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Home My WebLink About010511 CC JT PKT1 SPECIAL MEETING –5:30 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER – 5:30 P.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on December 22, 2010) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. COUNCIL DIRECTION TO STAFF Instruction to Staff regarding actions on current Oral Communications. ADJOURN TO CLOSED SESSION ANNOUNCEMENT OF CLOSED SESSION ITEMS CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant exposure to litigation pursuant to Government Code Section 54956.9 (1 potential case) In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL JANUARY 5, 2011 2 In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted on December 22, 2010, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 22nd day of December 2010 at Saratoga, California. Ann Sullivan, CMC City Clerk Table of Contents Agenda 2 Proclamation Declaring the Month of January 2011 as “National Blood Donor Month” Staff Report 8 Proclamation 9 City Council Regular Meeting Minutes – December 15, 2010 Staff Report 10 Minutes 11 2011 Council Joint Meeting Calendar Staff Report 20 2011 Calendar 21 Review of Accounts Payable Check Registers AP Report 22 Check Register - 12-9-2010 24 Check Register - 12-17-2010 28 Development Impact Fee Report Impact Fee Report 34 Approval of Sport User Agreements - 2011 Staff Report 37 1. User agreements for Congress Springs Park 40 2. User agreements for El Quito Park 71 3. User agreements for Kevin Moran Park 87 4. User agreements for Prospect High School 103 5. User agreements for West Valley College 143 Motor Vehicle (MV) Resolution Restricting Parking Forrest Hills Drive Staff report 160 1. Memo from Fehr & Peers 162 2. Map 163 3. MV Resolution 164 Treasurer’s Report for the Month Ended November 30, 2010 Treasurer’s Report for the Month Ended November 30, 2010 165 Financial Advisor Services for refunding the City’s 2001 Series General Obligation Bond FA Agreement Authorization 170 FA Agreement Document 172 Resolution Declaring a Public Nuisance as to Specified Properties Containing Hazardous Vegetation (Weeds) Staff Report 191 Resolution 193 Exhibit A - Commencement Report 199 Planning for 2011 Mustard Faire Staff report 203 1 WEDNESDAY, JANUARY 5, 2011 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on December 22, 2010) REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Proclamation Declaring the Month of January 2011 as “National Blood Donor Month” Recommended action: Read and present proclamation. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL 2 SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2. City Council Regular Meeting Minutes – December 15, 2010 Recommended action: Approve minutes. 3. 2011 Council Joint Meeting Calendar Recommended action: Approve Saratoga City Council joint meeting calendar for 2011. 4. Review of Accounts Payable Check Registers Recommended action: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: December 9, 2010 December 16, 2010 5. Development Impact Fee Report Recommended action: Staff recommends that the Council review and accept the annual AB1600 Development Impact Fee report for the year ended June 30, 2010. 6. Approval of Sport User Agreements - 2011 Recommended action: Approve Sport User Agreements with American Youth Soccer Organization, Saratoga Little League, Quito Little League, De Anza Youth Soccer League, West Valley Lacrosse Club, West Valley Youth Soccer League, and Saratoga Pony League for the use of Saratoga City parks, West Valley College, and Prospect High School for organized sport use, and authorize the City Manager to execute the same. 7. Motor Vehicle (MV) Resolution Restricting Parking on Forrest Hills Drive Recommended action: Move to adopt MV Resolution restricting parking on Forrest Hills Drive. 8. Treasurer’s Report for the Month Ended November 30, 2010 Recommended action: Review and accept the Treasurer’s Report for the month ended November 30, 2010. 3 9. Financial Advisor Services for refunding the City’s 2001 Series General Obligation Bond Recommended action: Review report and authorize the City Manager to enter into an agreement for professional financial advisor services between the City and Public Financial Management, LLC (PFM), for the refunding of the City’s 2001 Series General Obligation Bond. PUBLIC HEARINGS Members of the public may comment on any item for up to three minutes. Items requested for continuance are subject to Council’s approval at the Council meeting 10. Resolution Declaring a Public Nuisance as to Specified Properties Containing Hazardous Vegetation (Weeds) Recommended action: Conduct public hearing and adopt resolution. OLD BUSINESS None NEW BUSINESS 11. Planning for 2011 Mustard Faire Recommended action: Accept report and direct staff accordingly. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller City School Ad-Hoc Council Finance Committee Hakone Foundation Executive Committee Santa Clara County Cities Association SCC Cities Association Selection Committee Valley Transportation Authority PAC West Valley Mayors and Managers Association West Valley Solid Waste Management Joint Powers Association Vice Mayor Chuck Page City School AdHoc Council Finance Committee Hakone Foundation Board Mayor/Vice Mayor Oath of Office Santa Clara Valley Water District Commission Saratoga Ministerial Association TEA AdHoc West Valley Sanitation District 4 Councilmember Jill Hunter Historical Foundation KSAR Community Access TV Board SASCC Tree AdHoc Village AdHoc West Valley Flood Control & Watershed Advisory Committee Councilmember Emily Lo Association of Bay Area Government Carlson House Restoration AdHoc Electric Vehicle Charging Stations AdHoc Highway 9 AdHoc Library Joint Powers Association Sister City Liaison Village AdHoc Councilmember Manny Cappello Carlson House Restoration AdHoc Chamber of Commerce County HCD Policy Committee Electric Vehicle Charging Stations AdHoc Highway 9 AdHoc Mayor/Vice Mayor Oath of Office Santa Clara County Emergency Council TEA AdHoc Tree AdHoc CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on December 22, 2010, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was 5 available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 22nd day of December 2010 at Saratoga, California. Ann Sullivan, CMC City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 6 1/5 Regular Meeting –Joint meeting with Saratoga Chamber of Commerce 1/19 Cancelled 1/28 Council Retreat 2/2 Regular Meeting – Joint meeting with Planning Commission 2/16 Regular Meeting – Joint meeting with Montalvo Arts 3/2 Regular meeting – Joint meeting with Sheriff and County Fire 3/16 Regular Meeting – Joint meeting (5:30 pm) with School Districts :Saratoga Union Elementary School District; Los Gatos-Saratoga Union High School District; Cupertino School District; Campbell School District Moreland School District; Fremont High School District; Sacred Heart; St. Andrews, and Campbell Union High School District 4/6 Regular Meeting –Joint meeting with SASCC 4/20 Regular Meeting –Joint meeting with Mt. Winery 5/4 Regular Meeting –Joint meeting with Youth Commission 5/18 Regular Meeting –Joint meeting with Library Commission and Friends of the Library 6/1 Regular meeting –Joint meeting (5:30 pm) with HOA presidents 6/15 Regular meeting –Joint meeting with Parks and Recreation Commission/PEMTAC 7/6 Regular Meeting 7/20 Regular Meeting 8/3 Regular Meeting 8/17 Regular Meeting 9/7 Regular Meeting –Joint meeting with West Valley Board of Trustees 9/21 Regular Meeting –Joint meeting with Assemblymember Jim Beall 10/5 Regular Meeting –Joint meeting with Traffic Safety Commission 10/19 Regular Meeting –Joint meeting with Heritage Preservation Commission and Historical Foundation 11/2 Regular Meeting –Joint meeting with Saratoga Ministerial Association 11/16 Regular Meeting –Joint meeting with Hakone Foundation 12/6 Council Reorganization 12/7 Regular Meeting 12/21 Regular Meeting CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2011 7 SARATOGA CITY COUNCIL MEETING DATE: January 5, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Proclamation Declaring the Month of January 2011 as “National Blood Donor Month” RECOMMENDED ACTION: Read and present proclamation. REPORT SUMMARY: The attached proclamation declares the month of January 2011 “National Blood Donor Month”. Mona Helmhold, Donor Recruitment Account Manager, will be attending the meeting to accept the proclamation on behalf of the American Red Cross. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Copy of proclamation 8 CITY OF SARATOGA PROCLAMATION DECLARING THE MONTH OF JANUARY 2011 VOLUNTEER BLOOD DONOR MONTH WHEREAS, donating blood is a potentially lifesaving gift that millions of Americans can give; and WHEREAS, there is a need to ensure an adequate blood supply and to stress the importance of giving the “Gift of Life” through the donation of blood; and WHEREAS, there is a need for additional healthy, regular volunteer donors to join the ranks of those who already give of themselves so generously; and WHEREAS, one blood donation may help save three lives; and WHEREAS, every day blood is needed in hospitals and emergency treatment facilities for patients with cancer and other diseases, for organ transplant recipients, and to help save the lives of accident victims; and WHEREAS, the need for blood is constant, especially during the winter months when blood is traditionally in short supply due to a reduction in donor turnout because of the holidays, busy travel schedules, inclement weather and illness, which can put blood inventory at a critical low; and WHEREAS, the American Red Cross Northern California Blood Services Region distributes 130,000 pints of blood per year to help save local patients, yet fewer than 100,000 pints of blood are collected in the region annually; and WHEREAS, some 38 percent of the public is eligible to donate, yet fewer than 8 percent of these individuals donate blood; and WHEREAS, there is a need for civic and service organizations and businesses to sponsor blood drives. NOW, THEREFORE, I, Howard A. Miller, Mayor of the City of Saratoga, do hereby proclaim the month of January as “National Blood Donor Month” for Saratoga and urge all residents to pay tribute to those among us who donate for others in need. I urge residents in good health to donate regularly. I also urge all civic and service organizations and businesses, if they have not already done so, to form blood donor groups to provide blood for others. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 5th day of January 2011. _________________________ Howard A. Miller, Mayor 9 SARATOGA CITY COUNCIL MEETING DATE: January 5, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Regular Meeting Minutes – December 15, 2010 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the December 15, 2010, City Council Regular Meeting. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A – Minutes from the December 15, 2010, City Council Regular Meeting. 10 MINUTES SARATOGA REGULAR CITY COUNCIL MEETING DECEMBER 15, 2010 The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue at 6:30 p.m. ANNOUNCEMENT OF CLOSED SESSION CONFERENCE – ANTICIPATED LITIGATION – Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (1 potential case) MAYOR’S REPORT ON CLOSED SESSION Mayor Miller stated there was no reportable information on Closed Session. Mayor Miller called the Regular City Council meeting to order at 7:00 p.m. and asked members of Cub Scout Pack 508 to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Manny Cappello, Jill Hunter, Emily Lo, Vice Mayor Chuck Page, and Mayor Howard Miller ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager John Livingstone, Community Development Director Michael Taylor, Facilities and Recreation Director Mary Furey, Administrative/Finance Director Brad Lind, Building Official Crystal Morrow, Administrative Analyst II REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Ann Sullivan reported that pursuant to Government Code 54954.2, the agenda for the meeting of December 15, 2010 was properly posted on December 9, 2010. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None COUNCIL DIRECTION TO STAFF None 11 2 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Norm Koepernik addressed the Council regarding the 2011 Mustard Faire event, which will be held on March 6, 2011, and asked Council to agendize this item for discussion on the next scheduled Council meeting. Karlina Ott presented the City with a check from the AYSO for $16,642.00 to cover the annual cost for the use of the soccer fields by the AYSO Soccer organization. In addition, she thanked individual staff members that work with AYSO organizers for their continued support and assistance throughout the year. COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS Councilmember Emily Lo noted it wasn’t too late to send a letter to Santa Claus and that residents had until 5:00 p.m. on Friday, December 17th to drop the letters in the box labeled “Santa’s Mail” at the Saratoga Post Office. Vice Mayor Chuck Page congratulated the Saratoga High School Girls Tennis Team for capaturing the Northern California championship title. He also reminded everyone that the storm season is here and if residents are in need of sandbags, they could pick them up at the Saratoga Corporation Yard. He also invited residents to volunteer to fill sandbags as a volunteer project so the sand bags are readily available when needed. Mayor Howard Miller noted there are upcoming vacancies on the Planning Commission, Heritage Preservation Commission, Library Commission, and the Traffic Safety Commission. He invited interested residents to pick up an application from the City Clerk’s office and submit it by 5:00 p.m. on February 25, 2011. In addition, he reminded everyone to check out the Saratoga Recreation Guide. He noted there are a few vacancies left for interested students to register for the “Camp Winter Wonderland” program that is available during the upcoming winter break. Councilmember Jill Hunter provided an update on the “Twenty by 2015” Tree Planting Program. She noted that on January 1, 2010, the Council pledged to plant 400 trees during 2010; a total of 792 trees have been planted in the Saratoga community for the year 2010. CEREMONIAL ITEMS 1. COMMENDATION FOR REBECCA ELLIOT – REGIONAL PUBLIC AFFAIRS MANAGER FOR LEAGUE OF CALIFORNIA CITIES STAFF RECOMMENDATION: Read and present commendation. Vice Mayor Page read and presented the commendation to Rebecca Elliot. Ms. Elliot was joined by her husband for the presentation. 12 3 2. COMMENDATION FOR SARATOGA CUB SCOUT PACK 508 STAFF RECOMMENDATION: Read and present commendation. Mayor Miller read and presented the commendation to members of Cub Scout Pack 508. The Pack was joined by several Cub Scout leaders for the presentation. 3. COMMENDATION FOR CAPTAIN TERRY CALDERONE – SANTA CLARA COUNTY SHERIFF’S OFFICE – WESTSIDE STATION STAFF RECOMMENDATION: Read and present commendation. Mayor and Council members presented the commendation to Captain Terry Calderone. Captain Calderone was joined by his wife and two of their five children for the presentation. At 7:35 p.m. Mayor Miller declared a 20 minute break and invited everyone to join the Council in the theater lobby for a reception in honor of Captain Terry Calderone, who is retiring from the Santa Clara County Sheriff’s Office. Mayor Miller reconvened the Regular meeting at 7:55 p.m. SPECIAL PRESENTATIONS None CONSENT CALENDAR 4. CITY COUNCIL REGULAR MEETING MINUTES – NOVEMBER 17, 2010 STAFF RECOMMENDATION: Approve minutes. PAGE/CAPPELLO MOVED TO APPROVE CITY COUNCIL REGULAR MEETING MINUTES – NOVEMBER 17, 2010. MOTION PASSED 5-0-0. 5. CITY COUNCIL REORGANIZATION MEETING MINUTES – NOVEMBER 30, 2010 STAFF RECOMMENDATION: Approve minutes. PAGE/CAPPELLO MOVED TO APPROVE CITY COUNCIL REORGANIZATION MEETING MINUTES – NOVEMBER 30, 2010. MOTION PASSED 5-0-0. 6. CITY COUNCIL REGULAR MEETING MINUTES – DECEMBER 1, 2010 13 4 STAFF RECOMMENDATION: Approve minutes. PAGE/CAPPELLO MOVED TO APPROVE CITY COUNCIL REGULAR MEETING MINUTES – DECEMBER 1, 2010. MOTION PASSED 5-0-0. 7. REVIEW OF ACCOUNTS PAYABLE STAFF RECOMMENDATION: The the City Council review and accept the check registers for the following accounts payable cycles: November 24, 2010 December 2, 2010 PAGE/CAPPELLO MOVED TO ACCEPT THE CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE CYCLES: NOVEMBER 24, 2010 AND DECEMBER 2, 2010. MOTION PASSED 5-0-0. 8. RESOLUTION ADOPTING COUNCIL AGENCY ASSIGNMENTS AND ADHOC COMMITTEE APPOINTMENTS STAFF RECOMMENDATION: Adopt resolution. Vice Mayor Page removed this item for discussion. Vice Mayor Page noted the TEA (Tax Equity Allocation) item is being addressed by the Saratoga Council as well as neighboring cities and recommended the TEA Adhoc be reinstated again as an Adhoc on the Council Agency Assignment list. Council members agreed to add the TEA Adhoc to the Council Agency and Committee Assignment list. Councilmember Hunter noted Councilmember Lo expressed an interest in the Carlson House Restoration project and offered to give her assigned position on this Adhoc to Councilmember Lo. RESOLUTION NO. 10 – 071 PAGE/CAPPELLO MOVED TO ADOPT COUNCIL AGENCY ASSIGNMENTS AND ADHOC COMMITTEE APPOINTMENTS RESOLUTION AS AMENDED WITH THE FOLLOWING CHANGES: 1) INCLUDE THE ADDITION OF THE TEA ADHOC TO BE REPRESENTED BY VICE MAYOR PAGE AND COUNCILMEMBER CAPPELLO, and 2) REMOVE COUNCILMEMBER HUNTER FROM THE CARLSON HOUSE RESTORATION ADHOC AND ADD COUNCILMEMBER LO . MOTION PASSED 5-0-0. 9. 2011 HAZARDOUS VEGETATION PROGRAM COMMENCEMENT RESOLUTION 14 5 STAFF RECOMMENDATION: Adopt Resolution Declaring Hazardous Vegetation (Weeds) as Public Nuisance and Setting Public Hearing. RESOLUTION NO. 10 – 072 PAGE/CAPPELLO MOVED TO ADOPT RESOLUTION DECLARING HAZARDOUS VEGETATION (WEEDS) AS PUBLIC NUISANCE AND SETTING PUBLIC HEARING. MOTION PASSED 5-0-0. 10. SECURITY DOOR LOCK PROJECT – AWARD OF CONTRACT WITH STANLEY SECURITY STAFF RECOMMENDATION: Review report and 1. Move to declare Stanley Security Solutions, Inc. (Stanley) of Fremont to be the lowest responsible bidder on the project. 2. Move to accept bid and authorize the City Manager to enter into a construction contract with Stanley for phase one of the project in the amount of $25,190.49. 3. Move to accept bid and authorize the City Manager to enter into a construction contract with Stanley for the optional phase two of the project in the amount of $32,337.83. 4. Move to authorize staff to execute change orders to the contract up to $5,500. Hunter removed this item for clarification. HUNTER/PAGE MOVED TO: 1. DECLARE STANLEY SECURITY SOLUTIONS, INC. (STANLEY) OF FREMONT TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT. 2. ACCEPT BID AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT WITH STANLEY FOR PHASE ONE OF THE PROJECT IN THE AMOUNT OF $25,190.49. 3. ACCEPT BID AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT WITH STANLEY FOR THE OPTIONAL PHASE TWO OF THE PROJECT IN THE AMOUNT OF $32,337.83. 4. MOVE TO AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $5,500. MOTION PASSED 5-0-0. 11. RECORDS MANAGEMENT PROGRAM: RESOLUTION AUTHORIZING FINAL DISPOSITION OF CERTAIN CITY RECORDS STAFF RECOMMENDATION: Adopt Resolution Authorizing Final Disposition of Certain City Records. RESOLUTION NO. 10 – 073 PAGE/CAPPELLO MOVED TO ADOPT RESOLUTION AUTHORIZING FINAL DISPOSITION OF CERTAIN CITY RECORDS. MOTION PASSED 5- 0-0. 15 6 12. PARKING VIOLATION PENALTY SURCHARGE STAFF RECOMMENDATION Adopt resolution approving a three-dollar increase for parking violations. RESOLUTION NO. 10 – 074 PAGE/CAPPELLO MOVED TO ADOPT RESOLUTION APPROVING A THREE-DOLLAR INCREASE FOR PARKING VIOLATIONS. MOTION PASSED 5-0-0. 13. COMMISSION QUALIFICATIONS AND EXPIRING TERMS STAFF RECOMMENDATION: Accept the list of Commission qualifications and terms expiring in the 2011 calendar year. Councilmember Cappello removed this item for clarification. Councilmember Cappello noted an error in the staff report regarding the term expiration date for Commissioner Mitch Kane. He noted the term expiration date noted it was 20011 and it should be 2011. CAPPELLO/PAGE MOVED TO ACCEPT THE LIST OF COMMISSION QUALIFICATIONS AND TERMS EXPIRING IN THE 2011 CALENDAR YEAR AS AMENDED: TERM EXPIRATION DATE FOR MITCH KANE SHOULD BE 2011. MOTION PASSED 5-0-0. PUBLIC HEARINGS 14. PUBLIC HEARING AND ADOPTION OF (1) ORDINANCE ADOPTING AND AMENDING 2010 CALIFORNIA BUILDING STANDARDS, RESIDENTIAL BUILDING, ELECTRICAL, MECHANICAL, PLUMBING, FIRE, AND GREEN BUILDING STANDARDS CODES WITH MODIFICATIONS FOR LOCAL CONDITIONS, AND (2) RESOLUTION REGARDING THE NEED TO MODIFY THE CALIFORNIA BUILDING CODE DUE TO LOCAL CONDITIONS. STAFF RECOMMENDATION: Staff recommends that the City Council: (1) Conduct a public hearing concerning the attached ordinance and resolution introduced at the City Council meeting of December 1, 2010; (2) Adopt the Ordinance Adopting and Amending 2010 California Building Standards, Residential Building, Electrical, Mechanical, Plumbing, Fire, and Green Building Standards Codes with Modifications for Local Conditions; and (3) Adopt Resolution Adopting Findings of Fact regarding the need to modify the California Building Code due to local conditions. City Attorney Richard Taylor presented the staff report. 16 7 Council thanked staff for all their efforts in preparing the amended 2010 Building Standard Code. Mayor Miller opened the Public Hearing for comment. No one requested to speak on this item. Mayor Miller closed the Public Hearing for comment. ORDINANCE NO. 282 RESOLUTION NO. 10 – 075 PAGE/HUNTER MOVED TO: (1) ADOPT THE ORDINANCE ADOPTING AND AMENDING 2010 CALIFORNIA BUILDING STANDARDS, RESIDENTIAL BUILDING, ELECTRICAL, MECHANICAL, PLUMBING, FIRE, AND GREEN BUILDING STANDARDS CODES WITH MODIFICATIONS FOR LOCAL CONDITIONS; AND (2) ADOPT RESOLUTION ADOPTING FINDINGS OF FACT REGARDING THE NEED TO MODIFY THE CALIFORNIA BUILDING CODE DUE TO LOCAL CONDITIONS. MOTION PASSED 5-0-0. At 8:15 p.m. Mayor Miller invited the high school students to join the Council on the Dais. OLD BUSINESS None NEW BUSINESS 15. STATUS OF JANUARY 19, 2011 COUNCIL MEETING STAFF RECOMMENDATION: Consider cancelling the January 19, 2011, Council meeting to allow newly appointed Mayor, newly elected and newly appointed Council Members to attend the League of California Cities conference. City Clerk Ann Sullivan presented the staff report. Mayor Miller invited public comment. No one requested to speak on this item. PAGE/CAPPELLO MOVED TO CANCEL THE JANUARY 19, 2011 COUNCIL MEETING TO ALLOW NEWLY APPOINTED MAYOR, NEWLY ELECTED AND NEWLY APPOINTED COUNCIL MEMBERS TO ATTEND THE LEAGUE OF CALIFORNIA CITIES CONFERENCE. MOTION PASSED 5-0-0. 17 8 ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller – reported: KSAR – he attended the last meeting and noted the KSAR board has concerns regarding the long term strategic vision for KSAR due to media changes such as, the Internet and on-demand video, versus a televised station. He noted KSAR is also addressing the issue of working collaboratively with the Saratoga High School and West Valley College. The City allowed and approved a franchise fee that will go to KSAR to support public access television; however, the law prohibits KSAR from using the income from that fee to be used for operational expenses. They have a large capital budget and a very small operating budget, which has generated discussion on how to use the capital budget to provide the services that the station needs. West Valley Solid Waste Management Joint Powers Authority – he attended a special meeting where the board discussed and approved a commercial rate increase to offset commercial food scrap recycling costs. He added they will assess this rate increase for the next 6 months to see if they will expand this program to additional businesses. He noted if there are any businesses in Saratoga that would like to get on this recycling program list they can still do so, which will help forecast the demand for the food scrap recycling program. He added anyone that does have commercial garbage service is already paying an additional small fee for this program. Vice Mayor Chuck Page – reported: Council Finance Committee – met today and they discussed the General Obligation Bond. He added this item will be discussed further at the January 5, 2011 Council meeting. West Valley Sanitation District – he noted they will be losing two of the six board members due to the term expiration of one member and the second member not getting re-elected in the November election; therefore, they will be acquiring two new board members. Councilmember Jill Hunter – had nothing to report. Councilmember Manny Cappello – reported: Councilmember Cappello stated that he, along with City Manager Dave Anderson and two councilmembers from the City of Cupertino attended the TEA (Tax Equity Allocation) meeting in Sacramento on Tuesday. He noted they had a productive meeting with legislative consultants from the Gonsalves firm and legislative members of the Senate and Assembly regarding the TEA issue. He added the TEA issue is on-going and that they plan to continue meeting with legislative representatives regarding the TEA allocations. Councilmember Emily Lo – had nothing to report at this time. [2011 Council assignments determined at the December 15, 2010 Council Meeting.] CITY COUNCIL ITEMS Mayor Miller stated he would like to agendize the March 6th Mustard Faire event for discussion on the January 5, 2011 Council meeting. CITY MANAGER’S REPORT 18 9 None ADJOURNMENT There being no additional business, Mayor Miller asked for a motion to adjourn the meeting. PAGE/HUNTER MOVED TO ADJOURN THE REGULAR COUNCIL MEETING AT 8:30 P.M. MOTION PASSED 5-0-0. Respectfully submitted, Ann Sullivan, CMC City Clerk 19 Page 1 of 1 SARATOGA CITY COUNCIL MEETING DATE: January 5, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Debbie Bretschneider DIRECTOR: Deputy City Clerk SUBJECT: 2011 Council Joint Meeting Calendar RECOMMENDED ACTION: Approve Saratoga City Council joint meeting calendar for 2011. REPORT SUMMARY: The Saratoga City Council meets the first and third Wednesdays of the month at 7:00 p.m. From 6:00 p.m. to 7:00 p.m. the Council usually holds a joint meeting with Saratoga stakeholder groups. FISCAL IMPACTS: During the course of the meeting, the Council and the Joint meeting agencies have a light dinner. Funding for this expense is already accounted for the City’s budget. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: There will be no 2011 schedule for City Council joint meeting calendar. ALTERNATIVE ACTION(S): The Council may decide to make adjustments to the joint meeting calendar. FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: - Proposed 2011 Joint Meeting Calendar 20 1/5 Regular Meeting –Joint meeting with Saratoga Chamber of Commerce 1/19 Cancelled 1/28 Council Retreat 2/2 Regular Meeting – Joint meeting with Planning Commission 2/16 Regular Meeting – Joint meeting with Montalvo Arts 3/2 Regular meeting – Joint meeting with Sheriff and County Fire 3/16 Regular Meeting – Joint meeting (5:30 pm) with School Districts :Saratoga Union Elementary School District; Los Gatos-Saratoga Union High School District; Cupertino School District; Campbell School District Moreland School District; Fremont High School District; Sacred Heart; St. Andrews, and Campbell Union High School District 4/6 Regular Meeting –Joint meeting with SASCC 4/20 Regular Meeting –Joint meeting with Mt. Winery 5/4 Regular Meeting –Joint meeting with Youth Commission 5/18 Regular Meeting –Joint meeting with Library Commission and Friends of the Library 6/1 Regular meeting –Joint meeting (5:30 pm) with HOA presidents 6/15 Regular meeting –Joint meeting with Parks and Recreation Commission/PEMTAC 7/6 Regular Meeting 7/20 Regular Meeting 8/3 Regular Meeting 8/17 Regular Meeting 9/7 Regular Meeting –Joint meeting with West Valley Board of Trustees 9/21 Regular Meeting –Joint meeting with Assemblymember Jim Beall 10/5 Regular Meeting –Joint meeting with Traffic Safety Commission 10/19 Regular Meeting –Joint meeting with Heritage Preservation Commission and Historical Foundation 11/2 Regular Meeting –Joint meeting with Saratoga Ministerial Association 11/16 Regular Meeting –Joint meeting with Hakone Foundation 12/6 Council Reorganization 12/7 Regular Meeting 12/21 Regular Meeting CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2011 21 Dave Anderson Mary Furey Mary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 12/09/10 116720 116756 37 191,841.92 12/09/10 12/02/10 116719 12/16/10 116757 116838 82 793,552.00 12/17/10 12/09/10 116756 AP Date Check No. Issued to Dept.Amount 12/09/10 116633 Public Works 96,885.00 12/16/10 116775 Public Works 26,887.50 12/16/10 116788 Public Works 133,587.07 12/16/10 116804 General 125,331.98 12/16/10 116811 Public Safety 354,429.00 The following are Accounts Payable checks that were voided: AP Date Check No.Amount 12/08/10 116671 (789.88) 12/16/10 116694 (367.73) 12/08/10 116701 (334.55) 12/08/10 116710 (1,350.14) SARATOGA CITY COUNCIL MEETING DATE:January 5, 2011 AGENDA ITEM: DEPARTMENT:Finance & Administrative Services CITY MANAGER: PREPARED BY:DEPT. DIRECTOR: December 9, 2010 December 16, 2010 Prior Check Register Accounts Payable Accounts Payable Total Checks AmountType of Checks Date Starting Check No. Ending Check No. Checks Released The following is a list of Accounts Payable checks issued for more than $20,000: Fund Purpose Guerra Construction CIP Streets Fund Storm Drain /Signal Impr Duran & Venebles CIP Streets Fund Austin/Fruitvale Guerra Construction CIP Streets Fund Joe's Trail KSAR KSAR Trust Fund Terminate Trust Fund SCC Sheriff's Dept General Fund Monthly Law Enforcement Issued to Description Accent Graphics Void - reissued Interstate Battery System Void - reissued Pacific Gas & Electric Void - reissued Void - reissuedSierra Display Inc. 22 The following is a list of cash reduction by fund: Fund #AP 12/9 AP 12/16 Total 111 General 43,311.54 469,096.52 512,408.06 211 CDBG Administration - 212 Saratoga Housing & Rehab. Pgm.- 231 Village Lighting 1,114.27 73.00 1,187.27 232 Azule Lighting - 233 Sarahills Lighting - 241 Arroyo de Saratoga Landscape 55.80 55.80 242 Bonnet Way Landscape 145.24 145.24 243 Carnelian Glen - 244 Cunningham/Glasgow Landscape 33.64 33.64 245 Fredericksburg Landscape 33.64 33.64 246 Greenbriar Landscape 154.88 174.97 329.85 247 Kerwin Ranch Landscape - 248 Leutar Court Landscape 134.29 134.29 249 Manor Drive Landscape - 251 McCartysville Landscape 247.80 247.80 252 Prides Crossing Landscape 505.26 1,438.81 1,944.07 253 Saratoga Legends Landscape - 254 Sunland Park Landscape - 255 Tricia Woods Landscape 111.24 111.24 271 Beauchamps Landscape - 272 Bellgrove Landscape 85.00 1,867.37 1,952.37 273 Gateway Landscape 63.13 268.87 332.00 274 Horseshoe Landscape/Lighting - 275 Quito Lighting - 276 Tollgate LLD 27.90 27.90 277 Village Commercial Landscape - 311 Library Bond Debt Service - 411 CIP Street Projects 100,574.79 44,206.81 144,781.60 412 CIP Parks Projects 1,306.47 207.73 1,514.20 413 CIP Facility Projects - 414 CIP Admin Projects 18,184.04 18,184.04 421 Tree Fine Fund - 431 Grant Fund - CIP Streets - 432 Grant Fund - Parks & Trails 5,164.29 136,878.76 142,043.05 611 Liability/Risk Mgt 409.15 315.00 724.15 612 Workers' Comp 396.99 396.99 621 Office Support Services Fund 3,870.65 1,443.00 5,313.65 622 Information Technology 13,769.33 5,869.00 19,638.33 623 Vehicle & Equipment Maint 769.85 769.85 624 Building Maintenance 2,831.12 4,423.79 7,254.91 631 - 632 498.00 498.00 711 - 712 KSAR Trust Fund 125,331.98 125,331.98 191,841.92 793,552.00 985,393.92 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format TOTAL Fund Description Vehicle & Equipment Replacement IT Equipment Replacement Library Capital Improvement 23 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1DATE: 12/20/2010 CITY OF SARATOGA ACCTPA21TIME: 12:31:39 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20101209 00:00:00.000’ACCOUNTING PERIOD: 6/11 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT11111 116720 12/09/10 35 ACCENT GRAPHICS 1111101 NAME PLATES/TAGS 0.00 105.0011111 116720 12/09/10 35 ACCENT GRAPHICS 6213102 CITY LOGO ENVELOPES 0.00 689.88TOTAL CHECK 0.00 794.8811111 116721 12/09/10 303 BAY AREA FLOOR MACHINE C 6246202 DUPLEX CARPET MACHINE 0.00 2,184.9911111 116722 12/09/10 130 CDW GOVERNMENT 6223201 SUPPLIES - MONITOR 0.00 288.8511111 116722 12/09/10 130 CDW GOVERNMENT 6223201 SUPPLIES -SOFTWARE 0.00 428.00TOTAL CHECK 0.00 716.8511111 116723 12/09/10 517 CITY OF SAN JOSE 1117101 ANIMAL SERVICES 12/10 0.00 14,719.3111111 116724 12/09/10 235 COMCAST 6223201 MTHLY SVC 11/26-12/25 0.00 104.9511111 116725 12/09/10 589 CPO LTD 6213102 MTHLY SVC 08/22-09/21 0.00 792.1611111 116725 12/09/10 589 CPO LTD 6213102 MTHLY SVC 09/22-10/21 0.00 975.61TOTAL CHECK 0.00 1,767.7711111 116726 12/09/10 564 DE LAGE LANDEN PUBLIC FI 6213102 COPIER LEASE 0.00 1,413.0011111 116727 12/09/10 225 DELL MARKETING L.P. C/O 6323202 LAPTOP REPAIR 0.00 498.0011111 116728 12/09/10 1 DEPARTMENT OF REVENUE 1117101 PARKING CIT 11/10 0.00 361.0011111 116729 12/09/10 454 GACHINA LANDSCAPE MANAGE 1115301 FALL COLOR/BLANEY PLZ 0.00 1,023.0011111 116729 12/09/10 454 GACHINA LANDSCAPE MANAGE 1115301 FALL COLOR-FRUITVALE 0.00 676.2511111 116729 12/09/10 454 GACHINA LANDSCAPE MANAGE 1115301 CLEANUP - QUITO PK 0.00 650.0011111 116729 12/09/10 454 GACHINA LANDSCAPE MANAGE 2465302 REPAIRS - GUAVA CT. 0.00 154.8811111 116729 12/09/10 454 GACHINA LANDSCAPE MANAGE 1115301 BUBBLERS - DAGMAR 0.00 123.9011111 116729 12/09/10 454 GACHINA LANDSCAPE MANAGE 2725302 REPAIR - BELLGROVE 0.00 85.00TOTAL CHECK 0.00 2,713.0311111 116730 12/09/10 455 GARDENLAND POWER EQUIPME 1115301 SUPPLIES-TRIMMER HEAD 0.00 44.9511111 116730 12/09/10 455 GARDENLAND POWER EQUIPME 1115301 MANTIS TILLER SRVC 0.00 192.21TOTAL CHECK 0.00 237.1611111 116731 12/09/10 671 GUERRA CONSTRUCTION GROU 411 RETENTION HELD-PO#17 0.00 -6,060.1411111 116731 12/09/10 671 GUERRA CONSTRUCTION GROU 411 RETENTION HELD PO#17 0.00 -4,704.8611111 116731 12/09/10 671 GUERRA CONSTRUCTION GROU 4119141-002 STORM/DRAIN-SARA PED 0.00 9,843.6011111 116731 12/09/10 671 GUERRA CONSTRUCTION GROU 4119142-006 SGNL UPGRADE-SARA PED 0.00 37,205.0011111 116731 12/09/10 671 GUERRA CONSTRUCTION GROU 4119141-002 STORM DRAIN IMPVT 0.00 574.2111111 116731 12/09/10 671 GUERRA CONSTRUCTION GROU 4119142-006 CURB/GUTTER-SARA PED 0.00 58,787.0011111 116731 12/09/10 671 GUERRA CONSTRUCTION GROU 4119121-003 SGNL UPGRADE-SARA PED 0.00 1,240.19TOTAL CHECK 0.00 96,885.0011111 116732 12/09/10 488 HOME DEPOT 1115301 SUPPLIES - PARKS 0.00 53.4711111 116732 12/09/10 488 HOME DEPOT 1115301 SUPPLIES - PARKS 0.00 88.50TOTAL CHECK 0.00 141.9711111 116733 12/09/10 491 HUMAN BEHAVIOR ASSOCIATE 1112301 EAP SERVICE 0.00 85.5011111 116734 12/09/10 14 HYDROTEC IRRIGATION EQUI 1115301 REPAIRS - CANYON VIEW 0.00 74.1324 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2DATE: 12/20/2010 CITY OF SARATOGA ACCTPA21TIME: 12:31:39 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20101209 00:00:00.000’ACCOUNTING PERIOD: 6/11 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT11111 116734 12/09/10 14 HYDROTEC IRRIGATION EQUI 2525302 REPAIRS - P.CROSSING 0.00 505.26TOTAL CHECK 0.00 579.3911111 116735 12/09/10 525 JAMELLO, NANCY 1116101 INSTRUCTOR - YOGA 0.00 408.0011111 116735 12/09/10 525 JAMELLO, NANCY 1116101 INSTRUCTOR - YOGA 0.00 276.00TOTAL CHECK 0.00 684.0011111 116736 12/09/10 500 JANIE SPURLOCK 111 REFUND - FACILITY 0.00 200.0011111 116737 12/09/10 123 KELEX SECURITY 6246202 ALARM REPAIR-SARA CTR 0.00 160.0011111 116738 12/09/10 100 KSAR 1118301 PLANNING MTG 11/11/10 0.00 600.0011111 116738 12/09/10 100 KSAR 1118301 BROADCAST 11/10 0.00 2,400.00TOTAL CHECK 0.00 3,000.0011111 116739 12/09/10 194 LIEBERT, CASSIDY WHITMOR 1112301 LEGAL SERVICES 10/10 0.00 6,960.0011111 116740 12/09/10 212 LIVINGSTONE, JOHN 1114101 SCCAPO MTG 11/10 0.00 13.0011111 116740 12/09/10 212 LIVINGSTONE, JOHN 1114101 SCCAPO MTG 12/10 0.00 15.00TOTAL CHECK 0.00 28.0011111 116741 12/09/10 499 CARPENTERS LOCAL 2236 (M 111 DED:3000 DUES 0.00 320.0011111 116742 12/09/10 83 MUSICAL ME, INC 1116101 INSTRUCTOR - MUSIC 0.00 337.0511111 116742 12/09/10 83 MUSICAL ME, INC 1116101 INSTRUCTOR - MUSIC 0.00 157.5011111 116742 12/09/10 83 MUSICAL ME, INC 1116101 INSTRUCTOR - MUSIC 0.00 126.0011111 116742 12/09/10 83 MUSICAL ME, INC 1116101 INSTRUCTOR - MUSIC 0.00 170.1011111 116742 12/09/10 83 MUSICAL ME, INC 1116101 INSTRUCTOR - MUSIC 0.00 311.8511111 116742 12/09/10 83 MUSICAL ME, INC 1116101 INSTRUCTOR - MUSIC 0.00 283.5011111 116742 12/09/10 83 MUSICAL ME, INC 1116101 INSTRUCTOR - MUSIC 0.00 252.0011111 116742 12/09/10 83 MUSICAL ME, INC 1116101 INSTRUCTOR - MUSIC 0.00 245.70TOTAL CHECK 0.00 1,883.7011111 116743 12/09/10 135 NORTH BAY BLDG MAINTENAN 6246202 WKLY SVC 11/21-11/27 0.00 380.0011111 116744 12/09/10 173 P G & E 4329274-001 JOES TRAIL-EASEMENT 0.00 84.2911111 116745 12/09/10 173 PACIFIC GAS & ELECTRIC 6246202 NATURAL GAS VEHICLE 0.00 106.1311111 116745 12/09/10 173 PACIFIC GAS & ELECTRIC 2315302 OAK ST. 04/10-10/10 0.00 144.1311111 116745 12/09/10 173 PACIFIC GAS & ELECTRIC 2735302 GATEWAY - 7/10-11/10 0.00 63.13TOTAL CHECK 0.00 313.3911111 116746 12/09/10 409 REPUBLIC ITS 1115201 MO MTC FRTVL/ALLEN 0.00 1,425.0011111 116746 12/09/10 409 REPUBLIC ITS 4119111-001 SGNL REPAIR-QUITO 0.00 500.0011111 116746 12/09/10 409 REPUBLIC ITS 4119111-001 FRTVL/ALLEN SGNL RPR 0.00 1,979.7911111 116746 12/09/10 409 REPUBLIC ITS 6118499 AT&T PRMT#101215 REIM 0.00 409.15TOTAL CHECK 0.00 4,313.9411111 116747 12/09/10 500 RICHARD AND JANET MCCORM 111 REFUND - DEPOSIT 0.00 1,510.0011111 116748 12/09/10 82 SAN JOSE BLUE PRINT 1114102 PLANS-15595 PEACH HIL 0.00 384.4711111 116748 12/09/10 82 SAN JOSE BLUE PRINT 1114201 PRINTS - CANYON VIEW 0.00 195.5625 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3DATE: 12/20/2010 CITY OF SARATOGA ACCTPA21TIME: 12:31:39 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20101209 00:00:00.000’ACCOUNTING PERIOD: 6/11 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNTTOTAL CHECK 0.00 580.0311111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 78.4011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR- DANCE 0.00 78.4011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 238.0011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 95.2011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 336.0011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 168.0011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 238.0011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR- DANCE 0.00 238.0011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR -DANCE 0.00 95.2011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR -DANCE 0.00 166.6011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 47.6011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 70.0011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 71.4011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 313.6011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 21.0011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR -DANCE 0.00 42.0011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 190.4011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 214.2011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 47.6011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 210.0011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 285.6011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 238.0011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 238.0011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 168.0011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 126.0011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 198.8011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 62.6511111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 23.8011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 226.1011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 166.6011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 70.0011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 87.0011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 142.8011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 28.0011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 190.4011111 116750 12/09/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 420.00TOTAL CHECK 0.00 5,631.3511111 116751 12/09/10 149 SIERRA DISPLAY INC 2315302 LED TREE LIGHTING 0.00 970.1411111 116752 12/09/10 236 SOLECTRIC ELECTRIC CONTR 1115301 RPR-PAGODA/FRUITVALE 0.00 380.0011111 116752 12/09/10 236 SOLECTRIC ELECTRIC CONTR 1115301 LIGHT RPR-CIVIC CTR 0.00 1,950.00TOTAL CHECK 0.00 2,330.0011111 116753 12/09/10 308 TESTING ENGINEERS 4329274-001 TSTNG/INSPEC-JOES TRL 0.00 5,080.0011111 116753 12/09/10 308 TESTING ENGINEERS 4119142-004 TSTNG/INSPEC-VLG PED 0.00 1,210.00TOTAL CHECK 0.00 6,290.0011111 116754 12/09/10 343 TMT ENTERPRISES INC 1115301 GRAVEL-ORCHARD PK 0.00 562.2426 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4DATE: 12/20/2010 CITY OF SARATOGA ACCTPA21TIME: 12:31:39 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20101209 00:00:00.000’ACCOUNTING PERIOD: 6/11 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT11111 116755 12/09/10 696 ZAG TECHNICAL SERVICES, 6223201 SHORECARE SUPPORT 0.00 41.2511111 116755 12/09/10 696 ZAG TECHNICAL SERVICES, 4129221-001 BLANEY PLZ-WIRELESS 0.00 1,258.6311111 116755 12/09/10 696 ZAG TECHNICAL SERVICES, 4149421-001 SHORETEL VOIP INSTALL 0.00 18,184.0411111 116755 12/09/10 696 ZAG TECHNICAL SERVICES, 6223201 SHORECARE SUPPORT 0.00 12,049.9611111 116755 12/09/10 696 ZAG TECHNICAL SERVICES, 6223201 IT SUPPORT SERVICES 0.00 856.32TOTAL CHECK 0.00 32,390.2011111 116756 12/09/10 751 ZAMAR SOUND PRO AUDIO 4129221-001 FREIGHT-B.PLZ LECTERN 0.00 47.84TOTAL CASH ACCOUNT 0.00 191,841.92TOTAL FUND 0.00 191,841.92TOTAL REPORT 0.00 191,841.9227 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1DATE: 12/20/2010 CITY OF SARATOGA ACCTPA21TIME: 12:33:01 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20101216 00:00:00.000’ACCOUNTING PERIOD: 6/11 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT11111 116757 12/16/10 17 AAA FIRE PROTECTION SERV 6246202 ALARM INSPEC-CTY SARA 0.00 329.9011111 116757 12/16/10 17 AAA FIRE PROTECTION SERV 6246202 ALARM SVC-PROSPECT CT 0.00 182.15TOTAL CHECK 0.00 512.0511111 116758 12/16/10 546 ABAG POWER PURCHASING 6246202 GAS SVC 11/10&TRUE UP 0.00 1,531.1811111 116759 12/16/10 72 ADVANTAGE JANITORIAL SUP 1115301 JANITORIAL SUPPLIES 0.00 526.2811111 116759 12/16/10 72 ADVANTAGE JANITORIAL SUP 6246202 JANITORIAL SUPPLIES 0.00 485.12TOTAL CHECK 0.00 1,011.4011111 116760 12/16/10 521 ALLIED LOCK & SAFE INC 6246202 SUPPLIES - FACILITIES 0.00 26.9511111 116761 12/16/10 656 AMERICAN PAYROLL ASSOCIA 1113101 ANNUAL DUES 2011 0.00 219.0011111 116762 12/16/10 798 ANGELINA, PATRICIA 1116101 INSTRUCTOR-ROSEN MTH 0.00 118.0011111 116763 12/16/10 314 BAY TELECOM 6223201 LABOR - PHONE LINES 0.00 115.0011111 116764 12/16/10 500 BENNY PENG 111 REFUND - DEPOSIT 0.00 2,200.0011111 116765 12/16/10 369 BORTZ, SHERI L 1116101 INSTRUCTOR - YOGA 0.00 522.0011111 116765 12/16/10 369 BORTZ, SHERI L 1116101 INSTRUCTOR - YOGA 0.00 261.0011111 116765 12/16/10 369 BORTZ, SHERI L 1116101 INSTRUCTOR - YOGA 0.00 696.00TOTAL CHECK 0.00 1,479.0011111 116766 12/16/10 95 CAL-WEST LIGHTING & SIGN 1115301 LIBRARY LIGHT REPAIR 0.00 934.2311111 116767 12/16/10 99 CAMPBELL UNION HIGH SCHO 1116101 PROSPECT FLD RENTAL 0.00 560.0011111 116768 12/16/10 825 CANDACE TROY 1116101 INSTRUCTOR - ART 0.00 386.1011111 116768 12/16/10 825 CANDACE TROY 1116101 INSTRUCTOR - ART 0.00 257.40TOTAL CHECK 0.00 643.5011111 116769 12/16/10 571 CHANG TAI DO KARATE & FI 1116101 INSTRUCTOR - KARATE 0.00 665.2611111 116769 12/16/10 571 CHANG TAI DO KARATE & FI 1116101 INSTRUCTOR - KARATE 0.00 259.2611111 116769 12/16/10 571 CHANG TAI DO KARATE & FI 1116101 INSTRUCTOR - KARATE 0.00 604.9411111 116769 12/16/10 571 CHANG TAI DO KARATE & FI 1116101 INSTRUCTOR - KARATE 0.00 271.4411111 116769 12/16/10 571 CHANG TAI DO KARATE & FI 1116101 INSTRUCTOR- KARATE 0.00 345.6811111 116769 12/16/10 571 CHANG TAI DO KARATE & FI 1116101 INSTRUCTOR - KARATE 0.00 135.72TOTAL CHECK 0.00 2,282.3011111 116770 12/16/10 749 CHESS WIZARDS 1116101 INSTRUCTOR - CHESS 0.00 900.0011111 116771 12/16/10 500 CHIA YU LIN & NING NING 111 REFUND - DEPOSIT 0.00 2,200.0011111 116772 12/16/10 163 CHOW, JACKSON 1116101 INSTRUCTOR - DEBATE 0.00 624.1011111 116772 12/16/10 163 CHOW, JACKSON 1116101 INSTRUCTOR - DEBATE 0.00 312.0511111 116772 12/16/10 163 CHOW, JACKSON 1116101 INSTRUCTOR - DEBATE 0.00 312.05TOTAL CHECK 0.00 1,248.2011111 116773 12/16/10 616 DAVCO WATERPROOFING SVC, 6246202 ROOF RPR-SAUNDERS RM 0.00 395.8028 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2DATE: 12/20/2010 CITY OF SARATOGA ACCTPA21TIME: 12:33:01 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20101216 00:00:00.000’ACCOUNTING PERIOD: 6/11 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT11111 116774 12/16/10 564 DE LAGE LANDEN PUBLIC FI 6213102 COPIER 12/21-01/20 0.00 1,413.0011111 116775 12/16/10 355 DURAN & VENABLES, INC. 411 RETENTION HELD-PO#66 0.00 -2,987.5011111 116775 12/16/10 355 DURAN & VENABLES, INC. 4119111-001 AUSTIN/FRUITVALE AV 0.00 29,875.00TOTAL CHECK 0.00 26,887.5011111 116776 12/16/10 370 ECONOMY LUMBER 1115301 LUMBER - PARKS 0.00 74.9911111 116777 12/16/10 500 ELAINE CLABEAUX 111 REFUND - FACILITY 0.00 500.0011111 116778 12/16/10 390 ELECTRICAL DISTRIBUTORS 6246202 SUPPLIES - FACILITIES 0.00 449.7111111 116778 12/16/10 390 ELECTRICAL DISTRIBUTORS 6246202 CREDIT MEMO 0.00 -75.70TOTAL CHECK 0.00 374.0111111 116779 12/16/10 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR-GYMNASTICS 0.00 326.2511111 116779 12/16/10 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR-GYMNASTICS 0.00 261.0011111 116779 12/16/10 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR-GYMNASTICS 0.00 359.4111111 116779 12/16/10 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR-GYMNASTICS 0.00 344.5411111 116779 12/16/10 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR-GYMNASTICS 0.00 219.2511111 116779 12/16/10 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR-GYMNASTICS 0.00 215.74TOTAL CHECK 0.00 1,726.1911111 116780 12/16/10 416 EVANS WEST VALLEY SPRAY 4119111-001 WEED CNTRL-ROADSIDE 0.00 4,500.0011111 116781 12/16/10 419 EVENT SERVICES 1115301 MTHLY RNTL-WVC 11/10 0.00 152.9511111 116781 12/16/10 419 EVENT SERVICES 1115301 MTHLY RNTL-PROSP11/10 0.00 355.90TOTAL CHECK 0.00 508.8511111 116782 12/16/10 542 FURLO & FURLO 411 RETENTION RELEASE #74 0.00 2,980.0011111 116782 12/16/10 542 FURLO & FURLO 411 RETENTION RELEASE #75 0.00 130.00TOTAL CHECK 0.00 3,110.0011111 116783 12/16/10 454 GACHINA LANDSCAPE MANAGE 1115301 FALL COLOR-BLANEY PLZ 0.00 899.0011111 116783 12/16/10 454 GACHINA LANDSCAPE MANAGE 4119111-001 ALOHA/HWY9 - 12/10 0.00 390.00TOTAL CHECK 0.00 1,289.0011111 116784 12/16/10 455 GARDENLAND POWER EQUIPME 1115301 THROTTLE CABLES-PARKS 0.00 56.1811111 116785 12/16/10 463 GRAINGER 6246202 FACILITIES SUPPLIES 0.00 59.1511111 116786 12/16/10 466 GRANITE ROCK COMPANY 4119111-001 ASPHALTIC CONCRETE 0.00 168.2211111 116787 12/16/10 470 GREGORIAN, AGNES 1116101 INSTRUCTOR - DANCE 0.00 193.5011111 116787 12/16/10 470 GREGORIAN, AGNES 1116101 INSTRUCTOR - DANCE 0.00 207.0011111 116787 12/16/10 470 GREGORIAN, AGNES 1116101 INSTRUCTOR- DANCE 0.00 179.50TOTAL CHECK 0.00 580.0011111 116788 12/16/10 671 GUERRA CONSTRUCTION GROU 432 RETENTION HELD-PO#19 0.00 -5,971.8511111 116788 12/16/10 671 GUERRA CONSTRUCTION GROU 432 RETENTION HELD-PO#19 0.00 -8,871.1611111 116788 12/16/10 671 GUERRA CONSTRUCTION GROU 4329274-001 JOE’S TRAIL-SARATOGA 0.00 88,711.6211111 116788 12/16/10 671 GUERRA CONSTRUCTION GROU 4329274-001 JOE’S TRAIL-SARATOGA 0.00 59,718.46TOTAL CHECK 0.00 133,587.0729 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3DATE: 12/20/2010 CITY OF SARATOGA ACCTPA21TIME: 12:33:01 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20101216 00:00:00.000’ACCOUNTING PERIOD: 6/11 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT11111 116789 12/16/10 488 HOME DEPOT 1115301 SUPPLIES - PARKS 0.00 209.1911111 116790 12/16/10 520 FUN FUN FUNDAMENTALS 1116101 INSTRUCTOR - SPORTS 0.00 283.2011111 116790 12/16/10 520 FUN FUN FUNDAMENTALS 1116101 INSTRUCTOR - SPORTS 0.00 212.4011111 116790 12/16/10 520 FUN FUN FUNDAMENTALS 1116101 INSTRUCTOR - SPORTS 0.00 283.2011111 116790 12/16/10 520 FUN FUN FUNDAMENTALS 1116101 INSTRUCTOR-BASKETBALL 0.00 403.6511111 116790 12/16/10 520 FUN FUN FUNDAMENTALS 1116101 INSTRUCTOR-BASKETBALL 0.00 200.25TOTAL CHECK 0.00 1,382.7011111 116791 12/16/10 14 HYDROTEC IRRIGATION EQUI 2525302 REPAIRS-P.CROSSING 0.00 1,231.2611111 116792 12/16/10 57 INTERNATIONAL INSTITUTE 1112201 DUES - SULLIVAN 0.00 275.0011111 116793 12/16/10 61 INTERSTATE BATTERY SYSTE 6235202 BATTERIES - STREETS 0.00 388.7711111 116794 12/16/10 63 INTERSTATE TRAFFIC CONTR 4119111-001 SUPPLIES- STREETS 0.00 270.3911111 116794 12/16/10 63 INTERSTATE TRAFFIC CONTR 4119111-002 SUPPLIES - STREETS 0.00 97.34TOTAL CHECK 0.00 367.7311111 116795 12/16/10 674 JB TROPHIES 1112201 BRONZE PLAQUE 0.00 170.3811111 116796 12/16/10 199 JENSEN, PAUL 4329274-001 PROF SVC 10/05-10/21 0.00 1,575.0011111 116796 12/16/10 199 JENSEN, PAUL 4329274-001 PROF SVC 11/03-11/29 0.00 1,705.00TOTAL CHECK 0.00 3,280.0011111 116797 12/16/10 500 JOHN AND MELINDA DINAPOL 111 REFUND - DEPOSIT 0.00 1,300.0011111 116798 12/16/10 92 JOHN DEERE LANDSCAPES, I 1115201 SHOVEL - STREETS 0.00 68.8311111 116799 12/16/10 500 JOHN SCHROEDER 111 REFUND - DEPOSIT 0.00 1,990.0011111 116800 12/16/10 500 JULIE LE 111 REFUND - DEPOSIT 0.00 1,780.0011111 116801 12/16/10 118 JUST FOR KICKS 1116101 INSTRUCTOR-SOCCER 0.00 157.5011111 116801 12/16/10 118 JUST FOR KICKS 1116101 INSTRUCTOR-SOCCER 0.00 126.0011111 116801 12/16/10 118 JUST FOR KICKS 1116101 INSTRUCTOR-SOCCER 0.00 189.0011111 116801 12/16/10 118 JUST FOR KICKS 1116101 INSTRUCTOR-SOCCER 0.00 157.50TOTAL CHECK 0.00 630.0011111 116802 12/16/10 500 KALPANA RAMAKRISHNAN 111 REFUND - DEPOSIT 0.00 5,427.6911111 116803 12/16/10 127 KELLY MOORE PAINT COMPAN 4119142-004 WOOD STAIN-DOWNTOWN 0.00 50.8911111 116804 12/16/10 100 KSAR 7128702 PEG FEE MONEY 0.00 124,125.0311111 116804 12/16/10 100 KSAR 7128702 PEG FEE INTEREST 0.00 1,206.95TOTAL CHECK 0.00 125,331.9811111 116805 12/16/10 914 MARINES MEMORIAL THEATRE 1116101 EXCURSION 01/05/11 0.00 1,050.0011111 116806 12/16/10 500 MICHAEL AND CASSANDRA HU 111 REFUND - DEPOSIT 0.00 1,900.0030 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4DATE: 12/20/2010 CITY OF SARATOGA ACCTPA21TIME: 12:33:01 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20101216 00:00:00.000’ACCOUNTING PERIOD: 6/11 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT11111 116807 12/16/10 50 MOORE, KAREN 1116101 INSTRUCTOR - COOKING 0.00 22.0011111 116808 12/16/10 89 MY FIRST ART CLASS 1116101 INSTRUCTOR - ART 0.00 29.7011111 116808 12/16/10 89 MY FIRST ART CLASS 1116101 INSTRUCTOR - ART 0.00 148.50TOTAL CHECK 0.00 178.2011111 116809 12/16/10 135 NORTH BAY BLDG MAINTENAN 6246202 WKLY SVC 11/28-11/30 0.00 190.0011111 116809 12/16/10 135 NORTH BAY BLDG MAINTENAN 6246202 WKLY SVC 12/1-12/4 0.00 190.00TOTAL CHECK 0.00 380.0011111 116810 12/16/10 139 NOVAKOVICH,MATT 1115301 ORCHARD MAINT 12/30 0.00 44,563.2611111 116811 12/16/10 1 OFF OF SHERIFF-FISCAL SV 1117101 LAW ENFORCEMENT 12/10 0.00 354,429.0011111 116812 12/16/10 145 OFFICE DEPOT INC. 1113101 OFFICE SUPPLIES 0.00 138.1911111 116813 12/16/10 60 ONTRAC 1115101 DELIVERY CHARGES 0.00 5.5011111 116814 12/16/10 540 ORCHARD SUPPLY 6246202 SUPPLIES - FACILITIES 0.00 179.3011111 116815 12/16/10 168 ORCHARD SUPPLY HARDWARE- 1115301 SUPPLIES - PARKS 0.00 199.2511111 116815 12/16/10 168 ORCHARD SUPPLY HARDWARE- 1115201 SUPPLIES - STREETS 0.00 147.94TOTAL CHECK 0.00 347.1911111 116816 12/16/10 173 PACIFIC GAS & ELECTRIC 1115301 SARA LIBRARY11/3-12/3 0.00 1,516.7311111 116816 12/16/10 173 PACIFIC GAS & ELECTRIC 6246202 NAT. GAS10/31-11/30 0.00 72.50TOTAL CHECK 0.00 1,589.2311111 116817 12/16/10 278 PETROTEK 6235202 FUEL TESTING 11/10 0.00 200.0011111 116818 12/16/10 500 PO-JEN YANG 111 REFUND - DEPOSIT 0.00 1,810.0011111 116819 12/16/10 409 REPUBLIC ITS 2315302 ST LGHT MTC/RPR 10/10 0.00 73.0011111 116819 12/16/10 409 REPUBLIC ITS 4119111-001 SGNAL RPR-BASIN/SARA 0.00 885.00TOTAL CHECK 0.00 958.0011111 116820 12/16/10 500 ROLF AND JUNE SLADE 111 REFUND - DEPOSIT 0.00 2,843.0011111 116821 12/16/10 87 SAN JOSE WATER COMPANY 2415302 ARROYO DE SARATOGA 0.00 55.8011111 116821 12/16/10 87 SAN JOSE WATER COMPANY 6246202 BUILDINGS 0.00 297.6111111 116821 12/16/10 87 SAN JOSE WATER COMPANY 1115301 PARKS/OPEN SPACE 0.00 3,501.5111111 116821 12/16/10 87 SAN JOSE WATER COMPANY 2455302 FREDERICKSBURG 0.00 33.6411111 116821 12/16/10 87 SAN JOSE WATER COMPANY 2465302 GREENBRIAR 0.00 174.9711111 116821 12/16/10 87 SAN JOSE WATER COMPANY 2515302 MCCARTYSVILLE 0.00 247.8011111 116821 12/16/10 87 SAN JOSE WATER COMPANY 2555302 TRICIA WOODS 0.00 111.2411111 116821 12/16/10 87 SAN JOSE WATER COMPANY 2485302 LEUTAR CT. 0.00 134.2911111 116821 12/16/10 87 SAN JOSE WATER COMPANY 2425302 BONNET WAY 0.00 145.2411111 116821 12/16/10 87 SAN JOSE WATER COMPANY 2525302 PRIDES CROSSING 0.00 207.5511111 116821 12/16/10 87 SAN JOSE WATER COMPANY 2725302 BELLGROVE 0.00 1,867.3711111 116821 12/16/10 87 SAN JOSE WATER COMPANY 2445302 CUNNINGHAM/GLASGOW 0.00 33.6411111 116821 12/16/10 87 SAN JOSE WATER COMPANY 2765302 TOLLGATE 0.00 27.9011111 116821 12/16/10 87 SAN JOSE WATER COMPANY 2735302 GATEWAY PROJECT 0.00 268.8731 SUNGARD PUBLIC SECTOR PAGE NUMBER: 5DATE: 12/20/2010 CITY OF SARATOGA ACCTPA21TIME: 12:33:01 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20101216 00:00:00.000’ACCOUNTING PERIOD: 6/11 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNTTOTAL CHECK 0.00 7,107.4311111 116822 12/16/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - ZUMBA 0.00 114.0011111 116822 12/16/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 47.6011111 116822 12/16/10 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 59.50TOTAL CHECK 0.00 221.1011111 116823 12/16/10 505 SC FIRE DEPARTMENT 1116101 INSTRUCTOR - CPR 0.00 129.0011111 116824 12/16/10 136 SCOTTY’S AUTOMOTIVE 6235202 MAINT VEH#101-103-104 0.00 115.0011111 116824 12/16/10 136 SCOTTY’S AUTOMOTIVE 6235202 OIL FILTER - VEH#104 0.00 66.08TOTAL CHECK 0.00 181.0811111 116825 12/16/10 147 SHIMODA MICHIKO 1116101 INSTRUCTOR - IKEBANA 0.00 222.0011111 116826 12/16/10 767 SILVA GRADING & PAVING 411 RETENTION HELD PO#69 0.00 -425.0011111 116826 12/16/10 767 SILVA GRADING & PAVING 4119111-001 ROADWAY/PARKING LOT 0.00 3,000.0011111 116826 12/16/10 767 SILVA GRADING & PAVING 4119111-001 ROADWAY/PARKING LOT 0.00 1,250.00TOTAL CHECK 0.00 3,825.0011111 116827 12/16/10 500 STEVEN CHEN 111 REFUND - DEPOSIT 0.00 3,563.4911111 116828 12/16/10 915 STUDIO 1204, INC. 1116101 SUPPLIES - RECREATION 0.00 41.9811111 116829 12/16/10 266 SUNGARD PUBLIC SECTOR IN 6223201 SUNGARD PLUS MTC 1/11 0.00 5,390.0011111 116829 12/16/10 266 SUNGARD PUBLIC SECTOR IN 6223201 MTHLY MAINT 01/2011 0.00 364.00TOTAL CHECK 0.00 5,754.0011111 116830 12/16/10 308 TESTING ENGINEERS 4119112-002 TSTNG/INSPEC-SARA AVE 0.00 1,020.0011111 116831 12/16/10 336 TLC ADMINISTRATORS 1112301 125 FEES 12/10 0.00 175.0011111 116832 12/16/10 385 UNIVERSAL SWEEPING SERVI 1115103 MTHLY ST SWEEP 11/10 0.00 7,489.0011111 116832 12/16/10 385 UNIVERSAL SWEEPING SERVI 1115103 SWEEP SVC 11/10 0.00 922.92TOTAL CHECK 0.00 8,411.9211111 116834 12/16/10 391 US BANK PURCHASING CARD 4119142-004 BOREL-OAK PLUGS-VLGE 0.00 114.8611111 116834 12/16/10 391 US BANK PURCHASING CARD 1111201 BOREL-EVENT SUPPLIES 0.00 15.0611111 116834 12/16/10 391 US BANK PURCHASING CARD 111 DAVE-MTG. EXPENSE 0.00 730.0011111 116834 12/16/10 391 US BANK PURCHASING CARD 1115201 RICK-OFFICE SUPPLIES 0.00 36.8211111 116834 12/16/10 391 US BANK PURCHASING CARD 1115201 RICK-TRAINING SUPPL. 0.00 27.9811111 116834 12/16/10 391 US BANK PURCHASING CARD 4119142-008 RICK-STORM DRAIN SUPL 0.00 993.2111111 116834 12/16/10 391 US BANK PURCHASING CARD 1116101 ADAM-MTHLY. EMAILS 0.00 85.0011111 116834 12/16/10 391 US BANK PURCHASING CARD 1115201 JESUS-CELLPHONE CASE 0.00 16.3811111 116834 12/16/10 391 US BANK PURCHASING CARD 1111201 ABBY-PC STUDY SESSION 0.00 175.8511111 116834 12/16/10 391 US BANK PURCHASING CARD 1114101 ABBY-ISA RECERTIF. 0.00 100.0011111 116834 12/16/10 391 US BANK PURCHASING CARD 6246202 FRANCISCO-FAC. SUPPL 0.00 56.3511111 116834 12/16/10 391 US BANK PURCHASING CARD 1111101 ANN-MTG. EXPENSES 0.00 513.0811111 116834 12/16/10 391 US BANK PURCHASING CARD 1112301 MONICA-SHRM BOOK 0.00 49.1511111 116834 12/16/10 391 US BANK PURCHASING CARD 6128501 MONICA-WELLNESS BOOK 0.00 19.1611111 116834 12/16/10 391 US BANK PURCHASING CARD 4329274-001 SHAHEEN-UPS/JOES TRL 0.00 11.6911111 116834 12/16/10 391 US BANK PURCHASING CARD 4119142-008 SHAHEEN-STRM DRAIN 0.00 1,894.4032 SUNGARD PUBLIC SECTOR PAGE NUMBER: 6DATE: 12/20/2010 CITY OF SARATOGA ACCTPA21TIME: 12:33:01 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20101216 00:00:00.000’ACCOUNTING PERIOD: 6/11 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT11111 116834 12/16/10 391 US BANK PURCHASING CARD 1113101 MARY-FEDEX/GFOA 0.00 26.2611111 116834 12/16/10 391 US BANK PURCHASING CARD 1113101 MARY-CAFR PRINTING 0.00 33.6511111 116834 12/16/10 391 US BANK PURCHASING CARD 1113101 MARY-FEDEX/GFOA&CAFR 0.00 16.6011111 116834 12/16/10 391 US BANK PURCHASING CARD 1114101 LORI-OFFICE SUPPLIES 0.00 27.3611111 116834 12/16/10 391 US BANK PURCHASING CARD 1114102 LORI-OFFICE SUPPLIES 0.00 18.2411111 116834 12/16/10 391 US BANK PURCHASING CARD 6246202 THOMAS-OFFICE SUPPL. 0.00 7.9611111 116834 12/16/10 391 US BANK PURCHASING CARD 4129221-001 THOMAS-AV SUPPL. 0.00 8.7311111 116834 12/16/10 391 US BANK PURCHASING CARD 6246202 THOMAS-FAC. SUPPL. 0.00 19.6211111 116834 12/16/10 391 US BANK PURCHASING CARD 6128501 JOAN-WELLNESS EXP. 0.00 192.5011111 116834 12/16/10 391 US BANK PURCHASING CARD 1115301 JOAN-MTG. EXPENSE 0.00 17.3711111 116834 12/16/10 391 US BANK PURCHASING CARD 1112201 LEO-COMPUTER SUPPLIES 0.00 390.6511111 116834 12/16/10 391 US BANK PURCHASING CARD 1113101 LEO-NOV. BACKUP 0.00 81.9511111 116834 12/16/10 391 US BANK PURCHASING CARD 1116101 TAYLOR-PLUGNPAY FEE 0.00 30.0011111 116834 12/16/10 391 US BANK PURCHASING CARD 6246202 TAYLOR-POWERSTRP/GLUE 0.00 26.1911111 116834 12/16/10 391 US BANK PURCHASING CARD 1116102 TAYLOR-OFFICE SUPPL. 0.00 78.1311111 116834 12/16/10 391 US BANK PURCHASING CARD 6118401 TAYLOR-ABAG CONF. 0.00 315.0011111 116834 12/16/10 391 US BANK PURCHASING CARD 1111101 DEBBIE-MTG. EXP. 0.00 327.1811111 116834 12/16/10 391 US BANK PURCHASING CARD 1112101 DEBBIE-OFFICE SUPPL. 0.00 119.0011111 116834 12/16/10 391 US BANK PURCHASING CARD 1114101 CHRIS-CONF. EXPENSES 0.00 523.1711111 116834 12/16/10 391 US BANK PURCHASING CARD 1114101 CHRIS-CONF. EXPENSE 0.00 3.2411111 116834 12/16/10 391 US BANK PURCHASING CARD 6128501 JANA-WELLNESS EXP. 0.00 185.3311111 116834 12/16/10 391 US BANK PURCHASING CARD 4129221-001 CRYSTAL-PLAQUE-BLANEY 0.00 199.0011111 116834 12/16/10 391 US BANK PURCHASING CARD 1116101 KIM-EXCURSION EXP. 0.00 3,250.6211111 116834 12/16/10 391 US BANK PURCHASING CARD 1116101 KIM-REFUND-11/3 TRIP 0.00 -45.00TOTAL CHECK 0.00 10,691.7411111 116835 12/16/10 902 WEST VALLEY CHARTER LINE 1116101 EXCURSION SVC01/05/11 0.00 805.0011111 116836 12/16/10 198 WITTWER & PARKIN, LLP 111 PROF SVC GPA09-0002 0.00 5,385.2011111 116837 12/16/10 500 WONG, SUSAN 111 REFUND - FACILITY 0.00 300.0011111 116838 12/16/10 439 XEROX CORPORATION 6213102 S/N: RYU427159 MAINTEN 0.00 15.0011111 116838 12/16/10 439 XEROX CORPORATION 6213102 SERIAL # RYU272971 0.00 15.00TOTAL CHECK 0.00 30.00TOTAL CASH ACCOUNT 0.00 793,552.00TOTAL FUND 0.00 793,552.00TOTAL REPORT 0.00 793,552.0033 SARATOGA CITY COUNCIL MEETING DATE: January 5, 2011 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Development Impact Fee Report RECOMMENDED ACTION Staff recommends that the Council review and accept the annual AB1600 Development Impact Fee report for the year ended June 30, 2010. BACKGROUND As set forth in California Government Code Section 66000-66025, known as the Mitigation Fee Act, agencies which impose a fee as a condition of approval for a development project are required to account for and report on the use of the fees within 180 days of fiscal year-end. Development impact fees are defined as a fee charged to compensate for demands on public resources resulting from the development of land and property and imposed as a condition of development approval. Saratoga has established two of these fees: the Park-In-Lieu Development Fee and the Road Impact Fee. REPORT SUMMARY As required under AB1600 accounting guidelines, this report provides: 1. A brief description of the type of fee; 2. The amount of the fee; 3. Beginning and ending balances of the fees; 4. Total fees collected and the interest earned, if applicable; 5. Identification of the public improvement the fees were used for; 6. Identification and timeline of public improvements any unexpended fees will be used for; 7. Description and uses for transfers or loans of fees, if applicable. The legislature finds and declares that the timely and proper allocation of development fees promotes economic growth and is, therefore, a matter of statewide interest and concern. Park-In-Lieu Development Fees The City of Saratoga requires either a dedication of land, or imposes a Park-In-Lieu fee of $20,700 on each new parcel as a condition of subdivision approval, to account for increased usage and additional park requirements brought on by increased development within the City. Five acres of parkland per 1,000 residents is the standard promulgated by the National Recreation and Parks Association and is a common metric utilized by other communities in California to measure adequacy of parkland. The 2007 34 Update to the Open Space and Conservation Element of the City’s General Plan recognized that additional parkland must be protected and established a goal of five acres of parkland per 1,000 acres. This amount of parkland allows the City to maintain its existing character as a small town community surrounded by rural and open space. The Park-In-Lieu Development Fee of $20,700 per subdivided parcel is calculated based upon the formula: (2.76 people per household) X (5 acres per 1,000 residences) X ($1.5 million per acre) The following table summarizes the activity for the Park-In-Lieu Development Fees collected and utilized as of June 30, 2010: Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2006/07 2007/08 2008/09 2009/10 Beginning balance -$ 143,799$ (70,577)$ (29,177)$ Sources: Revenue - Park-In-Lieu Fees - - 41,400 20,700 Transfer in - General Fund 250,000 - - - Transfer in - Closed Park Project - - - 275 Uses: CIP - West Valley Soccer Field 106,201 214,376 - - Total available for future projects 143,799$ (70,577)$ (29,177)$ (8,202)$ Park-In-Lieu Development Fees Park-In-Lieu Fee revenue received in FY 2009/10 was applied to the outstanding balance of the West Valley College Soccer Field capital project. This project built a new soccer field on West Valley College land under a joint use agreement which allows Saratoga youth sport organizations to use two of the college’s sport fields on Sundays, and also provides “Use Credits” to the City toward rent of West Valley College facilities for recreation programs at a reduced rate. The remaining Park-In-Lieu Fee outstanding balance of $8,202 will be repaid from Park-In-Lieu fees received in FY 2010/11. Future impact fees will be applied to park improvement projects, as directed by Council under the Capital Improvement Project budget process. Road Impact Fees In May of 2008, the City Council authorized the establishment and collection of a Road Impact Fee (effective July 1, 2008) to offset the additional cost of street maintenance incurred as a result of damage to the city’s roadways caused by heavy construction vehicles on public roads from new development. The fee is based on a 2006 study by CSG consultants, commissioned by the cities of Saratoga, Monte Sereno, Campbell, and Los Gatos, which determined the impact of construction vehicles on streets and roads, and an appropriate fee to mitigate the costs of damage or deterioration in pavement. CSG Consultants determined that a fee of $0.77 per $100 of building valuation was a fair assessment of the impact of construction related vehicles on Saratoga’s streets. Road Impact Fees are payable at the time building permits are issued for development. Road Impact Fee revenues are appropriated directly to the Capital Improvement Plan’s Street Improvement Fund, specifically into the Street Resurfacing and the Striping & Signage projects and used 35 to pay for increased street resurfacing and maintenance costs. The following table summarizes the Road Impact Fees collected and utilized as of June 30, 2010: Fiscal Year Fiscal Year 2008/09 2009/10 Beginning balance -$ -$ Sources Revenues - Dev Road Impact Fee 298,846 343,913 Uses: CIP - Street Resurfacing Project 298,846 343,913 Total available for future projects -$ -$ Road Impact Development Fees The above Road Impact Development Fee schedule does not include solid waste vehicle road impact fee revenues collected under the West Valley Solid Waste Management Authority (WVSWMA) contract with the City’s refuse contractor. AB1600 reporting requirements only apply to fees in connection with the approval of a development project. FISCAL IMPACTS: AB1600 fees do not impact the General Fund. Revenues are remitted directly to Capital Project Funds and utilized for capital projects directly from these funds, within the current or following budget year. City of Saratoga follows State requirements that development impact fees be used or appropriated to a specific project within 5 years for a specified purpose, or returned to the developer/payee. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would not be in compliance with California requirements. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: N/A 36 Page 1 of 3 SARATOGA CITY COUNCIL MEETING DATE: January 5, 2011 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director SUBJECT: Approval of Sport User Agreements - 2011 RECOMMENDED ACTION: Approve Sport User Agreements with American Youth Soccer Organization, Saratoga Little League, Quito Little League, De Anza Youth Soccer League, West Valley Lacrosse Club, West Valley Youth Soccer League, and Saratoga Pony League for the use of Saratoga City parks, West Valley College, and Prospect High School for organized sport use, and authorize the City Manager to execute the same. REPORT SUMMARY: Currently the City has executed user agreements with seven organized youth sport groups: American Youth Soccer Organization (AYSO), Saratoga Little League (SLL), Quito Little League (QLL), De Anza Youth Soccer League (DYSL), West Valley Youth Soccer League (WVYSL), West Valley Lacrosse Club (WVLC), and Saratoga Pony League (SPL). The following is a summary of the user agreements the City manages: Sport User Use Location AYSO Kevin Moran Park (practice only) Congress Springs Park Prospect High School West Valley College DYSL El Quito Park (practice only) Prospect High School West Valley College Kevin Moran Park (practice only) SLL Congress Springs Park QLL El Quito Park (practice only) 37 Page 2 of 3 Sport User Use Location WVLC Prospect High School SPL Congress Springs Park (Los Altos-Mt. View sister club will share use of the pony field in 2011) WVYSL Prospect High School User agreements are necessary to manage sport use in the City by scheduling activities, controlling impacts to City parks, and recovering maintenance costs. The maintenance fees charged to the sports user groups that use City Parks are based on additional park maintenance required above the normal maintenance practices that would be employed, absent the impacts of a particular sport being played. Additional maintenance activities include, but are not limited to additional mowing, watering, fertilizing, seeding, aeration, clean-up, and pre and post field preparation. In addition, baseball and soccer each have different needs and place different demands on a park’s infrastructure, thus they have different maintenance fees. Each year these fees go up or down based on the actual maintenance costs during the use period. Some fees charged this year were adjusted to keep pace with increases in costs. The facility use agreements between the City and Campbell Union High School District (Prospect High School) and the City and West Valley College stipulate a payment for hourly usage of their fields. The hourly rate of $35 is a pass through via the youth sports groups with whom the City has user agreements. An additional user agreement has been developed this year for Pony League’s sister club from Mt. View. Mt. View’s pony field will be under renovation during the 2011 season and asked Saratoga Pony for assistance with field time for their games. Currently Saratoga Pony is suffering from low membership, so sharing the expenses for 2011with another Pony team will be helpful to their club. Saratoga Pony will be responsible for the full cost of the expenses for 2011 and it will be their responsibility for collecting the appropriate proportional cost from the Mt. View club. FISCAL IMPACTS: Approximately $125,000 in annual revenue and expense. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The User Agreements would not be approved and another mechanism for the use of City parks and outside venues by sport users would need to be developed. ALTERNATIVE ACTION(S): None. 38 Page 3 of 3 FOLLOW UP ACTION(S): The User Agreements will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us ATTACHMENTS: 1. User agreements for Congress Springs Park 2. User agreements for El Quito Park 3. User agreements for Kevin Moran Park 4. User agreements for Prospect High School 5. User agreements for West Valley College 39 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and AMERICAN YOUTH SOCCER ORGANIZATION, (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the Park”), in which City has constructed facilities, including multi-use fields, a snack shack, and parking areas. B. Little League and American Youth Soccer Organization-Region 27 (“AYSO”), jointly own equipment installed within the snack shack. C. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement AYSO shall have the right to use the turf fields and snack shack pursuant to this Agreement during the months of August through December (“Soccer Season”). Each year, AYSO shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf fields and snack shack and (b) the schedule for games and practices during the Soccer Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season AYSO shall be entitled to the exclusive use of the turf fields and snack shack during the conduct of its games and practices. At all other times, the snack shack shall be closed but the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Maintenance of the interior of the snack shack and repair of the equipment within the snack shack owned by Little League and AYSO, together with general custodial care of the snack shack interior and general clean-up of the restrooms and storage room within the snack shack building. Page 1 of 6 40 (b) Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (c) Prepare fields for games including lining of fields. (d) Ensuring the safety of all AYSO activities including, but not limited to, preventing soccer balls from exiting the park onto Highway 85 during AYSO practice or games. AYSO shall immediately notify the Public Works Director if a soccer ball exits the park onto Highway 85 during and AYSO practice or game. If it is determined that a ball is willfully kicked or thrown onto Highway 85 by any AYSO member during the Soccer Season, AYSO’s rights to use of the Park shall terminate for the remainder of the Soccer Season and, if the event occurs in the second half of the Soccer Season, for the following Soccer Season. (e) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Soccer Season, at which time AYSO shall advise the City of any objections to the condition of the turf fields. During the Soccer Season AYSO shall immediately notify the City of any objections to the condition of the turf fields. (f) Ensuring the safety of all User Group activities. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2011. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City Page 2 of 6 41 employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. Page 3 of 6 42 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. Page 4 of 6 43 (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director Page 5 of 6 44 Page 6 of 6 City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: _______________________________ a municipal corporation American Youth Soccer Organization By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] 45 Exhibit “A” Additional City Maintenance at Congress Springs Park – For AYSO Region 27 Soccer Pre-Season Tasks • Fill low areas with sand 8 hours • Fertilize fields 6 hours • Thatch fields 16 hours • Aeration of fields 12 hours • Rolling and leveling of fields 32 hours Regular Season Tasks • Aerate 6 hours • Mow 2 times per week 40 hours • De-thatch, thinning of turf 16 hours • Spreading of soil penetrants, and repair of wet areas/worn areas in turf 24 hours • Spot fertilizing of worn areas 12 hours • Fertilization 6 hours Total Hours 178 hours @ $38.00/hr = $6,764 • Administrative Costs: .10 x $6,764 = $676 Total Cost Labor: $7,440 Post Season Tasks/Materials - Top dressing of fields with sand $8,000 - Fertilizer $800 - Soil penetrants and turface $1,200 Total Post Season Tasks/Materials: $10,000.00 Total Cost Labor + Post Season Tasks/Materials: $17,440.00 - Re-soding of fields (if needed) +/- $2,000.00 (exact amount to be determined at end of season based on wear of turf) 46 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and LOS ALTOS-MT. VIEW PONY LEAGUE, is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the Park”), in which City has constructed facilities, including multi-use fields, and parking areas. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement Saratoga Pony shall have the right to use the Pony Field pursuant to this Agreement during the months of January through June (“Baseball Season”). Post Season usage of the turf fields during the month of July for playoffs and tournaments, is allowed, but requires the authorization of the Public Works Director prior scheduling. Each year, Pony shall inform City as to (a) the anticipated specific starting and ending dates of its use of the Pony Field and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Pony shall be entitled to the joint use of the Pony Field by Pony and Saratoga Little League as directed by the Public Works Director. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Clean up of Pony related litter and debris on baseball field, dugouts, bleacher areas, playground area, bathrooms and parking lot area after each game or practice and deposit of all garbage in the trash containers and recyclables in recyclable bins. (b) Maintain batter boxes, pitcher mounds, and dugouts after all games and practices. Page 1 of 7 47 (c) Prepare fields for games including dragging and lining of infields. (d) Ensuring the safety of all Pony activities including, but not limited to, preventing baseballs from exiting the park onto Highway 85 during Pony practice or games. Pony shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85 during and Pony practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Pony member during the Baseball Season, Pony’s rights to use of the Park shall terminate for the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball Season. (e) Locking up batting cages, storage areas and storage area in Maintenance Yard. Any shared use areas that are not locked at the end of practice/game will be locked by City Staff and User Group will lose shared usage of the area for the remainder of the Baseball Season and, if the event occurs, in the second half of the Baseball Season for the following Baseball Season. (f) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Saratoga Pony shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Pony shall immediately notify the City of any objections to the condition of the turf fields. (g) Ensuring the safety of all User Group activities. (h) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of the baseball season, at which time User Group shall advise the City of any objections to the condition of the field. During the baseball season User Group shall immediately notify the City of any objections to the condition of the field. (i) Remove temporary fencing, banners, foul poles at the end of the Baseball Season. (j) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4 Additional Costs. Any maintenance or end of season tasks not completed by User Group, including but not limited to violations of Section 3 of this Agreement, the City may hire a Contractor to perform the work and User Group will be invoiced by the City for associated costs. 5 Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of Page 2 of 7 48 the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2011. 6 Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 7 Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 8 Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of Sections 3(a), 3(b), 7 and 8 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 9 Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, Page 3 of 7 49 damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 10 Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, boards and commissions, employees or volunteers. Page 4 of 7 50 d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11 Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 12 Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in Page 5 of 7 51 writing one or more City employees to exercise some or all of his authority under this Agreement. 13 Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 14 Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 15 Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 6 of 7 52 Page 7 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: ________________________ a municipal corporation Los Altos-Mt. View Pony By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager ________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] 53 Exhibit “A” Additional City Maintenance Tasks at Congress Springs Park For Los Altos-Mt View Pony League 2011 user group costs related to the use of the Pony League field at Congress Springs Park by the Los Altos-Mt. View Pony League shall be paid by Saratoga Pony League. Any cost sharing arrangements for use of the pony field shall be between LA-MV Pony League and Saratoga Pony League. 54 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and SARATOGA LITTLE LEAGUE BASEBALL, INC. (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the Park”), in which City has constructed facilities, including multi-use fields, a snack shack, and parking areas. B. Little League and American Youth Soccer Organization-Region 27 (“AYSO”), jointly own equipment installed within the snack shack. C. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement Little League shall have the right to use the turf fields and snack shack pursuant to this Agreement during the months of January through June (“Baseball Season”). Post Season usage of the turf fields during the month of July for playoffs and tournaments, is allowed, but requires the authorization of the Public Works Director prior scheduling. All use of the minor league fields including the AA field, Farm fields, and T-Ball fields must cease by June 1st each season to allow for conversion to soccer. Each year, Little League shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf fields and snack shack and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Little League shall be entitled to the exclusive use of the turf fields and snack shack during the conduct of its games and practices, provided, however, that Little League shall not be entitled to exclusive use of the field designated by the Public Works Director for use by the Pony League (Pony Field) which field shall be subject to joint use by Little League and Pony League as directed by the Public Works Director. At all other times, the snack shack shall be closed but the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” Page 1 of 7 55 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Maintenance of the interior of the snack shack and repair of the equipment within the snack shack owned by Little League and AYSO, together with general custodial care of the snack shack interior and general clean-up of the restrooms and storage room within the snack shack building. (b) Maintenance of electronic scoreboards. (c) Clean up of Little League related litter and debris on all baseball fields, dugouts, bleacher areas, playground area, bathrooms and parking areas after each game or practice and deposit of all garbage in the trash containers and recyclables in recycle bins. (d) Maintain batter boxes, pitcher mounds, and dugouts after all games and practices. (e) Prepare fields for games including dragging and lining of infields. (f) Ensuring the safety of all Little League activities including, but not limited to, preventing baseballs from exiting the park onto Highway 85 during Little League practice or games. Little League shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85 during a Little League practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Little League member during the Baseball Season, Little League’s rights to use of the Park shall terminate for the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball Season. (g) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Little League shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Little League shall immediately notify the City of any objections to the condition of the turf fields. (h) Ensuring the safety of all User Group activities. (i) Locking of batting cages, storage areas, and storage area in Maintenance Yard. (j) Remove temporary fencing, banners, foul poles at the end of the Baseball Season. Page 2 of 7 56 (k) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Additional Costs. Any maintenance or end of season tasks not completed by User Group, including but not limited to violations of Section 3 of this Agreement, the City may hire a Contractor to perform the work and User Group will be invoiced by the City for associated costs. 5. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2011. 6. Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 7. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 8. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of Sections 3(c), 3(d), 3(i), 6 and 7 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. Page 3 of 7 57 In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 9. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 10. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California labor code section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 58 volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. Page 5 of 7 59 12. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 13. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 14. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 15. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 6 of 7 60 Page 7 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: ________________________ a municipal corporation Saratoga Little League Baseball, Inc. By:_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] 61 ‘Exhibit A’ Additional City Maintenance Tasks at Congress Springs Park – For Saratoga Little League Pre-Season Tasks • Field set up; bleachers, backstops, bases, and field layouts. 32 hours • Field cut outs for AAA and Farm fields (similar set up as Major field) with addition of cinder clay and pitcher’s mounds. 40 hours • Renovation of practice mounds, pitchers mounds, and batters boxes on all fields. 24 hours • Scarify, top dressing, leveling of all infield cinder clay for Majors and AA fields. 16 hours Regular Season Tasks • Reseeding of infields 8 hours • Mowing 2 times per week 30 hours • Fertilizing 2 times 12 hours • Field prep and clean up (weekly) 30 hours End of Season Tasks • Field Conversion and field removal. 81 hours • Repair of holes and sod areas 9 hours Total Hours 282 hrs @ $38.00/hr = $10,716 • Administrative Costs: .10 x $10,716 = $1,071 Total Cost Labor: $11,787 Materials - Cinder clay, pitchers mound clay $3,200 - Re-soding of fields +/- $7,000 (amount to be determined at end of season based on wear of turf) Total Material Costs: $10,200 Total Cost Labor + Materials: $21,987 62 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and SARATOGA PONY, is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the Park”), in which City has constructed facilities, including multi-use fields, and parking areas. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement Saratoga Pony shall have the right to use the Pony Field pursuant to this Agreement during the months of January through June (“Baseball Season”). Post Season usage of the turf fields during the month of July for playoffs and tournaments, is allowed, but requires the authorization of the Public Works Director prior scheduling. Each year, Saratoga Pony shall inform City as to (a) the anticipated specific starting and ending dates of its use of the Pony Field and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Saratoga Pony shall be entitled to the joint use of the Pony Field by Saratoga Pony and Saratoga Little League as directed by the Public Works Director. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Clean up of Saratoga Pony related litter and debris on baseball field, dugouts, bleacher areas, playground area, bathrooms and parking lot area after each game or practice and deposit of all garbage in the trash containers and recyclables in recyclable bins. (b) Maintain batter boxes, pitcher mounds, and dugouts after all games and practices. Page 1 of 7 63 (c) Prepare fields for games including dragging and lining of infields. (d) Ensuring the safety of all Saratoga Pony activities including, but not limited to, preventing baseballs from exiting the park onto Highway 85 during Saratoga Pony practice or games. Saratoga Pony shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85 during and Saratoga Pony practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Saratoga Pony member during the Baseball Season, Saratoga Pony’s rights to use of the Park shall terminate for the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball Season. (e) Locking up batting cages, storage areas and storage area in Maintenance Yard. Any shared use areas that are not locked at the end of practice/game will be locked by City Staff and User Group will lose shared usage of the area for the remainder of the Baseball Season and, if the event occurs, in the second half of the Baseball Season for the following Baseball Season. (f) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Saratoga Pony shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Saratoga Pony shall immediately notify the City of any objections to the condition of the turf fields. (g) Ensuring the safety of all User Group activities. (h) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of the baseball season, at which time User Group shall advise the City of any objections to the condition of the field. During the baseball season User Group shall immediately notify the City of any objections to the condition of the field. (i) Remove temporary fencing, banners, foul poles at the end of the Baseball Season. (j) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4 Additional Costs. Any maintenance or end of season tasks not completed by User Group, including but not limited to violations of Section 3 of this Agreement, the City may hire a Contractor to perform the work and User Group will be invoiced by the City for associated costs. 5 Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of Page 2 of 7 64 the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2011. 6 Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 7 Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 8 Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of Sections 3(a), 3(b), 7 and 8 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 9 Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, Page 3 of 7 65 damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 10 Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, boards and commissions, employees or volunteers. Page 4 of 7 66 d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11 Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 12 Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in Page 5 of 7 67 writing one or more City employees to exercise some or all of his authority under this Agreement. 13 Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 14 Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 15 Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 6 of 7 68 Page 7 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: ________________________ a municipal corporation Saratoga Pony By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager ________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] 69 Exhibit “A” Additional City Maintenance Tasks at Congress Springs Park For Saratoga Pony League Pre-Season Tasks • Replacement of cinder clay infield mix 6 hours • Renovation of pitchers mound and practice mounds 4 hours • Scarify, roll, clean up fields, leveling 12 hours • Reseeding of infield turf and topdressing 6 hours Regular Season Tasks • Fertilizing and reseeding of infield turf 4 hours • Mowing 2 times per week 10 hours • Field prep and clean up (weekly) 12 hours • Misc. maintenance tasks (week spraying, edging) 10 hours of grass, spot watering, hole repair End of Season Tasks • Repair of work turf with resoding 18 hours • Aeration of field 3 hours Total Hours: 85 hours @ $38/hr = $3,230 • Administrative Costs .10 x $3,230 = $323 Total Staff Costs: $3,553 Materials - Cinder clay and pitchers mound clay $920 - Sod for infield turf 650 (amount to be determined at end of season) Total Material Costs: $1,570 Total Cost Labor + Materials: $5,123 70 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and De Anza Youth Soccer League (“User Group”), is made with reference to the following facts: A. City is owner of a public park(s), located on Paseo Presda, known as El Quito Park (“the Park”), in which City has constructed facilities including a soccer field. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. User Group shall inform City as to the starting and ending dates of its season or use period (See Usage Schedule “Exhibit B”). Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the season or use period and shall furnish the City with a copy of the practice schedule at least seven (7) days prior to the commencement of the season or use period. User Group shall furnish City with a copy of any changes to the practice schedule that would change the date or time of Park use at least 24 hours prior to the first period of time affected by the change in schedule. User Group shall be entitled to the use of the soccer field the conduct of its scheduled practices. At all other times, the area designated for use shall be open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (b) Ensuring the safety of all User Group activities. (c) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the soccer season, at which time User Group shall advise the City of any objections to the condition of the turf fields. During the soccer season User Group shall immediately notify the City of any objections to the condition of the turf fields. Page 1 of 6 71 (d) Utilize the Westhope Church parking lot off of Saratoga Avenue as the designated parking area for all User Group activities at the park. (e) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2011. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Page 2 of 6 72 Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation and Employers Liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. Page 3 of 6 73 c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All Page 4 of 6 74 correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 5 of 6 75 Page 6 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: ________________________ a municipal corporation De Anza Youth Soccer League By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] 76 EXHIBIT “A” DYSL SOCCER (El Quito Park) TASK: REGULAR SEASON CITY STAFF: • AIRATE (Two times/yr @ 4hrs) 16 HRS • SPIKE AIRATE (10 times/yr @ 4hrs) 40 HRS • ADDITIONAL MOWING(12 times/yr @ 2hrs) 24 HRS • OVERSEED FID 1X DURING SEASON 1 HRS 81 HRS @ $38/hr = $3,078 POST SEASON • CORE AIRATE 4 HRS • FERTILIZE 1 HRS 5 HRS @ $38/hr = $190 $3,268 • ADMINISTRATIVE COSTS .10 X $3,268 = $327 • TOTAL STAFF COSTS PER SEASON $3,595 • FALL/SPRING SEASONS = $3,595 x 2 = $7,190 MATERIALS: • TOP DRESS (Contract Work/Materials) $5,500 FERTILIZE (22-4-4) 20 Bags x $10.50 $210 • SEED (200 Lbs) 200lbs x $1.00 $200 • TOTAL MATERIALS $5,710 TOTAL PER YEAR (HOURS, CONTRACTS, MATERILAS, LABOR) = $12,900 • RESODDING OF GOAL AREAS (IF NEEDED) +/- $2,000 77 smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s8:00 A.M.8:30 A.M.9:00 A.M.9:30 A.M.10:00 A.M.10:30 A.M.11:00 A.M.11:30 A.M.12:00 P.M.12:30 P.M.1:00 P.M.1:30 P.M.2:00 P.M.2:30 P.M.3:00 P.M.3:30 P.M.4:00 P.M.4:30 P.M.5:00 P.M.5:30 P.M.6:00 P.M.6:30 P.M.7:00 P.M.7:30 P.M.8:00 P.M.8:30 P.M.LEGEND: = DYSLNOTE: FIELD IS CLOSED FOR REST AND MAINTENANCE ACTIVITES BEGINNING THE 1ST OF JANUARY TO MID FEBRUARY.DecemberEL QUITO PARK USEAGE - EXHIBIT "B"SeptemberOctoberNovemberMayJuneJulyAugustJanuaryFebruaryMarchApril78 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and Quito Little League (“User Group”), is made with reference to the following facts: A. City is owner of a public park(s), located on Paseo Presda, known as El Quito Park (“the Park”), in which City has constructed facilities including a baseball/softball field. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement Quito Little League shall have the right to use the baseball/softball field pursuant to this Agreement during the months of January through June (“Baseball Season”).User Group shall inform City as to the starting and ending dates of its season or use period. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the season or use period and shall furnish the City with a copy of the practice schedule at least seven (7) days prior to the commencement of the season or use period. User Group shall furnish City with a copy of any changes to the practice schedule that would change the date or time of Park use at least 24 hours prior to the first period of time affected by the change in schedule. User Group shall be entitled to the use of the baseball/softball field during the conduct of its scheduled practices. At all other times, the area designated for use shall be open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (b) Ensuring the safety of all User Group activities. Page 1 of 6 79 (c) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of the baseball season, at which time User Group shall advise the City of any objections to the condition of the field. During the baseball season User Group shall immediately notify the City of any objections to the condition of the field. (d) Utilize the Westhope Church parking lot off of Saratoga Avenue as the designated parking area for all User Group activities at the park. (d) No hard balls or outfield batting practice is allowed. (e) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park (baseball/softball field), User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2011. 5. Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. Page 2 of 6 80 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation and Employers Liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities Page 3 of 6 81 performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is Page 4 of 6 82 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. Page 5 of 6 83 Page 6 of 6 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: ________________________ a municipal corporation Quito Little League By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] 84 Exhibit “A” TASK: PRE-SEASON CITY STAFF • Trim infield edges (258’ sq ft.) 4 hrs • Pre-Season General Prep 3 hrs Including, Batter Box, Pitcher Mound Repair (fill, pack & level) Scarify & roll infield. REGULAR SEASON • Roll infield 3x during season 2 hrs • Clean Decomposed Granite off edges (weekly) 4 hrs TOTAL CITY HRS 13hrs (@t $38.00/hr) $494 • Administrative Costs: .10 x 494 $49 MATERIALS: • Decomposed Granite/Clay Materials & Pitcher Mound & Home Plate Clay $125 TOTAL MATERIALS $125 TOTAL (HOURS, CONTRACTS, LABOR MAT’L) $668 85 SmtWth f S S m tWth f S S m tWth f S S m tWth f S S m tWth f S S m tWth f S S m tWth f S S m tWth f S S m tWth f S S m tWth f S S m tWth f S S m tWth f S8:00 A.M.8:30 A.M.9:00 A.M.9:30 A.M.10:00 A.M.10:30 A.M.11:00 A.M.11:30 A.M.12:00 P.M.12:30 P.M.1:00 P.M.1:30 P.M.2:00 P.M.2:30 P.M.3:00 P.M.3:30 P.M.4:00 P.M.4:30 P.M.5:00 P.M.5:30 P.M.6:00 P.M.6:30 P.M.7:00 P.M.7:30 P.M.8:00 P.M.8:30 P.M.LEGEND: = QUITO LITTLE LEAGUE NOTE: FIELD IS CLOSED FOR REST AND MAINTENANCE ACTIVITES BEGINNING THE 1ST OF JANUARY TO MID FEBRUARY.AugustJanuaryFebruaryMarchAprilDecemberEXHIBIT "B"SeptemberOctoberNovemberMayJuneJuly86 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and DE ANZA YOUTH SOCCER LEAGUE, (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Scully Avenue, known as Kevin Moran Park (“the Park”). B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement DYSL shall have the right to use the turf field (see Exhibit “B” for location) pursuant to this Agreement during the spring and fall soccer seasons. Per Municipal Code Section 11-05.054: (1) The park may be used for practice use only--no games may be played at the Park. (2) No use is allowed on Sundays. (3) All use shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first. (4) No more than three teams may use the park at any one time. (5) No Saturday use of the park unless approved by the Public Works Director in accordance with the Municipal Code Section 11-05.054. Each year, DYSL shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf field (b) the schedule for practices during the Soccer Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season DYSL shall be entitled to shared use of the turf fields for the conduct of its practices. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group. User Group shall be responsible for the following: Page 1 of 6 87 (a) Clean up of litter and debris after each practice and deposit of all garbage in the trash containers. (b) Ensuring the safety of all DYSL activities. (d) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Soccer Season, at which time DYSL shall advise the City of any objections to the condition of the turf fields. During the Soccer Season DYSL shall immediately notify the City of any objections to the condition of the turf fields. (c) Ensuring the safety of all User Group activities. (e) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of each soccer season, at which time User Group shall advise the City of any objections to the condition of the field. (i) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before December 31, 2011. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Page 2 of 6 88 Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: Page 3 of 6 89 1. General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of Page 4 of 6 90 the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 Page 5 of 6 91 Page 6 of 6 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: _______________________________ a municipal corporation De Anza Youth Soccer League By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] 92 Exhibit “A” Additional City Maintenance at Kevin Moran Park - DYSL TASK: HOURS: • AIRATE 20 HRS • OVERSEED FLD 1X DURING SEASON 5 HRS • Spike 5X DURING SEASON 20 HRS POST SEASON • FERTILIZE 4 HRS TOTAL HOURS: 49 HRS @ $38.00/hr = TOTAL LABOR: $1,862 • Administrative Costs: .10 x $1,862 $186 • TOP DRESS $6,000 MATERIALS: • FERTILIZE Nitrex 22-4-4 $1,200 • SEED (400 Lbs) 1700 lbs x $.075 $975 TOTAL MAT’L: $2,175 TOTAL (HOURS, CONTRACTS, LABOR): $10,223 per year Total Cost = $10,223/2 User Groups = $5,111.50 per year DAMAGE OPTION (CHARGE IF EXCESSIVE TURF DAMAGE) • SOD CUT DAMAGED SOD AREAS +/-$2,200 & PREP FOR SOD 93 94 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and AMERICAN YOUTH SOCCER ORGANIZATION, (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Scully Avenue, known as Kevin Moran Park (“the Park”). B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement AYSO shall have the right to use the turf field (see Exhibit “B” for location) pursuant to this Agreement during the spring and fall soccer seasons. Per Municipal Code Section 11-05.054: (1) The park may be used for practice use only--no games may be played at the Park. (2) No use is allowed on Sundays. (3) All use shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first. (4) No more than three teams may use the park at any one time. (5) No Saturday use of the park unless approved by the Public Works Director in accordance with the Municipal Code Section 11-05.054. Each year, AYSO shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf field (b) the schedule for practices during the Soccer Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season AYSO shall be entitled to shared use of the turf fields for the conduct of its practices. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group. User Group shall be responsible for the following: Page 1 of 6 95 (a) Clean up of litter and debris after each practice and deposit of all garbage in the trash containers. (b) Ensuring the safety of all AYSO activities. (c) Ensuring the safety of all User Group activities. (d) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of each soccer season, at which time User Group shall advise the City of any objections to the condition of the field. (e) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before December 31, 2011. 5. Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. Page 2 of 6 96 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. Page 3 of 6 97 a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Page 4 of 6 98 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional Page 5 of 6 99 Page 6 of 6 branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: _______________________________ a municipal corporation American Youth Soccer Organization By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] 100 Exhibit “A” Additional City Maintenance at Kevin Moran Park - AYSO TASK: HOURS: • AIRATE 20 HRS • OVERSEED FLD 1X DURING SEASON 5 HRS • Spike 5X DURING SEASON 20 HRS POST SEASON • FERTILIZE 4 HRS TOTAL HOURS: 49 HRS @ $38.00/hr = TOTAL LABOR: $1,862 • Administrative Costs: .10 x $1,862 $186 • TOP DRESS $6,000 MATERIALS: • FERTILIZE Nitrex 22-4-4 $1,200 • SEED (400 Lbs) 1700 lbs x $.075 $975 TOTAL MAT’L: $2,175 TOTAL (HOURS, CONTRACTS, LABOR): $10,223 per year Total Cost = $10,223/2 User Groups = $5,111.50 per year DAMAGE OPTION (CHARGE IF EXCESSIVE TURF DAMAGE) • SOD CUT DAMAGED SOD AREAS +/-$2,200 & PREP FOR SOD 101 102 Page 1 of 7 AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and between the CITY OF SARATOGA, a municipal corporation (“City”), and AMERICAN YOUTH SOCCER ORGANIZATION, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the turf fields and parking areas shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School’s turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. 103 Page 2 of 7 2. Responsibilities of User Group. User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e) Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f) Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the High School’s turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such 104 Page 3 of 7 service charge shall be due and payable on or before December 31 for the fall soccer season and on or before July 1 for the spring soccer season. 5. Play Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: 1st Penalty during season: No use of High School for up to one week. 2nd Penalty during season: No use of High School for up to one month. 3rd Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use High School until such time as payment is made. 7. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. 105 Page 4 of 7 8. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and 106 Page 5 of 7 volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 9. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10. Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. 107 Page 6 of 7 11. Notices. All notices or communication concerning a Party’s compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DATED: ___________________ CITY OF SARATOGA, a municipal corporation By: _________________________________ Dave Anderson, City Manager DATED: ___________________ AMERICAN YOUTH SOCCER ORGANIZATION By: ________________________________ 108 Page 7 of 7 DATED: ___________________ APPROVED AS TO FORM: _____________________________________ 109 smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s8:00 A.M. 8:30 A.M. 9:00 A.M. 9:30 A.M. 10:00 A.M. 10:30 A.M. 11:00 A.M. 11:30 A.M. 12:00 P.M. 12:30 P.M. 1:00 P.M. 1:30 P.M. 2:00 P.M. 2:30 P.M. 3:00 P.M. 3:30 P.M. 4:00 P.M. 4:30 P.M. 5:00 P.M. 5:30 P.M.6:00 P.M.6:30 P.M.7:00 P.M.7:30 P.M.8:00 P.M.8:30 P.M.LEGEND: = CITY USE = PROSPECT HIGH SCHOOL USE NOTE: SCHEDULED USE OF PROSPECT HIGH SCHOOL FACILITIES FOR ADDITIONAL GAMES OR PRACTICES NOT SHOWN ABOVE SHALL BE DETERMINED CASE BY CASE BASED ON AVAILABILITY.AugustJanuaryFebruaryMarchAprilDecemberPROSPECT HIGH SCHOOL USEAGE MATRIXSeptemberOctoberNovemberMayJuneJuly111 Attachment “C” Service Charge for Use of Prospect High School Turf Fields AYSO The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. • Base Cost: hours scheduled @ $35.00/hour = $TBD • City Labor Costs: 10 hrs @ $38.00 x (hours scheduled) = $TBD (total hours) • Administrative Costs: .10 x City Labor Costs = $TBD • Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD Total Cost = $TBD 112 Page 1 of 7 AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and between the CITY OF SARATOGA, a municipal corporation (“City”), and DE ANZA YOUTH SOCCER LEAGUE, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the turf fields and parking areas shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School’s turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. 113 Page 2 of 7 2. Responsibilities of User Group. User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e) Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f) Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the High School’s turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such 114 Page 3 of 7 service charge shall be due and payable on or before December 31 for the fall soccer season and on or before July 1 for the spring soccer season. 5. Play Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: 1st Penalty during season: No use of High School for up to one week. 2nd Penalty during season: No use of High School for up to one month. 3rd Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use High School until such time as payment is made. 7. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. 115 Page 4 of 7 8. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and 116 Page 5 of 7 volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 9. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10. Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. 117 Page 6 of 7 11. Notices. All notices or communication concerning a Party’s compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DATED: ___________________ CITY OF SARATOGA, a municipal corporation By: _________________________________ Dave Anderson, City Manager DATED: ___________________ DE ANZA YOUTH SOCCER LEAGUE By: ________________________________ APPROVED AS TO FORM: 118 Page 7 of 7 DATED: ___________________ _____________________________________ 119 smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s8:00 A.M. 8:30 A.M. 9:00 A.M. 9:30 A.M. 10:00 A.M. 10:30 A.M. 11:00 A.M. 11:30 A.M. 12:00 P.M. 12:30 P.M. 1:00 P.M. 1:30 P.M. 2:00 P.M. 2:30 P.M. 3:00 P.M. 3:30 P.M. 4:00 P.M. 4:30 P.M. 5:00 P.M. 5:30 P.M.6:00 P.M.6:30 P.M.7:00 P.M.7:30 P.M.8:00 P.M.8:30 P.M.LEGEND: = CITY USE = PROSPECT HIGH SCHOOL USE NOTE: SCHEDULED USE OF PROSPECT HIGH SCHOOL FACILITIES FOR ADDITIONAL GAMES OR PRACTICES NOT SHOWN ABOVE SHALL BE DETERMINED CASE BY CASE BASED ON AVAILABILITY.AugustJanuaryFebruaryMarchAprilDecemberPROSPECT HIGH SCHOOL USEAGE MATRIXSeptemberOctoberNovemberMayJuneJuly121 Attachment “C” Service Charge for Use of Prospect High School Turf Fields DYSL The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. • Base Cost: hours scheduled @ $35.00/hour = $TBD • City Labor Costs: 10 hrs @ $38.00 x (hours scheduled) = $TBD (total hours) • Administrative Costs: .10 x City Labor Costs = $TBD • Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD Total Cost = $TBD 122 Page 1 of 7 AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and between the CITY OF SARATOGA, a municipal corporation (“City”), and WEST VALLEY LACROSSE CLUB, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the turf fields and parking areas shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School’s turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. 123 Page 2 of 7 2. Responsibilities of User Group. User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e) Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f) Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the High School’s turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such 124 Page 3 of 7 service charge shall be due and payable on or before December 31 for the fall soccer season and on or before July 1 for the spring soccer season. 5. Play Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: 1st Penalty during season: No use of High School for up to one week. 2nd Penalty during season: No use of High School for up to one month. 3rd Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use High School until such time as payment is made. 7. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. 125 Page 4 of 7 8. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and 126 Page 5 of 7 volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 9. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10. Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. 127 Page 6 of 7 11. Notices. All notices or communication concerning a Party’s compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DATED: ___________________ CITY OF SARATOGA, a municipal corporation By: _________________________________ Dave Anderson, City Manager DATED: ___________________ WEST VALLEY LACROSSE CLUB By: ________________________________ APPROVED AS TO FORM: 128 Page 7 of 7 DATED: ___________________ _____________________________________ 129 smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s8:00 A.M. 8:30 A.M. 9:00 A.M. 9:30 A.M. 10:00 A.M. 10:30 A.M. 11:00 A.M. 11:30 A.M. 12:00 P.M. 12:30 P.M. 1:00 P.M. 1:30 P.M. 2:00 P.M. 2:30 P.M. 3:00 P.M. 3:30 P.M. 4:00 P.M. 4:30 P.M. 5:00 P.M. 5:30 P.M.6:00 P.M.6:30 P.M.7:00 P.M.7:30 P.M.8:00 P.M.8:30 P.M.LEGEND: = CITY USE = PROSPECT HIGH SCHOOL USE NOTE: SCHEDULED USE OF PROSPECT HIGH SCHOOL FACILITIES FOR ADDITIONAL GAMES OR PRACTICES NOT SHOWN ABOVE SHALL BE DETERMINED CASE BY CASE BASED ON AVAILABILITY.AugustJanuaryFebruaryMarchAprilDecemberPROSPECT HIGH SCHOOL USEAGE MATRIXSeptemberOctoberNovemberMayJuneJuly131 Attachment “C” Service Charge for Use of Prospect High School Turf Fields WVLC The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. • Base Cost: hours scheduled @ $35.00/hour = $TBD • City Labor Costs: 10 hrs @ $38.00 x (hours scheduled) = $TBD (total hours) • Administrative Costs: .10 x City Labor Costs = $TBD • Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD Total Cost = $TBD 132 Page 1 of 7 AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and between the CITY OF SARATOGA, a municipal corporation (“City”), and WEST VALLEY YOUTH SOCCER LEAGUE, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the turf fields and parking areas shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School’s turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. 133 Page 2 of 7 2. Responsibilities of User Group. User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e) Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f) Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the High School’s turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such 134 Page 3 of 7 service charge shall be due and payable on or before December 31 for the fall soccer season and on or before July 1 for the spring soccer season. 5. Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: 1st Penalty during season: No use of High School for up to one week. 2nd Penalty during season: No use of High School for up to one month. 3rd Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use High School until such time as payment is made. 7. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. 135 Page 4 of 7 8. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and 136 Page 5 of 7 volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 9. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10. Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. 137 Page 6 of 7 11. Notices. All notices or communication concerning a Party’s compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DATED: ___________________ CITY OF SARATOGA, a municipal corporation By: _________________________________ Dave Anderson, City Manager DATED: ___________________ WEST VALLEY YOUTH SOCCER LEAGUE By: ________________________________ APPROVED AS TO FORM: 138 Page 7 of 7 DATED: ___________________ _____________________________________ 139 smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s smtwthf s8:00 A.M. 8:30 A.M. 9:00 A.M. 9:30 A.M. 10:00 A.M. 10:30 A.M. 11:00 A.M. 11:30 A.M. 12:00 P.M. 12:30 P.M. 1:00 P.M. 1:30 P.M. 2:00 P.M. 2:30 P.M. 3:00 P.M. 3:30 P.M. 4:00 P.M. 4:30 P.M. 5:00 P.M. 5:30 P.M.6:00 P.M.6:30 P.M.7:00 P.M.7:30 P.M.8:00 P.M.8:30 P.M.LEGEND: = CITY USE = PROSPECT HIGH SCHOOL USE NOTE: SCHEDULED USE OF PROSPECT HIGH SCHOOL FACILITIES FOR ADDITIONAL GAMES OR PRACTICES NOT SHOWN ABOVE SHALL BE DETERMINED CASE BY CASE BASED ON AVAILABILITY.AugustJanuaryFebruaryMarchAprilDecemberPROSPECT HIGH SCHOOL USEAGE MATRIXSeptemberOctoberNovemberMayJuneJuly141 Attachment “C” Service Charge for Use of Prospect High School Turf Fields WVYSL The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. • Base Cost: hours scheduled @ $35.00/hour = $TBD • City Labor Costs: 10 hrs @ $38.00 x (hours scheduled) = $TBD (total hours) • Administrative Costs: .10 x City Labor Costs = $TBD • Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD Total Cost = $TBD 142 AGREEMENT CONCERNING USE OF WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated , , by and between the CITY OF SARATOGA, a municipal corporation (“City”), and De ANZA YOUTH SOCCER LEAGUE, (“User Group”), is made with reference to the following facts: A. The West Valley-Mission Community College District (“District”) is the owner of an educational facility, located on Fruitvale Avenue, known as West Valley College (“the College”), in which the District has constructed facilities, including playing fields that are the subject of this agreement and shown on Exhibit “A”. B. On September 6, 2006, City entered into an agreement with District over the joint use of the College premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the College’s playing fields (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the playing fields by private user groups, such as User Group. C. City now desires to grant User Group the right to use the College’s playing fields, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the College’s playing fields. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the playing fields shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the College’s playing fields and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the playing fields during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “West Valley College”, “West Valley-Mission Community College District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 6 143 2. Responsibilities of User Group. User Group may use the College’s playing fields in accordance to the limits established in the attached Joint Use Agreement and College rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the playing fields or parking areas and depositing of all garbage in District trash containers located at the playing fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in a pre-season inspection of the playing fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the playing fields (e) Notifying City immediately of any objections to the condition of the turf field encountered during the spring and fall Seasons. (f) Prohibiting sale of food or liquids of any kind on College grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the playing fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the College’s playing fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such service charge shall be due and payable on or before December 31 for the fall soccer season and on or before July 1 for the spring soccer season. 5. Playing Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the fields as determined by the Page 2 of 6 144 Public Works Director and/or his (her) City employee designee to ensure the long term health of the fields. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the College by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: 1st Penalty during season: No use of College for up to one week. 2nd Penalty during season: No use of College for up to one month. 3rd Penalty during season: No use of College for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the College due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use College until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the College by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to College (including any facilities therein) directly or indirectly resulting from User Group’s use of the College play fields. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the College play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. Page 3 of 6 145 (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Page 4 of 6 146 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the College play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. 12. Notices. All notices or communication concerning a Party’s compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or Page 5 of 6 147 Page 6 of 6 the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: _________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DATED: ___________________ CITY OF SARATOGA, a municipal corporation By: _________________________________ Dave Anderson, City Manager DATED: ___________________ De ANZA YOUTH SOCCER LEAGUE By: ________________________________ DATED: ___________________ APPROVED AS TO FORM: _____________________________________ 148 149 150 151 152 153 154 155 156 smtwthefs smtwthfs smtwthfs smtwthfs smtwthfs smtwthfs smtwthfs smtwthfs smtwthfs smtwthfs smtwthfs smtwthfs8:00 A.M. 8:30 A.M.9:00 A.M.9:30 A.M.10:00 A.M.10:30 A.M.11:00 A.M.11:30 A.M.12:00 P.M.12:30 P.M.1:00 P.M.1:30 P.M.2:00 P.M.2:30 P.M.3:00 P.M.3:30 P.M.4:00 P.M.4:30 P.M.5:00 P.M.5:30 P.M.6:00 P.M.6:30 P.M.7:00 P.M.7:30 P.M.8:00 P.M.8:30 P.M.LEGEND: = CITY USE = COLLEGE USE NOTE: SCHEDULED USE OF COLLEGE PLAY FIELDS FOR ADDITIONAL GAMES OR PRACTICES NOT SHOWN ABOVE SHALL BE DETERMINED CASE BY CASE BASED ON AVAILABILITY. WEST VALLEY COLLEGE CAN CHOOSE UP TO THREE SUNDAYS DURING THE COLLEGIATE SOCCER SEASON FOR THEIR USE SeptemberOctoberNovemberMayJuneJulyAttachment BAugustJanuaryFebruaryMarchAprilDecemberWEST VALLEY COLLEGE USAGE MATRIX158 Attachment “C” Service Charge for Use of West Valley College Grass Fields DYSL The rental service charge by West Valley College is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. • Base Cost: hours scheduled @ $35.00/hour = $TBD • City Labor Costs: 25 hrs @ $38.00 x (hours scheduled) = $TBD (total hours) • Administrative Costs: .10 x (City Labor Costs) = $TBD • Materials and Contract Labor: Top Dressing: $6,000 Crabgrass Spray: 4,000 Broadleaf Spray: 1,600 Fertilizer: 2,500 De-Thatching Bin: 500 Sod (Goal Area): 2,400 Total Yearly Maintenance Cost = $17,000 City Cost = $17,000 x 17% = $2,890 Per Season Cost = $2,890/2 = $1,445 User Cost = $1,445 x (hours scheduled) = $TBD (total hours) • Restroom Rental Costs: 6 months @ $160/month x (hours scheduled) = (total hours) Total Field Rental Cost = $TBD 159 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: January 5, 2011 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Kristin Borel DIRECTOR: John Cherbone Public Works Analyst SUBJECT: Motor Vehicle (MV) Resolution Restricting Parking Forrest Hills Drive RECOMMENDED ACTION: Move to adopt MV Resolution restricting parking on Forrest Hills Drive. REPORT SUMMARY: The City was contacted by parents from Saratoga Elementary concerned with pedestrian safety for children walking to school via Aloha Avenue to Forrest Hills Drive. The school has a back entrance to the property on Forrest Hills which get congested with pedestrians and cars traveling on this cul-de-sac. The main concern was at the back gate where the ramp and curb area exits directly onto Forrest Hills Drive. Cars parking here for pick up and drop off block the sight of children entering and exiting the school grounds. The roadway is congested with cars parked along both sides of the street and a clear area is needed as children exit/enter the school grounds and enter/exit the roadway. The Traffic Safety Commission and Traffic Engineer reviewed this request at their November 4, 2010 meeting and determined that a No Parking or Stopping restriction for twenty feet on both sides of the ramp would enhance pedestrian safety along this corridor. In order to enforce the new No Parking restriction, it is necessary that the attached Motor Vehicle Resolution be adopted by City Council. FISCAL IMPACTS: Approximately $250 in labor and materials is required for the City to post the sign. These improvements are paid through the CIP which has a fund devoted to Traffic Safety. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The MV Resolution would not be adopted and traffic conditions would continue as is. 160 Page 2 of 2 ALTERNATIVE ACTION (S): None in addition to the above. FOLLOW UP ACTION(S): The sign will be installed and the Sheriff’s Department will be notified of the new restriction. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us ATTACHMENTS: 1. Memo from Fehr & Peers 2. Map 3. MV Resolution 161 ! ! ! "#$ % & "’ ( MEMORANDUM Date: December 20, 2010 To: John Cherbone, Public Works Director, City of Saratoga From: Franziska Church/Sohrab Rashid Subject: Review of On-Street Parking on Forrest Hills Drive, Saratoga, California 1025-446-1 Fehr & Peers has completed an evaluation of traffic concerns on Forrest Hills Drive near Saratoga Elementary School in Saratoga, California. A resident brought this item to the attention of the Saratoga Traffic Safety Commission (TSC) at the November 4, 2010 meeting. After review of the item and input from Fehr & Peers, the TSC recommended prohibiting parking at the emergency vehicle access driveway from Forrest Hills Drive to Saratoga Elementary School. This memorandum addresses traffic and parking concerns on Forrest Hills Drive during the school’s peak periods and our recommendation for parking restriction on Forrest Hills Drive. Forrest Hills Drive is a short (500-foot), two-lane cul-de-sac street located southwest of the Saratoga Los Gatos Road (SR 9)/Aloha Avenue intersection. Forrest Hills Drive provides access to residential properties and the Saratoga Union School District offices. About 320 feet north of the Forrest Hills Drive/Aloha Avenue intersection is the emergency vehicles access driveway that leads to the back side of Saratoga Elementary School. This driveway is used as an alternative school pedestrian and bicycle entrance/exit and as a drop-off/pick-up location by students and parents. During the school’s peak drop-off and pick-up periods, Forrest Hills Drive is used in both directions by parents traveling to and from the school. Forrest Hills Drive is approximately 26 feet wide and does not have sidewalks or bike lanes on either side of the roadway. Currently, no parking restrictions exist on Forrest Hills Drive. During the peak drop-off and pick-up periods at the school, parents park on both sides of Forrest Hills Drive, including immediately adjacent to and in front of the emergency vehicle access driveway. Students who use the emergency vehicle access driveway need to walk through and around the parked vehicles to access Forrest Hills Drive and travel towards Aloha Avenue. Due to the congestion around the driveway, the visibility of students by drivers is blocked by the parked vehicles. To improve visibility of students walking and bicycling at the emergency vehicle access driveway, we recommend that a time-limited “No Stopping” restriction be implemented for 20 feet east and west of the emergency vehicle access driveway and across the driveway itself. No Stopping would be enforced during school hours (7:00 a.m. to 3:30 p.m.) on weekdays school is in session Stopping and parking on either side of the driveway would be permitted at all other times. 162 Forrest Hills Drive Aloha AvenueSaratoga Elementary Forrest Hills Drive Parking Restriction N010020030040050 Feet No Parking or Stopping 8:00 am - 4:00 pm Monday - Friday When school is in session 163 RESOLUTION NO. MV- ______ RESOLUTION IMPLEMENTING A NO PARKING OR STOPPING RESTRICTION ON FORREST HILLS DRIVE The City Council of the City of Saratoga hereby resolves as follows: I. Based upon an engineering and traffic study, the following parking restrictions shall be designated on Forrest Hills Drive in the location specified below: NAME OF STREET LOCATION RESTRICTION Forrest Hills Drive Starting 280 (two hundred and eighty) feet from the southwest corner of Forrest Hills Drive where it intersects with Aloha Avenue and traveling west for 58 (fifty eight) feet. No Parking or Stopping 8:00 A.M. – 4:00 P.M, Monday-Friday, When school is in session II. All prior resolutions and other enactments imposing a parking restriction at the location specified above are hereby repealed to the extent of their inconsistency with the restriction specified above. III. This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 5th day of January, 2011, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Howard Miller, Mayor ATTEST: ____________________________ Ann Sullivan, City Clerk 164 SARATOGA CITY COUNCIL MEETING DATE: January 5, 2011 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary Furey SUBJECT: Treasurer’s Report for the Month Ended November 30, 2010 RECOMMENDED ACTION Review and accept the Treasurer’s Report for the month ended November 30, 2010. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial transaction data for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of November 30, 2010, the City had $655,289 in cash deposit at Comerica bank, and $10,743,706 on deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of November 30, 2010 is $11,398,995 and exceeds the minimum limit required. Unrestricted Cash Comerica Bank 655,289$ Deposit with LAIF 10,743,706$ Total Unrestricted Cash 11,398,995$ Cash Summary 165 The Fund Balance schedule presented on the following page represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Change in Total Fund Balances by Fund B – Change in Total Fund Balances by CIP Project C – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates Total Unrestricted Cash 11,398,995$ Plus: Assets 270,977 Less: Liabilities (984,135) Ending Fund Balance 10,685,837$ Adjusting Cash to Ending Fund Balance 166 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE Fund Description Fund Balance 7/1/10 Increase/ (Decrease) Jul-Oct Current Revenue Current Expenditure Transfers Fund Balance 11/30/10 General Undesignated Unreserved Balance 1,284,366 (3,423,067) 886,536 99,667 - (1,023,232) Reserved Fund Balance: Petty Cash Reserve 1,300 - - - - 1,300 Designated Fund Balances: Designated for Operations 2,889,077 - - - 106,000 2,995,077 Designated Economic Uncertainty 1,500,000 - - - - 1,500,000 Designated for Development 632,380 (210,000) - - - 422,380 Designated for Environmental 563,182 (50,000) - - - 513,182 Designated for Uncollected Deposits 44,791 - - - - 44,791 Designated for Hillside Reserve 300,000 - - - (50,000) 250,000 Designated for Capital Project Reserve 126,983 - (126,983) - Designated for CIP Matching Grant 600,000 - - - (600,000) - Designated for Carryforward 68,600 (68,600) - - - - Special Revenue Landscape/Lighting Districts 440,391 (132,694) 16,762 12,584 - 311,875 CDBG Federal Grants (9,621) - - - - (9,621) SHARP Loan 210,034 179 - - - 210,213 Capital Project Street Projects 2,169,661 (50,807) (197,079) (58,479) 326,983 2,307,236 Park and Trail Projects 653,881 81,776 (170,000) 2,454 150,000 713,203 Facility Improvement Projects 525,256 182,193 (335,041) 13,913 400,000 758,495 Administrative Projects 224,773 (34,943) - 882 - 188,948 Tree Fine Fund 16,985 (3,150) - - 25,000 38,835 CIP Grant Fund - Street Repair (118,073) (389,845) - 274,066 - (781,983) CIP Grant Fund - Park & Trail (46,013) (104,040) - 3,425 - (153,478) Gas Tax Fund 279,470 (33,243) 124,733 (106,000) (106,000) 370,961 Debt Service Library Bond 892,593 (681,150) - - - 211,443 Internal Service Fund Liability/Risk Management 244,562 (200,158) 625 (42,474) (50,000) 37,503 Workers Compensation 198,592 (6,011) - (23,601) (25,000) 191,182 Office Stores Fund 26,830 2,974 695 2,933 - 27,566 Information Technology Services 213,940 60,657 - 9,739 - 264,858 Equipment Maintenance 54,258 34,600 - 10,066 - 78,792 Building Maintenance 202,570 132,154 - 34,741 - 299,983 Equipment Replacement 236,229 25,000 - (25,000) (25,000) 261,229 Technology Replacement 186,686 (8,808) - (25,000) (25,000) 177,877 Trust/Agency Library Fund 351,360 532 - - - 351,891 KSAR - Community Access TV 109,842 11,907 3,583 - - 125,332 Total City 15,074,884 (4,864,543) 330,813 183,915 - 10,685,837 167 ATTACHMENT B FUND BALANCES BY CIP PROJECT CIP Funds/Projects Fund Balance 7/1/10 Increase/ (Decrease) Jul-Oct Current Revenue Current Expenditure Transfers Fund Balance 11/30/10 Street Projects Traffic Safety 168,497 (7,765) - - 160,733 Highway 9 Safety Project 50,008 (2,444) 63,387 1,036 109,914 Annual Street Resurfacing Project 529,434 (174,163) 29,350 (61,590) (65,000) 381,211 Sidewalks Annual Project 87,092 - - - 87,092 Saratoga Sunnyvale Road Resurfacing 99,011 65,000 (130,000) - 65,000 99,011 Traffic Signal @ Verde Vista Lane 90,000 - - - 90,000 Fourth Street Bridge 100,000 - - - 100,000 Quito Road Bridge Replacement Design 9,730 - - - 9,730 Quito Road Bridge Construction 214,470 - - - 214,470 Village Façade Program 978 - - - 978 Solar Power Radar Feedback Signs 24,158 - - - 24,158 El Quito Area Curb Replacement 37,553 - - - 37,553 Sobey Road Culvert Repair 50,000 - - 31,994 18,006 Annual Storm Drain Upgrade 53,883 (3,760) - - 50,122 Village Trees & Lights at Sidestreets 25,336 (25,336) - - - Prospect Road Median 51,663 (972) - - (50,000) 691 City Entrance Sign/Monument 23,788 (18,788) - (18,788) (5,000) 18,788 Padero Erosion Mitigation - - - - 50,000 50,000 Monte Vista Storm Drain - 71,130 (75,000) - 75,000 71,130 Canyon View/Elva Drain - 50,000 (50,000) - 35,000 35,000 Village-Streetscape Impv 549,952 9,098 (34,817) (12,257) 221,983 758,473 Saratoga-Sunnyvale/Gateway Sidewalk 4,107 (12,806) - 1,125 (9,824) Total Street Projects 2,169,661 (50,807) (197,079) (58,479) 326,983 2,307,236 Parks & Trails Hakone Garden Koi Pond 15,600 - - - 15,600 EL Quito Park Improvements 27,571 - - - 27,571 Historical Park Landscape 50,588 (48,947) - - 1,641 Hakone Garden Retaining Wall & D/W 142,829 - - - 142,829 Hakone Garden Upper Moon House 125,000 - - - 125,000 Saratoga Village Creek - 20,000 (20,000) - - - West Valley Soccer Field (8,201) - - - (8,201) Park/Trail Repairs 23,762 - - - 23,762 Playground Safety Equipment - 50,000 (50,000) - 50,000 50,000 Blaney Plaza Improvements - 10,723 (25,000) 2,454 25,000 8,269 Ravenswood Playground Improvement - 75,000 (75,000) - 75,000 75,000 Tank Trail Repair 26,731 (25,000) - - 1,731 Mid Pen O/S Land Purchase 250,000 - - - 250,000 Total Parks & Trails 653,881 81,776 (170,000) 2,454 150,000 713,203 Facility Improvements Facility Projects 81,070 156,898 (160,020) - 160,000 237,948 Civic Center Improvement 20 (20) - (20) - 20 Theater Improvement 71,472 3,762 - 223 75,011 Senior Center Minor Building Improvement 1,050 (1,050) - - - Senior Center Furniture & Fixture - (9,147) - 4,131 (13,278) Portable Building Gutters 2,460 (2,460) - - - North Campus Improvements 3,920 163,674 (175,000) 9,579 175,000 158,015 HVAC System Upgrade 117,949 (117,016) - - 932 Corp Yard Solar Project 93,250 - - - 93,250 Vehicle Structure Solar 125,000 - - - 125,000 Library Improvement 15,000 (3,158) - - 11,842 SPCC Furniture & Fixture 4,065 (3,746) - - 318 Electric Charging Station - - - - 65,000 65,000 McWilliams House Improvement 10,000 (5,565) - - 4,435 Total Facility Improvements 525,256 182,173 (335,020) 13,913 400,000 758,495 Administrative Projects Financial System Upgrade 3,534 - - - 3,534 Document Imaging Project 85,183 - - - 85,183 CDD Document Imaging Project 31,989 - - - 31,989 CMO Document Imaging Project 8,887 (354) - - 8,533 Telecommunication System 55,000 (34,589) - 882 19,529 IT Emergency Power Back 40,180 - - - 40,180 Total Administrative Projects 224,773 (34,943) - 882 - 188,948 Tree Fine Fund Tree Fine Fund 16,985 (3,150) - - 25,000 38,835 CIP Fund - Street Repair CIP Grant Fund (118,073) (389,845) - 274,066 (781,983) CIP Fund - Park & Trail CIP Grant Fund (46,013) (104,040) - 3,425 (153,478) Gas Fund Gas Tax Fund 279,470 (33,243) 124,733 (106,000) (106,000) 370,961 Total CIP Funds 3,687,624 (352,079) (577,367) 130,261 795,983 3,442,217 168 ATTACHMENT C 169 SARATOGA CITY COUNCIL MEETING DATE: January 5, 2011 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Financial Advisor Services for refunding the City’s 2001 Series General Obligation Bond RECOMMENDED ACTION: Review report and authorize the City Manager to enter into an agreement for professional financial advisor services between the City and Public Financial Management, LLC (PFM), for the refunding of the City’s 2001 Series General Obligation Bond. REPORT SUMMARY: On March 7, 2000, Measure N was approved by the voters of Saratoga to finance the improvement, renovation and expansion of the Saratoga Community Library through the use of General Obligation (GO) Bonds. GO Bonds are tax-exempt debt obligations, secured by the City’s power and statutory authority to levy ad valorem taxes on real and personal property located within city boundaries at any rate necessary to collect and pay for principal and interest due. In 2001, the City of Saratoga issued $15,000,000 of voter-approved General Obligation (GO) Bonds. The bonds were issued at competitive interest rates at the time; however, with historic lows currently in place, and with the City’s bonds rated very high (Aaa/AAA by Moody’s and S&P), savings could be maximized. Under the current conditions, a bond refunding is expected to save Saratoga taxpayers between $1 and $2 million over the next twenty years. On August 1, 2010, the bonds became subject to redemption. Under the bond’s redemption terms, the bonds redemption price includes a 1% premium in addition to the principal and interest accrued to the date of redemption from August 1, 2010 through July 31, 2011. As of August 1, 2011, the 1% premium is eliminated. However, with the low rates in place currently, it may still be more financially advantageous to issue a refunding as soon as feasible, without delaying to August 1, 2011. To this end, staff requested the City obtain bond financing experts for both the timing determination and services required to proceed with bond refunding activities. A Financial Advisor Services ‘Request for Proposals’ (RFP) was issued on October 25, 2010. The selected Finance Advisor will provide professional services and advice related to proceeding with the structuring and implementing of the bond refunding, acting as the project lead, and supporting the City’s financial staff and associated financial consultants in completing the refunding transaction. Seven Financial Advisor consulting firms submitted extensive proposals, which were reviewed by staff and the Council’s Finance Committee. The firms were evaluated on qualifications detailed in their proposal, including: 170 • Proposal approach and understanding of the City’s refunding needs • Quality and completeness of the proposal • Qualifications of the firm and project staff • Project lead’s experience with refunding General Obligation Bonds • Cost of proposed services and expenses All of the submitting firms were highly qualified with expert professional staff, requiring several evaluations of the proposals to come to a decision. The selected firm, Public Financial Management Inc. (PFM), was ultimately selected based on: the Project Manager’s extensive level of experience in General Obligation Bond refunding; clarity that PFM will act as the lead in the refunding activities with City staff in the support role; that the firm has a large public finance presence with comprehensive services, including a core service of advising on bond financings; the consultant price was very competitive with a cap on expenses; and the firm’s San Francisco office was more local to Saratoga than the other highest- ranked proposals. FISCAL IMPACTS: The GO Bond does not impact the General Fund. All GO Bond activities (i.e. property tax levy revenues and principal and interest payments) are accounted for separately in a Debt Service Fund which the City maintains specifically for administering this debt transaction. In addition, the fees and expenses associated with the cost of refunding the bond are 1) contingent upon the issuance of the bond, and 2) paid directly out of the bond issuance funding. For financial advisory services in connection with the City’s refunding transactions, PFM proposed a flat fee of $30,000 which is contingent upon the successful issuance of the bonds. In addition, they are to be reimbursed for expenses for travel, postage, telephone, copying, meals, outside graphic fees, etc. related to the bond issuance, up to a cap of $1,500. PFM does not charge for normal secretarial support, word processing, or computer charges. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The GO Bonds would not be refunded, and City taxpayers would not realize a savings resulting from the decrease in interest rates paid out on the bonds. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Manager to enter into agreement with PFM. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Financial Advisor Consultant Agreement 171 City of Saratoga Page 1 of 19 Standard Consultant Contract CITY OF SARATOGA INDEPENDENT CONSULTANT AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Public Financial Management Inc. (PFM), ("Consultant"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified Consultant to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Consultant is duly qualified to provide the required work product; and WHEREAS, Consultant is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the work product described in Exhibit A ("Scope of Work"). Consultant is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM The term of this Agreement commences on January 6, 2011 and extends through December 31, 2011 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT City shall pay Consultant for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Consultant in connection with Consultant’s completion of the Scope of Work pursuant to this Agreement. Consultant shall submit all billings to City in the manner specified in Exhibit B; or, if no 172 City of Saratoga Page 2 of 19 Standard Consultant Contract manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Consultant shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Consultant agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by Mary Furey, the City’s Finance and Administrative Services Director ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Consultant concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to 173 City of Saratoga Page 3 of 19 Standard Consultant Contract the Parties at the addresses set forth below until specified otherwise in writing: Notices to Consultant shall be sent to: Attn: Sarah Hollenbeck The PFM Group 50 California Street Suite 2300 San Francisco, CA 94111 Notices to City shall be sent to: Mary Furey, Finance & Administrative Services Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Consultant's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. -The remainder of this page is intentionally blank- 174 City of Saratoga Page 4 of 19 Standard Consultant Contract IN WITNESS WHEREOF, the parties hereto have executed this Agreement. City of Saratoga Contractor By: _________________________ Dave Anderson, City Manager Date: ________________________ By: _________________________ [Insert Name], [Insert title] Date: ________________________ Attest: __________________________ Ann Sullivan, City Clerk Date: ________________________ Approved as to Form: __________________________ Richard Taylor, City Attorney Date: ________________________ Attachments Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements 175 City of Saratoga Page 5 of 19 Standard Consultant Contract EXHIBIT A SCOPE OF WORK On request of the Finance & Administrative Services Director or her designee, Consultant will perform the following Financial Advisor services on behalf of the City in the interest of refunding the City of Saratoga’s 2001 General Obligation Bond, but not be limited to the following particulars: 1. PFM will make available for consultation and conference with the City, at times and places mutually agreed upon, such personnel of PFM as are qualified to advise on all matters relating to the Bonds and any other financial advisory services within the scope of its Agreement with the City. 2. At the City’s request, PFM will attend working group meetings of those involved in the Bonds and such other meetings at the request of the City. PFM will also attend meetings of the City Council, as well as meetings with rating agencies, bond insurers, and investors, and such other meetings as the City may determine necessary or appropriate. 3. PFM will advise the City regarding the structure of the Bonds, the terms of the Bonds, timing of the sale of the Bonds, the par amount to be offered, the maturity schedule of the Bonds, call features if deemed appropriate, maintenance of reserves or funded interest and similar technical matters, and any other matters which may assist the City in obtaining the lowest practical interest costs and the widest competition for the purchase of the Bonds. 4. PFM will monitor and will provide regular updates to the City with respect to the state of the municipal market, including the current interest rate environment and trends, the supply of municipal bonds, and the pricing performance of financings comparable to the Bonds. PFM will review all documents distributed to them by the City for completeness and compliance with customary bond practices. Furthermore, PFM will cooperate with Bond Counsel and Disclosure Counsel to the City in determining any financial specifications as may be required in the legal documents relating to the issuance and sale of the Bonds. 5. At times reasonably in advance of the proposed sale of the Bonds, PFM will advise the City concerning advertising, information to prospective bidders and buyers, the provision of information to financial journals, municipal bond insurers and investment rating services, and similar measures designed to stimulate and broaden interest in the Bonds. After and in accordance with such consultation, PFM will contact underwriters, institutional investors, financial publications, municipal 176 City of Saratoga Page 6 of 19 Standard Consultant Contract bond insurers and rating services to the extent that such contacts are deemed beneficial to the interest of the City. 6. At the City’s request, PFM will procure on the City’s behalf such other professional services as may be required (such as trustee, financial printer, etc.) in connection with the issuance of the Bonds. 7. PFM will arrange for the distribution of the Preliminary Official Statements to a comprehensive list of prospective securities underwriters, banks and financial institutions. In this connection, a supply of Preliminary and Final Official Statements will also be placed in the principal offices of PFM for the purpose of prompt distribution of all requests. 8. PFM will prepare materials and information pertaining to the Bonds for rating agency and/or bond insurer review and will assist in the development of any investor presentation. 9. PFM shall recommend to the City the bidding platform to be used in receiving bids for the Bonds, evaluate underwriting bids received by the City, confirm the bids, resize the Bonds as necessary to reflect the actual interest rates provided by the winning bidder, and confirm terms with the winning bidder. 10.PFM will review all closing documents, including documents relating to the flow of funds at closing and federal tax requirements, for accuracy and completeness. 11.Following the sale, issuance and delivery of the Bonds, PFM will provide routine consultation to the City as reasonably requested on matters related to the Bonds. 177 City of Saratoga Page 7 of 19 Standard Consultant Contract EXHIBIT B PAYMENT The total compensation (including services and expense costs) pursuant to Exhibit A – Scope of Work of this Agreement shall be Thirty Thousand Dollars ($30,000) for services and shall not exceed Fifteen Hundred Dollars ($1,500) for expenses. Payment for Financial Advisor services and expenses is contingent upon the successful issuance of the bonds. The bonds shall be structured to include a Cost Issuance Fund in the bond for payment of the $30,000 fee and any expenses when the bond is issued 178 City of Saratoga Page 8 of 19 Standard Consultant Contract EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Consultant shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Consultant's obligations under this Agreement. 179 City of Saratoga Page 9 of 19 Standard Consultant Contract EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONSULTANT At all times during the term of this Agreement, Consultant shall be an independent Consultant and shall not be an employee of City. Consultant shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Consultant's field. City shall have the right to control Consultant only with respect to specifying the results to be obtained from Consultant pursuant to this Agreement. City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Consultant or any sub-Consultant or employee of Consultant. Nothing contained in this Agreement shall be construed as limiting the right of Consultant to engage in Consultant profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Consultant of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Consultant shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. All work product of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant’s profession. 3. TIME Consultant shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 4. CONSULTANT NO AGENT Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 180 City of Saratoga Page 10 of 19 Standard Consultant Contract 5. BENEFITS AND TAXES Consultant shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Consultant shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Consultant shall indemnify and hold City harmless from any and all liability that City may incur because of Consultant’s failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Consultant. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Consultant is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL a. Qualifications. Consultant shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Consultant shall ensure that all employees of Consultant and any sub-Consultant retained by Consultant in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 8. CONFLICT OF INTEREST a. In General. Consultant represents and warrants that, to the best of the Consultant’s knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Consultant, or that the Consultant has already disclosed all such relevant information. 181 City of Saratoga Page 11 of 19 Standard Consultant Contract b. Subsequent Conflict of Interest. Consultant agrees that if an actual or potential conflict of interest on the part of Consultant is discovered after award, the Consultant will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Consultant has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Consultant shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Consultant nor any member of any Consultant’s family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Consultant's operations or authorizes funding to Consultant. 9. COMPLIANCE WITH LAWS a. In General. Consultant shall take reasonable care to observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. In addition to the foregoing, Consultant shall obtain and maintain during the term hereof a valid City of Saratoga Business License. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug-free Workplace. Consultant and Consultant’s employees 182 City of Saratoga Page 12 of 19 Standard Consultant Contract and sub-Consultants shall comply with the City's policy of maintaining a drug-free workplace. Neither Consultant nor Consultant’s employees and sub-Consultants shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Consultant or any employee or sub-Consultant of Consultant is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Consultant, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Consultant assures and agrees that Consultant will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Consultant shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Consultant (and any books, documents, and records of any sub-Consultant(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. c. Use Of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 11. CONFIDENTIAL INFORMATION Consultant shall hold any confidential information received from City in the course of performing this 183 City of Saratoga Page 13 of 19 Standard Consultant Contract Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter unless otherwise required by law. Upon expiration of this Agreement, or termination as provided herein, Consultant shall return materials which contain any confidential information to City. Consultant may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Consultant which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY OF CONSULTANT Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Consultant, to any sub-Consultant, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of any sub-Consultant. 13. INDEMNIFICATION Consultant and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Consultant acknowledges that City would not enter into this agreement in the absence of the commitment of Consultant to indemnify and protect City as set forth below. a. Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs (including, without limitation, costs and fees of litigation)of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations under this provision are to be paid by Consultant as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Consultant shall not be required to defend, indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the 184 City of Saratoga Page 14 of 19 Standard Consultant Contract findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Consultant is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Consultant will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. c. Acknowledgement. Consultant acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. Consultant has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City. d. Scope of Consultant Obligation. The obligations of Consultant under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. e. Subconsultants. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subtier consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance or subject matter of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. f. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Consultant acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Consultant or subconsultants from liability under this paragraph. 14. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Consultant’s bid. 185 City of Saratoga Page 15 of 19 Standard Consultant Contract 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Consultant shall not be in default if Consultant promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Consultant default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance or contract with another party to perform this Agreement. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. Either party may terminate this Agreement at any time without prior notice in the event that the other party commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or effect whatsoever and each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, consultant's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 186 City of Saratoga Page 16 of 19 Standard Consultant Contract 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non- binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation, may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OF NON-RENEWAL Consultant understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Consultant under this Agreement be supplemented or continued by Consultant under a new agreement following expiration or termination of this Agreement. Consultant waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Consultant following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 22. WAIVER Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Consultant’s obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. 187 City of Saratoga Page 17 of 19 Standard Consultant Contract EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Consultant’s Agreement (ignore any not checked). Consultant shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, and 13777 Fruitvale Avenue, Saratoga, CA 95070. Consultant shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Consultant’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with coverage as indicated: X $2,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage ___ $ ____________ per occurrence bodily injury/$ ___________ per occurrence property damage ___ Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance ___ If the standard ISO Form wording for "OTHER INSURANCE", or other comparable wording, is not contained in Consultant's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Consultant's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $2,000,000 combined single limit for bodily injury and property damage ___ $ ____________ per person/$__________ per accident for bodily injury ___ $ ____________ per occurrence for property damage 188 City of Saratoga Page 18 of 19 Standard Consultant Contract ___ $ 500,000 combined single limit for bodily injury and property damage ___ Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the consultant, regardless of where the vehicles are kept or driven. X Professional/Errors and Omissions Liability with coverage as indicated: X $1,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Consultant must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Consultant may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three-year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Consultant makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: ". . . endeavor to . . ." AND ". . . but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." 189 City of Saratoga Page 19 of 19 Standard Consultant Contract All sub-Consultants used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII 190 SARATOGA CITY COUNCIL MEETING DATE: January 5, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Resolution Declaring a Public Nuisance as to Specified Properties Containing Hazardous Vegetation (Weeds) RECOMMENDED ACTION: Conduct public hearing and adopt resolution. REPORT SUMMARY: The attached resolution represents the second step in Saratoga’s Hazardous Vegetation Abatement Program administered by the Office of the County Agricultural Commissioner. The Commissioner has sent owners of the parcels requiring weed abatement a notice informing them that the weeds must be abated, either by the owners or if not done by the owners in a timely manner, then by the County. The notices also informed them that they may present objections at the January 5, 2011 public hearing scheduled before the City Council. A representative from the Office of the County Agricultural Commissioner will be attending the meeting to answer any questions Councilmembers may have on this proposed resolution as to the specific properties involved. FISCAL IMPACTS: None to the City. County recovers its costs from administrative portion of fee charged to property owner. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Abatement process by the County will not proceed. It would be necessary to depend upon the property owners to take care of their own abatement. ALTERNATIVE ACTION: None FOLLOW UP ACTION: 191 Upon adoption of the proposed resolution and pursuant to City Code Section 7-15.060, the County will send one additional notice to the owners of the properties to abate the hazardous vegetation nuisance on their property or demonstrate at a public hearing before the City Council on March 16, 2011 why the City Council should not order the County to abate such hazardous vegetation nuisance thereafter, at the property owner’s expense. ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed written notice to owners of specified property containing hazardous vegetation (weeds) requiring abatement, and posting of the agenda. Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A – Resolution Attachment B – Exhibit A – Commencement Report 192 1 RESOLUTION NO. 11 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING ABATEMENT OF A PUBLIC NUISANCE AS TO SPECIFIED PROPERTIES CONTAINING HAZARDOUS VEGETATION WHEREAS, the Saratoga City Council has declared hazardous vegetation to be a public nuisance by Resolution No. 10-072 adopted December 15, 2010; and WHEREAS, the Office of the County Agricultural Commissioner subsequently gave notice to all property owners of specific properties he had identified as containing hazardous vegetation (weeds) described by common name or by reference to the tract, block, lot, code area and parcel number on the report prepared by and on file in the Office of the City Clerk, and of the County Agricultural Commissioner; and WHEREAS, said notice informed the owners of the properties specified in Exhibit A attached hereto that the City Council would hold a public hearing on January 5, 2011 to consider any protests or objections to the declaration of a nuisance on pre-specified properties so as to require the owners of these properties to remove the hazardous vegetation or be subject to a subsequent order for abatement authorizing the County Agricultural Commissioner to perform the abatement; WHEREAS, a public hearing on said notice was held on January 5, 2011; and WHEREAS, final action on any protests or objections to the proposed removal of weeds has been made by the City Council. NOW, THEREFORE BE IT RESOLVED, that the hazardous vegetation (weeds) on the specified properties listed on Exhibit A attached hereto is declared to be a nuisance and the County Agricultural Commissioner is hereby designated as the person to cause notice to be given in the manner and form provided in Saratoga City Code Section 7-15.060, and as the person to thereafter cause abatement of the seasonal and recurring hazardous vegetation (weed) nuisance as determined in general by resolution dated December 15, 2010, and as to specified properties as determined by this resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the notice specified in the preceding paragraph shall require that owners of the properties identified in Exhibit A to abate the hazardous vegetative nuisance or demonstrate at a public hearing before the City Council on March 16, 2011 why the City Council should not order the County to abate such hazardous vegetation nuisance thereafter at the property owner’s expense. 193 2 The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 5th day of January 2011, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Howard A. Miller, Mayor ATTEST: Ann Sullivan City Clerk 194 3 195 4 196 5 197 6 198 199 200 201 202 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: January 5, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City Manager SUBJECT: Planning for 2011 Mustard Faire RECOMMENDED ACTION: Accept report and direct staff accordingly. REPORT SUMMARY: At its December 15th meeting, the City Council received a request from Norman Koepernik to discuss planning for the 2011 Mustard Faire at a future Council meeting. The issue has been agendized in order to facilitate this discussion. A total of $4,000 has been included in the FY 2010/11 budget for Mustard Faire-related expenses. This includes the following City-related expenses: Rental of Warner Hutton House: $517.50 Banner Display in Blaney Plaza (2 weeks) $600.00 Event Permit Fee $1,217.50 $100.00 The net amount for use by Mustard Faire organizers would be $2782.50. FISCAL IMPACTS: A total of $4,000 would be allocated from the Community Building Events account in the FY 2010/11 budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Undertake Council direction. 203 Page 2 of 2 ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: None 204