCFR :: Appendix A to Part 26, Title 49 -- Guidance Concerning Good Faith Efforts https://ecfr.federalregister.gov/current/title-49/part-26/appendix-Appendix A to Part 26 1/3 This site is for beta evaluation only. Please provide feedback using the Feedback button at the bottom right.  You are viewing the current version of the eCFR. The eCFR is up to date as of 8/20/2021. Title 49 Appendix A to Part 26 - Guidance Concerning Good Faith Efforts I. When, as a recipient, you establish a contract goal on a DOT-assisted contract for procuring construction, equipment, services, or any other purpose, a bidder must, in order to be responsible and/or responsive, make sufficient good faith efforts to meet the goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient for this purpose. Second, even if it doesn't meet the goal, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful. II. In any situation in which you have established a contract goal, Part 26 requires you to use the good faith efforts mechanism of this part. As a recipient, you have the responsibility to make a fair and reasonable judgment whether a bidder that did not meet the goal made adequate good faith efforts. It is important for you to consider the quality, quantity, and intensity of the different kinds of efforts that the bidder has made, based on the regulations and the guidance in this Appendix. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma efforts are not good faith efforts to meet the DBE contract requirements. We emphasize, however, that your determination concerning the sufficiency of the firm's good faith efforts is a judgment call. Determinations should not be made using quantitative formulas. III. The Department also strongly cautions you against requiring that a bidder meet a contract goal (i.e., obtain a specified amount of DBE participation) in order to be awarded a contract, even though the bidder makes an adequate good faith efforts showing. This rule specifically prohibits you from ignoring bona fide good faith efforts. IV. The following is a list of types of actions which you should consider as part of the bidder's good faith efforts to obtain DBE participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. Packet Pg. 348 Attachment: Title 49 CFR 26.53 Appendix A (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek 8/24/2021 eCFR :: Appendix A to Part 26, Title 49 -- Guidance Concerning Good Faith Efforts https://ecfr.federalregister.gov/current/title-49/part-26/appendix-Appendix A to Part 26 2/3 A. (1) Conducing market research to identify small business contractors and suppliers and soliciting through all reasonable and available means the interest of all certified DBEs that have the capability to perform the work of the contract. This may include attendance at pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals, written notices or emails to all DBEs listed in the State's directory of transportation firms that specialize in the areas of work desired (as noted in the DBE directory) and which are located in the area or surrounding areas of the project. (2) The bidder should solicit this interest as early in the acquisition process as practicable to allow the DBEs to respond to the solicitation and submit a timely offer for the subcontract. The bidder should determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations. B. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units (for example, smaller tasks or quantities) to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. This may include, where possible, establishing flexible timeframes for performance and delivery schedules in a manner that encourages and facilitates DBE participation. C. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation with their offer for the subcontract. D. (1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional Agreements could not be reached for DBEs to perform the work. (2) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. E. (1) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union status) are not legitimate causes for the rejection or non-solicitation of bids in the contractor's efforts to meet the project goal. Another practice considered an insufficient good faith effort is the rejection of the DBE because its quotation for the work was not the lowest received. However, nothing in this paragraph shall be construed to require the bidder or prime contractor to accept unreasonable quotes in order to satisfy contract goals. (2) A prime contractor's inability to find a replacement DBE at the original price is not alone sufficient to support a finding that good faith efforts have been made to replace the original DBE. The fact that the contractor has the ability and/or desire to perform the contract work with its own forces does not relieve the contractor of the obligation to make good faith efforts to find a replacement DBE, and it is Packet Pg. 349 Attachment: Title 49 CFR 26.53 Appendix A (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek 8/24/2021 eCFR :: Appendix A to Part 26, Title 49 -- Guidance Concerning Good Faith Efforts https://ecfr.federalregister.gov/current/title-49/part-26/appendix-Appendix A to Part 26 3/3 F. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor. G. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. H. Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. V. In determining whether a bidder has made good faith efforts, it is essential to scrutinize its documented efforts. At a minimum, you must review the performance of other bidders in meeting the contract goal. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, you may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. As provided in § 26.53(b)(2)((vi), you must also require the contractor to submit copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract to review whether DBE prices were substantially higher; and contact the DBEs listed on a contractor's solicitation to inquire as to whether they were contacted by the prime. Pro forma mailings to DBEs requesting bids are not alone sufficient to satisfy good faith efforts under the rule. VI. A promise to use DBEs after contract award is not considered to be responsive to the contract solicitation or to constitute good faith efforts. [79 FR 59600, Oct. 2, 2014] not a sound basis for rejecting a prospective replacement DBE's reasonable quote. Packet Pg. 350 Attachment: Title 49 CFR 26.53 Appendix A (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Local Assistance Procedures Manual Chapter 9 Civil Rights & Disadvantaged Business Enterprise Certification A potential DBE may request certification from Caltrans by requesting an application form by mail: Department of Transportation Office of Civil Rights Certification Unit 1823 14th Street, MS-79 Sacramento, CA 95811 Or email: [email protected]. The form may also be downloaded at: https://dot.ca.gov/programs/civil-rights/dbe-certification-information. Decertification If a DBE firm becomes ineligible in the middle of a contract (i.e., due to decertification), the prime contractor may continue to use the DBE firm on the contract and may continue to receive credit toward its DBE goal for the DBE firms' work. In this case, or in a case where the DBE firm is already under contract prior to becoming ineligible, the portion of the ineligible DBE firm’s performance of the contract remaining after the notice of its ineligibility must not count toward the state-wide DBE overall goal, but may count toward the contract goal. If the DBE’s ineligibility is caused solely by its having exceeded the size standard during the performance of the contract, the LPA may continue to count its participation on that contract toward overall and contract participation. Appeal When the CUCP makes an administratively final removal of a firm’s eligibility, the firm may appeal the removal to the DOT under Section 26.89 of 49 CFR 26. Caltrans will provide information for an appeal with the removal of eligibility. 9.8 Good Faith Efforts Note: For purposes of this section bidder also includes proposer, contractor includes consultant and subcontractor includes subconsultant. When an LPA establishes a DBE contract goal on a federal-aid contract, a bidder must, in order to be responsive, make Good Faith Efforts (GFEs) to meet the DBE contract goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient to meet the goal. Second, if the bidder does not meet the goal, the bidder can provide documentation in support of their adequate GFEs. This means that the bidder must show that they took all necessary and reasonable measures to achieve the DBE contract goal. The bidder could reasonably be expected to obtain maximum possible DBE participation even if they were not fully successful in meeting the DBE contract goal. An LPA must require a bidder to meet the DBE contract goal or meet the burden of proof of GFEs in order to be awarded a contract. In any situation in which a DBE contract goal has been established, the use of GFEs must be allowed. The LPA can adopt a sample GFE procedure (Exhibit 9-G) to use verbatim or revise as necessary. Each LPA must make a fair and reasonable judgment whether a bidder that did not meet the set goal made adequate GFEs. It is important to consider the quality, quantity, and intensity of the Page 29 of 37 January 2022 Packet Pg. 351 Attachment: Caltrans LAPM Section 9.8 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Local Assistance Procedures Manual Chapter 9 Civil Rights & Disadvantaged Business Enterprise different kinds of efforts that the bidder has made. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma efforts are not GFEs to meet the DBE contract requirements. It is important to note that the LPA’s determination concerning the sufficiency of the bidder’s GFEs is a judgment call and the determination should not be made using quantitative formulas. Caltrans strongly cautions LPAs against requiring that a bidder meet a DBE contract goal in order to be awarded a contract, even though the bidder makes an adequate GFE showing. 49 CFR 26 specifically prohibits federal-aid recipients from ignoring bona fide GFEs. Anticipated Good Faith Efforts The following types of actions should be considered by an LPA as part of the bidder’s Good Faith Efforts (GFEs) to obtain DBE participation. It is not intended to be exclusive or exhaustive. Determining the adequacy of a bidder’s GFEs to achieve DBE contract goals is a judgment call. Other factors or types of efforts may be relevant in appropriate cases. • Soliciting through all reasonable and available means (e.g., attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs that are capable of performing the work of the contract. The bidder must solicit this interest by allowing the DBEs sufficient time to respond to the solicitation. The bidder must determine with certainty if the DBEs are interested by taking appropriate steps to follow up the initial solicitation to the DBEs. • Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE contract goal will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with their own forces. • Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. • Negotiating in good faith with interested DBEs. It is the bidder’s responsibility to make a portion of the work available to DBE subcontractors and suppliers, and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes: names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why agreements could not be reached with the DBEs who were not selected to perform the work. • A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm’s price and capabilities as well as the DBE contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder’s failure to meet the DBE contract goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the Page 30 of 37 January 2022 Packet Pg. 352 Attachment: Caltrans LAPM Section 9.8 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Local Assistance Procedures Manual Chapter 9 Civil Rights & Disadvantaged Business Enterprise responsibility to make GFEs. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. • Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor’s standing within its industry, membership in specific groups, organizations, or associations, and political or social affiliations (for example, union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids or proposals in the contractor’s efforts to meet the DBE contract goal. • Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor. • Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. • Effectively using the services of available minority or women community organizations; minority or women contractors or consulting groups; local, state, and Federal minority or women business assistance offices; and other organizations as allowed on a case-by￾case basis to provide assistance in the recruitment and placement of DBEs. The above actions are typically documented by the bidder on Exhibit 15-H: DBE Information - Good Faith Efforts, which is to be submitted no later than 4pm on the 5th day after bid opening. This information is used by the LPAs to determine if the GFE was adequate or not prior to awarding the contract. In determining whether a bidder has made GFEs, the LPA may take into account the performance of other bidders in meeting the DBE Contract Goal. The LPA should evaluate GFEs considering the DBE commitments of the 2nd and 3rd bidders. For example, when the apparent successful bidder fails to meet the DBE contract goal, but the 2nd and 3rd bidders meet it, it may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the DBE participation obtained by the 2nd and the 3rd bidders, this along with other supporting factors may be viewed as evidence of the apparent successful bidder having met the burden of proof of GFEs. See the Civil Rights Disadvantaged Business Enterprise Evaluating Good Faith Efforts video on the FHWA Federal-aid Essentials for Local Public Agency website. The LPA should ensure that the following is included in the contract documents: • The LPA may consider the DBE commitments of the 2nd and 3rd bidders when determining whether the low bidder made Good Faith Efforts to meet the DBE contract goal. • For projects awarded based on a GFE, the LPAs must prepare and submit with the award package Exhibit 9-E: Sample Evaluation of Good Faith Efforts, that cites reasons as to why the GFE is adequate. In addition, Exhibit 15-H without supporting documentation, should be included in the award package. Note: Exhibit 15-H and Exhibit 9-E need not be submitted with the award package, if the low bidder has met the DBE contract goal. However, bidders should be encouraged to submit Exhibit 15-H with their bid package, even if they believe they have met the DBE contract goal, in case errors are found in the Exhibit 15- G: Construction Contract DBE Commitment. Page 31 of 37 January 2022 Packet Pg. 353 Attachment: Caltrans LAPM Section 9.8 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Local Assistance Procedures Manual Chapter 9 Civil Rights & Disadvantaged Business Enterprise Bidder/Offeror’s Requirements for Good Faith Efforts Good faith efforts documentation must include the following information, and supporting documents, as necessary: 1. The bidder/offeror’s overall DBE commitment. 2. Items of work the bidder/offeror has made available to DBE firms. The bidder/offeror identifies and describes those items of work the bidder/offeror might otherwise perform with the bidder/offeror’s own forces and those items that have been broken down into economically feasible units to facilitate DBE participation. For each item listed, the bidder/offeror must show the dollar value and percentage of the total contract. It is the bidder/offeror’s responsibility to demonstrate that sufficient work to meet the goal was made available to DBE firms. 3. Names of certified DBEs and dates on which they were solicited to bid on the project. The bidder/offeror must include the items of work offered. The bidder/offeror must describe the methods used for following up initial solicitations to determine with certainty if the DBEs were interested, and the dates of the follow-up. The bidder/offeror must attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation. The bidder/offeror is reminded to solicit certified DBEs through all reasonable and available means and provide sufficient time to allow DBEs to respond. 4. Name of selected firm and its status as a DBE for each item of work made available. The bidder/offeror must include name, address, and telephone number of each DBE that provided a quote and their price quote. If the firm selected for the item is not a DBE, the bidder/offeror must provide the reasons for the selection. 5. Name and date of each publication in which the bidder/offeror requested DBE participation for the project. The bidder/offeror must attach copies of the published advertisements. 6. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using DBE firms. If the agencies were contacted in writing, the bidder/offeror must provide copies of supporting documents. 7. List of efforts made to provide interested DBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If the bidder/offeror has provided information, they must identify the name of the DBE assisted, the nature of the information provided, and date of contact. The bidder/offeror must provide copies of supporting documents, as appropriate. 8. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractor purchases or leases from the bidder/offeror or its affiliate. If such assistance is provided by the bidder/offeror, they must identify the name of the DBE assisted, nature of the assistance offered, and date assistance was provided. Provide copies of supporting documents, as appropriate. 9. Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor whose participation it submits to meet a contract goal. 10. Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the bidder/offeror’s commitment. 11. Written documentation of reason(s) for rejecting DBE quotes. 12. Any additional data to support demonstration of good faith efforts. Page 32 of 37 January 2022 Packet Pg. 354 Attachment: Caltrans LAPM Section 9.8 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Local Assistance Procedures Manual Chapter 9 Civil Rights & Disadvantaged Business Enterprise The LPA may consider DBE commitments from other bidders when determining whether the low bidder made good faith efforts to meet or exceed the DBE goal. Administrative Review and Reconsideration An administrative review (see 49 CFR 26.53) and evaluation of the Good Faith Efforts (GFEs) should be made prior to award in each instance by the LPA. If the LPA determines that the apparent successful bidder has failed to meet the GFEs requirements, the LPA, before awarding the contract, must provide the apparent successful bidder the opportunity for administrative reconsideration in accordance with 49 CFR 26.53. A sample procedure for reconsideration hearing (Exhibit 9-H) can be found at the LAPM Exhibits webpage. Termination and Substitution of DBE Subcontractors After a contract, which specified goals for the DBE participation, has been executed, adequate Good Faith Efforts (GFEs) are required for any necessary substitution of DBE subcontractors to the extent needed to meet the DBE contract goal. LPAs must require a prime contractor not to terminate for convenience a DBE subcontractor listed in Exhibit 15-G: Construction Contract DBE Commitment or an approved substitute DBE subcontractor in order to perform the work of the terminated subcontract with its own forces or those of an affiliate without the LPA’s prior written consent. The LPA must include in each prime contract a provision stating that the contractor must utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the LPA's written consent due to the following, but not limited to, good reasons such as: • The listed DBE subcontractor fails or refuses to execute a written contract • The listed DBE subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards • The listed DBE subcontractor fails or refuses to meet the prime contractor's reasonable, nondiscriminatory bond requirements • The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness • The listed DBE subcontractor is ineligible to work on public works projects because of suspension and debarment proceedings pursuant 2 CFR Parts 180, 215 and 1,200 or applicable state law • The LPA has determined that the listed DBE subcontractor is not a responsible contractor • The listed DBE subcontractor voluntarily withdraws from the project and provides to you written notice of its withdrawal • The listed DBE is ineligible to receive DBE credit for the type of work required • A DBE owner dies or becomes disabled with the result that the listed DBE contractor is unable to complete its work on the contract Page 33 of 37 January 2022 Packet Pg. 355 Attachment: Caltrans LAPM Section 9.8 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Local Assistance Procedures Manual Chapter 9 Civil Rights & Disadvantaged Business Enterprise • Other documented good cause that the LPA determines compels the termination of the DBE subcontractor Before transmitting to the LPA its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to the LPA, of its intent to request to terminate and/or substitute, and the reason for the request. The prime contractor must give the DBE five days to respond to the prime contractor’s notice. The DBE shall advise the LPA and the prime contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the LPA should not approve the prime contractor’s action. When a DBE subcontract is terminated or when a DBE subcontractor fails to complete its work on the contract for any reason, the LPA must require the prime contractor to make GFEs to find another DBE subcontractor to substitute for the original DBE subcontractor. These GFEs must be directed at finding another DBE subcontractor to perform at least the same amount of work under the contract as the DBE subcontractor that was terminated to the extent needed to meet the DBE contract goal. Monitoring and Enforcement Mechanism for DBE Termination and Substitution LPAs are required to implement appropriate mechanisms to ensure compliance with the requirements related to the termination and substitution of subcontractors by all program participants. The LPA needs to stipulate legal and contractual remedies available under federal, state and local law in the contract and must set forth these mechanisms in the LPA’s DBE program. The LPA’s DBE program must also include a monitoring and enforcement mechanism to ensure that work committed to DBEs at contract award or subsequently (e.g., as the result of modification to the contract) is actually performed by the DBEs to which the work was committed. This mechanism must include a written certification that the LPA has reviewed contracting records and monitored work sites in the LPA’s jurisdiction for this purpose (for example, a resident engineer certifies CUF in writing). Noncompliance LPAs must include in each prime contract a provision for appropriate sanctions that will be involved if the prime contractor fails to fulfill the DBE commitments made at the time of execution of the contract. The LPA must deny payment to the prime contractor for the portion of the contract that was committed at the time of contract execution to be performed by a DBE subcontractor but was completed by the prime contractor or a substitute non-DBE subcontractor, unless agreed by the LPA in writing. Submitting the GFE and Supporting Document for Review For construction contracts less than or equal to $2 million and consultant contracts less than or equal to $500,000, the agency must perform the GFE review if DBE goal is not met. For construction contracts greater than $2 million and consultant contracts greater than $500,000 that had their DBE goal approved by Caltrans, if the low bidder or the most qualified consultant did not meet or exceed the DBE contract goal, the LPA must submit the GFE documentation to their DLAE for review. Page 34 of 37 January 2022 Packet Pg. 356 Attachment: Caltrans LAPM Section 9.8 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Local Assistance Procedures Manual Chapter 9 Civil Rights & Disadvantaged Business Enterprise The following are responsibilities and a flowchart on Good Faith Effort Review (see Figure 9-2) for LPAs, DLAEs, and DLA. Local Public Agency Responsibilities • The LPA must obtain, complete, and review all of the following documentation prior to determining if the low bidder or the most qualified consultant made a GFE: o A bid tabulation summary sheet such as included in Exhibit 15-D: Bid Tabulation Summary Sheet or Exhibit 10-O1: Consultant Proposal DBE Commitment. o All bidders’ Exhibits 15-G: Construction Contract DBE Commitment or Exhibit 10-O1: Consultant Proposal DBE Commitment. o All bidders’ Exhibit 15-H: Proposer/Bidder Good Faith Efforts or other documentation that all bidders’ submit in lieu of Exhibit 15-H. If bidders did not submit GFE documentation within five (5) days after bid opening, it should be noted in Exhibit 9- E: Local Agency Good Faith Effort Review. o Exhibit 9-E: Local Agency Good Faith Effort Review. • For construction contracts less than or equal to $2 million and consultant contracts less than or equal to $500,000, the agency has responsibility to perform the GFE review. • For construction contracts greater than $2 million and consultant contracts greater than $500,000 that had their DBE goal approved by Caltrans, if the low bidder or the most qualified consultant did not meet or exceed the DBE contract goal, the LPA must submit the above GFE documentation to their DLAE prior to awarding a contract or starting the negotiation. o LPAs may not award a contract to the low bidder or negotiate with the most qualified consultant without first receiving a memorandum from their DLAE that Caltrans has determined that they made a GFE. o If Caltrans determines the GFE was inadequate, the LPA will take Caltrans feedback on GFE into consideration and re-evaluate the GFE. After the re-evaluation:  If the LPA still thinks the GFE is adequate, they can award the contract or start the negotiation process.  If the LPA concludes that the GFE is inadequate, they must invite the low bidder or the most qualified consultant to an Administrative Reconsideration. DLAE Responsibilities • For construction contracts greater than $2 million and consultant contracts greater than $500,000 that had their DBE goal approved by Caltrans, e-mail all completed GFE documentation including the LPA’s bid summary (Exhibit 15-D or Exhibit 10-O1), DBE commitments (Exhibit 15-G or Exhibit 10-O1), the bidders’ GFEs (Exhibit 15-H), and the LPA’s GFE evaluation (Exhibit 9-E) to [email protected]. • Communicate the outcome of Caltrans GFE review to LPAs. DLA Responsibilities The following applies to the GFE evaluation for construction contracts greater than $2 million and consultant contracts greater than $500,000 that had their DBE goal approved by Caltrans: Page 35 of 37 January 2022 Packet Pg. 357 Attachment: Caltrans LAPM Section 9.8 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) GFE Notifies Agency of GFE processing results and next steps t AgencyGFE reviewed and memorandum sent to DLAE GFE Local Assistance Procedures Manual Chapter 9 Civil Rights & Disadvantaged Business Enterprise • After receiving a complete GFE package from the DLAE, reply to the DLAE when evaluation starts on the GFE review. • Once the GFE review has been finished, reply to the DLAE with Caltrans’ GFE review conclusion in a memorandum. The process will not take more than 15 business days after receipt of the GFE package from the District. If there is no response from DLA after 15 business days, the DLAE has the discretion to move forward. Figure 9-2: Good Faith Effort Review Flowchart Page 36 of 37 January 2022 Packet Pg. 358 Attachment: Caltrans LAPM Section 9.8 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Local Assistance Procedures Manual Chapter 9 Civil Rights & Disadvantaged Business Enterprise 9.9 References 49 CFR, Part 26 (DBE Regulations) http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title49/49cfr26_main_02.tpl 49 CFR, Part 21 (Title VI Regulations) http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title49/49cfr21_main_02.tpl 49 CFR, Part 27 (Accessibility) http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title49/49cfr27_main_02.tpl 23 CFR 200 and 230 (EEO Contractor Compliance) http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=23:1.0.1.3.7&idno=23 28 CFR, Part 35 (Accessibility) http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=28:1.0.1.1.36&idno=28 23 USC 140(a) (EEO Contractor Compliance) https://www.gpo.gov/fdsys/granule/USCODE-1995-title23/USCODE-1995-title23-chap1- sec140/content-detail.html 29 USC 791 et. Seq. (Accessibility) https://www.gpo.gov/fdsys/granule/USCODE-2010-title29/USCODE-2010-title29-chap16-subchapV￾sec791/content-detail.html 42 USC 12101 et. Seq. (Accessibility) http://www.ada.gov/pubs/adastatute08.htm California Business and Professions Code, Section 7108.5 (Prompt Payment) http://law.onecle.com/california/business/7108.5.html Section 54 of the California Civil Code http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=54 Page 37 of 37 January 2022 Packet Pg. 359 Attachment: Caltrans LAPM Section 9.8 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Adopt Resolution accepting the List of Projects for Fiscal Year 2022-23 funded by Senate Bill (SB) 1: The Road Repair and Accountability Act of 2017. Fiscal Impact The estimated Fiscal Year 2022-23 Road Maintenance and Repair Account (RMRA) funding allocation to the City of Redding (City) is $2,090,612. Alternative Action The City Council (Council) may choose to not adopt the attached resolution. The City would then not be eligible to receive SB 1 funding in the amount of $2,090,612. Background/Analysis On April 28, 2017, the Governor signed SB 1, the Road Repair and Accountability Act of 2017, to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road systems. SB 1 increases per-gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to gas tax rates in future years. RMRA funds are apportioned by formula to eligible cities and counties. The City’s portion of RMRA funds for Fiscal Year 2022-23 is estimated to be $2,090,612. SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. Therefore, in order to be eligible for RMRA funding, cities must submit a project list proposed to be funded with these funds. The attached list includes projects that may be funded with RMRA funds depending on the availability of other funding sources within the Streets Division. The RMRA legislation recognizes the need for, and provides MEETING DATE: May 17, 2022 ITEM NO. 4.11(b) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4.11(b)--Resolution Accepting the List of Projects Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 Chuck Aukland, Public Works Director Packet Pg. 360 Report to Redding City Council May 4, 2022 Re: 4.11(b)--Resolution Accepting List of Projects Funded by SB1 Page 2 agencies with, the flexibility to fund projects in accordance with local needs and priorities. As such, the project list is simply a proposal of potential projects that may utilize these funds. Agencies are required, however, to submit expenditure reports by October 1, of each year that detail each project and corresponding amount of RMRA funds utilized to ensure program accountability. The RMRA provides much needed funds to repair and rehabilitate existing transportation facilities at both the state and local level. The City’s backlog of deferred maintenance continues to grow as need outpaces resources. The resolution has been approved as to form by the City Attorney Council Priority/City Manager Goals • This agenda item is a routine operational item. Attachments ^Resolution ^Attachment A - List of Projects 2022-23 Packet Pg. 361 RESOLUTION NO. 2022- A RESOLUTION OF THE CITY OF REDDING ADOPTING THE LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Redding (City) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must include a list of all projects (Attachment A) proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $2,090,612 in RMRA funding in Fiscal Year 2022-23 from SB 1; and WHEREAS, this is the fifth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a public process to ensure public input into our community’s project list; and WHEREAS, the City used a Pavement Management System to develop portions of the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets and roads and add active transportation infrastructure throughout the City this year and numerous similar projects into the future; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; Packet Pg. 362 Attachment: ^Resolution (4.11(b)--Resolution Accepting List of Projects Funded by SB1) NOW THEREFORE, BE IT RESOLVED THAT the City Council of Redding, County of Shasta, State of California, accepts the proposed projects which will utilize Fiscal Year 2022-23 Road Maintenance and Rehabilitation revenues in their delivery. With the listing of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues List of Projects (Attachment A) funded by SB 1, the Road Maintenance and Rehabilitation Account for Fiscal Year 2022-23. I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 17th day of May, 2022, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: _______________________________________ KRISTEN SCHREDER, Mayor ATTEST: FORM APPROVAL: _________________________________ ____________________________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney Packet Pg. 363 Attachment: ^Resolution (4.11(b)--Resolution Accepting List of Projects Funded by SB1) Project Details Title Description Location Component Priority Status Est. Schedule Useful Life Start Complete Min Max Assem Senate Bechlli Lane ATP Improvements This project will include: Bicycle Lane (New), Sidewalk and/or Crosswalk Installation (New) | Project includes a road diet, sidewalk gap closure, ADA curb ramps, buffered bike lanes and enhanced pedestrian crossings Bechelli Lane from Cypress Avenue on the; North to Riverview Country Club. Bechelli; Ln. from S. Bonnyview to Cypress Ave.; (2.3 mi). Loma Vista Dr. from Bechelli Ln; to Churn Creek Rd. (.5 mi); Construction Forecasted 20/21 07/2022 11/2023 10 15 1 1 General Street Maintenance This project will include: Procurement of Public Works Equipment, Procurement of Public Works Safety Materials and Gear, Procurement of Public Works Systems/Databases, Procurement of Road Maintenance and Rehab Materials, Public Works Staffing, Repair and Servicing of Public Works Equipment, Repair and Servicing of Public Works Systems/Databases Citywide Procurement/ Operational Needs Carried Over 21/22 07/2022 06/2023 1 5 1 1 Old Alturas Bridge over Churn Creek This project will include: Bridge Structure Rehab/Repair (Existing), Sidewalk and/or Crosswalk Installation (New) | Bridge Structure Widening (Existing) Old Alturas Road at Churn Creek and 200' feet before and after bridge limits Construction New 22/23 04/2023 10/2025 15 50 1 1 Replace AC Surfacing This project will include: Pavement Rehab/Repair (Existing) Airport Road from Electro Way to Knighton Road, Oasis Road from Interstate 5 to Lake Boulevard, Victor Avenue from Mistletoe to E Cypress, and Churn Creek Road from Browning to Bodenhammer. Construction New 22/23 06/2022 10/2022 5 15 1 1 Oregon Street Improvements This project will include: Cost Estimating, Preliminary Design, Sidewalk and/or Crosswalk Installation (New), Storm Drain/Culvert Installation (New) Oregon Street between Shasta Street and Yuba Street Pre￾Construction and Construction New 22/23 02/2020 05/2023 04/2023 11/2023 10 30 1 1 Attachment A Packet Pg. 364 Attachment: ^Attachment A - List of Projects 2022-23 (4.11(b)--Resolution Accepting List of Projects CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Authorize the Public Works Department to purchase radio equipment from Motorola in an amount not to exceed $450,000 for Fiscal Year 2021-22 based upon the authorization for sole￾source purchasing of Motorola radio equipment for the Redding Electric Utility (REU) Wildfire Mitigation Plan Technology Solutions Program, approved by City Council at the September 15, 2020, meeting. Fiscal Impact For Fiscal Year 2021-22, the impact is $436,821.28. This is the cumulative amount for the Solid Waste Utility ($101,398.27 already expended and an additional $215,000 budget resolution approved by City Council (Council) on March 15, 2022), Airports Division ($30,423.01) and Streets Division ($90,000). Alternative Action The City Council (Council) may choose not to allow the Public Works Department to utilize the sole source finding and purchase of equipment directly from Motorola. Alternatively, Council could provide direction to staff regarding the acquisition of the necessary radio equipment that is compatible with the new citywide communication platform. Background/Analysis The City of Redding (City) has an end of life, and end of support, radio system that is used by various departments. On December 3, 2019, the Council approved the Redding Electric Utility (REU) Wildfire Mitigation Plan Technology Solutions Program which included the development of a common radio platform which converted the citywide radio system from an analog system to a digital system. On September 15, 2020, the Council authorized the sole source purchase of Motorola radio equipment as part of the REU Wildfire Mitigation Plan Technology Solutions MEETING DATE: May 17, 2022 ITEM NO. 4.11(c) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4.11(c)--Authorize Sole-Source Purchase of Motorola Radio Equipment for the Public Works Department Chuck Aukland, Public Works Director Packet Pg. 365 Report to Redding City Council May 10, 2022 Re: 4.11(c)--Authorize Sole-Source Purchase of Motorola Radio Equipment Page 2 Program. The sole-source recommendation to use Motorola radios and equipment was the result of the City working with a consultant to determine the best solution for a citywide communication platform. Since the REU Wildfire Mitigation Plan Technology Solutions Program was announced, the Public Works Department has been acquiring new and replacement radios that are compatible with both the existing and new platform. Newly acquired radios have been predominantly Motorola. Motorola provides contract pricing for all of the City’s orders. Due to the total amount of expenditures that the Public Works Department as whole will be spending on Motorola radio equipment, staff is seeking the Council’s approval. Council Priority/City Manager Goals • Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” • Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.” Attachments Previous Staff Report - 9-15-20 Packet Pg. 366 CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Authorize the sole-source purchase of Motorola equipment in a not-to-exceed amount of $8.8 million for the development of a fire and public safety radio platform as part of the Redding Electric Utility’s (REU) Wildfire Mitigation Plan Technology Solutions Program. Fiscal Impact Funds were appropriated by the City Council (Council) for the Redding Electric Utility (REU) Wildfire Mitigation Plan’s Technology Solutions Program on December 3, 2019. Staff anticipates the approved budget of $8.8 million will be adequate for the development of a fixed and mobile communication platform. Cost details are shown as part of the REU Technology Solutions Program, Exhibit B, Item 3 (page 85 of REU’s Wildfire Mitigation Plan). Alternative Action The Council can choose not to approve the sole source procurement, which would require REU staff to prepare a Request for Proposal (RFP) to solicit various vendors; however, this would result in substantial duplication of costs and delay. Further delay risks equipment failure, and impacts response times and interoperability of communication. Background/Analysis On December 3, 2019, the City Council approved the final elements of the REU Wildfire Mitigation Plan. One of the programs approved, the REU Technology Solutions Program, includes the development of a common radio platform, including base stations, handhelds and vehicle mounted radios for REU personnel as well as radio equipment for City of Redding Police and Fire command staff. MEETING DATE: September 15, 2020 ITEM NO. 4.5(b) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4.5(b)--Authorize Sole-Source Purchase of Motorola Radio Equipment for REU’s Wildfire Mitigation Plan Daniel Beans, Director of Electric Utility Packet Pg. 184 Packet Pg. 367 Attachment: Previous Staff Report - 9-15-20 (4.11(c)--Authorize Sole-Source Purchase of Motorola Radio Equipment) Report to Redding City Council September 9, 2020 Re: 4.5(b)--Sole Source Purchase of Motorola Radio Equipment Page 2 The City of Redding currently has an end of life, end of support Motorola Smart Net Trunking system. As current radio inventory breaks, various City departments, and/or users of the City of Redding’s communication system, have been acquiring new radios that are compatible with the existing Motorola (analog) system and can be updated to the new P25 (digital) system once it is in place. Newly acquired radios are predominately Motorola radios and have been selected due to desired features specific to Motorola. Recently, the City of Redding began working with a consultant to determine the best solution for a citywide communication platform that will meet the needs of the Police, Fire, and Electric Departments. Based on the assessment, and the amount of funds invested in Motorola radios, the best communication platform to move forward will be the proposed one. Doing so will ensure the desired enhancements and safety features specific to Motorola radios will remain compatible with existing equipment. Additionally, and importantly, local public safety uses Motorola Computer Aided Dispatch consoles and Core (often referred to as Spillman). The continued procurement of Motorola equipment is necessary to fully integrate SHASCOM with the planned City infrastructure replacement. This will allow SHASCOM to gain maximum visibility into the public safety communication network, as well as the location of radios in the field. Council Priority/City Manager Goals  Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.”  Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.” Attachments REU Wildfire Mitigation Plan (available online) Packet Pg. 185 Packet Pg. 368 Attachment: Previous Staff Report - 9-15-20 (4.11(c)--Authorize Sole-Source Purchase of Motorola Radio Equipment) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Accept $2,295,100 in Urban Flood Protection Grant funds; and adopt Resolution approving and adopting the 41st Amendment to City Budget Resolution No. 2021-078 appropriating $2,295,100 in funds for the Boulder Creek Flood Protection and Natural Treatment Project. Fiscal Impact The total project costs are estimated to be $2,418,900. The grant will provide funding in the amount of $2,295,100. The remaining funds will come from previously budgeted in-kind staff time ($73,800) and Wastewater funds ($50,000). Alternative Action The City Council (Council) may chose not to accept the Urban Flood Protection Grant funds or approve the budget resolution. The City of Redding (City) would lose $2,295,100 in grant funds and the project may not be completed. Background/Analysis On April 7, 2020, the Council adopted Resolution No. 2020-40 allowing the City to apply for Proposition 68 Urban Flood Protection Grant for the Boulder Creek Flood Protection and Natural Treatment System Project (Boulder Creek Project). The Council also authorized the City Manager, or designee, to execute all documents necessary to apply for the grant, and execute any agreements necessary to implement the project should the grant be awarded. On September 7, 2021, the City was notified that the California Natural Resources Agency had selected the City to receive a grant in the amount of $2,295,100. The Boulder Creek Project would utilize existing infrastructure to reduce flooding at Boulder Creek School, improve water quality and environmental habitat, and provide recreational and educational opportunities to a severely disadvantaged community. An inlet spillway along MEETING DATE: May 17, 2022 ITEM NO. 4.11(d) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4.11(d)--Accept Urban Flood Protection Grant Funds and Adopt Budget Resolution Appropriating Funds Ryan Bailey, Assistant Director of Public Works Packet Pg. 369 Report to Redding City Council May 8, 2022 Re: 4.11(d)--Accept Grant Funds and Adopt Resolution Page 2 Boulder Creek bank will divert stormflows from the 1,800-acre drainage area, consisting of 80 percent urban land uses, into two sedimentation basins (abandoned wastewater treatment ponds). The sedimentation basins will provide capture and detention of wet weather flows, as well as provide an opportunity for settling of sediment and particulate-bound pollutants and trash capture before diversion into a third bio-retention pond and release back into Boulder Creek. Boulder Creek School, located less than a mile downstream of the project area, experiences at least one flood event each year. The school field, track, playground, and eastern parking lot become inundated with floodwater, limiting outdoor activity areas for the children and causing thousands of dollars in damage. The project is anticipated to reduce the frequency and intensity of flood events, as initial modeling shows that the one-year peak flow rate can be reduced to one quarter of the current rate. A series of trails and signs will be constructed around the three basins and they will be connected to the City's Northeast Crossing Trail project, which is a grant funded project being implemented by the Community Services Department. The project also includes native tree planting, invasive species removal, and floodplain restoration. An existing building from the wastewater treatment plant and a concrete-lined pond, both located within the 100-year flood plain, will be demolished, and the flood plain area will be restored. Construction is anticipated to occur by 2024. Council Priority/City Manager Goals • Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” • Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.” Attachments ^Resolution Previous Staff Report 040720 Packet Pg. 370 RESOLUTION NO. 2022-_____ A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 41ST AMENDMENT TO CITY BUDGET RESOLUTION NO. 2021-078 APPROPRIATING $2,295,100 IN URBAN FLOOD PROTECTION GRANT FUNDS FOR THE BOULDER CREEK FLOOD PROTECTION AND NATURAL TREATMENT PROJECT FOR FISCAL YEAR 2021-22 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2021-078 be and is hereby amended as follows: FUND DIVISION DESCRIPTION INCREASE DECREASE 128 566 Transportation Grant Projects $2,295,100 THAT account titles and numbers requiring adjustments by this Resolution are as follows: USE SOURCE OF FUNDS OF FUNDS Increase (Decrease) Revenue 128-566-6-1200-18 State Grant - Capital - Public Works $ 2,295,100 Increase Expenditures 128-566-4895-10 Boulder Creek Flood Protection $ 2,295,100 Total $ 2,295,100 $ 2,295,100 THAT the purpose is to appropriate $2,295,100 in Urban Flood Protection grant funds for the Boulder Creek Flood Protection and Natural Treatment Project for fiscal year 2021-22. I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 17th day of May, 2022, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: KRISTEN SCHREDER, Mayor ATTEST: FORM APPROVAL: PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney Packet Pg. 371 Attachment: ^Resolution (4.11(d)--Accept Grant Funds and Adopt Resolution) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Authorize the following action relative to the funding, design, permitting, and construction of the Boulder Creek Flood Protection and Natural Treatment Project: (1) Adopt Resolution approving the City of Redding (City) as an applicant for the Urban Flood Protection Grant Program (Proposition 68), administered by the California Natural Resources Agency; and (2) Authorize the City Manager, or designee, to execute all documents necessary to apply for the grant, and execute any agreements necessary to implement the project should the grant be awarded. Fiscal Impact The grant application will request up to $2 million to create a flood management and stormwater treatment system at the abandoned Buckeye Wastewater Treatment Plant. Although no local matching funds are required by the grant agency, funding contributions are highly encouraged and will increase the application’s competiveness. Staff anticipates contributing in-kind services performed by the City’s Storm Water Management Program (SWMP). The SWMP positions are funded through the National Pollutant Discharge Elimination System (NPDES) Fixed Fee Charge and the General Fund would not be impacted. There would be no short-term fiscal impact as a result of approving and authorizing as recommended. Long-term maintenance costs for this project are minimal. The trails, landscape, and signs would be maintained by Park Maintenance Division staff, supplemented with volunteers when possible. The projected annual cost for waste management, weed abatement, occasional pruning and hazardous tree removal is estimated at $1,800 per year and would be absorbed within the current Park Maintenance Division budget. Infrastructure maintenance and repair would be funded by the NPDES Fixed Fee Charge. MEETING DATE: April 7, 2020 ITEM NO. 4.11(g) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4.11(g)--Adopt Resolution Approving City of Redding as Applicant for Urban Flood Protection Grant for Boulder Creek Chuck Aukland, Public Works Director Packet Pg. 372 Attachment: Previous Staff Report 040720 (4.11(d)--Accept Grant Funds and Adopt Resolution) Report to Redding City Council April 1, 2020 Re: 4.11(g)--Resolution Approving City as Applicant for Urban Flood Protection Grant for Boulder Creek Page 2 Alternative Action The City Council could choose to direct staff not to apply for funds under this grant program, or provide staff with alternative direction. Background/Analysis The Urban Flood Management Program, funded by voter approved Proposition 68, focuses on multi-benefit projects that address flooding in urbanized areas. Projects must include storm water capture and reuse, planning and implementation of low-impact development, restoration of urban streams and watersheds, and increasing permeable surfaces to reduce flooding. The California Natural Resources Agency administers the grant and has allocated $87.5 million for these projects. The Public Works Department (Department) seeks to submit an application to this program for the design, permitting, engineering, and construction of a flood management and storm water treatment system located on City-owned open space. In recent years, this project has been the subject of planning efforts, and extensive community review. The Department’s Storm Water Resource Plan identified the Boulder Creek Flood Protection and Natural Treatment Project (Project) as the highest priority multi-benefit treatment project for the City. The project was developed in collaboration with a Technical Advisory Group (including State regulators) and a Stakeholder Group comprised of other government agencies, non-governmental organizations, environmental groups, community members, and other interested parties. The proposed project would utilize existing infrastructure to reduce flooding at Boulder Creek School, improve water quality and environmental habitat, and provide recreational and educational opportunities to a severely disadvantaged community. An inlet spillway along Boulder Creek bank will divert stormflows from the 1,800-acre drainage area, consisting of 80 percent urban land uses, into two sedimentation basins (abandoned wastewater treatment ponds). The sedimentation basins will provide capture and detention of wet weather flows, as well as provide an opportunity for settling of sediment and particulate-bound pollutants, and trash capture before diversion into a third bio-retention pond and release back into Boulder Creek. Boulder Creek School, located less than a mile downstream of the project area, experiences at least one flood event each year. The school field, track, playground, and eastern parking lot become inundated with floodwater, limiting outdoor activity areas for the children and causing thousands of dollars in damage. The project is anticipated to reduce the frequency and intensity of flood events, as initial modeling shows that the one-year peak flow rate can be reduced to one quarter of the current rate. A series of trails and signs will be constructed around the three basins and they will be connected to the City’s Northeast Crossing Trail project, which is a grant funded project being implemented by the Community Services Department. The Project also includes native tree planting, invasive species removal, and floodplain restoration. An existing building from the wastewater treatment plant and a concrete-lined pond, both located within the 100-year flood plain, will be demolished, and the flood plain area will be restored. Construction is anticipated to occur by 2024. Packet Pg. 373 Attachment: Previous Staff Report 040720 (4.11(d)--Accept Grant Funds and Adopt Resolution) Report to Redding City Council April 1, 2020 Re: 4.11(g)--Resolution Approving City as Applicant for Urban Flood Protection Grant for Boulder Creek Page 3 The grant application will request up to $2 million for the design and construction of the proposed project and must be submitted by April 8, 2020. The effort to complete the application process includes documenting the flooding issues, sourcing support letters, documenting community outreach activities, and quantifying the flood management and water quality benefits. Taking the recommended action will allow the City to compete for funds for this multi-benefit project. The resolution has been approved as to form by the City Attorney. Council Priority/City Manager Goals • This agenda item is a routine operational item. Attachments Resolution Project Concept Sheet Location Map Packet Pg. 374 Attachment: Previous Staff Report 040720 (4.11(d)--Accept Grant Funds and Adopt Resolution) RESOLUTION NO. 2020-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AUTHORIZING THE FILING OF A GRANT APPLICATION FOR URBAN FLOOD PROTECTION GRANT FUNDS AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE APPLICATION AND ALL SUBSEQUENT DOCUMENTATION TO OBTAIN PROPOSITION 68 FUNDING WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, The California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicant’s governing board before submission of said application(s) to the State; and WHEREAS, the Applicant, if selected, will enter into an agreement with the State of California to carry out the project; NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Redding as follows: 1. Approves the filing of an application for the Boulder Creek Flood Protection and Natural Treatment Project; 2. Certifies that Applicant understands the assurances and certification in the application; 3. Certifies that Applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements or will secure the resources to do so; 4. Certifies that it will comply with all provisions of Section 1771.5 of the California Labor Code; 5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, and disabled access laws and that prior to commencement of construction all applicable permits will have been obtained; 6. Certifies that Applicant will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1; Packet Pg. 375 Attachment: Previous Staff Report 040720 (4.11(d)--Accept Grant Funds and Adopt Resolution) 7. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project. I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a special meeting of the City Council of the City of Redding on the 7 th day of April, 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ___________________________________ ADAM McELVAIN, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ___________________________________ PAMELA MIZE, Secretary BARRY E. DeWALT, City Attorney Packet Pg. 376 Attachment: Previous Staff Report 040720 (4.11(d)--Accept Grant Funds and Adopt Resolution) Packet Pg. 377 Attachment: Previous Staff Report 040720 (4.11(d)--Accept Grant Funds and Adopt Resolution) Packet Pg. 378 Attachment: Previous Staff Report 040720 (4.11(d)--Accept Grant Funds and Adopt Resolution) ALAMINE DR REDDINGTON DR DAVIS RIDGE RD BODENHAMER BLVD MILL VALLEY PKWY BETHEL LN FAIR HILL DR ROSEWOOD DR BELVEDERE DR ROLLINGVIEW DR TEAKWOOD DR CAMPERS CT GRANTS PASS PL ROGUE RIVER WAY DURANGO WAY STINSON LOOP GREENBRIAR CT ARBUCKLE CT I 5 NB OFFRAMP MILL VALLEY PKWY REDDINGTON DR INTERSTATE 5 STE HWY 299 COLLEGEVIEWDR MICACT BOULDERCRE E K D R A H NLANDCT MTG. DATE: ITEM: ATTACHMENT: INFORMATION TECHNOLOGY DEPARTMENT GIS DIVISION LOCATION MAP DATE PRODUCED: - 0 200 400Feet - FORMER SEWER PONDS NATURAL TREATMENT SYSTEM 901 COLLEGE VIEW DRIVE & 500 DAVIS RIDGE ROAD AP# 116-180-006 & 117-070-028 MARCH 23, 2020 P:\Environmental Management\ProProjects\FormerSewerPondsProject.aprx Packet Pg. 379 Attachment: Previous Staff Report 040720 (4.11(d)--Accept Grant Funds and Adopt Resolution) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Accept update on the City of Redding’s COVID-19 Local Economic Stimulus Package projects. Fiscal Impact The City Council (Council) previously approved an allocation of $9 million in Greenhouse Gas (GHG) Cap and Trade auction proceeds to be used for projects that reap an energy savings benefit to the City of Redding (City). To date, the City Manager has authorized purchases and projects totaling nearly $3.2 million and a consulting services agreement for engineering support for just over $1.2 million. Alternative Action The Council may choose not to accept the project status report and provide further direction to staff. Background/Analysis On Tuesday, April 21, 2020, the Council unanimously approved the City of Redding Economic Response Plan. Included in the plan, is the allocation of $9 million in Cap and Trade auction proceeds to be used for several projects (Program) associated with the Local Economic Stimulus Package that equates to a savings in energy costs for the City. On May 5, 2020, the Council authorized the City Manager to execute agreements, purchase orders, and contracts associated with the program to ensure an expedited delivery schedule. The Council also directed staff to provide regular status updates on the program and ratify all City Manager awards. As directed by the City Manager, staff has endeavored to break up most of the work into smaller contracts, with values lower than $500,000, with the idea that local contractors and vendors will compete better due to lack of mobilization costs and other local advantages. However, the City has limited control because these are Public Works contracts and must be awarded to the lowest responsible and responsive bidder in accordance with State of California law. MEETING DATE: May 17, 2022 ITEM NO. 4.11(e) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4.11(e)--COVID-19 Economic Stimulus Package Projects Chuck Aukland, Public Works Director Packet Pg. 380 Report to Redding City Council May 8, 2022 Re: 4.11(e)--COVID-19 Economic Stimulus Package Projects Update Page 2 To date, staff has awarded 14 projects totaling just under $3.2 million, including projects for lighting improvements at sport fields, the Library, the Corporation Yard, City Hall, the Police Department, and the Civic Center Auditorium, and projects to install solar power generation systems and replace roofs at various fire stations, as well as several purchase orders and on-call contract services for lighting, plumbing, mechanical work, and equipment. Seven projects have been completed, and nine of the 14 projects have been awarded to contractors with local offices. The final lighting project in the program, the LED Lighting Retrofit at Various Locations Project, is currently advertising for construction bids, and staff and the design consultant are finalizing bid packages for the Aquatic Center Pumping System Upgrades Project and the Window Replacements at Various Fire Stations Project. The design consultant is also preparing design packages for heating, ventilation, and air conditioning (HVAC) projects at City Hall, the Police Department, and the Corporation Yard. The attached Project Status Report provides more detailed information on project status and costs. Staff will continue to return to the Council monthly to provide progress updates. Council Priority/City Manager Goals • Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.” • Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.” • Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.” • Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.” Attachments ^Project Status Report Previous Staff Report 05-05-20 Previous Staff Report 04-21-20 Packet Pg. 381 Project # Description Project Type Contract Method Award/PO Date Ratification Date Contractor Local Contractor, Sub, or Supplier? Cost Est Actual Cost $ to Local Contractors Estimated Completion Date Acceptance Date Project Status PROJECTS IN CONSTRUCTION C19-PO-01 Sourcewell purchase order for stadium lighting (Equipment Only) at Alta Mesa Park, Softball Park, South City Park, Buckeye Park, and Caldwell Park Stadium Lighting Purchase Order (Equipment Only) 7/16/2020 7/21/2020 Musco No $ 1,227,941 $ 1,227,941 $ - 10/31/2022 Purchase order with Musco for equipment. C19-L-04 LED Lighting Retrofit at City Hall and Police Station Lighting Standard Bid 8/2/2021 8/17/2021 Fluoresco Services, LLC No $ 519,000 $ 144,118 $ - 6/30/2022 Construction nearly complete. Material delays for few remaining lamps. C19-LS-02 Installation of City purchased stadium lighting equipment at Buckeye Park and Caldwell Park Stadium Lighting Standard Bid (Installation Only) 2/17/2021 3/16/2021 Builders Solutions, Inc. Yes $ 341,500 $ 303,485 $ 303,485 5/31/2022 Construction complete. Working with contractor to determine final payment. C19-LS-01 Installation of City purchased stadium lighting equipment at Alta Mesa Park, Softball park, South City Park Kiwanis 1, and Tiger Field Stadium Lighting Standard Bid (Installation Only) 3/31/2021 4/20/2021 Builders Solutions, Inc. Yes $ 465,014 $ 463,168 $ 463,168 10/31/2022 Construction delayed due to long material lead times and baseball schedule. All fields except Tiger Field and Kiwanis 1 completed. C19-S-01 Solar PV at Fire Stations 7 & 8 Solar Standard Bid 9/29/2021 10/19/2021 B & B Solar Inc. Yes $ 100,529 $ 98,900 $ 98,900 6/1/2022 Contractor obtaining building permits. C19-S-02 Solar PV & Replace Roofs at Various Fire Stations (Stations 2, 4, 5, and 6) Solar Standard Bid 11/23/2021 12/21/2021 Harbert Roofing, Inc. Yes $ 525,610 $ 426,213 $ 426,213 6/15/2022 Roof construction underway. Contractor obtaining building permits for solar PV. C19-L-06 LED Lighting Retrofit at Civic Center Auditorium Lighting Standard Bid 11/23/2021 12/21/2021 Fluoresco Services, LLC No $ 162,111 $ 77,387 $ - 10/1/2022 Construction on hold due to material delays. PROJECTS IN DESIGN C19-L-05 LED Lighting Retrofit at Various Locations (Aquatic Center, Caldwell Park, Fire Stations, MLK Jr Center, Enterprise Park, Old City Hall, Senior Citizens Hall, and California Soccer Park) Lighting Standard Bid $ 386,077 12/15/2022 Advertised for bids. C19-M-03 Upgrade HVAC at City Hall & Police Department HVAC Standard Bid $ 888,430 1/15/2023 Jacobs preparing design package. C19-M-04 Upgrade HVAC at Caldwell Park Rec Center HVAC Standard Bid $ 120,000 8/15/2022 City waiting for quote from on-call contractor. C19-M-05 Upgrade HVAC at Corp Yard HVAC Standard Bid $ 195,000 2/15/2023 Jacobs preparing design package. C19-P-03 Upgrade Pumping Control System at the Aquatic Center Plumbing Standard Bid $ 150,000 12/15/2022 Jacobs preparing bid package. C19-S-03 Solar PV & Replace Roofs - Fire Stations 1 and 3 Solar Standard Bid $ 250,000 TBD Structural design and improvements needed for addition of solar equipment. Staff evaluating cost to benefit. C19-W-04 Replace Windows at Fire Stations 1 through 6 Windows Standard Bid $ 168,000 11/7/2022 City staff preparing design in-house. Preparing final design package. C19-M-06 Replace HVAC at Civic Center Auditorium HVAC Standard Bid $ 3,500,000 TBD Design on hold until City can determine if budget will be available. C19-S-04 Install Solar and Replace Roof at Civic Center Auditorium Solar Standard Bid $ 1,600,000 TBD Design on hold until City can determine if budget will be available. PROJECTS COMPLETE C19-L-01 LED Lighting Retrofit at three Non Profit Buildings at Diestelhorst Landing. Lighting On-Call Contract 6/9/2020 7/21/2020 B&C Yes $ 48,000 $ 13,000 $ 13,000 7/9/2020 7/31/2020 Construction completed. C19-L-02 LED Lighting Retrofit at Library Lighting Standard Bid 11/19/2020 12/15/2020 Clear Blue Energy Corp. No $ 194,263 $ 53,633 $ - 3/1/2021 2/22/2021 Construction completed. C19-L-03 LED Lighting Retrofit at Corp Yard Lighting Standard Bid 12/15/2020 1/19/2021 Fluoresco Services, LLC No $ 391,117 $ 143,650 $ - 6/22/2021 8/6/2021 Construction completed. C19-P-01 Replace Water Heaters in Fire Stations 2, 3, 4, and 6 Plumbing On-Call Contract 6/30/2020 7/21/2020 American Leak Detection Yes $ 49,000 $ 13,050 $ 13,050 9/16/2020 10/2/2020 Construction completed. C19-P-02 Replace Laundry Facilities in Fire Stations 2, 3, 5, 7, and 8 Plumbing On-Call Contract 6/25/2020 7/21/2020 American Leak Detection Yes $ 17,000 $ 12,759 $ 12,759 9/16/2020 10/2/2020 Construction completed. C19-M-01 Replace HVAC Units in Fire Stations 1,2,4,6 HVAC On-Call Contract 6/9/2020 7/21/2020 ACCO Yes $ 92,109 $ 95,278 $ 95,278 12/1/2020 11/30/2020 Construction completed. C19-M-02 Replace HVAC Units in Old City Hall HVAC On-Call Contract 6/15/2020 7/21/2020 ACCO Yes $ 135,755 $ 97,985 $ 97,985 1/20/2021 1/13/2021 Construction completed. Sub Total: $ 11,526,456 $ 3,170,566 $ 1,523,838 PROJECT MANAGEMENT/DESIGN/CONSTRUCTION MANAGEMENT SERVICES C-19-DC-01 Project Management, Design and Construction Services Engineering Consultant PSA 6/9/2020 7/21/2020 Jacobs Engineering Yes $ 1,240,816 On-going design and construction management services Total $ 12,767,272 $ 3,170,566 $ 1,523,838 Project Budget $9 M. Projects will be prioritized and delivered to fit within approved budget Energy Efficiency Economic Response Plan (EEERP) Project Status Report Packet Pg. 382 Attachment: ^Project Status Report (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Authorize the City Manager to award any public works contract, purchase order, or agreements, of any value, associated with the $9.5 million GHG funding approved as part of the Local Economic Stimulus Package. Fiscal Impact The City Council has previously approved the allocation of $9.5 million in Cap and Trade auction proceeds to be used for projects that reap an energy savings benefit to the City of Redding. There is no further fiscal impact to granting authority to the City Manager to execute the agreements, purchase orders, and contracts associated with these projects. There may, however, be an added benefit of seeing the money infused more rapidly into the local economy. Alternative Action The City Council could choose to not authorize the City Manager to execute the agreements, purchase orders, or contracts associated with the Cap and Trade distribution funds to expedite delivery of the work. This would lengthen the process to use the authorized funding. Background/Analysis On Tuesday, April 21, 2020, the City Council unanimously approved the Economic Response Plan. Included in the plan is the allocation of $9.5 million in Cap and Trade auction proceeds to be used for projects associated with the Local Economic Stimulus Package that equate to a savings in energy costs for the City of Redding. By authorizing the City Manager to negotiate, execute, and direct the agreements, purchase orders and contracts, staff can proceed with rapidly assigning the work and awarding bids. The benefit to this is being able to see the Cap and Trade action proceeds go to work as soon as possible in the community, and thereby providing the local MEETING DATE: May 5, 2020 ITEM NO. 9.1(b) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 9.1(b)--Consider authorizing the City Manager to award energy savings contracts, purchase orders, and agreements related to the Green House Gas (GHG) funding approved by the City Council as part of the Local Economic Stimulus. Barry Tippin, City Manager Packet Pg. 383 Attachment: Previous Staff Report 05-05-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) Report to Redding City Council April 28, 2020 Re: 9.1(b)--Authorize City Manager to award energy savings contracts Page 2 economy a direct opportunity to see a quick positive impact to jobs and business activity. The projects within the package may include, , LED light replacement in City facilities, reroofing and some solar installation at Fire Stations, replacing largely older and heavy energy using equipment with newer more efficient equipment, and additional energy saving projects to be determined Council Priority/City Manager Goals  Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”  Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.”  Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”  Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”  Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.” Packet Pg. 384 Attachment: Previous Staff Report 05-05-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Accept the City of Redding Economic Response Plan and provide direction to staff as follows: (1) Approve deferral of Transient Occupancy Tax (TOT) hotels and motels. (2) Approve modification of existing Community Assistance for Redding Electric Services (CARES) guidelines. (3) Approve modification of amortization policy for City of Redding utility bills. (4) Approve the refund of all City of Redding utility deposits. (5) Rescind approval of allocation of Cap and Trade funds for the Wildfire Mitigation and Building Electrification programs; approve Cap and Trade auction proceeds to be distributed to electric customers; and adopt Resolution approving and adopting the 32nd Amendment to City of Redding Budget Resolution No. 2019-050 to appropriate a total of $9 million in Greenhouse Gas allotment for utility rebates. (6) Approve adoption of a utility grant program for small businesses utilizing $600,000 of Community Development Block Grant (CDBG) funding. (7) Economic Stimulus Package a. Approve additional use of $5 million of Greenhouse Gas allotment and adopt Resolution approving and adopting the 33rd Amendment to City of Redding Budget Resolution No. 2019-050 allocating money for projects designated as providing energy savings for the general fund. b. Provide direction on projects involving utilities funding and borrowing. Fiscal Impact The amount of impact of this proposal depends on the City Council’s (Council) direction for staff. The programs implemented thus far are expected to impact the General Fund due to approximately $500,000 in missed revenue projections. Programs such as modifying the Amortization Program guidelines and deferring Transient Occupancy Tax will reduce reserves in the short term by providing cash flow relief to businesses. Using restricted revenue funds to modify existing CARES program guidelines, and also refunding City of Redding utility deposits MEETING DATE: April 21, 2020 ITEM NO. 9.1(b) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 9.1(b)--Consider Economic Response Plan related to the Covid-19 pandemic's impact on the City and provide direction regarding mitigation measures. Barry Tippin, City Manager Packet Pg. 385 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) Report to Redding City Council April 16, 2020 Re: 9.1(b)--Economic Response Plan Page 2 and creating a utility grant program for small business will not impact unrestricted reserves. If the additional utility credit is approved, $9 million in Cap and Trade auction proceeds would need to be allocated, some of which would be reallocated from previously funded projects, to bring the total allocation to $11 million for utility rebates. To complete projects listed in the Local Economic Stimulus Package, $5 million in Cap and Trade auction proceeds would need to be allocated in addition to the $4 million already allocated. The Council could also, through approval of this report, provide direction and identify an amount of money to reserve to pay for any potential borrowing for projects that would be approved through the Local Economic Stimulus Package. Alternative Action The Council has multiple options with this report. If it chooses to not accept the report in its entirety, all currently implemented programs would cease and no additional community assistance programming would take place at this time. The Council could choose to accept the report, and therefore all of the currently implemented projects as well, and provide direction to staff regarding which new projects to move forward. Background/Analysis The Covid-19 global pandemic has been a health catastrophe causing significant disruption in individual, community and societal norms while devastating the economy. The City of Redding, as the local governmental entity, needs to take bold action in line with the State and Federal Government to not only protect the health and welfare of the individual but also of the economy. The City of Redding City Council will be presented with a number of proposed initiatives and projects to help individuals and businesses through this difficult time. The attached City of Redding Economic Response Plan is a report detailing programming currently implemented, as well as programming that could be implemented to assist the community. These items are varied in cost and source of funding. Currently implementing  Maintain City services  Suspend Return to Owner fees for impounded animals  Suspend late fees and interest on payments due to the City of Redding  Suspend City of Redding utility shut-offs due to non-payment  Suspend City of Redding utility payment late fees  Cap and Trade distribution of $50 to every Redding Electric Utility (REU) account holder Pending approval  Deferral of Transient Occupancy Tax payment from hotel and motel businesses  Modify existing –Community Assistance for Redding Electric Services (CARES) program guidelines to provide opportunity for additional financial assistance to qualifying utility customers  Modify Utilities Amortization program guidelines to extend the amortization period, and extend the program to commercial customers  Refund City of Redding utility deposits to residential and commercial customers  Additional Cap and Trade distribution of $200 to every REU account holder  Utility grant program for small businesses  Local Economic Stimulus Package containing multiple projects that will result in local contract work opportunities and energy savings to the City of Redding Packet Pg. 386 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) Report to Redding City Council April 16, 2020 Re: 9.1(b)--Economic Response Plan Page 3 Council Priority/City Manager Goals  Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”  Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.”  Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”  Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”  Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.” Attachments Resolution - GHG Customer Distribution Resolution - Green House Gas Allotment COR Economic Response Plan 2020 Packet Pg. 387 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) Resolution No. 2020 - ____________ A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 32ND AMENDMENT TO CITY BUDGET RESOLUTION NO. 2019-050 RESCINDING APPROVAL OF ALLOCATION OF CAP AND TRADE FUNDS FOR THE WILDFIRE MITIGATION AND BUILDING ELECTRIFICATION PROGRAMS; APPROVE THE APPROPRIATION OF $9,000,000 OF CAP AND TRADE AUCTION PROCEEDS TO BE DISTRIBUTED TO RATEPAYERS FOR FISCAL YEAR 2019-20. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2019-050 be and is hereby amended as follows: FUND DIVISION DESCRIPTION INCREASE DECREASE 142 854 GHG Customer Distribution $9,000,000 THAT account titles and numbers requiring adjustments by this Resolution are as follows: USE SOURCE OF FUNDS OF FUNDS Decrease in Beginning Balance 142-851-01-0001-01 Beginning Balance $ 1,077,910 Decrease in Cap and Trade Revenues 142-851-01-4400-01 Environmental Attributes $ 2,022,090 Elimination of Building Electrification Project 142-854-8908-98 Building Electrification $ 4,000,000 Elimination of Wildfire Mitigation Project 142-854-8908-99 Wildfire Mitigation $ 1,900,000 Increase in GHG Customer Distribution 142-854-8908-90 GHG Customer Distribution $ 9,000,000 Total $ 9,000,000 $ 9,000,000 THAT the purpose is to rescind approval of allocation of Cap and Trade funds for the Wildfire Mitigation and Building Electrification programs; approve the appropriation of $9,000,000 of Cap and Trade auction proceeds to be distributed to ratepayers for fiscal year 2019-20. I HEREBY CERTIFY that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Redding on the 21st day of April, 2020 and was duly adopted at said meeting by the following vote: Packet Pg. 388 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ADAM McELVAIN, Mayor ATTEST: FORM APPROVAL: PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney Packet Pg. 389 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) Resolution No. 2020 - ____________ A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 33RD AMENDMENT TO CITY BUDGET RESOLUTION NO. 2019-050 APPROVE AND APPROPRIATE ADDITIONAL USE OF $5,000,000 OF GREENHOUSE GAS ALLOTMENT FOR PROJECTS DESIGNED AS PROVIDING ENERGY SAVINGS FOR THE GENERAL FUND FOR FISCAL YEAR 2019-20. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2019-050 be and is hereby amended as follows: FUND DIVISION DESCRIPTION INCREASE DECREASE 142 854 Energy Efficiency Measures $5,000,000 THAT account titles and numbers requiring adjustments by this Resolution are as follows: USE SOURCE OF FUNDS OF FUNDS Decrease in Beginning Balance 142-851-01-0001-01 Beginning Balance $ 5,000,000 Increase in Energy Efficiency Measures 142-854-8908-96 Energy Efficiency Measures $ 5,000,000 Total $ 5,000,000 $ 5,000,000 THAT the purpose is to approve and appropriate additional use of $5,000,000 of Greenhouse Gas allotment allocating money for projects designed as providing energy savings for the General Fund for fiscal year 2019-20. I HEREBY CERTIFY that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Redding on the 21st day of April, 2020 and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ADAM McELVAIN, Mayor ATTEST: FORM APPROVAL: PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney Packet Pg. 390 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) Packet Pg. 391 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) City of Redding Economic Response Plan – April 2020 1 Table of Contents Executive Summary.......................................................................................................................................2 Plan Elements................................................................................................................................................2 Elements currently implemented .............................................................................................................2 Maintain City Services..........................................................................................................................2 Suspend Return to Owner fees............................................................................................................3 Suspend Late Fees and Interest on City Payments .............................................................................3 Suspend Utility Shut-Off ......................................................................................................................4 Suspend Utility Late Fees.....................................................................................................................4 Distribution of $50 to REU Account Holders.......................................................................................4 Pending the City Council’s approval .........................................................................................................4 Deferral of Transient Occupancy Tax...................................................................................................5 Modify Existing CARES Program Guidelines........................................................................................5 Modify Utilities Amortization Program Guidelines.............................................................................5 Refund City of Redding Utilities Deposits............................................................................................6 Additional Cap and Trade Distribution................................................................................................6 Utility Grant Program for Small Businesses ........................................................................................6 Local Economic Stimulus Package........................................................................................................7 Packet Pg. 392 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) City of Redding Economic Response Plan – April 2020 2 Executive Summary The Covid-19 global pandemic is a health catastrophe causing significant disruption in individual, community and societal norms. While the direct human suffering owed to the disease itself is horrific, the damage to the economy due to necessary health precautions is equally devastating. The City of Redding (City), as the local governmental entity, needs to take bold action in line with the State and Federal Government to not only protect the health and welfare of the individual but also that of the local economy. The City of Redding City Council (Council) has directed that a plan be developed to assist the community in economic recovery to coincide with the cessation of the pandemic. This report provides detailed information on the various programs that have been developed to help foster the economy through this economic disaster. Some programs have already been implemented while others still need final approval from the City Council. In brief, the programs are listed below. Currently implement Plan Element Value Suspend Return to Owner fees $200 Suspend late fees and interest on City of Redding payments $60,000 Suspend City of Redding utility shut-offs Increased Cash Flow Suspend City of Redding utility late fees $425,000 Distribution of $50 to REU account holders $2,200,000 Plan Element Pending approval Deferral of Transient Occupancy Tax $250,000 Est. deferred Modify existing CARES program guidelines $1,500,000 Modify existing Utilities amortization program guidelines Increased Cash Flow Refund City of Redding utility deposits $3,400,000 Additional Cap and Trade distribution $9,000,000 Utility grant program for small businesses $600,000 Local Economic Stimulus Package $20,000,000 Total Value of City Response Plan Est @ $37,500,000 Plan Elements Elements currently implemented Maintain City Services City services provided to the community are critical in nature and are unable to cease in functionality. A multitude of projects, already in the works, have to continue processing in spite of the pandemic that has affected the nation. In order to keep projects moving forward, and to Packet Pg. 393 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) City of Redding Economic Response Plan – April 2020 3 continue to serve the community in this critical capacity, City departments implemented immediate changes to comply with State and Federal directives. Personnel able to work from home were provided resources to do so. Meetings of large groups of staff and/or the public were eliminated, and preparations were made to provide access to public meetings without further endangering the community. As a result of the rapid response of staff, City services continue to function for the bulk of the community. In spite of the closure of City Hall and the diminished personnel in the Avtech and Corp Yard buildings, and the Transfer Station, critical City services such as police, fire, electric, solid waste removal, water and wastewater maintenance, and parks services still operate to the benefit of the community. Each position, whether working from home or in the office, is a critical component of maintaining the support of these services. Department directors monitor work product and load to ensure the City continues to function efficiently. The City is providing increased availability of cleaning supplies and sanitizing materials to offices and meeting spaces to maintain worker health. To provide additional relief to residents and business owners, several programming decisions were implemented. Taking into consideration the varied economic status of Redding residents and businesses, the following steps were taken to provide some help financially. Suspend Return to Owner fees Effective March 23, 2020, Haven Humane Society suspended the charging of return to owner fees for animals impounded for running at large. A small portion of the fee is typically returned to the City to recoup costs of providing animal regulation services for the community. The total cost is expected to be less than $200 for the City. This allows Haven to reduce the number of animals left in the shelter while it is being operated at minimum capacity, and it is a benefit for community members who are unable to make the payment at this time. Suspend Late Fees and Interest on City Payments The City has initiated the suspension of late fees and penalties for payments and all General Accounts Receivable for items like hangar rents and imposed fines. This is made possible through individual review of accounts as payments are submitted and the reporting is analyzed. Both systems are housed in the legacy system so adjustments are applied manually to individual accounts. The $35 returned check and returned ACH payment fees have been suspended as well. Returned check and ACH fees are charged on an individual basis, and returned items are reported from the City’s banking system daily. When applicable, the returned item amount with the additional fee are typically charged back to established accounts. The fee will be eliminated from these charge backs. The current plan is to suspend penalties and interest for receivables due in March and April 2020, which would include payments due in April and May. Based on last year’s activities, it is estimated that the loss of revenue to the general fund from the suspensions will be $55,000. The suspension of the returned check and ACH fees is estimated to be $5,000 for the same time period. If extended an additional month through the end of the fiscal year (June 30, 2020), the savings to the community equates to an estimated $60,000 which will result in an equal amount of lost revenue for the City. Packet Pg. 394 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) City of Redding Economic Response Plan – April 2020 4 Suspend Utility Shut-Off Effective March 18, 2020, the City of Redding Utilities Customer Service suspended the practice of utility shut-offs due to non-payment. Each month, under normal circumstances, approximately 220 utility accounts are disconnected after failure to pay for utility service received over the previous 60 days. Typically, 75 percent of these customers pay their past due amount and have their utilities reconnected within two weeks. With the Covid-19 pandemic and the anticipated increase in the number of utility customers having difficulty keeping up with all of their monthly expenses, it was decided that loss of utility service should not contribute to the stress and anxiety already experienced. Once the pandemic has passed, the Customer Services division will work with customers using various tools to bring the accounts into good standing. It is known that this effort will result in a temporary increase in accounts receivable and decreased cash flow for all utilities – resulting in an equal amount of temporary financial relief to residents of the City of Redding. This measure may result in an increase in bad debt expense, however, additional proposed measures, listed later in this report, could assist in reducing bad debt expense. Furthermore, bad debt would be sent to a collection agency with a recovery rate of approximately 30 percent. Suspend Utility Late Fees Like shut-offs, late fees for utility payments have been suspended. Late fees, historically, amount to $1.7 million per year. While late fee collections are not always linear, it is a close approximation that the suspension will save customers in excess of $425,000 due to the high potential that there will be an increase in late payments. Late fees are an administrative penalty, and therefore, are deposited in the General Fund. If it is assumed that there will be no attempt to collect the past-due late fees, the General Fund will miss revenue projections in this category by at least $425,000. Distribution of $50 to REU Account Holders The City Council approved the distribution of excess reserves to be credited to every Redding Electric Utility customer in December 2019 in the amount of $50 per account. The funding source for the distribution is the Greenhouse Gas Allowance Auction Proceeds (also referred to as GHG or Cap and Trade), in an amount equal to about $2.2 million, and will be accomplished via a bill credit. Pending the City Council’s approval The following programming ideas were developed to provide additional options to provide financial relief to residents and businesses. These plan elements vary in how they target a diverse set of community members. Reaching as much of the community as possible is crucial for Redding to solidify its economic foundation. These proposals require the City Council’s approval to proceed. Some of the following items can be implemented immediately, while others will need to be further developed and brought back to the Council for further direction. Packet Pg. 395 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) City of Redding Economic Response Plan – April 2020 5 Deferral of Transient Occupancy Tax Defer payment of TOT from hotel and motel business until August 1, 2020 (payment due August 19, 2020). This deferral would be interest free and full payback would be made by November 1, 2020. The TOT deferral program could provide for much need cash flow for the Hotel and Motel industry by allowing an estimated $250,000 to remain with the business for operating expense. This program would be limited to Hotels/Motels with Business Licenses of 65-40-1 or 65-50-1. Modify Existing CARES Program Guidelines Community Assistance for Redding Electric Services (CARES) provides up to $300 of emergency assistance for the electric portion of bills for City of Redding utility customers. The intent of the CARES program is to help customers who have suffered a temporary financial hardship and to bring their account to a current status. Customers are eligible for CARES assistance once every 12 months. This program is funded out of the Public Benefits charges included in each ratepayers’ bill. Staff recommends applying a $300 CARES credit to all residential customers enrolled in the Residential Energy Discount Program (REU’s low income program). This would provide $1.2 million of immediate utility cost relief to our lowest-income customers with an additional $600,000 of additional relief available to those who may apply due to becoming eligible due to impacts from covid-19. These funds would be replenished with the new budget year beginning on July 1, 2020. Should the Council choose to do this, staff recommends providing the Electric Utility Director authority to repeat this process, should the Stay at Home order continue through the summer, and also suspend the once-per-year limitation for applicants. This would have no impact on the Electric Utility’s financial metrics as defined in Council Policy 1414, as Public Benefit Programs are restricted. Modify Utilities Amortization Program Guidelines The City of Redding Utilities Customer Service provides amortization for residential customer bills that are past due. This allows customers to “catch-up” on their bill for up to 12 months by amortizing the past-due balance. Staff recommends temporarily expanding this to commercial customers and temporarily extending the amortization for a period of up to 24 months, which would essentially provide a zero percent loan to customers that are past-due and having trouble paying their bill. In addition, this would allow commercial customers who receive Small Business Administration Loans to focus on other essential costs. This would have a temporary impact on City of Redding Utilities, as cash would not be received for up to two years. The risk to the utilities would be any eventual non-performance of these loans; non-performance would mean not paying the full amortization over the 24-month period. Therefore, staff recommends establishing an “eligibility criteria” that the customer must have not been disconnected for non￾payment of utilities in the previous year to be automatically approved for the amortization. Customers not eligible for automatic amortization may still request it and approval will be granted on a case by case basis. Should the Council choose to do this, Staff recommends providing the Electric Utility Director administrative authority to modify program elements as necessary. As this could affect water, wastewater, and solid waste utilities, the Public Works Packet Pg. 396 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) City of Redding Economic Response Plan – April 2020 6 Director would collaborate in these decisions. This plan element will potentially provide millions of dollars in available cash flow for residents and businesses. Refund City of Redding Utilities Deposits Staff recommends returning all customer deposits held by Utilities Customer Services. This would return approximately $3.4 million to customers, including approximately $600,000 to commercial customers. The City holds utility deposits on customer accounts that present a higher credit risk to the utilities. By returning deposits, the City is returning monies to customers most in need. This would have no immediate impact on the Electric Utility’s financial metrics as defined in Council Policy 1414 as customer deposits are not included in unrestricted reserves for the purpose of calculating days of cash on hand. The risk to the utilities would be future bad debt accruals of non-payment of utilities by customers who have demonstrated difficulty paying bills. However, this bad debt would be sent to a collection agency with a recovery rate of approximately 30 percent. Should the Council choose to do this, Staff recommends providing the Electric Utility Director authority to modify administrative processes for billing future utility deposits as defined in City Council Policy 1404. The deposit requirement will be reinstated at an unknown time in the future. Additional Cap and Trade Distribution Staff recommends a $200 credit on Electric utility bills to all customers out of Cap and Trade auction proceeds, which is similar to the $50 refund recently approved by Council. This would provide an additional $9 million in rebates to electric utility customers, bringing the total rebate amount, including the Council’s action on March 26, 2020, to approximately $11 million. To fund this program, the Council would need to allocate the balance of current year Cap and Trade revenues and cancel two Council-approved programs that have yet to launch: Wildfire Mitigation and Building Electrification. Wildfire Mitigation has yet to start due to the California Air Resources Board not providing a quantification methodology for reduced greenhouse gasses achieved through fuels reduction, thus the Cap and Trade funds are not available for this purpose. Building Electrification has yet to start due to staffing limitations. This would have no impact on the Electric Utility’s financial metrics as defined in Council Policy 1414 as Cap and Trade revenues are restricted. Utility Grant Program for Small Businesses As an entitlement city for the U.S. Department of Housing and Urban Development (HUD) the City receives an annual allocation of Community Development Block Grant funding which is used for public service and public improvements. Due to the Federal CARES act the City received an additional allocation of $447,450. This funding, combined with unused funding from past projects, for a total of $600,000 provides the City an opportunity to provide funding toward eligible small business utility payments for those in the most need or are unable to receive Federal assistance or grants. If approved, staff will present the program and the amount available as part of the required public hearing to approve the use of the funding. Packet Pg. 397 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) City of Redding Economic Response Plan – April 2020 7 Local Economic Stimulus Package The Local Economic Stimulus Package is composed of multi-departmental projects intended to result in a combination of benefits to the City. In its infancy, this was a mass project designed to create an energy savings with each completed project. The City, however, has multiple deferred maintenance projects that must be completed to maintain the infrastructure stability of its assets. Staff developed the following plan in a response to a need to merge the energy savings needs of the City with its deferred maintenance needs and infuse much needed capital into the local economy. The projects in this package were specifically chosen as critical needs either in the realm of energy savings, which qualifies the project to be paid for through GHG auction proceeds, or for its contribution to eliminating the deferred maintenance needs of the City. A combination of GHG funding, utility reserves, municipal bond, and energy cost savings would be used to fund the package with little or no net budgetary impact to the General Fund. The total value of the economic stimulus package is estimated at approximately $20 million. Approximately $9.5 million of GHG money could be allocated for the completion of the projects that realize an energy savings for the City. The energy savings over time for the General Fund could be used to fund the deferred maintenance needs. Several of the anticipated projects such as the work at various fire stations and lighting upgrades would be started immediately and put out to bid as soon as possible. Other projects, such as the replacement of the heating and air conditioning system at the Civic Auditorium will need to be analyzed further. The intent is to move quickly to infuse available GHG funds and provide economic benefit for the community. The calculated energy savings from the energy savings projects could be used to secure bond funding to accelerate up to another $10 million in local projects including improvements to the Redding Aquatic Center, park facilities, required building maintenance, and other amenities. Staff will return to the City Council with a full project list and borrowing options should the City Council provide direction to do so. Completion of projects totaling up to $20 million is quite a large endeavor. However, the plan would be to bid multiple smaller projects to provide the best opportunity for local contractors to participate in the process, and thereby providing the local economy a direct opportunity to see quick and significant economic benefit in jobs and business activity. According to multipliers provided by the Shasta County Economic Development Corporation, the City of Redding would see a direct benefit equal to 328 jobs and $30 million of economic impact. Packet Pg. 398 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Approve the 2022 Addendum to the Water Transfer Agreement with Anderson Cottonwood Irrigation District (C-5048) for the transfer (purchase) of 3,280 acre-feet of water at a cost of $300 per acre-foot. Fiscal Impact The proposed addendum allows for the transfer (purchase) of an additional 3,280 acre-feet (AF) of water at a price of $300 per AF for a total of $984,000. There are funds available in the Water Utility budget. Alternative Action The City Council (Council) may choose to decline approval of this addendum to the water transfer agreement and/or provide alternative direction to staff. Due to surface water supply restrictions this year, there is the possibility that without this transfer the City of Redding (City) will need to conserve more water and move to a higher stage of its Water Shortage Contingency Plan. Background For the past three winters, the State of California (State) has experienced dry hydrologic conditions. The Bureau of Reclamation (Bureau) has again declared this water year as a “critical year” and reduced surface water allocations for all water contractors including the City’s Sacramento River and Whiskeytown Lake water contracts. In 2011, the City and Anderson Cottonwood Irrigation District (ACID) executed a Purchase and Sale of Water Agreement that allows the City to transfer (purchase) up to 4,000 AF of water from ACID. The terms of the agreement state that the quantity of water available is subject to MEETING DATE: May 17, 2022 ITEM NO. 4.11(f) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4.11(f)--Authorize 2022 Addendum to Water Transfer Agreement with Anderson Cottonwood Irrigation District Ryan Bailey, Assistant Director of Public Works Packet Pg. 399 Report to Redding City Council May 8, 2022 Re: 4.11(f)--Addendum to Water Transfer Agreement for 2022 Page 2 critical year reductions by the Bureau. The quantity available this year is 18 percent of overall contract supply which equates to 720 AF at a cost of $140.30 per AF. Because ACID is not operating its canal this year, it has agreed to sell an additional quantity of 3,280 AF at the current market rate of $300 per AF to the City. Since the price per AF is higher than the original agreement, staff is asking for the Council’s approval of this addendum. As of May 1, 2022, the City is in Stage 2 – Moderate Water Shortage Condition of the City’s Water Shortage Contingency Plan. The addendum has been approved as to form by the City Attorney. Council Priorities/City Manager Goals • Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today. • Communication and Transparency – “Improve the quality and quantity of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.” Attachments Addendum to Agreement (C-5048) Purchase and Sale of Water Agreement (C-5048) Packet Pg. 400 Packet Pg. 401 Attachment: Addendum to Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) Packet Pg. 402 Attachment: Addendum to Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) Packet Pg. 403 Attachment: Addendum to Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) Packet Pg. 404 Attachment: Purchase and Sale of Water Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) Packet Pg. 405 Attachment: Purchase and Sale of Water Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) Packet Pg. 406 Attachment: Purchase and Sale of Water Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) Packet Pg. 407 Attachment: Purchase and Sale of Water Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) Packet Pg. 408 Attachment: Purchase and Sale of Water Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) Packet Pg. 409 Attachment: Purchase and Sale of Water Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Accept Bid Schedule No. 5161 (Job No. 2648), Stillwater Wastewater Treatment Plant Odor Control and Minor Modifications Project, awarded to RTA Construction, Inc., as satisfactorily complete, with a final cost of $2,012,220.48. Fiscal Impact The project was funded by Wastewater Utility funds. The total project cost, including surveying, design, bidding, construction, field engineering, inspection, and contract administration, is $2,012,220.48. Alternative Action The City Council (Council) may choose to not accept the project as satisfactorily complete, and advise staff on how to proceed. Background RTA Construction, Inc. has completed all items of work on the Stillwater Wastewater Treatment Plant Odor Control and Minor Modifications Project as of February 4, 2022, which was within the contract time frame. The project warranty period expires one year from the completion date of February 4, 2022, and the Public Works Department subsequently filed the notice of completion with the County of Shasta. At its September 15, 2020, meeting, the Council awarded a construction contract to RTA Construction, Inc. of Redding, California, for $1,549,500 and approved a $155,000 construction contingency fund. Also authorized was $150,000 for contract administration and construction inspection fees and $180,000 for project development costs, and the City Manager was authorized to approve additional increases in either the construction management or construction MEETING DATE: May 17, 2022 ITEM NO. 4.11(g) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4.11(g)--Project Acceptance, Bid Schedule 5161, Job No. 2648, Stillwater Wastewater Treatment Plant Odor Control and Minor Modifications Project Chuck Aukland, Public Works Director Packet Pg. 410 Report to Redding City Council May 9, 2022 Re: 4.11(g)--Project Acceptance BS 5161 SWWTP Odor Control and Minor ModificationsPage 2 contingency amounts up to a total of $20,000, for a total authorized amount of $2,054,500. Project development costs include engineering, environmental, and consultant services. During construction, changed work conditions required funds to be reallocated from contract administration and inspection fees to the construction contingency in the amount of $11,720.48 to the cover approved change orders. There were eight change orders in the amount of $166,720.48. The final project cost was $2,012,220.48. This project included minor modifications at the Stillwater Wastewater Treatment Plant to replace several pieces of equipment and facilities that have exceeded their service life, including replacement of the odor control system for the solids handling building, replacement of two weir gates in an aeration basin, replacement of five gas regulators and associated gas piping, and replacement of the toxic gas scrubber at the chlorine building. Cost Summary Awarded Amounts Actual Cost Project Development Costs $180,000 $180,000 Construction Contract + Contingency $1,704,500 Construction Contract + Contract Change Orders $1,716,220.48 Contract Administration & Inspection $150,000 $116,000 Additional City Manager Authority $20,000 $0 Total $2,054,500.00 $2,012,220.48 Council Priority/City Manager Goals • This agenda item is a routine operational item. c: Josh Anthony, Construction Manager Rebecca Kraft, Assistant Engineer Attachments ^Location Map Packet Pg. 411 Packet Pg. 412 Attachment: ^Location Map (4.11(g)--Project Acceptance BS 5161 SWWTP Odor Control and Minor Modifications) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Authorize the following actions: (1) Authorize staff to negotiate the transfer of a 30-foot-wide utility easement for the proposed relocation of a Pacific Gas and Electric overhead electric line across a City of Redding-owned parcel at 2900 Manzanoaks Drive (Assessor’s Parcel Number 074-250- 041); (2) Find that the transfer of the utility easement is categorically exempt from environmental review under the California Environmental Quality Act pursuant to Section 15061 of Title 14 of the California Code of Regulations (“Common Sense Exemption”); and (3) Authorize the Mayor to execute all legal documents necessary to complete the transfer and grant the easement. Fiscal Impact There will be a benefit to the Redding Electric Utility equal to the amount for which the easement is valued minus any administrative costs associated with the transfer. Per the attached opinion of value, the easement is valued at $1.45 per square foot for a total of $12,960.10. Alternative Action The City Council may decline to authorize the transfer of the easement. This would require the developer to find a less suitable alternative location. Background/Analysis The development of Seven Bridges Subdivision Phase 2 (S-3-09, PD-1-09, RZ-2-09) on Oasis Road requires the relocation of existing Pacific Gas and Electric overhead electric lines which currently traverse the subdivision and the adjacent City owned parcel at 2900 Manzanoaks Drive. MEETING DATE: May 17, 2022 ITEM NO. 4.11(i) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 4.11(i)--Authorize Sale of an Utility Easement at 2900 Manzanoak Drive Ryan Bailey, Assistant Director of Public Works Packet Pg. 413 Report to Redding City Council May 12, 2022 Re: 4.11(i)--Authorize Sale of an Easement at 2900 Manzanoak Drive Page 2 Development conditions of the Seven Bridges Subdivision require the subterranean placement of the lines within the right-of-way of Oasis Road. A 30-foot-wide easement is required across the City-owned parcel to allow the connection of the relocated lines to the existing overhead electric line. The parcel has been reserved as a future site for a substation for Redding Electric Utility, and as such, REU would benefit from the funds received in connection with the transfer. Staff has determined that the proposed electric line location and easement will not interfere with plans for a future electric substation on the parcel. Staff will negotiate the sale of easement based upon current market valuations. A broker’s opinion of value was conducted, and it is estimated that the easement is valued at $1.45 per square foot for a total of $12,960.10. Due to the timeliness of a subsequent transaction involving this subdivision, staff seeks approval to negotiate the easement, at fair market value, and authorization for the Mayor to execute agreements as necessary to facilitate the transfer of the easement. The California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment. The transfer of the utility easement qualifies as Categorically Exempt from environmental review under CEQA Guidelines Section 15601(3). The transfer has no potential to have a significant impact on the environment. Council Priority/City Manager Goals • This agenda item is a routine operational item. Attachments ^Location Map ^Easement Legal Description and Exhibit ^Opinion of Value Packet Pg. 414 Packet Pg. 415 Attachment: ^Location Map (4.11(i)--Authorize Sale of an Easement at 2900 Manzanoak Drive) Packet Pg. 416 Attachment: ^Easement Legal Description and Exhibit (4.11(i)--Authorize Sale of an Easement at 2900 Manzanoak Drive) Packet Pg. 417 Attachment: ^Easement Legal Description and Exhibit (4.11(i)--Authorize Sale of an Easement at 2900 Manzanoak Drive) Packet Pg. 418 Attachment: ^Opinion of Value (4.11(i)--Authorize Sale of an Easement at 2900 Manzanoak Drive) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Approve Goodwater Crossing as a short-term, temporary Emergency Housing Site (EHS) of no more than 12 sleeping cabins at 2500 Shasta View Drive (Assessor Parcel No. 109-220-024) for a one-year term; and authorize the City Manager to make minor modifications to the Operations and Services Manual and Site Plan to facilitate the final Goodwater Crossing EHS approval process and to set the one-year term start date. Fiscal Impact Housing Division staff will assist with coordinating and monitoring the Goodwater Crossing EHS which is included in the Housing Division’s budget. Other departmental staff time by Development Services, Fire, and Public Works are provided as part of the no-fee permit services and are included in their corresponding budgets. Alternative Action The City Council (Council) could choose to modify the Goodwater Crossing EHS proposal and provide direction to staff. Alternatively, the Council could choose not to approve Goodwater Crossing EHS and staff would continue to work with other community partners to facilitate an EHS in another location. Background/Analysis In June 2021, the Council adopted a resolution that declared the City of Redding (City) has a shelter crisis and subsequently approved Ordinances 2637 and 2638 and the associated Administrative Guidelines which collectively set forth the requirements and process for the City to review and authorize, through a permit approved by the Council, the establishment and operation of EHSs. MEETING DATE: May 17, 2022 ITEM NO. 9.2(a) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 9.2(a)--Consider approval of the Goodwater Crossing Emergency Housing Site. Steve Bade, Deputy City Manager Packet Pg. 419 Report to Redding City Council May 10, 2022 Re: 9.2(a)--Goodwater Crossing Emergency Housing Site Page 2 An EHS provides short-term, emergency, and temporary housing to not more than 30 individuals using Emergency Sleeping Cabins as defined in Appendix O of the California Building Code. Each EHS must adhere to the Administrative Guidelines and develop and post Good Neighbor Policies addressing the EHS premises and the immediate surrounding neighborhood. These policies must clearly show provisions for how the EHS actively discourages and addresses excessive noise or loitering from EHS participants and others who may be near the site. Where applicable, the EHS must demonstrate coordination with other service providers and community partners to address the above issues and the impacts of each. To comply with these requirements, each EHS must submit an operations plan that conforms to the Administrative Guidelines to the City Manager’s Office for initial review and approval as part of the permit issuance process. In December 2021, the Congregation Council of St. James Evangelical Lutheran Church (St. James) in America submitted to the City a statement of intention to pursue the development, installation, and management of a micro shelter community on church property, specifically for Goodwater Crossing EHS. This effort is in cooperation with local community partners including the "Micro Shelter Community" group led by Laural Park. They anticipate that their location will contain up to twelve temporary sleeping cabins and the associated supplemental structures. Pursuant to the Administrative Guidelines, written notifications must be sent to all property owners with a 600-foot radius of the EHS. The St. James group sent the notification in January and held informational meetings in January and February 2022 for the neighbors and community. In addition, in February, they shared a newsletter with the surrounding neighbors. In February 2022, St. James submitted their Goodwater Crossing Micro-Shelter Communities Operations and Services Manual (Manual) to the City Manager’s Office for review and approval. Pursuant to the City’s Administrative Guidelines for EHSs, the Manual contains the required health and safety provisions, EHS site standards, operations/administrative guidelines, program criteria, and the facility requirements that include: admission requirements; security; participant responsibilities and rights; and programmatic parameters, such as hours of operation, curfew, good neighbor policies, and facility standards. On April 5, 2022, the City Manager’s Office initially approved the Manual conditioned upon the Council’s approval. Ordinance 2637 states that an EHS must be situated more than 500 feet from a child care center, school, formal park, or museum and shall be situated not less than one-half mile from any other EHS. Considering these criteria, the Goodwater Crossing EHS is a qualifying location. As proposed, the Goodwater Crossing EHS will be located on the south west portion of the St. James’s Church property with site plan amenities that include: 1. Initially, four emergency sleeping cabins that consists of three single-occupancy units and one double-occupancy unit. The sleeping cabins will be constructed by the California Heritage YouthBuild Academy (CHYBA) and have been approved by the Building Official. 2. Common site items that include: compacted all-weather gravel road; four-foot wide accessible path of traveling; pedestrian lighting; common gathering area; portable restrooms and bathrooms; outdoor storage units; fencing; and site screening improvements. Packet Pg. 420 Report to Redding City Council May 10, 2022 Re: 9.2(a)--Goodwater Crossing Emergency Housing Site Page 3 The noted site plan amenities are consistent with the Guidelines and Ordinances. City staff from the Building and Planning Divisions, Fire Department and Public Works Department are in the process of completing final comments to the site plan and preparing them for the City Manager’s approval. If the Goodwater Crossing EHS is approved by the City Council, site improvements will start in May 2022 with the intent to begin operating the Goodwater Crossing EHS in summer 2022. Pursuant to Ordinance 2637, the term of any EHS is limited to one year and may be renewed by notifying the City Manager 90-days before the end of the one-year term. The one-year term will be based on the first day of operation as deemed by the City Manager. The Goodwater Crossing EHS will be operated by a program manager, local service providers, and volunteers. Operational services include: an on-site coordinator that will be on-site or on-call 24 hours a day, seven days a week; referral services; housing case management; workshop and learning opportunities; and health and wellness. Operational and capital costs for the Goodwater Crossing EHS are estimated to be $338,000 which are projected to be funded by grants and donations. Participants of the Goodwater Crossing EHS are subject to rules, rights, responsibilities, Good Neighbor Policies, and ultimately will sign a Resident Community Agreement. The goal is to provide participants a safe place to address the issues that led to their homelessness. Each participant is limited to a maximum stay of 10 months. The crisis of unsheltered homelessness in Redding is one that impacts the entire community, both those experiencing homelessness and the broader community of housed residents, businesses, and neighborhoods. Goodwater Crossing EHS is an opportunity to assist the unsheltered by providing a safe place to live so they may build stability and self-sufficiency while bridging from an unsheltered lifestyle to permanent housing. Council Priority/City Manager Goals • Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.” • Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Attachments Final -Guidelines - Emergency Housing Sites (002) Ordinance No. 2637 Ordinance No. 2638 2022-04-04 Goodwater Crossing Ops Manual with appendices Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 Packet Pg. 421 City of Redding Administrative Guidelines: Emergency Housing Sites Packet Pg. 422 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 2 TABLE OF CONTENTS INTRODUCTION .................................................................................................................................................. 4 GENERAL............................................................................................................................................................... 5 EMERGENCY HOUSING SITE STANDARDS................................................................................................. 6 OPERATIONS/ADMINISTRATIVE................................................................................................................... 7 Admission........................................................................................................................................................ 7 Denial of Admission........................................................................................................................................ 7 Participant Emergency Information................................................................................................................. 7 Intake ............................................................................................................................................................... 8 Database Management System........................................................................................................................ 8 Security............................................................................................................................................................ 8 Participation in Religious Activities................................................................................................................ 8 Participant Responsibilities ............................................................................................................................. 8 Participant Rights............................................................................................................................................. 9 Confidentiality ................................................................................................................................................. 9 Non-Discrimination/Reasonable Accommodations......................................................................................... 9 Transgender Access......................................................................................................................................... 9 Participants’ Mail............................................................................................................................................. 9 Storage of Belongings.................................................................................................................................... 10 Medication..................................................................................................................................................... 10 Universal Precautions.................................................................................................................................... 10 First Aid......................................................................................................................................................... 10 Weapons ........................................................................................................................................................ 11 Smoking......................................................................................................................................................... 11 Accessibility .................................................................................................................................................. 11 Emergency Response..................................................................................................................................... 11 Infectious Disease.......................................................................................................................................... 11 Abuse Reporting ............................................................................................................................................ 12 Drug and Alcohol Use/Possession................................................................................................................. 12 Search of Possessions.................................................................................................................................... 12 Storage of Belongings After Discharge......................................................................................................... 13 Discharge Reasons......................................................................................................................................... 13 Discharge Requirements................................................................................................................................ 13 Grievance Process.......................................................................................................................................... 14 PROGRAM .......................................................................................................................................................... 15 Hours ............................................................................................................................................................. 15 Curfew ........................................................................................................................................................... 15 Packet Pg. 423 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 3 Input............................................................................................................................................................... 15 Animal Care................................................................................................................................................... 15 Staff Requirements ........................................................................................................................................ 16 Food Storage/Service..................................................................................................................................... 16 Support Services............................................................................................................................................ 17 FACILITY............................................................................................................................................................. 19 Basic Building Standards and Fire Safety ..................................................................................................... 19 Safety Standards............................................................................................................................................ 19 Amenities....................................................................................................................................................... 19 Drinking Water.............................................................................................................................................. 19 Outlet Access................................................................................................................................................. 19 Cleanliness..................................................................................................................................................... 20 Pest Control ................................................................................................................................................... 20 Maintenance/Repair....................................................................................................................................... 20 Phone Access................................................................................................................................................. 20 Hazardous Materials...................................................................................................................................... 20 Entrance/Exits................................................................................................................................................ 20 Agency Vehicle ............................................................................................................................................. 21 Packet Pg. 424 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 4 INTRODUCTION The City of Redding Administrative Guidelines for Emergency Housing Sites (hereafter “EHS”) are intended to help guide the delivery of EHS services and the development of the operations plan as required by the City of Redding Ordinance. Packet Pg. 425 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 5 GENERAL 1. The health and safety of participants, volunteers and staff should be safeguarded within each EHS. 2. Each EHS shall create equal opportunities for all persons needing emergency housing services by prohibiting discrimination due to religious affiliation, race, color, national origin, ancestry, political or religious beliefs, language, disability, family composition, gender identity and/or sexual orientation. 3. The EHS will provide an atmosphere of dignity and respect for all EHS participants. 4. Participants must participate toward increasing levels of self-reliance and self- determination. EHS staff will work with participants to assist them in achieving their goals. 5. EHS staff often have access to detailed and highly sensitive personal information about participants. Protecting the privacy and confidentiality of EHS participants and their personal information is required. 6. People who are experiencing homelessness may use substances to varying degrees. Everyone is entitled to EHS’s services whether or not they are a substance user. As a result, these standards require that admission, discharge and service restriction policies must not be based on substance use alone, unless otherwise specifically provided for in these guidelines. 7. In order to provide effective EHS programs and services, EHS participants must be offered opportunities to provide input and feedback in service provision and program planning for the program in which they participate. 8. EHS exits to stable housing through supportive services will occur within 10 months. Barriers to engagement will be considered to help assist those to find stable housing with supportive services, if possible. 9. Equal opportunity and standardized procedures will be utilized when determining eligibility, admissions, sanctions and dismissals, and resolving grievances. 10. All program participants are entitled to enjoy the maximum amount of privacy within the constrictions of the EHS environment. 11. EHS are part of a larger network of homeless services and agencies. Collaboration within this network is important to ensure effective and coordinated services. 12. All participants will be briefed and must sign an agreement to uphold the rules and guidelines for the Emergency Housing Site community. Criteria for unacceptable behavior on-site includes but is not limited to; persistent disruptive behavior, theft, use of alcohol, illegal drugs and paraphernalia or violence to yourself or others. Packet Pg. 426 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 6 EMERGENCY HOUSING SITE STANDARDS Minimal requirements for entry are placed on EHS participants. The EHS’s primary role is to provide basic life sustaining services in a manner that fosters a safe and affirming atmosphere for all program participants. Participants of local EHS may come from a variety of backgrounds and each has different needs for services. This could include, but is not limited to, those with pets, large amounts of personal belongings, identifying as part of a multi-member household or self-identify as LGBTQ, or non-binary. For the purposes of these Guidelines, an Emergency Housing Site is a site which provides short-term, emergency-temporary housing to not more than 30 individuals using Emergency Sleeping Cabins (as defined in Appendix O of the California Building Code) and are duly approved by the City Council. Packet Pg. 427 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 7 OPERATIONS/ADMINISTRATIVE EHS must develop and post Good Neighbor Policies addressing the EHS premises and the immediate surrounding neighborhood. These policies must clearly show provisions for how the EHS actively discourages and addresses excessive noise or loitering from EHS participants and others who may be near the site. Where applicable, the EHS must demonstrate coordination with other service providers and community partners to address the above issues and their impacts. The Good Neighbor Policies will be submitted to the City for review and approval as part of the permit issuance process. EHS must provide written notification to all property owners within a 600 foot radius of the proposed site. Admission All EHS must have clearly written and consistently implemented referral standards, admission policies, and hours for new participant admission. All EHS must accept new participant admissions (when EHS is open, and beds are available) Monday through Friday for at least a four-hour period daily. When feasible, admissions should be accepted on weekends. Regular hours for participant intake and discharge must be posted at all entry points. Denial of Admission Denial of admission to the facility can be based on the following and is at the discretion of the EHS: • Applicant does not meet the basic eligibility criteria for EHS admission (e.g. gender, age, homeless status, domestic violence victim, etc.). EHS with beds designated by funding sources as having additional restrictions (e.g. VA beds that require advance approval by the VA) may deny entry to those not meeting funding agency requirements. • A restraining order that prohibits admission to the facility. • Documented violent or threatening behavior • Conduct from prior stay at the EHS which puts the health and safety of staff or participants at risk (e.g. violence, weapons violations, disclosing confidential information of EHS or participants, and egregious damage to property). If an applicant is denied entrance based on a prior stay, the applicant must be informed of the reason, conditions for lifting the restriction and the right to appeal, including name of contact regarding an appeal and information about the appeal process. • The applicant requires care and supervision to manage the activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, walking and transferring) without the appropriate support available on-site. Participant Emergency Information EHS staff must collect emergency contact information and information about health needs upon admission that may impact an emergency response. Such information should be kept in a place accessible to on-duty staff in the event of an emergency. Packet Pg. 428 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 8 Intake Upon admission, participants must be provided with copies of the following documentation: • Participant rights and responsibilities • Program rules • Storage policy, including storage after discharge • Medication storage policy • Grievance Procedure • Listing of available resources to help occupant exit to stable housing Database Management System Upon 48 hours of entry into the program, data on all participants will be entered in the Homeless Management and Information System (HMIS), pursuant to the data standards required. Participant files will be maintained in accordance with the requirements of (HMIS) operated by the NorCal Continuum of Care (NorCal COC). For complete information on HMIS Data Standards, contact the NorCal COC at 1450 Court Street, Suite 108, Redding, CA 96001, (530)225-5160. Security Security measures shall be identified to safeguard the participants, operators, staff and the surrounding community. These measures may include security personnel, lighting, common area video cameras, line of sight, and other elements, as necessary, to maintain a safe facility. Participation in Religious Activities EHS cannot require participation in religious activities as a condition of receiving emergency housing or services. Religious activities include moments of prayer, the saying of grace before meals, or spiritual studies. While these activities are not prohibited, participation in such activities may not be required. Participant Responsibilities Participants are required to participate in the operations and management of their site. Participant Responsibilities must be provided to each participant in writing and signed by the participant upon admission and posted in the facility in a highly visible location. Participant Responsibilities must include: • A clear description of all program rules and potential consequences for violations of these rules. • A “Participant Agreement” policy which outlines expected behavior in order not to interfere with the rights of other participants. • Expectations regarding efforts being made to exit the EHS into stable housing as quickly as possible. Packet Pg. 429 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 9 Participant Rights Participant Rights must be provided in writing and posted in the facility in high visibility areas. All program requirements must be consistent with these standards. Rights must include: • Participants have the right to be treated with dignity and respect; • Participants have the right to privacy within the constrictions of the EHS environment; • Participants have the right to be treated with cultural sensitivity; • Participants have the right to self-determination in identifying and setting goals; • Services should be provided to participants only in the context of a professional relationship based on valid, informed consent; • Participants should be clearly informed, in understandable language, about the purpose of the services being delivered, including participants who are not literate and/or have limited￾English proficiency; • Participants have the right to confidentiality and have information about when confidential information will be disclosed, to whom and for what purpose, as well as the right to deny disclosure, unless disclosure is required by law; • Participants have the right to reasonable access to records concerning their involvement in the program. Confidentiality All EHS must have confidentiality policies which, at minimum, are consistent with Homeless Management Information System (HMIS) privacy and security requirements, make certain that files are kept in a secure or locked location, and ensure that verbal communication of confidential information is done in such a way that avoids unintended disclosure. Non-Discrimination/Reasonable Accommodations All EHS must have policies on non-discrimination and reasonable accommodation and make reasonable modifications in programs, activities and services when necessary to ensure equal access to individuals with disabilities, unless fundamental alteration in the nature of the program would result from the accommodation. Transgender Access All EHS must comply with the HUD Rule on Appropriate Placement for Transgender Persons in Single-Sex Emergency Housing Sites and Other Facilities. See link: Transgender Placements. Participants’ Mail If an EHS provides mail service, any mail sent or received cannot be interfered with (e.g. staff opening participants’ mail, not providing mail to the Participant as soon as practical, etc.). Packet Pg. 430 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 10 Storage of Belongings All EHS must have a written policy that is provided upon intake as to what provision is made for securing belongings including what possessions can be held by the program at Participant request such as money, medications, and vital documents. If an EHS holds funds or possessions on behalf of participants, this service must be voluntary, the program must maintain a log of items in their possession, and the funds or possessions must be returned within operational hours upon the Participant’s request. Each EHS decides how specifically to make their log, with consideration to their liability. It is expected that the log would track only those belongings that participants choose to store with the program and not all possessions brought into the EHS. This does not apply to belongings abandoned by a person who does not return to the EHS; in that situation, please refer to Storage of Belongings After Discharge. In order to maintain a community free of clutter, each participant is responsible for maintaining a tidy unit. EHS must provide lockable lockers, storage trunks or make other accommodations which allow participantsto securely store their belongings. Reasonable access by the participantsto their belongings must be provided. Waivers of the requirement that storage space be lockable can be requested if the physical layout of the EHS or other barrier does not allow for lockable space. Medication EHS may not administer or dispense medication and may not require participants to turn over medication, unless administered by a licensed staff person as part of an on-site supportive program in which an EHS participant is dually enrolled. If an EHS has provisions for securing prescription medications it must have a written policy that is provided to an occupant upon intake detailing the EHS’s and the occupant’s responsibility to store, secure and use said medication safely. EHS may encourage participants to lock medications in secure storage areas if made available in order to protect medication from theft but may not require participants to turn over medication. Universal Precautions Staff must comply with universal precautions, proper sharps disposal and have a written policy in place governing protocols related to universal precautions. First Aid Basic first aid supplies must be available on-site and accessible to staff at all times. Packet Pg. 431 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 11 Weapons All EHS must have a weapons prohibition policy. Weapons include, but are not limited to, firearms, pepper spray, mace, knives, bats and clubs. EHS should use discretion when determining which types of knives should be prohibited. EHS may, but are not required to, have a mechanism for checking and storing weapons upon entry. Smoking EHS shall prohibit smoking indoors and reasonable efforts must be made to prevent smoke from entering buildings. No smoking should be allowed within 20 feet of EHS facilities unless this is infeasible due to layout of grounds. EHS are required to follow any local ordinances regarding smoking in public areas. Accessibility EHS and associated facilities must conform to all pertinent requirements of the Americans with Disabilities Act (ADA). See https://www.ada.gov/pcatoolkit/chap7Shelterchk.htm. Beds designated as accessible must comply with federal height and distance standards requiring a minimum of 36 inches between sleeping units and a sleeping surface height between 17-19 inches above the finished floor. Beds designated as accessible must be prioritized for participants with disabilities. EHS are encouraged to provide as many ADA accessible beds as possible, but it is not required or expected that all beds meet these requirements. Program documentation must be provided in forms accessible to hearing-impaired and sight￾impaired individuals, upon request. EHS that provide transportation for participants must also make provisions for participants who need vehicles that are wheelchair accessible. Emergency Response All EHS must have an emergency response plan in place. Infectious Disease EHS are a valuable partner in public health and, as such, are responsible to report any suspicious of infectious disease within the EHS or when suspected or detected among any EHS participants or staff. An infectious disease which significantly increases the risk or harm to other EHS participants or staff may be a reason for denial or discharge. Participants with lice or scabies or exhibiting symptoms of Tuberculosis (TB) shall be allowed to stay in the EHS unless the disease or infestation cannot be appropriately contained (e.g. due to close quarters of facility), in which case those participants may be discharged and referred to a health care provider for treatment. Packet Pg. 432 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 12 Abuse Reporting All EHS must have a policy that details any legal duties to report elder, dependent adult, child or animal abuse and a written plan and process for reporting such abuse to the appropriate reporting agency. Drug and Alcohol Use/Possession EHS must have a policy prohibiting the possession, use, or distribution of alcohol or illegal drugs on the premises. If alcohol or drugs are found, participants should be given the opportunity to dispose of the prohibited substance or leave the EHS for that night if they do not wish to dispose of the prohibited substance. A single violation of this policy cannot be a reason for discharge unless the violation compromises the health or safety of other participants or staff. Multiple violations of this policy may be used for grounds for discharge. Admission, discharge, and service restriction policies must not be based on substance use or possession alone unless as noted above for multiple violations. Drug testing of participants is prohibited unless the testing is part of an agreed upon treatment plan with the participant. Submission to drug testing cannot be a requirement for residency and refusal to participate in drug testing cannot be the basis for involuntary discharge. Being under the influence on-site may not be the basis for discharge. Noncompliance with treatment or containment measures that endangers other participants may be cause for discharge. EHS must comply with California Code of Regulations, Title 8, Section 5199, regarding Aerosol Transmissible Diseases (ATD) control and worker and client safety expectations: http://www.dir.ca.gov/title8/5199.HTML. For additional guidance on this regulation and for information regarding best practices for control of infectious disease, please also refer to “Preventing Tuberculosis (TB) in Homeless Shelters” published by the Los Angeles County Department of Public Health: http://publichealth.lacounty.gov/tb/docs/LATBGuidelinesforShelters.pdf Search of Possessions All EHS must have a policy and procedures in place governing how and when searches of participants’ private possessions may be conducted. Searches may only be conducted when there is “probable cause” to believe that the person has in his or her possession something which may jeopardize the safety of other participants or staff, including a weapon, or illegal material, including illegal drugs, or something which is interfering with the peaceful enjoyment of the facility of other participants such as food that is attracting vermin. If the person does not consent to the search, and “probable cause” exists to search, the person may be given the choice of being discharged or being searched. Packet Pg. 433 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 13 Storage of Belongings After Discharge EHS must have a written policy for the storage of belongings after a participant exits, which must include, at a minimum, storage of belongings for at least five (5) working days after participants’ exit and a clear process for discharged participantsto reclaim their possessions. A copy of the policy must be provided to all participants at intake. Discharge Reasons The following reasons may be used as a basis for discharge from an Emergency Housing Site, and must occur on Emergency Housing Site premises: • Possession of a weapon at the EHS • Assault or other violent behavior. • Theft. • Destruction of property. • Restraining order precludes continued residence. • Participant behavior endangers health or safety of participants or staff. • Presence of infectious disease that significantly increases the risk of harm to other participants or staff. • Multiple violations of the Drug and Alcohol Use/Possession policy. • Individual requires care and supervision to manage their activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, walking and transferring) without appropriate supports available on- site. Individuals discharged due to care and supervision needs cannot be discharged to the streets. • Refusal of personal property search when probable cause exists. Participants may be discharged for refusing multiple housing opportunities; however, evidence must be present that EHS staff actively attempted to engage the participant in services designed to support EHS exit to stable housing with consideration given to each participant's barriers to engagement. EHS are not required to hold beds for longer than 72 hours. If a participant is absent from their bed for 72 hours without appropriate notification to EHS staff regarding absence, the participant may be discharged. Discharge Requirements All EHS must provide a written copy of the procedure for filing a grievance to the participant when a participant is involuntary discharged. If it is not feasible to provide the procedure at the time of discharge (e.g. the participant is being removed by law enforcement) this requirement may be waived; however, if the participant subsequently returns to the facility, the grievance procedure must be provided. A participant may be denied future admission as a result of the circumstances of discharge. The participant must be informed of the reason, the conditions for lifting the restriction and the right Packet Pg. 434 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 14 to appeal, including whom to contact regarding an appeal and information about the appeal process. Unless the participant poses an immediate threat to the health and safety of other participants and/or staff members, EHS should avoid discharging participants at night and must be approved by a supervisor if doing so. During hours that there is no supervisor on site, there must be a supervisor available “on-call” to approve discharge decisions. Approval may be given verbally but should be documented in case notes. Grievance Process All EHS must have a written appeal and complaint policy/protocol that is provided to each participant upon intake and is publicly posted in a location with high visibility to participants. At a minimum, the protocol must include: • The opportunity for participants to present their case before a neutral decision-maker (a supervisor or manager who was not directly involved in the incident or situation of the grievance) • Accommodation of third-party advocates in the appeal process. Reasonable efforts must be made to coordinate with a participant’s advocate in order to schedule the appeal. • A requirement that participants be given a written response to their appeal within a reasonable time frame. • A provision that when a participant files an appeal related to his/her ability to stay in the EHS the occupant may stay in the EHS until the appeal process is completed unless allowing the participant continued residence poses a risk to the health and safety of other participants and/or staff. • An appeals procedure that allows participants to appeal, at a minimum, decisions related to admissions denials for cause, terminations and disciplinary actions. • Provisions for providing participants with information about any subsequent appeals process available through program policies or any funding agency or their respective regulations. Packet Pg. 435 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 15 PROGRAM Hours All EHS must post hours of operation in highly visible locations and at all entrances. If the EHS is open 24/7, participants must be allowed access to their possessions and to the facility common space at all times. If access to sleeping areas is not available during the day, accommodations should be made to allow access for those participants working irregular hours, those who are ill, etc. Specific accommodations will be defined in the Operations Plan. All EHS must provide facilities available to participants for sleeping for a minimum of eight (8) hours. The EHS manager shall enforce quiet hours. Curfew This policy will be consistently enforced. Missing a curfew cannot be a reason for denial of entry or discharge unless the late arrival compromises the health or safety of other participants or staff, or if the participant’s late arrival repeatedly interferes with the rights of other participants to peaceful enjoyment of the facility. Input Programs shall provide participants with on-going opportunities to provide feedback and make suggestions regarding programming and rules. This can be accomplished in a variety of ways including exit interviews, surveys, one-on-one interviews, participant focus groups, inclusion of homeless or formerly homeless members on the agency board of directors or subcommittee, having homeless or formerly homeless people trained and hired as staff, and/or the creation of a Participants’ Advisory Council. In addition to any other activities, EHS must host “participant optional” meetings once per month and provide at least 24 hours advance notice to participants of the meeting time and location. Animal Care Pet owners shall assume the responsibilities for caring for their animals. Water will be available. Additional provisions may be provided at the site. Some sites may be unsuitable for pets. Pet owners are also responsible for administering all regular medications to their animals, apart from vaccinations. The EHS reserves the right to refuse admittance to animals that appear too aggressive for the EHS to handle. Regardless of initial presenting temperament, enforcement of EHS rules to reduce the risk of bites and other injuries must be observed and include: • All animals should be handled only by their respective owners or trained staff members; • All animals on EHS property should be leashed or confined (kenneled/carrier) at all times; • Participants should not handle or touch pets other than their own; and • All incidents involving aggressive animals are documented in writing prior to removal of the pet from the site. Packet Pg. 436 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 16 Staff Requirements EHS must have sufficient staff on duty at all times. EHS must make provisions to have on-call staff available. EHS must have a supervisor/manager available on call to the program at all times for consultation to staff about challenging participant situations and other urgent matters. All EHS should have a consultation policy in place that outlines situations requiring consultation up the chain of command. Food Storage/Service Sanitary facilities All EHS that either prepare and serve meals or provide areas for participantsto prepare and consume their own meals must ensure that all areas used for food storage and preparation are sanitary. Kitchen and dining areas must be kept clean and comply with all relevant health codes. Donated Food Programs that serve food prepared off site by regular donors must provide donors with a handout that details the requirements for food preparation. All food donors must read and sign the handout to confirm knowledge of the standards and must provide current contact information. Programs are discouraged from accepting food that has been prepared off-site by intermittent donors. Meal schedule If meals are served, a meal schedule must be posted. Dietary modifications If meals are served or food is provided for participants to use to prepare their own meals, EHS must make dietary modifications and/or provide appropriate food options based on participants’ health, religious, and/or cultural practices. As feasible, food provided should promote healthy eating. Dining facilities EHS must provide a table and chairs if food is served. Food allergies Any snacks and meals provided should be provided with reasonable accommodations made for known allergies, including children, if residing in the EHS. Providers should be asking about food allergies at intake; however, it is the parents’ responsibility to inform the program of children’s food allergies. Packet Pg. 437 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 17 Support Services Case Management Case management and supportive services focus on housing or directly supporting the goal of housing and should reflect the short-term nature of assistance toward housing placement. Critical components in the provision of case management services include the following: • Low Barrier practices • Housing First • Harm Reduction • Trauma Informed Care • Client-centered • Culturally competent The following case management services must be available to program participants receiving these services. To ensure the consistent delivery of case management services, operators must incorporate written case management procedures and forms that include the following: • Referral Procedures: Establish referral and follow-up procedures to confirm participants are connected to services to which they are referred. Documentation of referrals made and referral confirmation must be maintained in participant files. • Health and Wellness referrals: Ensure participants are linked to and assisted in accessing medical health, mental health, and any needed alcohol and drug services. • Mainstream Benefits: Establish procedures for screening participants at program entry and intake for eligibility to mainstream benefits. Assisting participants by coordinating the completion and submission of applications for public benefits and entitlements (e.g., general assistance, SNAP, SSI/SSDI, Veteran benefits) health insurance benefits (e.g., Medi-Cal, Medicare, Covered California, etc.), and other sources of financial assistance. • Education/life skills. • Employment Development/Placement Programs: Assessing employment history and goals and assisting participants to engage in services that will prepare the individual to obtain employment in collaboration with participating agencies. Housing Case Management Participants must be offered, and are required to participate in, services they need in order to attain and stabilize in permanent housing. Case management must be conducted on a regular basis and the EHS must document content and outcome of case management meetings. Core services will include: • Development of an individualized service plan based on needs, circumstances and market conditions, focused on helping individuals find and keep permanent housing and linkages to other community based supportive services as needed. Packet Pg. 438 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 18 • Creating a referral network for other services and coordinating with other services providers and case managers. Housing Navigation Housing navigation services must provide ongoing engagement and support in order to facilitate a match to an appropriate permanent housing placement. Housing navigation objectives will include: • Connecting participants to needed resources; • Buffering participants from the stress of navigating housing access; and • Supporting participants in managing their own lives within the scope of their resources and abilities. Core Navigation Services: • Housing location and counseling services to identify the most appropriate housing placement; • Establishing relationships with private and public owners and rental agencies willing to provide permanent housing to clients; • Assisting with housing applications and appeals, and negotiating rental agreements; • Facilitating shared housing opportunities in community-based housing and through master leasing; and • Assisting with the move-in process, including identifying resources for basic furnishings, accessibility modifications, or other expenses. Health services access EHS staff will encourage participants to obtain and maintain health insurance, obtain a primary care provider and access immunization service. This must include publicly posting or otherwise making available information on health-related services. Recordkeeping EHS must have written intake and client record keeping procedures and files that include intake interviews and records of services provided. Assessment A basic assessment that includes an evaluation of the service needs of the occupant, information about past or current services received and other information necessary to provide services must be conducted or updated for all occupants. Transportation Transportation is required to help participant’s access essential services such as, community-based services, medical services and housing searches. Shuttle service, bus passes and car services such as Uber and Lyft may be utilized. Accommodations must be made for disabled persons who are unable to access general means of transportation. Universal Accessibility to transportation must be made available, such as RABA, the use of bicycles, or forms or transportation. Packet Pg. 439 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 19 FACILITY Basic Building Standards and Fire Safety All facilities must comply with HUD Emergency Solution Grants facility standards (HUD ESG Facility Standards) and local applicable building and fire codes. Evidence of compliance with local codes must be provided. Facilities must have annual fire inspections conducted by the fire department and conduct regular fire drills. Training must be provided to staff on fire safety. Safety Standards EHS must comply with state and local health, environmental and safety standards. Amenities • The EHS must have a heating and ventilation system and maintain a comfortable temperature. Emergency Sleeping Cabins will comply with Appendix O of the California Building Code. • The EHS shall have a housekeeping and maintenance plan to ensure a safe, sanitary, clean and comfortable environment. • The EHS shall provide each person with access to a single or double occupancy emergency sleeping cabin with a mattress and bedding, (a blanket and pillow), all of which are clean and in good repair. • The EHS shall have a sufficient supply of functionally clean and reasonably private toilets and hand wash basins, with hot and cold running water and that meet the requirements of the Americans with Disabilities Act. • The EHS should have a sufficient quantity of functionally clean and reasonably private bathing facilities with hot and cold running water or will provide for access to bathing facilities at least twice per week through contract or other means. All bathing facilities must meet the requirements of the Americans with Disabilities Act. • The EHS should have laundry facilities available to residents, or access to laundry facilities nearby or transportation to laundry facilities will be provided or nearby. • The EHS shall provide towels, soap, and toilet tissues. Drinking Water EHS must provide access to drinking water at all times. Outlet Access EHS must provide access to electrical outlets for charging personal devices such as cell phones and medical equipment. Emergency Sleeping Cabins must have outlets as required by California Building Code Appendix O. Packet Pg. 440 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 20 Cleanliness Resident Participation - Bath/toilet areas, hallways, and other common use areas must be cleaned daily. EHS must have proper trash receptacles that are emptied regularly. Both the interior and exterior of the facility must be free of debris, clutter, and unsanitary items and there must be no obvious safety risks. Pest Control EHS must ensure adequate provision of pest control services. EHS must have a protocol in place for the prevention and control of bed bugs. (See https://www.cdc.gov/parasites/bedbugs/ for best practices related to bed-bug prevention). 24-hour notice must be provided to participants of pest control activities unless the type and degree of infestation requires an immediate response (e.g. bed bugs). Maintenance/Repair Facilities must be maintained in good repair. The general appearance of the buildings and surrounding grounds must be well maintained and free from litter and offensive visual ques such as overladen shopping carts. There must be a written housekeeping and maintenance plan. EHS must post the process for reporting maintenance concerns, acknowledge issues reported within two days, and identify the timeframe for addressing the concern. Emergency maintenance items must be immediately addressed. Phone Access A telephone (land line or cell phone) must be available to staff for emergencies. Emergency numbers should be posted by the telephone or otherwise made available to on duty staff. Es must take emergency phone messages and messages from service providers for participants in residence. Hazardous Materials In accordance with established standards, EHS must label all chemicals and cleaning supplies and keep all such materials out of reach of children. Any hazardous materials must be stored separate from food. No fires, including cooking or warming fires will be allowed on site at any time. Entrance/Exits Exits must be clearly marked and must be kept clear of blockage and tripping hazards. All steps must have handrails as required by applicable codes. Steps must have treads or similar accommodation to prevent slipping. Exit signage must be consistent with all applicable codes. Packet Pg. 441 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 21 Agency Vehicle If an EHS location maintains a vehicle used for participant transport, the vehicle must be properly maintained, licensed and insured. All drivers must be properly licensed. Provisions must be made to provide equal access to transportation services to disabled participants. Packet Pg. 442 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) ORDINANCE NO. 2637 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18 (ZONING), CHAPTER 18.17 (TEMPORARY USE PERMITS), BY AMENDING SECTION 18.17.020 (TEMPORARY USES EXEMPT FROM PERMITS), RELATING TO ESTABLISHING THE CRITERIA FOR PERMITTING EMERGENCY HOUSING SITES AND THE OPERATION OF THE SAME DURING A DECLARED SHELTER CRISIS WHEREAS, the 2020 Shasta County Point-in-Time Report purported that four hundred fifty-four (454) individuals within the City of Redding (City), including veterans, women, children, individuals with disabilities, senior citizens, and other vulnerable groups, are experiencing unsheltered homelessness within the City; and WHEREAS, on September 25, 2020, the Governor signed Assembly Bill 2553 which expanded the Shelter Crisis Law, providing all cities and counties flexibility in addressing the homeless crisis and provide additional shelter options to individuals experiencing homelessness; and WHEREAS, the Shelter Crisis Law permits local jurisdictions to adopt reasonable local standards which, at a minimum, meet the standards provided in the 2019 California Residential Code Appendix X and the California Building Code Appendix O; and WHEREAS, the City Council has received extensive testimony and been provided extensive data on the deleterious impacts of homelessness on individuals who lack shelter and the community at large; and WHEREAS, unauthorized camps exist throughout the City and many of these camps are unsanitary and thereby have a harmful consequence to the environment; and WHEREAS, occupants of the unauthorized camps are vulnerable to theft, crime, and extreme weather conditions; and WHEREAS, the aforementioned conditions threaten the physical and mental health of the individuals living in these camps and the safety and well-being of the general public impacted by the nuisance conditions occurring at unauthorized camp locations; and WHEREAS, the City has shelter capacity that is not exhausted by the number of unsheltered individuals in the City, but many unsheltered individuals do not avail themselves of opportunities provided by existing shelter options; and WHEREAS, the City Council finds that expanding the type and number of shelter options may encourage the unsheltered to avail themselves of the shelter opportunities provided herein and that such opportunities may serve as a bridge to more permanent shelter; and Packet Pg. 443 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site) WHEREAS, the City Council has determined that strict compliance with state and local standards and laws in existence as of the effective date of this Ordinance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis; and WHEREAS, it is the purpose of this ordinance is to define requirements and provide a process for the City to review and authorize, through a permit approved by the City Council, the establishment and operation of Emergency Housing Sites and related facilities by a third party as required by the Ordinance and that meet certain health and safety standards; and WHEREAS, adoption of this Ordinance will promote the public health, safety, convenience, and welfare of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. The findings set forth above are hereby adopted as findings of fact. Section 2. Title 18 (Zoning), Chapter 18.17 (Temporary Use Permits), Section 18.17.020 is amended to read as follows: 18.17.020 - Temporary uses exempt from permits. The following temporary uses are allowed without a use permit subject to meeting any applicable standards and limitations established in the Redding Municipal Code, the limitations specified by this section. The following temporary uses are permitted: A. Charitable Events, Fundraising, and Community Events. Fundraisers and like charitable events, limited to three days each month for each sponsoring organization. Sponsorship shall be limited to religious, educational, fraternal, or service organizations directly engaged in civic or charitable efforts. Such activities shall only occur on nonresidential properties and shall not use more than ten percent of the available site parking. B. Construction Yards and Offices. On-site contractors' construction yards and offices, including manufactured or mobile units, in conjunction with an approved construction project. Yards and offices shall be removed within ten days of receiving an occupancy permit for the project. C. Emergency Shelters and Activities. During a declared emergency, temporary emergency shelters or activities shall be permitted in any zoning district provided that the facilities are approved by the City Building Official and Fire Marshal prior to use. D. Garage and Yard Sales in Residential Zones. Three garage or yard sales in any twelve￾month period, not exceeding three consecutive days each, shall be deemed a use incidental to the residential use of a property. Garage or yard sales in excess of this limit shall be prohibited in all residential zones. Packet Pg. 444 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site) E. Outside Displays/Seasonal and Other Sales. The temporary outdoor display/sales of merchandise in conjunction with a lawful business on the premises not exceeding four consecutive days or a total of sixteen days in any calendar year. The sales area may not reduce available parking by more than ten percent. A site development permit is required to exceed these standards. Tents are specifically excluded from this exemption. F. Public Property. Events which are to be conducted on public property with the approval of the city, not exceeding three days in duration, subject to the findings required by Section 8.17.070. G. Model Home Real Estate Sales Offices. Real estate sales offices within model homes in new residential developments. H. Seasonal Sales Lots. Seasonal sales of Christmas trees and pumpkins on nonresidential properties, including temporary security trailers for a period not exceeding forty-five days. I. Similar Temporary Uses. Similar temporary uses which, in the opinion of the director, do not require a use permit and are compatible with the zoning district and surrounding land uses. J. Mobile Medical. A special purpose commercial coach that provides medical, diagnostic and treatment services that is parked on private property subject to the land use regulations of the city shall comply with the following conditions and requirements: 1. Shall be licensed per the State of California Health and Safety Code. 2. Mobile Medical units shall not be operated from the public right of way and shall be located on a parcel meeting at least one of the following criteria; a. In zoning districts that allow clinics as a permitted use. b. In residential districts, in conjunction with health fairs, pediatric health screenings, school physicals, oral health services, limited to non-residential properties such as churches and schools and limited to twelve days per property per year. c. As an accessory use to an existing treatment facility, clinic, shelter, or hospital. d. As a transitional use where a clinic is proposed and under review by the City of Redding. 3. Services shall be limited to licensed and accredited oral health preventative services and primary care and preventative health care programs that have an existing collaboration with a local hospital or licensed medical clinic to meet the necessary Packet Pg. 445 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site) health care referral needs of the community and patient population being served. Pain clinics are prohibited. 4. Services shall not be provided without an approved Operational Plan (Plan). A Plan shall be provided by the operator for the review and approval of the director. At the discretion of the director, a public meeting may be scheduled for the purposes of collecting input and feedback from neighboring property owners regarding the plan. The director shall approve, deny, or request modifications to the plan within forty-five days of receipt. The approved plan shall remain active throughout the duration of the operation and all operational requirements covered by the plan shall be complied with at all times. Modifications to the plan may be required at any time by the director to address negative impacts on the neighboring properties. At a minimum, said plan shall contain provisions addressing the areas outlined below. a. Security and safety- addressing both on- and off-site needs. b. Loitering/trespass/noise control - with specific measures regarding operational controls to minimize, to the extent possible, trespass on private property or the congregation of clients in the vicinity of the facility during hours that services are not provided. c. Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize negative impacts to neighboring properties. d. Communication and outreach - with objectives to maintain effective, ongoing communication and response to operational issues which may arise within the neighborhood. The director shall be provided with the name, cell phone number and email address for the on-site supervisor. e. Litter control - with the objective of providing for the removal of litter attributable to clients within the vicinity of the facility. f. Site plan - that shows the location of the vehicle, setbacks to property lines, parking lots, fire lanes and accessible paths of travel. The vehicle shall avoid blocking fire lanes and accessible paths of travel. To the extent possible, the vehicle shall be located in rear or side yards in existing paved areas. The vehicle shall not be parked in landscaped areas. g. Duration of operations - limited to no more than two days per site per week, except in cases of transitional uses, disaster relief, health fairs, and other similar cases at the discretion of the director. h. Hours of operation - shall generally be limited to 8:00 a.m. to 4:00 p.m. Special events such as blood drives and health fairs may be allowed beyond these hours at the discretion of the director. Packet Pg. 446 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site) 5. Appeal of the determination to deny the approval of a plan or to contest the imposition of a permit requirement imposed after approval of a plan shall be made in accordance with the procedures set forth in Chapter 18.11 (Common Procedures) set forth in this Title. K. Food Trucks. Commercial vehicles parked on private property from which operators sell prepared food and beverages to the public (hereafter "food trucks") shall comply with the following conditions and requirements: 1. Food trucks shall be registered with the California Department of Motor Vehicles and shall be permitted by the Shasta County Environmental Health Division, and operators shall possess a valid City of Redding business license. 2. Food trucks shall be permitted only in zoning districts that allow full service restaurants either as a permitted use or with director approval of a site development permit. 3. Food trucks shall be permitted only on developed sites with existing occupied or unoccupied buildings permitted for commercial, industrial or public and semipublic uses. 4. Food trucks shall not operate for more than three hours per site per day, but may park on said sites for up to one hour prior to operating and up to one hour after ceasing daily operations. 5. Food truck operations, including seating areas but excluding customer parking, shall not utilize more than ten percent of on-site parking spaces. 6. Food trucks shall only operate between 7:00 a.m. and 12:00 a.m., except on sites which abut Residential districts, in which case they shall only operate between 8:00 a.m. and 10:00 p.m. 7. Food trucks shall maintain trash receptacles on-site and pick up any trash left on￾site prior to ceasing daily operations. L. Food Concessions. Food concessions, including hot dog stands, may be permitted when located adjacent to an existing retail building. M. Declaration of a Shelter Crisis. An Emergency Housing Facility is a facility approved by the City Council which provides short-term, temporary shelter to not more than thirty (30) individuals using Emergency Sleeping Cabins and must conform to the definitions for Emergency Housing Site and Emergency Housing Facilities, as defined by Appendix O of the California Building Code and Appendix X of the California Residential Code. Packet Pg. 447 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site) 1. No person shall operate an Emergency Housing Site unless the City Council has declared the existence of a shelter crisis under the Shelter Crisis Law (Gov. Code sections 8698-8698.4) and issued a permit for an Emergency Housing Site. 2. Emergency Housing Sites must adhere to the Administrative Guidelines as adopted by resolution of the City Council. a. Emergency Housing Sites are not authorized or restricted in any particular zoning within the City limits, but must satisfy the following criteria: 1. Be situated more than 500 feet, measured from property line to property line, from any of the following: childcare center; childcare in-home (family day care home); school (K-12); formal park; or museum; and 2. Be situated not less than one-half mile, measured from property line to property line, from any other Emergency Housing Site. 3. Emergency Housing Sites shall be subject to the following conditions: a. Setbacks. Emergency Sleeping Cabins must be set back a minimum of five (5) feet from all lot lines, and ten (10) feet from all other temporary or permanent structures. b. Screening. Emergency Housing Sites must provide screening, as determined by the City, so that the viewshed from adjacent public or private property is minimized. c. Paving. All surfaces within the footprint of the Emergency Housing Site must have a hard surface consisting of asphalt concrete paving, concrete, masonry block or other similar material unless otherwise specifically approved by the City Council. d. Potable water. The operator of the Emergency Housing Site must provide potable water for all occupants. e. Hours of operation and quiet hours. The Emergency Housing Site must always be accessible for registered occupants. Regular hours for occupant intake and discharge must be posted. The Emergency Housing Site manager shall enforce quiet hours between 10:00 PM and 6:00 AM. f. On-site personnel. A manager must be on-site when occupants are present and during normal operating hours. The manager’s area shall be located near the primary entrance to the facility. The manager’s name, telephone number, and e-mail address must be posted and easily visible to the public. Notwithstanding the above, an Emergency Housing Site, accommodating Packet Pg. 448 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site) six persons or less, may recommend alternative on-site management criteria. g. Lighting. Pedestrian pathways and parking lots must be well lit. Lighting must be designed, located, or screened so that it is not directly visible from any participant’s shelter unit. Any illumination must not produce glare or reflection for occupants of neighboring buildings or on public streets. h. Waiting area and common space. The Emergency Housing Site must provide a waiting area and common space. i. Personal storage. Occupants must be provided a safe and secure place to store personal property sufficient to accommodate all such property not reasonably subject to stowage in the Emergency Sleeping Cabin. j. Restrooms. The Emergency Housing Site must have a minimum of one (1) toilet for every fifteen (15) occupants. k. Sanitation. The Emergency Housing Site must be maintained in safe and sanitary conditions and free of vermin, vectors, and matter of an infectious or contagious nature. The Emergency Housing Site must be kept clean and free of debris, filth, garbage, and deleterious matter. All garbage and food waste must be deposited in covered receptacles which are emptied when necessary and when full, and the contents disposed of in a sanitarymanner. l. Water Meter. A lot or parcel with an Emergency Housing Site may be allowed to use an existing metered water service connection of an adjoining lot to provide water service for the Emergency Housing Site. The owner of the adjoining lot must consent, in writing, to the use by the Emergency Housing Site and must install backflow protection compliant with City standards at the City point of service. The owner of the adjoining lot served by the existing water service connection shall be liable for all rates, charges, and fees for the water service furnished to the existing water service connection and used by the Emergency HousingSite. m. Length of Stay. Residents of an Emergency Housing Site may not stay more than ten (10) months in any twelve (12) month period. 4. Operators and occupants of Emergency Housing Sites that receive and comply with a permit issued under this Section are exempt from the provisions of Chapter 10.40 of the City of Redding Municipal Code. 5. An Operational Plan for the Emergency Housing Site must be developed in accordance with the Administrative Guidelines for Emergency Housing Sites and approved by the City Council as part of the permitting process. Packet Pg. 449 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site) 6. Emergency Housing Sites will require site plan and design review by the City Manager prior to Council consideration. 7. Emergency Sleeping Cabins must comply with Appendix O of the California Building Code and Appendix X of the California Residential Code as adopted by the City Council of the City of Redding. 8. Emergency Sleeping Cabins be must be part of an Emergency Housing Site, as defined by this Section. 9. No fee shall be charged for the review and issuance of a permit as described in this Section. 10. All permits granted under this Section remain in effect only during a shelter crisis, as declared by resolution of the City Council. Upon the expiration or repeal of the city’s shelter crisis declaration, or the repeal of this Section, all administrative permits granted under this Section expire and all permit holders must immediately cease operations and return the Emergency Housing Site to its previous condition. A. Permits issued pursuant to this Section are not property, they have no value, do not create vested rights, and cannot confer nonconforming status. B. No permit, or renewal of a permit, granted pursuant to this Section shall exceed a term of one (1) year. C. A permit granted pursuant to this Section may be renewed. Unless waived in writing by the City Manager, the Permittee must provide notice to the City Manager of its intent to apply for renewal at least ninety (90) calendar days before the expiration of the permit. 11. In addition to any other remedy allowed by law or equity, any person who violates a provision of this Section is, without prejudice to the exercise of other remedies in law or equity, subject to enforcement in the manner described in Chapters 1.13, 1.14 and 1.15 of the City of Redding Municipal Code. 12. Violations of this Section are hereby declared to be a public nuisance. 13. All remedies prescribed under this Section shall be cumulative and the election of one or more remedies shall not bar the City from the pursuit of any other remedy for the purpose of enforcing the provisions hereof. 14. Pursuant to Government Code section 8698.4(a)(5)(C), the City Manager shall, not later than July 1st of the year following the declaration of any shelter crisis, develop a plan to address the shelter crisis, if declared, which shall include the development of homeless shelters and permanent supportive housing as well as onsite supportive services. The City Manager shall also make the annual report required by Government Code section 8698.4(a)(6). Packet Pg. 450 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site) Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance. The City Council of the City of Redding hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable. Section 4. The City of Redding finds that, pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment), the adoption of this Ordinance is therefore not subject to the provisions requiring environmental review. The ordinance will not increase traffic but serves only to redirect traffic which already exists. I HEREBY CERTIFY that the foregoing ordinance was introduced by the City Council of the City of Redding at a regular meeting on the 1st day of June, 2021, and was duly read and adopted at a regular meeting on the 15th day of June, 2021, by the following vote: AYES: COUNCIL MEMBERS: Mezzano, Schreder, Winter, and Resner NOES: COUNCIL MEMBERS: Dacquisto ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None _/s/Kristen Schreder _______________ KRISTEN SCHREDER, Vice Mayor ATTEST: APPROVED AS TO FORM: _/s/Pamela Mize____________________ _/s/ Barry E. DeWalt_________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney Packet Pg. 451 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site) ORDINANCE NO. 2638 AN ORDINANCE OF THE CITY OF REDDING AMENDING REDDING MUNICIPAL CODE TITLE 16 (BUILDINGS AND CONSTRUCTION), CHAPTER 16.02 (BUILDING CODE) BY AMENDING SECTION 16.02.010 (CALIFORNIA BUILDING CODE ADOPTED); AND CHAPTER 16.03 (RESIDENTIAL CODE) BY AMENDING SECTION 16.03.010 (CALIFORNIA RESIDENTIAL CODE ADOPTED), RELATED TO ADOPTING APPENDICES TO THE UNIFORM CODES IN ORDER TO FACILITATE ADOPTION OF STANDARDS RELATING TO EMERGENCY SHELTERS THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Redding makes the following findings of fact necessary for changes or modifications to the 2019 California Building Standard Code due to local conditions which may necessitate a declaration of a shelter crisis: 1. Title 16 of the Redding Municipal Code (“RMC”) generally adopts the provisions of the 2019 California Building Standards Code subject to modifications made necessary by local conditions. 2. Appendix O of the California Building Code and Appendix X of the California Residential Code, both a part of the 2019 California Building Standards Code, set forth standards for emergency housing and emergency housing facilities to ensure the protection of public health and safety when there has been a declaration of a shelter crisis pursuant to Government Code section 8698. 3. Government Code section 8698(e) defines a “shelter crisis” as the duly proclaimed existence of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety. 4. Government Code section 8698.4 provides, in pertinent part, that a city may adopt by ordinance reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities therein, to the extent that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. 5. Government Code section 8698.4(a)(2) also provides, in pertinent part, that a city may deviate from the standards provided in the 2019 California Residential Code Appendix X and California Building Code Appendix O if it makes findings stating why the standards cannot be met and stating how the standards in the ordinance protect health and safety. Packet Pg. 452 Attachment: Ordinance No. 2638 (9.2(a)--Goodwater Crossing Emergency Housing Site) 6. There are ready-made emergency sleeping cabins immediately available in the market for purchase which have sixty-four (64) square feet of interior floor area, and these cabins would make an immediate impact in housing the homeless. 7. There appear to be no ready-made emergency sleeping cabins which are immediately available in the market for purchase which have seventy (70) square feet or more of interior floor area. 8. Requiring a minimum interior floor area of seventy (70) square feet for emergency sleeping cabins would require design, plan check, and fabrication thereby significantly delaying the ability to move individuals out of the elements and safely into shelter in an environment where services are available. 9. In order to immediately respond to a shelter crisis, the square footage standards set forth in the 2019 California Residential Code Appendix X and California Building Code Appendix O must be reduced because the primary concern in a shelter crisis is the immediate protection of the of the safety and health of the homeless individuals. 10. There is no appreciable reduction in the health and safety of the intended occupants of the emergency sleeping cabins by reducing the square footage requirements in the 2019 California Residential Code Appendix X and California Building Code Appendix O by six (6) square feet for single occupants and twenty (20) square feet for two occupants. 11. The City Council therefore determines that strict compliance with the floor area requirements set forth in Appendix O of the California Building Code and Appendix X of the California Residential Code would prevent, hinder and delay the mitigation of the effects of a shelter crisis, when declared. Section 2. Title 16 (Buildings and Construction), Chapter 16.02 (Building Code), Section16.012.010 of the Redding Municipal Code is hereby amended to read as follows: 16.02.010 - California Building Code adopted. A. That certain document, a copy of which is on file and open for inspection in the City of Redding permit center, marked and designated as "California Building Code (CBC), 2019 Edition, Volumes 1 and 2," published by the International Code Council, is adopted as the building code of the city and is included in and made a part of this code as though set forth at length herein. 1. California Code of Regulations, Title 24, Part 2, California Building Code, Appendix O, Emergency Housing, is adopted as though set forth at length herein excluding therefrom any requirement that an emergency sleeping cabin shall not be less than seventy (70) square feet of interior floor area for one occupant and fifty (50) square feet for each occupant in excess of one (1), and, in lieu of said requirement, establishing that an emergency sleeping cabin shall not be less than Packet Pg. 453 Attachment: Ordinance No. 2638 (9.2(a)--Goodwater Crossing Emergency Housing Site) sixty-four (64) square feet of interior floor area for one occupant and one hundred (100) square feet for two occupants. B. Snow load CBC Section 1608 is replaced by the following: 1608.1 General. Design snow loads shall be determined by the Building Official. C. Delete CBC Section 1905.1.7 and adopt 2019 Los Angeles Area Regional Uniform Code Program (LARUCP) recommendation 19-01 per the 2019 edition of the LARUCP. D. Add the following exception to CBC Section 1613.2.5: Exception: Structures not assigned to Seismic Design Category E or F above shall be assigned to Seismic Design Category D. E. Add the following exception to CBC Section 1613.2.5.2: Exception: Seismic Design Category shall be determined per exception to Section 1613.2.5. F. Delete CBC Section 1807.1.5 Exception. G. Delete CBC Section 1807.1.6. H. Amend CBC Section 2308.4.6 to read: Floor, attic, and roof framing shall be laterally supported in accordance with AF & PA NDS Section 4.4.1.2. Section 3. Title 16 (Buildings and Construction), Chapter 16.03 (Residential Code), Section 16.03.010 of the Redding Municipal Code is hereby amended to read as follows: 16.03.010 - California Residential Code adopted. A. That certain document, a copy being on file and open for inspection in the City of Redding permit center, marked and designated as "California Residential Code (CRC), 2019 Edition," published by the International Code Council, is adopted asthe residential building code of the city and is included in and made a part of this code as though set forth at length herein. 1. California Code of Regulations, Title 24, Part 2.5, California Residential Code, Appendix X, Emergency Housing is adopted as though set forth at length herein excluding therefrom any requirement that an emergency sleeping cabin shall not be less than seventy (70) square feet of interior floor area for one occupant and fifty (50) square feet for each occupant in excess of one (1), and, in lieu of said requirement, establishing that an emergency sleeping cabin shall not be less than Packet Pg. 454 Attachment: Ordinance No. 2638 (9.2(a)--Goodwater Crossing Emergency Housing Site) sixty-four (64) square feet of interior floor area for one occupant and one hundred (100) square feet for two occupants. B. Add the sentence "SDS shall be taken as greater than 0.50" to the end of California Residential Code Section R301.2.2.1.1. C. Section R313.2.1.1 - Other Occupancies. Section R313.2.1.1 is added to read as follows: Group S occupancies constructed on private residential zoned parcels shall be designed to NFPA 13D as approved by the fire code official. D. Section R313.2.2 – Additions. Section R313.2.2 is added to read as follows: Additions to any existing California Residential Building Code regulated buildings that increase the existing square footage by 50% or more shall meet the requirements for a newly constructed building. All additions to any existing California Residential Building Code regulated building with an existing automatic sprinkler system regardless of size shall be required to extend the sprinkler system into the addition per Section R313.2. E. Section R313.2.3 – Remodels, alterations, or repairs. Section R313.2.3 is added to read as follows: For remodels, alterations, or repairs to an existing California residential Building Code regulated building involving demolition, removal, alteration, or repair of more than 50% of the structure, the building shall meet the requirements for a newly constructed building. For purposes of this section, “50%” threshold shall be applied if the project involves any of the following: 1. The removal, demolition, or repairs of more than 50% of the exterior weight bearing walls; or 2. The removal, demolition or repair of more than 50% of the roof structure (including the framing, sheathing, and roof covering of a building but not limited to rafters, trusses, beams, purlins); or 3. Where the removal, demolition or repair is deemed by the fire code official to be more than 50% of the structure. F. Amend CRC Section R404.1.4.1 to read: Packet Pg. 455 Attachment: Ordinance No. 2638 (9.2(a)--Goodwater Crossing Emergency Housing Site) Masonry foundation walls. In buildings assigned to Seismic Design Category D0, D1, or D2, as established in Table R301.2(1), masonry foundation walls shall comply with this section. In addition to the requirements of Table R404.1.1(1), plain masonry foundation walls shall comply with the following: 1. Wall heights shall not exceed 4 feet (1219 mm). 2. Unbalanced backfill height shall not exceed 3 feet (914 mm). 3. Minimum nominal thickness for plain masonry foundation walls shall be 8 inches (203mm). 4. Masonry stem walls shall have a minimum vertical reinforcement of one No. 3 (No. 10) bar located a maximum of 4 feet (1219mm) on center in grouted cells. 5. Vertical reinforcement shall be tied to the horizontal reinforcement in the footings. Foundation walls in buildings assigned to Seismic Design Category D0, D1 or D2, as established in Table R301.2(1), supporting more than 3 feet (914 mm) of unbalanced backfill or exceeding 4 feet (1219 mm) in heights shall be constructed in accordance with the provisions of ACI 530/ASCE 5/TMS 402 or NCMA TR68-A. Masonry foundation walls shall have two No. 4 (No. 13) horizontal bars located in the upper 12 inches (305mm) of the wall. G. Amend CRC Section R404.1.4.2 to read: R404.1.4.2 Concrete foundation walls. In buildings assigned to Seismic Design Category D0, D1 or D2, as established in Table R301.2(1), concrete foundation walls that support light-frame walls shall comply with this section, and concrete foundation walls that support above-grade concrete walls shall comply with ACI 318, ACI 332 or PCA 100 (see Section R404.1.3). In addition to the horizontal reinforcement required by Table R404.1.2(1), plain concrete walls supporting light-frame walls shall comply with the following: 1. Wall height shall not exceed 4 feet (1219 mm). 2. Unbalanced backfill height shall not exceed 3 feet (914 mm). 3. Minimum thickness for plain concrete foundation walls shall be 6 inches (152 mm). Foundation walls supporting more than 2 feet (1219 mm) of unbalanced backfill or exceeding 3 feet (2438 mm) in height shall be provided with horizontal reinforcement in accordance with Table R404.1.2(1), and not less than No. 4 (No. 13) vertical bars at a spacing not exceeding 48 inches (1219 mm). H. Amend the first sentence of CRC Section R506.2.3 to read: Packet Pg. 456 Attachment: Ordinance No. 2638 (9.2(a)--Goodwater Crossing Emergency Housing Site) Vapor retarder. A 15-mil polyethylene or approved equivalent vapor retarder with joints lapped not less than 6 inches (152 mm) shall be placed between the concrete floor slab and the base course or the prepared subgrade where no base course exists. Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance. The City Council of the City of Redding hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable. Section 5. The City of Redding finds that, pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment), the adoption of this Ordinance is therefore not subject to the provisions requiring environmental review. I HEREBY CERTIFY that the foregoing ordinance was introduced by the City Council of the City of Redding at a regular meeting on the 1st day of June, 2021, and was duly read and adopted at a regular meeting on the 15th day of June, 2021, by the following vote: AYES: COUNCIL MEMBERS: Mezzano, Schreder, Winter, and Resner NOES: COUNCIL MEMBERS: Dacquisto ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None _/s/Kristen Schreder _______________ KRISTEN SCHREDER, Vice Mayor ATTEST: APPROVED AS TO FORM: _/s/Pamela Mize____________________ _/s/ Barry E. DeWalt_________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney Packet Pg. 457 Attachment: Ordinance No. 2638 (9.2(a)--Goodwater Crossing Emergency Housing Site) St. James Lutheran Church “Goodwater Crossing” Micro-Shelter Communities (MSC) Operations and Services Manual Revised: April 4, 2022 Packet Pg. 458 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 2 GUIDING PRINCIPLES FOR REDDING MICRO-SHELTER COMMUNITIES 1. The Micro-Shelter Community (MSC) will provide an atmosphere of dignity and respect for all participants. 2. MSC Residents must participate toward increasing levels of self-reliance and self￾determination. MSC staff will work with Residents to assist them in achieving their goals. 3. The health and safety of Residents, volunteers, staff, and the surrounding community should be safeguarded within each MSC. 4. Each MSC shall create equal opportunities for all persons needing emergency housing services by prohibiting discrimination due to religious affiliation, race, color, national origin, ancestry, political or religious beliefs, language, disability, family composition, gender identity and/or sexual orientation. 5. Protecting the privacy and privacy of MSC Residents and their personal information is required. 6. People who are experiencing homelessness may use substances to varying degrees. Admission, discharge, and service restriction policies must not be based on substance use alone, unless otherwise specifically provided for in this manual. 7. In order to provide effective MSC programs and services, Residents must be offered opportunities to provide input and feedback in service provision and program planning for the program in which they participate. 8. MSC exits to stable housing through supportive services will occur within 10 months. Barriers to engagement will be considered to help assist Residents to find stable housing with supportive services, if possible. 9. Equal opportunity and standardized procedures will be utilized when determining eligibility, admissions, sanctions and dismissals, and when resolving grievances. 10. All program participants are entitled to enjoy the maximum amount of privacy within the constrictions of the MSC environment and program. 11. MSCs are part of a larger network of homeless services and agencies. Collaboration within this network is essential to ensure effective and coordinated services. 12. All Residents must be briefed and must sign an agreement to uphold the rules and guidelines for the MSC. Criteria for unacceptable behavior on-site includes but is not limited to persistent disruptive behavior, theft, use of alcohol or illegal drugs, or violence against yourself or others. Packet Pg. 459 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 3 Redding Micro-Shelter Communities (MSC) Operations and Services Manual CONTENTS: 1. Introduction. 2. Roles and Governance. 3. MSC Support Services. 4. Operations – Administrative. 5. Admissions, Non-Discrimination and Resident Rights & Responsibilities. 6. MSC Security Plan. 7. Exiting Procedures. 8. Grievance, Intervention Plan and Involuntary Discharge. 9. Safety Plan. 10. Food Handling and Storage. 11. Storage of Belongings. 12. Animal Care. 13. Medication and Standard Precautions. 14. Alcohol, Drugs, Smoking and Paraphernalia. 15. Couples. 16. Health and Sanitation. APPENDICES A. Consultation Policy (Ref: #2.G). B. Good Neighbor Policy (Ref: #4.A). C. Application and Intake Questionnaire. D. Background Check & References. E. Appeal Form (Ref: #5.E.iv). F. Resident Rights and Responsibilities (Ref: #5.I-J). G. Resident Community Agreement. (Ref: #5.F) H. Grievance Document (Ref: #8). I. Grievance Notice (Ref: #8) J. Emergency Response Plan (Ref: #9). Packet Pg. 460 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 4 K. Pet Ownership Agreement (Ref: #1 2). L. Notice of Privacy Practices (Ref: #5.I.i). M. Abuse Reporting Document (Ref: #9.B). N. Drug/Alcohol Agreement (Ref: #16.B). O. Sample Housekeeping and Maintenance Plan (Ref: #9.M) . P. Donated Food Safety Standards Agreement (Ref: #10.B) . Packet Pg. 461 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 5 1. INTRODUCTION. The Redding City Council adopted a resolution June 15, 2021 declaring a Shelter Crisis and established the criteria for permitting Emergency Housing Sites (EHS), hereafter referred to as Micro-Shelter Communities (MSCs). MSCs are operated by a host entity providing temporary accommodations in micro-shelters (non-buildings), not to exceed three hundred (300) days in any twelve-month period, for homeless individuals. For purpose of this definition, a "host entity" shall mean an organization which contracts with recognized community organizations to provide temporary shelter, counseling, and other services, as well as common areas for Residents of the facility. A “micro￾shelter” shall mean a shelter that is not constructed as a Residential living unit per the California Residential Building Code; for example, emergency sleeping cabins (micro-shelters). The City of Redding authorizes MSCs to provide transitional low-barrier housing opportunities to adults in a safe, private, and secure environment. Through an array of on-site supportive services, community engagement, and direct contributions to the MSCs, Residents are supported to build stability and self-sufficiency while bridging from homelessness to permanent housing. Each MSC site will be owned or leased by the MSC host entity who is responsible for the day-to￾day operations and property maintenance. Residents will be coached and positioned to be responsible for much of the management of the MSC, providing the following benefits: - Expanded staff capacity and flexibility - Sense of place and ownership - Increased self-reliance - Skill building Examples of MSC management include: - Security and on-site gate keeping - Outreach - Maintenance - Operations (scheduling, tours, new Resident orientation, Resident exiting process, rules enforcement, etc.) 2. ROLES AND GOVERNANCE: A. Probationary Resident: A new Resident undergoing a 4-week trial period, to make sure that they can follow the Community Agreement before being fully accepted as a Resident in the MSC. B. Resident: An individual or couple who currently resides in a micro-shelter at the MSC. Packet Pg. 462 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 6 C. Lead Advocate: A volunteer from the Host Entity Team or community partner organization who takes primary responsibility for accompanying a particular Resident on their journey through the MSC program. In order to avoid potential misunderstanding or conflict of interest in mediation between Residents, Lead Advocates may be assigned to couples when appropriate but are discouraged from serving as Lead Advocate for two Residents of the same MSC at the same time. D. MSC Resident Council: Shared governance is a core value of Redding Micro-Shelter Communities. This means that the success of the MSC also rests on the Residents. All current Residents of Goodwater Crossing are members of the Resident Council and have voice and vote at Resident Council Meetings. Weekly MSC Resident Council Meeting. Residents and at least one MSC Host Entity team member can discuss and act upon issues related to the community. Specific roles will be identified and filled in order to maintain a safe and sanitary environment. The following applies to MSC Resident Council meetings: i. Any decisions made at the MSC Resident Council Meeting must comply with the MSC Operations and Services Manual. ii. Amendments to the governance and policy sections of the MSC Manual must be reviewed and approved by the MSC Host Entity and City of Redding before taking effect. D. MSC Host Entity Team (Non-profit Organization, Business or Church). The MSC Host Entity Team is to provide oversight, resident selection, direction and means for the ongoing development of its Residents through the program and for the maintenance of the MSC. This team includes representatives from the MSC Host Entity, community partners, staff or volunteers of the MSC, MSC residents, and perhaps a member of the surrounding neighborhood. This team establishes a long-term friendship with a resident; they assess needs and provide resources, training, and opportunities. This team is responsible to ensure that financial, legal, administrative, safety, and sanitation matters are being properly managed. The Host Entity Team must meet at least monthly, and all Residents must be informed of the meeting schedule and invited to attend. E. MSC Safety Committee (Ref: #9.C) F. MSC Case Managers (Ref: #3.A-B) G. Staff Requirements. MSC must have at least one staff-person on duty (on-site or on￾call) at all times. Paid, on-site coordinator or volunteer designee will be on site or available by phone 24 hours a day, 365 days per year. At least one staff-person will be on-site an average of 4-8 hours per day. When no staff person is on-site, the 24-hour hotline will be used to ensure access to immediate response for Residents, volunteers, and members of the neighborhood who might encounter pressing concerns. This hotline number can be found in the Consultation Policy (Ref Appendix A). Calls to the 24-hour hotline number will be directed to the current “on call” individual who will sign up to receive those calls during their on-call Packet Pg. 463 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 7 shift. This person must be located within a 15 minute drive from the MSC for prompt response to any issues requiring an on-site response. While efforts should be made to allow Residents to negotiate daily challenges as part of their program, MSCs must have a supervisor/manager available on call to the program at all times for consultation about challenging resident situations and other urgent matters. MSC has a consultation policy in place that outlines how and when contacts should be made up the chain of command. (See Appendix A for Consultation Policy) 3. MSC SUPPORT SERVICES: A. Case Management and Support Services. In order to make maximum use of existing supportive services in the community and participate in efforts to coordinate care across agencies, the MSC will arrange for professional case management services for the residents of their MSC. The agency providing these services must be registered as a Participating Agency according to the NorCal CA 516 Homeless Continuum of Care’s HMIS Policies and Procedures manual (https://www.co.shasta.ca.us/docs/libraries/housing-docs/2020-hmis-policies￾procedures.pdf?sfvrsn=bb0ff389_0). Support services include information and linkages to health resources, case managers, employment opportunities, financial budget education, application assistance for external services and resources, and guidance in accessing local community services. Case managers will help each resident to develop a life transition and housing plan using low barrier practices, housing first philosophy, harm reduction procedures, trauma-informed care, client-centered and -driven case management, and cultural competency. The plan will help residents identify challenges and provide services for them to choose from in order to gain self-sufficiency and permanent housing. The Case Managers will help the Residents develop a timeline around their goals and identify services and resources that will help accomplish goals. The Host Entity Team will partner with the Residents in conducting regular evaluations and updates of their life transition and housing plan. The following case management services must be available to program participants receiving these services. To ensure the consistent delivery of case management services, operators must incorporate written case management procedures and forms that include the following: i. Referral Procedures: Establish referral and follow-up procedures to confirm participants are connected to services to which they are referred. Documentation of referrals made and referral confirmation must be maintained in participant files. Packet Pg. 464 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 8 ii. Health and Wellness referrals: Ensure participants are linked to and assisted in accessing medical health, mental health, and any needed alcohol and drug services. iii. Mainstream Benefits: Establish procedures for screening participants at program entry and intake for eligibility to mainstream benefits. Assisting participants by coordinating the completion and submission of applications for public benefits and entitlements (e.g., general assistance, SNAP, SSI/SSDI, Veteran benefits) health insurance benefits (e.g., Medi-Cal, Medicare, Covered California, etc.), and other sources of financial assistance. iv. Education/life skills. v. Employment Development/Placement Programs: Assessing employment history and goals and assisting participants to engage in services that will prepare the individual to obtain employment in collaboration with participating agencies. B. Housing Case Management Residents must be offered, and are required to participate in, services they need in order to attain and stabilize in permanent housing. Regular case management services must be documented based on the Record-Keeping policy (Ref #4.B.v). Core services will include: i. Development of an individualized service plan based on needs, circumstances, and market conditions, focused on helping individuals find and keep permanent housing and linkages to other community-based supportive services as needed. ii. Creating a referral network for other services and coordinating with other service providers and case managers. iii. Housing navigation services to facilitate a match to an appropriate housing placement that connects Residents with needed resources, protects Residents from the stress of navigating housing access, and supports Residents in managing their own lives within the scope of their available resources and abilities. iv. Housing support will include locating the most appropriate housing placement, establishing relationships with private and public owners and rental agencies, assisting with housing applications and appeals and negotiation of rental agreements, facilitating shared housing options, and assisting with the move-in process, including identifying resources for basic furnishings, accessibility modifications, or other expenses. C. Database Management System Within 48 hours of the initial case management meeting, and as part of the case management protocol, data on all residents will be entered or updated in the Homeless Management and Information System (HMIS), pursuant to the data standards required. Resident files will be maintained in accordance with the Packet Pg. 465 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 9 requirements of (HMIS) operated by the NorCal Continuum of Care (NorCal COC). For complete information on HMIS Data Standards, contact the NorCal COC at 1450 Court Street, Suite 108, Redding, CA 96001, (530)225-5160. D. Workshops and Learning Opportunities. Workshops and learning opportunities will be offered on- or off-site, facilitated by the Host Entity or provided by partner agencies or volunteers. Residents will have the opportunity to engage in various workshops and trainings supporting their life transition and housing plans. Workshops and learning opportunities will apply to day￾to-day life, resulting in long-term self-sufficiency. The determination of the workshop schedule will be based on the needs of the Residents and may include (not exhaustive): o Skill acquisition: Internships, on-the-job training at local businesses, workshops, etc. o Employment: Resume building, and job search techniques o Financial literacy o Nutrition o Conflict management, communication and relationship building workshops o Community service activities o Pet health 4. OPERATIONS – ADMINISTRATIVE. A. Good Neighbor Policy. Develop and post Good Neighbor Policies addressing the MSC premises, immediate surrounding neighborhood and community: Community collaboration, mutual goals, safety, property guidelines, code of conduct, regular communication. These policies must clearly show provisions for how the MSC actively discourages and addresses excessive noise or loitering from MSC residents and others who may be near the site. Where applicable, the MSCs must demonstrate coordination with other service providers and community partners to address the above issues and their impacts. The Good Neighbor Policies will be submitted to the City for review and approval as part of the permit issuance process. City of Redding (COR) must provide written notification to all property owners within a 600-foot radius of the proposed site. (see Appendix B for a Sample Good Neighbor Policy) B. Program Policies and Guidelines i. Hours. The MSC is open and available to Residents 24 hours a day. Quiet hours will be enforced between 9pm and 7am. Security Plan access policies will be followed at all times. ii. Curfew. All residents who have not received prior permission to be out late must be in the MSC by 9pm each night. In the event of an emergency, Residents must Packet Pg. 466 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 10 contact the on-call site manager and inform them of their estimated arrival time. iii. Input. The Host Entity Team shall provide Residents with on-going opportunities to provide feedback and make suggestions regarding programming and rules. This can be accomplished in a variety of ways including exit interviews, surveys, one-on-one interviews, resident focus groups, inclusion of homeless or formerly homeless members on the agency board of directors or subcommittee, or having homeless or formerly homeless people trained and hired as staff. iv. Health services access. Case Managers will encourage residents to obtain and maintain health insurance, obtain a primary care provider and access immunization service. This must include publicly posting or otherwise making available information on health-related services. v. Recordkeeping. The MSC must maintain thorough and organized Resident records, including intake interviews, services provided, and any grievances or disciplinary action related to the client. These files may be kept electronically, in physical form, or a combination. MSC Resident records must be stored in a secure and locked area, accessible only to Case Managers and appropriate staff. Records should include; demographics, program operations and maintenance, Residents’ individual progress, metrics to measure levels of success, budget and sustainability, partnerships, and community involvement. Records an MSC may also wish to include: Resident’s presence and absence, visitor logs, chore logs and sign-ups, medication logs, services provided to Residents at the MSC, and other records as determined by the Case Managers. vi. Assessment. A basic assessment that includes an evaluation of the service needs of the occupant, information about past or current services received and other information necessary to provide services must be conducted and routinely updated for all occupants by case managers. vii. Transportation. Transportation is required to help resident’s access essential services such as, community-based services, medical services and housing searches. Bus passes will be provided to all Residents, and case managers will arrange for transportation needed outside of the regular bus route and schedule, including connection with community partners like Shasta Connect for Universal Accessibility. 5. ADMISSION, NON-DISCRIMINATION, AND RESIDENT RIGHTS & RESPONSIBILITIES: A. Application Process: i. Application and Intake Questionnaire. Ref: Appendix C ii. Background Check & References. Ref: Appendix D iii. Resident Community Agreement. Ref: Appendix H Packet Pg. 467 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 11 B. Proposed candidates for MSCs will be sought from social service providers such as Hill Country, Empire Recovery, the Good News Rescue Mission, Visions of the Cross, Shasta County HHS professionals, Shasta Thrive, Pathways to Housing, etc. C. The MSC Host Entity Team reserves the right to choose Residents for an initial probationary period. D. Admission. With assistance from the partnering professional case management agency, the MSC will strive to adhere to current Coordinated Entry standards as set by the NorCal 516 Homeless Continuum of Care (CoC) with regard to their referral and admissions process. Appropriate modifications to this standard will be implemented based on the specific amenities, capacities, and limitations of a particular MSC site and the needs of its current Residents. When there is a vacancy in the MSC, the Host Entity Team will work to fill it with as much speed as an intentional process allows. When feasible, admissions should be accepted on weekends. E. Denial of Admission. Denial of admission to the facility can be based on the following and is at the discretion of the Host Entity Team: i. Applicant does not meet the basic eligibility criteria for MSC admission (e.g. gender, age, homeless status, domestic violence perpetrator, etc.). MSC with beds designated by funding sources as having additional restrictions (e.g. VA beds that require advance approval by the VA) may deny entry to those not meeting funding agency requirements. ii. A restraining order that prohibits admission to the facility. iii. Documented violent or threatening behavior. iv. Conduct from prior stay at the MSC which puts the health and safety of staff or residents at risk (e.g. violence, weapons violations, disclosing private information of MSC or residents, and egregious damage to property). If an applicant is denied entrance based on a prior stay, the applicant must be informed of the reason, conditions for lifting the restriction and the right to appeal, including name of contact regarding an appeal and information about the appeal process. v. The applicant requires care and supervision to manage the activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, walking and transferring) without the appropriate support available on-site. F. Admission Documents. Upon admission, residents must be provided with copies of the following documentation: i. Resident rights and responsibilities. Ref: #5.I-J (Appendix F) ii. Resident Community Agreement. (Appendix G) iii. Storage policy. Ref: #11 iv. Medication storage policy. Ref: #13.A Packet Pg. 468 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 12 v. Grievance Procedure. Ref: #8 (Appendix H, Appendix I) vi. Emergency Response Plan. Ref: #9 (Appendix J) vii. Pet Policy. Ref: #12 (Appendix K) viii. Notice of Privacy Practices. Ref: #5.I.i (Appendix L) ix. Abuse Reporting Document. Ref: #8.B (Appendix M) x. Drug/Alcohol Agreement. Ref: #14.B (Appendix N) G. Resident Emergency Information. MSC staff must collect emergency contact information and information about health needs upon admission that may impact an emergency response. Such information should be kept in a place accessible to on-duty staff in the event of an emergency. H. Discrimination. Redding MSCs shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age (18 and over), national origin (ancestry), disability (as permitted within physical limits of current facilities), marital status, sexual orientation, military status, or any other characteristic protected under applicable federal or state law, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, selection of MSC Residents, and provision of services. We are committed to providing an inclusive and welcoming environment for all MSC Residents and members of our staff, clients, volunteers, subcontractors, and vendors. I. Resident Rights. i. Privacy: All paid and volunteer staff will protect the privacy of Residents and never discuss private Resident information with other Residents or other staff without the explicit consent and presence of the Resident under discussion. Residents will be presented with a privacy agreement and given opportunity to read it and discuss questions before signing. All MSC must have privacy policies which, at minimum, are consistent with Homeless Management Information System (HMIS) privacy and security requirements, make certain that files are kept in a secure location, and ensure that verbal communication of private information is done in such a way that avoids unintended disclosure. ii. Abuse Reporting. The MSC Host Entity Team, all staff and volunteers will complete a sexual harassment prevention training course online. The Host Entity Team will provide Residents with procedures and examples for reporting abuses during their initial orientation. A written protocol to report any known abuse to staff will be given to each Resident and posted on the MSCs bulletin board. iii. Participation in Religious Activities. MSCs cannot require participation in Packet Pg. 469 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 13 religious activities as a condition of receiving emergency housing or services. Religious activities include moments of prayer, the saying of grace before meals, or spiritual studies. While these activities are not prohibited, participation in such activities may not be required. iv. Resident Rights must be provided in writing and posted in the facility in high visibility areas. All program requirements must be consistent with these standards. Rights must include: a. Residents have the right to be treated with dignity and respect; b. Residents have the right to privacy within the constrictions of the MSC environment; c. Residents have the right to be treated with cultural sensitivity; d. Residents have the right to self-determination in identifying and setting goals; e. All paid or volunteer staff members of the MSC must engage with Residents with professionalism and base their service to Residents on valid, informed consent; f. Residents should be clearly informed, in understandable language, about the purpose of the services being delivered, including residents who are not literate and/or have limited-English proficiency; g. Residents have the right to privacy and have information about when private information will be disclosed, to whom and for what purpose, as well as the right to deny disclosure, unless disclosure is required by law; h. Residents have the right to reasonable access to records concerning their involvement in the program. v. Reasonable Accommodations. The MSC must make reasonable modifications in programs, activities and services when necessary to ensure equal access to individuals with disabilities, unless fundamental alteration in the nature of the program would result from the accommodation. vi. Transgender Access. The MSC will comply with the HUD Rule on Appropriate Placement for Transgender Persons in Single-Sex Emergency Housing Sites and Other Facilities. vii.Resident Mail. If an MSC provides mail service, any mail sent or received cannot be interfered with (e.g. staff opening residents’ mail, not providing mail to the Resident as soon as practical, etc.). J. Resident Responsibilities i. MSC Residents are required to participate in the operations and management of their site and in the process of achieving their goals as determined in consultation with a Case Manager. Packet Pg. 470 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 14 ii. Residents must abide by the MSC non-discrimination policy in their interactions with other Residents. They must show respect for the property of others and report incidents of theft. iii. Residents must abide by the Weapons Policy and the Drug/Alcohol Policy of the MSC. (Ref: #6.B, #14) iv. Residents must abide by all site rules, including but not limited to upholding quiet hours, keeping personal and shared spaces clean and orderly, supervising pets, and helping to maintain the no-visitors and no loitering policies. v. Residents are required to participate regularly in Resident meetings to discuss ideas, share concerns, and determine solutions. vi. Residents will notify staff of any needed repairs and will not make any modifications or repairs to shelters or equipment, including but not limited to locks, lighting, and smoke detectors. vii. Residents are expected to cooperate and collaborate in the shared goal of moving all Residents toward fulfillment of their life transition and housing plans. All residents will support one another toward a positive exit into the next phase of recovery, rehabilitation, and/or permanent housing. 6. MSC SECURITY PLAN. A. Access. The MSC shall be fully fenced with privacy slats, and all gates will remain locked at all times. Residents and vetted staffpersons shall have access to the MSC 24 hours a day, 365 days a year. Individuals who are not Residents of the MSC and are not accompanied by a staffperson are not permitted to enter the MSC at any time. B. Weapons. The health and safety of our Residents, staff, volunteers, and surrounding community must be prioritized in the context of the Micro-shelter Community. Therefore, weapons may not be stored, transported, or used on site at the MSC by Residents, their guests, staff or MSC visitors. Weapons include but are not limited to firearms, pepper spray, mace, knives longer than 3 inches, bats, clubs, explosive devices, and tasers. The Host Entity may, but is not required to, check weapons for safe storage during residence in the MSC. All stored firearms must be duly registered and appropriately licensed by the owner. If the Host Entity is unable to safely store the weapon, the Resident is responsible to locate safe and legal offsite storage or safely dispose of the weapon before intake into the MSC. Checked weapons will be subject to the MSC Storage Policy. C. Resident Visitors and Guests. MSC Residents are in recovery and focusing on their program toward a new, sustainable lifestyle. Visitors and guests could be a distraction from this effort and are prohibited from visiting the MSC or its surrounding neighborhood. Infrequent exceptions to this policy are permitted at the discretion of Packet Pg. 471 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 15 the MSC Host Entity Team or via consultation with the Lead Advocate. D. Security Responses (Ref: Appendix A, Sample Consultation Policy). There are three stages of response for maintaining a secure and orderly environment within the MSC: Stage 1: MSC Resident Council MSC Resident Council members are responsible for maintaining order when urgent situations arise. On-duty or on-call staff or volunteers should be consulted as needed. Stage 2: MSC Host Entity Team When MSC Resident Council members and staff are unable to gain the cooperation of a disruptive Resident, they are to contact a member of the MSC Host Entity Team. Stage 3: Redding Police Department The Redding Police Department (RPD) is welcome to patrol the MSC as they would any other neighborhood in Redding. In cases where the law is being broken and staff are unable to gain cooperation of the offender, the RPD will be contacted. The previous two Stages of Response are to be tried first if appropriate. 7. EXITING PROCEDURES Preparations before departure and follow-up thereafter increases the likelihood of successful transitions from MSCs to more permanent housing options. Over a period of time, Case Managers, Lead Advocates, and other supportive team members provide services to help Residents achieve their individual goals, which may include recovery, economic and social mobility, and increased quality of life, in order to move to more stable housing. Before departure is discussed with Case Managers and Lead Advocates, Residents should receive assistance with identifying suitable housing options, completing application paperwork, seeking financial assistance, and practicing proper conduct when speaking with landlords. A. Tasks at the time of Resident departure: i. Special recognition of each Resident acknowledging their accomplishments, such as a certificate, festive gathering for celebration, opportunities to share completed goals and future goals, etc should be considered and implemented as appropriate. ii. Ensure that Resident has collected all personal belongings, including medications and any stored/checked items that must be checked out using the storage procedure listed below (Ref: #7.B). iii. Conduct an exit interview with several Host Entity Team members, to include review of Resident’s future goals, community resource information applicable to the Resident, and follow-up plans between the Resident and the Host Entity Packet Pg. 472 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 16 Team. The exit interview should also include opportunity for the Resident to provide feedback on all aspects of their MSC experience. B. Storage of Belongings after Exiting The MSC must provide for storage of belongings after a Resident’s departure for a minimum of five (5) working days after the Resident’s exit. Before exiting, the Resident and a representative of the MSC Host Entity Team must determine and agree upon the length of storage, clear procedures for Residents to reclaim their possessions, and an explanation of the Abandonment procedures (#8.K) which will go into effect no fewer than 72 hours past the expiration of the agreed-upon storage period. C. Preparing the MSC for a new Resident. Vacated micro-shelters and personal storage units/areas must be cleaned and sanitized before a new Resident can move in. 8. GRIEVANCE, INTERVENTION PLAN AND INVOLUNTARY DISCHARGE. A. Complaints. i. When a complaint is cause for concern, the MSC Resident Council will meet with said Resident and discuss a plan of action to curtail the behavior. Hopefully early intervention will help prevent further and more severe action. ii. In cases of a complaint by one Resident against another, a third-party mediator from among the Host Entity Team will meet with both parties (and their Lead Advocates if desired). This mediator will meet with the complainant and the alleged offender to discuss the issue and reach a resolution that is agreeable to both parties. iii. Whenever possible, Residents should discuss and resolve complaints and disputes among themselves or at the Resident Council level. As needed, verbal or written complaints may be submitted to the Host Entity Team or on-call site manager, who will refer to the Consultation Policy to determine next steps. B. Abuse Reporting All MSCs must have an abuse reporting policy that details communal responsibilities to report sexual, emotional, and verbal abuse and to whom it should be reported. This policy must also explain Residents’ legal duties to report elder, dependent adult, child or animal abuse and a written plan and process for reporting such abuse to the appropriate reporting agency. C. Rules and Violations. i. Urgent matters should be addressed by contacting the on-call manager for an immediate response. When a non-urgent rule break occurs, any Resident may write an Incident Report and submit it to an MSC Host Entity team member. A team of at least two MSC Host Entity Team members must respond within 48 hours with an appropriate level of intervention. These two Team members should deliver Packet Pg. 473 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 17 written notice to the alleged offender. From there, the alleged offender has two options: a. Accept the Incident Report with the proposed level of intervention. b. Request that the MSC Resident Council provide a date at which they may appeal the decision to the MSC Host Entity Team. D. Guidelines for infractions. • Level 1 – Verbal Warning. • Level 2 – Written Warning. • Level 3 – Potential expulsion from the MSC by the MSC Host Entity Team. E. Formal and documented intervention decisions should include documented discussion by MSC Resident Council members. F. In cases of expulsion from the MSC, where the Resident is not an imminent threat to others, the Resident to be expelled will be given two business days to make arrangements for their safety. No Resident who is not an imminent threat to others will be expelled after 8pm. G. Appeals. i. Residents may appeal an Incident Report at a gathering of the Appeals Council, consisting of the MSC Resident Council and the MSC Host Entity Team. In cases of expulsion, the appeal may include Resident-generated actions for addressing the problematic behavior that caused their expulsion rather than disputing the incident. A majority vote will either uphold the expulsion decision or determine an alternative plan incorporating suggestions from the Resident, the Resident Council, and the Host Entity Team. ii. Appeal Process: a. The MSC Appeals Council reads incident report and informs Resident of their decision. b. Accused has a chance to respond and state their case. The Resident has the right to rely on a third-party representative of their choice if desired. c. The MSC Appeals Council has a chance to ask questions of the accused. d. The MSC Appeals Council has opportunity to discuss the details of the incident. e. A motion is made vote on whether to “uphold” or “revise” the decision. f. If a majority vote to revise, a new motion should be made stating a desired revision. Packet Pg. 474 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 18 H. Involuntary Discharge Reasons. The following reasons may be used as a basis for discharge from an MSC: i. Possession of a weapon at the MSC. ii. Assault or other violent behavior at the MSC. iii. Theft at the MSC. iv. Destruction of property at the MSC. v. Restraining order precluding continued residence. vi. Resident behavior endangering the health or safety of Residents or staff. vii.Presence of infectious disease that significantly increases the risk of harm to other Residents or staff. viii. Multiple violations of the Drug and Alcohol Use/Possession policy. ix. Individual requiring care and supervision to manage their activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, walking and transferring) without appropriate supports available on- site. Individuals discharged due to care and supervision needs cannot be discharged to the streets. x. Refusal of personal property search when probable cause exists. xi. Refusal of multiple housing opportunities; however, evidence must be present that MSC staff actively attempted to engage the resident in services designed to support MSC exit to stable housing with consideration given to each resident's barriers to engagement. xii.Absence from MSC for longer than 72 hours. If a resident is absent from their bed for 72 hours without appropriate notification to MSC staff regarding absence, the resident may be discharged. I. Grievance Process. The MSC values the dignity of all Residents and provides opportunities for fair review of any grievances against the application of MSC policies and procedures. i. Residents have the right to present their case before a neutral decision-maker (a staff person or Host Entity Team member who was not directly involved in the incident or situation of the grievance). ii. Residents must be given a written response to their appeal within a reasonable time frame. iii. When a Resident files an appeal related to his/her ability to stay in the MSC, the occupant may stay in the MSC until the appeal process is completed unless allowing the resident continued residence poses a risk to the health and safety of other residents and/or staff. Packet Pg. 475 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 19 iv. Residents must be allowed to appeal, at a minimum, decisions related to admissions denials for cause, terminations and disciplinary actions. v. Residents must be provided with information about any subsequent appeals process available through program policies or any funding agency or their respective regulations. J. Involuntary Discharge Requirements. The MSC must provide a written copy of the procedure for filing a grievance to the resident when a resident is involuntary discharged. If it is not feasible to provide the procedure at the time of discharge (e.g. the resident is being removed by law enforcement) this requirement may be waived; however, if the resident subsequently returns to the facility, the grievance procedure must be provided. A resident may be denied future admission as a result of the circumstances of discharge. The resident must be informed of the reason, the conditions that must be met for lifting the restriction, and the right to appeal, including whom to contact regarding an appeal and information about the appeal process. K. ABANDONMENT. If a Resident has been absent from the MSC for more than 72 hours without notice or communication with the Lead Advocate or Host Entity Team, the unit may be declared abandoned. When a unit has been declared abandoned, at least two (2) members of the staff or Host Entity Team will remove items from the abandoned shelter. They will document what items are present and place them in an available storage container or bag that is clearly labeled with the name of the former Resident and the date of the abandonment. These items will then be stored in a separate storage unit until such time as the owner retrieves them or 30 days have passed since the declaration of abandonment. Once items have reached the 30-day limit, the MSC will determine the proper disposal of said items during the next MSC Host Entity Team meeting. Abandoned belongings usually should not be distributed to other Residents of the same MSC, but exceptions to this rule may be determined by the Host Entity Team. 9. SAFETY PLAN. A. Residents shall report a fire or other emergency to 9-1-1. B. Residents will be notified of a fire or other emergency and evacuate based upon the designated evacuation route. A Fire Safety and Evacuation Map must be posted on a public notice board in a common area. This map must include, at minimum, clear marking of the location of all MSC exits, fire extinguishers, and gas/propane shut offs (if any). A copy of this map will be provided to the Redding Fire Department and updates submitted as needed. C. A Safety Committee shall be formed with representation from the MSC Resident Council and MSC Host Entity Team. Duties of this committee shall include the following: i. Maintenance and implementation of Emergency Response Plan for the MSC. Packet Pg. 476 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 20 ii. Oversight of fire drills and Food Storage Policy. (Ref: #10) iii. Quarterly safety inspection with attention to trip, slips, and fall hazards. iv. Quarterly testing of all smoke and CO2 detectors. v. Quarterly testing of all extension cords and power strips with an approved circuit tester. vi. Maintenance of systems and equipment installed to prevent or control fires. vii.Maintenance and control of fuel hazard sources. viii. Coordinate CPR and first aid training opportunities for Residents and staff. D. Advocates, Case Managers, or MSC staff on site shall be prepared to: i. Assist others during an emergency and provide emergency first aid pursuant with their training. ii. Take a head count after an evacuation. Identify the names and last known locations of anyone not accounted for and provide them to the Fire Official in charge. iii. Provide additional information or explanation of duties under the plan to Residents and volunteers. E. The following firefighting and fire protection measures will be taken: i. No open flames are permitted onsite. ii. ABC fire extinguishers will be accessible throughout the MSC (see Fire Safety and Evacuation Map for locations). iii. Smoke detectors and carbon monoxide alarms will be installed in common buildings and dwellings per City Code and will be inspected to insure they are functional and replaced if they are not functional. F. Emergency vehicle ingress and egress: i. A fire lane with a minimum width of 20’ will be maintained. Other details to be determined for each specific MSC. ii. A minimum 10-foot setback and right-of-way will be maintained between structures on the MSC site. G. Accessibility. MSCs will conform to pertinent requirements of the Americans with Disabilities Act (ADA) for residents as needed. https://www.ada.gov/pcatoolkit/chap7Shelterchk.htm. Beds designated as accessible must comply with federal height and distance standards requiring a minimum of 36 inches between sleeping units and a sleeping surface height between 17-19 inches above the finished floor. Beds designated as accessible must be prioritized for residents with disabilities. Program documentation must be provided in forms accessible to sight-impaired Packet Pg. 477 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 21 individuals, upon request. This documentation may take the form of Braille translation and/or use of text-to-speech technology on an electronic device. MSCs that provide transportation for residents must also make provisions for residents who need vehicles that are wheelchair accessible. H. Basic Building Standards and Fire Safety i. All facilities must comply local applicable building and fire codes. Evidence of compliance with local codes must be provided at the time of approval by City Council. ii. Facilities must have annual fire inspections conducted by the fire department and conduct regular fire drills. Training must be provided to staff on fire safety. iii. Amenities. The MSC must have a heating and ventilation system and maintain a comfortable temperature. Emergency Sleeping Cabins will comply with Appendix O of the California Building Code. iv. The MSC shall have a housekeeping and maintenance plan to ensure a safe, sanitary, clean and comfortable environment. v. The MSC shall provide each person with access to a single or double occupancy emergency sleeping cabin with a mattress and bedding (a blanket and pillow), all of which are clean and in good repair. vi. The MSC shall have a sufficient supply of functionally clean and reasonably private toilets and hand wash basins. vii. The MSC should have a sufficient quantity of functionally clean and reasonably private bathing facilities with hot and cold running water or will provide for access to bathing facilities at least twice per week through contract or other means. viii. The MSC should have laundry facilities available to residents, or access to laundry facilities nearby or transportation to laundry facilities will be provided. ix. The MSC shall provide towels, soap, toilet tissues, and feminine hygiene products. I. Maintenance and Repairs: The MSC Host Entity will be responsible for maintenance and repairs, making use as appropriate of Resident participation. J. Drinking Water. The MSC must provide access to drinking water at all times. K. Outlet Access. The MSC must provide access to electrical outlets for charging personal devices such as cell phones and medical equipment. Emergency Sleeping Cabins must have outlets as required by California Building Code Appendix O. L. Cleanliness. i. Resident Participation - Bath/toilet areas and other common use areas must be cleaned daily. MSC must have proper trash receptacles that are emptied regularly. Packet Pg. 478 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 22 ii. Both the interior and exterior of the facility must be free of debris, clutter, and unsanitary items, and there must be no obvious safety risks. M. Pest Control. i. MSC must ensure adequate provision of pest control services. ii. MSC must have a protocol in place for the prevention and control of bed bugs and lice. (See https://www.cdc.gov/parasites/bedbugs/ for best practices related to bed-bug prevention). iii. 24-hour notice must be provided to residents of pest control activities unless the type and degree of infestation requires an immediate response (e.g. bed bugs). N. Maintenance/Repair. i. Facilities must be maintained in good repair. The general appearance of the buildings and surrounding grounds must be well maintained and free from litter and offensive visual cues such as overladen shopping carts. There must be a written housekeeping and maintenance plan (Ref: Appendix O). ii. MSC must post the process for reporting maintenance concerns, acknowledge issues reported within two days, and identify the timeframe for addressing the concern. Emergency maintenance items must be immediately addressed. O. Phone Access. A telephone (land line or cell phone) must be available to staff for emergencies. Emergency numbers should be posted by the telephone or otherwise made available to on-duty staff. P. Hazardous Materials. i. In accordance with established standards, MSC must label all chemicals and cleaning supplies and keep all such materials out of reach of children. Any hazardous materials must be stored separate from food. ii. No fires, including cooking or warming fires, will be allowed on site at any time. Q. Entrance/Exits. Exits must be clearly marked and must be kept clear of blockage and tripping hazards. i. Steps must have treads or similar accommodation to prevent slipping. ii. Exit signage must be consistent with all applicable codes. R. Agency Vehicle. If an MSC location maintains a vehicle used for resident transport, the vehicle must be properly maintained, licensed and insured. All drivers must properly licensed. Provisions must be made to provide equal access to transportation services to disabled residents. 10. FOOD HANDLING AND STORAGE. A. Sanitary facilities. The MSC will provide a common area for residents to prepare and Packet Pg. 479 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 23 consume meals. All areas used for food storage, preparation, and dining must be kept clean and comply with all relevant health codes. B. Donated Food. Programs that serve food prepared off site by regular donors must provide donors with a handout that details the requirements for food preparation. All food donors must read and sign the handout to confirm knowledge of the standards and must provide current contact information (Ref: Appendix P). Programs are discouraged from accepting food that has been prepared off-site by intermittent donors. C. Meal schedule. Residents are responsible for their own meals. If meals are served, a meal schedule must be posted. D. Dietary modifications. If meals are served or food is provided for residents to use to prepare their own meals, MSC must make dietary modifications and/or provide appropriate food options based on residents’ health, religious, and/or cultural practices. As feasible, food provided should promote healthy eating. E. Dining facilities. MSC must provide a table and chairs if food is served. F. Food allergies. Any snacks and meals provided should be provided with reasonable accommodations made for known allergies, including among children residing in the MSC. Providers should be asking about food allergies at intake; however, it is the parents’ responsibility to inform the program of children’s food allergies. 11. STORAGE OF BELONGINGS. Storage of belongings is limited to Residents’ personal micro-shelter and individual locking storage unit. Locks and/or keys should be provided to Residents as needed with the understanding that the Host Entity Team also holds keys and combinations. Personal belongings that cannot be organized in the micro-shelter or locking storage unit must be stored offsite. Each Resident is responsible to organize and pay for off-site storage of personal belongings. Under no circumstances will Residents be permitted to store belongings outside, under tarps, or anywhere in the MSC besides inside their own micro-shelter cabin or lockable storage unit. The Host Entity Team of Goodwater Crossing is not able to safely store Resident belongings, including items such as weapons, medication, and vital documents. If a Resident’s recovery plan requires storage or oversight of medication or other valuables, the case manager will work with the Resident to determine how this storage or oversight will be managed using resources outside of the Host Entity Team and its paid or volunteer staff. In order to maintain a community free of clutter, each resident is responsible for maintaining a tidy unit. The MSC will provide lockable lockers which allow residents to securely store their belongings outside of their inhabited micro-shelters. Residents will have keys to these lockers and will have access to them 24 hours a day, 365 days a year. Residents will be encouraged to store any items not needed for daily use in the lockers to avoid fire hazards inside the micro￾shelter units. Packet Pg. 480 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 24 12. ANIMAL CARE. Pet owners shall assume the responsibilities for caring for their animals. Water will be available. Additional provisions may be provided at the site. Some sites may be unsuitable for pets. Pet owners are also responsible for administering all regular medications to their animals. All pets must be licensed, vaccinated, spayed and neutered. If these requirements are not met at intake, assistance can be provided to help meet these criteria. The MSC reserves the right to refuse admittance to animals that appear too aggressive for the MSC to handle. Regardless of initial presenting temperament, enforcement of MSC rules to reduce the risk of bites and other injuries must be observed and include: A. All animals should be handled only by their respective owners. No one should handle or touch pets other than their own without the owner’s permission. B. All animals on MSC property should be leashed or confined (kenneled/carrier) at all times unless in the pet area. C. All incidents involving aggressive animals are documented in writing prior to removal of the pet from the site. D. The number of pets will be determined by site suitability. E. No pets may be acquired AFTER acceptance into a MSC, unless otherwise approved through consultation with the Lead Advocate or Case Manager, and approval by the Resident Council. F. If, at any time, the MSC Resident Council finds that a pet either poses a nuisance or danger to others or is not properly cared for, the pet must leave the MSC at the instruction of the MSC Resident Council. Residents may ask the MSC Resident Council for assistance in the proper training of their pet. G. If the Resident is off site without the pet, it must be under the supervision of another willing Resident. Pets may not be left on-site unsupervised. H. The owner is responsible for food, proper health and care of their pet, and must pick up all solid waste for their pet and properly dispose of it. i. The owner must keep their pet from annoying other Residents either through trespass, barking or any other means. 13. MEDICATIONS AND STANDARD PRECAUTIONS. The MSC Host Entity Team is not equipped to distribute medications, whether prescribed or narcotic. Each site will determine the level of Resident medical needs and follow standard precautions. A. Medication MSC may not administer or dispense medication and may not require Residents to Packet Pg. 481 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 25 turn over medication, unless administered by a licensed staff person as part of an on-site supportive program in which an MSC Resident is dually enrolled. The MSC is not equipped to secure prescription medications. B. Standard Precautions Staff must comply with universal precautions and proper sharps disposal. Instructional signage will be visible at all sinks in the MSC to assist staff and Residents in maintaining hygiene safety. Standard Precautions are the minimum infection prevention practices that apply regardless of suspected or confirmed infection status in any setting where health care is delivered. • Hand hygiene. • Use of personal protective equipment (e.g., gloves, masks, eyewear). • Respiratory hygiene / cough etiquette. • Sterile instruments and devices. • Clean and disinfected environmental surfaces. C. First Aid Basic first aid supplies must be available on-site and accessible at all times. First aid kits will include, at minimum, 2 absorbent compress dressings, 25 adhesive bandages, 1 roll adhesive cloth tape, 5 single-use antibiotic ointment packets, 5 single-use antiseptic wipe packets, 1 emergency blanket, 1 breathing barrier for administering CPR, 1 instant cold compress, 2 pairs of non-latex gloves, 2 single-use hydrocortisone ointment packets, 1 roll of gauze, 5 individually-packaged sterile gauze pads, tweezers, and an emergency first aid guide as provided by the American Red Cross. D. Infectious Disease i. MSCs are a valuable partner in public health and, as such, are responsible to report any suspicion of infectious disease within the MSC or among Residents or staff (including COVID-19) to the Shasta County Public Health Line (530-225-5591 or 800-971-1999 – Emergency answering service is available 24 hours a day, seven days a week). ii. An infectious disease which significantly increases the risk of harm to other MSC residents or staff may be a reason for denial or discharge. Residents with lice or scabies or exhibiting symptoms of Tuberculosis (TB) shall be allowed to stay in the MSC unless the disease or infestation cannot be appropriately contained (e.g. due to close quarters of facility), in which case those residents may be discharged and referred to a health care provider for treatment. Packet Pg. 482 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 26 iii. MSC must comply with California Code of Regulations, Title 8, Section 5199, regarding Aerosol Transmissible Diseases (ATD) control and worker and client safety expectations: http://www.dir.ca.gov/title8/5199.HTML. For additional guidance on this regulation and for information regarding best practices for control of infectious disease, please also refer to “Preventing Tuberculosis (TB) in Homeless Shelters” published by the Los Angeles County Department of Public Health: http://publichealth.lacounty.gov/tb/docs/LATBGuidelinesforShelters.pdf 14. ALCOHOL, DRUGS, SMOKING & PARAPHENALIA. In order for Residents to begin their transition to permanent housing, alcohol and illegal drugs will not be allowed on-site at MSCs. A. Smoking. MSCs shall prohibit smoking indoors and reasonable efforts must be made to prevent smoke from entering buildings. A designated smoking area and disposal receptacle will be provided at least 20 feet away from all structures. B. Drug and Alcohol Use/Possession. MSCs must have a policy prohibiting the possession, use, or distribution of alcohol or illegal drugs on the premises. If alcohol or drugs are found, residents should be given the opportunity to dispose of the prohibited substance. Residents who choose not to dispose of the substance may be subject to interventions up to and including involuntary discharge. Resident returning to the MSC inebriated is not cause for expulsion if they do not disrupt the community. Residents will also be offered opportunities to participate in rehab programs. A single violation of this policy cannot be a reason for discharge unless the violation compromises the health or safety of other residents or staff. Multiple violations of this policy may be used as grounds for discharge. i. Admission and discharge must not be based on substance use or possession alone unless as noted above for multiple violations. ii. Drug testing of residents is prohibited unless the testing is part of an agreed upon treatment plan with the resident. Submission to drug testing cannot be a requirement for residency, and refusal to participate in drug testing cannot be the basis for involuntary discharge. iii. Being under the influence on-site may not be the basis for discharge. iv. Noncompliance with treatment or containment measures that endangers other residents may be cause for discharge. Packet Pg. 483 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 27 C. Legal and Prescribed Narcotics. Residents who are under the care of a licensed physician and have been prescribed controlled substances must notify the MSC Host Entity Team of their possession of these drugs and are responsible to securely lock these substances in their private storage at all times to prevent theft. Illegal sharing of controlled substances with other Residents could be grounds for involuntary discharge. Residents are encouraged to consider whether use of legal narcotics will support or deter their progress and, in consultation with their Case Manager and primary care provider, determine the best decision in regard to the use of legal narcotics. D. Search of Possessions. As per the signed Resident agreement, shelters and storage can be inspected when there is reason to believe that the person has in his or her possession something which may jeopardize the safety of other residents or staff, including a weapon or illegal material such as illegal drugs, or something which is interfering with the peaceful enjoyment of the facility of other residents such as food that is attracting vermin. If the person does not consent to the search, and a valid reason exists to search, the person may be given the choice of being discharged or being searched. Any other items suspected to have been used for drug related purposes will be dealt with on a case-by-case basis by the MSC Host Entity Team. 15. COUPLES. Couples must agree to abide by the following intervention policy if the couple is no longer able to cohabitate. This statement must be filled out and signed by the couple during the interview process. "We, the couple, in the event we are no longer able to live together and one person needs to move out of couple housing, will agree to MSC policy that [name] will move out of the couple's unit." Signed ____________ and ____________. 16. HEALTH AND SANITATION. A. Residents are required to participate in cleaning duties on-site. B. Residents are required to maintain basic personal hygiene, including hair, face, body, hand, feet, nail, armpit, oral, and eye hygiene. Residents struggling with hygiene issues will be offered help to comply to avoid ramifications of non-compliance. Packet Pg. 484 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 28 APPENDIX A: CONSULTATION POLICY. (REF: #2.G) A Micro-shelter Community is a transitional community that provides residents a safe place to address the issues that led to their homelessness so that they can transition into permanent housing and a stable lifestyle. In order to accomplish these goals, the health and safety of participants, volunteers, staff, and the surrounding community must be safeguarded. In the event of a life-threatening emergency, please dial 9-1-1. When a challenging resident situation or other urgent matter that is not an emergency arises, please refer to the following consultation tree to contact someone who can help: 1. If it is safe to do so, attempt to address the concern directly with the Resident(s). 2. If approaching Resident(s) is unsafe or not possible, consult with the highest-ranking staff person (volunteer or paid) currently on-site. 3. If on-site staff people are unable to address the situation and the St. James Church office is open, contact a member of the St. James Church staff for direction on addressing the situation. 4. If the St. James Church office is closed and the Lead Advocate for the Resident(s) involved is known, contact the Lead Advocate for direction on addressing the situation. 5. If the Lead Advocate is unknown or unavailable, or if the Lead Advocate is unable to resolve the situation, contact the Host Entity Team member who is on call at XXX-XXX￾XXXX. This person can be reached at any time of the day or night to address urgent matters related to the MSC. Packet Pg. 485 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 29 APPENDIX B: GOOD NEIGHBOR POLICY (REF: #4.A) In the spirit of open communication, the exchange of ideas and concerns with any neighborhood in proximity of an MSC is essential. The MSC Host Entity Team will be expected to: - Publicly post the date and time of each Host Entity Team meeting and welcome the participation and input of any interested attendees. Only the members of the Host Entity Team will vote on matters requiring a formal vote. - Make a good faith effort to include at least one resident of the immediate neighborhood around the MSC on the Host Entity Team. - Publicly post the Consultation Policy, to include contact information for MSC leadership and after-hours access for 24/7 emergency concerns. - Receive any concerns, suggestions, or questions from the surrounding neighborhood and respond to those inquiries with good faith and within a reasonable timeframe. - Provide neighbors with access to the Consultation Policy, including the 24-hour Contact phone number for pressing concerns. The MSC Residents will be expected to: - Respect the rules of the MSC, including quiet hours, cleanliness of the MSC site and surrounding neighborhood, drug policies, and behavioral guidelines for relating to neighbors with dignity and respect. - Take accountability for the behavior of any guests and pets in their care, including enforcing community rules, cleaning up after pets, and ensuring that pet vaccinations are up to date. - Hold one another accountable for rule-breaking and help to establish an atmosphere of mutual support within the MSC. MSC 24-hour Contact Phone: MSC Host Entity Email Address: MSC Postal Address: Packet Pg. 486 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 30 APPENDIX C: APPLICATION & INTAKE QUESTIONNAIRE (REF: #5.A) Date: __________________ Legal/Given Name:_______________________________________________________________ Name Used: _____________________________________________________________________ Race/Ethnicity: ___________ Gender: __________ Preferred Pronouns:___________ Driver's License/State ID number: ________________________ State issued: __________ Contact information: Phone: ______________ Email: ___________________ Address: _______________________________________________________________________ Emergency Contact Information: Relationship: ______________________Phone: _____________ Email: ___________________ Address: ______________________________________________ Date of birth: _____________ Please list three references: 1. Name: ___________________ Relationship:__________________ Phone : __________________ Email: _______________________ 2. Name: ___________________ Relationship:__________________ Phone : __________________ Email: _______________________ 3. Name: ___________________ Relationship:__________________ Phone : __________________ Email: _______________________ Circle one: Single / Married / Partnered / Divorced / Name of Partner: __________________ Do you have a pet? Yes/No If so, what kind? __________ Weight? _______ Spay/neuter? Yes/No Do you have any current vaccination documentation? Yes/No (Please submit copies as able.) How did you become unhoused? ____________________________________________________________________________ __________________________________________________________________________________ ________________________________________________________________________ Is this your first experience being unhoused? ____________________________________________ How long have you been without stable housing? ________________________________________ Most recent location? ______________________________________________________ How long have you been in the Redding Area? __________________________________ What other states have you lived in? ____________________________________________________________________________ Do you have any food allergies? If so, list here: Packet Pg. 487 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 31 Do you have a source of income? Yes / No - If so, what source(s)? a. ___________________________ b. ___________________________ Are you employed? Yes / No If so, where and how many hours/week? _____________________ _____________________________________________________________________________ Previous work experience: a. ______________________________________________________________________ . b. ______________________________________________________________________ c. ______________________________________________________________________ d. ______________________________________________________________________ e. ______________________________________________________________________ . 2. What goals do you have for yourself? a. ______________________________________________________________________ . b. ______________________________________________________________________ c. ______________________________________________________________________ d. ______________________________________________________________________ e. ______________________________________________________________________ 3. What other interests and hobbies do you have? a. ______________________________________________________________________ . b. ______________________________________________________________________ c. ______________________________________________________________________ d. ______________________________________________________________________ e. ______________________________________________________________________ ______________________________ ________________ Resident Date ______________________________ _________________ MSC Representative Date Packet Pg. 488 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 32 APPENDIX D, Part 1: BACKGROUND CHECK (REF: #5.A) We conduct a background checks on all applicants. This housing program is not suitable for those with certain criminal offenses such as current domestic violence, sexual assault, or arson. A criminal record is not necessarily disqualifying for admission into the program. Last Name: ________________ First Name: _________________ Middle Name: ______________ Date of Birth: ______________Last 4 digits of SSN:______________ Have you ever been convicted of a criminal offense? Yes / No If yes, please state the City/Town, County and State, the date of the conviction, and charges you were convicted of. (Please use the back of the sheet if you need more room). 1. ________________ _________ ______________________ __________________________ City State County Date/Yr Offense 2. ________________ _________ ______________________ __________________________ City State County Date/Yr Offense 3. ________________ _________ ______________________ __________________________ City State County Date/Yr Offense The information on this form is true and accurate to the best of my knowledge. I give permission to verify all information provided. ______________________________ ________________ Resident Date ______________________________ _________________ MSC Representative Date Packet Pg. 489 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 33 APPENDIX D, Part 2: REFERENCES (REF: #5.A) Applicant Name: _____________________________________________________________ Application Submitted: Date: _________________ Background Check Submitted. Date: _________________ Background Check Outcome: Date: ________________ 1st Reference Name: ___________________________ Response: __________________ ________________________________________________________________________________ _______________________________________________________________________________ 2nd Reference Name: _______________________________ Response:________________ _______________________________________________________________________________ _______________________________________________________________________________ 3rd Reference Name: _______________________________ Response: ________________ _______________________________________________________________________________ ________________________________________________________________________________ MSC Interview Team 1. Reviewers response Initial: ___ Candidate (Y/N) 2. Reviewers response Initial: ___ Candidate (Y/N) 3. Reviewers response Initial: ___ Candidate (Y/N) Interview Date _________________ Resolution: (Y/N) Summary: __________________________________________________________________________________ ______________________________________________________________________________ Packet Pg. 490 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 34 APPENDIX E: APPEAL FORM (REF: #5.E.iv and #8.G) Persons wishing to appeal a decision of the Micro-Shelter Community Host Entity Team or Resident Council should complete and submit the bottom half of this form to the Host Entity Team Chairperson via one of the following methods: o Email: o Postal mail: o Drop-off at the Host Entity Office Upon receipt of your appeal, the Host Entity Team will review the documents related to your admission denial or disciplinary action along with your appeal documentation. If warranted, you will be asked to speak to the Host Entity Team to answer any questions they might have. After discussion, the Host Entity Team will vote whether to uphold or revise the decision. If the decision is revised, a new agreement will be discussed with you and any involved parties. A written response to your appeal will be returned to you within 48 hours of the Host Entity Team meeting. If you have questions regarding this appeal form or the appeal procedure, please contact your Lead Advocate or the Host Entity Team Chairperson, NAME at XXX-XXX-XXXX. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MSC Notice of Appeal Name of Person Appealing Decision: Type of Decision Being Appealed: [ ] Admission Denial [ ] Disciplinary Action Reason for Appeal (check all that apply): [ ] New or missing information now available (describe below) [ ] Decision violates policies and procedures outlined in MSC Operations Manual (describe below) [ ] Applicant wishes to propose an agreement to address disqualifying behavior or circumstance (describe below) Please provide additional information about your reason for appeal: Packet Pg. 491 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 35 APPENDIX F: RESIDENT RIGHTS AND RESPONSIBILITIES (REF: #5.I-J) All incoming Residents are required to review these rights and responsibilities and agree to uphold them in writing. Resident Rights: 1. Residents have the right to be treated with dignity and respect; 2. Residents have the right to privacy within the constrictions of the MSC environment; 3. Residents have the right to be treated with cultural sensitivity; 4. Residents have the right to self-determination in identifying and setting goals; 5. Residents will receive services only in the context of a professional relationship based on valid, informed consent; 6. Residents should be clearly informed, in understandable language, about the purpose of the services being delivered, including residents who are not literate and/or have limited￾English proficiency; 7. Residents have the right to privacy and have information about when private information will be disclosed, to whom and for what purpose, as well as the right to deny disclosure, unless disclosure is required by law; 8. Residents have the right to reasonable access to records concerning their involvement in the program. Resident Responsibilities: 1. MSC Residents are required to participate in the operations and management of their site and in the process of achieving goals they set with their Case Manager. 2. Residents must abide by the MSC non-discrimination policy in their interactions with other Residents. They must show respect for the property of others and report any incidents of the theft. 3. Residents must abide by the Weapons Policy and the Drug/Alcohol Policy of the MSC. 4. Residents must abide by all site rules, including but not limited to upholding quiet hours, keeping personal and shared spaces clean and orderly, supervising pets, and ensuring that any visitors abide by site rules when in the MSC or its surrounding community. 5. Residents are required to participate regularly in Resident Council meetings to discuss ideas, share concerns, and determine solutions. 6. Residents will notify staff of any needed repairs and will not make any modifications or repairs to shelters or equipment, including but not limited to locks, lighting, and smoke detectors. 7. Residents are expected to cooperate and collaborate in the shared goal of moving all Residents toward fulfillment of their life transition and housing plans. All residents will support one another toward a positive exit into the next phase of recovery, rehabilitation, and/or permanent housing. I have received, reviewed, and understand these Rights and Responsibilities. Signature: Date Packet Pg. 492 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 36 APPENDIX G: RESIDENT COMMUNITY AGREEMENT. (REF:#5.F) An MSC is a transitional community that provides residents a safe place to address the issues that led to their homelessness. Residents are expected to contribute to the governance and reinforcement of community guidelines: I will be a positive member of this community and contribute toward making it a safe, secure, clean and pleasant place to live. Therefore I agree to the following: a. I will have respect for myself and others regardless of ethnicity, religion, gender, sexual orientation, disability, lifestyle, or economic status. b. I will not carry a weapon, store weapons at the MSC, or act violently toward others or myself. c. I will maintain mutual respect of others’ property and communicate any incidents of theft. d. I will not possess or use alcohol or illegal drugs or paraphernalia on site. I will seek help to overcome destructive addictions I may have. e. I will honor quiet hours as designated by the MSC Host Entity Team. f. I will keep my personal space clean and orderly. A small additional storage unit will be provided with each shelter. Belongings that do not fit in my shelter and storage unit will be stored off-site. g. I will participate in the operations and maintenance of our community by working schedules hours, which may include kitchen duties, maintenance and clean up, security, toilets and hand washing stations, showers, gate monitor, etc. h. I will keep my pets on a leash unless supervised in the pet area, clean up waste and dispose of it properly. I will adhere to the pet policy. i. I will contribute to the cost of operations by monthly payments, by working within the MSC community, and/or by supporting fundraising events. j. I will attend regular resident meetings to discuss ideas, concerns, and solutions. I will abide by decisions made. k. I will complete the application, background check, and intake process honestly. I understand that, if additional information reveals otherwise, I could be asked to leave. l. I will communicate with my Case Manager if this setting is not working for me, or if I have violated guidelines, and understand that arrangements for a more suitable program will be offered. Resident Signature ________________________ Date __________ MSC Representative ________________________ Date __________ Packet Pg. 493 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 37 APPENDIX H: GRIEVANCE DOCUMENT (REF: #8) Persons wishing to submit a formal complaint or grievance against a Resident, staff-person, or volunteer of the Micro-Shelter Community should complete and submit the bottom half of this form to the Host Entity Team Chairperson via one of the following methods: o Email: o Postal mail: o Drop-off at the Host Entity Office Upon receipt of your grievance, the Host Entity Team will review the documents related to your complaint. If warranted, you and other involved parties will be asked to speak to the Host Entity Team to answer any questions they might have. After discussion, the Host Entity Team will determine whether disciplinary action is warranted and how to proceed. You may be asked to participate in mediation. A written response to your complaint form will be returned to you within 48 hours of the Host Entity Team meeting. If you have questions regarding this grievance form or the complaint procedure, please contact your Lead Advocate or the Host Entity Team Chairperson, NAME at XXX-XXX-XXXX. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MSC Notice of Written Complaint or Grievance Name of Person Filing a Complaint: Name of Person Against Whom Complaint is Being Filed: Name(s) of Other Involved Individual(s): Please describe your complaint: Please describe previous steps you’ve taken to address this concern: Packet Pg. 494 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 38 APPENDIX I: GRIEVANCE NOTICE (Ref: #8) NOTICE TO ALL MSC RESIDENTS APPEAL AND GRIEVANCE POLICY 1. In cases of admissions denial, involuntary discharge, and disciplinary actions, all Residents have the right to present their case before a neutral decision-making individual or body, up to and including the Host Entity Team. 2. When requested, Residents have the right to have an advocate present during the appeal or grievance process. Reasonable efforts will be made to coordinate with a Resident’s advocates in order to schedule meetings when the Resident’s advocate of choice is available. 3. The Host Entity Team must respond in writing to any written appeal or complaint within 48 hours of the Host Entity Team meeting in which a decision is made. 4. Residents who are involuntarily discharged from the MSC have the right to stay in the MSC until the appeal process is completed unless the Resident’s continued presence in the MSC poses a risk to the health and safety of other residents and/or staff. 5. Applicants and Residents have the right to appeal admissions denials for cause, involuntary discharge decisions, and disciplinary actions. 6. Any subsequent appeals processes beyond appeal to the Host Entity Team as provided by funding agencies or other partner organizations will be added to this notice when available. Packet Pg. 495 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 39 APPENDIX J: EMERGENCY RESPONSE PLAN (REF: #9) The following information must be posted in a public area in the MSC and reviewed at least monthly at MSC Resident Council meetings and with new residents upon intake. 1. Fire extinguishers and emergency evacuation routesfrom the MSC are clearly marked on the MSC Emergency Evacuation Map, which accompanies this notice. 2. In the event of an emergency evacuation of the MSC, all residents will leave the MSC and gather immediately at the front of St. James Lutheran Church to be accounted for and assisted by first responders as needed. If the situation requires evacuation to a further distance, the gathering location will be the parking lot of the Chevron north of Rt 44 on Shasta View Dr. 3. Residents are encouraged to keep a “go bag” with items such as bottled water, flashlight, whistle, personal hygiene products, prescription medication or a list of prescriptions, a cell phone charger, basic emergency pet supplies, copies of vital records, and first aid supplies. This bag should be prepared at all times in case of an emergency evacuation from the MSC. Residents may request assistance from the MSC Safety Committee in preparing a bag. 4. The highest-ranking volunteer on site at the MSC at the time of an emergency will be considered the leader of the emergency response until a higher-ranking volunteer or staff person arrives. If no staff person is on site at the time of the emergency, the chairperson of the MSC Resident Council will take the leadership role. This leader is responsible for gathering all evacuees, calling 9-1-1 if needed, and assessing and responding to injuries of any residents or volunteers until help arrives. Residents interested in training for basic emergency response will be supported in this effort. 5. The MSC will install and maintain signage indicating the direction of exits from the gated MSC area. 6. The MSC Safety Committee will conduct one fire drill and one shelter-in-place exercise on, at minimum, a bi-monthly basis. These drills should include all current residents of the MSC and several volunteers or staff members on a rotating basis. 7. The Host Entity Team or its designee will maintain an updated list of current residents’ names, phone numbers, potential emergency support needs, and pet names and types for use in an emergency. Copies of this list, along with an accurate map of the MSC, will be kept in a secure but accessible location for reference during an emergency response. 8. At least one resident should be trained in locating and turning off utilities in the event of an emergency, especially gas or propane lines, if any. 9. In the event of a large-scale emergency like an earthquake, all residents will attempt to contact their lead advocate to report their safety status and location. If phone lines are down, residents should gather at St. James Lutheran Church if able or report to the nearest Red Cross shelter and register with their Reunification program so that leaders of the MSC can find them. Packet Pg. 496 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 40 APPENDIX K: PET OWNERSHIP AGREEMENT (REF: #12) Micro-Shelter Community Pet Ownership Agreement Pet ownership is often an important part of the development of social and economic mobility for individuals who have previously experienced homelessness. This MSC makes reasonable accommodations for pet owners who reside at the MSC. Upon intake, Residents with pets must review and sign the following agreement. Current residents will typically be prohibited from adopting new pets after intake, but exceptions can be made in consultation with case managers, lead advocates, and the Resident Council. The MSC will: - Provide safe and clean drinking water at the MSC. - Assist the Resident in meeting licensing, vaccinating, and spay/neuter requirements as needed. - Monitor the behavior of pets to ensure the safety of all Residents and staff. The pet owner will: - Care for the basic needs of the pet, including provision of adequate water, food, and shelter. - Administer all regular medications to their pets. - Pursue licensing, vaccinations, and spaying/neutering of their pet as needed. - Handle or touch only their own pets unless given permission by the owner. - Leash or kennel their pet at all times unless in an enclosed pet area. - Report any incidents involving aggressive animals, including their own, to the Host Entity Team. - Pursue proper training of all pets in order to avoid removal of the pet due to excessive nuisance or danger to others. Owners are responsible for preventing pets from trespassing in other Resident’s private space, excessive noise-making, and other sources of nuisance. - Place the pet into the care and supervision of another willing Resident or staff person when the Resident is off-site without the pet. - Clean up all solid waste from their pet and properly dispose of it. - Abide by any decisions made by the Host Entity Team to remove the pet from the MSC due to chronic aggressive behavior or nuisance. I have reviewed and agree to abide by these regulations regarding my pet(s). Signature of Resident/Owner: Name(s) of Pet(s): Packet Pg. 497 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 41 APPENDIX L: NOTICE OF PRIVACY PRACTICES (REF: 5.I.i) This notice describes how information about you may be used and disclosed and how you can get access to this information. Please review it carefully. Your information is personal, and the MSC team is committed to protecting it. Your information is also very important to our ability to provide you with quality services and to comply with certain laws. How we may use and disclose your information: - MSC partners and agencies may use or disclose your information to other personnel of the MSC or its partner agencies in order to coordinate your care. - We may use and disclose your information to recommend service options or alternatives that may be of interest to you. - We will use and disclose information when required by federal, state, or local law or regulation. - We may use and disclose your information when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. This could include disclosure of your information to the appropriate governing authority if we believe you have been the victim or perpetrator of abuse, neglect, or domestic violence if such disclosure is required by law. Your rights regarding your information: - You have the right to inspect and obtain copies of your information from our records. If you feel that your information is incorrect or incomplete, you may submit a written request to your case manager. This request will become part of your record. - You have the right to request additional restrictions when disclosing your information. This request must be made in writing and include what information you want to limit, the type of limitation, and to whom you want the limitation to apply. Reasonable effort to accommodate these requests will be made as allowed by federal, state, and local law and the policies and procedures of the MSC. Your responsibilities: - You agree to keep private any information you overhear in or around the MSC related to another Resident’s health diagnosis, concerns, or complications, substance use issues, mental health concerns, family concerns, etc. - You agree to share information with your case manager and Lead Advocate that is pertinent to your care, recovery process, and the goals you have set for yourself. I acknowledge that I have received and reviewed this Notice of Privacy Practices and agree to abide by it. Resident Signature Date: Packet Pg. 498 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 42 APPENDIX M: ABUSE REPORTING DOCUMENT (REF: #8.B) Part of living in community is helping to keep each other safe and hold each other accountable for appropriate behavior and treatment of others. If you have witnessed or suspect that an MSC Resident, staff-person, or volunteer has been the victim of perpetrator of sexual, emotional, or verbal abuse, please complete this document and submit it to the Host Entity Team Chairperson via on of the following methods: o Email: o Postal mail: o Drop-off at the Host Entity Office Please note that any adult caregivers to elderly persons are considered Mandated Reporters in the state of California and are therefore required by law to report any witnessed or suspicion of abuse. If you have questions regarding this abuse reporting form or your legal obligations, please contact your Lead Advocate or the Host Entity Team Chairperson, NAME at XXX-XXX-XXXX. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MSC Report of Suspected or Known Abuse of or by a Resident, Staff-person, or Volunteer Name of Person Filing Report: Name(s) of Suspected/Known Victim(s) if known: Name(s) of Suspected/Known Perpetrator(s) if known: Please describe the incident: Packet Pg. 499 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 43 APPENDIX N: MSC DRUG/ALCOHOL AGREEMENT (REF:#14.B) In order for Residents to begin their transition to permanent housing, alcohol and illegal drugs will not be allowed on-site at MSCs. Upon intake, new Residents must review and sign the following agreement: - Residents will not smoke indoors or within 20 feet of MSC facilities. A designated smoking area and disposal receptacle will be provided. - Residents may not possess, use, or distribute alcohol or illegal drugs on the MSC premises. If alcohol or drugs are found, the Resident will be given the opportunity to dispose of the prohibited substance. A single violation of this policy cannot be a reason for involuntary discharge unless the violation compromises the health or safety of other Residents or staff. Multiple violations of this policy may be used as grounds for involuntary discharge. - Residents returning to the MSC under the influence of alcohol or illegal drugs will not be subject to disciplinary action as long as they do not disrupt the community. Residents will be encouraged to participate in drug/alcohol rehab programs as part of their recovery plan. - Admission, discharge, and service restriction policies must not be based on substance use or possession alone unless as noted above for multiple violations. - Drug testing of residents is prohibited unless the testing is part of an agreed upon treatment plan with the resident. Submission to drug testing cannot be a requirement for residency, and refusal to participate in drug testing cannot be the basis for involuntary discharge. - Noncompliance with treatment or containment measures that endangers other residents may be cause for discharge. - Residents who are under the care of a licensed physician and have been prescribed controlled substances must notify the MSC Host Entity Team of their possession of these drugs and are responsible to securely lock these substances in their private storage at all times to prevent theft. Illegal sharing of controlled substances with other Residents could be grounds for involuntary discharge. I have reviewed the above policies and had opportunity to discuss and ask questions about it. I understand the policies and agree to abide by them during my time as a Resident of the MSC. Resident Name: Resident Signature: Signature of Intake Official: Date: Packet Pg. 500 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 44 APPENDIX O: SAMPLE HOUSEKEEPING AND MAINTENANCE PLAN (REF: #9.N) MSC HOUSEKEEPING PLAN, WEEK OF MAY 14 TASK ASSIGNED PERSON COMPLETION INTIALS Daily Restroom Check: wipe down sinks and counters, check and replenish paper supplies, clean toilet bowl Monday _____ Tuesday _____ Wednesday _____ Thursday _____ Friday _____ Saturday _____ Sunday _____ Bi-Weekly Kitchen Clean-up: scour sink, wipe and sanitize counters and tables, clean refrigerator, notify Residents of expired food in fridge, wipe inside and outside of microwave, sweep common area floors Monday _____ Thursday _____ Property and Garden Care: Pick up any loose trash on the ground inside or outside the fenced MSC, empty common trash cans into church dumpster, water shared garden areas, wipe debris from park benches, sweep outdoor pathways Monday _____ Thursday _____ Saturday _____ MSC MAINTENANCE PLAN, MONTH OF JULY TASK ASSIGNED PERSON COMPLETION INITIALS Bi-Monthly Safety Check: visual inspection of electrical outlets and lighting in common areas, visual inspection of gate function and exterior fence integrity, check for presence and function of emergency 1st week of the month _____ Packet Pg. 501 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 45 materials in the emergency area (including cell phone, emergency phone numbers, fire extinguisher, evacuation plan, etc) 3rd week of the month _____ Evacuation Drill One time per month _____ Monthly Facility Check: visual inspection of facilities and grounds looking for decay, pests, and repair needs One time per month _____ Packet Pg. 502 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 46 APPENDIX P: DONATED FOOD SAFETY STANDARDS AGREEMENT (#10.B) Thank you for your willingness to support our Micro-shelter Community with donations of prepared food! In order to ensure the safety of the food provided to our Residents and other participants, we ask that you review and sign the following food preparation guidelines: 1. Ensure food preparation surfaces, dishes, and utensils are clean and in good condition. 2. Check supplies to ensure food is packaged safely, at the correct temperature, not expired, and is clean and undamaged. 3. Ensure that raw and ready-to-eat foods are stored and handled separately. Raw meat, poultry, and fish should be stored below ready-to-eat food in a clearly distinguishable part of the refrigerator and in covered containers. Do not reuse plates or containers that have held raw meat. 4. Make sure food is cooked and prepared properly and is kept covered to help prevent contamination. Beef, veal, lamb, roasts, and chops should be cooked to 145°F. Pork and ground beef should be cooked to 160°F. Poultry should reach a safe minimum internal temperature of 165°F. 5. Use good hygiene when preparing and serving food. Wash hands, use gloves, secure jewelry, and cover or pull back hair. 6. Provide notification to MSC leaders of the presence of any common allergens in dishes you donate. 7. Ensure that hot food is kept at at least 140°F and cold food is kept at approximately 40°F. No food should be left at room temperature for more than two hours. Food left out for more than two hours should be discarded. I, , have read and reviewed these food safety standards and agree to abide by them for the safety of the participants in our Micro-shelter Community. Signature: Date: Phone number: Email: Packet Pg. 503 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) GOODWATER AVE SHASTA VIEW DRIVE ST. JAMES LUTHERAN CHURCH EMERGENCY SLEEPING CABINS ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA CONSTRUCTION SITE LOCATION JOB NUMBER SHEET NUMBER DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP TITLE SHEET C0.1 EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT 04.15.22 20.340.1 FEET 0 40 80 Packet Pg. 504 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site) JOB NUMBER SHEET NUMBER DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP GENERAL NOTES C0.2 EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT 04.15.22 20.340.1 Packet Pg. 505 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site) GOODWATER AVE SHASTA VIEW DR ST. JAMES LUTHERAN CHURCH JOB NUMBER SHEET NUMBER DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP PARTIAL SITE SURVEY & DEMO PLAN C1.0 EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT 04.15.22 20.340.1 FEET 0 20 40 Packet Pg. 506 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site) GOODWATER AVE EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT 04.15.22 20.340.1 FEET 0 10 20 JOB NUMBER SHEET NUMBER DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP PROPOSED SITE PLAN C2.0 Packet Pg. 507 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site) GOODWATER AVE EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT 04.15.22 20.340.1 FEET 0 20 40 JOB NUMBER SHEET NUMBER DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP PROPOSED UTILITY PLAN C3.0 Packet Pg. 508 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site) GOODWATER AVE JOB NUMBER SHEET NUMBER DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP GRADING PLAN C4.0 EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT 04.15.22 20.340.1 FEET 0 20 40 Packet Pg. 509 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site) ” JOB NUMBER SHEET NUMBER DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP ACCESSIBILITY REQUIREMENTS & SITE DETAILS C7.0 EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT 04.15.22 20.340.1 Packet Pg. 510 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site) GOODWATER AVE JOB NUMBER SHEET NUMBER DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP EROSION CONTROL PLAN C9.0 EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT 04.15.22 20.340.1 Packet Pg. 511 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site) JOB NUMBER SHEET NUMBER DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP ELECTRICAL NOTES & SINGLE LINE E0.1 EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT 04.15.22 20.340.1 Packet Pg. 512 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site) JOB NUMBER SHEET NUMBER DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP ELECTRICAL LOAD CALCS, PANEL SCHEDULE & DETAILS E0.2 EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT 04.15.22 20.340.1 Packet Pg. 513 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site) EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT 04.15.22 20.340.1 FEET 0 10 20 JOB NUMBER SHEET NUMBER DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP SITE ELECTRIC PLAN E1.0 Packet Pg. 514 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Authorize the Mayor to execute a Development Agreement (DA) with Redding Lowden Lane, LP, (Developer) providing a City of Redding (City) Loan in an amount not-to-exceed $5,500,000 financed by the Community Development Block Grant (CDBG) Disaster Recovery Multifamily Housing Program (DR-MHP) funds, and an Infill Infrastructure Grant (IIG) loan in an amount not-to-exceed $1,989,650, for the development of the Lowden Lane Senior Apartments (Project) located at 2775 Lowden Lane; and authorize the City Manager, or designee, to execute the DA, the CDBG DR-MHP funding documents, and any other documents necessary to complete the project transaction. Fiscal Impact The State of California Department of Housing and Community Development (HCD) is the lead agency administering CDBG DR-MHP funds. These funds are granted to jurisdictions to provide financing to build income-qualifying housing projects. The City of Redding was allocated $16,660,145 in grant funds to be utilized for eligible projects and staff activity delivery costs. On June 26, 2020, IIG funds were awarded to the developer and the City of Redding by HCD to fund the Lowden Lane Senior Apartments Project (project). CDBG DR-MHP and IIG are both grant funds which have no impact to the General Fund. Alternative Action The City Council (Council) could modify the DA and provide an alternative direction to staff. Any modifications would require additional negotiations with the developer which could cause a delay and could ultimately prevent the project from moving forward. The Council could alternately choose not to approve the DA and provide an alternative direction to staff. MEETING DATE: May 17, 2022 ITEM NO. 9.2(b) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 9.2(b)--Consider approving Development Agreement for Lowden Lane Senior Apartments. Steve Bade, Deputy City Manager Packet Pg. 515 Report to Redding City Council May 12, 2022 Re: 9.2(b)--Development Agreement for Lowden Lane Senior Apartments Page 2 Background/Analysis CDBG DR-MHP As a result of the wildfires that affected California in 2018, the Federal Emergency Management Agency declared a presidentially declared disaster in five counties, including Shasta County, for the Carr Fire. In recognition of the unmet recovery needs, the U.S. Department of Housing and Urban Development allocated CDBG DR funds to HCD to serve as the lead and responsible agency to administer the CDBG DR funds. HCD undertook an extensive needs assessment to determine the specific priorities of the affected counties including community outreach and analysis that resulted in four CDBG DR Program categories: housing, infrastructure, economic revitalization, and planning. The majority of funds are allocated to housing recovery to address the unmet rental housing needs in affected counties. To meet the unmet rental housing needs, HCD created the CDBG DR-MHP. The City was allocated $16,660,145.58 to support the development of multifamily projects that include apartment complexes and mixed-use developments. In February 2021, the Council adopted a resolution authorizing the allocation of the CDBG DR￾MHP; authorized the City Manager to execute HCD’s Master Standard Agreement (completed May 2021); and directed staff to issue a Request for Proposals (RFP) that provided developers an opportunity to submit multifamily project proposals that consisted of more than eight units. In September 2021, staff issued the RFP – to date, the Housing Division has received seven submittals. The first four multifamily project requests were approved by the Council on March 15, 2022. IIG On January 21, 2020, the Council adopted Resolution No. 2020-002 authorizing staff to jointly submit with Central California Housing Corporation, an IIG Program application to HCD to assist with the funding of infrastructure for the project. On June 26, 2020, HCD awarded the developer and the City $1,989,650 of IIG Small Jurisdiction funds to go toward the project. The standard agreement for the funds has been executed and the corresponding disbursement agreement has been circulated for signatures. The developer and the City have agreed that the City would receive the IIG funds, and then loan the grant funds to the developer to perform work on the project with the terms and conditions specified below. Lowden Lane Senior Apartments Location: 2775 Lowden Lane # of Units: 61 (60 income-qualifying units plus one manager’s unit) Unit Mix: 53 – one bedroom; eight – two bedrooms; Limited Partnership: Redding Lowden Lane, LP City CDBG DR-MHP Loan Amount, Terms and Conditions: Under the proposed DA, the City’s Loan would be a residual receipts loan in an amount not-to￾exceed $5.5 million at one percent interest for a 55-year term. Repayment of the loan is contingent upon the ability of the project to generate residual receipts; that is, revenue in excess of approved operating expenses. At the end of the 55-year term, any principal and interest balance will be due and payable to the City. Packet Pg. 516 Report to Redding City Council May 12, 2022 Re: 9.2(b)--Development Agreement for Lowden Lane Senior Apartments Page 3 City IIG Loan Amount, Terms and Conditions: The City’s $1,989,650 IIG loan would be zero percent interest for a 55-year term. At the end of the loan term, any principal would be due and payable to the City. Total Estimated Project Costs: $34.8 million Project Status: The developer is in the process of closing its financing which is projected to be completed by the end of May 2022, construction would start in June 2022 and final occupancy is slated for June 2024. Should the Council approve the project, CDBG DR-MHP and IIG funds in the amount of $5,500,000 and $1,989,655 respectively would collaboratively leverage total funding in the amount of $27,388,281 to create 60 income-qualifying units and one market-rate unit within our community. Additional requests of CDBG DR-MHP funding for income-qualifying housing projects will be submitted to the Council for approval in the coming months. All CDBG DR-MHP projects must be submitted to HCD for final approval no later than December 31, 2022. Council Priority/City Manager Goals • Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.” • Economic Development- “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.” Attachments Lowden Lane DA Packet Pg. 517 Packet Pg. 518 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 519 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 520 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 521 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 522 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 523 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) intended for speculation in land holding. It is contemplated by the parties that all activities undertaken by Developer will be in accordance with this Agreement. All attachments and exhibits are hereby incorporated into this Agreement by reference. 2.2 Scope of Work. It is contemplated by the parties that the Developer will construct an affordable rental housing development consisting of 61-unit affordable rental housing development consisting of 53 one-bedrooms, 8 two-bedrooms and no three-bedroom units, including one manager's unit along with common areas and infrastructure to support the housing development. The specific scope of work to be carried out by the Developer under this Agreement is more particularly described in this Agreement, the Scope of Development and the Project Final Plans. 2.3 Term. This Agreement shall commence as of the Effective Date and proceed as required by the Agreement and the Schedule of Performance, and, except for any deed restrictions, covenants running with the land, deed of trust or promissory note, or other agreements or provisions which by their terms survive the term of the Agreement, shall terminate upon the completion of all of the following: a) Completion of the construction of the Project m accordance with the Agreement and Project Specifications; b) Fulfillment by the parties of their obligations under this Agreement. 3. PROJECT FINANCING. 3.1 City Assistance. The City Assistance shall consist of the following: 3.1.1 City Loan-CD BG DR-MHP. In order to effectuate the completion of the Project on the Property by the Developer, the City shall provide a loan in an amount not to exceed Five million five hundred thousand ($5,500,000) pursuant to the terms and conditions described in subsection 3.2., 15.27 and this Agreement (the "City Loan") for the construction of affordable housing and any necessary infrastructure improvements for development of the Project. The City Loan shall be funded with CDBG DR-MHP funds or any other funds deemed necessary to fulfill the City's obligation under this Agreement. 3.1.2 City Loan - IIG. In addition to the loan provided in 3.1.1, theCity shall provide a loan not to exceedOne million nine hundred eighty-nine thousand six hundred fifty ($1,989,650)for infrastructure improvements stipulated under the IIG LoanAgreement, Exhibit 3C. 3.1.3 Hereafter, the City Loan CDBG DR-MHP and City Loan - IIG shall collectively be referred to as "City Loan or City Loans(s)". 3.2 City Loan Term(s). The City Loan shall each be loaned pursuant to the terms and conditions described in this Agreement. 3.2.1 Terms and Conditions. The City Loan(s) shall be evidenced by the City Loan Promissory Note(s) in favor of City for the full amount of the City Loan(s). All payments of principal and interest on the City Loan will be residual receipts in nature as described in the City Loan Promissory Note(s). The term of the City Loan(s) and interest accrual shall commence upon the date of the City Loan Promissory Note(s) and mature as indicated in the respective promissory note. Development Agreement Between City of Redding and Redding Lowden Lane, LP Packet Pg. 524 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 525 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 526 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 527 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 528 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 529 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 530 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 531 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 532 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 533 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 534 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 535 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 536 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 537 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 538 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 539 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 540 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 541 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 542 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 543 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 544 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 545 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 546 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 547 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 548 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 549 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 550 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 551 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 552 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 553 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 554 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 555 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 556 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 557 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 558 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 559 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 560 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 561 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 562 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 563 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 564 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 565 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 566 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 567 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 568 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 569 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 570 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 571 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 572 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 573 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 574 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 575 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 576 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 577 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 578 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 579 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 580 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 581 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 582 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 583 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 584 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 585 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 586 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 587 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 588 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 589 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 590 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 591 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 592 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 593 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 594 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 595 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 596 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 597 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 598 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 599 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 600 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 601 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 602 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 603 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 604 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 605 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 606 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 607 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 608 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 609 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 610 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 611 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 612 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 613 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 614 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 615 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 616 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 617 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 618 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 619 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 620 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 621 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 622 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 623 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 624 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 625 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 626 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 627 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 628 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 629 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 630 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 631 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 632 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 633 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 634 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 635 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 636 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 637 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 638 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 639 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 640 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 641 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 642 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 643 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 644 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 645 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 646 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 647 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 648 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 649 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 650 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 651 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 652 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 653 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 654 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 655 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 656 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 657 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 658 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 659 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 660 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 661 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 662 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 663 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 664 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 665 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 666 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 667 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 668 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 669 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 670 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 671 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 672 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 673 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 674 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 675 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 676 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 677 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 678 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 679 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 680 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 681 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 682 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 683 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 684 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 685 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 686 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 687 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 688 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 689 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 690 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 691 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 692 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 693 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 694 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 695 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 696 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 697 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 698 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 699 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 700 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 701 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 702 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 703 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 704 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 705 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 706 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 707 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 708 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 709 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 710 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 711 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 712 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 713 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 714 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 715 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 716 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 717 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 718 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 719 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 720 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 721 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 722 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 723 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 724 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Accept Redding Electric Utility’s Fiscal Year 2021-22 Third Quarter Financial Report and Industry Activities Update. Fiscal Impact There is no fiscal impact related to accepting this report. Alternative Action The City Council (Council) could choose not to accept the report and provide further direction to staff. Background/Analysis Attached for review and information purposes is Redding Electric Utility’s (REU) financial report for the third quarter. The report provides year-to-date comparisons to the current budget and the same year-to-date results for the prior year. This financial report contains unaudited results through March 31, 2022. Operating revenues are reported as billed. Costs for energy, other operating expenses, and capital outlay are recorded when paid. Debt service will be paid twice this year (in December and June). For this report, debt payments are spread evenly over the year, which allows for a more helpful picture of the financial results throughout the year. These recorded results are preliminary and subject to revision until the final audit is complete. Projections are based on normal weather trends and known industry activity. If actual weather conditions are above or below average for the month or unexpected industry disruption occurs, revenue and expenses will increase or decrease accordingly. REU’s residential and small MEETING DATE: May 17, 2022 ITEM NO. 9.5(c) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 9.5(c)--Consider Redding Electric Utility's Quarterly Financial Report and Industry Activities Update. Nick Zettel, Interim Director of Redding Electric Utility Packet Pg. 725 Report to Redding City Council May 9, 2022 Re: 9.5(c)--Electric Utility's Quarterly Report - 3rd Quarter Page 2 commercial rate structures are heavily weighted on volumetric charges ($/kWh), and abnormal weather causes more significant variances in Net Operating Results, emphasizing the difference between the rate structure and cost structure. The March year-to-date quarterly Financial Report shows REU performed better than expected primarily due to savings in System O&M. The cash reserve balance is within the City Council’s Financial Management Policy. Staff will present an updated five-year financial plan, and highlight structural changes from the five-year financial plan the Council approved in 2021 as part of the biennial budget process. Revenue Billed retail revenue was $2,901,055 (3.1 percent) above the projection through March. Total wholesale sales for the period were $11,529,414 (110.4 percent) above projections. Overall, operating revenue came in $13,278,305 (12.2 percent) above forecasts. On balance, operating revenue after energy costs was $1,011,106 (1.9 percent) above expectations. The primary driver for increased wholesale sales was sales into the California Independent Systems Operator (CAISO) and participation in the Energy Imbalance Market (EIM). Expenses Power Cost (Cost of Energy) The combined costs for generation, purchases from the Western Area Power Administration (WAPA), Big Horn Wind Project, contracts, and the spot market were $12,267,199 (21.6 percent) above budget projections through the third quarter. The actual cost of Redding Power Plant (RPP) generation was higher than forecast due to an increase in load, the ongoing drought’s impact on hydro deliveries, price of natural gas, and the inclusion of gas purchases for wholesale energy sales. Total Cost of Energy increased by $8,005,135 (13.1 percent) from the previous fiscal year. System Operations & Maintenance (O&M) System O&M costs through the third quarter were $3,561,917 (13.5 percent) below projections. Approximately 50 percent of these savings are attributable to employee vacancies. Other factors are the timing of expenditures and delays in professional services engagements. Net Operating Results Recorded data through the third quarter shows positive net financial results before debt service and capital outlay of $17,913,595; these results are $5,038,760 better than budget projections, primarily due to System O&M savings. Debt Service and Capital Outlay Debt service payments and obligations through the third quarter totaled $9.6 million. Capital Expenditures through the third quarter totaled $11.3 million (40.9 percent spent). It should be noted that Capital encumbrances total approximately $8.1 million (projects in progress), which is included in REU’s remaining capital budget of $16.3 million. Packet Pg. 726 Report to Redding City Council May 9, 2022 Re: 9.5(c)--Electric Utility's Quarterly Report - 3rd Quarter Page 3 Special Fund Expenditures Special Fund Expenditures include Public Benefit and Cap-and-Trade Programs, totaling $5,895,484 (33.6 percent spent) through the third quarter. Nearly all of the remaining Special Fund budget has been allocated to Council-approved programs and initiatives. Electric Utility Unrestricted Cash Balance At the end of the third quarter, the unrestricted cash balance was $52.9 million and represented approximately 136 days of cash on hand. Funding for unencumbered capital projects totaling roughly $8 million is included in the unrestricted cash balance and represents approximately 20 days of cash on hand. The City Council Financial Management Policy has a goal of 150 days of cash on hand – 75 days for Operating Costs (i.e., higher energy costs), 30 days for System Critical Failure (i.e., wildfire), and 45 days for Rate Stabilization. Director’s Contingency Fund The REU Director’s Contingency Fund was not utilized through the third quarter. Council Priority/City Manager Goals • Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.” c: Allyn F. Clark, Finance Director Attachments ^Attachment 1 - Notes on Financial Operating Statement ^Attachment 2 - Electric Utility Financial Results for Mar 2022 ^Attachment 3 - Electric Utility Financial Dashboard for Mar 2022 ^Attachment 4 - Electric Utility Unrestricted Cash Balance Mar 2022 ^Attachment 5 - Industry Update Packet Pg. 727 City of Redding Electric Utility Quarterly Financial Report Notes on Financial Operating Statement Operating revenues are divided into three revenue elements: Retail Sales are sales of electricity to end-use customers; Wholesale Sales are to customers who resell electricity; Other Revenue includes the sale of services, joint-pole arrangements, interest income, and other miscellaneous revenue generated in the operations of Redding Electric Utility (REU). Operating Expenses are divided into two expense elements: Power Cost (Cost of Energy) and System Operation & Maintenance (O&M). Cost of Energy summarizes Purchased Power costs. The main sources of purchased power REU uses include Western Area Power Administration deliveries, as well as long-term contracts for Wind Energy through M-S-R. Fuel expenses and purchases from the spot market along with expenses associated with participation in the California Independent System Operator make up the remainder. The Generation and Transmission component comprises power plant variable costs (fuel) and fixed costs (all non-fuel costs), as well as all JPA costs (M-S-R and TANC), except Wind Energy. The budgets for Wholesale Sales and Power Costs are based on known contracts and confirmed resources. Throughout the year, effort is made to provide the most efficient source of energy for our ratepayers. This is often done by buying and selling natural gas or electricity to reduce the overall cost. This could include selling natural gas and replacing it with electricity that is less expensive than burning the gas in our own power plant. It could also include selling energy that we have contracted for at one trading hub and buying it at another trading hub that is less expensive. It could also include maximizing the value of our gas storage facility to buy natural gas in one month when it is less expensive and use it or sell it in another month. All these types of transactions have net benefits to our customers, but greatly inflate the Wholesale Sales and Cost of Energy numbers in excess of their original budgets. This is because accounting rules require us to record these transactions at their gross revenue and expense amounts and not on the net benefit to the Utility. System O&M Expenses summarizes costs for all other functional groups, i.e. Administration, Customer Services, Engineering, Financial Services, Line, Compliance, and Resources. Special Revenue funds, i.e. Public Benefits and Cap-and-Trade, are shown separately. Debt Service is paid twice per fiscal year, once in December and again in June. Capital Outlay includes current-year appropriations as well as unfinished projects approved by the Council in prior years. Attachment 1 Packet Pg. 728 Attachment: ^Attachment 1 - Notes on Financial Operating Statement (9.5(c)--Electric Utility's Quarterly Report - 3rd Quarter) ELECTRIC UTILITY FINANCIAL RESULTS ‐ MARCH 31, 2022 YTD‐Actual YTD‐Budget Variance Variance YTD‐Actual March March % Value March Item FY2022 FY2022 FY2022 FY2022 FY2021 Energy System Load (MWh) 578,968                          557,727 3.8% 21,241                               589,222 Operating Revenues Retail Sales 96,314,055                93,413,000 3.1% 2,901,055                     96,205,365 Wholesale Sales 21,968,540                10,439,127 110.4% 11,529,414                  18,590,609 Miscellaneous Income 4,068,699                     ‐ 5,220,862 22.1% (1,152,163)                     3,389,035 Total Operating Revenues 122,351,294          109,072,989 12.2% 13,278,305               118,185,009 Operating Expenses Power Cost Purchased Power 19,115,757                13,223,779 44.6% 5,891,978                     19,524,447 Generation, Transmission and JPA (Variable) 26,123,880                19,241,837 35.8% 6,882,043                     21,770,293 Generation A&G and O&M (Fixed) 23,924,095                 ‐ 24,430,917 2.1% (506,821)                       19,863,857 Subtotal Power Cost 69,163,732              56,896,532 21.6% 12,267,199                 61,158,597 System O&M General & Administrative 5,359,965                     ‐ 5,453,573 1.7% (93,608)                           3,796,546 Payment in Lieu of Tax 4,098,000                    4,098,000 0.0% 0                                      4,573,193 Transmission & Distribution 19,097,178                 ‐ 21,917,807 12.9% (2,820,628)                   15,542,134 Customer & Field Services 6,718,824                     ‐ 7,832,242 14.2% (1,113,418)                     6,217,673 Subtotal System O&M 35,273,968               ‐ 39,301,622 10.2% (4,027,654)                 30,129,545 Total Operating Expenses 104,437,699 $   $    96,198,154 8.6% 8,239,545 $          $    91,288,141 Net Operating Revenue 17,913,595 $     $    12,874,835 39.1% 5,038,760 $          $    26,896,867 Total Debt Service 9,589,178 $        $        ‐ 9,589,178 $            ‐ $                      $       9,585,240 YTD‐Actual Budget % of Budget Budget YTD‐Actual March Annual Spent Remaining March Item FY2022 FY2022 FY2022 FY2022 FY2021 Capital Outlay Capital Outlay (Revenue Funded) 11,306,682                27,615,700 40.9% 16,309,018                    5,337,602 Capital Outlay (Bond Funded) Total Capital Outlay 11,306,682 $     $    27,615,700 40.9% 16,309,018 $        $       5,337,602 Special Fund Expenditures Public Benefit Programs 2,943,061                    6,714,040 43.8% 3,770,979                       4,233,652 Cap‐and‐Trade Programs 2,952,424                  10,849,840 27.2% 7,897,416                       4,549,514 Total Special Fund Expenditures 5,895,484 $        $    17,563,880 33.6% 11,668,396 $        $       8,783,165 Financial Results (8,877,749) $      $       3,190,860 Council Report Packet Pg. 729 Attachment: ^Attachment 2 - Electric Utility Financial Results for Mar 2022 (9.5(c)--Electric Utility's Quarterly Report - 3rd Quarter) ELECTRIC UTILITY FINANCIAL DASHBOARD ‐ MARCH 31, 2022 2.0 3.03.33.6 3.2 3.3 3.0 1.92.9  ‐ 2 4 6 8 10 12 14 16 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN $‐Millions Retail Sales ($‐Millions) Cummulative Difference 2021 Actual 2022 Actual 2022 Budget ‐0.3 0.7 1.9 1.1 3.6 3.7 5.6 7.6 8.2 (2)  ‐ 2 4 6 8 10 12 14 16 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN $‐Millions Operating Expense ($‐Millions) Cummulative Difference 2021 Actual 2022 Actual 2022 Budget Packet Pg. 730 Attachment: ^Attachment 3 - Electric Utility Financial Dashboard for Mar 2022 (9.5(c)--Electric Utility's Quarterly Report - 3rd Quarter) Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Unrestricted Cash - 2021-22 52.0 57.6 58.4 59.1 54.0 54.7 53.2 52.7 52.9 Unrestricted Cash - 2020-21 66.3 66.0 68.3 69.0 65.1 64.1 54.2 53.2 52.6 51.2 46.7 52.6 45.0 50.0 55.0 60.0 65.0 70.0 75.0 MILLION $ REU UNRESTRICTED CASH BALANCE JULY 2020 ‐ JUNE 2022 Packet Pg. 731 Attachment: ^Attachment 4 - Electric Utility Unrestricted Cash Balance Mar 2022 (9.5(c)--Electric Utility's City of Redding Electric Utility Industry Activities Update – April 2022 Federal Legislation Update The Department of Agriculture and the U.S. Forest Service (USFS) announced a comprehensive plan called “Confronting the Wildfire Crisis: A Strategy for Protecting Communities and Improving Resiliency in America’s Forest” to reduce wildfire risk across the West. 50 Billion dollars will target 50 million acres in 11 western states. The first $3 Billion was approved in the Bipartisan Infrastructure bill. NCPA members closely monitor the new EPA draft white paper on future emission limits of newly built and running natural gas plants. This could have some significant impacts on how and long REU will be able to operate the Power Plant on Clear creek road. State Legislative Update On the heels of a 30% increase in the Transmission Access Charge (TAC) for 2022, CAISO released an analysis in early February that calls for more than $30 Billion in transmission upgrades over the next 20 years to support efforts to decarbonize California’s power grid. It will be a daunting endeavor to procure 120 gigawatts of generating capacity needed for the decarbonization goals. With the pandemic in the rear-view mirror, most State legislators’ attention in the electricity sector focuses on electrification, affordability, resilience, and reliability. More than six dozen bills were introduced targeting one or more of the above subjects. The Governor’s budget is still being worked upon, but we will have a better idea of what and where his focus of spending desires in the next few weeks. State Regulatory Update The State has been busy updating two foundational plans that frame its strategy for addressing climate change. These include the Climate Change Scoping Plan, which focuses on greenhouse gas emission targets, and the Climate Adaption Strategy, which concentrates on building climate resilience. Both plans guide State agencies in policy interpretation, regulatory development, and funding priorities. Led by the California Air Resources Board, the Scoping Plan was first adopted in 2008 and is updated at least every five years. The 2022 update will have a planning horizon that looks to 2040 and will address greenhouse gas emission reductions and related health, environmental justice, social equity, and job creation objectives. The effort will assess California's progress towards reducing its GHG emissions to 40% below 1990 levels by 2030 and lay out a path to achieve carbon neutrality by mid-century. The plan update is expected to be finalized late this year. Led by California’s Natural Resources Agency and the Governor’s Office of Planning and Research, the State recently launched its updated Climate Adaptation Strategy to “provide a more coordinated, integrated and cohesive approach to protecting communities and natural places from climate impacts of climate change.” First adopted in 2009 and updated at least every three years, the Climate Adaption Strategy focuses on protecting health and safety and reducing economic risks. Priorities include building resilience from wildfire, drought, and extreme heat. Packet Pg. 732 Attachment: ^Attachment 5 - Industry Update (9.5(c)--Electric Utility's Quarterly Report - 3rd Quarter) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Accept the General Fund Quarterly Financial Report for the quarter ended March 31, 2022. Alternative Action The City Council (Council) could choose to reject the report and request additional or different information. Background/Analysis Attached for review and information purposes is the Quarterly Financial Report for the quarter ended March 31, 2022. The report, which only pertains to the City of Redding’s (City) General Fund, is divided into four sections. Section One compares revenue received to-date to budgeted figures. Section Two provides the Council with a summary of all General Fund revenues received for the month of March, as well as a summary of all revenues received year-to-date. This section also compares (1) actual revenues through March 2022 to projected revenues through March 2022, and (2) actual revenues received to-date to the cash flow estimates developed by staff. Section Three summarizes expenditures by division for the month of March, as well as expenditures year-to-date. Section Three also compares (1) actual monthly expenditures to projected monthly expenditures, and (2) actual expenditures to-date to the cash flow estimates developed by staff. Section Four compares actual expenditures to the budget as amended. Revenue Total revenue to-date is $69.3 million, or $6,093,271 (9.6 percent) above staff’s cash flow projection. Through March, sales tax, property tax, transient occupancy tax, in-lieu property tax, and revenue from other sources have all performed as expected or better. At the Council meeting on March 15, 2022, the Council approved modification of the targeted revenues for sales tax and MEETING DATE: May 17, 2022 ITEM NO. 9.10(a) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 9.10(a)--Consider the City of Redding General Fund Quarterly Financial Report for the quarter ended March 2022 Greg Robinett, Finance Officer Packet Pg. 733 Report to Redding City Council May 10, 2022 Re: 9.10(a)--General Fund Financial Report for quarter ended March 2022 Page 2 transient occupancy tax. Due to the nature of the reporting period, these adjustments were not included in the above analysis. If these adjustments were included, actual revenues would have been $2,006,521 (3.2 percent) above staff’s cash flow projection. Property Tax revenue, year-to-date, totals $13,915,331 or $265,609 (1.9 percent) above staff’s cash flow projection of $13,649,722. Staff is not recommending any changes at this time to property tax. Sales tax revenue, year-to-date, totals $24,447,406 or $2,287,167 (10.3 percent) above staff’s cash flow projection of $22,160,239. Staff is not recommending any changes at this time to projected sales tax revenue. If the March 15, 2022, Council-approved adjustments were included, actual revenues would have been $418,833 (1.7 percent) below staff’s updated cash flow projection. Transient Occupancy Tax revenue, year-to-date, totals $6,252,592 or $2,249,357 (56.1 percent) above staff’s cash flow projection of $4,003,235. Staff is not recommending a change at this time to Transient Occupancy Tax. If the March 15, 2022, Council-approved adjustment were included, actual revenues would have been $868,607 (16.1 percent) above staff’s updated cash flow projection. All other tax revenues’ year-to-date totals are $3,574,901 or $555,773 (18.4 percent) above staff’s cash flow projection of $3,019,128. The other tax revenues include franchise fees, business licenses, real property transfer tax, and cannabis tax. Staff is not recommending any additional changes at this time to all other tax revenues. Revenues from the Internal Departments year-to-date totals $9,999,908 which is $20 above staff’s cash flow projection of $9,999,888. Revenues from the Internal Departments include fixed reimbursements for the Cost Allocation Plan, Public Works Administration, NDPES, and In-lieu payments from Redding Electric Utility and the Airport funds. Staff is not recommending any changes at this time to all other tax revenues. Licenses and permit revenues, year-to-date, totals $1,838,188 or $178,012 (10.7 percent) above staff’s cash flow projection of $1,660,176. Staff is not recommending any changes at this time to all other tax revenues. Fines and Penalties revenues, year-to-date, totals $781,797 which is $157,366 above staff’s cash flow projection of $624,431. This includes an adjustment made for uncollectable fines and penalties as estimated by staff through March 2022. Staff is not recommending any changes at this time to all other tax revenues. Revenues from Other Governmental Agencies, year-to-date, totals $1,447,188 which is $1,717,296 (54.3 percent) below staff’s cash flow projection of $3,164,484. This is primarily due to the timing of completion of various capital projects. Staff is not recommending any changes at this time to all other governmental revenues. Charges for current services, year-to-date, totals $4,673,076 which is $2,330,358 above staff’s cash flow projection of $2,342,718. Staff is not recommending any changes at this time to charges for current services. All remaining revenue, year-to-date, totals $2,387,782 or $213,095 (8.2 percent) below staff’s Packet Pg. 734 Report to Redding City Council May 10, 2022 Re: 9.10(a)--General Fund Financial Report for quarter ended March 2022 Page 3 cash flow projection of $2,600,877. Staff is not recommending any changes at this time for other revenue projections. Expenditures Expenditures through March 2022 (excluding encumbrances) total $71,859,699 or $7,795,112 (9.8 percent) below staff’s projection. Encumbrances at month-end total $8,952,877. The City of Redding General Fund budgets for overtime expenses throughout various City Departments. The overtime expenditures, through the quarter ending March 2022, total $5,626,267 or $2,715,480 over staff projections. • Police Overtime is $1,411,641 or $306,891 above staff projection • Fire Overtime is $4,077,594 or $2,336,544 above staff projection • Community Services Overtime is $60,750 or $55,500 above staff projection • Public Works Overtime is $57,447 or $4,947 above staff projection • All Other Overtime is $18,835 or $11,598 above staff projection Although all of these expenses are over budget there are no additional budget amendments necessary at this time. Each department is projected to have adequate savings in other personnel budget items, additional cross charges to other City departments, and unbudgeted revenues that cover costs incurred. Reserves As of March 31, 2022, the General Fund Cash Balance was $16,976,742 or 15.6 percent. At year end, the ten-year plan projects the reserve to be 15.2 percent. This could change depending upon the final revenue and expenditure performance. Typically, the reserve amendment is performed after the completion of the annual audit. Staff is not recommending any changes to the projected reserves at this time. Council Priority/City Manager Goals • Budget and Financial Management – “Achieve balance and stable 10-year Financial Plans for all funds.” • Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.” Attachments ^Quarterly Report March 2022 Packet Pg. 735 Quarterly Report APPENDIX A COMPARATIVE SUMMARY OF GENERAL FUND REVENUES AND EXPENDITURES For the Period July 2021 through March 2022 Packet Pg. 736 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) Cash Flow Estimate Actual Actual Actual Estimate Actual Actual Actual Revenue FYE 2022 FYE 2022 FYE 2021 FYE 2020 FYE 2022 FYE 2021 FYE 2020 FYE 2019 Sales tax $22,160,239 $24,447,406 $22,200,305 $20,705,419 $28,374,570 $30,189,084 $25,859,713 $25,319,127 Property tax 13,649,722 13,915,331 13,116,084 12,154,490 23,961,450 22,820,856 21,182,617 19,949,318 Transient Occupancy Tax 4,003,235 6,252,592 4,230,524 4,605,691 5,399,530 5,915,535 5,352,432 6,837,195 Internal Departments 9,999,888 9,999,908 9,306,878 8,653,245 12,992,510 13,090,570 11,537,660 12,295,180 Revenue from Other Governments 3,164,484 1,447,188 2,060,937 3,174,021 4,581,750 2,929,851 4,309,727 2,495,001 Other 10,247,330 13,255,744 11,010,489 13,283,116 13,913,980 14,679,657 16,362,005 12,779,277 Total Revenue $63,224,898 $69,318,169 $61,925,217 $62,575,982 $89,223,790 $89,625,553 $84,604,154 $79,675,098 The above revenue chart excludes transfers Cash Flow Estimate Actual Actual Actual Budgeted Actual Actual Actual Expenditures FYE 2022 FYE 2022 FYE 2021 FYE 2020 FYE 2022* FYE 2021 FYE 2020 FYE 2019 Police $30,077,242 $28,756,537 $25,212,310 $23,579,046 $40,714,150 $35,049,109 $31,641,369 $30,416,588 Fire 17,623,820 19,463,711 20,662,519 16,804,192 24,292,350 28,526,091 21,774,444 21,701,221 Public Works 11,479,917 6,335,943 4,851,817 5,485,363 18,835,787 7,221,574 6,889,613 6,944,744 Development Services 4,826,234 3,843,482 3,746,516 3,332,501 6,885,370 5,319,892 4,556,208 4,370,305 Community Services 6,915,056 4,698,787 3,958,102 4,037,590 9,680,285 5,936,020 5,550,231 5,343,197 Other 8,732,542 8,761,239 8,552,280 7,872,297 13,375,910 10,132,220 9,533,422 9,868,543 Total Expenditures $79,654,811 $71,859,699 $66,983,544 $61,110,989 $113,783,852 $92,184,906 $79,945,287 $78,644,598 *Includes carryover amount of $10,719,342 from prior year's budget. July through March Amounts Total For Fiscal Year Comparison of General Fund Revenues and Expenditures (Budgetary Basis)  Report for the Period July through March, 2022 REVENUE COMPARISON July through March Amounts Total For Fiscal Year EXPENDITURE COMPARISON Packet Pg. 737 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 Sales Tax Property Tax TOT Other Gov. Internal Other General Fund Revenues Through March 2022 (In Thousands) Budget Actual Prior Year Packet Pg. 738 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 Police Fire Public Works Development Services Community Services Other Expenditures General Fund Expenditures Through March 2022 (In Thousands) Budget Actual Prior Year Packet Pg. 739 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended Section One Actual Revenues Compared to Cash Flow Estimates Packet Pg. 740 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) RVR213A CITY OF REDDING 11:16:05 4/06/2022 Finance Department MONTH OF MAR. 2022 COMPARATIVE SUMMARY OF ACTUAL REVENUES GENERAL FUNDS ----------------- Current Month ------------------ ------------------ Year to Date ------------------ Monthly Over YTD Over ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Projection Actual (Under) % Projection Actual (Under) % GENERAL FUND TAXES Property Taxes 6,935 - (6,935) 0.0 13,649,722 13,915,331 265,609 101.9 Sales Tax-Nondedicated 2,071,696 2,547,836 476,140 122.9 22,160,239 24,447,406 2,287,167 110.3 Transient Occupancy Tax 378,422 578,108 199,686 152.7 4,003,235 6,252,592 2,249,357 156.1 Viacom Cablevision - - - - 684,270 664,305 (19,965) 97.0 Pacific Gas & Electric Co. - 28,007 28,007 - - 28,007 28,007 - Business License Tax 72,916 88,439 15,523 121.2 656,244 703,472 47,228 107.1 Real Property Transfer Tax 29,166 30,442 1,276 104.3 262,494 452,480 189,986 172.3 Commercial Cultivation Cannabis - - - - 103,620 122,540 18,920 118.2 Retail Cannabis Business Tax - - - - 1,312,500 1,601,074 288,574 121.9 Other Commercial Cannabis Business Tax - - - * - 3,023 3,023 * ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Total Taxes 2,559,135 3,272,832 713,697 127.8 42,832,324 48,190,230 5,357,906 112.5 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ LICENSES AND PERMITS Animal Licenses 3,333 6,224 2,891 186.7 29,997 35,028 5,031 116.7 Building Permits 131,410 248,385 116,975 189.0 1,182,690 1,143,604 (39,086) 96.6 Engineering Encroachment Permit 7,500 3,481 (4,019) 46.4 67,500 184,732 117,232 273.6 Electical Permits 15,931 41,379 25,448 259.7 143,379 199,485 56,106 139.1 Transportation Permit 775 1,912 1,137 246.7 6,975 6,207 (768) 88.9 Plumbing Permits 8,866 21,447 12,581 241.9 79,794 78,270 (1,524) 98.0 Mechanical Permit 15,816 30,639 14,823 193.7 142,344 174,447 32,103 122.5 Engineering Grading Permits 833 - (833) 0.0 7,497 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ 16,415 8,918 218.9 Total Licenses and Permits 184,464 353,467 169,003 191.6 1,660,176 1,838,188 178,012 110.7 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ FINES, FORFEITS, AND PENALTIES Traffic Safety Fines 46,563 81,016 34,453 173.9 548,156 697,238 149,082 127.1 Code Enforcement Fines 12,166 19,111 6,945 157.0 109,494 686,339 576,845 626.8 Other Fines & Fees 4,416 15,000 10,584 339.6 39,744 71,713 31,969 180.4 Cannabis Delinquency Penalty - - - * - 9,649 9,649 * ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Total Fines, Forfeits & Penalties 63,145 115,127 51,982 182.3 697,394 1,464,939 767,545 210.0 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ REVENUE FROM INTERNAL DEPARTMENTS Fixed Reimbursements 410,879 410,880 1 100.0 3,697,911 3,697,920 9 100.0 Fixed Reimbursement Public Works Admin 74,240 74,240 - 100.0 668,160 668,160 - 100.0 Fixed Reimbursement NDPES 37,497 37,498 1 100.0 337,473 337,478 5 100.0 In-lieu Payment from 821--Muni Airport 19,583 19,583 - 100.0 176,247 176,250 3 100.0 In-Lieu Payment from Division 854-Electric 455,333 455,333 - 100.0 4,097,997 4,098,000 3 100.0 advances from internal department - - - - 1,022,100 1,022,100 - 100.0 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Total Revenue from Internal Departments 997,532 997,534 2 100.0 9,999,888 9,999,908 20 100.0 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ * Unbudgeted revenue 1 Packet Pg. 741 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended RVR213A CITY OF REDDING 11:16:05 4/06/2022 Finance Department MONTH OF MAR. 2022 COMPARATIVE SUMMARY OF ACTUAL REVENUES GENERAL FUNDS (continued) ----------------- Current Month ------------------ ------------------ Year to Date ------------------ Monthly Over YTD Over ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Projection Actual (Under) % Projection Actual (Under) % GENERAL FUND REVENUE FROM OTHER GOVERMENTAL AGENCIES State Grant Operating for General Gov't 108,122 - (108,122) 0.0 551,308 38,792 (512,516) 7.0 Federal Grant-Operating-General Gov't 305,080 1,856 (303,224) .6 1,443,882 275,366 (1,168,516) 19.0 Shasta County Grant - Operating - Police 51,624 27,510 (24,114) 53.2 447,236 144,335 (302,901) 32.2 SHASTA CO OPERATING REIMB-POLICE 6,000 - (6,000) 0.0 42,000 21,790 (20,210) 51.8 State Reimbursement - - - * - 1,253 1,253 * STATE LEGISLATIVE REVENUE OPERATING-POLICE 7,277 8,427 1,150 115.8 65,493 78,188 12,695 119.3 Reimbursement of Mandated Costs 4,750 51 (4,699) 1.0 42,750 58,499 15,749 136.8 POST Grant - Operating - Police 4,750 4,120 (630) 86.7 42,750 67,759 25,009 158.5 Home Owner Property Tax Relief 12,750 - (12,750) 0.0 114,750 72,516 (42,234) 63.1 Motor Vehicle In-Lieu Tax - - - - 45,000 105,954 60,954 235.4 School District Contrib-Operating-Police 22,327 7,367 (14,960) 32.9 200,943 382,098 181,155 190.1 Redding Rancheria Payment 9,959 - (9,959) 0.0 89,631 89,632 1 100.0 Contribution RABA - Operating - Police 2,083 2,083 - 100.0 18,747 18,750 3 100.0 Buckeye Fire Service Dist-Operating-Fire - - - * - 5,000 5,000 * Buckeye Fire District - Capital - Fire 4,583 9,000 4,417 196.3 41,247 64,000 22,753 155.1 SHASCOM - Payroll 2,083 14,630 12,547 702.3 18,747 23,256 4,509 124.0 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Total Revenue - Other Government Agencies 541,388 75,044 (466,344) 13.8 3,164,484 1,447,188 (1,717,296) 45.7 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ OTHER REVENUES Late Fees 141,666 119,743 (21,923) 84.5 1,274,994 1,015,356 (259,638) 79.6 Contributions - Operating - General Gov't 235,820 600 (235,220) .2 316,570 113,154 (203,416) 35.7 Developer Contributions 2,931 - (2,931) 0.0 13,274 22,074 8,800 166.2 Compensation - Loss & Property Damage - 41 41 * - 311 311 * Miscellaneous Receipts 43,653 29,575 (14,078) 67.7 279,990 541,356 261,366 193.3 Reimbursement 21,174 - (21,174) 0.0 190,566 288,962 98,396 151.6 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Total Other Revenues 445,244 149,959 (295,285) 33.6 2,075,394 1,981,213 (94,181) 95.4 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ CHARGES FOR CURRENT SERVICES Planning Permits (Subdivisions) 36,872 36,086 (786) 97.8 331,848 438,884 107,036 132.2 Building Plan - Record Fees 1,538 3,086 1,548 200.6 13,842 15,907 2,065 114.9 Building Plan - Check Fees 46,120 139,267 93,147 301.9 415,080 559,056 143,976 134.6 Fees for Outside Plan Checks 95 - (95) 0.0 855 25,565 24,710 990.0 Plan Check Fees - Fire Department 6,250 18,862 12,612 301.7 56,250 75,483 19,233 134.1 Engineering Land Development Fees 8,333 317,028 308,695 804.4 74,997 741,600 666,603 988.8 Technology Surcharge 10,134 48,561 38,427 479.1 91,206 181,515 90,309 199.0 Cannabis Application & Permit Fees 39,570 108,241 68,671 273.5 356,130 425,500 69,370 119.4 Sale of Publications 7 7 - 100.0 63 107 44 169.8 Animal Shelter Fees 583 249 (334) 42.7 5,247 4,202 (1,045) 80.0 Inspection Fees 241 - (241) 0.0 2,169 3,087 918 142.3 Fingerprint Fees 833 703 (130) 84.3 7,497 4,140 (3,357) 55.2 * Unbudgeted revenue 2 Packet Pg. 742 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended RVR213A CITY OF REDDING 11:16:05 4/06/2022 Finance Department MONTH OF MAR. 2022 COMPARATIVE SUMMARY OF ACTUAL REVENUES GENERAL FUNDS (continued) ----------------- Current Month ------------------ ------------------ Year to Date ------------------ Monthly Over YTD Over ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Projection Actual (Under) % Projection Actual (Under) % GENERAL FUND CHARGES FOR CURRENT SERVICES Fire Permits & Fees 24,166 9,101 (15,065) 37.6 217,494 33,510 (183,984) 15.4 DUI - Emergency Response 6,149 9,300 3,151 151.2 55,341 58,227 2,886 105.2 Swimming Pool Receipts 11,666 9,660 (2,006) 82.8 104,994 30,673 (74,321) 29.2 RAC Swim Shop / Rental 2,833 - (2,833) 0.0 25,497 19 (25,478) 0.0 RAC Admission 9,166 - (9,166) 0.0 82,494 2,554 (79,940) 3.0 RAC Swim Team 916 - (916) 0.0 8,244 2,748 (5,496) 33.3 Swimming Pool Concession 4,583 - (4,583) 0.0 41,247 3,271 (37,976) 7.9 Other Charges & Fees 10,000 11,506 1,506 115.0 90,000 1,783,217 1,693,217 981.3 Recreation Sports 40,247 57,350 17,103 142.4 362,223 283,811 (78,412) 78.3 Bad Debt Writeoff (8,107) 263,041 271,148 244.6 (72,963) (683,142) (610,179) 936.2 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Total Charges for Current Services 252,195 1,032,048 779,853 409.2 2,269,755 3,989,934 1,720,179 175.7 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ REVENUE FROM THE USE OF MONEY & PROPERTY Rental - Land or Facility 42,432 30,296 (12,136) 71.3 381,888 273,633 (108,255) 71.6 SHASCOM Base Rent - Police Portion 6,122 2,870 (3,252) 46.8 55,098 77,283 22,185 140.2 Investment Income 9,833 10,380 547 105.5 88,497 55,652 (32,845) 62.8 Fiscal Agent Investment Income - - - * - 1 1 * ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Total Revenue - Use of Money & Property 58,387 43,546 (14,841) 74.5 525,483 406,569 (118,914) 77.3 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ TOTAL GENERAL FUND 5,101,490 6,039,557 938,067 118.3 63,224,898 69,318,169 6,093,271 109.6 =========== =========== =========== ===== =========== =========== =========== ===== RVR213A 11:16:05 4/06/2022 3 Packet Pg. 743 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended Section Two Comparative Summary of Actual Revenues Packet Pg. 744 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) RVR213B CITY OF REDDING 11:16:05 4/06/2022 Finance Department MONTH OF MAR. 2022 COMPARATIVE SUMMARY OF ACTUAL REVENUES GENERAL FUNDS ------------------ Budget Year ------------------- Budget Over ___________ ___________ ___________ _____ As Amended Actual (Under) % GENERAL FUND TAXES Property Taxes 23,961,450 13,915,331 (10,046,119) 58.0 Sales Tax-Nondedicated 28,374,570 24,447,406 (3,927,164) 86.1 Transient Occupancy Tax 5,399,530 6,252,592 853,062 115.7 Viacom Cablevision 912,360 664,305 (248,055) 72.8 Pacific Gas & Electric Co. 336,650 28,007 (308,643) 8.3 Business License Tax 875,000 703,472 (171,528) 80.3 Real Property Transfer Tax 350,000 452,480 102,480 129.2 Commercial Cultivation Cannabis 138,160 122,540 (15,620) 88.6 Retail Cannabis Business Tax 1,750,000 1,601,074 (148,926) 91.4 Other Commercial Cannabis Business Tax - 3,023 3,023 * ___________ ___________ ___________ _____ Total Taxes 62,097,720 48,190,230 (13,907,490) 77.6 ___________ ___________ ___________ _____ LICENSES AND PERMITS Animal Licenses 40,000 35,028 (4,972) 87.5 Building Permits 1,576,920 1,143,604 (433,316) 72.5 Engineering Encroachment Permit 90,000 184,732 94,732 205.2 Electical Permits 191,180 199,485 8,305 104.3 Transportation Permit 9,300 6,207 (3,093) 66.7 Plumbing Permits 106,400 78,270 (28,130) 73.5 Mechanical Permit 189,800 174,447 (15,353) 91.9 Engineering Grading Permits 10,000 16,415 6,415 164.1 ___________ ___________ ___________ _____ Total Licenses and Permits 2,213,600 1,838,188 (375,412) 83.0 ___________ ___________ ___________ _____ FINES, FORFEITS, AND PENALTIES Traffic Safety Fines 687,860 697,238 9,378 101.3 Code Enforcement Fines 146,000 686,339 540,339 470.0 Other Fines & Fees 53,000 71,713 18,713 135.3 Cannabis Delinquency Penalty - 9,649 9,649 * ___________ ___________ ___________ _____ Total Fines, Forfeits & Penalties 886,860 1,464,939 578,079 165.1 ___________ ___________ ___________ _____ REVENUE FROM INTERNAL DEPARTMENTS Fixed Reimbursements 4,930,560 3,697,920 (1,232,640) 75.0 Fixed Reimbursement Public Works Admin 890,880 668,160 (222,720) 75.0 Fixed Reimbursement NDPES 449,970 337,478 (112,492) 75.0 In-lieu Payment from 821--Muni Airport 235,000 176,250 (58,750) 75.0 In-Lieu Payment from Division 854-Electric 5,464,000 4,098,000 (1,366,000) 75.0 advances from internal department 1,022,100 1,022,100 - 100.0 ___________ ___________ ___________ _____ Total Revenue from Internal Departments 12,992,510 9,999,908 (2,992,602) 76.9 ___________ ___________ ___________ _____ * Unbudgeted revenue 1 Packet Pg. 745 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended RVR213B CITY OF REDDING 11:16:05 4/06/2022 Finance Department MONTH OF MAR. 2022 COMPARATIVE SUMMARY OF ACTUAL REVENUES GENERAL FUNDS (continued) ------------------ Budget Year ------------------- Budget Over ___________ ___________ ___________ _____ As Amended Actual (Under) % GENERAL FUND REVENUE FROM OTHER GOVERMENTAL AGENCIES State Grant Operating for General Gov't 875,690 38,792 (836,898) 4.4 Federal Grant-Operating-General Gov't 2,152,170 275,366 (1,876,804) 12.7 Shasta County Grant - Operating - Police 602,120 144,335 (457,785) 23.9 SHASTA CO OPERATING REIMB-POLICE 60,000 21,790 (38,210) 36.3 State Reimbursement - 1,253 1,253 * STATE LEGISLATIVE REVENUE OPERATING-POLICE 87,330 78,188 (9,142) 89.5 Reimbursement of Mandated Costs 57,000 58,499 1,499 102.6 POST Grant - Operating - Police 57,000 67,759 10,759 118.8 Home Owner Property Tax Relief 153,000 72,516 (80,484) 47.3 Motor Vehicle In-Lieu Tax 45,000 105,954 60,954 235.4 School District Contrib-Operating-Police 267,930 382,098 114,168 142.6 Redding Rancheria Payment 119,510 89,632 (29,878) 74.9 Contribution RABA - Operating - Police 25,000 18,750 (6,250) 75.0 Buckeye Fire Service Dist-Operating-Fire - 5,000 5,000 * Buckeye Fire District - Capital - Fire 55,000 64,000 9,000 116.3 SHASCOM - Payroll 25,000 23,256 (1,744) 93.0 ___________ ___________ ___________ _____ Total Revenue - Other Government Agencies 4,581,750 1,447,188 (3,134,562) 31.5 ___________ ___________ ___________ _____ OTHER REVENUES Late Fees 1,700,000 1,015,356 (684,644) 59.7 Contributions - Operating - General Gov't 340,060 113,154 (226,906) 33.2 Developer Contributions 22,070 22,074 4 100.0 Compensation - Loss & Property Damage - 311 311 * Miscellaneous Receipts 410,980 541,356 130,376 131.7 Reimbursement 254,090 288,962 34,872 113.7 ___________ ___________ ___________ _____ Total Other Revenues 2,727,200 1,981,213 (745,987) 72.6 ___________ ___________ ___________ _____ CHARGES FOR CURRENT SERVICES Planning Permits (Subdivisions) 442,470 438,884 (3,586) 99.1 Building Plan - Record Fees 18,460 15,907 (2,553) 86.1 Building Plan - Check Fees 553,450 559,056 5,606 101.0 Fees for Outside Plan Checks 1,140 25,565 24,425 242.5 Plan Check Fees - Fire Department 75,000 75,483 483 100.6 Engineering Land Development Fees 100,000 741,600 641,600 741.6 Technology Surcharge 121,610 181,515 59,905 149.2 Cannabis Application & Permit Fees 474,850 425,500 (49,350) 89.6 Sale of Publications 90 107 17 118.8 Animal Shelter Fees 7,000 4,202 (2,798) 60.0 Inspection Fees 2,900 3,087 187 106.4 Fingerprint Fees 10,000 4,140 (5,860) 41.4 * Unbudgeted revenue 2 Packet Pg. 746 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended RVR213B CITY OF REDDING 11:16:05 4/06/2022 Finance Department MONTH OF MAR. 2022 COMPARATIVE SUMMARY OF ACTUAL REVENUES GENERAL FUNDS (continued) ------------------ Budget Year ------------------- Budget Over ___________ ___________ ___________ _____ As Amended Actual (Under) % GENERAL FUND CHARGES FOR CURRENT SERVICES Fire Permits & Fees 290,000 33,510 (256,490) 11.5 DUI - Emergency Response 73,800 58,227 (15,573) 78.8 Swimming Pool Receipts 140,000 30,673 (109,327) 21.9 RAC Swim Shop / Rental 34,000 19 (33,981) 0.0 RAC Admission 110,000 2,554 (107,446) 2.3 RAC Swim Team 11,000 2,748 (8,252) 24.9 Swimming Pool Concession 55,000 3,271 (51,729) 5.9 Other Charges & Fees 120,000 1,783,217 1,663,217 486.0 Recreation Sports 483,000 283,811 (199,189) 58.7 Bad Debt Writeoff (97,300) (683,142) (585,842) 702.0 ___________ ___________ ___________ _____ Total Charges for Current Services 3,026,470 3,989,934 963,464 131.8 ___________ ___________ ___________ _____ REVENUE FROM THE USE OF MONEY & PROPERTY Rental - Land or Facility 509,190 273,633 (235,557) 53.7 SHASCOM Base Rent - Police Portion 73,480 77,283 3,803 105.1 Investment Income 118,010 55,652 (62,358) 47.1 Fiscal Agent Investment Income - 1 1 * ___________ ___________ ___________ _____ Total Revenue - Use of Money & Property 700,680 406,569 (294,111) 58.0 ___________ ___________ ___________ _____ TOTAL GENERAL FUND 89,226,790 69,318,169 (19,908,621) 77.6 =========== =========== =========== ===== RVR213B 11:16:05 4/06/2022 3 Packet Pg. 747 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended Section Three Actual Expenditures Compared to Cash Flow Estimates Packet Pg. 748 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) EXR214 CITY OF REDDING 11:15:19 4/06/2022 Finance Department MONTH OF MAR. 2022 ACTUAL EXPENDITURES COMPARED TO CASH FLOW ESTIMATES PAGE 1 GENERAL FUND ----------------- Current Month ------------------ ------------------ Year to Date ------------------ Monthly Over YTD Over ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Projection Actual (Under) % Projection Actual (Under) % CITY COUNCIL 12,916 14,849 1,933 114.9 119,738 125,364 5,626 104.6 CITY CLERK 107,507 76,513 (30,994) 71.1 669,344 654,975 (14,369) 97.8 CITY MANAGER 103,935 85,662 (18,273) 82.4 971,962 806,880 (165,082) 83.0 CITY TREASURER 55,412 51,919 (3,493) 93.6 513,475 492,314 (21,161) 95.8 CITY ATTORNEY 24,250 28,020 3,770 115.5 246,447 318,436 71,989 129.2 CODE ENFORCEMENT 68,627 60,507 (8,120) 88.1 634,115 458,086 (176,029) 72.2 FINANCE AND ACCOUNTING 114,797 136,348 21,551 118.7 1,144,715 1,241,228 96,513 108.4 NON DEPARTMENTAL 276,717 40,046 (236,671) 14.4 2,389,492 936,654 (1,452,838) 39.1 PURCHASING 49,066 48,974 (92) 99.8 453,908 420,646 (33,262) 92.6 PERSONNEL 43,328 46,939 3,611 108.3 406,737 467,021 60,284 114.8 PERMIT CENTER 57,956 59,991 2,035 103.5 540,005 590,094 50,089 109.2 BUILDING & CODE ENFORCEMENT 190,545 194,223 3,678 101.9 1,859,472 1,537,744 (321,728) 82.6 PLANNING 232,342 141,314 (91,028) 60.8 1,792,642 1,257,558 (535,084) 70.1 POLICE - ADMINISTRATION 247,447 231,783 (15,664) 93.6 2,608,359 2,358,761 (249,598) 90.4 POLICE - FIELD OPERATIONS 2,145,021 1,997,740 (147,281) 93.1 19,260,075 18,716,088 (543,987) 97.1 POLICE - INVESTIGATIONS 380,821 396,090 15,269 104.0 3,538,383 3,744,774 206,391 105.8 POLICE - SERVICES DIVISION 298,792 577,037 278,245 193.1 3,362,405 3,443,839 81,434 102.4 POLICE INFORMATION TECHNOLOGY STAFF (7,178) 3,622 10,800 50.4 (41,386) 17,259 58,645 41.7 POLICE GRANTS 503,766 111,995 (391,771) 22.2 1,349,406 475,816 (873,590) 35.2 ANIMAL REGULATION 73,519 73,089 (430) 99.4 661,671 660,870 (801) 99.8 FIRE - ADMINISTRATION 142,391 143,339 948 100.6 1,320,477 1,229,188 (91,289) 93.0 FIRE - SUPPRESSION 1,656,465 1,963,496 307,031 118.5 15,453,248 17,437,730 1,984,482 112.8 FIRE - PREVENTION 89,337 83,596 (5,741) 93.5 850,095 796,793 (53,302) 93.7 PUBLIC WORKS-ENGINEERING 84,122 48,497 (35,625) 57.6 972,670 888,397 (84,273) 91.3 ENGINEERING AND DESIGN 17,277 50,673 33,396 293.2 156,203 469,888 313,685 300.8 TRANSPORTATION/ENGINEERING (3,070) 3,561 6,631 115.9 (17,889) 58,809 76,698 328.7 STREETS-GENERAL AND ADMINISTRATIVE 369,702 274,909 (94,793) 74.3 3,260,586 2,754,778 (505,808) 84.4 STREETS-CONSTRUCTION CAPITAL OUTLAY 499,607 141,659 (357,948) 28.3 7,108,347 2,164,071 (4,944,276) 30.4 PARKS 447,180 363,373 (83,807) 81.2 4,562,961 2,881,742 (1,681,219) 63.1 RECREATION 206,379 119,126 (87,253) 57.7 1,918,259 1,316,205 (602,054) 68.6 COMMUNITY SERVICES ADMINISTRATIVE DIVISION 51,881 50,421 (1,460) 97.1 433,836 500,840 67,004 115.4 MIDTOWN MALL 1,114 288 (826) 25.8 13,626 2,696 (10,930) 19.7 GENERAL FUND DEBT SERVICE 213,778 1,707,686 1,493,908 798.8 1,141,427 2,634,155 1,492,728 230.7 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Total - General Government 8,755,749 9,327,285 571,536 106.5 79,654,811 71,859,699 (7,795,112) 90.2 =========== =========== =========== ===== =========== =========== =========== ===== EXR214 11:15:19 4/06/2022 Packet Pg. 749 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) Section Four Actual Expenditures Compared to Budget Packet Pg. 750 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) EXR58 CITY OF REDDING 11:15:42 4/06/22 Finance Department MONTH OF MAR. 2022 ACTUAL EXPENDITURES COMPARED TO BUDGET PAGE 1 GENERAL FUND Budget Prior Year Current Year-to-Date Encumbrances Unencumbered % ______________ ______________ ______________ ______________ ______________ ______________ _________ As Amended Appropriations Expenditures Expenditures Outstanding Balance Obligated CITY COUNCIL 165,050.00 - 14,849.06 125,364.07 81.26 39,604.67 76.0 CITY CLERK 906,340.00 9,980.00 76,513.34 654,974.55 4,810.87 256,534.58 72.0 CITY MANAGER 1,352,010.00 8,420.00 85,661.91 806,880.21 1,431.57 552,118.22 59.4 CITY TREASURER 702,290.00 4,010.00 51,918.78 492,313.90 52.12 213,933.98 69.7 CITY ATTORNEY 356,180.00 5,420.00 28,020.42 318,435.61 23.65 43,140.74 88.0 CODE ENFORCEMENT 870,700.00 36,540.00 60,506.78 458,086.07 33.16 449,120.77 50.4 FINANCE AND ACCOUNTING 1,514,470.00 84,380.00 136,347.54 1,241,228.33 4,826.61 352,795.06 77.9 NON DEPARTMENTAL 3,397,770.00 120,360.00 40,046.36 936,653.70 410,076.65 2,171,399.65 38.2 PURCHASING 624,620.00 6,730.00 48,973.89 420,645.80 59.94 210,644.26 66.6 PERSONNEL 580,390.00 80.00 46,939.10 467,020.77 18,017.03 95,432.20 83.5 PERMIT CENTER 747,840.00 110.00 59,991.26 590,093.92 2,125.42 155,730.66 79.1 BUILDING & CODE ENFORCEMENT 2,414,120.00 123,160.00 194,223.03 1,537,744.48 57,407.21 942,128.31 62.8 PLANNING 2,534,700.00 158,200.00 141,313.97 1,257,558.32 549,723.87 885,617.81 67.1 POLICE-ADMINISTRATION 3,155,030.00 158,410.00 231,783.12 2,358,761.33 141,082.45 813,596.22 75.4 POLICE-FIELD OPERATIONS 25,846,770.00 172,000.00 1,997,740.18 18,716,088.20 386,736.43 6,915,945.37 73.4 POLICE-INVESTIGATIONS 4,877,050.00 910.00 396,089.90 3,744,773.97 9,508.01 1,123,678.02 76.9 POLICE-SERVICES DIVISION 4,526,170.00 6,550.00 577,036.69 3,443,839.33 4,637.26 1,084,243.41 76.0 POLICE I/T STAFF ( 19,770.00) - 3,622.35 17,259.01 - ( 37,029.01) 0.0 POLICE GRANTS 1,778,000.00 213,030.00 111,994.78 475,815.50 141,853.61 1,373,360.89 31.0 ANIMAL REGULATION 882,250.00 - 73,088.95 660,870.36 210,835.49 10,544.15 98.8 FIRE-ADMINISTRATION 1,814,990.00 6,110.00 143,338.95 1,229,188.01 3,858.45 588,053.54 67.7 FIRE-SUPPRESSION 21,059,860.00 247,570.00 1,963,496.32 17,437,729.96 519,265.60 3,350,434.44 84.2 FIRE-PREVENTION 1,142,310.00 21,510.00 83,595.74 796,793.20 1,239.16 365,787.64 68.5 P/W-ENGINEERING 1,441,060.00 129,390.00 48,497.18 888,397.10 61,232.68 620,820.22 60.4 ENGINEERING AND DESIGN 207,350.00 710.00 50,672.55 469,887.69 344.00 ( 262,171.69) 226.0 TRANSPORTATION/ENGINEERING ( 8,990.00) - 3,560.96 58,809.29 - ( 67,799.29) 0.0 STREETS - GENERAL & ADM 4,457,910.00 15,280.00 274,908.67 2,754,778.44 227,155.60 1,491,255.96 66.6 STREETS - CONSTRUCTION 4,583,600.00 8,009,477.00 141,658.92 2,164,070.67 4,758,718.95 5,670,287.38 54.9 PARKS 5,275,270.00 1,070,935.00 363,372.53 2,881,741.95 1,409,995.51 2,054,467.54 67.6 RECREATION 2,603,810.00 22,890.00 119,126.16 1,316,205.02 24,144.82 1,286,350.16 51.0 COMMUNITY SERVICES ADMIN DIV. 623,800.00 83,580.00 50,420.86 500,839.90 - 206,540.10 70.8 MIDTOWN MALL 13,380.00 3,600.00 287.87 2,695.50 3,600.00 10,684.50 37.0 GENERAL FUND DEBT SERVICE 2,638,180.00 - 1,707,685.50 2,634,154.54 - 4,025.46 99.8 ______________ ______________ ______________ ______________ ______________ ______________ _____ Total - General Government 103,064,510.00 10,719,342.00 9,327,283.62 71,859,698.70 8,952,877.38 32,971,275.92 71.0 ============== ============== ============== ============== ============== ============== ===== EXR58 11:15:42 4/06/22 Packet Pg. 751 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) GENERAL FUND TEN YEAR PLAN Amended March 2022 Packet Pg. 752 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) Amended Amended 21-22 22-23 2023-24 2024-25 2025-26 2026-27 Beginning Cash Balance 19,300 16,599 17,552 19,101 21,299 21,348 Revenues 102,896 93,794 96,659 99,569 102,575 105,653 Net Transfers 3,342 3,677 3,589 3,854 3,935 4,053 Total Revenues 106,238 97,472 100,248 103,423 106,511 109,707 Personnel Costs (64,953) (69,529) (70,844) (72,868) (76,438) (78,648) Operating Costs (21,090) (20,539) (21,076) (21,708) (22,359) (23,030) Capital Outlay (22,279) (5,598) (6,116) (6,200) (7,331) (8,605) Debt Service (2,630) (2,613) (2,118) (1,957) (1,965) (1,318) Savings 2,012 1,760 1,455 1,508 1,631 1,697 Net Expenditures (108,939) (96,519) (98,699) (101,225) (106,461) (109,905) Ending Cash Balance 16,599 17,552 19,101 21,299 21,348 21,150 Projections toward Council Objectives Ending Cash as Percentage of Expenditures 15.2% 18.2% 19.4% 21.0% 20.1% 19.2% Projected Personnel Percentage 58.5% 70.7% 70.7% 70.9% 70.7% 70.5% Fiscal Year City of Redding General Fund Ten Year Plan (in thousands) Fiscal Year Ending 2022 & 2023 Packet Pg. 753 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) 2027-28 2028-29 2029-30 2030-31 2031-32 Projected Cash Balance 21,150 12,220 11,643 11,988 12,290 Projected Revenues 108,825 112,008 115,377 118,861 122,453 Projected Net Transfers 4,175 4,300 4,429 4,562 4,699 Total Projected Revenues 113,000 116,308 119,806 123,423 127,152 Projected Personnel Costs (86,309) (84,382) (86,352) (88,900) (91,066) Projected Operating Costs (29,371) (25,932) (26,365) (27,320) (28,698) Projected Operating Costs (6,864) (7,070) (7,282) (7,500) (7,725) Projected Debt Service (1,314) (1,313) (1,310) (1,309) (1,311) Projected Savings 1,928 1,811 1,849 1,908 1,985 Net Projected Expenditures (121,929) (116,886) (119,460) (123,121) (126,815) Projected Ending Cash 12,220 11,643 11,988 12,290 12,627 Projections toward Council Objectives Ending Cash as Percentage of Expenditures 10.0% 10.0% 10.0% 10.0% 10.0% Projected Personnel Percentage 69.7% 71.1% 71.2% 71.1% 70.7% Fiscal Year City of Redding General Fund Ten Year Plan (in thousands) Fiscal Year Ending 2022 & 2023 Packet Pg. 754 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) Amended Amended 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 Sales Tax 31,983 33,207 34,037 34,888 35,760 36,654 Property Tax 23,961 25,339 26,099 26,882 27,689 28,519 TOT 7,241 7,530 7,831 8,144 8,470 8,808 Cannabis Tax 1,888 1,888 1,964 2,042 2,124 2,209 Other Taxes 2,474 2,500 2,600 2,704 2,812 2,924 Licenses & Permits 2,214 2,414 2,510 2,611 2,715 2,824 Fines & Penalties 545 545 566 589 612 637 Other Government 14,436 1,052 1,083 1,116 1,149 1,184 Redding Rancheria 120 122 126 129 133 137 Internal Departments 11,970 12,935 13,323 13,723 14,135 14,559 Service Charges 3,026 3,166 3,293 3,425 3,562 3,704 Other Revenue 2,338 2,395 2,466 2,540 2,617 2,695 Use of Money & Property 583 585 585 585 585 585 Interest 118 118 176 191 213 213 Subtotal 93,794 102,896 96,659 99,569 102,575 105,653 Transfers In: Gas Taxes 7,705 7,662 7,892 8,128 8,372 8,623 Debt Service 34 34 34 34 - - Other Transfers In 317 316 326 335 345 356 Total Transfers In 8,012 8,056 8,251 8,497 8,718 8,979 Transfers Out: CVB & Convention Center (1,032) (1,080) (1,113) (1,146) (1,180) (1,216) Parking - - - - - - Library (934) (962) (991) (1,021) (1,052) (1,083) Rolling Stock (1,336) (1,530) (1,526) (1,472) (1,516) (1,562) Other Equipment (336) (111) (115) (118) (122) (125) Internal Advances - - (898) (886) (913) (940) Other Transfers Out (1,075) (650) (20) (1) (0) (0) Total Transfers Out (4,334) (4,714) (4,662) (4,644) (4,782) (4,926) Net Transfers 3,677 3,342 3,589 3,854 3,935 4,053 Total Revenues 106,238 97,472 100,248 103,423 106,511 109,707 Revenue Assumptions Sales Tax 4.5% 3.0% 2.5% 2.5% 2.5% 2.5% Property Tax 5.0% 6.0% 3.0% 3.0% 3.0% 3.0% Fee Revenues Projected Projected 3.0% 3.0% 3.0% 3.0% Other Government Projected Projected 3.0% 3.0% 3.0% 3.0% Other Revenue Projected Projected 3.0% 3.0% 3.0% 3.0% Internal Departments Projected Projected 3.0% 3.0% 3.0% 3.0% All Revenues (Not specific) Projected Projected 4.0% 4.0% 4.0% 4.0% Interest (Percent of Cash) 2.0% 2.0% 1.0% 1.0% 1.0% 1.0% Fiscal Year Ended Revenues City of Redding General Fund Ten Year Plan (in thousands) Fiscal Year Ending 2022 & 2023 Packet Pg. 755 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) 2027-28 2028-29 2029-30 2030-31 2031-32 Sales Tax 37,570 38,510 39,472 40,459 41,471 Property Tax 29,375 30,256 31,164 32,099 33,062 TOT 9,161 9,527 9,908 10,305 10,717 Cannabis Tax 2,297 2,389 2,485 2,584 2,687 Other Taxes 3,041 3,163 3,289 3,421 3,558 Licenses & Permits 2,936 3,054 3,176 3,303 3,435 Fines & Penalties 662 689 717 745 775 Other Government 1,219 1,256 1,294 1,333 1,373 Redding Rancheria 141 146 150 154 159 Internal Departments 14,995 15,445 15,909 16,386 16,877 Service Charges 3,853 4,007 4,167 4,334 4,507 Other Revenue 2,776 2,859 2,945 3,033 3,124 Use of Money & Property 585 585 585 585 585 Interest 211 122 116 120 123 Subtotal 108,825 112,008 115,377 118,861 122,453 Transfers In: Gas Taxes 8,882 9,149 9,423 9,706 9,997 Debt Service - - - - - Other Transfers In 366 377 389 400 412 Total Transfers In 9,249 9,526 9,812 10,106 10,409 Transfers Out: CVB & Convention Center (1,252) (1,290) (1,328) (1,368) (1,409) Parking - - - - - Library (1,116) (1,149) (1,184) (1,219) (1,256) Rolling Stock (1,608) (1,657) (1,706) (1,758) (1,810) Other Equipment (129) (133) (137) (141) (145) Internal Advances (968) (997) (1,027) (1,058) (1,090) Other Transfers Out (0) (0) (0) (0) (0) Total Transfers Out (5,074) (5,226) (5,383) (5,544) (5,710) Net Transfers 4,300 4,175 4,429 4,562 4,699 Total Revenues 113,000 116,308 119,806 123,423 127,152 Revenue Assumptions Sales Tax 2.5% 2.5% 2.5% 2.5% 2.5% Property Tax 3.0% 3.0% 3.0% 3.0% 3.0% Fee Revenues 3.0% 3.0% 3.0% 3.0% 3.0% Other Government 3.0% 3.0% 3.0% 3.0% 3.0% Other Revenue 3.0% 3.0% 3.0% 3.0% 3.0% Internal Departments 3.0% 3.0% 3.0% 3.0% 3.0% All Revenues (Not specific) 4.0% 4.0% 4.0% 4.0% 4.0% Interest (Percent of Cash) 1.0% 1.0% 1.0% 1.0% 1.0% Fiscal Year Ended City of Redding General Fund Ten Year Plan (in thousands) Revenues Fiscal Year Ending 2022 & 2023 Packet Pg. 756 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) Amended Amended 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 Safety UAL Payments 10,779 11,454 11,905 12,343 Misc UAL Payments 4,080 4,339 4,117 4,303 PARS UAL Payments 2,535 1,453 172 172 Police Personnel 30,243 32,676 25,237 26,656 28,320 29,058 Operating 6,031 5,914 6,726 6,928 7,135 7,350 Capital Outlay/Project 3,420 68 70 72 74 77 Subtotal 38,658 39,694 32,033 33,656 35,530 36,484 Fire Personnel 19,055 19,988 16,533 16,963 19,621 20,130 Operating 4,205 4,220 4,114 4,237 4,364 4,495 Capital Outlay/Project 515 250 258 265 1,218 2,310 Subtotal 24,457 23,775 20,904 21,466 25,204 26,935 Transportation & Engineering Personnel 2,541 2,821 930 955 968 993 Operating 3,367 3,418 3,433 3,536 3,642 3,752 Capital Outlay/Project 5,723 4,373 4,504 4,639 4,778 4,922 Subtotal 10,612 11,631 8,867 9,130 9,389 9,667 Parks & Recreation Personnel 4,005 4,317 3,663 3,767 3,870 3,980 Operating 2,481 2,524 2,521 2,596 2,674 2,754 Capital Outlay/Project 5,765 74 76 78 80 83 Subtotal 6,915 12,251 6,260 6,442 6,625 6,817 Development Services Personnel 4,484 4,956 3,580 3,678 3,773 3,877 Operating 1,473 1,032 1,027 1,058 1,089 1,122 Capital Outlay/Project 758 300 309 318 328 338 Subtotal 6,288 6,716 4,916 5,054 5,190 5,336 General Government & Other Personnel 4,624 4,771 3,507 3,602 3,692 3,793 Operating 3,533 3,432 3,255 3,353 3,453 3,557 Capital Outlay/Project 6,098 534 900 826 851 877 Debt Service 2,630 2,613 2,118 1,957 1,965 1,318 Subtotal 11,349 16,885 9,780 9,739 9,962 9,545 Add Back Personnel - - - - - - Add Back O&M - - - - - - Projected Savings (2,012) (1,760) (1,455) (1,508) (1,631) (1,697) Total Expenditures 108,939 96,519 98,699 101,225 106,461 109,905 Expenditure Assumptions Personnel - Wages Budget Budget 2.75% 2.75% 2.75% 2.75% O&M & Capital Outlay Budget Budget 3.0% 3.0% 3.0% 3.0% Debt Actual Actual Actual Actual Actual Actual Assumed Expense Savings 0.020 2.0% 2.0% 2.0% 2.0% 2.0% City of Redding General Fund Ten Year Plan (in thousands) Expenditures Fiscal Year Ending 2022 & 2023 Fiscal Year Ended Packet Pg. 757 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) 2027-28 2028-29 2029-30 2030-31 2031-32 Safety UAL Payments 12,665 12,996 13,337 13,687 13,496 Misc UAL Payments 4,411 4,521 4,634 4,750 4,584 PARS UAL Payments 172 172 172 172 172 Police Personnel 29,795 30,626 31,479 32,358 33,259 Operating 7,570 7,797 8,031 8,272 8,520 Capital Outlay/Project 79 81 84 86 89 Subtotal 38,505 37,444 39,594 40,716 41,868 Fire Personnel 20,640 21,216 21,808 22,417 23,042 Operating 4,630 4,769 4,912 5,059 5,211 Capital Outlay/Project 379 390 402 414 427 Subtotal 26,375 25,649 27,122 27,890 28,680 Transportation & Engineering Personnel 1,014 1,046 1,074 1,107 1,138 Operating 3,864 3,980 4,099 4,222 4,349 Capital Outlay/Project 5,069 5,221 5,378 5,539 5,706 Subtotal 10,247 9,947 10,551 10,869 11,193 Parks & Recreation Personnel 4,091 4,210 4,331 4,457 4,585 Operating 2,837 2,922 3,010 3,100 3,193 Capital Outlay/Project 85 88 91 93 96 Subtotal 7,220 7,014 7,431 7,650 7,874 Development Services Personnel 3,980 4,092 4,205 4,324 4,444 Operating 1,156 1,190 1,226 1,263 1,301 Capital Outlay/Project 348 358 369 380 391 Subtotal 5,641 5,484 5,800 5,967 6,136 General Government & Other Personnel 3,892 4,002 4,112 4,229 4,346 Operating 3,664 3,774 3,887 4,004 4,124 Capital Outlay/Project 903 930 958 987 1,016 Debt Service 1,314 1,313 1,310 1,309 1,311 Subtotal 10,020 9,773 10,267 10,528 10,797 Add Back Personnel 5,650 1,500 1,200 1,400 2,000 Add Back O&M 5,650 1,500 1,200 1,400 2,000 Projected Savings (1,928) (1,811) (1,849) (1,908) (1,985) Total Expenditures 121,929 116,886 119,460 123,121 126,815 Expenditure Assumptions Personnel - Wages 2.75% 2.75% 2.75% 2.75% 2.75% O&M & Capital Outlay 3.0% 3.0% 3.0% 3.0% 3.0% Debt Actual Actual Actual Actual Actual Assumed Expense Savings 2.0% 2.0% 2.0% 2.0% 2.0% City of Redding General Fund Ten Year Plan (in thousands) Expenditures Fiscal Year Ending 2022 & 2023 Fiscal Year Ended Packet Pg. 758 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Accept the report and provide direction to staff regarding preparation of the documents necessary to place a measure on the ballot for the November 8, 2022, General Municipal Election, to determine if the City Treasurer and City Clerk positions should be appointed rather than elected. Fiscal Impact There is no fiscal impact in directing staff to draft the necessary documents. Should a ballot measure be placed on the November ballot there will be a one-time cost of approximately $25,000. According to California Government Code section 36517 and Redding Municipal Code sections 2.16.010 and 2.20.010, the elected City Clerk and the elected City Treasurer receive compensation fixed by ordinance or resolution. The City Council set the stipend for the City Clerk and City Treasurer elected positions at $600 per month. If these elected positions become appointed, the stipends would be eliminated and the City of Redding (City) would save $14,400 per year. Also, as health and pension benefits are available for these elected positions, the estimated savings of eliminating these benefits is in excess of $25,000 per year. Alternative Action The City Council could decline to move forward with a ballot measure to consider appointing the City Clerk and the City Treasurer. Background/Analysis State law requires all general law cities to have a City Clerk and City Treasurer. The positions may be appointed or elected. In the City of Redding, the City Clerk and City Treasurer are MEETING DATE: May 17, 2022 ITEM NO. 9.10(b) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 9.10(b)--Consider placing a ballot measure on the November 8, 2022, General Municipal Election ballot to determine if the City of Redding's City Clerk and City Treasurer positions should be appointed rather than elected. Allyn Feci Clark, Director of Finance/City Treasurer Packet Pg. 759 Report to Redding City Council May 11, 2022 Re: 9.10(b)--Ballot Measure to appoint City Treasurer and City Clerk Page 2 elected by the voters to a four-year term. Pursuant to state law, there are three qualifications for someone to run for election for these positions: (1) must be a resident of the city; (2) must be registered to vote in the city; and (3) must be at least 18 years of age. As elected positions, there are no minimum educational or professional requirements. The voters of the City have not had an opportunity to address this issue since 1946. Over the decades since, the roles of the City Clerk and City Treasurer have evolved and become far more technical with numerous state and federal laws governing the designated responsibilities. To mitigate the risk of elected City Clerks and City Treasurers without the necessary training, many municipalities statewide have placed measures on the ballot asking the voters to approve moving from elected to appointed positions. Recent information provided by The League of California Cities, indicates that more than 75 percent of all general law cities have appointed City Clerks and 52 percent have appointed City Treasurers. The current City Clerk’s term ends in November 2022, and the current City Treasurer’s term ends in November 2024. If the Council chose to place a measure on the ballot for November 2022, and the voters approved the measure, the incumbents would remain in office either until the end of their term or their resignation. The City Clerk is the official keeper of records and contracts. Functions of the City Clerk’s Office include administration of the City's business license programs; the tracking of contracts awarded by competitive bid; compliance with requirements of all public contracts; establishment and oversight for maintaining a record retention schedule; and serving as the filing official for the City and its affiliated agencies for purposes of compliance with the Fair Political Practices Act. The City Clerk also oversees the preparation of meeting agendas, Reports to City Council, and accurate minutes of the proceedings. They perform under public scrutiny. Many of the City Clerks’ duties are prescribed by law governing open meetings, public records, and election procedures. The City Treasurer provides general financial oversight. Functions of the City Treasurer’s office include: managing the cash flow of the City through banking, collections, receipting, reporting, custody, and investment or disbursement of municipal funds in accordance with governmental accounting. All banking relationships are contracted and managed by the City Treasurer. The City Treasurer is required by statute to prepare financial reports for public disclosure and file them with the City Council. The investment policies that govern a City Treasurer’s actions are reviewed quarterly within the Investment Advisory Committee, and any recommended changes are presented to the City Council for action. Appointing the City Treasurer and City Clerk would allow the City to ensure that job applicants are selected through normal personnel procedures, including a competitive recruitment process and annual performance evaluations. The City would be positioned to identify an applicant to perform these jobs according to skills and qualification, rather than a successful candidacy. Council Priority/City Manager Goals • Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.” Packet Pg. 760 CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Authorize and approve the following actions to comply with state mandated legislation for the City of Redding Solid Waste Utility: (1) Offer Ordinance amending Redding Municipal Code (RMC) Title 9 (Health and Safety) to repeal and reenact Chapter 9.28 (Solid Waste and Recycling), for first reading by title only and waive the full reading; (2) Find that the passage of this ordinance is exempt from environmental review under the California Environmental Quality Act pursuant to Section 15061 of Title 14 of the California Code of Regulations (“Common Sense Exemption”) because it can be seen with certainty that passage of the ordinance will not have a significant effect on the environment; and (3) Authorize the City Attorney to prepare and the City Clerk to publish a summary ordinance according to law. Fiscal Impact There is no direct fiscal impact in adopting the proposed modifications. If amendments related to requiring participation in recycling and enforcement mechanisms are not adopted, penalties and other enforcement action could result, and the City of Redding (City) could be disqualified for some CalRecycle grant opportunities. Alternative Action The City Council (Council) may choose not to offer the ordinance as presented and provide direction to staff in regards to desired modifications. MEETING DATE: May 17, 2022 ITEM NO. 9.11(h) FROM: ***APPROVED BY*** [email protected] [email protected] SUBJECT: 9.11(h)--Consider Ordinance Amending Redding Municipal Code (RMC) Title 9 (Health and Safety) to repeal and reenact Chapter 9.28 (Solid Waste and Recycling). Ryan Bailey, Assistant Director of Public Works Packet Pg. 761 Report to Redding City Council May 11, 2022 Re: 9.11(h)--Ordinance amending RMC Title 9 (Health and Safety) Page 2 Background/Analysis The City ordinance addressing solid waste and recycling collection needs updating in order to reflect current processes or requirements that have been mandated by State of California (State) legislation. Due to the number of modifications and amendments, staff is recommending that the Council repeal and reenact Chapter 9.28. In January of 2022, Senate Bill 1383 (SB 1383) went into effect, which establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) in various sectors of the State’s economy. There are many parts to SB 1383, but the six main elements of this law are: Organics and Recycling Collection, Education and Outreach, Edible Food Recovery, Procurement (use of a quantity of recovered organic waste such as compost, mulch, renewable gas, etc.), and Contamination Monitoring and Capacity Planning. SB 1383 stipulates that jurisdictions have an enforcement mechanism/ordinance in place that requires participation in recycling programs and includes a fine for willful noncompliance. Jurisdictions that do not have an enforceable mechanism will not qualify for some State offered grant opportunities through CalRecycle and will not be complying with the regulation. The list below summarizes the key changes and explains the need for the change. The full strikeout/underline version of the code is attached to the report. Definitions - The amended ordinance includes an update to the Definitions section to reflect current terminology for waste and recycling. Participation Required – In order to comply with the mandate to have an enforceable mechanism, the ordinance requires participation in recycling and/or recycling programs and establishes that the City can issue waivers for compliance with recycling when based on the appropriate criteria outlined in SB 1383. Private Disposal – The language in this section clarifies that the City is the provider of waste hauling services and identifies the circumstances for when private companies can haul waste for line of business activities. Violations – This section provides the ability for the City to assess fines to enforce compliance with recycling and diversion mandates. The fines would follow after a Notice of Violation (NOV) requiring compliance within 60 days has been issued. If the violator is still out of compliance after the 60 days the minimum fine amounts determined by the regulation are as follows: • First violation in a one-year period of time - $100 • Second violation in a one-year period of time - $200 • Third violation in a one-year period of time - $500 Once an ordinance has been adopted then staff will move forward with an outreach and education campaign to further inform residents and customers about the new legislation and how to comply with it locally. The campaign will also list the various methods by which compliance can be achieved, as well as, who must comply and which situations qualify for a waiver to apply for such. Packet Pg. 762 Report to Redding City Council May 11, 2022 Re: 9.11(h)--Ordinance amending RMC Title 9 (Health and Safety) Page 3 Council Priority/City Manager Goals • Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.” Attachments ^Ordinance ^Ordinance - strikeout Packet Pg. 763 DRAFT NEW ORDINANCE ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF REDDING AMENDING REDDING MUNICIPAL CODE TITLE 9 (HEALTH AND SAFETY) TO REPEAL AND REENACT CHAPTER 9.28 (SOLID WASTE AND RECYCLING) THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 9 (Health and Safety), Chapter 9.28 (Garbage and Rubbish) is hereby repealed and reenacted with a title to read as follows: SOLID WASTE AND RECYCLING 9.28.010 Definitions. 9.28.020 Dead animals excluded. 9.28.030 Accessibility to rats prohibited. 9.28.040 Rubbish on streets. 9.28.050 Solid Waste in drainage ditches. 9.28.060 Solid Waste—Burning prohibited. 9.28.070 Solid Waste —Accumulation prohibited. 9.28.080 Solid Waste —Burying prohibited. 9.28.090 Private disposal. 9.28.100 Depositing in unauthorized place. 9.28.110 Charges—Fixing. 9.28.120 Charges—Paid when. 9.28.130 Charges—Liability. 9.28.140 Charges—Delinquent. 9.28.150 Receptacles—Required. 9.28.160 Receptacles—Condemnation of noncomplying. 9.28.170 Solid Waste Disposal—Required. 9.28.180 Tree trimmings and garden waste. 9.28.190 Receptacles—Cleanliness required. 9.28.200 Containers—Collection. 9.28.210 Containers—On streets. 9.28.220 Wrapping Solid Waste. 9.28.230 Clear path to container. 9.28.240 Landfill—Rate establishment. 9.28.250 Landfill—Tires. 9.28.260 Landfill—Garbage and refuse. 9.28.270 Scavenging—Prohibited. 9.28.280 Recycling—Required. 9.28.290 Commercial generators—Compliance and waivers. 9.28.300 Materials prohibited in containers. 9.28.310 Design of projects to include facilities for recyclable materials. 9.28.320 Violations. Packet Pg. 764 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) Section 2. Title 9 of the Redding Municipal Code is amended to add Sections 9.28.010 through 9.28.320, inclusive, to Chapter 9.28 to read as follows: 9.28.010 - Definitions. Unless it is apparent from the context that another meaning is intended, the following words, when used in this chapter, shall have the meanings respectively ascribed to them by this section: A. “Commercial” means of or pertaining to a business establishment and/or industrial facility including, but not limited to, governmental, religious, and educational facilities. B. “Container” means a bin, cart, roll-off box, drop box, receptacle, can, waste wheeler, compactor or other City-approved vessel for the collection of Solid Waste. C. “Customer” means the person subscribing to collection services. D. “E-waste” has the same meaning as in California Public Resources Code Section 42463. E. “Food soiled paper” means compostable paper material that has come into contact as a result of food preparation. F. “Food waste” or “food scraps” Solid Waste comprised of but not limited to animal, fruit, or vegetable refuse that has been prepared for or intended to be used as food or has resulted from the preparation of the food. Food waste also includes food-soiled paper resulting from such food preparations and/or storage. Food waste excludes fats, oils, and grease when said materials are separated from other food scraps. G. “Generator” means a person that produced Solid Waste to include mixed materials, organic materials, bulky goods or recyclable materials. H. “Organic waste” weans Solid Waste including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, nonhazardous wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges. I. “Organic waste generator” means a person or entity that is responsible for the initial creation of organic waste. J. “Recycle” or “recycling” has the meaning established by the State’s Public Resources Code Section 40180. K. “Responsible party” means “customer” and/or “owner,” “tenant” or “occupant.” L. “Self-hauler” means a person disposing of Solid Waste generated by that person or occupants of the person’s property when such Solid Waste is removed, transferred and disposed in compliance with all applicable laws. M. “Solid Waste” has the same meaning as defined in the State of California’s Resources Code Section 40191, in addition to materials that may be recycled. Solid Waste does not include any of the following wastes: Packet Pg. 765 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) 1. Hazardous waste, as defined in the State Public Resources Code 28 Section 40141. 2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8, Part 9 of Division 104 of the State Health and Safety Code). 3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 of Division 104 of the State Health and Safety Code). N. “Solid Waste services” means the collection, transfer, processing, recycling, removal, transportation and disposal of Solid Waste. O. “Unacceptable waste” means any and all waste, including but not limited to hazardous waste, household hazardous waste, and medical waste. P. “U-waste” means waste that the California Department of Toxic Substances control considers universal waste (Title 22, Division 4.5, Chapter 23), including but not limited to household batteries, fluorescent light tubes, compact fluorescent light tubes, sharps, computers, radios, some appliances and mercury-containing devices. 9.28.020 - Dead animals excluded. The terms “organic waste” and “Solid Waste” as used in this chapter shall not be construed to include dead animals. 9.28.030 - Accessibility to rats prohibited. A. It is unlawful to have, store, deposit or keep Solid Waste where rats can have access thereto or feed thereon. B. Each day's violation of this section shall be treated and considered, and it shall be a separate and distinct offense. 9.28.040 - Rubbish on streets. A. It is unlawful to place, deposit or dump, or cause to be placed, deposited or dumped, within the corporate limits of the City, any Solid Waste, including but not limited to garbage, swill, cans, bottles, papers, ashes, refuse, carcass of any dead animal, offal, trash or rubbish or any noisome, nauseous or offensive matter in or upon any street, road or alley, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or on any private property without the consent of the owner, or in or upon any public park or other public property other than property designated or set aside for such purpose by the governing board or body having charge thereof. B. Any person violating the provisions of this section shall be charged with a misdemeanor. 9.28.050 - Solid Waste in drainage ditches. A. It is unlawful to place, deposit or dump, or cause to be placed, deposited or dumped, within the corporate limits of the City any Solid Waste, including but not limited to, garbage, swill cans, bottles, paper, ashes, refuse or carcass of any dead animal, offal, trash or rubbish, or Packet Pg. 766 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) any other nauseous or offensive matter in or upon any waterway, creek or drain ditch, either natural or artificial, nor shall any person cause to be deposited in any drain ditch, as described in this section, any Solid Waste, garbage or other matter, as described in this section, which may in any manner obstruct the natural flow of the drain ditch, or be carried downstream from the place of deposit by the flow of water within the maximum flow capacity of the drain ditch or other waterway. B. Any person violating the provisions of this section shall be charged with a misdemeanor. 9.28.060 - Solid Waste—Burning prohibited. It is unlawful to burn any Solid Waste on any lot or premises within the limits of the City. 9.28.070 - Solid Waste —Accumulation prohibited. A. It is unlawful for any person to deposit, keep or accumulate, or cause, permit or suffer to be deposited, kept or accumulated, for more than seven days, any Solid Waste, garbage, rubbish, castaway furniture, appliances, automobile parts, packing material, vehicle body parts, cardboard, or any other matter that constitutes a public nuisance pursuant to this code or any law, in or upon any lot or parcel of land or any public or private drive, alley or street, house, store, restaurant, business, or any place in the city. B. A person violating the provisions of this section shall be charged with a misdemeanor as provided in Section 9.28.300. 9.28.080 - Solid Waste —Burying prohibited. It is unlawful for any person to bury any Solid Waste beneath the surface of any premises within the City. This provision shall not apply to the cut and fill operations of the City. 9.28.090 - Private disposal. A. It is unlawful for any person other than the City to remove, collect or transport any Solid Waste materials from premises within the City except: 1. Materials that are transported to a transfer station, recycling center, or material recovery facility by the occupant and/or permissible contracted haulers serving areas outside the City’s jurisdiction; 2. Materials that are removed from a premise by a person through the performance of a direct service not otherwise provided by the City to include but not limited to landscaping services, office paper shredding, and construction and demolition projects as a separately contracted or subcontracted hauling service; or 3. Persons who self-haul the generated Solid Waste material as permissible in Section 9.28.170 to a licensed transfer station, processing facility, landfill, or material recovery facility. Packet Pg. 767 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) 9.28.100 - Depositing in unauthorized place. A. It is unlawful for any person in the City to throw or deposit any Solid Waste, including but not limited to, garbage, rubbish, or other matter that constitutes a public nuisance pursuant to this code or any other law, or to cause the same to be thrown or deposited upon any street, alley, gutter, sidewalk, curb, park, median strip, public planters, or other public places, or deposit or throw upon any vacant lot, private lot, or any other public or private parcel of land regardless of where it is deposited on such land, or to store or keep the same otherwise than in cans or receptacles as required by Section 9.25.150. B. Any person violating the provisions of this section shall be charged with a misdemeanor. 9.28.110 - Charges—Fixing. The City Council may hereafter, by resolution, fix the rates for the various types of Solid Waste services, and shall be sufficient to fully recover the full cost of providing said services, including but not limited to Solid Waste disposal, landfill maintenance, and recycling services and programs. 9.28.120 - Charges—Paid when. The charges for services rendered under this chapter shall be paid at the same time and in the same manner as water and light bills are paid, and all rules and regulations governing the collection of water and light bills shall apply in every particular in the collection of Solid Waste bills. 9.28.130 - Charges—Liability. A. Every person receiving any service designated in this chapter shall be liable to the City rendering the service for the charges determined as provided in Section 9.28.110. B. In addition to the direct liability of the person receiving the service, it shall be presumed that the occupant of any premises served is the agent of the owner thereof, and is acting for and on behalf of the owner in subscribing for the service. C. Every service performed under this chapter shall be presumed to be for the benefit of the premises from which any Solid Waste, including but not limited to garbage, refuse or rubbish is removed and the charges accruing for such service shall be a lien upon the premises served. 9.28.140 - Charges—Delinquent. The delinquent charges for services rendered to premises under this chapter may be collected at the option of the City Council in the following manner: A. By a personal action against the occupant or owner of the premises served; or, B. By an action for foreclosure of the lien on the premises served. 9.28.150 - Receptacles—Required. A. All Solid Waste generated or produced within the city shall be deposited in a container or containers provided by and, in some instances, approved by the City. Packet Pg. 768 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) B. All Solid Waste containers provided by the city shall be kept clean and sanitary and portable by the owner. All containers, once delivered, shall be the sole responsibility of the person for any given premise for which said person is the owner, occupant, tenant or manager. C. As a requirement of the use or occupancy of property in the City, it shall be the duty of every owner or occupant of any residential dwelling, the owner, proprietor or manager of any multi-family dwelling, commercial or industrial use and of every other person generating Solid Waste as a result of the use of property to provide and keep within the property suitable and sufficient containers for the accumulation of Solid Waste including recycling and green waste, during the interval between pickups without causing public or private property to become littered. D. Waste consisting of hazardous waste shall not be placed for collection through Solid Waste services, but rather shall be disposed of at designated hazardous waste collection sites or through periodic household hazardous waste collection vents, or as otherwise required by law. E. Medical waste shall not be placed for collection through Solid Waste services, but rather shall be disposed of as otherwise required by law. F. Recyclable material, including organics, shall be separated from other Solid Waste for collection in containers designated and/or approved by the City. G. Large household items shall not be placed for collection through the Solid Waste service, but rather shall be disposed of by special arrangement through the City and/or an authorized self-hauler. 9.28.160 - Receptacles—Condemnation of noncomplying. A. In the event any garbage, rubbish or waste matter can or receptacle is found by the enforcement officer or officers specified in this chapter to be not in compliance with the provisions set forth in this chapter, or detrimental to the public health, after an inspection by the enforcement officer, a notice shall be served upon the owner, resident or tenant on the premises on which the can or receptacle is located, by the enforcement officer, stating that the can or receptacle is condemned and must be removed and replaced by one which complies with the provisions of this chapter within a period of five days. B. The notice shall state that if the can or receptacle is not removed and replaced within the period, the enforcement officer is empowered to condemn and remove from the premises the can or receptacle. C. In the event the can or receptacle is removed by the enforcement officers, a notice shall be posted in a conspicuous place on the premises stating that the can or receptacle shall be destroyed. The can or receptacle shall be held for a period of thirty days after posting and, if no action is commenced to recover possession of the can or receptacle, it shall be summarily destroyed. If the can or receptacle is held by a court in any such action to be detrimental to the public health it shall be summarily destroyed immediately after the decision of the court has become final. Packet Pg. 769 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) D. The exercise of any power under this section is not to be construed as an exclusive remedy or as an election to proceed under it only and shall not be a bar to any other procedure or prosecution under any section of this chapter or the laws of the state. 9.28.170 - Solid Waste Disposal—Required. A. To further the public welfare, limit the amount of Solid Waste requiring disposal in landfills or other methods, to enhance the economy, to comply with statewide Solid Waste regulations, Solid Waste services shall be required in a manner that promotes waste reduction and resource preservation throughout the City. B. Every person in possession, charge, or control of any single-family dwelling, multi-family dwelling, or commercial premises shall ensure that arrangements are made to properly dispose of the Solid Waste created, produced, or accumulated on the premises through maintaining a subscription for regular Solid Waste collection services from the City or, where permissible, self-hauling and/or subcontracting services. C. All persons shall dispose of or recycle Solid Waste in the manner provided in this chapter. D. No person except the city or an authorized collector shall collect or transport Solid Waste or provide Solid Waste services within the City unless specifically authorized by the City, with the following exceptions: 1. Collection, transfer, handling and disposal of hazardous waste; 2. Collection, transfer, handling and disposal of medical waste; 3. The removal and transportation of waste vegetation derived from landscaping activities by the owner or occupant of the property from which the material is derived, or by persons licensed to do landscaping or tree trimming business in the City and providing service to the owner or occupant of the property from which the material is derived; 4. Collection, transport, disposal or recycling of litter by an individual or volunteer group of individuals; 5. Community or neighborhood clean-up activities operated in cooperation with the City or an authorized person; 6. City crews collecting, transporting, disposing or recycling and transporting Solid Waste to a transfer station, processing facility, landfill, or material recovery facility. 9.28.180 - Tree trimmings and garden waste. Tree trimmings, tree limbs, tree trunks and tree stumps need not be placed in a receptacle, but will not be collected if they exceed six inches in diameter or four feet in length or seventy-five pounds in weight. Such material, including brush and garden trimmings, will not be collected unless securely tied in a bundle. Packet Pg. 770 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) 9.28.190 - Receptacles—Cleanliness required. It is the duty of every person served under this chapter to keep the Solid Waste containers used in the service of that person in a clean and sanitary condition. 9.28.200 - Containers—Collection. A. All containers used shall be kept in some convenient and accessible place to be designated by the person charged with the administration of this chapter, and shall not be situated more than forty feet from any curb or alley, accessible to the person collecting the garbage and refuse unless otherwise strictly approved by the City on a case-by-case scenario. B. With the exception of unacceptable waste, ownership of which shall remain with the generator unless arrangements for collection by the City and/or a different hauler have been made, any Solid Waste, including recyclables, placed on any public street, sidewalk or any other location designated for the collection of Solid Waste, shall be conclusively presumed to have been discarded. The title of the collected material shall pass to the City. C. On collection day, automated-refuse containers shall be placed no further than two feet from the curb and away from any obstruction that may interfered with the safe operation of the sanitation equipment. Cans shall be placed no earlier than twelve hours prior to scheduled pickup time, and shall be moved back to a “proper storage location” not later than twelve hours after collection. “Proper storage location” means beside or behind the house or building, or an area or enclose, so that the maximum extent possible the automated-refuse container is not visible from the public right-of-way. 9.28.210 - Containers—On streets. Notwithstanding anything provided in this code, the City Council may grant a franchise to or contract with, any person to place and install upon city streets in such locations as may be approved by the City Council, and upon such terms and conditions which the City Council may impose, refuse cans for the purpose of the collection of Solid Waste. The City Council may allow advertising to be placed upon such refuse cans; provided, that they are maintained neat in appearance and in good sanitary condition 9.28.220 - Wrapping Solid Waste. All garbage coming from household waste incurred in the preparation of food shall be first drained and enclosed in paper or plastic before being placed in the Solid Waste containers. 9.28.230 - Clear path to container. It is the duty of the occupant of the premises served to keep a clear path from the street or alley to the Solid Waste containers. 9.28.240 - Landfill—Rate establishment. The City Council may hereafter, by resolution, establish rates for the deposit of rubbish by private persons at the City's sanitary landfill. Packet Pg. 771 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) 9.28.250 - Landfill—Tires. It is unlawful for any person not a resident or a person licensed to do business from an established place of business within the City to deposit tires in the City's sanitary landfill. 9.28.260 - Landfill—Garbage and refuse. It is unlawful for any person to deposit garbage or refuse in the City's sanitary landfill, except as directed by City personnel or official signs directing placement and hours of operation. 9.28.270 - Scavenging—Prohibited. A. It is unlawful for any person to scavenge, salvage, or otherwise remove any material of any nature whatsoever from the area occupied by and operated as the City's sanitary landfill, or to go upon such area for any purpose not authorized by this code; except that the City may by contract authorize a nonprofit organization to salvage materials and conduct other operations of benefit to the general public. B. It is unlawful for any person to scavenge, tamper with, destroy or otherwise deface any collection container or its material contents for any personal or professional or commercial use. C. This section shall not apply to the activities of the City, an authorized collector, the owner or occupants of a premise, or a person authorized by the City. D. Any person violating the provisions of this section is guilty of an infraction. 9.28.280 - Recycling—Required. A. Every person shall ensure that all designated recyclable, green waste, and food waste materials shall be separated from other Solid Waste in accordance to the services offered by and/or allowed within the City. The disposal of designated recyclable, green waste, and food waste materials mixed with other Solid Waste is prohibited. The failure to comply with the requirements of this section is a threat to the public health, safety and welfare, and is declared and deemed a violation. B. Every person in possession, charge or control of any place or premises within the City shall ensure that tenants, lessees, employees and/or occupants have access to on-site recycling services as offered by the City. C. On-site recycling and organic material diversion services required under this article shall: 1. Collect at least the following materials: paper (mixed and office paper), plastic bottles and containers labeled with the universal recycling sign #1 and #2, aluminum cans, corrugated cardboard, glass bottles, and jars; 2. Collect green waste material; 3. Collect food scraps; Packet Pg. 772 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) 4. Provide containers, collection, capacity, and storage areas; 5. Remove the recyclable or organic material by either: a. Establishing services with the City; or b. Transporting the recyclable and/or organic materials to a licensed transfer station, processing facility, landfill, or material recovery facility. D. The City may update the list of recyclable materials required to be recycled at a future date, as allowed by the City’s capacity and/or pursuant to state laws. Such list may be accessible, primarily, on the City’s website and may be available to every person upon request. E. Every person in possession, charge or control of any place or premise within City limits shall provide proper recycling information and instructions in accordance with state￾mandated recycling laws to: 1. All tenants, occupants and employees of the premises annually; 2. A new employee, occupant or tenant no later than the 14th day after the tenant occupies or employee begins work at the premises; and 3. All employees or tenants not later than the 14th day after substantive changes in the recycling service offered at the premise and or by the City. 9.28.290 - Commercial generators—Compliance and waivers. A. Each commercial generator, including all multi-family dwelling units of five units or more, shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter. B. Each commercial generator shall subscribe to a level of service that is sufficient to handle the volume of recyclable and organic materials generated or accumulated on the premises. C. Each commercial generator shall ensure the proper separation of Solid Waste, as established and updated by the City, by placing each type of material in designated containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on-site conduct proper separation. D. Each commercial generator shall use containers to collect and store recyclable and organics material, and shall designate areas to collect and/or store these materials. Additionally: 1. Each commercial generator shall prominently post and maintain one or more signs in maintenance or work areas or common areas where recyclable materials and organic materials are collected and/or stored that specify the materials to be recycles and hot to recycle such material. 2. The City shall notify and instruct commercial generators in writing of applicable recycling and organics requirements. Packet Pg. 773 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) 3. Upon request by commercial generators, the City will also provide outreach and training to commercial generator employees and tenants regarding what materials are required to be recycled and how to recycle such material. E. Commercial generators seeking a waiver shall submit their request for a waiver to the City via the approved process. After reviewing the request, the City may either approve or deny the waiver request. Requirements for waivers are subject to change in accordance with state regulations. Commercial generators may apply for a waiver if one or more of the following apply: 1. Generates more than two cubic yards per week of total Solid Waste but less than 20 gallons per week of organic waste. 2. Generates less than two cubic yards per week of total Solid Waste and less than 10 gallons per week of organic waste. 3. Collection frequency of a blue and gray container takes place on a bi-weekly as opposed to weekly basis. 4. Commercial generators that can provide documentation that no recyclable or organic material is generated on the premises. 5. Commercial generators that can provide documentation of a shared container for recyclable and/or organic materials with adjacent commercial facilities or multi￾family dwellings. 6. Commercial generators that can provide documentation that the generated recyclable and/or organic material is self-hauled or hauled by an approved collector and is hauled to a licensed facility. 7. Commercial generators that can provide documentation of the lack of adequate physical space for recycling and/or organic waste containers. 9.28.300 - Materials prohibited in containers. Hazardous waste, medical waste, unacceptable waste, earth, rocks, e-waste, u-waste, human waste and other potentially infection material, and liquid wastes shall not be deposited or placed in the provided containers. 9.28.310 - Design of projects to include facilities for recyclable materials. New and substantially remodeled commercial, industrial and multifamily residential premises shall be designed to include space for storage and collection of Solid Waste materials, recycling and organics included. The design shall be submitted for approval to the City and shall meet all applicable regulations. 9.28.320 - Violations. A. Any Responsible Party, as that term is defined in Chapter 1.13, responsible for any violation of this Chapter shall be subject to the following administrative penalties: Packet Pg. 774 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) 1. For a first violation within a one year period of time, the amount of the fine shall be $100, per violation. 2. For a second violation within a one year period of time, the amount of the fine shall be $200, per violation. 3. For a third or subsequent violation within a one year period of time, the amount of the fine shall be $500, per violation. B. Except as otherwise provided, a violation of any section within this Chapter is punishable as an infraction. Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Redding hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. Section 4. The passage of this ordinance is not subject to the provisions of the California Environmental Quality Act. Pursuant to Section 15061 of Title 14 of the California Code of Regulations (“Common Sense Exemption”), the City Council finds that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. Section 5. This ordinance shall take effect thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 17th day of May, 2022, and was duly read and adopted at a regular meeting on the ____ day of __________, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: _________________________________ KRISTEN SCHREDER, Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney Packet Pg. 775 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) STRIKEOUT ORDINANCE OLD LANGUAGE: Struck Out NEW LANGUAGE: Underline ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF REDDING AMENDING REDDING MUNICIPAL CODE TITLE 9 (HEALTH AND SAFETY) TO REPEAL AND REENACT CHAPTER 9.28 (SOLID WASTE AND RECYCLING) Chapter 9.28 (Garbage and Rubbish Solid Waste and Recycling) 9.28.010 Definitions. Unless it is apparent from the context that another meaning is intended, the following words, when used in this chapter, shall have the meanings respectively ascribed to them by this section: A. "Garbage" means and includes all animal or vegetable refuse from kitchens, and all household waste that has been prepared for or intended to be used as food or has resulted from the preparation of the food, and all animal or vegetable refuse from establishments where foodstuffs intended for human consumption are handled commercially. B. "Rubbish" means and includes all refuse other than garbage, including paper, rags, leaves, glass, vines, sawdust, sweepings, plaster, trimmings from lawns, trees and flower gardens, pasteboard boxes, metal shavings, boxes, ashes and all refuse, except that from building construction or repairs. A. “Commercial” means of or pertaining to a business establishment and/or industrial facility including, but not limited to, governmental, religious, and educational facilities. B. “Container” means a bin, cart, roll-off box, drop box, receptacle, can, waste wheeler, compactor or other City-approved vessel for the collection of Solid Waste. C. “Customer” means the person subscribing to collection services. D. “E-waste” has the same meaning as in California Public Resources Code Section 42463. E. “Food soiled paper” means compostable paper material that has come into contact as a result of food preparation. F. “Food waste” or “food scraps” Solid Waste comprised of but not limited to animal, fruit, or vegetable refuse that has been prepared for or intended to be used as food or has resulted from the preparation of the food. Food waste also includes food-soiled paper resulting from such food preparations and/or storage. Food waste excludes fats, oils, and grease when said materials are separated from other food scraps. G. “Generator” means a person that produced Solid Waste to include mixed materials, organic materials, bulky goods or recyclable materials. Packet Pg. 776 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) H. “Organic waste” weans Solid Waste including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, nonhazardous wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges. I. “Organic waste generator” means a person or entity that is responsible for the initial creation of organic waste. J. “Recycle” or “recycling” has the meaning established by the State’s Public Resources Code Section 40180. K. “Responsible party” means “customer” and/or “owner,” “tenant” or “occupant.” L. “Self-hauler” means a person disposing of Solid Waste generated by that person or occupants of the person’s property when such Solid Waste is removed, transferred and disposed in compliance with all applicable laws. M. “Solid Waste” has the same meaning as defined in the State of California’s Resources Code Section 40191, in addition to materials that may be recycled. Solid Waste does not include any of the following wastes: 1. Hazardous waste, as defined in the State Public Resources Code 28 Section 40141. 2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8, Part 9 of Division 104 of the State Health and Safety Code). 3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 of Division 104 of the State Health and Safety Code). N. “Solid Waste services” means the collection, transfer, processing, recycling, removal, transportation and disposal of Solid Waste. O. “Unacceptable waste” means any and all waste, including but not limited to hazardous waste, household hazardous waste, and medical waste. P. “U-waste” means waste that the California Department of Toxic Substances control considers universal waste (Title 22, Division 4.5, Chapter 23), including but not limited to household batteries, fluorescent light tubes, compact fluorescent light tubes, sharps, computers, radios, some appliances and mercury-containing devices. 9.28.020 Dead animals excluded. The terms “garbage” and “rubbish” “organic waste” and “Solid Waste” as used in this chapter shall not be construed to include dead animals. 9.28.030 Accessibility to rats prohibited. A. It is unlawful to have, store, deposit or keep garbage or rubbish Solid Waste where rats can have access thereto or feed thereon. Packet Pg. 777 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) B. Each day's violation of this section shall be treated and considered, and it shall be a separate and distinct offense. 9.28.040 Rubbish on streets. A. It is unlawful to place, deposit or dump, or cause to be placed, deposited or dumped, within the corporate limits of the City, any solid waste, including but not limited to garbage, swill, cans, bottles, papers, ashes, refuse, carcass of any dead animal, offal, trash or rubbish or any noisome, nauseous or offensive matter in or upon any street, road or alley, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or on any private property without the consent of the owner, or in or upon any public park or other public property other than property designated or set aside for such purpose by the governing board or body having charge thereof. B. Any person violating the provisions of this section shall be charged with a misdemeanor . 9.28.050 Rubbish Solid waste in drainage ditches. A. It is unlawful to place, deposit or dump, or cause to be placed, deposited or dumped, within the corporate limits of the city any solid waste, including but not limited to, garbage, swill cans, bottles, paper, ashes, refuse or carcass of any dead animal, offal, trash or rubbish, or any other nauseous or offensive matter in or upon any waterway, creek or drain ditch, either natural or artificial, nor shall any person cause to be deposited in any drain ditch, as described in this section, any solid waste, garbage or other matter, as described in this section, which may in any manner obstruct the natural flow of the drain ditch, or be carried downstream from the place of deposit by the flow of water within the maximum flow capacity of the drain ditch or other waterway. B. Any person violating the provisions of this section shall be charged with a misdemeanor as provided in Section 9.28.300. 9.28.060 Garbage Solid waste—Burning prohibited. It is unlawful to burn any garbage solid waste on any lot or premises within the limits of the City. 9.28.070 Garbage Solid Waste —Accumulation prohibited. A. It is unlawful for any person to deposit, keep or accumulate, or cause, permit or suffer to be deposited, kept or accumulated, for more than seven days, any solid waste, garbage, rubbish, castaway furniture, appliances, automobile parts, packing material, vehicle body parts, cardboard, or any other matter that constitutes a public nuisance pursuant to this code or any law, in or upon any lot or parcel of land or any public or private drive, alley or street, house, store, restaurant, business, or any place in the City. B. A person violating the provisions of this section shall be charged with a misdemeanor as provided in Section 9.28.300. 9.28.080 Garbage Solid Waste —Burying prohibited. Packet Pg. 778 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) It is unlawful for any person to bury any garbage Solid Waste beneath the surface of any premises within the City. This provision shall not apply to the cut and fill operations of the City. 9.28.090 Private disposal. A. Only the employees of the sanitation division shall remove, transport or convey any garbage or rubbish upon or along any public street, alley or place within the city except as provided in this section. B. Private persons may transport their own rubbish from their residences only, provided that it is a material not attractive to insects or rodents, except also that private persons may transport refuse generated from agricultural or animal husbandry operations conducted on their own property within the city. A. It is unlawful for any person other than the city to remove, collect or transport any Solid Waste materials from premises within the city except: 1. Materials that are transported to a transfer station, recycling center, or material recovery facility by the occupant and/or permissible contracted haulers serving areas outside the city’s jurisdiction; 2. Materials that are removed from a premise by a person through the performance of a direct service not otherwise provided by the city to include but not limited to landscaping services, office paper shredding, and construction and demolition projects as a separately contracted or subcontracted hauling service; or 3. Persons who self-haul the generated Solid Waste material as permissible in Section 9.28.170 to a licensed transfer station, processing facility, landfill, or material recovery facility. 9.28.100 Depositing in unauthorized place. A. It is unlawful for any person in the city to throw or deposit any Solid Waste, including but not limited to, garbage, rubbish, or other matter that constitutes a public nuisance pursuant to this code or any other law, or to cause the same to be thrown or deposited upon any street, alley, gutter, sidewalk, curb, park, median strip, public planters, or other public places, or deposit or throw upon any vacant lot, private lot, or any other public or private parcel of land regardless of where it is deposited on such land, or to store or keep the same otherwise than in cans or receptacles as required by Section 9.25.150. B. Any person violating the provisions of this section shall be charged with a misdemeanor as provided in Section 9.28.300. 9.28.110 Charges—Fixing. The city council may hereafter, by resolution, fix the rates for the collection and removal of garbage and rubbish, for any services required to be performed under this chapter the various types of Solid Waste services, and shall be sufficient to fully recover the full cost of providing said services, including but not limited to Solid Waste disposal, landfill maintenance, and recycling services and programs. Packet Pg. 779 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) 9.28.120 - Charges—Paid when. The charges for services rendered under this chapter shall be paid at the same time and in the same manner as water and light bills are paid, and all rules and regulations governing the collection of water and light bills shall apply in every particular in the collection of garbage Solid Waste bills. 9.28.130 - Charges—Liability. A. Every person receiving any service designated in this chapter shall be liable to the City rendering the service for the charges determined as provided in Section 9.28.110. B. In addition to the direct liability of the person receiving the service, it shall be presumed that the occupant of any premises served is the agent of the owner thereof, and is acting for and on behalf of the owner in subscribing for the service. C. Every service performed under this chapter shall be presumed to be for the benefit of the premises from which any Solid Waste, including but not limited to garbage, refuse or rubbish is removed and the charges accruing for such service shall be a lien upon the premises served. 9.28.150 Receptacles—Required. A. Each occupant of a place of residence or a place of business in the city shall keep on the premises occupied by him a watertight garbage container made of galvanized steel or other approved material which will not rust easily and can be readily cleaned, having at least two rigid handles and a close-fitting lid of the same material, and having a capacity of not less than five gallons nor more than forty gallons. B. The close-fitting cover shall at all times, except when garbage is being deposited in or taken from such receptacle, be placed in proper position as a cover to the container. A. All Solid Waste generated or produced within the City shall be deposited in a container or containers provided by and, in some instances, approved by the City. B. All Solid Waste containers provided by the City shall be kept clean and sanitary and portable by the owner. All containers, once delivered, shall be the sole responsibility of the person for any given premise for which said person is the owner, occupant, tenant or manager. C. As a requirement of the use or occupancy of property in the City, it shall be the duty of every owner or occupant of any residential dwelling, the owner, proprietor or manager of any multi-family dwelling, commercial or industrial use and of every other person generating Solid Waste as a result of the use of property to provide and keep within the property suitable and sufficient containers for the accumulation of Solid Waste including recycling and green waste, during the interval between pickups without causing public or private property to become littered. D. Waste consisting of hazardous waste shall not be placed for collection through Solid Waste services, but rather shall be disposed of at designated hazardous waste collection sites or through periodic household hazardous waste collection vents, or as otherwise required by law. Packet Pg. 780 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) E. Medical waste shall not be placed for collection through Solid Waste services, but rather shall be disposed of as otherwise required by law. F. Recyclable material, including organics, shall be separated from other Solid Waste for collection in containers designated and/or approved by the City. G. Large household items shall not be placed for collection through the Solid Waste service, but rather shall be disposed of by special arrangement through the City and/or an authorized self-hauler. 9.28.170 Receptacles—Refuse Solid Waste Disposal – Required. It is the duty of every person serviced under this chapter to provide containers or receptacles for the holding of refuse and rubbish in the event such refuse or rubbish is not placed in a garbage can. Such receptacles or containers shall be designed for easy handling, and shall weigh no more than fifty pounds including any and all contents placed therein. All refuse and rubbish shall be placed in the containers by the persons serviced under this chapter, which shall be placed only in receptacles or containers which comply not only with the provisions of this section but also the provisions of Section 9.28.150, and excepting also that refuse or rubbish which complies with the specifications provided in Section 9.28.180. Where specially-designed automated refuse containers are being used, only containers meeting the prescribed specifications shall be allowed, and the capacity and weight limitations of this section will not be applicable to such containers. A. To further the public welfare, limit the amount of Solid Waste requiring disposal in landfills or other methods, to enhance the economy, to comply with statewide Solid Waste regulations, Solid Waste services shall be required in a manner that promotes waste reduction and resource preservation throughout the City. B. Every person in possession, charge, or control of any single-family dwelling, multi-family dwelling, or commercial premises shall ensure that arrangements are made to properly dispose of the Solid Waste created, produced, or accumulated on the premises through maintaining a subscription for regular Solid Waste collection services from the City or, where permissible, self-hauling and/or subcontracting services. C. All persons shall dispose of or recycle Solid Waste in the manner provided in this chapter. D. No person except the City or an authorized collector shall collect or transport Solid Waste or provide Solid Waste services within the City unless specifically authorized by the City, with the following exceptions: 1. Collection, transfer, handling and disposal of hazardous waste; 2. Collection, transfer, handling and disposal of medical waste; 3. The removal and transportation of waste vegetation derived from landscaping activities by the owner or occupant of the property from which the material is derived, or by persons licensed to do landscaping or tree trimming business in the City and providing service to the owner or occupant of the property from which the material is derived; Packet Pg. 781 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) 4. Collection, transport, disposal or recycling of litter by an individual or volunteer group of individuals; 5. Community or neighborhood clean-up activities operated in cooperation with the City or an authorized person; 6. City crews collecting, transporting, disposing or recycling and transporting Solid Waste to a transfer station, processing facility, landfill, or material recovery facility. 9.28.190 Receptacles—Cleanliness required. It is the duty of every person served under this chapter to keep the garbage receptacle Solid Waste containers used in the service of that person in a clean and sanitary condition. 9.28.200 Receptacles—Placement for collection Containers – Collection. All receptacles used shall be kept in some convenient and accessible place to be designated by the person charged with the administration of this chapter, and shall not be situated more than forty feet from any curb or alley, accessible to the person collecting the garbage and refuse. Automated-refuse containers shall be placed no further than two feet from the curb and away from any obstruction that may interfere with the safe operation of the sanitation equipment. Cans shall be placed no earlier than twelve hours prior to scheduled pickup time, and shall be moved back to a "proper storage location" not later than twelve hours after collection. "Proper storage location" means beside or behind the house or building, or an area or enclosure, so that to the maximum extent possible the automated-refuse container is not visible from the public right-of-way. A. All containers used shall be kept in some convenient and accessible place to be designated by the person charged with the administration of this chapter, and shall not be situated more than forty feet from any curb or alley, accessible to the person collecting the garbage and refuse unless otherwise strictly approved by the City on a case-by-case scenario. B. With the exception of unacceptable waste, ownership of which shall remain with the generator unless arrangements for collection by the City and/or a different hauler have been made, any Solid Waste, including recyclables, placed on any public street, sidewalk or any other location designated for the collection of Solid Waste, shall be conclusively presumed to have been discarded. The title of the collected material shall pass to the City. C. On collection day, automated-refuse containers shall be placed no further than two feet from the curb and away from any obstruction that may interfered with the safe operation of the sanitation equipment. Cans shall be placed no earlier than twelve hours prior to scheduled pickup time, and shall be moved back to a “proper storage location” not later than twelve hours after collection. “Proper storage location” means beside or behind the house or building, or an area or enclose, so that the maximum extent possible the automated-refuse container is not visible from the public right-of-way. 9.28.210 Receptacles Containers—On streets. Notwithstanding anything provided in this code, the City Council may grant a franchise to or contract with, any person to place and install upon City streets in such locations as may be approved by the City Council, and upon such terms and conditions which the City Council may Packet Pg. 782 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) impose, refuse cans for the purpose of the collection of refuseSolid Waste. The City Council may allow advertising to be placed upon such refuse cans; provided, that they are maintained neat in appearance and in good sanitary condition. 9.28.220 Wrapping garbage Solid Waste. All garbage coming from household waste incurred in the preparation of food shall be first drained and enclosed in paper or plastic before being placed in the garbage receptacle Solid Waste containers. 9.28.230 Clear path to receptacle container. It is the duty of the occupant of the premises served to keep a clear path from the street or alley to the garbage or refuse receptacle Solid Waste containers. 9.28.270 Landfill—Scavenging- Prohibited. A. It is unlawful for any person to scavenge, salvage, or otherwise remove any material of any nature whatsoever from the area occupied by and operated as the City's sanitary landfill, or to go upon such area for any purpose not authorized by this code; except that the City may by contract authorize a nonprofit organization to salvage materials and conduct other operations of benefit to the general public. B. It is unlawful for any person to scavenge, tamper with, destroy or otherwise deface any collection container or its material contents for any personal or professional or commercial use. C. This section shall not apply to the activities of the City, an authorized collector, the owner or occupants of a premise, or a person authorized by the City. BD. Any person violating the provisions of this section is guilty of an infraction. 9.28. 280 Recycling – Required. A. Every person shall ensure that all designated recyclable, green waste, and food waste materials shall be separated from other Solid Waste in accordance to the services offered by and/or allowed within the City. The disposal of designated recyclable, green waste, and food waste materials mixed with other Solid Waste is prohibited. The failure to comply with the requirements of this section is a threat to the public health, safety and welfare, and is declared and deemed a violation. B. Every person in possession, charge or control of any place or premises within the City shall ensure that tenants, lessees, employees and/or occupants have access to on-site recycling services as offered by the City. C. On-site recycling and organic material diversion services required under this article shall: 1. Collect at least the following materials: paper (mixed and office paper), plastic bottles and Containers labeled with the universal recycling sign #1 and #2, aluminum cans, corrugated cardboard, glass bottles, and jars; Packet Pg. 783 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) 2. Collect green waste material; 3. Collect food scraps; 4. Provide containers, collection, capacity, and storage areas; 5. Remove the recyclable or organic material by either: a. Establishing services with the City; or b. Transporting the recyclable and/or organic materials to a licensed transfer station, processing facility, landfill, or material recovery facility. D. The City may update the list of recyclable materials required to be recycled at a future date, as allowed by the City’s capacity and/or pursuant to state laws. Such list may be accessible, primarily, on the City’s website and may be available to every person upon request. E. Every person in possession, charge or control of any place or premise within City limits shall provide proper recycling information and instructions in accordance with state￾mandated recycling laws to: 1. All tenants, occupants and employees of the premises annually; 2. A new employee, occupant or tenant no later than the 14th day after the tenant occupies or employee begins work at the premises; and 3. All employees or tenants not later than the 14th day after substantive changes in the recycling service offered at the premise and or by the City. 9.28.290 – Commercial generators – Compliance and waivers. A. Each commercial generator, including all multi-family dwelling units of five units or more, shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter. B. Each commercial generator shall subscribe to a level of service that is sufficient to handle the volume of recyclable and organic materials generated or accumulated on the premises. C. Each commercial generator shall ensure the proper separation of Solid Waste, as established and updated by the City, by placing each type of material in designated containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on-site conduct proper separation. D. Each commercial generator shall use containers to collect and store recyclable and organics material, and shall designate areas to collect and/or store these materials. Additionally: 1. Each commercial generator shall prominently post and maintain one or more signs in maintenance or work areas or common areas where recyclable materials and organic materials are collected and/or stored that specify the materials to be recycles and hot to recycle such material. Packet Pg. 784 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) 2. The City shall notify and instruct commercial generators in writing of applicable recycling and organics requirements. 3. Upon request by commercial generators, the City will also provide outreach and training to commercial generator employees and tenants regarding what materials are required to be recycled and how to recycle such material. E. Commercial generators seeking a waiver shall submit their request for a waiver to the City via the approved process. After reviewing the request, the City may either approve or deny the waiver request. Requirements for waivers are subject to change in accordance with state regulations. Commercial generators may apply for a waiver if one or more of the following apply: 1. Generates more than two cubic yards per week of total Solid Waste but less than 20 gallons per week of organic waste. 2. Generates less than two cubic yards per week of total Solid Waste and less than 10 gallons per week of organic waste. 3. Collection frequency of a blue and gray container takes place on a bi-weekly as opposed to weekly basis. 4. Commercial generators that can provide documentation that no recyclable or organic material is generated on the premises. 5. Commercial generators that can provide documentation of a shared container for recyclable and/or organic materials with adjacent commercial facilities or multi￾family dwellings. 6. Commercial generators that can provide documentation that the generated recyclable and/or organic material is self-hauled or hauled by an approved collector and is hauled to a licensed facility. 7. Commercial generators that can provide documentation of the lack of adequate physical space for recycling and/or organic waste containers. 9.28.300 Materials prohibited in containers. Hazardous waste, medical waste, unacceptable waste, earth, rocks, e-waste, u-waste, human waste and other potentially infection material, and liquid wastes shall not be deposited or placed in the provided containers. 9.28.310- Design of projects to include facilities for recyclable materials. New and substantially remodeled commercial, industrial and multifamily residential premises shall be designed to include space for storage and collection of Solid Waste materials, recycling and organics included. The design shall be submitted for approval to the City and shall meet all applicable regulations. Packet Pg. 785 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) 9.28.300 9.28.320 Violations. A. Any person violating the provisions of Sections 9.28.040, 9.28.050, 9.28.070 or 9.28.100 shall be charged with a misdemeanor and subject to a fine of up to one thousand dollars for each offense. Any person so charged may seek to have the charges dismissed by completely removing and cleaning the garbage or rubbish or other matter which had been dumped, deposited or accumulated, and giving written notice of such cleanup by personal delivery to the city clerk's office no later than three days following the date of citation or arrest. Cleanup by the person so charged shall not be deemed an admission of guilt. Upon confirmation by the litter abatement officer or other duly authorized representative of the city, a certification that cleanup has occurred shall be filed with the court, and the charge dismissed. A. Any Responsible Party, as that term is defined in Chapter 1.13, responsible for any violation of this Chapter shall be subject to the following administrative penalties: 1. For a first violation within a one year period of time, the amount of the fine shall be $100, per violation. 2. For a second violation within a one year period of time, the amount of the fine shall be $200, per violation. 3. For a third or subsequent violation within a one year period of time, the amount of the fine shall be $500, per violation. B. Violation of all other sections in this chapter shall be prosecuted Except as otherwise provided, a violation of any section within this Chapter is punishable as an infraction. Packet Pg. 786 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety))