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Table of Contents Agenda 2 Presentation from the Saratoga Ministerial Association Staff Report 8 City Council Regular Meeting Minutes – January 5, 2011 Staff Report 10 Minutes 11 Review
of Accounts Payable Check Registers Check Register Report 18 12/22/10 Check Register 20 1/6/2011 Check Register 24 1/14/2011 Check Register 29 FY 2010/11 Mid-Year Budget Status Report
and Budget Adjustment Resolution FY 2010/11 Mid Year Budget Report 34 Saratoga Library Book Return Overhang Project – Accept Cancellation of Contract with Premier West Interiors and
Award Construction Contract to CRW Industries Saratoga Library Book Return Overhang Project – Accept Cancellation of Contract with Premier West Interiors and Award Construction Contract
to CRW Industries 37 ATTACHMENT A -CRW Contract Agreement 39 ATTACHMENT B -Library Overhang Drawings 62 ATTACHMENT C -Library Overhang Construction Bid Summary 63 Highway 9 Safety Improgement
Project, Phase III Staff report 64 Resolution 67 Cooperative Agreement 68 Design Contract 77 77 Fund Transfer Agreement 105 Spring/Summer Issue of The Saratogan Staff Report 137 Attachment
A: The Saratogan 2010 winter issue 139 1
WEDNESDAY, FEBRUARY 2, 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 January 27, 2011) 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 SPECIAL PRESENTATIONS 1. Presentation from the Saratoga Ministerial Association Recommended action:
Listen to a short presentation by members of the Saratoga Ministerial Association regarding the Association’s goals for the Saratoga community and the Saratoga Serves community project.
AGENDA REGULAR MEETING SARATOGA CITY COUNCIL 2
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 – January 5, 2011 Recommended action: Approve minutes. 3. Review of Accounts Payable Check Registers Recommended action: Review
and accept Check Registers for the following Accounts Payable payment cycles: December 22, 2010 January 6, 2011 January 13, 2011 4. FY 2010/11 Mid-Year Budget Status Report and Budget
Adjustment Resolution Recommended action: Review FY 2010/11 budget status report and proposed budget adjustments, and adopt resolution approving the City’s FY 2010/11 Operating Budget
amendments. 5. Saratoga Library Book Return Overhang Project – Accept Cancellation of Contract with Premier West Interiors and Award Construction Contract to CRW Industries Recommended
action: Review report and 1. Move to accept the withdrawal of Premier West Interiors from the construction project, rescinding the action of the November 17, 2010 meeting. 2. Move to
declare CRW Industries (CRW) of Santa Cruz to be the lowest responsible bidder on the project. 3. Move to accept bid and authorize the City Manager to enter into a construction contract
to CRW Industries (CRW) in the amount of $49,786. 4. Move to authorize staff to execute change orders to the contract up to $4,980. 6. Highway 9 Safety Improvement Project, Phase III
Recommended action: 1. Adopt a resolution authorizing the City Manager to execute a Cooperative Agreement between the City of Saratoga, the Town of Los Gatos, and the City of Monte Sereno
for the Highway 9 Safety Improvement Project Phase III. 2. Approve an Independent Contractor Agreement with BKF Engineers for preparation of construction documents for the Highway 9
Safety Improvement Project Phase III and authorize the City Manager to execute the same. 3. Approve a Fund Transfer Agreement with Caltrans and authorize the City Manager to execute
the same. PUBLIC HEARINGS None 3
OLD BUSINESS 7. Spring/Summer Issue of The Saratogan Recommended action: Accept report and direct staff accordingly. NEW BUSINESS None 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 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 4
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 January
27, 2011, 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 27th day of January 2011 at Saratoga, California. Ann Sullivan, CMC City Clerk 5
NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 1/28 Council Retreat 2/2 Regular Meeting – Joint meeting with Planning
Commission 2/16 Regular Meeting – 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 Montalvo Arts 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 6
7
1 SARATOGA CITY COUNCIL MEETING DATE: February 2, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave
Anderson SUBJECT: Presentation from the Saratoga Ministerial Association RECOMMENDED ACTION: Listen to a short presentation by members of the Saratoga Ministerial Association regarding
the Association’s goals for the Saratoga community and the Saratoga Serves community project. REPORT SUMMARY: On November 3, 2010 Council held their annual joint meeting with members
of the Saratoga Ministerial Association. At that meeting members of the Association spoke about their preparations for the upcoming annual community project – Saratoga Serves. They noted
this is a week-long community service that all the houses of worship and other organizations participate in together and added the next Saratoga Serves community event will be held the
week of March 12 – 19, 2011. As a result of that meeting Council asked the Association to provide a a short presentation on Saratoga Serves at a future City Council. FISCAL IMPACTS:
N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None 8
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 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:
None 9
SARATOGA CITY COUNCIL MEETING DATE: February 2, 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 – January 5, 2011 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the January 5, 2011, 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 January 5, 2011, City Council Regular Meeting. 10
MINUTES SARATOGA REGULAR CITY COUNCIL MEETING JANUARY 5, 2011 The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 p.m. ANNOUNCEMENT
OF CLOSED SESSION Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Government Code Section 54956.9 (1 potential case) MAYOR’S REPORT
ON CLOSED SESSION Mayor Miller stated there was no reportable information. The City Council held a Joint Meeting with members of the Chamber of Commerce in the Administrative Conference
Room at 6:00 p.m. PLEDGE OF ALLEGIANCE Mayor Miller called the Regular City Council meeting to order at 7:00 p.m. ROLL CALL PRESENT: Councilmembers Manny Cappello, Emily Lo, Jill Hunter,
Vice Mayor Chuck Page, Mayor Howard Miller ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City
Manager Mary Furey, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director 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 January 5, 2011 was properly posted on December 22, 2010. COMMUNICATIONS FROM BOARDS
AND COMMISSIONS Vicki Seelig, President of Saratoga Chamber of Commerce, provided a brief report regarding the Chamber’s goals for 2011. She noted the Chamber will work to increase their
membership, improve their financial status, recruit new board members, and continue to move forward with plans to distribute their newsletter electronically. They asked members to submit
their current email address to the Chamber. She concluded by 11
2 noting the Chamber has many new events scheduled such as: the Persian New Year in March, Business Expo in May; the Holiday Wine Stroll, and the Classic Car Show. COUNCIL DIRECTION
TO STAFF None ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS No one requested to speak at this time. COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS Councilmember Lo noted the Saratoga Lions
Club will again be collecting unused eye glasses to send to people in other countries. She added people could drop their unused eye glasses off at the Chamber of Commerce, the Book-go-Round,
and the Bank of the West at Quito Village. Councilmember Hunter announced the Saratoga Love Notes program will be occurring again this year and noted during the month of January residents
could visit any shop in the Village and write a love note to someone special. She added the love notes would be posted throughout the Village shop windows from February 1st through the
14th. Vice Mayor Page announced the Waste Water Treatment Plant (Plant) in San Jose will be be rebuilt. He noted the “Plant” is an interesting place to tour and invited residents to
attend an informational meeting scheduled on January 27 from 6:00 p.m. to 8:00 p.m. at the Cupertino City Hall. For more information regarding this project you should visit their website
at www.rebuildtheplant.org. Mayor Miller noted Boy Scout Troop 535 will be conducting a free E-waste recycling at Saratoga Prospect Center on Saturday, January 8, 2011, from 9:00 a.m.
to 5:00 p.m. At this time Mayor Miller took the opportunity to introduce Captain Carl Neusel to the Saratoga community. He noted Captain Neusel, Santa Clara County Sheriff’s Office,
is the new Captain of the Westside Substation. This position became vacant when Captain Terry Calderone retired in December 2010. CEREMONIAL ITEMS 1. PROCLAMATION DECLARING THE MONTH
OF JANUARY 2011 AS “NATIONAL BLOOD DONOR MONTH” STAFF RECOMMENDATION: Read and present proclamation. 12
3 Mayor Miller read and presented the proclamation to American Red Cross representative Mona Helmhold. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2. CITY COUNCIL REGULAR MEETING MINUTES
– DECEMBER 15, 2010 STAFF RECOMMENDATION: Approve minutes. PAGE/HUNTER MOVED TO APPROVE REGULAR MEETING MINUTES – DECEMBER 15, 2010. MOTION PASSED 5-0-0. 3. 2011 COUNCIL JOINT MEETING
CALENDAR STAFF RECOMMENDATION: Approve Saratoga City Council joint meeting calendar for 2011. PAGE/HUNTER MOVED TO APPROVE SARATOGA CITY COUNCIL JOINT MEETING CALENDAR FOR 2011. MOTION
PASSED 5-0-0. 4. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS STAFF RECOMMENDATION: That the City Council review and accept the Check Registers for the following Accounts Payable payment
cycles: December 9, 2010 December 16, 2010 PAGE/HUNTER MOVED TO ACCEPT THE CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: DECEMBER 9, 2010 AND DECEMBER 16, 2010.
MOTION PASSED 5-0-0. 5. DEVELOPMENT IMPACT FEE REPORT STAFF RECOMMENDATION: Staff recommends that the Council review and accept the annual AB1600 Development Impact Fee report for the
year ended June 30, 2010. PAGE/HUNTER MOVED TO ACCEPT THE ANNUAL AB1600 DEVELOPMENT IMPACT FEE REPORT FOR THE YEAR ENDED JUNE 30, 2010. MOTION PASSED 5-0-0. 13
4 6. APPROVAL OF SPORT USER AGREEMENTS -2011 STAFF RECOMMENDATION: 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. Councilmember Hunter removed this item for clarification. HUNTER/PAGE MOVED TO 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. MOTION PASSED 5-0-0. 7. MOTOR VEHICLE (MV) RESOLUTION RESTRICTING PARKING ON FORREST HILLS DRIVE STAFF RECOMMENDATION: Move to adopt MV Resolution restricting parking on Forrest
Hills Drive. MV RESOLUTION NO. 295 PAGE/HUNTER MOVED TO ADOPT MV RESOLUTION RESTRICTING PARKING ON FORREST HILLS DRIVE. MOTION PASSED 5-0-0. 8. TREASURER’S REPORT FOR THE MONTH ENDED
NOVEMBER 30, 2010 STAFF RECOMMENDATION: Review and accept the Treasurer’s Report for the month ended November 30, 2010. PAGE/HUNTER MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH
ENDED NOVEMBER 30, 2010. MOTION PASSED 5-0-0. 9. FINANCIAL ADVISOR SERVICES FOR REFUNDING THE CITY’S 2001 SERIES GENERAL OBLIGATION BOND STAFF RECOMMENDATION: 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. 14
5 Councilmember Lo removed this item for clarification. HUNTER/PAGE MOVED TO 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. MOTION PASSED 5-0-0. PUBLIC HEARINGS 10. RESOLUTION DECLARING
A PUBLIC NUISANCE AS TO SPECIFIED PROPERTIES CONTAINING HAZARDOUS VEGETATION (WEEDS) STAFF RECOMMENDATION: Conduct public hearing and adopt resolution. City Clerk Ann Sullivan presented
the staff report. Moe Kumre, Weed Abatement Coordinator with the Santa Clara County Agriculture Department, was present to provide additional information and answer questions from Council
members. Mayor Miller opened the public hearing for comment. No one requested to speak on this item. Mayor Miller closed the public hearing for comment. RESOLUTION NO. 11 -001 PAGE/LO
MOVED TO ADOPT RESOLUTION DECLARING ABATEMENT OF A PUBLIC NUISANCE AS TO SPECIFIED PROPERTIES CONTAINING HAZARDOUS VEGETATION. MOTION PASSED 5-0-0. OLD BUSINESS None NEW BUSINESS 11.
Planning for 2011 Mustard Faire STAFF RECOMMENDATION: Accept report and direct staff accordingly. Assistant City Manager Barbara Powell presented the staff report. Norm Koepernik was
present to provide additional information and answer questions from Council members. Mayor Miller invited public comment. 15
6 No one requested to speak on this item. Mayor Miller closed the public comment. HUNTER/PAGE MOVED TO WAIVE THE CITY-RELATED EXPENSES AND USE COUNCIL CONTINGENCY FUNDS TO COVER THE
COST OF THE RENTAL OF WARNER HUTTON HOUSE -$517.50, BANNER DISPLAY IN BLANEY PLAZA (2 WEEKS) -$600.00, AND EVENT PERMIT FEE -$100.00 FOR A TOTAL OF $1,217.50. MOTION PASSED 5-0-0. COUNCIL
DIRECTION: Council directed Norman Koepernik and the Mustard Faire Committee to reach out to various organizations and agencies that provide services to the Saratoga community such as:
PG & E, West Valley Collection and Recycling, AT&T, and Comcast, for donations to help make up the monetary difference the Committee needs to cover the costs of the additional proposed
event activities. Councilmember Manny Cappello, Jill Hunter and Vice Mayor Chuck Page noted they would be available to work with the Committee by providing contact information or schedule
meetings with the various agencies. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller – had nothing to report. Vice Mayor Chuck Page – reported: West Valley Sanitation District –he
attended the last meeting and they bid farewell to Councilmember Dan Furtado, who recently termed out on the Campbell City Council. Councilmember Jill Hunter – had nothing to report.
Councilmember Emily Lo – reported: Sister City Liaison – she attended the meeting on Tuesday and added the Sister City organization is now accepting applications for the Gomersall Scholarship.
This is a scholarship made available to anyone that is interested in furthering their knowledge and education in Japanese culture. Interested applicants should contact Sister City representative
Marilyn White at 408.867.9417 for additional information. In addition, she noted the Sister City organization is currently accepting new members to the Taiko Drummers group. Councilmember
Manny Cappello – reported: Carlson House Restoration AdHoc – A “kick off” meeting was held prior to the holidays. At that meeting the interested participants were established, which
include: Saratoga Rotary, West Valley College, and the City. They also calendared dates for future meetings. 16
7 CITY COUNCIL ITEMS Mayor Miller noted the following items: City Manager Dave Anderson will be on vacation and traveling out of the area the week of February 20, 2011, the January 19,
2011 City Council meeting has been cancelled, and the annual City Council Retreat is scheduled on January 28, 2011. CITY MANAGER’S REPORT Nothing ADJOURNMENT There being no additional
business, Mayor Miller asked for a motion to adjourn. PAGE/CAPPELLO MOVED TO ADJOURN THE REGULAR MEETING AT 8:50PM. MOTION PASSED 5-0-0. Respectfully Submitted, Ann Sullivan, CMC City
Clerk 17
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. 12/22/10 116839 116886 48 100,072.25 12/23/10 12/16/10 116838 01/06/11 116887
116944 58 152,917.91 01/06/11 12/22/10 116886 01/14/11 116945 117011 67 483,742.72 01/14/11 01/06/11 116944 AP Date Check No. Issued to Dept. Amount 12/22/10 116850 PW -CIP 22,290.10
01/06/11 116898 Emerg Prep 23,364.00 01/06/11 116933 Legal 20,369.64 01/14/11 116985 Public Safety 354,429.00 01/14/11 116991 Parks/Facilty 35,880.74 The following are Accounts Payable
checks that were voided: AP Date Check No. Amount 12/09/10 116741 320.00 January 14, 2011 PG&E General and L&L Funds Nov/Dec Usage SCC -Sheriffs Office General Fund January Services
Checks Released The following is a list of Accounts Payable checks issued for more than $20,000: Fund Purpose Duran & Venebles CIP Streets Street Shoulder Work Accounts Payable Issued
to Description Carpenters Local 2236 Void -reissued County of Santa Clara General Fund Regional Interoperability Shute Mihaly General Fund October Services Type of Checks Date Total
Checks Amount Starting Check No. Ending Check No. SARATOGA CITY COUNCIL MEETING DATE: February 2, 2011 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: PREPARED
BY: DEPT. DIRECTOR: December 22, 2010 January 6, 2011 Prior Check Register Accounts Payable Accounts Payable 18
The following is a list of cash reduction by fund: Fund # AP 12/22/10 AP 1/6/11 AP 1/14/11 Total 111 General 25,051.02 129,554.69 396,578.06 551,183.77 211 CDBG Administration -231 Village
Lighting 5,309.34 12,561.85 17,871.19 232 Azule Lighting 235.19 470.33 705.52 233 Sarahills Lighting 250.06 500.06 750.12 241 Arroyo de Saratoga Landscape 85.00 85.00 242 Bonnet Way
Landscape 135.00 135.00 243 Carnelian Glen 135.00 135.00 244 Cunningham/Glasgow Landscape 150.00 150.00 245 Fredericksburg Landscape 132.00 132.00 246 Greenbriar Landscape 406.00 406.00
247 Kerwin Ranch Landscape 311.00 311.00 248 Leutar Court Landscape 85.00 85.00 249 Manor Drive Landscape 160.00 160.00 251 McCartysville Landscape 17.16 180.00 35.98 233.14 252 Prides
Crossing Landscape 38.94 1,756.29 75.97 1,871.20 253 Saratoga Legends Landscape 158.00 158.00 254 Sunland Park Landscape 203.00 203.00 255 Tricia Woods Landscape 8.57 45.00 18.04 71.61
271 Beauchamps Landscape 18.84 85.00 93.36 197.20 272 Bellgrove Landscape 439.65 2,154.14 901.41 3,495.20 273 Gateway Landscape 203.00 9.59 212.59 274 Horseshoe Landscape/Lighting 9.17
320.00 18.23 347.40 275 Quito Lighting 1,023.52 165.00 2,186.09 3,374.61 276 Tollgate LLD 90.00 90.00 277 Village Commercial Landscape 75.00 166.00 241.00 311 Library Bond Debt Service
-411 CIP Street Projects 53,712.68 2,005.39 19,092.38 74,810.45 412 CIP Parks Projects 2,414.50 2,414.50 413 CIP Facility Projects 7,037.03 5,937.84 12,974.87 414 CIP Admin Projects
3,329.52 3,329.52 421 Tree Fine Fund 749.83 749.83 431 Grant Fund -CIP Streets 606.00 606.00 432 Grant Fund -Parks & Trails 1,766.12 1,766.12 481 Gas Tax Fund 4,954.00 4,954.00 611 Liability/Risk
Mgt 894.00 525.00 15,084.82 16,503.82 612 Workers' Comp -621 Office Support Services Fund -622 Information Technology 598.06 289.85 887.91 623 Vehicle & Equipment Maint 137.94 3,275.24
4,688.16 8,101.34 624 Building Maintenance 2,876.58 4,072.69 16,715.81 23,665.08 631 3,277.49 3,277.49 632 87.40 87.40 712 KSAR Trust Fund -100,072.25 152,917.91 483,742.72 736,732.88
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 19
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 12/23/2010 CITY OF SARATOGA ACCTPA21 TIME: 11:59:40 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.gl_cash=’11111’ and transact.ck_date=’20
101222 00:00:00.000’ ACCOUNTING PERIOD: 6/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX
AMOUNT 11111 116839 12/22/10 234 A T & T 6246202 PROSPECT CENTER 0.00 73.41 11111 116839 12/22/10 234 A T & T 6246202 MTHLY CHARGES 0.00 177.96 11111 116839 12/22/10 234 A T & T 1117102
ER LINE − RECREATION 0.00 14.19 11111 116839 12/22/10 234 A T & T 1117102 ER LINE − CM OFFICE 0.00 38.13 11111 116839 12/22/10 234 A T & T 6246202 ALARM SYSTEMS 0.00 85.44 11111 116839
12/22/10 234 A T & T 6246202 SR CTR ALARMS 0.00 30.16 11111 116839 12/22/10 234 A T & T 6246202 BOOK−GO−ROUND 0.00 29.64 11111 116839 12/22/10 234 A T & T 1117102 ER LINE−ASSIST CM OFF
0.00 15.48 11111 116839 12/22/10 234 A T & T 6246202 POSTAGE MACHINE 0.00 14.19 11111 116839 12/22/10 234 A T & T 1117102 PROSPECT CTR ALARMS 0.00 204.17 11111 116839 12/22/10 234 A
T & T 1117102 AM 1610 RADIO 0.00 15.48 11111 116839 12/22/10 234 A T & T 6246202 GATEWAY IRRIGATION 0.00 15.18 11111 116839 12/22/10 234 A T & T 1115301 EL QUITO IRRIGATION 0.00 15.28
11111 116839 12/22/10 234 A T & T 1115301 CORP YARD ER LINE 0.00 86.66 11111 116839 12/22/10 234 A T & T 1115301 PHONES LINES − PARKS 0.00 16.00 11111 116839 12/22/10 234 A T & T 1115301
BLANEY MODEM 0.00 15.18 11111 116839 12/22/10 234 A T & T 1115301 C. SPRINGS PARK 0.00 30.66 TOTAL CHECK 0.00 877.21 11111 116840 12/22/10 152 AMERICAN PLANNING ASSOCI 1114101 DUES −
MCCORMICK 0.00 475.00 11111 116841 12/22/10 197 ARROWHEAD MOUNTAIN SPRIN 6246202 MTHLY SVC 12/10 0.00 131.07 11111 116842 12/22/10 919 BARCO PRODUCTS COMPANY 4129211−001 PARK KIOSK BOARDS
0.00 764.50 11111 116843 12/22/10 500 CAREY RICHARD 111 REFUND − FACILITY 0.00 500.00 11111 116844
12/22/10 125 CARNEKIE, DIANE 111 MED REIMB−OCT−DEC2010 0.00 600.00 11111 116845 12/22/10 500 CMRTA 1113101 ANNUAL DUES−JULIE/ANN 0.00 50.00 11111 116846 12/22/10 250 COTTON SHIRES AND
ASSOCI 4119111−001 SARAHILL−MONITORING 0.00 1,317.00 11111 116846 12/22/10 250 COTTON SHIRES AND ASSOCI 4119111−001 SARAHILLS−MONITORING 0.00 1,011.00 TOTAL CHECK 0.00 2,328.00 11111
116847 12/22/10 262 COVAD COMMUNICATION 6223201 MTHLY SVC 12/16−1/15 0.00 497.13 11111 116848 12/22/10 342 DATA TICKET INC 1117101 CITATION FEES 10/10 0.00 100.00 11111 116849 12/22/10
552 DEPARTMENT OF JUSTICE 1112301 FINGERPRINT FEE 11/10 0.00 32.00 11111 116850 12/22/10 355 DURAN & VENABLES, INC. 4119111−001 BACKHOE RNTL 0.00 812.50 11111 116850 12/22/10 355 DURAN
& VENABLES, INC. 411 RETENTION HELD−PO#73 0.00 −2,386.40 11111 116850 12/22/10 355 DURAN & VENABLES, INC. 4119111−001 CANYON VW−SHOULDER WK 0.00 13,319.00 11111 116850 12/22/10 355 DURAN
& VENABLES, INC. 4119111−001 SOBEY RD−SHOULDER WK 0.00 10,545.00 TOTAL CHECK 0.00 22,290.10 11111 116851 12/22/10 500 EBRAHIM KAABIPOUR 111 REFUND − PERMIT 0.00 500.00 11111 116852 12/12/22/10
423 FEHR & PEERS 4139351−001 SARA/PROSPECT CNTR 0.00 1,033.70 11111 116852 12/22/10 423 FEHR & PEERS 1115101 TRAFFIC CONSULT SVC 0.00 3,006.60 11111 116852 12/22/10 423 FEHR & PEERS
1111101 CIRCULATION UPDATE 0.00 1,060.76 20
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 12/23/2010 CITY OF SARATOGA ACCTPA21 TIME: 11:59:40 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.gl_cash=’11111’ and transact.ck_date=’20
101222 00:00:00.000’ ACCOUNTING PERIOD: 6/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX
AMOUNT TOTAL CHECK 0.00 5,101.06 11111 116853 12/22/10 906 FISHER, ELENA G. 1116101 INSTRUCTOR − YOGA 0.00 79.00 11111 116853 12/22/10 906 FISHER, ELENA G. 1116101 INSTRUCTOR − YOGA
0.00 39.50 11111 116853 12/22/10 906 FISHER, ELENA G. 1116101 INSTRUCTOR − YOGA 0.00 539.00 TOTAL CHECK 0.00 657.50 11111 116854 12/22/10 464 GRANICUS 1112201 MTHLY SVC 01/11 0.00 1,600.00
11111 116855 12/22/10 671 GUERRA CONSTRUCTION GROU 411 RETENTION HELD−PO#17 0.00 −780.80 11111 116855 12/22/10 671 GUERRA CONSTRUCTION GROU 4119142−006 SGNL UPGRADE−SARA PED 0.00 7,808.00
TOTAL CHECK 0.00 7,027.20 11111 116856 12/22/10 897 HOWELL ELECTRIC 611 RETENTION RETENTION RELEASE #1 0.00 894.00 11111 116857 12/22/10 917 JOSON FENCE 1115301 RPR FENCE/WILDWOOD PK
0.00 692.00 11111 116858 12/22/10 100 KSAR 1118101 VHS/DVD CONVERSION 0.00 800.00 11111 116859 12/22/10 159 KUHN, BRIAN 1116101 INSTRUCTOR − KARATE 0.00 34.50 11111 116859 12/22/10 159
KUHN, BRIAN 1116101 INSTRUCTOR − KARATE 0.00 27.00 11111 116859 12/22/10 159 KUHN, BRIAN 1116101 INSTRUCTOR−KARATE 0.00 99.00 11111 116859 12/22/10 159 KUHN, BRIAN 1116101 INSTRUCTOR
− KARATE 0.00 34.50 11111 116859 12/22/10 159 KUHN, BRIAN 1116101 INSTRUCTOR − KARATE 0.00 207.00 11111 116859 12/22/10 159 KUHN, BRIAN 1116101 INSTRUCTOR − KARATE 0.00 34.50 11111 116859
12/22/10 159 KUHN, BRIAN 1116101 INSTRUCTOR − KARATE 0.00 34.50 11111 116859 12/22/10 159 KUHN, BRIAN 1116101 INSTRUCTOR − KARATE 0.00 64.50 TOTAL CHECK 0.00 535.50 11111 116860 12/22/10
183 LEXISNEXIS 1114103 MTHLY SVC 11/10 0.00 167.00 11111 116861 12/22/10 673 LOEVERICH, ALEXIS 1116101 INSTRUCTOR − PILATES 0.00 128.00 11111 116861 12/22/10 673 LOEVERICH, ALEXIS 1116101
INSTRUCTOR − PILATES 0.00 238.00 11111 116861 12/22/10 673 LOEVERICH, ALEXIS 1116101 INSTRUCTOR − PILATES 0.00 160.00 11111 116861 12/22/10 673 LOEVERICH, ALEXIS 1116101 INSTRUCTOR −
PILATES 0.00 64.00 11111 116861 12/22/10 673 LOEVERICH, ALEXIS 1116101 INSTRUCTOR − PILATES 0.00 297.50 TOTAL CHECK 0.00 887.50 11111 116862 12/22/10 500 MAHALAKSHMI KOTHANDAPANI 111
REFUND − FACILITY 0.00 500.00 11111 116863 12/22/10 500 MARILYN MCBRIDE 111 REFUND − FACILITY 0.00 300.00 11111 116864 12/22/10 23 MITY−LITE,INC. 4139333−005 TABLE/CART−SENIOR CTR 0.00
4,353.33 11111 116865 12/22/10 131 NORMAN PAUL PRINT CTR 1115101 EMPLOYEE BUS. CARDS 0.00 69.07 11111 116865 12/22/10 131 NORMAN PAUL PRINT CTR 1116101 EMPLOYEE BUS. CARDS 0.00 69.07
11111 116865 12/22/10 131 NORMAN PAUL PRINT CTR 1114101 EMPLOYEE BUS. CARDS 0.00 34.53 11111 116865 12/22/10 131 NORMAN PAUL PRINT CTR 1114201 EMPLOYEE BUS. CARDS 0.00 34.54 11111 116865
12/22/10 131 NORMAN PAUL PRINT CTR 1114101 EMPLOYEE BUS. CARDS 0.00 138.15 TOTAL CHECK 0.00 345.36 11111 116866 12/22/10 1 OFF OF SHERIFF−FISCAL SV 1112301 LIVESCAN SRVCS 11/10 0.00
20.00 21
SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 12/23/2010 CITY OF SARATOGA ACCTPA21 TIME: 11:59:40 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.gl_cash=’11111’ and transact.ck_date=’20
101222 00:00:00.000’ ACCOUNTING PERIOD: 6/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX
AMOUNT 11111 116867 12/22/10 145 OFFICE DEPOT INC. 1113101 OFFICE SUPPLIES 0.00 172.08 11111 116867 12/22/10 145 OFFICE DEPOT INC. 1113101 OFFICE SUPPLIES 0.00 13.53 11111 116867 12/22/10
145 OFFICE DEPOT INC. 1113101 OFFICE SUPPLIES 0.00 9.00 11111 116867 12/22/10 145 OFFICE DEPOT INC. 1115101 OFFICE SUPPLIES 0.00 45.18 11111 116867 12/22/10 145 OFFICE DEPOT INC. 1114101
OFFICE SUPPLIES 0.00 44.84 11111 116867 12/22/10 145 OFFICE DEPOT INC. 1111101 OFFICE SUPPLIES 0.00 34.71 11111 116867 12/22/10 145 OFFICE DEPOT INC. 1111101 OFFICE SUPPLIES 0.00 50.04
TOTAL CHECK 0.00 369.38 11111 116868 12/22/10 777 O’GRADY PAVING, INC. 411 RETENTION HELD PO#81 0.00 −900.00 11111 116868 12/22/10 777 O’GRADY PAVING, INC. 4119111−001 MANHOLD ADJUSTMENT
0.00 9,000.00 TOTAL CHECK 0.00 8,100.00 11111 116869 12/22/10 918 O’REILLY AUTO PARTS 6235202 AUTO PARTS − STREETS 0.00 137.94 11111 116870 12/22/10 173 PACIFIC GAS & ELECTRIC 6246202
NATURAL GAS VEHICLE 0.00 80.99 11111 116870 12/22/10 173 PACIFIC GAS & ELECTRIC 6246202 BUILDINGS 0.00 2,071.58 11111 116870 12/22/10 173 PACIFIC GAS & ELECTRIC 1115201 TRAFFIC SIGNALS
0.00 1,019.00 11111 116870 12/22/10 173 PACIFIC GAS & ELECTRIC 1115201 CITY WIDE ST LIGHTS 0.00 633.68 11111 116870 12/22/10 173 PACIFIC GAS & ELECTRIC 1115201 PARKS/OPEN SPACE 0.00
565.38 11111 116870 12/22/10 173 PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING 0.00 5,287.97 11111 116870 12/22/10 173 PACIFIC GAS & ELECTRIC 2325302 AZULE LIGHTING 0.00 235.19 11111
116870 12/22/10 173 PACIFIC GAS & ELECTRIC 2335302 SARAHILLS LIGHTING 0.00 250.06 11111 116870 12/22/10 173 PACIFIC GAS & ELECTRIC 2515302 MCCARTYSVILLE 0.00 17.16 11111 116870 12/22/10
173 PACIFIC GAS & ELECTRIC 2525302 PRIDES CROSSING 0.00 38.94 11111 116870 12/22/10 173 PACIFIC GAS & ELECTRIC 2555302 TRICIA WOODS 0.00 8.57 11111 116870 12/22/10 173 PACIFIC GAS &
ELECTRIC 2715302 BEAUCHAMPS 0.00 18.84 11111 116870 12/22/10 173 PACIFIC GAS & ELECTRIC 2725302 BELLGROVE CIRCLE 0.00 439.65 11111 116870 12/22/10 173 PACIFIC GAS & ELECTRIC 2745302
HORSESHOE DR LNDSCAPE 0.00 9.17 11111 116870 12/22/10 173 PACIFIC GAS & ELECTRIC 2755302 QUITO LIGHTING 0.00 1,023.52 11111 116870 12/22/10 173 PACIFIC GAS & ELECTRIC 2315302 OAK ST.
10/26−11/22 0.00 21.37 TOTAL CHECK 0.00 11,721.07 11111 116871 12/22/10 500 RAO NAYANATARA 1117101 PRKG CIT. DISMISSED 0.00 348.00 11111 116872 12/22/10 409 REPUBLIC ITS 1115201 TRAFFIC
SGNL MO.11/10 0.00 1,425.00 11111 116872 12/22/10 409 REPUBLIC ITS 4119111−001 TRAFFIC SGNL RPR11/10 0.00 1,961.38 TOTAL CHECK 0.00 3,386.38 11111 116873 12/22/10 910 RILEY’S STRIPING,
INC 411 RETENTION HELD PO#78 0.00 −1,334.00 11111 116873 12/22/10 910 RILEY’S STRIPING, INC 4119111−4119111−002 CITY WIDE STRIPING 0.00 13,340.00 TOTAL CHECK 0.00 12,006.00 11111 116874
12/22/10 500 RINA KAPADIA 111 REFUND − FACILITY 0.00 300.00 11111 116875 12/22/10 87 SAN JOSE WATER COMPANY 1115301 PARKS /OPEN SPACE 0.00 143.07 11111 116876 12/22/10 124 SCHWAAB INC
1112101 OFFICE SUPPLIES 0.00 23.00 11111 116876 12/22/10 124 SCHWAAB INC 1112201 OFFICE SUPPLIES 0.00 40.90 TOTAL CHECK 0.00 63.90 22
SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 12/23/2010 CITY OF SARATOGA ACCTPA21 TIME: 11:59:40 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.gl_cash=’11111’ and transact.ck_date=’20
101222 00:00:00.000’ ACCOUNTING PERIOD: 6/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX
AMOUNT 11111 116877 12/22/10 500 SHAUGHNA GREEN 111 REFUND − FACILITY 0.00 300.00 11111 116878 12/22/10 826 THE GRAND VIEW 1116101 INSTRUCTOR− PAINTING 0.00 478.50 11111 116879 12/22/10
253 STEVE BENZING ARCHITECT 4139311−001 SRVCS−MUSEUM STORAGE 0.00 1,650.00 11111 116880 12/22/10 313 THE MERCURY NEWS 1118101 NEWSPAPER 1/11−4/11 0.00 63.63 11111 116881 12/22/10 500
TOBY FERNALD 1116101 REFUND − ACTIVITY 0.00 65.00 11111 116882 12/22/10 395 VERIZON WIRELESS 1112101 CTY MGR OFFICE 0.00 1.60 11111 116882 12/22/10 395 VERIZON WIRELESS 1112201 CTY CLERK
OFFICE 0.00 62.23 11111 116882 12/22/10 395 VERIZON WIRELESS 1112301 HR DEPT 0.00 70.17 11111 116882 12/22/10 395 VERIZON WIRELESS 1113101 ADMINISTRATIVE DEPT 0.00 59.68 11111 116882
12/22/10 395 VERIZON WIRELESS 6223201 IT DEPT 0.00 59.68 11111 116882 12/22/10 395 VERIZON WIRELESS 1114201 CDD − BUILDING 0.00 72.51 11111 116882 12/22/10 395 VERIZON WIRELESS 1114101
CDD − DEVELOPMENT 0.00 36.32 11111 116882 12/22/10 395 VERIZON WIRELESS 1114103 CDD − CODE COMPLIANCE 0.00 36.19 11111 116882 12/22/10 395 VERIZON WIRELESS 1115201 PW − STREETS DEPT
0.00 159.95 11111 116882 12/22/10 395 VERIZON WIRELESS 1115301 PW − PARKS DEPT 0.00 298.34 11111 116882 12/22/10 395 VERIZON WIRELESS 1115101 PW−ENGINEERING DEPT 0.00 0.96 11111 116882
12/22/10 395 VERIZON WIRELESS 1115102 PW−DEV ENGINEERING 0.00 72.38 11111 116882 12/22/10 395 VERIZON WIRELESS 6246202 BUILDING MAINT DEPT 0.00 166.96 TOTAL CHECK 0.00 1,096.97 11111
116883 12/22/10 402 VISTA LANDSCAPE & MAINTE 1115301 INSTL FENCE−TANK TRL 0.00 1,700.00 11111 116883 12/22/10 402 VISTA LANDSCAPE & MAINTE 1115301 REPAIRS−ORCHARD TRAIL 0.00 1,470.00
11111 116883 12/22/10 402 VISTA LANDSCAPE & MAINTE 4129224−001 INSTL FENCE−HIST. PK 0.00 1,650.00 TOTAL CHECK 0.00 4,820.00 11111 116884 12/22/10 198 WITTWER & PARKIN, LLP 111 PROF SVC
GPA09−00002 0.00 1,405.60 11111 116884 12/22/10 198 WITTWER & PARKIN, LLP 111 LGL SVC 04−016FRISONE 0.00 250.10 TOTAL CHECK 0.00 1,655.70 11111 116885 12/22/10 500 YOLANDA ANGULO 111
REFUND − FACILITY 0.00 300.00 11111 116886 12/22/10 696 ZAG TECHNICAL SERVICES, 6223201 SHORECARE SUPPORT 0.00 41.25 TOTAL CASH ACCOUNT 0.00 100,072.25 TOTAL FUND 0.00 100,072.25 TOTAL
REPORT 0.00 100,072.25 23
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 01/24/2011 CITY OF SARATOGA ACCTPA21 TIME: 14:00:24 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110106 00:00:00.000’
ACCOUNTING PERIOD: 7/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT 11111 116887
01/06/11 581 $15 SEWER SERVICE 1115301 SEWER−GLEN BRAE DR. 0.00 86.50 11111 116888 01/06/11 35 ACCENT GRAPHICS 1111101 PLATES−MILLER/PAGE 0.00 76.01 11111 116889 01/06/11 72 ADVANTAGE
JANITORIAL SUP 1115301 JANITORIAL SUPPLIES 0.00 169.67 11111 116890 01/06/11 521 ALLIED LOCK & SAFE INC 1115301 LOCKS − PARKS 0.00 277.77 11111 116891 01/06/11 43 CAL FIRE 6246202 ANNUAL
SERVICE 0.00 768.22 11111 116892 01/06/11 90 CALSENSE 1115301 REPAIRS −PUBLIC WORKS 0.00 280.40 11111 116893 01/06/11 95 CAL−WEST LIGHTING & SIGN 2725302 RPR−BELGROVE/AZULE PK 0.00 556.14
11111 116894 01/06/11 176 CIENEGA LANDSCAPING 2775302 NEWS RACK MAINT 12/10 0.00 75.00 11111 116894 01/06/11 176 CIENEGA LANDSCAPING 2745302 HORSESHOE DR 12/10 0.00 320.00 11111 116894
01/06/11 176 CIENEGA LANDSCAPING 1115301 FOOTHILL PARK 12/10 0.00 400.00 11111 116894 01/06/11 176 CIENEGA LANDSCAPING 1115301 FOOTHILL PARK 12/10 0.00 178.00 11111 116894 01/06/11 176
CIENEGA LANDSCAPING 2435302 CARNELIAN GLEN 12/10 0.00 135.00 11111 116894 01/06/11 176 CIENEGA LANDSCAPING 1115301 VLGE GRBGE RECEP12/10 0.00 220.00 TOTAL CHECK 0.00 1,328.00 11111 116895
01/06/11 517 CITY OF SAN JOSE 1117101 ANIMAL SERVICES 01/11 0.00 14,719.31 11111 116896 01/06/11 229 COAST OIL COMPANY LLC 6235202 UNLEADED/DIESEL 0.00 1,881.18 11111 116897 01/06/11
250 COTTON SHIRES AND ASSOCI 111 GEO SVC GEO10−0018 0.00 1,031.25 11111 116897 01/06/11 250 COTTON SHIRES AND ASSOCI 111 GEO SVC GEO10−0012 0.00 1,237.50 11111 116897 01/06/11 250 COTTON
SHIRES AND ASSOCI 111 GEO SVC GEO10−0019 0.00 1,895.00 11111 116897 01/06/11 250 COTTON SHIRES AND ASSOCI 111 GEO SVC GEO10−0020 0.00 2,006.00 TOTAL CHECK 0.00 6,169.75 11111 116898
01/06/11 1 COUNTY OF SANTA CLARA−FI 1117102 ANNUAL FEES 2010/2011 0.00 23,364.00 11111 116899 01/06/11 320 CYGANY INC 1115301 PLASTIC BAGS − PARKS 0.00 472.00 11111 116900 01/06/11 342
DATA TICKET INC 1117101 CITATION FEES 11/10 0.00 545.50 11111 116901 01/06/11 616 DAVCO WATERPROOFING SVC, 6246202 ROOF RPR−SR CENTER 0.00 1,526.57 11111 116901 01/06/11 616 DAVCO WATERPROOFING
SVC, 6246202 ROOF RPR−PROSPECT CTR 0.00 237.50 TOTAL CHECK 0.00 1,764.07 11111 116902 01/06/11 1 DEPARTMENT OF REVENUE 1117101 PARKING CIT 12/10 0.00 167.50 11111 116903 01/06/11 416
EVANS WEST VALLEY SPRAY 1115301 SPRAY − MEDIANS 0.00 2,500.00 11111 116903 01/06/11 416 EVANS WEST VALLEY SPRAY 1115301 SPRAY−MEMORIAL PLAZA 0.00 200.00 TOTAL CHECK 0.00 2,700.00 11111
116904 01/06/11 421 EWING IRRIGATION 1115301 SUPPLIES − PARKS 0.00 26.31 11111 116904 01/06/11 421 EWING IRRIGATION 1115301 SUPPLIES − PARKS 0.00 33.74 TOTAL CHECK 0.00 60.05 24
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 01/24/2011 CITY OF SARATOGA ACCTPA21 TIME: 14:00:24 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110106 00:00:00.000’
ACCOUNTING PERIOD: 7/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT 11111 116905
01/06/11 423 FEHR & PEERS 1115101 TRAFFIC CONSULT SVC 0.00 3,318.37 11111 116906 01/06/11 426 FLINT TRADING, INC 4119111−002 SUPPLIES − STREETS 0.00 1,512.39 11111 116907 01/06/11 454
GACHINA LANDSCAPE MANAGE 1115301 MEDIANS 12/10 0.00 4,327.00 11111 116907 01/06/11 454 GACHINA LANDSCAPE MANAGE 2425302 BONNET WAY 12/10 0.00 135.00 11111 116907 01/06/11 454 GACHINA
LANDSCAPE MANAGE 2445302 CUNNINGHAM /GLASGOW 0.00 150.00 11111 116907 01/06/11 454 GACHINA LANDSCAPE MANAGE 2455302 FREDRICKSBURG 12/10 0.00 132.00 11111 116907 01/06/11 454 GACHINA
LANDSCAPE MANAGE 2465302 G. AZULE 12/10 0.00 219.00 11111 116907 01/06/11 454 GACHINA LANDSCAPE MANAGE 2465302 G. SEAGULL 12/10 0.00 187.00 11111 116907 01/06/11 454 GACHINA LANDSCAPE
MANAGE 2495302 MANOR DR 12/10 0.00 160.00 11111 116907 01/06/11 454 GACHINA LANDSCAPE MANAGE 2525302 PRIDES CROSSING 12/10 0.00 448.00 11111 116907 01/06/11 454 GACHINA LANDSCAPE MANAGE
2555302 TRICIA WOODS 12/10 0.00 45.00 11111 116907 01/06/11 454 GACHINA LANDSCAPE MANAGE 2715302 BEAUCHAMPS 12/10 0.00 85.00 11111 116907 01/06/11 454 GACHINA LANDSCAPE MANAGE 2755302
QUITO PASEO 12/10 0.00 60.00 11111 116907 01/06/11 454 GACHINA LANDSCAPE MANAGE 2755302 QUITO MARTHA 12/10 0.00 105.00 11111 116907 01/06/11 454 GACHINA LANDSCAPE MANAGE 2765302 TOLLGATE
12/10 0.00 90.00 11111 116907 01/06/11 454 GACHINA LANDSCAPE MANAGE 2485302 LEUTAR CT 12/10 0.00 85.00 11111 116907 01/06/11 454 GACHINA LANDSCAPE MANAGE 2415302 ARROYO DE SARA 12/10
0.00 85.00 TOTAL CHECK 0.00 6,313.00 11111 116908 01/06/11 455 GARDENLAND POWER EQUIPME 1115301 HEDGE CLIPPER−PARKS 0.00 491.43 11111 116908 01/06/11 455 GARDENLAND POWER EQUIPME 1115301
MOWER PARTS−PARKS 0.00 349.34 TOTAL CHECK 0.00 840.77 11111 116909 01/06/11 920 GOLDEN GATE GROUP TICKET 1116101 FOREVER TANGO−9 TIXS 0.00 450.00 11111 116909 01/06/11 920 GOLDEN GATE
GROUP TICKET 1116101 FOREVER TANGO−2 TIXS 0.00 100.00 TOTAL CHECK 0.00 550.00 11111 116910 01/06/11 14 HYDROTEC IRRIGATION EQUI 2525302 RPRS−P.CROSSING WEST 0.00 1,308.29 11111 116910
01/06/11 14 HYDROTEC IRRIGATION EQUI 4219211−002 IRRIGATION − BLANEY 0.00 749.83 TOTAL CHECK 0.00 2,058.12 11111 116911 01/06/11 636 JULIE R INGRAHAM 1113101 MILEAGE 07/01−12/31 0.00
41.40 11111 116912 01/06/11 100 KSAR 1118301 BROADCAST 12/10 0.00 2,400.00 11111 116913 01/06/11 221 LORAL LANDSCAPING, INC 1115301 BEAUCHAMPS PARK 0.00 212.00 11111 116913 01/06/11
221 LORAL LANDSCAPING, INC 1115301 RAVENWOOD PARK 0.00 110.00 11111 116913 01/06/11 221 LORAL LANDSCAPING, INC 1115301 AZULE PARK 0.00 565.00 11111 116913 01/06/11 221 LORAL LANDSCAPING,
INC 1115301 KEVIN MORAN PARK 0.00 100.00 11111 116913 01/06/11 221 LORAL LANDSCAPING, INC 1115301 HISTORICAL PARK 0.00 170.00 11111 116913 01/06/11 221 LORAL LANDSCAPING, INC 1115301
PROSPECT CENTER 0.00 550.00 11111 116913 01/06/11 221 LORAL LANDSCAPING, INC 2515302 MCCARTYSVILLE 0.00 180.00 11111 116913 01/06/11 221 LORAL LANDSCAPING, INC 2545302 SUNLAND 0.00 203.00
11111 116913 01/06/11 221 LORAL LANDSCAPING, INC 2475302 KERWIN RANCH 0.00 311.00 11111 116913 01/06/11 221 LORAL LANDSCAPING, INC 2725302 BELLGROVE 0.00 1,598.00 11111 116913 01/06/11
221 LORAL LANDSCAPING, INC 2535302 LEGENDS 0.00 158.00 11111 116913 01/06/11 221 LORAL LANDSCAPING, INC 2735302 GATEWAY 0.00 203.00 TOTAL CHECK 0.00 4,360.00 11111 116914 01/06/11 79
MUNISERVICES LLC 1118101 SUTA SRVC PE 06/30/10 0.00 1,748.82 25
SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 01/24/2011 CITY OF SARATOGA ACCTPA21 TIME: 14:00:24 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110106 00:00:00.000’
ACCOUNTING PERIOD: 7/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT 11111 116915
01/06/11 110 NBS−GOVT FINANCE GROUP 1118101 ADMIN FEES 0.00 318.67 11111 116916 01/06/11 135 NORTH BAY BLDG MAINTENAN 6246202 WKLY SVC 12/5−12/11 0.00 190.00 11111 116916 01/06/11 135
NORTH BAY BLDG MAINTENAN 6246202 WKLY SVC 12/12−12/18 0.00 456.00 TOTAL CHECK 0.00 646.00 11111 116917 01/06/11 540 ORCHARD SUPPLY 6246202 SUPPLIES − FACILITIES 0.00 53.46 11111 116918
01/06/11 918 O’REILLY AUTO PARTS 6235202 PARTS − STREETS 0.00 9.93 11111 116918 01/06/11 918 O’REILLY AUTO PARTS 6235202 PARTS − STREETS 0.00 51.78 11111 116918 01/06/11 918 O’REILLY
AUTO PARTS 6235202 PARTS − STREETS 0.00 40.38 11111 116918 01/06/11 918 O’REILLY AUTO PARTS 6235202 PARTS − STREETS 0.00 18.49 TOTAL CHECK 0.00 120.58 11111 116919 01/06/11 173 PACIFIC
GAS & ELECTRIC 1115301 PARKS/OPEN SPACE 0.00 55.20 11111 116920 01/06/11 500 PAMELA ROPER 1113101 REFND−PENALTY WAIVER 0.00 100.00 11111 116921 01/06/11 890 PEELLE TECHNOLOGIES, INC
4149412−002 SCANNING/CDD_100510 0.00 671.14 11111 116921 01/06/11 890 PEELLE TECHNOLOGIES, INC 1114101 SCANNING/SARA−FICHE 0.00 6,870.34 11111 116921 01/06/11 890 PEELLE TECHNOLOGIES,
INC 4149412−003 SCANNING/CTY ATTORNEY 0.00 2,658.38 TOTAL CHECK 0.00 10,199.86 11111 116922 01/06/11 669 PRO−CAL TRUCK REPAIR 6235202 VEH REPAIR/PARTS 0.00 909.88 11111 116923 01/06/11
652 PTM DOCUMENT SYSTEMS 1113101 2010 W2 & 1099 FORMS 0.00 64.26 11111 116924 01/06/11 388 RATRA, RICK 6235202 PROPANE 0.00 38.46 11111 116925 01/06/11 410 RICH VOSS TRUCKING INC 4119111−001
SAND DELIVERY 0.00 193.00 11111 116926 01/06/11 87 SAN JOSE WATER COMPANY 1115301 PARKS/OPEN SPACE 0.00 126.83 11111 116927 01/06/11 1 SANTA CLARA COUNTY VECTO 1118101 ASSESSMENT FY10−11
0.00 273.78 11111 116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 114.24 11111 116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00
76.16 11111 116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 304.64 11111 116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 122.40
11111 116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 122.40 11111 116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 34.00 11111
116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 54.40 11111 116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 138.72 11111 116929
01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 46.24 11111 116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 242.76 11111 116929 01/06/11
729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 127.16 11111 116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 46.24 11111 116929 01/06/11 729
SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 184.96 11111 116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTURCTOR − DANCE 0.00 40.80 11111 116929 01/06/11 729 SARATOGA
SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 138.72 11111 116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 231.20 26
SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 01/24/2011 CITY OF SARATOGA ACCTPA21 TIME: 14:00:24 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110106 00:00:00.000’
ACCOUNTING PERIOD: 7/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT 11111 116929
01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 163.20 11111 116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 138.72 11111 116929 01/06/11
729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 46.24 11111 116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 40.80 11111 116929 01/06/11 729
SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 138.72 11111 116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 46.24 11111 116929 01/06/11 729 SARATOGA
SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 46.24 11111 116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 184.96 11111 116929 01/06/11 729 SARATOGA SCHOOL
OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 46.24 11111 116929 01/06/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 46.24 TOTAL CHECK 0.00 2,922.64 11111 116930 01/06/11
69 SASCC 1118301 CDBG GRANT Q3/11 0.00 7,137.00 11111 116930 01/06/11 69 SASCC 1118301 OP SUPPORT Q3/11 0.00 5,250.00 11111 116930 01/06/11 69 SASCC 1118301 SUPPLEMENTAL Q3/11 0.00 4,500.00
11111 116930 01/06/11 69 SASCC 1118301 ADULT DAYCARE Q3/11 0.00 984.00 TOTAL CHECK 0.00 17,871.00 11111 116931 01/06/11 136 SCOTTY’S AUTOMOTIVE 6235202 REPLACE BELTS−VEH#107 0.00 162.57
11111 116931 01/06/11 136 SCOTTY’S AUTOMOTIVE 6235202 REPLACE BELTS−VEH#110 0.00 162.57 TOTAL CHECK 0.00 325.14 11111 116932 01/06/11 500 SHRED−IT SAN FRANCISCO 1112201 80 BANKER BOXES
0.00 707.20 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN−COM DEV 0.00 115.20 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN−LITIG MGMT 0.00
57.60 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN−OFC/CTY CNCL 0.00 2,707.20 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN−PUBLIC WORKS
0.00 499.20 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN−CTY CLRK OFC 0.00 134.40 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN−CIRC ELEMENT
0.00 441.60 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN−CITY MGR OFC 0.00 3,705.60 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN−NON DPT
FDEX 0.00 49.76 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN−MED MARIJUAN 0.00 153.60 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN−WESTLAW
0.00 165.66 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN−ADMIN SRVCS 0.00 268.80 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN−CODE ENF 0.00
19.20 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN−PLANNING COM 0.00 729.60 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 ANNUAL ZONING CLEANUP 0.00
5,184.00 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 GENLGL−CIRC ELEMENT 0.00 49.50 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 CODE ENF − DUTTA 0.00 2,340.00
11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 4329274−001 CEQA−DEANZA TRAIL 0.00 1,766.12 11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 1118201 QUARRY ACQUISITION 0.00 1,376.60
11111 116933 01/06/11 154 SHUTE MIHALY & WEINBERGE 4319152−002 QUITO ROAD BRIDGES 0.00 606.00 TOTAL CHECK 0.00 20,369.64 11111 116934 01/06/11 160 SIERRA PACIFIC TURF SUPP 1115301 SUPPLIES
− PARKS 0.00 59.00 11111 116934 01/06/11 160 SIERRA PACIFIC TURF SUPP 1115301 FERTILIZER − PARKS 0.00 1,347.39 11111 116934 01/06/11 160 SIERRA PACIFIC TURF SUPP 1115301 RYEGRASS SEED/PARKS
0.00 806.27 11111 116934 01/06/11 160 SIERRA PACIFIC TURF SUPP 1115301 RYEGRASS SEED − PARKS 0.00 610.71 TOTAL CHECK 0.00 2,823.37 11111 116935 01/06/11 253 STEVE BENZING ARCHITECT 6118401
EVACATION MAPS 0.00 525.00 27
SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 01/24/2011 CITY OF SARATOGA ACCTPA21 TIME: 14:00:24 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110106 00:00:00.000’
ACCOUNTING PERIOD: 7/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT 11111 116936
01/06/11 688 THE CONSULTING TEAM, LLC 1112301 COACHING 12/10 0.00 787.50 11111 116937 01/06/11 377 UNITED SITE SERVICES 1115301 FENCE RNTL−K.MORAN PK 0.00 74.33 11111 116938 01/06/11
385 UNIVERSAL SWEEPING SERVI 1115103 MTHLY ST SWEEP 12/10 0.00 7,489.00 11111 116939 01/06/11 557 VAVRINEK, TRINE, DAY & C 1113101 AUDIT SERVICES−11/10 0.00 4,050.00 11111 116940 01/06/11
901 WAXIE SANITARY SUPPLY 6246202 JANITORIAL SUPPLIES 0.00 840.94 11111 116941 01/06/11 408 WCBS − WEST COAST BUILDI 1115301 LIBRARY 12/10 0.00 100.00 11111 116941 01/06/11 408 WCBS
− WEST COAST BUILDI 1115301 C. SPRINGS PARK 12/10 0.00 175.00 11111 116941 01/06/11 408 WCBS − WEST COAST BUILDI 1115301 EL QUITO PARK 12/10 0.00 175.00 11111 116941 01/06/11 408 WCBS
− WEST COAST BUILDI 1115301 WILDWOOD PARK 12/10 0.00 175.00 11111 116941 01/06/11 408 WCBS − WEST COAST BUILDI 1115301 KEVIN MORAN PARK12/10 0.00 175.00 TOTAL CHECK 0.00 800.00 11111
116942 01/06/11 432 WEST VALLEY COLLECTIONS 1115301 BIN−C SPRINGS 09/10 0.00 287.87 11111 116942 01/06/11 432 WEST VALLEY COLLECTIONS 1115301 BIN−C SPRINGS 12/10 0.00 287.87 11111 116942
01/06/11 432 WEST VALLEY COLLECTIONS 1115301 BIN−13650 SARATOGA 0.00 720.21 TOTAL CHECK 0.00 1,295.95 11111 116943 01/06/11 446 ZAP MANUFACTURING, INC 4119111−002 SUPPLIES− STREETS 0.00
300.00 11111 116944 01/06/11 447 ZEE MEDICAL SERVICE 1114101 FIRST AID SUPPLY−CDD 0.00 107.28 TOTAL CASH ACCOUNT 0.00 152,917.91 TOTAL FUND 0.00 152,917.91 TOTAL REPORT 0.00 152,917.91
28
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 01/24/2011 CITY OF SARATOGA ACCTPA21 TIME: 14:13:59 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110114 00:00:00.000’
ACCOUNTING PERIOD: 7/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT 11111 116945
01/14/11 234 A T & T 6246202 SUPERTRUNK 0.00 461.12 11111 116945 01/14/11 234 A T & T 6246202 PROSPECT CTR ALARMS 0.00 407.44 TOTAL CHECK 0.00 868.56 11111 116946 01/14/11 27 ABAG PLAN
CORPORATION 6118499 CLAIM GL060810 0.00 15,084.82 11111 116947 01/14/11 546 ABAG POWER PURCHASING 6246202 GAS SVC12/10 &TRUE UP 0.00 1,531.18 11111 116948 01/14/11 56 ACE FIRE EQUIPMENT
& SVC 1117102 EMERGENCY PREP SUPLY 0.00 245.81 11111 116949 01/14/11 911 ALLIED ENGINEERING COMPA 4119121−001 DESIGN SRV/3RD−OAK ST 0.00 5,346.00 11111 116950 01/14/11 314 BAY TELECOM
6223201 LABOR − PHONE LINES 0.00 115.00 11111 116951 01/14/11 99 CAMPBELL UNION HIGH SCHO 1116101 PROSPECT FLD RENTAL 0.00 752.50 11111 116952 01/14/11 825 CANDACE TROY 1116101 INSTRUCTOR
− ART 0.00 750.75 11111 116953 01/14/11 500 CARROL HU 1114102 GENERAL PLAN MAINT. 0.00 75.81 11111 116953 01/14/11 500 CARROL HU 1114201 DOCUMENT STORAGE FEE 0.00 1.50 11111 116953 01/14/11
500 CARROL HU 1114201 ELECT/PLUMBING PERMIT 0.00 156.00 11111 116953 01/14/11 500 CARROL HU 1114201 CBSC FEE 0.00 2.00 TOTAL CHECK 0.00 235.31 11111 116954 01/14/11 692 CBSC 1114201
CBSC FEES Q4/10 0.00 375.30 11111 116955 01/14/11 130 CDW GOVERNMENT 6323202 SUPPLIES−CARTRIDGE 0.00 87.40 11111 116956 01/14/11 179 CIM AIR, INC 4139333−005 REPLCE EXHAUST FAN 0.00
2,892.71 11111 116956 01/14/11 179 CIM AIR, INC 6246202 HVAC REPAIRS 0.00 275.00 TOTAL CHECK 0.00 3,167.71 11111 116957 01/14/11 921 CITY OF MONTE SERENO 1111101 2011 MAYORS/MGRS MTGS
0.00 300.00 11111 116957 01/14/11 921 CITY OF MONTE SERENO 1112101 2011 MAYORS/MGRS MTGS 0.00
300.00 TOTAL CHECK 0.00 600.00 11111 116958 01/14/11 229 COAST OIL COMPANY LLC 6235202 UNLEADED/DIESEL 0.00 3,930.93 11111 116959 01/14/11 235 COMCAST 6223201 MTHLY SVC 12/26−01/25 0.00
104.95 11111 116960 01/14/11 494 COMCAST 6223201 HIGH SPEED INTERNET 0.00 69.90 11111 116961 01/14/11 500 DAVID BRAUNSTEIN 1117101 PARKING CIT DISMISSED 0.00 55.00 11111 116962 01/14/11
247 DEPARTMENT OF CONSERVATI 1114201 SMIP FEES Q4/10 0.00 810.95 11111 116963 01/14/11 355 DURAN & VENABLES, INC. 411 RETENTION PYMT PO#66 0.00 2,987.50 11111 116964 01/14/11 500 DUSAN
NENADIC 111 REFUND − FACILITY 0.00 300.00 11111 116965 01/14/11 390 ELECTRICAL DISTRIBUTORS 1115301 FLUOR LAMP−LIBARY 0.00 7.79 11111 116965 01/14/11 390 ELECTRICAL DISTRIBUTORS 4119111−001
SUPPLIES − STREETS 0.00 1,595.05 29
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 01/24/2011 CITY OF SARATOGA ACCTPA21 TIME: 14:13:59 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110114 00:00:00.000’
ACCOUNTING PERIOD: 7/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT TOTAL CHECK 0.00
1,602.84 11111 116966 01/14/11 419 EVENT SERVICES 1115301 MTHLY RNTL−WVC 12/10 0.00 152.95 11111 116967 01/14/11 454 GACHINA LANDSCAPE MANAGE 4119111−001 ALOHA/HWY9−01/10 0.00 390.00
11111 116968 01/14/11 455 GARDENLAND POWER EQUIPME 1115301 SUPPLIES − PARKS 0.00 5.60 11111 116968 01/14/11 455 GARDENLAND POWER EQUIPME 1115301 SUPPLIES − PARKS 0.00 198.72 TOTAL CHECK
0.00 204.32 11111 116969 01/14/11 680 GAS EQUIPMENT SYSTEMS, I 6235202 RPR−CNG PUMP/CORPYARD 0.00 557.23 11111 116970 01/14/11 742 GIULIANI & KULL, INC 111 MORRISON/SUMMER HILLS 0.00
600.00 11111 116971 01/14/11 489 HORIZON DISTRIBUTORS, IN 6315203 FERTILIZER − PARKS 0.00 3,277.49 11111 116972 01/14/11 747 HOUSING TRUST OF SANTA C 1118301 SUPPORT Q3/11 0.00 6,250.00
11111 116973 01/14/11 63 INTERSTATE TRAFFIC CONTR 4119111−002 SUPPLIES − STREETS 0.00 1,387.48 11111 116973 01/14/11 63 INTERSTATE TRAFFIC CONTR 4119121−001 SUPPLIES − STREETS 0.00 399.72
11111 116973 01/14/11 63 INTERSTATE TRAFFIC CONTR 4119111−002 SUPPLIES − STREETS 0.00 811.32 11111 116973 01/14/11 63 INTERSTATE TRAFFIC CONTR 4119111−002 SUPPLIES − STREETS 0.00 963.59
11111 116973 01/14/11 63 INTERSTATE TRAFFIC CONTR 4119121−001 SUPPLIES − STREETS 0.00 181.90 TOTAL CHECK 0.00 3,744.01 11111 116974 01/14/11 917 JOSON FENCE 2775302 RPR GATE/BIG BASIN
WY 0.00 166.00 11111 116975 01/14/11 123 KELEX SECURITY 6246202 REPAIR−CIVIC THEATRE 0.00 185.00 11111 116976 01/14/11 903 KITCHEN WORLD LLC 4139333−005 COOLER−JPCC KITCHEN 0.00 3,045.13
11111 116977 01/14/11 212 LIVINGSTONE, JOHN 1114101 SCCAPO MTG 01/11 0.00 15.00 11111 116978 01/14/11 500 LORI TARTER 111 REFUND − FACILITY 0.00 300.00 11111 116979 01/14/11 500 MARILYN
MARILYN HUNSICKER 1116101 REFUND − ACTIVITY 0.00 78.00 11111 116980 01/14/11 499 CARPENTERS LOCAL 2236 (M 111 DED:3000 DUES 0.00 320.00 11111 116981 01/14/11 500 MISCELLANEOUS VENDORS
A− 1114201 SMIP RESIDENTIAL 0.00 2.66 11111 116981 01/14/11 500 MISCELLANEOUS VENDORS A− 1118101 SUPPLEMNT BUS LICENSE 0.00 23.40 11111 116981 01/14/11 500 MISCELLANEOUS VENDORS A− 4119111−001
ROAD IMPACT FFES 0.00 204.82 11111 116981 V 01/14/11 500 MISCELLANEOUS VENDORS A− 1114201 SMIP RESIDENTIAL 0.00 −2.66 11111 116981 V 01/14/11 500 MISCELLANEOUS VENDORS A− 1118101 SUPPLEMNT
BUS LICENSE 0.00 −23.40 11111 116981 V 01/14/11 500 MISCELLANEOUS VENDORS A− 4119111−001 ROAD IMPACT FFES 0.00 −204.82 11111 116981 V 01/14/11 500 MISCELLANEOUS VENDORS A− 1111101 FACILITY
SALES RCPT 0.00 −517.50 11111 116981 01/14/11 500 MISCELLANEOUS VENDORS A− 1111101 FACILITY SALES RCPT 0.00 517.50 TOTAL CHECK 0.00 0.00 11111 116982 01/14/11 79 MUNISERVICES LLC 1118101
BUS LISENSE/PPE 12/29 0.00 7,401.80 11111 116983 01/14/11 500 NINOUS AGHASSI 111 111 REFUND − FACILITY 0.00 300.00 30
SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 01/24/2011 CITY OF SARATOGA ACCTPA21 TIME: 14:13:59 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110114 00:00:00.000’
ACCOUNTING PERIOD: 7/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT 11111 116984
01/14/11 135 NORTH BAY BLDG MAINTENAN 6246202 WKLY SVC 12/19−12/25 0.00 779.00 11111 116984 01/14/11 135 NORTH BAY BLDG MAINTENAN 6246202 WKLY SVC 12/26−12/31 0.00 684.00 TOTAL CHECK
0.00 1,463.00 11111 116985 01/14/11 1 OFF OF SHERIFF−FISCAL SV 1117101 LAW ENFORCEMENT 01/11 0.00 354,429.00 11111 116986 01/14/11 145 OFFICE DEPOT INC. 1115101 OFFICE SUPPLIES 0.00
38.04 11111 116986 01/14/11 145 OFFICE DEPOT INC. 1118101 OFFICE SUPPLIES 0.00 33.96 TOTAL CHECK 0.00 72.00 11111 116987 01/14/11 777 O’GRADY PAVING, INC. 411 RETENTION HELD−PO#81 0.00
2,200.00 11111 116988 01/14/11 60 ONTRAC 1115201 DELIVERY CHARGES 0.00 5.00 11111 116989 01/14/11 168 ORCHARD SUPPLY HARDWARE− 1115301 SUPPLIES − PARKS 0.00 192.38 11111 116989 01/14/11
168 ORCHARD SUPPLY HARDWARE− 1115201 SUPPLIES − PARKS 0.00 220.69 TOTAL CHECK 0.00 413.07 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 6246202 NATURAL GAS 0.00 55.95 11111 116991
01/14/11 173 PACIFIC GAS & ELECTRIC 1115301 PARKS/OPEN SPACE 0.00 63.78 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 1115301 SARA LIBRARY 0.00 1,588.82 11111 116991 01/14/11 173
PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING 0.00 1,078.66 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 2735302 GATEWAY SERVICE 0.00 9.59 11111 116991 01/14/11 173 PACIFIC GAS
& ELECTRIC 6246202 NATURAL GAS 0.00 63.16 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 6246202 BUILDINGS 0.00 2,450.24 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 1115201 TRAFFIC
SIGNALS 0.00 1,038.60 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 1115201 CITY WIDE ST. LIGHTS 0.00 697.55 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 1115301 PARKS/OPEN SPACE
0.00 587.55 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING 0.00 6,103.03 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 2325302 AZULE LIGHTING 0.00 235.17
11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 2335302 SARAHILLS LIGHTING 0.00 250.03 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 2515302 MCCARTYSVILLE 0.00 17.16 11111 116991
01/14/11 173 PACIFIC GAS & ELECTRIC 2525302 PRIDES CROSSING 0.00 36.51 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 2555302 TRICIA WOODS 0.00 9.17 11111 116991 01/14/11 173 PACIFIC
GAS & ELECTRIC 2715302 BEAUCHAMPS 0.00 49.46 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 2725302 BELLGROVE CIRCLE 0.00 459.06 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 2745302
HORSESHOE DR LNDSCAP 0.00 8.77 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 2755302 QUITO LIGHTING 0.00 1,093.41 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 6246202 BUILDINGS
0.00 5,260.56 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 6246202 NATURAL GAS 0.00 60.61 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 6246202 BUILDINGS 0.00 4,502.55 11111 116991
01/14/11 173 PACIFIC GAS & ELECTRIC 1115201 TRAFFIC SIGNALS 0.00 1,087.52 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 1115201 CITY WIDE ST. LIGHTS 0.00 708.32 11111 116991 01/14/11
173 PACIFIC GAS & ELECTRIC 1115301 PARKS/OPEN SPACE 0.00 844.62 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING 0.00 5,380.16 11111 116991 01/14/11 173 PACIFIC
GAS & ELECTRIC 2325302 AZULE LIGHTING 0.00 235.16 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 2335302 SARAHILLS LIGHTING 0.00 250.03 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC
2515302 MCCARTYSVILLE 0.00 18.82 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 2525302 PRIDES CROSSING 0.00 39.46 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 2555302 TRICIA WOODS
0.00 8.87 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 2715302 BEAUCHAMPS 0.00 43.90 31
SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 01/24/2011 CITY OF SARATOGA ACCTPA21 TIME: 14:13:59 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110114 00:00:00.000’
ACCOUNTING PERIOD: 7/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT 11111 116991
01/14/11 173 PACIFIC GAS & ELECTRIC 2725302 BELLGROVE CIRCLE 0.00 442.35 11111 116991 01/14/11 173 PACIFIC GAS & ELECTRIC 2745302 HORSESHOE DR LNDSCAP 0.00 9.46 11111 116991 01/14/11
173 PACIFIC GAS & ELECTRIC 2755302 QUITO LIGHTING 0.00 1,092.68 TOTAL CHECK 0.00 35,880.74 11111 116992 01/14/11 500 PATRICK BARTON OR OLGA K 1117101 OVER PYMT−CITATION 0.00 55.00 11111
116993 01/14/11 500 PETER MELHUS 1117101 PARKING CIT DISMISSED 0.00 55.00 11111 116994 01/14/11 278 PETROTEK 6235202 FUEL TESTING 12/10 0.00 200.00 11111 116995 01/14/11 652 PTM DOCUMENT
SYSTEMS 1113101 Z−FOLD W/ENVELOPES 0.00 1,277.83 11111 116996 01/14/11 500 RICHARD HORN 1117101 PARKING CIT DISMISSED 0.00 55.00 11111 116997 01/14/11 82 SAN JOSE BLUE PRINT 1114201
PLANS−15595 PEACH HIL 0.00 5.77 11111 116997 01/14/11 82 SAN JOSE BLUE PRINT 1114201 PLANS−HIDDEN HILL RD. 0.00 419.03 TOTAL CHECK 0.00 424.80 11111 116998 01/14/11 98 SARATOGA CHAMBER
OF COMM 1118301 QTRLY PYMT 7/01−9/30 0.00 3,006.00 11111 116998 01/14/11 98 SARATOGA CHAMBER OF COMM 1118301 QTRLY PYMT10/01−12/31 0.00 3,006.00 TOTAL CHECK 0.00 6,012.00 11111 116999
01/14/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 198.80 11111 116999 01/14/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 62.65 11111 116999 01/14/11
729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 82.00 11111 116999 01/14/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 46.24 11111 116999 01/14/11 729
SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 46.24 11111 116999 01/14/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 104.00 TOTAL CHECK 0.00 539.93 11111
117000 01/14/14/11 767 SILVA GRADING & PAVING 411 RETENTION PYMT−PO#69 0.00 2,625.00 11111 117001 01/14/11 884 STAPLES CONTRACT & COMME 1112101 OFFICE SUPPLIES 0.00 61.63 11111 117002
01/14/11 915 STUDIO 1204, INC. 1111201 SUPPLIES − RECREATION 0.00 279.90 11111 117003 01/14/11 500 THOMAS EARNST 1117101 PARKING CIT DISMISSED 0.00 70.00 11111 117004 01/14/11 343 TMT
ENTERPRISES INC 1115301 SUPPLIES − PARKS 0.00 250.56 11111 117005 01/14/11 385 UNIVERSAL SWEEPING SERVI 1115103 SWEEP SVC 12/10 0.00 742.92 11111 117006 01/14/11 402 VISTA LANDSCAPE
& MAINTE 4819111−001 TREE REMOVAL−BOHLMAN 0.00 2,486.00 11111 117006 01/14/11 402 VISTA LANDSCAPE & MAINTE 4819111−001 TREE REMOVAL−PIERCE 0.00 2,468.00 TOTAL CHECK 0.00 4,954.00 11111
117007 01/14/11 902 WEST VALLEY CHARTER LINE 1116101 EXCURSION SVC01/26/11 0.00 896.00 11111 117008 01/14/11 510 WEST VALLEY COMMUNITY SE 1118301 SUPPORT Q3/11 0.00 3,728.25 11111 117009
01/14/11 500 YUCHEN LIU 1117101 OVER PYMT−CITATION 0.00 10.00 32
SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 01/24/2011 CITY OF SARATOGA ACCTPA21 TIME: 14:13:59 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110114 00:00:00.000’
ACCOUNTING PERIOD: 7/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT 11111 117010
01/14/11 447 ZEE MEDICAL SERVICE 1116102 SUPPLIES−COMM CTR 0.00 40.59 11111 117010 01/14/11 447 ZEE MEDICAL SERVICE 1115301 FIRST AID SUPLY−PARKS 0.00 94.39 11111 117010 01/14/11 447
ZEE MEDICAL SERVICE 1115201 FIRST AID SPLY−STREET 0.00 94.39 TOTAL CHECK 0.00 229.37 11111 117011 01/14/11 500 ZVONIMIR SULIC 1117101 PARKING CIT DISMISSED 0.00 55.00 TOTAL CASH ACCOUNT
0.00 482,994.34 TOTAL FUND 0.00 482,994.34 TOTAL REPORT 0.00 482,994.34 33
SARATOGA CITY COUNCIL MEETING DATE: February 2, 2011 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey
SUBJECT: FY 2010/11 Mid-Year Budget Status Report and Budget Adjustment Resolution RECOMMENDED ACTION: Review FY 2010/11 budget status report and proposed budget adjustments, and adopt
resolution approving the City’s FY 2010/11 Operating Budget amendments. REPORT SUMMARY: The City’s fiscal year 2010/11 adopted General Fund operating budget was developed in alignment
with the economic downturn affecting the nation over the last two years, resulting in reduced revenue and expenditure budget appropriations, and the use of fund balance reserves to maintain
city services at normal levels. On the revenue side, property tax, sales tax, vehicle license, transient occupancy, franchise fee, construction and business license tax budgets collectively
reflect a decrease of almost $390,000 from just two years ago in fiscal year 2008/09. Planning, building, and engineering services budgets were also reduced significantly, with current
year revenues budgeted almost $300,000 less than FY 2008/09. Interest income was significantly affected in this recession. The current year revenue budget is almost $270,000 below interest
received two years ago. In FY 2008/09, interest rates began at 2.77%, and averaged over 2% for the year. As of the mid-point of FY 2010/11, LAIF interest rates have fallen to .46% -the
lowest interest rate since the agency began in 1977. (LAIF, the Local Agency Investment Fund, is the State’s investment agency for local governments where the City invests its funds.)
This substantial reduction in interest earnings is due primarily to historic low rates; however an added contributing factor is the decrease in fund balance due to reductions in revenue
receipts and delays in State and County payments, while operating and capital expenditures are ongoing. At mid-year, most revenues are tracking in line with budgeted expectations, with
two notable exceptions. Due to the continued slide in interest rates, the City is likely to receive approximately $30,000 less than the $90,000 budgeted for the year. On the positive
side, the Sheriff’s Office was able to keep the City’s share of operating costs down significantly last year, and as a result was able to reimburse the City $48,000 more than expected
of the prior year’s fees. The Sheriff’s reimbursement was anticipated to be about $125,000, whereas the actual reimbursement was $173,000. The net of these two revenue budget adjustments
is a revenue increase of $18,000, as is shown on the following page. On the expenditure side, most General Fund costs are tracking in line with the budget. A mid-year adjustment is requested
however, for several unplanned claims, legal, and organizational expenses which total $140,000. Again on the positive side, these additional expenses will be offset in part by a budget
34
expenditure reduction. The current year’s budget for Council Member and Measure Q election expenses was adopted at $100,000; however election costs totaled $27,000 less than expected.
The net of these budget adjustments will result in expenditure appropriations increasing by $113,000, as shown below: Revenues Increase in Sheriff’s Office reimbursement revenue $ 48,000
Decrease in Interest Income revenue (30,000) Net Revenue Increase $ 18,000 Expenditures Increase in claims, legal, and organizational expenditures $140,000 Decrease in election expenditures
(27,000) Net Expenditure Increase $113,000 Net Budget Impact $ 95,000 As the unplanned expenditures are more than can be offset by budget savings without service reductions, staff requests
the Council approve a budget adjustment resolution to revise the current year budget to reflect the above increases and decreases to revenues and expenditures. In summary, the proposed
revenue adjustments will increase the General Fund’s adjusted revenue and expenditure budgets by $113,000, with a net funding adjustment of $95,000 from undesignated funds. The General
Fund’s Undesignated Fund Balance will therefore decrease from $1,284,366 to $1,189,366. These changes are summarized in the following schedule: Current Revised Adjusted Proposed Adjusted
Budget Adjustments Budget Revenues 15,317,004 18,000 15,335,004 Fund Balance Uses 1,105,583 95,000 1,200,583 Total Sources 16,422,587 113,000 16,535,587 Less Expenditures 16,397,612
113,000 16,510,612 Total Uses 16,397,612 113,000 16,510,612 Net Operating Budget 24,975 24,975 FISCAL IMPACTS: Upon Council approval, revenue and expenditure operating budget appropriations
will be amended. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Revenue and expenditure budget appropriations will not be amended as recommended ALTERNATIVE ACTION: Council could
provide alternative direction FOLLOW UP ACTION: Staff will post budget adjustment to financial records ATTACHMENTS: Attachment A – Resolution 35
Attachment A RESOLUTION NO. 2011-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2010/11 TO ADJUST REVENUE, EXPENDITURE, AND TRANSFER
APPROPRIATIONS TO REVISED LEVELS WHEREAS, the City’s FY 2010/11 General Fund revenues and expenditures were reviewed at mid-year and projected through year-end to determine estimated
activity for the fiscal year, and; WHEREAS, it was determined that estimated revenues were in alignment with budgeted appropriations, however expenditures would exceed authorized expenditure
budget appropriations due to several unplanned expenditures, and; WHEREAS, it was determined that this would result in an unbalanced budget, and; WHEREAS, the City Council desires to
adopt revenue, expenditure, transfers, and/or use of fund balance appropriations at the revised projection levels, and; WHEREAS, it is necessary to amend the City of Saratoga’s FY 2010/11
budget to adjust revenue and expenditure appropriations and to increase use of undesignated fund balance to be in alignment with the revised projections; NOW THEREFORE, BE IT RESOLVED,
that the City Council of the City of Saratoga hereby amends the Fiscal Year 2010/11 Operating Budget as described in the Council’s Mid Year Budget Status Report; AND BE IT FURTHER RESOLVED,
that the Finance and Administrative Services Director is directed to record these changes into the City’s accounting records in accordance with appropriate accounting practices. The
above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 2nd day of February, 2011 by the following vote: AYES: NOES: ABSENT:
ABSTAIN: ______________________________ Howard A. Miller, Mayor ATTEST: _____________________________ Ann Sullivan, City Clerk 36
1 SARATOGA CITY COUNCIL MEETING DATE: February 2, 2011 AGENDA ITEM: DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor, Recreation & Facilities
Director DIRECTOR: Michael Taylor SUBJECT: Saratoga Library Book Return Overhang Project – Accept Cancellation of Contract with Premier West Interiors and Award Construction Contract
to CRW Industries RECOMMENDED ACTION: Review report and 1. Move to accept the withdrawal of Premier West Interiors from the construction project, rescinding the action of the November
17, 2010 meeting. 2. Move to declare CRW Industries (CRW) of Santa Cruz to be the lowest responsible bidder on the project. 3. Move to accept bid and authorize the City Manager to enter
into a construction contract to CRW Industries (CRW) in the amount of $49,786. 4. Move to authorize staff to execute change orders to the contract up to $4,980. REPORT SUMMARY: In 2003,
the Council assigned the Library Commission to make recommendations for use of the remaining funds funds left from the Library Construction Project. These funds can be used for capital
projects to the library with a life longer than one year, but not for maintenance. The Library Commission identified several improvement projects to be included in the Library Capital
Improvement Fund (LCIF). Among them was constructing a cover over the book drop to eliminate glare and provide weather protection. Design of the protective overhang was completed and
three options were presented to the Library staff and to the Library Commission for approval. Staff requested bids for construction of the approved design (Attachment B) from seven qualified
contractors and received three bids (Attachment C). At the November 17, 2010 meeting, Council approved a contract with Premier West Interiors (PWI) of San Jose in the amount of $41,799.
On January 18, 2011, PWI informed staff that they were unable/unwilling to complete the terms of the contract, specifically obtaining the assurance bond as required in Section 19 of
the agreement. Staff contacted the next lowest bidder, CRW Industries, who confirmed their willingness and ability to comply with their original bid. 37
2 DISCUSSION: In light of the withdrawal by PWI, the next lowest bidder for the project is CRW Industries. Staff has contacted CRW and been assured that the original bid of $49,786 will
be honored if the City awards the contract. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: CRW will not be declared the lowest responsible bidder and a construction contract will
not be awarded to that firm. ALTERNATIVE ACTIONS: Council may direct staff to re-bid the project. FISCAL IMPACTS: The cost of this project was included in the 2010-11 Capital Improvement
Project budget (Project Number 9312-002). The cost of this project will not impact the operating budget as no maintenance costs are associated with the book drop overhang after installation.
Project management for installation has already been incorporated in the City’s operating budget. FOLLOW UP ACTION: The contract will be executed and the contractor will be issued a
notice to proceed. Work will begin as soon as possible with completion expected within 90 days. 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 and other public locations each Monday in advance of the Council meeting and residents may subscribe to the agenda online by opting in to
notices at www.saratoga.ca.us. ATTACHMENTS: Attachment A – Contract with CRW of Santa Cruz Attachment B -Library overhang design drawings Attachment C – Bid summary 38
ATTACHMENT A Page 1 of 13 (Rev. 07-10-08) CITY OF SARATOGA SHORT FORM CONSTRUCTION AGREEMENT FOR PROJECTS WITH NO FEDERAL FUNDING Project Name: The new Overhang for the book drop area
at the Main Saratoga Library. THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and CRW Industries, Inc., ("Contractor"),
who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to perform the work described this Agreement; and WHEREAS, City lacks the qualified personnel
to provide the work; and WHEREAS, in accordance with Article 3 of Chapter 2, Part 3, Division 2 (commencing with Section 22030) of the State Public Contract Code and Article 12-15 of
the City of Saratoga Municipal Code the City has solicited informal bids and selected Contractor to perform the work; and WHEREAS, Contractor is duly qualified to provide the work; and
WHEREAS, Contractor is agreeable to providing such work on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED.
Contractor shall perform the work described in Exhibit A ("Work" or “Work”) in strict accordance with all plans, specifications, and other Contract Documents. Contractor is not authorized
to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until Contractor receives a fully executed Agreement from the Administrative Services Department
of the City of Saratoga. The term “Contract Documents” means this Agreement, all documents attached to or otherwise made a part of this Agreement, including but not limited to those
identified in Exhibit A, all certificates of insurance and bonds required by this Agreement, and Section 9 of the State of California, Department of Transportation Standard Specifications
for Construction of Local Streets and Roads (2002) which includes procedures for determination of payments, compensation for extra work by force account, partial payments, and final
payments. Where there is a conflict between the 39
ATTACHMENT A Page 2 of 13 (Rev. 07-10-08) requirements of the several Contract Documents, the more stringent requirements shall govern. 2. TERM. The term of this Agreement commences
on the date last signed below and continues through completion of the Work, unless City terminates the Agreement as provided in Section 10. 3. PAYMENT. City shall pay Contractor for
Work performed in accordance with 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 Contractor in connection with Contractor’s performance of the Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit
B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. CHANGES
IN WORK. A. Contractor shall make no changes in the Work without written direction from the City. Contractor shall not be compensated for any change made without any such written direction.
No changes in the Work covered by this Agreement shall exonerate any surety or any bond given in connection with this Agreement. B. If the City directs the Contractor in writing to make
changes in the Work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following: i. Where the work involved is covered by
unit prices contained in the Contract Documents, by application of unit prices to the quantities involved in the changed Work; ii. By establishment of new unit prices and related quantities
for the changed Work; iii. By a combination of existing and new unit prices and related quantities for the changed Work; or iv. By mutual acceptance of a lump sum. C. If the City directs
the Contractor in writing to make changes in the Work that Contractor demonstrates materially affect the time required to perform the work, the City will make a reasonable adjustment
to the Contract Time. 40
ATTACHMENT A Page 3 of 13 (Rev. 07-10-08) 5. LABOR. A. The Contract is subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 and following), and
Contractor and any subcontractor shall pay not less than the prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of
the Labor Code of the State of California, the City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes
in the vicinity of the Work, a copy of which is on file in the office of the City, and shall be made available for viewing to any interested party upon request. B. As required by Labor
Code Section 1773.8, the Contractor shall pay travel and subsistence payments to each worker needed to perform the Work, as such travel and subsistence payments are defined in the applicable
collective bargaining agreements filed in accordance with Section 1773.8. C. Contractor and any subcontractor shall keep accurate payroll records, in accordance with Section 1776 of
the Labor Code, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid
to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work. D. The Contractor or subcontractor shall, as a penalty to the state or political
subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor
or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation
of the provisions of this article. E. Contractor’s attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by
the Contractor or any subcontractor under the Contractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with
the requirements of said sections
in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations,
ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. F. Pursuant to the requirements of
Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker’s compensation to its employees in accordance with the provisions of Section 3700 of the
Labor Code. Prior to 41
ATTACHMENT A Page 4 of 13 (Rev. 07-10-08) commencement of work, the Contractor shall sign and file with the Administrator a certification in the following form: "I am aware of the provisions
of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions
before commencing the performance of the work of this contract." 6. LICENSE REQUIREMENT. Contractor’s attention is directed to Business and Professions Code Sections 7000 et seq. concerning
the licensing of contractors. At the time Contractor submits its bid to the City and all times Contractor is performing the Work, Contractor shall have a valid license issued by the
Contractors State License Board in the classification stated in the Special Provisions. Contractor and all subcontractors shall be licensed in accordance with the laws of this State
and any contractor or subcontractor not so licensed is subject to penalties imposed by such such laws. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’
STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE
ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING
A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826. 7. TIME. Time is of the essence of this Agreement. Contractor
shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of work. Contractor shall coordinate its work with that
of all other contractors, subcontractors and suppliers so as not to delay or damage their performance. It is further agreed that in case Contractor fails to complete the Work in all
parts and requirements within the Contract Time set forth in Exhibit A, the City shall have the right to extend the Contract Time or not, as may seem best to serve the interest of the
City; and if it decides to extend the Contract Time, City shall further have the right to charge to the Contractor, its heirs, assigns or sureties, and to deduct from the payment for
the Work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the Contract,
and which accrue during the period of such extension. In the event that Contractor's work is delayed for any reason, including acts of City, Contractor's sole remedy shall be an extension
of time equal to the period of delay, provided Contractor 42
ATTACHMENT A Page 5 of 13 (Rev. 07-10-08) has given City written notice of the commencement of delay within 48 hours of its occurrence. If the City accepts any work or makes any payment
under this Agreement after a default by reason of delays, the payment or payments shall in no respect constitute a waiver or modification of any Agreement provisions regarding time of
completion and liquidated damages. 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 e-mail. 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 the
Parties at the addresses set forth in Exhibit A until specified otherwise in writing. 9. ASSIGNMENT AND SUBCONTRACTING. A. Contractor shall give personal attention to the performance
of the Contract and shall keep the Work under its control. B. For the purposes of administering this agreement no subcontractors will be recognized by the City as such, and all persons
engaged in the work of construction will be considered by the City as employees of the Contractor, who will be held responsible for their work which shall be subject to the provisions
of the Contract and specifications. C. No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code Sections 1771.1 or 1777.7 can bid on,
be awarded or perform work as a subcontractor on the Project. The Contractor is prohibited from performing work on the Project with a subcontractor who is ineligible to perform work
on a public works project under these sections of the Labor Code. D. When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory
to the City, the subcontractor shall be removed immediately on the request of the City and shall not again be employed on the work. E. Contractor may not assign performance of the Contract
except upon written consent of the City. 43
ATTACHMENT A Page 6 of 13 (Rev. 07-10-08) 10. TERMINATION. A. Should Contractor fail within five (5) working days from receipt of City's written notice to correct any contractual deficiencies,
including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to comply with the directions of City, or failure to pay its creditors, City
may terminate this Agreement for default. Following a termination for default, City shall have the right to take whatever steps it deems necessary to correct and complete the work and
charge the cost thereof to Contractor, who shall be liable for the full cost of City's corrective action, including reasonable overhead, administrative costs, and attorneys' fees. B.
City may at any time terminate the Contract at City's convenience upon five days written notice to Contractor; in the event of termination for convenience, Contractor shall recover only
the amount due under the contract for Work completed to the date of termination in accordance with the Contract Documents, less amounts paid to date. Contractor shall not be entitled
to any claim or lien against City for any additional compensation or damages in the event of such termination. C. If City terminates Contractor for cause, and if it is later determined
that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled
to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential
damages or lost profits. 11. HOLD HARMLESS AND INDEMNIFICATION. A. The City of Saratoga and all officers, employees, and agents thereof connected with the Work, shall not be answerable
or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed
employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of the City's officers
or employees. B. To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless the City, its elected and appointed officials, employees and agents, from
all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs, resulting from injury to or death
sustained by any person (including Contractor's employees and subcontractors), or damage to property of any kind, or any other injury or damage whatsoever, which injury, 44
ATTACHMENT A Page 7 of 13 (Rev. 07-10-08) death or damage arises out of or is in any way connected with the performance of the Work, regardless of the Contractor’s fault or negligence,
including any of the same resulting from City’s alleged or actual negligent act or omission, or its agents, contractors or employees; except that said indemnity shall not be applicable
to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, its constituent entities, its and their officers, agents, or servants
who are directly responsible to City. This indemnification shall extend to claims asserted after termination of this Contract for whatever reason. C. In addition to any remedy authorized
by law, as much of the money due the Contractor under and by virtue of the contract as shall be considered necessary by the City, may be retained by the City until disposition has been
made of such suits or claims for damage. 12. CLAIMS. If any dispute shall arise between City and Contractor regarding performance of the work, or any alleged change in the work, Contractor
shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to City within ten (10) days after commencement of the disputed
work. Contractor's failure to give written notice within the ten (10) day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work.
Disputes arising under this Agreement shall be resolved in accordance with the procedures set forth in Section 20104.50 of the Public Contract Code. 13. LAWS TO BE OBSERVED. A. Contractor
shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority
over the same. B. Contractor shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with, all such existing and future laws,
ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the City, and all officers and
employees thereof connected with the Work, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by
the City's representative or their employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for the work in relation to any such
law, ordinance, regulation, order or decree, Contractor shall forthwith report the same to the Administrator in writing. 45
ATTACHMENT A Page 8 of 13 (Rev. 07-10-08) 14. RECORDS AND AUDITS. A. Contractor and its subcontractors shall establish and maintain records pertaining to this contract. Contractor’s
and subcontractors’ accounting systems shall conform to generally accepted accounting principles, and all records shall provide a breakdown of total costs charged under this contract,
including properly executed payrolls, time records, invoices and vouchers. B. Contractor shall permit City and its authorized representatives to inspect and examine Contractor’s books,
records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor
pursuant to this contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine
said books, records, accounts, and data during the three (3) year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate
said books, records, accounts, and data in any manner whatever for three (3) years after the termination of this Contract. C. Pursuant to California Government Code Section 10532, the
parties to this Contract shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final
payment under the contract. The examination and audit shall be confined to those matters connected with the performance of this contract including, but not limited to, the cost of administering
the contract 15. INSPECTION AND PROTECTION OF WORK. A. Contractor shall make the Work accessible at all reasonable times for inspection by the City. Contractor shall, at the first opportunity,
inspect all material and equipment delivered to the jobsite by others to be used or incorporated in the Contractor's work and give prompt notice of any defect therein. Contractor assumes
full responsibility to protect the work done hereunder until final acceptance by the City. B. When the Work is completed, Contractor shall request, in writing, a final inspection. Within
ten (10) days of the receipt of such request, the City shall make a final inspection. The Contractor or its representatives may be present at the final inspection. The purpose of such
final inspection shall be to determine whether the Work has been completed in accordance with the Contract Documents, including all change orders and all interpretations and instructions
previously issued. 46
ATTACHMENT A Page 9 of 13 (Rev. 07-10-08) 16. UTILITY FACILITIES. A. The Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated
or otherwise rearranged. B. If Contractor while performing the Work discovers utility facilities not identified in the Contract Documents, Contractor shall immediately notify the City
and the utility provider. City shall arrange the removal, relocation, or protection of existing main or trunk line utility facilities located at the site of the Work but not identified
in the Contract. C. If the Contractor is required to locate, repair damage not due to the Contractor’s failure to exercise reasonable care, and remove or relocate existing main or trunk
line utility facilities, it shall be compensated under the Changes section of this Contract, including payment for equipment on the Project necessarily idled during such work. D. Contractor
will not be entitled to damages or additional payment for delays caused solely by the failure of City, or the utility provider, to provide for removal or relocation of existing main
or trunk line utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work. E. Contractor shall not be assessed liquidated damages
for delay in completing the Work solely attributable to the failure of City, or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility
facilities not indicated in the Contract Documents with reasonable accuracy. F. The right is reserved by the City and its authorized agents, to enter the job for the purpose of making
such changes as are necessary for the rearrangement of its facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged
in such work and shall conduct operations in such a manner as to avoid any delay or hindrance to the work being performed by such other forces. G. Attention is directed to the possible
existence of underground facilities not known to the City, or in a location different from that which is shown on the plans or in the Special Provisions. The Contractor shall take all
steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including
but not limited to calling USA utility locator service to mark utilities. 47
ATTACHMENT A Page 10 of 13 (Rev. 07-10-08) 17. DIFFERING SITE CONDITIONS. A. The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing
of any: 1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class
II, or Class III disposal site in accordance with provisions of existing law; 2) Subsurface or latent physical conditions at the site differing materially from those indicated by information
about the site made available to bidders prior to the deadline for submitting bids; or 3) Unknown physical conditions at the site of any unusual nature, differing materially from those
ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. B. The City shall promptly investigate the conditions, and if it finds
that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any
part of the Work, it shall issue a change order under the provisions described in the Contract Documents. C. No claim of the Contractor under this clause shall be allowed unless the
Contractor has given the notice required in the Contract Documents. D. In the event a dispute arises between the City and the Contractor as to whether the conditions materially differ,
or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from
completing the Work as provided in the Contract Documents. The Contractor shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights
provided either by this Contract or by law which pertain to the resolution of disputes and protests. 18. WAIVERS OF LIEN. Contractor shall submit a complete list of major suppliers and/or
subcontractors who will be providing material and/or labor for the performance of the Work. Contractor shall submit with each payment request waivers of lien from each major supplier
and/or subcontractor that meet the requirements of Civil Code Section 3262. 48
ATTACHMENT A Page 11 of 13 (Rev. 07-10-08) 19. BONDS AND INSURANCE. A. Bonds. For contracts in excess of $25,000 Contractor shall, within ten (10) days after being notified of the award
of the contract, and before the City will execute the agreement for construction or issue a Notice to Proceed, furnish and file with the City Performance and Payment Surety bonds as
set forth below. All bonds shall be issued and duly executed by a responsible corporate surety listed in the United States Department of the Treasury circular entitled “Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies,” authorized to do business in the State of California and acceptable to City.
1. Contractor shall submit a Performance bond on the form provided with the Contract Documents, conditioned upon the faithful performance by the Contractor of all requirements of the
Contract Documents. This bond shall be in a sum no less than one hundred percent (100%) of the total total Contract Price. 2. Contractor shall also submit a Payment Surety bond on the
form provided with the Contract Documents that in all respects complies with Civil Code sections 3247-3252, inclusive. This bond shall be in a sum no less than one hundred percent (100%)
of the Contract Price. B. Insurance. Contractor shall obtain, at its sole cost and expense, all insurance required by Exhibit D to this Agreement. Certificates of such insurance and
copies of the insurance policies and endorsements shall be delivered to City within ten (10) days after being notified of the award of the contract, and before execution of the agreement
by the City. 20. GENERAL TERMS. A. 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, Contractor is entitled to subcontract such portions of the work to
be performed under this Agreement as may be specified by City. B. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor 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. 49
ATTACHMENT A Page 12 of 13 (Rev. 07-10-08) C. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances
which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. D. Contractor assures and agrees
that Contractor 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 nonmerit factors be excluded from participating in, be denied
the benefits of, or be otherwise subjected to discrimination under this Agreement. E. Contractor 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. F. Except as otherwise provided by law, if any arbitration or 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. G. 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. H. If any part of this Agreement is found to be in 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. I. Contractor understands and agrees that there is no representation, implication, or understanding
that the City will request that Work performed by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination
of this Agreement. J. 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. 50
ATTACHMENT A Page 13 of 13 (Rev. 07-10-08) K. This Agreement incorporates the documents attached hereto as Exhibits and supersedes any and all agreements, either oral or written, between
the parties hereto with respect to Contractor's completion of the 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 party, 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. IN WITNESS WHEREOF, the parties
hereto have executed this Agreement. City of Saratoga Contractor By: _________________________ Dave Anderson, City Manager Date: ________________________ By: _________________________
Bill Burr, CRW, RMO Date: ________________________ Attest: __________________________ Ann Sullivan, City Clerk Date: ________________________ Approved as to Form: __________________________
Richard Taylor, City Attorney Date: ________________________ Attachments Exhibit A --Work Exhibit B – Payment Exhibit C – Special Conditions Exhibit D --Insurance Requirements /51
ATTACHMENT A Exhibit A --Page 1 of 3 Exhibit A Scope of Work Summary of Work to be Performed: At the Main Saratoga Library the Contractor is to install a new overhang for the book drop
area as noted by the attached plans and as directed by Thomas Scott. The project will begin after the Contractor has all of the needed materials and all of the approvals for the project.
The Contractor will need to obtain both the City and the Fire Department permits for this project before any construction begins. The Contractor will do all elements of the project as
noted on the Steve Benzing plans for this project. In the event of a conflict between the terms of this Agreement the attached bid breakdown form or the project plan set the terms of
this Agreement shall apply. Contract Time: Contractor shall complete this project before July 1, 2011. Work to be Performed: The Work is described in the following documents which are
incorporated into and hereby made a part of this Agreement: • The Bid Breakdown form dated 10/28/2010. • The Steve Benzing plan set for this project dated August 24, 2010. Contractor
shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently
and fully perform and complete the work. Warranty: Contractor warrants to City that all materials and equipment furnished shall be new, free from faults and defects and of good quality.
Contractor hereby warrants its work against all deficiencies and defects for 12 months or the longest period permitted by the law of this State, whichever is more, or as otherwise provided
in the Contract Documents. Contract Administration: This Agreement shall be administered on behalf of City by Thomas Scott, ("Administrator"). The Administrator has complete authority
to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications
shall be directed to or through the Administrator or Administrator’s designee. 52
ATTACHMENT A Exhibit A --Page 2 of 3 Notices to City pursuant to this Agreement shall be sent in accordance with Section 8 to: Thomas Scott Facilities Maintenance Supervisor City of
Saratoga 19700 Allendale Avenue Saratoga, CA 95070 With a copy to: Ann Sullivan City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Notices to Contractor pursuant to
this Agreement shall be sent in accordance with Section 8 to: CRW Industries, Inc. 399 Encinal Street Suite 104 Santa Cruz, California 95060 Attention: Bill Burr Additional Conditions:
Without limiting the foregoing description of the Work, Contractor’s Work includes, but is not limited to, the following: • Submit all required samples, product data, certificates, operations
and maintenance instructions, guarantees, and other submittals no later than five (5) days after the date the City issues a Notice to Proceed. • Ensure all necessary permits and approvals
for the Work have been obtained. • Protect all materials to be used in the Work
in accordance with the specifications. • Protect existing facilities and personal property. • Contractor will remove from the project site all debris resulting from performance of the
Work no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the site and deduct the cost from the Contract Price.
53
ATTACHMENT A Exhibit A --Page 3 of 3 • Prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holidays when worked,
and submit the reports to the City no later than the next business day. The daily reports shall, at a minimum, include the following information: construction activities and locations,
start or completion of activities, progress on construction activities (including units or portions of work completed), tests or inspections performed, deliveries of material or equipment,
delays or potential delays, visitors to the site, weather conditions, construction equipment used, and personal injuries or damage to property. • The Contractor shall be responsible
for unloading, hoisting and otherwise handling its own materials, supplies and equipment. • The Contractor is responsible for researching and complying with all local codes, agencies
and jurisdictions that regulate and govern the Work. • Contractor shall set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any
authorized agency or applicable code, prior to covering up work. //54
ATTACHMENT A Exhibit B --Page 1 of 2 Exhibit B PAYMENT 1. TOTAL COMPENSATION. City agrees to pay, and Contractor agrees to accept for full performance of the Work, the total price set
forth in the Contractor’s bid breakdown form dated October 28, 2010. All invoices from the Contractor will be billed with the 16 Division breakdowns from the project bid breakdown form,
with each division for the project separated. The total amount paid to Contractor shall not exceed Forty-nine Thousand Seven Hundred and Eighty-six Dollars ($49,786.00) (the “Contract
Price”) subject to adjustments for changes in the Work as may be directed in writing by City. 2. INVOICES. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for work performed prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill
No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining
balance available for all remaining billing periods. d. Each invoice will show less the 10% retention amount except the last invoice. City shall make monthly payments, based on such
invoices, for satisfactory progress in completion of the Work subject to retentions described in this Agreement. 3. ADDITIONAL PAYMENT TERMS. A. Contractor shall submit a final payment
application in the amount of the contract sum upon completion of the Work and satisfaction of all conditions of the Agreement. City shall make payment within 30 days of receipt of application,
less ten percent retention. City shall release the retained funds no less than thirty five (35) days after the date the City accepts the Work. B. Pursuant to Public Contract Code Section
22300, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute securities meeting
the requirements of Public Contract Code Section 22300. 55
ATTACHMENT A Exhibit B --Page 2 of 2 C. Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, and other documents, in form satisfactory to
City, prior to receipt of any payment. Contractor shall submit Conditional and Unconditional waivers and release of lien (as provided in Civil Code Section 3262) on behalf of itself
and suppliers that furnished labor, material, equipment or services to the Project. D. Attention is directed to Section 9 of the State of California, Department of Transportation Standard
Specifications for Construction of Local Streets and Roads (2002) which includes procedures for determination of payments, compensation for extra work by force account, partial payments,
and final payments. These provisions are Contract Documents incorporated into this Agreement. E. Charges from Contractor to City will not be honored or paid by City unless the charges
are authorized and approved by City at the time the work is being performed. //56
ATTACHMENT A Exhibit C --Page 1 of 2 Exhibit C Special Provisions 1. LICENSE CLASSIFICATION In accordance with Section 3300 of the Public Contract Code, the City has determined that
the Contractor shall have a Class B (#402484) License at the time it submits its bid to the City and at all times it is performing the Work. 2. LIQUIDATED DAMAGES If Contractor fails
to complete the Work within the Contract Time, the City will sustain damage. The actual occurrence of damages and the actual amount of the damages which the City would suffer if the
Work were not completed within the Contract Time would be impracticable and extremely difficult to determine. Damages the City would suffer in the event of delay include, but are not
limited to, loss of the use of the Work, costs of administration, inspection, supervision and the loss suffered by the public within the City. Accordingly, the parties agree that the
amount herein set forth is a reasonable estimate of the damages which the City shall incur upon failure of the Contractor to complete the Work within the Contract Time: Five Hundred
Dollars per day ($500.00/Day), for each calendar day by which completion of the Work is delayed beyond the Contract Time. Contractor agrees to pay such liquidated damages as herein provided,
and in case the same are not paid, agrees that the City may deduct the amount thereof from any monies due or that may become due to the Contractor under the Contract. Contractor will
not be assessed with liquidated damages or the cost of engineering and inspection during the delay in the completion of the Work caused by acts of God or of the public enemy, fire, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes, provided that the Contractor shall within
five (5) days from the beginning of any such delay notify the Administrator, in writing, of the causes of delay. The Administrator shall ascertain the facts and the extent of delay,
and the Administrator’s findings thereon shall be final and conclusive. 3. COOPERATION AND CARE A. Should construction be under way by the City, other agencies or other contractors within
or adjacent to the limits of the work specified or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with
all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The City reserves the right to perform other or 57
ATTACHMENT A Exhibit C --Page 2 of 2 additional work at or near the site (including material sources) at any time, by the use of other forces. B. Until the final acceptance of the contract,
the Contractor shall have the charge and care of the Work and of the materials to be used therein, including materials for which partial payment has been received. The City shall not
be held responsible for the care or protection of any material or parts of the Work prior to final acceptance, except as expressly provided in the Special Provisions. 4. PROGRESS OF
THE WORK A. Hours of work -Overtime and holidays. The Contractor shall perform all work during the hours of 7:00 a.m. to 3:30 p.m., Monday through Friday unless otherwise specified in
the Special Provisions or authorized by the City in writing. If the Contractor wishes to work during any other hours or on weekends, written permission must be received from the City.
The request must be received at least two (2) working days in advance of any work. No work will be allowed on legal holidays except in the case of an emergency. A listing of holidays
observed by City is on file in the office of the City. If Contractor requests overtime work in which the City will incurs costs, Contractor shall be responsible for payment of the City’s
costs incurred in connection with the overtime work. The City will invoice the Contractor at time and one half to cover the costs incurred. If Contractor does not pay the invoice within
ten days, the City may deduct the amount billed from other payments due or to become due to Contractor under the Contract. B. The Administrator or Administrator’s designee shall have
the authority to suspend the Work, wholly or in part, for such a period as the Administrator may deem necessary. 58
ATTACHMENT A Exhibit D --Page 1 of 3 Exhibit D INSURANCE Pursuant to Section 19 of this Agreement the following insurance requirements apply to Contractor and performance of the Work.
Contractor shall procure and maintain for the duration of the contract, and until the expiration of the warranty period following the final completion and acceptance by the City, insurance
against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor,
his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Form CG 0001 covering Commercial
General Liability on an “occurrence” basis. 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). 3. Workers’ Compensation insurance as required
by the State of California and Employer’s Liability Insurance. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: (Including operations,
products and completed operations.) $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease. 59
ATTACHMENT A Exhibit D --Page 2 of 3 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require
the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Other Insurance Provisions The general
liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, and volunteers are to
be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability
arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability
coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or 07 04 revisions), or as a separate owner’s policy,
or on the City’s own form. 2. For any claims related to this project, the Contractor’s insurance coverage 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 the Contractor’s insurance and shall not
contribute with it. 3. The Insurance Company agrees to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents and employees for losses
paid under the terms of any policy which arise from work performed by the Named Insured for the Agency. This provision also applies to the Contractor’s Workers’ Compensation policy.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice (10
days for non-payment) has been given to the City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise
acceptable to the City. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause.
All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall
not waive the contractor’s 60
ATTACHMENT A Exhibit D --Page 3 of 3 obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications, at any time. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of
said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the City has requested or
received a waiver of subrogation endorsement from the insurer. Claims Made Policies If any of the required policies provide claims-made coverage, the City requires that coverage be maintained
for a period of 5 years after completion of the contract. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of
the risk, prior experience, insurer, coverage, or other special circumstances. P:\SARATOGA\Contracts\11-03-2010 PWI Contract Library Overhang.doc 61
62
Attachment B Saratoga Library Book Drop Glare and Weather Protection Project Bid Summary CRWIndustries Premier West Comfort Construction General Conditions $ 5,726.00 $ 7,857.00 $ 22,772.75
Sitework and Demolition $ 7,800.00 $ 5,705.00 $ 10,900.00 Concrete $ 4,500.00 $ 7,367.00 $ 14,950.00 Masonry $ -$ -$ -Metals $ -$ -$ 1,500.00 Wood and Plastic $ 10,660.00 $ 8,200.00
$ 14,250.00 Thermal and Moisture protection $ 10,500.00 $ 5,710.00 $ 10,690.00 Doors and Windows $ -$ -$ -Painting and Finishes $ 1,500.00 $ 1,710.00 $ 1,650.00 Equipment $ -$ -$ -Furnishings
(planters) $ 2,500.00 $ 1,000.00 $ 1,000.00 Fire alarms and Sprinklers $ 3,500.00 $ 2,565.00 $ 4,440.00 Conveying Systems $ -$ -$ -Mechanical and Plumbing $ 600.00 $ 320.00 $ 2,380.00
Electrical and Lights $ 2,500.00 $ 1,365.00 $ 3,305.00 TOTAL $ 49,786.00 $ 41,799.00 $ 87,837.75 63
SARATOGA CITY COUNCIL MEETING DATE: February 2, 2011 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer
Public Works Director SUBJECT: Highway 9 Safety Improvement Project, Phase III – Approval of Cooperative Agreement, Design Contract and Fund Transfer Agreement RECOMMENDED ACTIONS: 1.
Adopt a resolution authorizing the City Manager to execute a Cooperative Agreement between the City of Saratoga, the Town of Los Gatos, and the City of Monte Sereno for the Highway 9
Safety Improvement Project Phase III. 2. Approve an Independent Contractor Agreement with BKF Engineers for preparation of construction documents for the Highway 9 Safety Improvement
Project Phase III and authorize the City Manager to execute the same. 3. Approve a Fund Transfer Agreement with Caltrans and authorize the City Manager to execute the same. REPORT SUMMARY:
Background The Highway 9 Safety Improvements Project is a multi-jurisdiction effort to improve bicycle and pedestrian safety along this route. The project area consists of an approximately
4.4-mile long stretch of Highway 9 (Saratoga-Los Gatos Road) from Saratoga Avenue in Saratoga, through Monte Sereno to Los Gatos Boulevard in Los Gatos. An ad hoc committee comprised
of two Council Members from each jurisdiction was formed to receive input from the public during several community meetings. Based on the public and ad hoc committee input during these
meetings staff from the three municipalities and engineering consultants from BKF Engineers collaborated to develop a safety Master Plan. The Master Plan includes bicycle facilities
on both sides of Highway 9 and a continuous pedestrian access through the corridor with safe pedestrian crossings where needed. The cost to install all the improvements as shown on the
Master Plan is between 4 and 5 million dollars. Therefore outside funding sources as well as project phasing were necessary. Phase I was created when the City of Monte Sereno was awarded
a federal Congestion Mitigation and Air Quality (CMAQ) grant. It was in the public interest for the cities to work together as a reliable, 64
timely and cost effective means to complete the project, resulting in a Cooperative Agreement depicting roles and responsibilities of each city. Phase I was administered by Los Gatos
and included bicycle lanes on both sides of Highway 9, spot widening and two pedestrian-activated lighted crosswalks. The improvements were completed in 2009. Phase II was developed
after Saratoga received a $900,000 grant from the Highway Safety Improvement Program. The main focus during this phase is to extend pedestrian facilities between Monte Sereno and Saratoga.
This project is currently in the design stage with construction scheduled for fall this year. Discussion An opportunity to create Phase III emerged with the award of a Bicycle Program
grant in the amount of $460,851, pursuant to the Clean Air and Transportation Improvement Act of 1990 (CATIA). The scope of improvements in this phase includes bicycle safety improvements
at the Highway 9 and Austin Way intersection, upgrade of signalized intersections on Highway 9 to include bicycle sensors, and design of a new through bicycle lane to separate the through/right
turn conflict at Highway 9 and Los Gatos Boulevard. Cooperative Agreement Proposed safety improvements included in Phase III are located within the territorial jurisdictions of Saratoga,
Monte Sereno and Los Gatos with a section located in unincorporated Santa Clara County. Similar to previous project phases, a Cooperative Agreement among the three municipalities is
needed to delineate their respective rights and obligations concerning the administration, financing and construction as shown in the attached Cooperative Agreement. Saratoga agreed
to administer the project. Design Contract Attached is the Independent Contractor Agreement with BKF Engineers that includes a cost proposal negotiated with BKF Engineers to provide
engineering services. In addition, the scope of work includes services connected with obtaining encroachment permits from Caltrans and Santa Clara County and assistance during the project
bidding phase. BKF’s proposal for the design work is in the amount of $98,940.A portion of this amount is funded by the grant (only 5% of the grant funds are available for the design),
VTA and Santa Clara County. The remaining $60,466 will be shared among the three cities in proportion to the improvements located in each city. It is estimated that Saratoga will pay
33% or $19,623; Monte Sereno will pay 24% or $14,613 and Los Gatos will pay 43% or $26,230. Since no local share is required for construction, all construction costs will be paid from
the grant funds. Fund Transfer Agreement Grant fund allocation was approved by the California Transportation Commission (CTC) on June 30, 2010. The CTC has executed a Fund Transfer Agreement
(FTA) for the project and authorized the City of Saratoga to proceed with the Design Component. The City is required to execute the FTA in order to receive reimbursement for the design
and construction work. It is therefore recommended that the City Council approve the Cooperative Agreement with Los Gatos and Monte Sereno, the Independent Contractor Agreement with
BKF Engineers, and the Fund Transfer 65
Agreement with the Department of Transportation, and authorize the City Manager to execute the referenced agreements. FISCAL IMPACTS: Saratoga’s share of the Highway 9 Safety Improvement
Project Phase III in the amount of $19,623 is available in the adopted budget in the Highway 9 Safety Improvements Project. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: One or more
Agreements will not be executed and the design work on the Highway 9 Safety improvement Project Phase III will not start. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP
ACTION: BKF Engineers will start the design work. 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: 1. Resolution approving Cooperative Agreement for Highway 9 Safety Improvements Phase III 2. Cooperative Agreement for Highway
9 Safety Improvements Phase III 3. Independent Contractor Agreement with BKF Engineers 4. Fund Transfer Agreement 66
RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY SARATOGA APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SARATOGA, THE TOWN OF LOS GATOS AND THE CITY OF MONTE
SERENO FOR HIGHWAY 9 SAFETY IMPROVEMENTS PHASE III WHEREAS, the City of Saratoga, the Town of Los Gatos and the City of Monte Sereno desire to enter into a Cooperative Agreement for
Highway 9 Safety Improvements Phase III; and WHEREAS, it is in the public interest for all agencies to work together as a reliable, timely, and cost effective means of completing this
project. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: The Cooperative Agreement for Highway 9 Safety Improvements Phase III is hereby approved
subject to all of the terms and conditions thereof. AND BE IT FURTHER RESOLVED, that the City Manager is authorized to execute the Agreement on behalf of the City. The above and foregoing
resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 2nd day of February, 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _________________________
_____ Howard Miller, Mayor ATTEST: ____________________________ Ann Sullivan, City Clerk 67
Page 1 of 8 COOPERATIVE AGREEMENT FOR HIGHWAY 9 SAFETY IMPROVEMENTS – PHASE III THIS AGREEMENT, by and among the CITY OF SARATOGA, a municipal corporation (“Saratoga”), the CITY OF MONTE
SERENO, a municipal corporation (“Monte Sereno”), and the TOWN OF LOS GATOS, a municipal corporation (“Los Gatos”) (collectively referenced herein as “parties” and individually referenced
as a “party”) sets forth the terms of cooperation among the parties in proceeding with Phase III of the Highway 9 Safety Improvements. RECITALS A. Pursuant to Clean Air and Transportation
Improvement Act of 1990 (CATIA), Saratoga applied for and received approval for a Bicycle Program grant in the amount of $460,851 for safety improvements to Highway 9 Phase III between
Saratoga Avenue and Los Gatos Boulevard as specified in more detail below. B. The Project includes bicycle safety improvements at Highway 9 and Austin Way intersection, upgrade intersections
of Highway 9 and Fruitvale Avenue, Quito Road, North Santa Cruz Avenue, Alberto Way Way and Los Gatos Boulevard to include bicycle sensors, and design a new through bicycle lane to separate
the through/right turn conflict at Highway 9 and Los Gatos Boulevard. C. The Parties anticipate that five percent (5%) of CATIA funds will be used for the environmental and design work
and remaining ninety five percent (95%) will be used for the construction. In addition, other funds are available for payment of the environmental and design work as specified in the
attached Exhibit A -Design Cost Estimate. The parties have agreed to share the remaining environmental and design cost (the “Local Share”). D. The California Transportation Commission
(CTC) has executed Fund Transfer Agreement (FTA) P116B-2-41 for the project and authorized the City of Saratoga to proceed with the Design Component. The parties will seek Caltrans authorization
to proceed with the Construction Component prior to undertaking work on that part of the Project. E. The Parties desire to execute this Agreement in order to delineate their respective
rights and obligations concerning the administration, financing and construction of Phase III. 68
Page 2 of 8 AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Scope of Project 2. . The Project includes the design, engineering, and construction of the highway improvements
described in the recitals. All work shall be performed in accordance with plans and specifications approved by Saratoga, Los Gatos and Monte Sereno, and all local, state and federal
agencies having jurisdiction over the Project or whose approval is otherwise required for receipt of CATIA funds. Allocation of Design Component Costs (a) The term “Final Design Cost,”
as used herein means the total of all expenditures relating to the Design Component, including, but not limited to, environmental work, engineering, surveys, testing, inspections, topographic
maps, geotechnical, soils and environmental surveys and reports, preparation of plans and specifications and other bid documents, publication, printing and advertising of the Project.
The Final Design Cost shall be determined upon completion of the Design Component but in no event shall exceed $112,000 without the prior written consent of Monte Sereno, Los Gatos and
Saratoga. . (b) The Design Cost and the design funds available are shown in the attached Exhibit A -Design Cost Estimate. It is estimated that approximately $60,466 of the Final Design
Cost (Local Share) shall be apportioned between Monte Sereno, Los Gatos and Saratoga based on the cost of designing the improvements that will be located within each jurisdiction stated
as a percentage of the Final Design Cost. The parties estimate that Monte Sereno will pay 24% (twenty-four percent) or $14,613 of the local share, Los Gatos will pay 43% (forty-three
percent) or $26,230 and Saratoga will pay 33% (thirty-three percent) or $19,623 of the local share, however this is an estimate only and the final allocation shall be based on actual
costs. Payment of the Design Cost Local Share shall be made in accordance with section 4 of this Agreement. (c) Each party is permitted to approve additional improvements within their
own jurisdiction beyond the scope of the work approved for the CATIA grants provided that it pays the additional design costs associated with those improvements and any resulting additional
costs of administration. 3. Allocation of Construction Component Costs. (a) The term “Final Construction Cost,” as used herein means the total of all expenditures relating to the Construction
Component, including, but not limited to, management, supervision, labor, materials, tools, supplies, equipment, 69
Page 3 of 8 services, plant, construction engineering, staking, testing an/or any other act or thing required to diligently and fully perform and complete the work as described in the
construction bid documents. (b) Following completion of the Design Component the parties will determine the Estimated Construction Cost. The “Estimated Construction Cost” is the estimate
of the construction costs determined prior to the opening of bids for the award of the construction contract, plus an agreed additional amount based on an estimation of project administrative
costs pursuant to section 4 of this Agreement. It is expected that the “Final Construction Cost” of constructing features included in the Design Component will be paid from the remaining
available CATIA funds. No local match for the construction is required, however, if the total construction costs exceed available funds, the parties will agree upon the features to include
in the Construction Component. If no such agreement is reached by the ninetieth
(90th) day after completion of the Design Component, this Agreement shall automatically terminate pursuant to section 10 of this Agreement. (c) If, upon the opening of bids for the award
of a construction contract, there is a cost overrun of no more than ten percent (10%) of the Estimated Construction Cost, the parties shall proceed with the Construction Component in
accordance with this Agreement. However, if such bids indicate a cost overrun exceeding ten percent (10%) of the Estimated Construction Cost, Saratoga will reject all bids and then the
parties will work to obtain an agreement with Caltrans regarding an alternative project design. If no such agreement is reached by the sixtieth (60th) day after the opening of bids,
this Agreement shall automatically terminate pursuant to section 10 of this Agreement. (d) Each party is permitted to approve additional improvements within their own jurisdiction beyond
the scope of the work approved for the CATIA grant provided that it pays the additional construction costs associated with those improvements and any resulting additional costs of administration.
4. Payment of Project Costs (a) In addition to its own share of the Final Design Cost and Final Construction Cost, if any, and in anticipation of reimbursement by Caltrans through the
release of the CATIA Grant, Saratoga shall periodically advance funds necessary to make payments that are intended hereunder to be paid with the CATIA Grant, provided, however, that
in the event that Saratoga has not received full reimbursement from Caltrans for any prior advance made, Saratoga may, at its option, withhold any payment requiring that it advance funds
if said payment is not legally required to be made at that time. . 70
Page 4 of 8 (b) Monte Sereno and Los Gatos shall deposit with Saratoga 50% (fifty percent) of its estimated Design Cost Local Share within thirty (30) days of execution of this agreement.
The remainder of the Design Cost Local Share shall be deposited by Monte Sereno and Los Gatos within 30 days after receipt of an invoice from Saratoga. (c) Upon completion of the Design
Component and the Construction Component, respectively, Saratoga shall furnish to Monte Sereno a detailed accounting of the Final Design Cost and Final Construction Cost, as applicable.
In the event the accounting shows that the amount deposited by Monte Sereno and/or Los Gatos exceeded its share of the applicable final cost, the excess shall be reimbursed within thirty
(30) days after the accounting is completed and approved by Saratoga, Los Gatos and Monte Sereno. In the event the accounting shows that the amount deposited by Monte Sereno and Los
Gatos is less than its share of the applicable cost, Monte Sereno and/or Los Gatos shall pay the deficiency to Saratoga within thirty (30) days after the date the accounting is sent.
Monte Sereno and Los Gatos are obligated to pay any deficiency resulting from Project Changes approved pursuant to this Agreement or any deficiency resulting from reasonable additional
or unanticipated costs of administration incurred by Saratoga. 5. Project Administration (a) Saratoga shall be the lead agency for the Project for purposes of administering the CATIA
Grant, preliminary engineering of the Project, which shall include, but not be limited to, the Preliminary Study Report, the Project Report, and compliance with CEQA and NEPA. Saratoga
shall oversee the design and bidding of the Project, shall award the contract for the Project and shall obtain all permits necessary for the Project. Saratoga shall enter into all contracts
necessary to implement the Project provided the contract is approved by the parties. . The parties agree that the Project will be managed cooperatively by the parties. Representatives
of the the parties shall work together to accomplish the Project. However, certain parties shall be responsible for administering certain portions of the Project as set forth below.
(b) Saratoga shall be responsible for overseeing construction and inspection services of the Project. (c) The parties must each approve the plans and specifications for the Project.
Saratoga shall not enter into any contract in excess of $25,000 or increase any contract by more than $25,000, for the performance of professional, consulting or construction services
without the prior written consent of Monte Sereno and Los Gatos. 71
Page 5 of 8 (d) The Parties shall promptly review and respond to all materials submitted by one of the cities for review and approval in connection with the Project. No approval in connection
with the Project shall be unreasonably withheld. 6. Right-of-way Acquisitions 7. . No right of way acquisitions are expected to be a part of the Project. If it is determined that the
acquisition of any right-of-way is required for the Project, the party having territorial jurisdiction over the property to be acquired shall be responsible for obtaining such right-of-way
and conducting any proceedings that may be necessary in connection therewith; provided, however, no contract for legal services shall be awarded and no eminent domain action shall be
commenced without the prior approval of the other parties and Caltrans. In the event acquisition of right-of way is necessary to the base project, the City in which the right-of way
is located shall pay for the acquisition of the right-of-way. Any delay costs caused by the acquisition shall be shared by the parties in proportion to their portion of the Design Cost
Local Share. In the event a party desires to acquire right-of-way which is not necessary for the base project, that party shall bear both acquisition and delay costs. Insurance Requirements
(a) Broad form comprehensive liability insurance having a combined single limit of not less than $ 2,000,000 per occurrence, naming Saratoga, Los Gatos, Monte Sereno, and their respective
officers, officials, boards, commissions, employees and volunteers as insureds thereunder. . All contracts awarded for design or construction of the Project shall include a requirement
that the consultant and/or contractor, at all times during design and construction and until final acceptance of the work, maintain in full force and effect the following insurance policies:
(b) For construction contracts, builder’s risk insurance covering the replacement cost of the improvements, with a loss payable clause naming Saratoga, Los Gatos and Monte Sereno, as
their respective interests may appear. (c) Worker’s Compensation insurance as required by state law, together with employer’s liability insurance having a coverage limit of not less
than $1,000,000 per accident. (d) For design consultants, professional liability insurance having a limit of not less than $1,000,000. 8. Bonding Requirements 9. . The contractor who
is awarded the contract for construction of the Project shall be required to provide performance and payment bonds in the amount of one hundred percent (100%) of the contract price.
Project Records. The parties shall keep and maintain a complete copy of all costs and expenditures relating to the Project, together with a complete copy of all plans, specifications,
reports, contracts and other documents relating to the Project, and the 72
Page 6 of 8 same shall be available for inspection by the parties at any time during usual business hours. 10. Termination of Agreement (a) This Agreement is executed by the parties
in reliance on the CATIA Grant. In the event a grant agreement is not executed between Saratoga and Caltrans, this Agreement shall automatically terminate and each of the parties shall
be released from any further obligation or liability hereunder. . (b) In the event a contract for construction of the Project is not awarded pursuant to section 2 of this Agreement or
for any reason prior to December 30, 2012, this Agreement shall terminate unless extended by mutual consent of all parties hereto. (c) Upon termination in accordance with the terms of
this section, Saratoga shall refund to Monte Sereno and Los Gatos any balance of its contributions remaining after deduction of the costs incurred by Saratoga up to the date of termination
and payable by each party under the terms of this Agreement 11.. Limitation of Liability 12. . No party to this Agreement shall be responsible or liable to any other party or parties
for any act or omission made in good faith in connection with the performance of its duties hereunder, nor shall any party be responsible or liable for any act or omission by any consultant
or contractor retained for the performance of any services related to the Project. Saratoga, Los Gatos and Monte Sereno shall contribute equally towards any loss, liability, expense,
claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the Project. This paragraph
shall not be construed to exempt any party, including its employees and officers, from its own fraud, willful injury or violation of law whether willful or negligent. Dispute Resolution
13. 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 the Superior Court of the County of Santa Clara. 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. . 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 the County of Santa Clara, California, or by mutual agreement
in any other location. 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 of these dispute
resolution processes are involved, each party shall bear its own costs and attorneys fees. 73
Page 7 of 8 14. Assignment 15. . Except as provided in section 6 of this Agreement, no party 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. Monte Sereno and Los Gatos acknowledge and accept that a portion of the project management
duties of Saratoga stated in section 6 of this Agreement will be provided by contractors whose services will be engaged by Saratoga pursuant to this Agreement. Parties in Interest 16.
. 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. Waiver 17. . No failure on
the part of any party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default
under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. Amendment 18. . No modification, waiver, termination,
or amendment of this Agreement is effective unless made in writing and signed by all parties. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written,
between the parties hereto with respect to the Project 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 party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No alteration or variation
of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 74
Page 8 of 8 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year last written below. City of Saratoga City of Monte Sereno Town of Los Gatos By: _____________________
Dave Anderson, City Manager Date: ________________ By: _________________________ Brian Loventhal City Manager Date: ___________________ By: _________________________ Greg Larson Town
Manager Date: _____________________ Attest: ______________________ Ann Sullivan, City Clerk Date: ______________ Attest: _________________________ Andrea Chelemengos, City Clerk Date:
____________________ Attest: __________________________ Jackie Rose, Town Clerk Administrator Date: _____________________ Approved as to Form: _____________________ Richard Taylor, City
Attorney Date:________________ Approved as to Form: ________________________ Kirstin Powell, City Attorney Date: ____________________ Approved as to Form: __________________________
Judith Propp, Town Attorney Date: _____________________ 75
EXHIBIT A -Design Cost Estimate 25-Jan-11 Highway 9 Safety Improvement Project -Phase III Total Design Cost location design cost location design cost location design cost Austin Way
intersection realignment $ 40,990 60% $ 24,594 40% $ 16,396 0% $ -Bicycle loop impr. at Fruitvale Avenue $ 7,515 100% $ 7,515 0% $ -0% $ -Bicycle loop impr. at Quito Road $ 7,515 0%
$ -100% $ 7,515 0% $ -Bicycle loop impr. at N. Santa Cruz Ave. $ 7,515 0% $ -0% $ -100% $ 7,515 Bicycle loop impr. at Alberto Way $ 7,515 0% $ -0% $ -100% $ 7,515 Bicycle loop impr.
at Los Gatos Blvd. $ 7,515 0% $ -0% $ -100% $ 7,515 Hwy 9 at Los Gatos Blvd-new bike lane, ret. wall $ 20,375 0% $ -0% $ -100% $ 20,375 Total design cost $ 98,940 $ 32,109 $ 23,911 $
42,920 % design cost per City 32% 24% 43% Local match needed $ 60,466 $ 19,623 $ 14,613 $ 26,230 DESIGN FUNDS AVAILABLE: Grant funds available for design (5% of $460,851): $ 23,040 VTA:
$ 20,000 Santa Clara County: $ 8,494 Local funds needed (see table above): $ 60,466 Total design funds available $ 112,000 DESIGN COST (ESTIMATED): Engineering design cost $ 98,940 Environmental
document $ 10,752 Bid documents, advertising, misc. $ 2,308 Total design cost (estimated) $ 112,000 City of Saratoga City of Monte Sereno Town of Los Gatos 76
Highway 9 Phase III Agreement with BKF CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA,
a municipal corporation ("City"), and BKF ENGINEERS, ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor 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, Contractor is duly qualified to
provide the required work product; and WHEREAS, Contractor 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, Contractor shall provide to City the work product described in Exhibit A
("Scope of Work"). Contractor 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 February 2nd, 2011 and extends through December 30, 2012 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 Contractor 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 Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor
77
Highway 9 Phase III Agreement with BKF shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual
and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"),
Contractor 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 Contractor 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 Contractor 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 Dave Anderson
("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor
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 78
Highway 9 Phase III Agreement with BKF communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise
in writing: Notices to Contractor shall be sent to: Natalina Bernardi BKF Engineers 4670 Willow Drive, Suite 250 Pleasanton, CA 94588 Notices to City shall be sent to: Public Works 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 Contractor'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 party, 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: ________________________________
Date: _________________ Print Name: Position: 79
Highway 9 Phase III Agreement with BKF CITY OF SARATOGA, a municipal corporation By: __________________________________ Date: __________________ Name: Dave Anderson Title: City Manager
APPROVED AS TO FORM: By: _______________________________ Date: ___________________ City Attorney 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 80
Highway 9 Phase III Agreement with BKF EXHIBIT A SCOPE OF WORK See attached detail Scope of Services. 81
Hwy 9 Safety Improvements Phase 3 -Scope of Services BKF Job No. 20107004-PP Revised: January 25, 2011 Page 1 of 5 EXHIBIT A SCOPE OF SERVICES Prepared for: Hwy 9 Safety Improvements
– Phase 3 City of Saratoga Los Gatos, and Monte Sereno Below is a summary of the understanding of the project scope and limits of work: Austin Way Intersection Realignment: Implement
the Fehr and Peers recommended Austin Way intersection realignment. Including removal of the right-turn lane and the median at Austin Way approaches for both sides of Highway 9 to provide
better site distance for the intersection (Figure 1 – Attached). Coordinate with Fire District on driveway location and Advance Fire Station warning lights. Install a street light
at the south approach of Austin Way. Incorporate vegetation removal per Fehr and Peers memorandum. Landscape areas created by the new Austin Way intersection geometrics. Coordination
for the relocation of an existing power pole at the south approach of Austin Way, including utility relocations necessary for the new intersection alignment (undergrounding of overhead
lines is not included). Bicycle Loop Improvements: Provide bicycle detection facilities at the following intersections on Highway 9: Bicycle Loops Detection: o Fruitvale Avenue o
Quito Road o North Santa Cruz Avenue Bicycle Video Detection: o Alberto Way o Los Gatos Boulevard Highway 9 at Los Gatos Boulevard Improvements: Design a new through bicycle lane
to separate the through/right turn conflict. This design will require a small retaining wall. TASK 1 -PROJECT MANAGEMENT/TEAM LEADERSHIP 1.1 PROJECT KICK-OFF MEETING: Notify affected
agencies and administer a project “kick-off” meeting. This meeting to gain initial input about project goals, timetable, 82
Hwy 9 Safety Improvements Phase 3 -Scope of Services BKF Job No. 20107004-PP Revised: January 25, 2011 Page 2 of 5 contacts, responsibilities, and schedules. BKF will document the meeting
and distribute a meeting summary and participant list to attendees for review and comments. 1.2 PUBLIC MEETINGS: There are no anticipated public Meetings 1.3 PROJECT MANAGEMENT: Set
up cost tracking format and obtain approval from the City. Set up and execute Sub-Consultant contracts for the project. Meet with design team and Client representatives to refine the
project scope and establish the design schedule including milestones. Manage the design team relating to the scope, schedule and design fee of the project. TASK 2 -TASK 2 PRELIMINARY
INVESTIGATIONS, DATA COLLECTIONS, AND CONCEPTUAL DESIGN ALTERNATIVES 2.1 TOPOGRAPHIC SURVEYING: Aerial surveys provided by the City will be incorporated in the background of the topographic
base maps. A limited supplemental topographic survey will be conducted after concepts have been resolved. This survey will pick up only critical elevations and features and will not
be a comprehensive survey of the project limits. It is assumed the planametrics will provide adequate topo for a majority of the project needs. The limits of the topographic survey will
be within the City of Los Gatos and Caltrans Right of Way adjacent to the project limits. Project base sheets will be prepared using the existing available information from agencies
and the topographic surveys. No boundary survey is included in this Scope of Work. 2.2 GATHER SITE INFORMATION. Retrieve existing site improvement plans, CAD files, and relative information
regarding existing site conditions. Using record plans, maps and studies (provided by agencies) update and supplement the project base sheets. 2.3 UTILITY COORDINATION: Request information
from dry utilities (electric, gas, telephone, cable) on existing facilities, maps and discuss any possible capital improvements within the project limits. Coordinate with wet utilities
(water, sewer, and storm drain) to gather existing facility maps and discuss any possible capital improvements or replacement of existing facilities in the project limits. 2.4 DEVELOP
CONCEPTS: Using the project base sheets, the design team will begin preparation of conceptual design alternatives for each segment for the project showing: 2.4.1. Approximate location
of improvements and impacts to existing facilities, properties, and vegetation. 2.4.2. Cross Sections and details at critical locations showing both the vertical and horizontal opportunities
and constraints. 83
Hwy 9 Safety Improvements Phase 3 -Scope of Services BKF Job No. 20107004-PP Revised: January 25, 2011 Page 3 of 5 2.5 CONCEPTUAL SITE WALK: BKF will conduct a site walk with the City
to evaluate the viability of the design concepts generated in Task 2.4. 2.6 REFINE CONCEPTS: The design team will refine the conceptual alternatives based on the results from the site
walk. TASK 3 -60 % CONSTRUCTION DOCUMENT PLAN PACKAGE 3.1 CITY MEETING: BKF will meet with the City and the stakeholder agencies to discuss the refined concepts. Any outstanding design
elements will be discussed and resolved during this meeting. These concepts will be used for the basis of design for the remainder of the project. 3.2 60% PLAN, SPECIFICATIONS, AND ESTIMATES:
Using the concepts agreed upon in Task 3.1, the design team will prepare a 60% Construction Document Plan Package which will include: 3.2.1. Cover Sheet, General Notes, and Key Maps
3.2.2. Prepare 1” = 20’ scale plan view design sheets showing: 3.2.2.1. Demolition identifying specific items that are to be removed, relocated, or salvaged by the contractor showing
type and limits to be removed 3.2.2.2. Layout showing horizontal alignments 3.2.2.3. Grading for vertical control of improvements 3.2.3. Prepare traffic signal modification plans to
incorporate the bicycle detection loops and video facilities. 3.2.4. Details and Sections showing cross sections and details at key locations to clearly indicate the intent of the design.
3.2.5. Traffic Handling Plan showing the phasing and type of traffic handling to be used during construction for segments adjacent to the roadway or pedestrian traveled way. 3.2.6. Outline
of Technical Specifications for the project 3.2.7. Prepare Construction Cost Estimate using the 60% Plans and Specifications 84
Hwy 9 Safety Improvements Phase 3 -Scope of Services BKF Job No. 20107004-PP Revised: January 25, 2011 Page 4 of 5 3.3 60% PS&E SUBMITTAL: The Design team will assemble and coordinate
an in-house Quality Control review of the 60% PS&E package. The team will refine the package and submit to the City for review and comment. 3.4 ENCROACHMENT PERMITS: The Design Team
will prepare and submit encroachment permit application package for both Caltrans as well as Santa Clara County for review. 3.5 60% PS&E REVIEW MEETING: The design team will meet with
the City to discuss their internal review and comments. Items needing additional clarification will be identified and addressed by the team. TASK 4 -90 % CONSTRUCTION DOCUMENT PLAN PACKAGE
4.1 90% PS&E PACKAGE: Revise 60% PS&E Plan Package incorporating written comments provided by City and prepare 90% PS&E Package which will include: 4.1.1. Cover Sheet, General Notes,
and Key Maps 4.1.2. Prepare 20 scale Plan view design sheets showing: 4.1.2.1. Demolition 4.1.2.2. Layout 4.1.2.3. Grading 4.1.3. Retaining wall plan and profile sheets, where necessary
4.1.4. Prepare traffic signal modification plans to incorporate the bike loops 4.1.5. Details and Sections sheets necessary to show intent of design 4.1.6. Traffic Handling Plans 4.1.7.
Specifications 4.1.8. Construction Cost Estimate based on 90% Plans and Specifications 4.2 90% PS&E SUBMITTAL: The design team will assemble and coordinate an in-house quality control
review of the 90% PS&E package. The team will update the package and submit to
the City for review and comment. 85
Hwy 9 Safety Improvements Phase 3 -Scope of Services BKF Job No. 20107004-PP Revised: January 25, 2011 Page 5 of 5 4.3 ENCROACHMENT PERMITS: The Design Team will incorporate review comments
and submit encroachment permit application package for both Caltrans as well as Santa Clara County for review. 4.4 REVIEW MEETING: BKF will meet with the City to discuss 90% PS&E review
comments. TASK 5 -100 % CONSTRUCTION DOCUMENT PLAN PACKAGE 5.1 100% PS&E PLAN PACKAGE: Modify the 90% PS&E Plan Package incorporating written comments on the provided by City and prepare
100% PS&E Package for bidding. 5.2 ENCROACHMENT PERMITS: The Design Team will incorporate any review comments and submit encroachment permit application package for both Caltrans as
well as Santa Clara County for issuance. 5.3 100% PS&E SUBMITTAL: The design team will assemble the final PS&E Bid Ready documents and provide the City the package in both hard copy
and electronic form (PDF, MS Word, MS Excel, and AutoCAD). TASK 6 -BIDDING PHASE 6.1 PRE-BID MEETING: Administer and record pre-bid meeting. 6.2 DESIGN CLARIFICATIONS: During the bidding
phase, provide office consultation to bidding contractors. Provide formal clarifications issued in writing to all bidding contractors. TASK 7 -CONSTRUCTION SERVICES – TBD 86
Highway 9 Phase III Agreement with BKF EXHIBIT B PAYMENT 1. TOTAL COMPENSATION City shall pay Contractor an amount not to exceed the total sum of $ 98,941 (Ninety eight thousand nine
hundred forty one Dollars) for work to be performed and reimbursable costs incurred pursuant to this Agreement. The total sum stated above shall be the total which City shall pay for
the work product to be provided by Contractor pursuant to this Agreement. 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement,
based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills,
i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this period,
and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion
of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as
specified in Exhibit A to this Agreement. 87
Exhibit 'B' SUMMARY OF FEES & HOURS BKF Engineers Scope of Fee and Services 1650 Technology Drive, Suite 200 San Jose, CA 95110 City of Saratoga, Town of Los Gatos, and City of Monte
Sereno Tel 408.467.9100, Fax 408.467.9199 Highway 9 Safety Improvements Project Phase 3 Hwy 9 Safety Improvements Project Phase 3 Task 1 Project Management/Team Leadership Task 2 Preliminary
Investigations, Data Collection, and Conceptual Design Alternatives Task 3 60 % Construction Documents Package Preparation Task 4 90% Construction Documents Package Preparation Task
5 100% Construction Documents Package Preparation Task 6 Bidding Phase TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr $ 193 $ 158 $ 136 $ 119 $ 104 $ -$ -$ 234 Hours
Task 1 4 24 0 0 0 0 0 0 28 $ 4,564 Task 2 0 11 2 4 45 0 0 8 70 $ 9,038 Task 3 4 30 40 80 184 0 0 0 338 $ 39,608 Task 4 0 13 40 24 184 0 0 0 261 $ 29,486 Task 5 0 4 4 8 28 0 0 0 44 $
5,040 Task 6 0 3 0 0 6 0 0 0 9 $ 1,098 BKF 8 82 86 116 441 0 0 8 750 Subtotal $1,544 $12,956 $11,696 $13,804 $45,864 $0 $0 $1,872 $ 88,834 Reimbursable Expenses: Printing 4.0% of professional
fees $ 3,553 Delivery/Mileage 4.0% of professional fees $ 3,553 Total Reimbursable Budget $ 7,107 Subconsultants: 1 Gates and Associates -Landscape Architect $ 3,000 Total Subconsultant
Budget $ 3,000 Total Budget $ 98,941 Legend PIC Principal in Charge Eng I Engineer I PM Project Manager Surv Survey Field Crew Eng III Engineer III Eng II Engineer II P:\Eng10\107004
-Hwy 9 Phase 2\Contract\Phase III-Austin Way\City Council Package\Fee Proposal 1-25-11.XLS] Segment 1 Page1 of 3 Printed 1/25/2011 88
Exhibit 'B' Task 1 Project Management/Team Leadership Task 1.1 Kick-Off Meeting Task 1.2 Coordinate Design with Team Members and Consultants TASK PIC PM Eng III Eng II Eng I Tech Draft
Surv Tot Hrs Cost Task 1.1 4 4 8 $ 1,404 Task 1.2 20 20 $ 3,160 Subtotal 4 24 0 0 0 0 0 0 28 $ 4,564 Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives
Task 2.1 Conduct Topographic Survey to supplement Planimetric Mapping (NAD 1983 & NAVD 1988) Task 2.2 Request/Collect/Review available CT and City As-Builts, R/W Record Maps, and other
Project Improvements Plans Task 2.3 Request/Collect/Review Available Utility Record Information (as needed) Task 2.4 Develop Conceptual Design Alternatives Task 2.5 Perform Site Visit
with City to Verify Conceptual Design Alternatives Task 2.6 Refine Conceptual Design Alternatives TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Tot Hrs Cost Task 2.1 1 4 8 13 $ 2,446
Task 2.2 1 1 $ 104 Task 2.3 6 6 $ 624 Task 2.4 4 2 4 18 28 $ 3,252 Task 2.5 4 4 $ 632 Task 2.6 2.6 2 16 18 $ 1,980 Subtotal 0 11 2 4 45 0 0 8 70 $ 9,038 Task 3 60 % Construction Documents
Package Preparation Task 3.1 City Meeting to discuss Concept Alternatives Task 3.2 Prepare 60% PS&E Documents Task 3.3 Submit 60 % PS&E Package to City for Review Task 3.4 Meet with
City to discuss 60% Review Comments TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Tot Hrs Cost Task 3.1 4 4 $ 632 Task 3.2 4 22 40 80 180 326 $ 37,928 Task 3.3 1 4 5 $ 574 Task 3.4
3 3 $ 474 Subtotal 4 30 40 80 184 0 0 0 338 $ 39,608 Task 4 90% Construction Documents Package Preparation Task 4.1 Incorporate 60% Review comments and Prepare 90% PS&E Package Task
4.2 Submit 90 % PS&E Package to City for Review Task 4.3 Meet with City to discuss 90% Review Comments TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Tot Hrs Cost Task 4.1 8 40 24
180 252 $ 28,280 Task 4.2 1 4 5 $ 574 Task 4.3 4 4 Subtotal 0 13 40 24 184 0 0 0 261 $ 29,486 Task 5 100% Construction Documents Package Preparation Task 5.1 Incorporate 90% Review comments
and Prepare 100% PS&E Package for Bidding Task 5.2 Submit 100 % PS&E to City for Bidding TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Tot Hrs Cost Task 5.1 4 4 8 24 40 $ 4,624 Task
5.2 4 4 $ 416 Subtotal 0 4 4 8 28 0 0 0 44 $ 5,040 P:\Eng10\107004 -Hwy 9 Phase 2\Contract\Phase III-Austin Way\City Council Package\Fee Proposal 1-25-11.XLS] Segment 1 Page2 of 3 Printed
1/25/2011 89
Exhibit 'B' Task 6 Bidding Phase Task 6.1 Pre-Bid Meeting Task 6.2 Design Clarifications TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Tot Hrs Cost Task 6.1 2 2 $ 316 Task 6.2 1 6
7 $ 782 Subtotal 0 3 0 0 6 0 0 0 9 $ 1,098 Project Assumptions and Exclusions: 1. It is assumed that the design work will be completed in one phase. 2. It is assumed that the retaining
walls will be located within Caltrans ROW and are subject to Caltrans review and approval. 3. Retaining walls are assumed to incorporate baseline aesthetic treatments in the form of
colored concrete and/or standard form line textures for cast-in-place concrete and standard colors, textures and uniform patterns for masonry block type retaining walls. Enhanced aesthetic
treatments beyond baseline concepts for retaining walls is outside the scope and shall be considered extra work. 4. Assume the project Environmentally cleared. 5. This proposal does
not anticipate any acquisition needs and does not include any fees associated with fee acquisition, legal descriptions, boundary or right or way surveys. 6. The need of this project
is based on safety; operational analysis, including traffic counts, modeling, and forecasting is excluded. 7. Any design for 3rd party utility relocation (telephone, communications,
PG&E, etc.) shall be considered extra work. 8. It is assumed that the Project will not require preparation of a Longitudinal or Transversal Utility Exception Report 9. It is assumed
that the Project will not require preparation of a Traffic Management Plan 10. It is assumed that the Project will not require preparation of a Hydraulic/Floodplain Study Report 11.
It is assumed that the City of Saratoga will be Lead Agency 12. Project design units will be imperial (feet). 13. It is assumed that the Project will not require Caltrans' ABC Mapping.
14. Potholing has been excluded from this scope of fee and services. 15. Project will not impact parks P:\Eng10\107004 -Hwy 9 Phase 2\Contract\Phase III-Austin Way\City Council Package\Fee
Proposal 1-25-11.XLS] Segment 1 Page3 of 3 Printed 1/25/2011 90
Highway 9 Phase III Agreement with BKF EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably
necessary for Contractor'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. Contractor shall not use such services,
premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. 91
Highway 9 Phase III Agreement with BKF EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor
and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall
have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the
means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City
and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession
separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor 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 Contractor 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 Contractor is engaged in the geographical area in which Contractor practices its profession.
All work product of whatsoever nature, which Contractor 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 Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement
as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. After this Agreement has been in effect for at least one full calendar
year, the unit prices paid as indicated in Exhibit B may be adjusted each fiscal year based on the San Francisco Bay Area Consumer Price Index (CPI) for urban wage earners and clerical
workers for the year ending with November; provided, however, any such adjustment to the unit prices shall not increase the maximum contract amount set forth in this Agreement. The Contractor
request adjustments in writing prior to March 1 for the following fiscal year. 92
Highway 9 Phase III Agreement with BKF 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City
in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND
TAXES Contractor 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. Contractor 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 Contractor shall indemnify and hold City
harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf
of Contractor. 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, Contractor 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. Contractor 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, Contractor shall,
immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees
of Contractor and and any subcontractor retained by Contractor 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. c. Prevailing Wages. This is a public works contract within the meaning of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.).
In accordance with California Labor Code Section 1771, all contractors and subcontractors on this public work project shall pay not less than current 93
Highway 9 Phase III Agreement with BKF prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”). Pursuant to Section 1773 of the California Labor
Code, the City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the City of Saratoga, a copy
of which is on file at 13777 Fruitvale Avenue, Saratoga, California at the office of the Public Works Director, and shall be made available for viewing to any interested party upon request.
8. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which
could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor
agrees that if an actual or potential conflict of interest on the part of Contractor is is discovered after award, the Contractor will make a full disclosure in writing to the City.
This disclosure shall include a description of actions, which the Contractor 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 Contractor 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 Contractor nor any member of any Contractor'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 Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In General. Contractor shall 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, and Section 1771 of the California Labor Code. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses,
permits, qualifications and approvals of whatsoever 94
Highway 9 Phase III Agreement with BKF nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor 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 Contractor to practice
its profession. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business. c. Funding Agency Requirements. To the extent
that this Agreement may be funded by fiscal assistance from another entity, Contractor 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. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a drug-free workplace.
Neither Contractor nor Contractor's employees and subcontractors 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 Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises,
or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor 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 Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other
written documents or materials prepared by Contractor 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. City agrees that Contractor shall bear no responsibility for any modifications by others made to the documents prepared by the Contractor. City also agrees that Contractor
shall bear no responsibility for any re-use by third parties of the documents prepared by Contractor. Retention of Records. Until the expiration of five years after the furnishing of
any services pursuant to this Agreement, Contractor shall retain and 95
Highway 9 Phase III Agreement with BKF 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 Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost
of services to City. Use Of Recycled Products. Contractor 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. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design
specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall
be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. ______________________________ Seal and Signature of
Registered Professional with report/design responsibility. 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of performing
this 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. Upon
expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for
its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor 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 CONTRACTOR Contractor shall take
all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, 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 Contractor’s
negligence, recklessness, or willful misconduct. Contractor is required to pay prevailing wages, in accordance with Section 1771 of the California Labor Code; 96
Highway 9 Phase III Agreement with BKF Contractor must also ensure that prevailing wages are paid by any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees,
agents and officials shall, be protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost
as set forth below. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below.
a. Indemnity. To the fullest extent permitted by law, Contractor 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 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 in a manner that is negligent, reckless or in willful misconduct. All obligations under this provision are to be paid by Contractor 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, Contractor shall not be required
to defend, indemnify and hold harmless City as set forth above for liability attributable to the active negligence, sole negligence, or willful misconduct of City, provided such active
negligence, sole negligence, or willful misconduct is determined by agreement between the parties or the findings of a court of competent jurisdiction. c. Scope of Contractor Obligation.
The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly
waives its statutory immunity under such statutes or laws as to City, its employees and officials. d. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor
in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully
97
Highway 9 Phase III Agreement with BKF responsible according to the terms of this section. e. 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 Contractor and shall survive the termination of this agreement or this section. City approval of the insurance contracts required by this Agreement does not relieve the Contractor
or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS Contractor 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 Contractor's bid. 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, Contractor shall not be in default if Contractor promptly
commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate
the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, consequential and/or special damages to to the
full extent allowed by law. 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. 98
Highway 9 Phase III Agreement with BKF 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The
City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement
shall become of no further force or affect 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, contractor's responsibility, indemnification, insurance, dispute resolution, litigation,
and jurisdiction and severability shall survive termination of this Agreement. 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 Contractor understands and agrees that there is no representation, implication, or understanding that the City will
request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement.
Contractor 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 Contractor following
the expiration or termination of this Agreement. 99
Highway 9 Phase III Agreement with BKF 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. 100
Highway 9 Phase III Agreement with BKF 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 Contractor's Agreement (ignore any not checked). Contractor 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, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor 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 Contractor'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 $1,000,000 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 Contractor'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 Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated:
X $1,000,000 combined single limit for bodily injury and property damage 101
Highway 9 Phase III Agreement with BKF ___ $ ____________ per person/$__________ per accident for bodily injury ___ $ ____________ per occurrence for property damage ___ $ 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 contractor,
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 Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor
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 Contractor 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 the standard cancellation clause: ". . . endeavor to . . ." AND “. . . but failure to 102
Highway 9 Phase III Agreement with BKF mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." X All subcontractors 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 Contractor 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 Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles
owned, leased, hired or borrowed by the Contractor. 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 Contractor'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. 103
Highway 9 Phase III Agreement with BKF 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
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Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: February 2, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara
Powell Administrative Analyst II Assistant City Manager SUBJECT: Spring/Summer Issue of The Saratogan RECOMMENDED ACTION: Accept report and direct staff accordingly. BACKGROUND: The
Saratogan is used as a tool to improve communications with residents and ensure the public has access to important information. The City has published a wide range of articles in past
issues, ranging from public safety articles to water conservation tips to updates on City projects. To reduce expenses in the 2010/11 budget, The Saratogan has been incorporated into
the Saratoga Recreation Activity Guide. Residents will continue to receive all the benefits of the newsletter three times per year and the City will realize a savings of $23,000. The
winter issue of The Saratogan was mailed to residents in December 2010 and featured articles based on the theme “Do it Yourself”, such as how to build home emergency kits, composting,
forming a neighborhood watch, and tree pruning. The newsletter also included Ask Jana, winter storm information, holiday fire safety tips, and a story on the Commission Recognition Dinner.
Staff has started developing preliminary article topics for the spring/summer issue of The Saratogan, which will be mailed to residents in late March 2011. The articles are centered
on the theme, “Commitment to Service”. Below is a list of proposed primary and secondary articles. Primary Article Topics: • Saratoga Serves Month of Service • Joe’s Trail • Parks and
Recreation Commission Highlight • Building Safety Secondary Article Topics: • Ask Jana 137
Page 2 of 2 • Welcome Captain Carl Neusel • Save a Bag, Bring your Own • Arbor Day To ensure The Saratogan meets the expectations of the City Council, staff is seeking input for the
spring/summer issue. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Staff will move forward without Council input on the theme, article topics, or other aspects
of the fall issue of The Saratogan. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. 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:The Saratogan 2010 winter issue 138
C I TY of S AR ATOGA C AL I FO RNI A 1956 Saratogan The Winter 2010 Do it Yourself -Start a Neighborhood Watch Interested in learning more about how you can make your neighborhood safer?
Start a Neighborhood Watch to reduce crime in your community. Neighborhood Watch is a “do it yourself” type program that empowers residents to improve the quality of life in their community
by working together. Neighbors build relationships with one another, learn about crime prevention techniques, and work collaboratively to report suspicious activity and reduce crime.
To start a Neighborhood Watch program where you live, simply contact the Santa Clara County Sheriff’s Office Community Services Unit at (408) 808-4624. The Sheriff’s Office will guide
you through the process and provide suggestions for organizing your neighborhood. Neighborhood Watch is one of the many ways Saratoga residents can “do it themselves” to make their community
better. Read more about these opportunities in this issue of The Saratogan. Composting at Home Looking for a new way to improve the health of your garden? Interested in reducing waste?
Try composting! Not only does composting benefit your garden, it also helps you save money on soil conditioners and increases the lifespan of our landfills. Best of all, composting is
easy! Below are some tips for starting your own compost pile. For more information or to become a Santa Clara County Master Composter, visit www. reducewaste.org. Composting Tips: •
Only use open compost piles for yard trimmings • Place your pile away from any structures • Chop up compost materials before adding them to your pile • Mix together dry woody materials
with moist green materials • Keep your compost pile moist • Stir or turn your compost pile about once per week • Because compost bins keep rodents out, they are good for fruits, vegetables,
and yard trimmings • If you are using a compost bin, bury food scraps into the center of the pile • The composting process is complete when the material in the pile looks like dark rich
soil and easily crumbles in your fingers (this should take 1.5 to 3 months with a compost bin) Photo by Diana C. House 139
Tree Pruning 101 While pruning is one of the most common tree maintenance procedures, mature trees require very little pruning. Most deciduous and broad leaved evergreen trees only need
to be pruned once every 3 to 4 years. Most evergreen coniferous trees can go without pruning for 5 to 10 years. However, you may need to prune your trees to clean out dead, dying or
diseased limbs, increase light and air penetration inside the tree’s crown, or to raise low hanging branches to increase clearance under a tree’s canopy. When pruning is necessary, be
careful about how much you remove. “Topping” a tree, removing the top portion of the tree without regard to the location of the cuts, is harmful to the tree. Additionally, cutting away
too much foliage makes it hard for trees to recover, can make trees vulnerable to disease or other harmful conditions, and may weaken branches and cause hazardous conditions. Consequently,
the City requires permits to remove more than 25% of a tree’s canopy or when International Society of Arboriculture pruning standards cannot be met. To protect residents as well as to
prevent damage to large trees, the City requires professional tree contractors working in the City to obtain a business license and have a certified arborist supervise the pruning work
to ensure International Society of Arboriculture standards are followed correctly. The best time to prune varies by tree species. For the most part, pruning during a tree’s growth season
should be avoided as trees require significant energy during this period and pruning may cause undue stress on the tree. Some types of trees require pruning at special times of the year.
For example, pine trees (especially Monterey pines) should be pruned between Thanksgiving and the end of February when the weather is cold and the beetles that can attack them are dormant.
Oak trees should be pruned between the end of June and February, when it is less likely that weather will be warm and moist, to prevent sudden oak death. When pruning is done, you can
place the removed clippings in your Green Waste bin. Branches should be 3 feet or shorter and 6 inches or less in diameter. For more information, visit www.treesaregood.com or contact
City Arborist Kate Bear at (408) 868-1276 or kbear@saratoga.ca.us. Tree Topping is a Violation of City Code Building a Home Disaster Kit Following a disaster, basic services are often
unavailable. Depending on the scale of the disaster, the public may lose access to water, electricity, gas, telephone, sewage treatment, and other essential services for 3 days or longer.
Consequently, experts suggest preparing a home disaster kit that will allow you and your loved ones to stay self-sufficient for at least 3 days. Kits should also be stored somewhere
that is easily accessible and in a watertight container to protect contents of the kit. You can keep backpacks in your kit, so that you can pack essential items if you need to evacuate.
Experts suggest that kits include one gallon of water per person per day; a minimum 3 day supply of non-perishable food and any necessary cooking supplies; a battery-powered or hand
crank radio and a NOAA Weather Radio with tone alert along with extra batteries; flashlights and additional batteries; first aid supplies; a whistle to signal for help; tools; personal
hygiene items; special items for children, seniors, people with disabilities, and pets; a copy of important documents and phone numbers; and vital personal items, such as prescriptions
or eye glasses Visit www.ready.gov or www.redcross.org for additional suggestions. For information about emergency preparation in your community, contact Saratoga Emergency Services
Coordinator Jim Yoke at (408) 887-7818 or sccfd_esc@yahoo.com. 140
Dear Paula, Yes, the City does require horses and other animals in the horse family (such as donkeys, mules, or ponies) to be licensed. To obtain a license for a horse, simply contact
me at (408) 868-1214 or jrinaldi@saratoga.ca.us. For dog and cat licenses, visit www.sanjoseanimals.com or call (408) 578-7297. Jana Dear Jana, The other day, a solicitor came up to
my home and tried to sell a set of knives to me. Are there any rules that regulate who can solicit me at my home? Saul Solicitor Saul, Yes, solicitors making sales for commercial and
charitable organizations must have a permit from the City. Permitted commercial solicitors, such as those selling knife or landscaping services, are issued an identification badge. Charitable
organizations, such as church groups or educational organizations, are given a letter that they must have with them when soliciting or peddling in Saratoga. The City also requires solicitors
to observe “No Solicitor” signs. Jana Dear Jana, My family and I are thinking of getting a a horse. A friend in another county recently told me that she has to license her horses. I
know the City requires dogs and cats to be licensed. Can you tell me if horses must be licensed too? Paula Pony Ask Jana Got Code Enforcement questions? Ask Jana! Send your questions
to Jana Rinaldi at 13777 Fruitvale Avenue, Saratoga CA 95070 or by email to jrinaldi@saratoga.ca.us. Holiday Fire Safety It is estimated that holiday season fires kill more than 400
people, injure 1,650 people, and cause over $990 million in property damage each year. Prevent fires and keep your family safe by following these tips. • Install carbon monoxide smoke
detectors. • Purchase an operable fire extinguisher. • Select holiday trees with fresh green needles that are hard to pull back from the branches. Old trees are usually dried out and
can become a fire hazard. • Select a place for your tree away from heat sources, including fireplaces or heating vents. • Keep your tree watered to prevent it from drying out and immediately
discard your tree when it becomes dry. • Use flame retardant artificial trees. • Inspect old and new lights for frayed wires, bare spots, gaps in insulation, broken or cracked sockets,
and excessive kinking. • Never leave holiday lights on unattended. • Only use lights approved for outdoor use for the exterior of your home. • Avoid overloading electrical outlets. •
Only use nonflammable decorations. • Avoid using lit candles. • Maintain a 3 foot clearance between your fireplace and combustibles. 141
To learn more about The Saratogan, make comments, or suggest story ideas, contact Crystal Morrow with the Saratoga City Manager’s Office at cmorrow@saratoga.ca.us or (408) 868-1275.
You can also find The Saratogan online and sign up for email alerts at www.saratoga.ca.us/saratogan. CI TY of SAR ATOGA CALI FORNIA 1956 Recognizing Saratoga’s Commissioners Each fall,
the City celebrates its Commissioners at the annual Commission Recognition Dinner to recognize the dedication of the City’s Commissioners and their contributions to the Saratoga community.
There are 6 Saratoga Commissions, including the Heritage Preservation Commission, Library Commission, Parks and Recreation Commission, Traffic Safety Commission, Planning Commission,
and Youth Commission. Saratoga’s Commissions play a key role in the City’s decision making process. Each Commission studies issues within its area of specialization, provides increased
opportunities for citizen input and participation in City decisions, and provides valued advice to to the Council. Both the Planning Commission and Heritage Preservation Commission are
also authorized to make decisions on certain development applications. Ultimately, the Commissions help ensure City decisions reflect community interests and are well informed. For more
information about the City’s Commissions, including descriptions, meeting schedules, and vacancies, visit www.saratoga.ca.us/commissions. Heritage Preservation Commissioners Hong Tai
and Peter Marra Winter Storm Preparation Saratoga may not be in hurricane country, but even a small storm can do a lot of damage. To stay safe during winter, read the following tips
on what to do before, during, and after a storm. Be prepared before the storm hits! Residents can fill up their own sand bags 24 hours a day at the City Corporation Yard, located 19700
Allendale Avenue, for free. There is a limit of 25 bags per person. Visit www. saratoga.ca.us/publicworks for more information. Residents who require assistance can call (408) 868-1245.During
the storm, report damage to the appropriate authorities. The City handles fallen trees, landslides, and flooding, on roads and public property. To report a hazard, call (408) 868-1245
Monday through Thursday, 6:00 a.m. to 3:30 p.m., and every other Friday 6:00 a.m. to 2:30 p.m. At all other times, contact County Communications at (408) 299-2507. PG&E is responsible
for restoring service after a power outage, and for clearing trees associated with damaged power lines. To report a power outage or a downed power line, call 1-800-PGE-5002. After the
storm has passed, keep safe by avoiding flooded streets and staying away from downed power lines, which can still carry a current. Working on storm-damaged trees can be dangerous, so
consider hiring a professional arborist for post-storm tree care. Bohlman Road in Saratoga 142