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HomeMy WebLinkAbout03-05-1997 CITY COUNCIL staff reportsSARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2-8-39 AGENDA IT] MEETING DATE: MARCH 5, 1997 CITY MGR.; ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAI 6/L SUBJECT: Landscaping and Lighting Assessment District LLA -1; Reauthorization for FY 97 -98 Recommended Motion(s): 1. Move to adopt the resolution describing improvements and directing preparation of the Engineer's Report for reauthorization of the District for FY 97 -98. 2. Move to adopt the resolution appointing the Attorneys for the District for FY 97 -98. Report Summary: Attached are the two Resolutions which the Council must adopt to initiate the reauthorization of the Landscaping and Lighting Assessment District LLA -1 for FY 97 -98. A brief summary of each Resolution follows: 1. Resolution describing improvements and directing preparation of the Engineer's Report for Fiscal Year 1997 -1998 - This is the resolution required under Streets & Highways Code Section 22622 to initiate the annual renewal process for the District for the ensuing fiscal year. The resolution refers to the improvements proposed to be undertaken (Exhibit A), and orders the preparation of the Engineer's Report required under S &H 22565. 2. Resolution appointing attorneys for Fiscal Year 1997 -1998 - This resolution appoints the City Attorney's office as the attorneys for the District for FY 97 -98 and limits the attorney's fees to a maximum of $500. The requirements contained in Proposition 218 will be incorporated into the renewal process for the first time this year. Procedurally this means that a ballot will be included with the mailed notices of the proposed assessments and public meeting and hearing dates, and that the ballots will be tabulated at the close of the public hearing. If in any Zone of the District more no ballots are received than yes ballots, the proposed assessment cannot be levied assuming it is greater than in the current year. In that event, the Council will be forced to determine whether the services provided in that Zone will continue to be provided by the City, and if so, how. (Strategically however, it is recommended that this decision be made before the Prop. 218 ballots are mailed out, i.e. on or before April 2.) The following sets forth the tentative schedule of events for renewal of the District for FY 97 -98: March 5 - Council adopts Resolutions directing preparation of the Engineer's Report and appointing attorneys April 2 - Engineer's Report with preliminary assessment amounts is submitted. Council adopts Resolution of Intention preliminarily approving Engineer's Report and setting dates for public meeting and hearing. April 3 - Notices of preliminary assessments and public meeting and hearing dates, and Prop. 218 ballots are mailed to property owners. Notice of public meeting and hearing dates is sent to Saratoga News. April 10 & 17 - Public meeting and hearing notice published in Saratoga News. May 7 - Council conducts Public Meeting per Gov't. Code Sec. 54954.6. May 21 - Council conducts Public (Protest) Hearing per S &H Code Sec. 22629. Ballots and written protests must be turned in by the close of the hearing. June 4 - City declares results of balloting and protest filings. If appropriate, Council adopts Resolution overruling protests and confirming the assessments for FY 97 -98. June 18 - Backup date in case of problems. August 10 - Drop dead date for transmitting the assessment roll to the County Auditor. Fiscal Impacts• All of the costs associated with the Landscaping and Lighting Assessment District LLA -1 are charged against and recovered through the District. There is no direct fiscal impact on the City's General Fund. A more precise look at the proposed funding of the District in FY 97 -98 will be available when you receive the preliminary Engineer's Report. Advertising Noticing and Public Contact: Nothing additional at this time. Eventually, notices will be mailed to those property owners in the District whose assessments are proposed to be increased, informing them of the upcoming Public Meeting and Hearing along with the Prop. 218 ballot. Consequences of Not Acting on the Recommended Motions: This would depend on what Resolutions the Council does not approve. Either the reauthorization process would not begin, or the City Attorney's office would not be appointed as the Attorneys for the District. Follow Up Actions: Work on the Engineer's Report will begin. Attachments: 1. Resolution describing improvements and directing preparation of Engineer's Report for FY 97 -98. 2. Resolution appointing Attorneys. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2 F3 Y. ( AGENDA ITEM S� /� MEETING DATE: MARCH.5, 1997 CITY MGR.: ORIGINATING DEPT.: FINANCE DEPT. HEAD: SUBJECT: Modifications to existing 457 Deferred Compensation Plan, required by Small Business Job Protection Act of 1996 -- Establishing a Trust to Ensure Protection of Employee Assets. Recommended Motions: 1. Adopt Resolution amending existing Deferred Compensation Plan to comply with requirements of the Small Business Job Protection Act of 1996. The Resolution will state that the Plan will not permit employee loans. 2. . Move to appoint the ICMA Retirement Corporation as 457 Plan Administrator and to consider appointment of additional Plan Administrators in the future. Report Summary: The City has an existing 457 Deferred Compensation Plan. Congress enacted the Small Business Job Protection Act of 1996, which Act became effective January 1, 1997. This federal legislation requires that employers with existing 457 Deferred Compensation Plans must establish a trust to ensure the assets in the Plan are protected from claims of City creditors and used exclusively for the benefit of Plan participants (employees and/or beneficiaries). For existing plans, a trust need not be established until January 1, 1999. However, current assets will not be protected until a trust is established. The establishment of a trust will have little or no effect on the operations of the existing 457 Plan. The existence of the trust does little to change the Plan's structure except to add a layer of protection for money set aside for the employee against claims of the employer's creditors. Since the modifications to the 457 Plan will create a trust, it is required that a Plan Trustee be named. As with a Section 401 qualified plan, the employer (City) will typically be named trustee in the 457 Plan. The role of the trustee in the 457 Plan will be to hold record title to trust assets and to commit deposits and payments from individual accounts maintained by the record keeper according to the instructions of the Plan Administrator. The City's existing 457 Plan has utilized the ICMA Retirement Corporation as one of two Plan Administrators for several years, with excellent results. We recommend that the ICMA Retirement Corporation continue to be used by the City as Plan Administrator. Since the City as the employer currently sets aside employee deferrals as they are deferred, properly accounts for deferrals on an individual basis through a record keeper, and does not divert the assets to any use other than payments of benefits, then the City has, as a practical matter, already assumed the responsibilities of acting prudently and treating the assets "for the exclusively benefit of the participants and their beneficiaries ". Therefore, the establishment of a trust to protect the 457 Plan assets will not in actuality create any additional responsibility on the part of the City as trustee. By contracting with the ICMA Retirement Corporation, the City has delegated the Plan Administration and day -to -day investment functions to that Plan Administrator. If the Council concurs, that delegation of responsibility will continue. While the City retains the ultimate responsibility as the trustee of the Plan the City by contracting with a Plan Administrator will arguably discharge its responsibility to act with care in providing for the Plan's administrative and investment functions by retaining an acknowledged expert in the field. The new 457 Plan and Trust will provide the option of allowing loans from the 457 Plan to employees. The availability of loans under a 457 Plan raises many administrative issues. For example, the Internal Revenue Code requires that on the date a loan is made, the maximum loan amount any participant may take is roughly $50,000, less the amount of any other outstanding loans in all 457 and 401 Plans in which the employee participates. In order to comply with this provision, the City would need to track the outstanding loan amount for each participant, 457 and 401 accounts under each Plan Administrator. The U.S. Treasury Department has yet to issue any guidelines for 457 loans. It is recommended at this time that a loan provision not be implemented until such time as the Treasury Department has promulgated its guidelines for the issuance of such loans and those guidelines are considered by the City and its Plan Administrator with regard to the administrative issues associated with permitting such loans. Fiscal Impacts: None. Follow -Up Actions: Staff will forward the certified resolution to the ICMA Retirement Corporation and execute the appropriate documents in order for that company to continue as a Plan Administrator. Consequences of Not Acting on the Recommended Motions: The City is required to amend its 457 Plan in order to establish a trust by January 1, 1999. Employee assets will not be protected against general creditors of the City until a trust is established. Advertising. Noticing and Public Contact: Nothing Additional. Attachments: 1. 457 Deferred Compensation Plan and Trust Document. 2. Resolution of the City Council of the City of Saratoga Amending 457 Deferred Compensation Plan to Establish a Trust Pursuant to Small Business Job Protection Act of 1996. ): \W PD\ MNRSW \273\MEMO\FEB97\STAFFRPT.F24 RESOLUTION 97 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING 457 DEFERRED COMPENSATION PLAN TO ESTABLISH A TRUST PURSUANT TO SMALL BUSINESS JOB PROTECTION ACT OF 1996 Recitals WHEREAS, the City of Saratoga has employees rendering valuable services; and WHEREAS, the City of Saratoga has established a Deferred Compensation Plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City has determined that the continuance of the Deferred Compensation Plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Code contained in the Small Business Job Protection Act of 1996 have been enacted that required changes to the structure of and allow enhancements of the benefits of the Deferred Compensation Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga that the existing Deferred Compensation Plan is hereby amended and restated in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust; BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the City serving as Trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of the Plan assets held in the ICMA Retirement Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; BE IT FURTHER RESOLVED that the Plan will not permit loans unless otherwise determined by resolution of the City Council in the future; BE IT FURTHER RESOLVED that the City hereby agrees to serve as Trustee under the Plan. Passed and adopted at a regular meeting of the City Council of the C-'ty of Saratoga held on the day of , 1997 by the following vote: AYES: NOES ABSENT: ATTEST: City Clerk MSR/dsp February 24, 1997 J:\WPD\MRSWU73\RES97\457PLAN.W61 Mayor SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. ZO 3? AGENDA ITEM MEETING DATE: MARCH 5, 1997 CITY MGR.: ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD: SUBJECT: Recommendation from Public Safety Commission to establish a multi -way stop intersection at Crisp Avenue /Granite Way Recommended Motion (s): Move to adopt the Motor Vehicle Resolution establishing a multi - way stop intersection at Crisp Avenue /Granite Way. Report Summary: On February 10, the Public Safety Commission voted unanimously to recommend to the City Council that a multi -way (4 -way) stop intersection be established at Crisp Avenue /Granite Way. The original request from a resident in the vicinity of the intersection was considered first by the Commission at their December meeting and continued to their February meeting pending completion of staff's analysis of the request and a post card survey of the surrounding neighborhood (33 residents total). As the attached staff memo to the Commission indicates, 21 out of the 24 respondents to the survey favor the stop signs. Further, staff's analysis of the intersection reveals that a multi -way stop can be justified on the basis of inadequate sight distance and the need to control right -of -way movement through the intersection since the safe approach speeds along Crisp Ave. approach 10 mph. For these reasons, staff concurs with the Commission's recommendation, and recommends that the Council adopt the attached Resolution to establish the multi -way stop. Fiscal Impacts• Approximately $500 to install the necessary signs and markings. a Advertising, Noticing and Public Contact: The 33 residents selected for the survey were sent a follow -up memo (attached) advising them of the results of the survey, the February Commission meeting, and the March 5 Council meeting at which the matter 'would be scheduled for Council consideration and action. Consequences of Not Acting on the Recommended Motions: The Resolution will not be adopted and the stop signs will not be installed. Follow Up Actions: The stop signs will be installed. Attachments: 1. Motor Vehicle Resolution. 2,,? --1 2. Report to Public Safety Commission dated February 4 with attachments. 3. February 4 follow -up memo to residents. 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868 -1200 TO: Public Safety Commission FROM: Public Works Director SUBJECT: Crisp Avenue /Granite Way Stop Signs DATE: February 4, 1997 RECOMMENDATION: COUNCIL MEMBERS: Star, Bogosian Paul E. Jacobs Gii6an Moran Jim Sha :*v Donald L. Woi!e Move to recommend. to the City Council that the subject intersection be declared a four -way stop intersection. DISCUSSION: Subsequent to your December meeting, a postcard survey of the residents in the immediate vicinity of the intersection as determined by the Commission has been conducted, and staff has reviewed the applicable stop sign warrants for the intersection. A copy of the letter which was sent along with the postcard survey is attached. Of the 33 residents surveyed, 24 returned their postcards as of the date of this memo, a 73% response rate. 21 out of the 24 responses, or 880, indicate support for the stop signs, 2 indicate opposition, and 1 indicates a preference for yield signs. Clearly, the stop signs are popular with the surrounding neighborhood. Copies of the postcards with comments written on them are attached to this memo. Staff s analysis of the intersection reveals that stop signs can be justified the basis of inadequate sight die .;nce at each approach tc he.intersection resulting from the st.. 3 hill along Crisp Ave., and the need to control right -of -way through the intersection since the safe approach speed along Crisp Ave. is close to 10 mph. Although stop signs were originally only requested for Crisp Ave., the above circumstances lead staff to recommend that the intersection should be designated as a multi -wey stop. If the Commissioi_ concurs with this recommendation, the matter will be agendized :`_or City Council action on March 5. "?WWI L T,;; T Prl i n " l ' ti� Uti �? A SA 1q� �O 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 9070 • (40S) 868-1200 TO: Residents in the vicinity of the Crisp Ave. /Granite intersection FROM: Public Works Director SUBJECT: Stop Sign Survey DATE: January 15, 1997 COUNCIL i14EMBERS Stan Bogosian Paul E. Jacobs Gillian Moran Jim Shaw Way Donald L. Wolfe The City recently received a request for the placement of stop signs on Crisp Ave. at its intersection with Granite Way /Ct. The request was referred to the City's Public Safety Commission which considered the matter on December 9. The Commission instructed staff to perform a stop sign warrant analysis of the intersection and to survey the residents in the vicinity of the intersection to determine the level of support for the stop signs. Enclosed with this memo is a pre- stamped, pre- addressed postcard for you to indicate your opinions about the proposed stop signs. Please take a moment to fill out the card and return mail it to the City. I need to receive the postcards by February 1 so that I can tabulate the results and include them with the warrant analysis in my follow -up report to the Commission. The Commission will review my follow -up report at their meeting on Monday, February 10. The Commission meets in the Administrative Conference Room at City Hall, 13777 Fruitvale Ave., and I expect the matter will come up for discussion at around 7:30 p.m. Ultimately, the Commission will either recommend to the City Council that the stop signs be installed or deny the request. In either case, the Commission's decision can be appealed to the City Council. I will mail you the results of the survey and the warrant analysis sometime in the week of February 3. In the meantime, thank you in advance for completing the survey and if you have any questions, please call me at 868 -1241. doA4q I' Larry I. Perlin Printed on recycled paper. ,Crisp /Granite Stop Signs 'y w,r , <��,��, r ICJ "!' "7+� ��✓ ,I /we support the proposed stop signs, 1 % A Y S sr ^N M� �•K�` � - r - I /we du mot support stop si � t the proposed �. Ji,r ' .. r '/ 1 r{tt,�}L1� � Y'i L _t �t�• 35'��� �F ��. 4, 4 �•� ;; .. •�a ;�Y V h.... '' t iv`'rfr, t:+�Pd {tt ��k�l,'�'�, .5 L i, y+}''' %',��1F�•'ia r.''�'� 4`fI 1 (' r� i �� AF L°f if 1r �h � � rt7 ' 4fl•+ �• FY> t ' } +4 � 1 �t 1 `' • �' WIN 7 y kt Nibt 0_5 ���5`l Crisp /Granite Stop Sign' S Lx= J +, f'. ,� r L 1M� ; ..'�. / S• fi i•t` +,L r,ti ? I - I /we support the `proposed stop signs. I /we do not support the proposed stop --sic ^, I /we have another. idea:k? /V F, Crisp /Granite Stop ` I /we support the proposed stopt'signs. I /we do not support the proposed stop signs, I /w•e have anoth r idea: i AW W Crisp /Granite Stop Signs V -Iwesu support pp rt the proposed stop signs. - I /we do not support the proposed stop signs. ave ano . cl S Crisp /Granite Stop Signs - I /we support the proposed stop signs. - I /we do not support the proposed stop signs. I /we have another idea: 14 W re l ,� —_ -- -- — CrisP7�rani a top S3gns - I /we support the proposed stop signs. - I /we do not support the proposed stop signs. I /we have another idea: w o u,( h k e_ +o sew. .�}p� s► 9),3!S ©►Q 9ra�,��-� Ovid v_ o vi 8- 012, . Ra. m o n & 4- �K --�-h t e-e n Epos tug �c Olr -flu +h cut Crisp /Granite Stop Signs - I /we support the proposed stop signs. - I /we do not support the proposed stop signs. xis have o. tW but cam lea: ';+(ba o Lni Uf\x- u-) mai dam- C Lcy -40viy-D �j c TJ Qq 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868 -1200 TO: Residents in the vicinity of intersection &,- COUNCIL MEMBERS: Stan Bogosian - Paul E. Jacobs Gillian Moran Jim Shaw the Crisp Avenue /Granite WaYialdL. Wolfe FROM:, Public Works Director ` ✓�L ; . - =- `=SUBJECT: Results of s.to_p soh survey. DATE: February 4, 1997 The results of the stop sign survey are as follows: # of residents surveyed - 33 # of postcards returned - 24 (73 %) # of postcards indicating support for stop signs - 21 (880) # of postcards indicating opposition to stop signs - 2 (8 %) # of postcards indicating some other idea - 1 (4%) Thank, you for participating-.1 u the survey anal for expres.sing your views. The large response reflects the high level of concern for your neighborhood. Based on the results of the survey and staff's analysis of the intersection, staff is recommending that the intersection be designated as a multi -way (4 -way) stop intersection. The above recommendation will be considered by the City's Public Safety Commission at their meeting next Monday, February 10. The item will come up for discussion at approximately 8:00 p.m. The Commission meets in the Administrative Conference Room at City Hall, 13777 Fruitvale Avenue. Please feel free to attend the Commission meeting to express your views. Ultimately, the Commission will decide whether or not to recommend to the City Council that the stop signs be installed. If they do, the City Council will consider their recommendation on March 5. In any case, the Commission.' s decis --jon can be appealed to the City. Council by any interested party. Thank you again for your interest in this matter. If you have any questions or comments, please call me at 868 -1241. Printed on recycled paper. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 213 -7 MEETING DATE: March 5, 1997 ORIGINATING DEPT. Finance AGENDA ITEM CITY MGR. SUBJECT: Award of contract for computer hardware and software to HTE -SMI , Inc. Recommended Motion(s): Approve contract pursuant to City Council's decision at their February 25, 1997 meeting. Report Summa : Background- On June 19, 1996, City Council adopted the FY 96/97 and FY 97/98 Budget and funded the first two years of the Technology Master Plan, which included the central computer hardware and application software project. The Finance Advisory Committee, at their January 27, 1997 meeting, unanimously recommended City Council approve the agreement with HTE -SMI, Inc. for the software and hardware. At your February 5, 1997 meeting, City Council reviewed the project contract with HTE -SMI, Inc. and continued the matter to February 25, 1997 to allow for further review and comment. At your February 25, 1997 meeting, City Council unanimously approved the contract with HTE - SMI, Inc. for the application software and central computer and directed staff to agendized the agreement for a final vote at this meeting. Discussion -Staff has attached the agreement for software and the pricing for the central computer. The City Attorney has reviewed and approved the software agreement. The AS /400 will be acquired through the use of a purchase order. Fiscal Impacts: The central computer and application software contract with HTE -SMI, Inc. is $202,723.90 (inclusive of $33,814.02 reduction for selection of entry level AS /400 computer). Project budget was $290,000.00. Favorable contract payment terms on software are: 25% on contract execution, 25% on installation completion, 25% on training/conversion completion, and 25% on final system acceptance. This funding scenario works within the parameters of the Technology Master Plan. Sufficient funds are available within the existing V, C Management Information Systems budget (Program 8085) to cover the expenditure. No additional appropriation is required at this time. Component Bud et HTE • Software 1. Financial Applications $125,000.00 $50,592.00 2. Other Applications 90,000.00 46,971.00 3. Installation and Training Included 67,400.00 • Hardware 4. Equipment 75,000.00 32,760.90 5. Installation and Training Included 5,000.00 Total Software and Hardware $290,000.00 $202,723.90 • Annual Support 6. Software 36,000.00 21,500.00 7. Hardware 8,000.00 1,568.00 • Additional Services 8. Programming No Budget 125.00/hr Follow Up Actions: Execute agreement and coordinate implementation. Consequences of Not Acting on Recommended Motion: As previously reported, significant risk of total failure in the financial and community development applications remains. Productivity opportunities will be forfeited. Attachment: 1. Software Agreement 2. IBM AS /400 Pricing c: \exssum \exsm228a.97 Attachment 1 SOFTWARE VENDOR SOFTWARE LICENSE AGREEMENT This Agreement for Licensed Program(s) (the "Agreement ") is made as of the date beneath the executions appearing at the end of this Agreement by and between: HTE -SMI, Inc. ( "Vendor "), a Florida Corporation, authorized and existing under the laws of the State of Florida and having its principal offices at 390 North Orange Avenue, Suite 2000, Orlando, FL 32801 -1693, The City of Saratoga ( "Customer "). with its principal place of business at 13777 Fruitvale Ave., Saratoga, CA 95070. Vendor and the Customer agree that when this Agreement is signed by the Customer and accepted by Vendor, the following items and conditions will apply to any Licensed Program(s) offered under this Agreement. Vendor will furnish to the Customer by this agreement: 1. The Vendor Licensed Programs) listed on the Supplement(s) to Software Vendor Software License Agreement ( "Supplement "). 2. Grant to the Customer a non - transferable and non - exclusive license to use the Licensed Programs on a single computing system identified in the Supplement as the "Designated Machine ". 3. Provide services as described herein. The Customer agrees with respect to the Licensed Programs to accept the responsibility for: 1. The installation of the Licensed Programs. 2. Their use to achieve the Customer's intended results. 3. The results obtained from their use. I. DEFINITIONS The term "Licensed Program" shall mean a licensed data processing program or set of programs or routines and subroutines, consisting of a series of instructions or statements in machine readable form and any related license program materials provided for use in connection with the program. The term "Machine" or "CPU' shall mean that machine designated in Supplement. II. LICENSE The license granted under this Agreement permits the Customer to: a. Install, use and execute the Licensed Program(s) on the designated CPU (or any future replacement CPU necessitated by changes in the Customer's business operations) or display them on units associated with the CPU. b. Copy or translate the licensed program materials in machine readable or printed form to provide adequate system back -up and sufficient copies to support the Customer's use of the Licensed Program(s) as authorized under this Agreement. c. Transfer the Licensed Program(s) to a back -up CPU when the designated CPU is temporarily inoperable. d. Modify any Licensed Program(s) to form a customized solution for the Customer's use. The modification must be made in a modification library and not to the base system. Failure to modify the programs in the manner prescribed may make the Licensed Program(s) unable to be maintained by Vendor and will relieve Vendor of any responsibility to provide support services. Any customized solution using portions of the Licensed Program(s) will continue to be subject to all terms of this Agreement. e. The Licensed Program(s) shall not be reverse assembled or reverse compiled in whole or in part. III. TERM This Agreement is effective from the date on which it is accepted by Vendor and will remain in effect until terminated by the Customer upon one (1) month's written notice or by Vendor as stated in this section. This agreement may be terminated by the Customer only when all Licensed Program(s) have been returned to Vendor or destroyed. Notice of discontinuance of any or all licenses shall not be considered notice of termination of this Agreement unless specifically stated. Licenses granted under this Agreement may be discontinued by the Customer upon written notice, effective immediately, during the testing period. Either party may discontinue any license or terminate this Agreement upon written notice of noncompliance with any of the terms and conditions of this Agreement if the other party fails to correct such condition within 30 days following receipt of such notice of non - compliance. IV. PRICING AND PAYMENT TERMS All pricing and terms associated with Licensed Programs and any other Vendor products and services are specified in the Supplement A or as stated on the Vendor invoice. 2 Any taxes resulting from this Agreement or activities resulting from this Agreement, including but not limited to sales and /or use tax, will be the responsibility of the Customer. All pricing quoted in the Supplement A, unless specifically identified in the Supplement, is valid for ninety days from the date of Vendor's acceptance of this Agreement. V. LICENSED PROGRAM TESTING Beginning on the date ten (10) days after shipment of the Licensed Program(s) by Vendor, the Licensed Program(s) will be available for non - productive use for testing for a period of up to one hundred and eighty (180) days. This testing period is to determine whether the Licensed Program(s) selected by the Customer operate together and to assist the Customer in determining whether the Licensed Program(s) meet the Customer's requirements. At any time during the testing period, upon written notice, the Customer may discontinue the Licensed Program(s) and receive full credit or refund for the amount of the license fee. If written notice of discontinuance is not received by Vendor prior to the end of the testing period or if the Customer uses the Licensed Program(s) for productive purposes during the testing period, the Licensed Program(s) shall be deemed to be accepted under the provisions of this Agreement, effective at such time as Vendor provides written notice to Customer of such deemed acceptance. VI. LICENSED PROGRAM SUPPORT SERVICES Vendor will provide Customer with the following support services for the Licensed Program(s) listed in the Supplement: (a) for ninety (90) days from the end of the testing period or customer acceptance without additional charge and (b) thereafter on a year -to -year basis provided the Customer pays Vendor's annual support fee within thirty (30) days from receipt of invoice: 1. Telephone support described in the Support Services section and per the Schedule listed in Supplement A. 2. Availability of additional Customer support as requested at the Vendor standard billing rate. If on -site services are requested, they are subject to the availability and scheduling of Vendor personnel, billed at the Vendor standard billing rate plus expenses. 3. Annual product enhancements and update of the Licensed Program(s). The Customer is responsible for supplying the distribution tape or other media to Vendor for these enhancements. 4. Error corrections as made. 3 VILPROTECTION AND SECURITY OF PROPRIETARY MATERIALS The Customer acknowledges that the Licensed Program(s) constitute proprietary materials and trade secrets of Vendor and will remain the property of Vendor. The Customer will not provide or make available the Licensed Program(s) in any form except to the Customer's employees, Vendor's employees or other persons during the period they are on the Customer's premises for purposes specifically related to the Customer's authorized use of the Licensed Program(s). VIII. WARRANTY The Licensed Program(s) listed in the Supplement A will perform in substantial compliance with the reference documentation supplied by Vendor, provided the Licensed Program(s) is used in the proper operating environment. If any component of the Licensed Program(s) does not perform in accordance with the reference documentation supplied by Vendor or with the system specifications supplied by City of Saratoga and hereby incorporated as a Supplement to this Agreement, then the Customer may return the defective component to Vendor, along with all associated components that are impaired due to the effects of the defective component, and Vendor will forthwith refund to the Customer any applicable license fees paid to Vendor. Vendor does not warrant that the functions contained in a Licensed Program(s) will meet the Customer's requirements or will operate in the combinations which may be selected for use by the Customer. Any other Licensed Program(s) distributed by Vendor will be on an "AS IS" and "WITH ALL FAULTS' basis without warrant of any kind either express or implied. Vendor also warrants that the Licensed Program(s) does not infringe any intellectual property of any third party. Vendor agrees to indemnify Customer against expenses and liability arising from any claim of infringement provided Vendor shall have the right to control the defense or settlement of any such claim. If use of the Licensed Program(s) by the Customer is enjoined by any infringement proceeding, Vendor shall, if possible, obtain without unreasonable expense the right of License for the Customer to use the Licensed Program(s) or if that is not possible, Vendor shall refund to the Customer the license fee paid under this Agreement for the Licensed Program(s) and reimburse Customer for its time and expenses in installing the Licensed Program(s) at issue and Vendor further warrants that no Licensed Program(s) contain any "time bombs ", "triggers" or other programmed features that would make the Licensed Program(s) self - destruct or be rendered useless upon the occurrence or non - occurrence of a particular event. 4 VENDOR MAKES NO OTHER WARRANTIES, WITH RESPECT TO THE PARTICULAR LICENSED PROGRAM(S), EITHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IX. MISCELLANEOUS BANKRUPTCY. Vendor agrees to deposit current, complete, updated source code and technical documentation for all Licensed Program(s) into safe escrow storage. In the event of Vendor's bankruptcy or other business termination, copies of such source code and technical documentation will be made available to the Customer at no additional cost and the Customer shall have the right to continue to operate all Licensed Program(s) in perpetuity. CONFIDENTIALITY. Vendor agrees that the records of Customer shall remain confidential and further agrees that neither Vendor nor its agents will disclose such records or any portion thereof to any person whomsoever without the express prior written consent of Customer. ASSIGNMENT. None of the licenses granted under this Agreement may be sublicensed, assigned or transferred by the Customer without the prior written consent of Vendor. FORCE MAJEURE. Neither party shall be deemed in default for any delay or failure to have fulfilled its obligations under this Agreement due to causes beyond its control. NON - EMPLOYMENT OF VENDOR EMPLOYEES. During the term of this Agreement and for a period of twelve (12) months after termination of this Agreement, the Customer may not offer to hire or in any way employ or compensate any of the employees of Vendor or persons who have been employed by Vendor within the immediate past twelve (12) months without the prior written consent of Vendor. NON - EMPLOYMENT OF CUSTOMER EMPLOYEES. During the term of this Agreement and for a period of twelve (12) months after termination of this Agreement, Vendor may not offer to hire or in any way employ or compensate any of the employees of Customer or persons who have been employed by Customer within the immediate past twelve (12) months without the prior written consent of Customer. 5 MOST FAVORED NATION. All of the prices, terms, warranties and benefits granted by Vendor herein are comparable to or better than the equivalent terms being offered by Vendor to any other customer. BINDING AGREEMENT. The individuals signing this Agreement and any supplements to this Agreement for Vendor and the Customer warrant that they have been duly authorized to do so and that the Agreement and any supplement to this Agreement are a valid and binding obligation of both parties. ENTIRE AGREEMENT. This Agreement and any supplements to this Agreement along with Vendor's attached proposal dated September 20, 1996 and superseding revised pricing letter dated January 28, 1997, constitute the entire Agreement and there are no representatives, conditions, warranties of collateral agreements with respect to this Agreement other than as contained herein. AGREEMENT VALIDITY. If any part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect or nullify the remainder of the Agreement. LEGAL REMEDIES. Vendor and Customer agree that in the event of a dispute regarding the terms of this agreement, each party shall have the right to seek any and all legal and equitable remedies afforded by any appropriate court within the State of California. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of California. VENUE. In the event of a suit filed by either Vendor or the Customer under this Agreement, the venue of such suit shall be in Santa Clara County, California. Vendor waives whatever rights it may have in the selection of venue. NOTICES. Any notices required or permitted under this Agreement shall be in writing and delivered in person or sent by registered or certified mail, return receipt requested, with proper postage prepaid, or by courier or overnight service, properly addressed as set forth below or as shall be hereafter changed by written notice. Notice shall be deemed given upon delivery. The parties hereto affirm that the persons below listed are duly authorized to receive and accept such notice: FOR VENDOR: Tom Mele HTE -SMI, Inc. 390 North Orange Ave. Suite 2000 Orlando, FL 32801 -1693 FOR CUSTOMER: Thomas Fil City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 GENERAL PROVISIONS. Supplement B to this Agreement contains general provisions, which are incorporated herein by this reference. The term "Contractor" as used therein shall refer to Vendor. VENDOR AND THE CUSTOMER BOTH ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY TERMS AND CONDITIONS CONTAINED HEREIN. CITY OF SARATOGA SOFTWARE VENDOR By: By: Title: Title: Date: Date: SUPPLEMENT TO SOFTWARE VENDOR SOFTWARE LICENSE AGREEMENT FOR CITY OF SARATOGA ( "Customer ") 1. DESIGNATED MACHINE u • .raI CPU Number: The pricing quoted in this Agreement is valid only for models of the IBM AS /400 platform. Use of the Licensed Program(s) provided in this Agreement on platforms other than specified above, without written permission from Vendor, may be subject to an upgrade charge. I1. LICENSED PROGRAM(S) AND FEES Vendor will provide the Licensed Program(s) in a machine readable form with instructions for installation by the Customer. Standard form options, if applicable, will be provided by Vendor. Automated conversion services, custom form design, and modifications, will be provided by Vendor. Prices for Vendor Licensed Program(s) and related Services are specified in Schedule A. Vendor may increase its prices without notice. Unless specified to the contrary, prices quoted in this Supplement are valid for ninety (90) days from the date of Vendor's acceptance of this Agreement. These prices are predicated on the following payment items: 1. License fees are due 25% at contract execution, 25% at delivery of code, 25% at completion of training and conversion, and 25% upon final acceptance and implementation. 2. Training fees are due upon the completion of each training session. 3. Support fees are prepaid annually, the initial payment due ninety (90) days following final acceptance by the Customer and thereafter within thirty (30) days after invoicing. 4. Additional service fees will be due within thirty (30) days after invoicing unless specified. III.APPLICATION TRAINING 8 The number of training sessions and the number of days of training per session vary per application. Schedule A of this Agreement lists the number of sessions, number of days per session and the fee by application. The fees quoted are for application training only. Reasonable travel or related expenses incurred by Vendor for on site training will be billed to the Customer as incurred, but under no circumstances will exceed $75 per hour standard billing rate in effect at that time. Additional training can be provided upon request at that time. IV. SUPPORT SERVICES Support services include telephone support, extended warranty coverage and annual product enhancements. The annual support fee and the number of support hours per application are stated in Schedule A. Following final acceptance, the Customer is allowed the total support hours based on the sum of the hours per month available for the products purchased. Prior to final acceptance, no limits are placed on the number of support hours to be provided. Telephone support will be provided using a dedicated support telephone number between the hours of 8 AM. - 5 P.M. Pacific time, Monday through Friday. Vendor agrees to respond to the Customer's requests for support services within four hours and to correct any critical problem (i.e., the application is inoperable) within 24 hours and any major problem (i.e., the application is operable, but not functioning correctly) within 10 days. Support requests relating to IBM AS /400 hardware or software will be directed to HTE, Inc. If the number of support hours used per month exceeds the total amount available to the Customer or if Vendor Technical Services performs support services on IBM AS /400 hardware or software, this time will be billed to the Customer at the standard billing rate in effect at that time for those services. CITY OF SARATOGA in Title Date: SOFTWARE VENDOR LN Tile: Date: SUPPLEMENT TO SOFTWARE VENDOR SOFTWARE LICENSE AGREEMENT SUPPLEMENT A - PRICING SUMMARY 10 Exhibit 3 -1 Headquarters: 390 N. Orange Ave.. Suite 2000. Orlando. FL 32801 -1693 • (- 07) 8-11 -3215 U application Solutions for Government zn�` January 28, 1997 Thomas Fil City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Thomas, Enclosed you will find a revised RFP pricing worksheet. This worksheet supersedes any and all pricing quotes that you have received to date. What we have essentially done is included the 30 user client/server Graphical User Interface (GUI) offering as part of the license fees. We are pleased to say that this amounts to over a 525,000 savings to the City of Saratoga (The City) and an additional $4,200 sayings in the annual maintenance costs. Over a five year period this savings amounts to over $45,000. In addition to the GUI discount and the 15% license fee discount, your past working relationship with HTE, Inc. has provided us with incentive to offer special terms and conditions to help you meet the special needs of The City. Therefore, we would like to extend the following option: The City may opt to purchase our software and services in phases as long as the phase I part of the contract exceeds $100.000 for software and services. We then will "lock -in" the remaining software and services pricing until June 30, 1998 allowing The City the option to buy or not buy. Essentially, you are protected from monetary obligation on future phases should The City be unable to proceed. We are willing to discuss anv other terms, conditions or ideas that will help The City move forward with this project as soon as possible. Our goal is to make this the proverbial "Win -Win" solution and we recognize that The City, HTE Inc. and HTE -SMI, Inc. have all spent a great deal of time on this project and all of us would like to see this project begin as soon as possible. Please feel free to call and discuss anything with myself or Tom Mele. We look forward to a long lasting, successful business relationship. Sincerely, I-Jack Harward Executive Vice President M H ,a �!J City of Saratoga - RFP Pricuig Revision APPLICATIONS/ SERVICE DESCRIPTION LICENSE FEES TRAINING HOURS TRAINING COSTS ANNUAL SUPPORT TRAP41NG TRIPS DAYS PER TRIP COMMENTS Building PennilLIGU1- BP 7,440 64 4,800 1,100 3 3,3,2 Code Enforctlnellt/GUI - CE 4,400 48 3,600 620 2 3,3 Add 4 hours if using MR to bill fees. Cash Receipts/GUI - CR 3,920 16 1,200 620 1 2 Trip usually hooked to PR or PI training. Cilatiuns/GUI - PT 8,800 48 3,600 1,340 2 3,3 Fixed Assets/GIJI - FA 0 3,920 16 1,200 620 1 2 Trip usually hooked to PI second visit. Fleet Mana emenUGUI - FM 12,320 •. 56 4,200 1,820 3 2,3,2 GMBA/GIJI - GM 12,720 72 5,400 1,820 3 3,4,2 See Note 2 - GMBA. Extended Re ortin /GIJI - ER 5,680 16 1,200 860 1 2 Recommended after GMBA live. Land Management - LX Land File Conversion Accounts Receivable/GUI - MR 0 3,000 5,680 16 0 56 1,200 0 4,200 0 0 860 0 0 3 0 0 2,3,2 See Note 7 - LX. Tri p usuall y tied to another visit. Land Management module included with BP. Occupational license/GUI - Ol, 3,920 / 32 2,400 620 2 2,2 Trips usually hooked to BP 2nd and 3rd visit. Purchadri Mvento /Bids/GUI - PI 9,200 '' 88 6,600 1,340 3 3,3,5 See Note 3 - Purchasing. Pa oHfPersonneVGIJI - PR 9,200 88 6,600 1,340 3 4,4,3 See Note 4 - Payroll. Applicant Trackin /GIJI - AT 5,280 16 1,200 860 1 2 Planning & Zoning/GUI - PZ Facility Mana ementIGUI - WF Query/400 Traiiiing Menu DriwirTraining AS /400 Supportfine Network Su online Office Vision Training GUI Traistinr SysitmTraiiiinglInstalbSetup 5,280 12,320 '' 0 0 0 0 0 0 0 44 48 16 16 0 0 16 0 0 3,300 3,600 1,200 1,200 0 0 2,000 1,000 5,000 860 1,820 0 0 3,500 1,500 0 0 0 3 2 1 0 0 0 1 I 1 1 2,2,1 3,3 2 2 0 0 2 1 5 One day live will be hooked to another trip. See Note 6 - WF. See Note 5 - Recommended after Financial "live ". See Note 5 - Recommended along with Query/400. See Note 8 - 24 hour AS /400 System Su online. Note 9 - Network Su online. ffigWy Recommended, possibly can combine trip. Trip may not be required, possibly done al Install. See Note 1. SUB - TOTALS 113,080 772 64,700 21,500 1 37 Less Vohune Discount (15%) 16,962 772 64,700 21,500 J7 TOTALS 96,118 1/20/97 Supersedes previous RFP Pli=mg Page I SARA4.XLS City of Saratoga - RFP Pricing Revision Notes: Installation - Application Software, System Ilardware & Software, Application Software. Note I: Inst all ation/Training/Sekip: I ITE -SM I Tecluucal Services group provides AS /400 installation assisiarrce for new system i nsiallations. IffE -SMI will order, track, schedule delivery for the proposed AS /400 system,. In addition, IITE -SMI will bill and invoice the customer for the proposed AS /400 system arnd associated peripherals. An AS /400 consuhant / System Engineer will assist with : • Project Planning / Management to ensure timely and accurate implementation of deliverables. • Provide pre -site planning review. • Perform on -site services such as installation of IBM Cumulative system software and maintenance tapes, installation of IITE -SMI applications software (including base menu cn set -up and security setup). ' Install proposed non -IBM and IBM customer sel -up equipment. ' Define system parameters and devices to the AS /400. A' And, provide system operations / administration training for up to 3 users. XNote 2: GMBA - An additional 2 day visit is recommended during first quarter of use. Note 3 : Pnuchasing - A separate 2 day visit for Bids training is more beneficial after Purchasing has been live for 30 days. The Bids system makes heavy use of history and Commodity /Sub - Commodity files. If end user departments are to be trained by I ITE -SMI for requisition entry, a 4 hour class per department is recommended. Maximum recommended class size is 12 students. Note 4 : Payroll - A 2 day follow up visit for Payroll is recommended. Specific issues; Month -end, Budgeting, udegration to general ledger. If user departments are to be trained for "time- entry" a 4 hour class is recommended for each department to be trained. Up to 12 students per 4 hour session. Note 5 : Query/400 and Menu Driver Training - Both of these training classes are recommended after or along with the GM, PR, & PI "live" visits for maximum benefit. Recommend discussions with the City to determine the best time during installation to receive maximum benefit. Note 6 : WF - An additional visit of 2 days per department, over 4 departments is recommended. Note 7: LX - While LX training is substantially included in the associated application, a customer is urged to opt for LX trai nurg. This is typically desirable if one department or area will be responsible for the maintenance of the LX syslerns. This is priced above. 1/20/97 Supersedes previous RFP pricing Page 2 SARA4.XLS City of Saratoga - RFP Pricing Revision Notes : IITF Technical Support Services (AS /400 and PC /Network). Note 8 : i1TE AS /400 Supporthne services augments your annual apphcafion support and is required. IITE AS /400 Technical Support Line is an IITE service to help enhance the productivity of AS /400 users and support staff. It is designed to provide customers a single focal point for AS /400 system- related issues. IITE Support Line is available S days a week, 8 hours a day. IITE Support is accessible either electroiucally or by telephone. The IITE AS /400 (Technical) Supportline provides assistance with : • Usage questions for system software such as Office Vision/400, Query/400, Rumba/400. • Usage questions for system software uitegration with HTE applications. System operator and system software integration with IITE applications. • Device set-up and connectivity issues. System software and hardware upgrade planning. M• Assistance with hardware problem notification and management to 3rd party vendors. _ • System software problem handling and resolution. • r-I Note 9 : Optional Network Technical Supportline (highly recommended) The IITE Technical Supportline for PC's and Networks provides assistance with: • General LAN/WAN questions. • Device set -up and connectivity issues. • System operator and system administrator usage questions such as responding to messages, t security, profiles. • Usage questions for system software integration with IITE applications. • Assistance with hardware problem notification and management to 3rd party vendors. • Network Operating System assistance configurations and tuning. • Bulletin Board assistance for fixes. 1/20/97 Supersedes previous RFP pricing Page 3 SARA4.XLS SUPPLEMENT TO SOFTWARE VENDOR SOFTWARE LICENSE AGREEMENT SUPPLEMENT B- 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. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. 2. LICENSES; PERMITS; ETC. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever 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 License. 3. TIME. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract "occurrence coverage" insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ( "occurrence" form CG 0001.) 1 (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 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 combined single limit per accident for bodily injury and property damage. (3) Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self- Insured Retention. Any deductibles or self - insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self - insured retention as respects the City, its officers, officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of 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. b. 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. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. 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. (2) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. (3) Professional Liability. Contractor shall carry professional liability insurance in an amount deemed by the City to adequately protect the Contractor against liability caused by negligent acts, errors or omissions on the part of the Contractor in the course of performance of the services specified in this Agreement. (4) All Coverage. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. F. Verification of Coverage. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. G. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. H. The Risk Manager of City may approve a variation in those insurance requirements upon a determination that the coverage, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. 5. 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. 4 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. 7. PERSONNEL. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, based on good cause as transmitted to Contractor, 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. 8. STANDARD OF PERFORMANCE. Contractor shall perform all services 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 instruments of service 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. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, 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 active or passive negligence of the Contractor or of any subcontractor. Contractor shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all 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 work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. 5 Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11. COMPLIANCE WITH APPLICABLE LAWS. Contractor shall comply with all laws applicable to the performance of the work hereunder, including, but not limited to, laws prohibiting discrimination based on race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex. 12. USE OF RECYCLED PRODUCTS. Contractors 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. M. w a 00 0 N C- CD �lzzt E w m N w v z W Q CO M C� 07 .4 N N O O O O z i1J I LL Sy stem'Total $40,b3�# 00. S-2 10. 537 ?760:90: $iir,568:#1Q= S1,568.00 *rove 1: System confiaurations and sizing are based on information contained in the RFP. HTE reserves the rigbt m ma]d changes to the final conbecaation based on furtltea discussion andfor an on -sits analysis. Prices sta0ed an valid for 90 days from the proposal submission date. If applicable, the prices for IBNI products and services are subject to change and are submititd for your information only. The terms and policies of the IBNt Corporation govem any portion of this proposal relating to I9M products and services. Installation andlor training prices do not include travel and living e..cpenses. Actual crawl and living uses fur installation andfor training trips will be re-billed to the customer. •' Note 2: The Maintenance Fees shown are fur informational purposes only. Maintenance fires are payable directly to the Manufacturer or other party providing the maintenance services. Please do not include these maimmnance fires in any purchase orders or payments sent to HTE_ Sartoga3 H.T.E., Inc. CONFMEN- LkL Time 4:10 PM SUMMARY HTE System Hardware / Software Investment Summary N City of Saratoga, California 4J 2/21!97 U 4 Description Extended Discount Net aintenance. Cost Cost Annual AS /400 System Hardware. S31,769.00 $2,573.0 $29,195.50 $1,068.00 AS/400 System Software $3,74.00 $299.60 S' ),4-45.40 $500.00 Workstations $0.00 $0.00 $0.00 $0.00 Network $120.00 S0.00 $120.00 N!A Lnstailation and Training $5,000.00 50.00 $5,000.00 N/A HTE AS /400 Support Line Services $ t5eq..00 HTE Network Support Line Services $599.00 Sy stem'Total $40,b3�# 00. S-2 10. 537 ?760:90: $iir,568:#1Q= S1,568.00 *rove 1: System confiaurations and sizing are based on information contained in the RFP. HTE reserves the rigbt m ma]d changes to the final conbecaation based on furtltea discussion andfor an on -sits analysis. Prices sta0ed an valid for 90 days from the proposal submission date. If applicable, the prices for IBNI products and services are subject to change and are submititd for your information only. The terms and policies of the IBNt Corporation govem any portion of this proposal relating to I9M products and services. Installation andlor training prices do not include travel and living e..cpenses. Actual crawl and living uses fur installation andfor training trips will be re-billed to the customer. •' Note 2: The Maintenance Fees shown are fur informational purposes only. Maintenance fires are payable directly to the Manufacturer or other party providing the maintenance services. Please do not include these maimmnance fires in any purchase orders or payments sent to HTE_ Sartoga3 H.T.E., Inc. CONFMEN- LkL Time 4:10 PM SUMMARY I,- w Date 2121197 Time 4:10 PM cn AS/400 HardwarelSoftpare Technical Support Services HTE SYSTEM TRAINING / INSTALLATION ASSISTANCE HTE Technical Services group provides AS,400 installation assistance for new system installations and for AS.�400 system upgrades. HTE will order, track, schedule delivery for the proposed A9400 system. In addition, HTE will bill and invoice the customer for the proposed AS ?400 system and associated peripherals. o An AS4400 consultant/ System Engineer will assist with: ICT * Project Planning /Management to ensure timely and accurate implementation of deliverables (0 * Provide pre -site planning review lzzr ti * Perform on -site services such as: ° * installation of IBM Cumulative system software maintenance tapes * installation of HTE application software • installation of proposed non -IBM and IBM customer set -up equipment • define system parameters and devices to the AN400 * provide system operations 1 administration training for up to 3 users U Z 2 Q M M C'_ .4 C_ P __4 N N\ O pV O W Li Sartoga3 H.T.E., Inc. CO1VMENT1AL SUPPORT e w cs Q a Date 2121/97 A61406 HardwarefSoftware Technical Support Services HTE TECILNIC -kL. SUPPORT LINE HTE Technical Support Line is an HTE service to help enhance the productivity of AS ?400 users and support .staff. It is designed to provide customers a single focal point for AS.400 system- related issues_ HTE Support Line is available 7 days a week, 24 hours a day. HTE Support is accessible either electronically or by telephone. 00 The HTE Technical Support Line provides assistance with: �v° * Usage questions for system software such as Off[ceVision:'400, Query /400, Rumba-'400 Co lzzt * Usage questions for system software integration with HTE applications o* System operator and system administrator usage questions such as responding to messages, security: profiles v * Device set -up and connectivity issues U r� Co m ti ti rn N N O p� Op Z Di LL • System software and hardware upgrade planning • Assistance with hardware problem notification and management to third party= vendors * System software problem handling and resolution The HTE Technical Support Line for PC's and Networks provides assistance with: * General LAN.-VAN questions • Device set -up and connectivity issues • System o erator and system adminis�or usage S ^ p _ questions such as responding to messages, security, profiles • Usage questions for system software integration with HTE applications ' Assistance with hardware problem notification and management to third party vendors ' Network Operating System assistance configu:ranons and tuning * Bulletin Board assistance for fixes Sartoga3 H.T.E., Inc. CONFI ENTIAL. Time 4:10 PM SUPPORT d/< 1 SARATOGA CITY COUNCIL , rcAl? EXECUTIVE SUMMARY NO. 2-S:34, AGENDA ITEM--2f) MEETING DATE: March 5, 1997 CITY MGR. ORIGINATING DEPT. City Manager's Office) SUBJECT: Design, Purchase and Installation of Television Equipment for Emergency Broadcast Purposes and to Televise Adjourned City Council Meetings. Recommended Motion(s): Approve expenditures not to exceed $25,000 from the CATV Refund Trust Account for the purpose of designing, constructing, installing and training staff in the use of video broadcast capability for the EOC and the Senior Care Center. Direct that the appropriate amending resolution to the 1996 -97 budget be presented for formal approval on the consent calendar for the March 19th meeting. Report Summary: As directed by Council staff has worked with technical staff at KSAR and a volunteer video engineer to develop a project for installing video equipment for live telecast of Adjourned Regular City Council meetings being held in the Senior Care Center room and in the EOC for live .telecast of emergency information during major emergency operations events. Two proposals are presented, one with a cost of $21,200 and another for a cost of $25,000. Staff recommends the second proposal which provides for greater capability and flexibility in terms of EOC generated information even though it is the somewhat more expensive proposal. Funding for this project would come from the $61,000+ currently available in the CATV Refund Trust Account. This money can only be used for Public, Educational, or Government community access purposes, either in terms of operational costs or capital costs. Fiscal Impacts: Purchase and installation of the equipment would reduce the Trust Fund balance by $25,000 leaving more than $36,000 available for future support of PEG community access activities and equipment, including payment of the expanded future costs of telecasting city council meetings live. This cost is currently about $3,000 a year and would increase by about another $1,500 a year since one technician would be required to operate the system for the city council meetings. Advertising. Noticing and Public Contact: These proposals have been discussed extensively at the KSAR Board meetings. Consequences of Not Acting on the Recommended Motions: The City will not have emergency telecast capability during times of major emergencies nor will it be able to telecast adjourned city council meetings. Follow Up Actions: Prepare a letter agreement with the video engineer to do the design and construction work indicated and to purchase and stall the equipment and train assigned staff in the use of the EOC telecast system. Attachments: Staff Report with Attachments DATE: March 5, 1997 TO: City Council FROM: Harry Peacock, City Manager SUBJECT: Design, Purchase and Installation of Television Equipment for Emergency Broadcast Purposes and to Televise Adjourned City Council Meetings RECOMMENDED ACTIONS Approve expenditures not to exceed $25,000 from the CATV Refund Trust Account for the purpose of designing, constructing installing and training staff in the use of video broadcast capability for the EOC and the Senior Care Center. Direct that the appropriate amending resolution to the 1996 -97 budget be presented for formal approval on the consent calendar for the March 19th meeting. Last December the City Council determined that the public would be better served if adjourned sessions were held in a larger room than the administrative conference room and if those meetings could be televised live as are regular sessions. Staff was instructed to 1) determine which room in the community/ senior center complex could be made available with least disruption to evening classes and recreation programs and 2) once a location was determined to prepare a proposal for equipping the room for live television broadcast. Discussion also took place at that time about going forward with the plan to equip the Emergency Operations Center for live broadcast during emergencies as a par to the City's overall Emergency Preparedness Effort. It was noted that the cable franchisee had been required to wire the EOC for such direct broadcast and that had now been completed and what remained was to design a system, purchase the equipment, have it installed and train the appropriate staff in its use. Staff did survey the availability of room space and subsequently the City Council chose the Senior Care Center as the location for future regular adjourned meetings. With that decision staff was able to proceeded, with the assistance and cooperation of the KSAR staff and the KSAR Board, to develop the attached list of equipment and its costs to equip the EOC and the Senior Care Center for telecast. Work on these proposals was completed on February 27th and it presented to the.Council at this time for action. On the funding side of the equation, Council will recall that last fall, through a court settlement with the previous cable operator the City received some $60,000 in funds to be used for PEG purposes. These funds may be used for operational purposes, to purchase new equipment or to replace existing equipment used in the operation of KSAR or City telecast facilities. DISCUSSION The attached proposals provide two options for the EOC, a bare bones approach at a cost of $12,055 or $15,530 for the preferred option. The proposal for the Care Center is $7,930. The EOC bare bones proposal would allow the City to go on Channel 6 and using a small video camera mounted on a copy stand to show graphics or text over KSAR with audio of what is being shown. This would not allow for a preview of what is to be shown, allow for a crawl message approach to providing information nor allow for the viewer to see the face of the person talking. The preferred option would provide for these added features by providing for a second camera, a second monitor for previewing and a character generator with roll, crawl and key insert. In the opinion of staff and the technical people who have worked on this project, the preferred option is the one Council should authorize. The equipping of the Care Center Room would require an operator to run the equipment during meetings. The current cost for this is about $12 an hour for staff, provided through KSAR but paid for by the City. Assuming that about 20 meetings a year would be televised this way with an average length of 4 hours including set up and close up time this translates into an additional operation cost to the City of about $1,000 a year. Initial equipment costs of $5,500 would require that about 15% of that initial cost be set aside each year for maintenance. So the increased operational costs would be about $1,,500 a year. The proposal for the Care Center Room includes two video cameras, a camera head and tripod with mounting hardware, color monitors for the program and preview function and audio mixers and microphones. The detailed costs for Design, Construction, Audio /Visual Equipment and Supplies for each of the three proposals is attached. The equipment costs do not include sales tax so that would have to be included in any authorization to expend the funds for these projects. Overall the bare bones plus Care Center proposal would cost about $21,200. The preferred plus Care Center proposal would cost about $24,950. Attachments (3) Saratoga EBS Podium (preferred) Saragoga EBS Podium #2 (bare bones) Saratoga Senior Center 2/27/97 Sheetl Saratoga EBS Podium A B C D HOURS RATE.... W °EXTEND Podium Audio and Video Design layout 8 Desi n reviews/ Pre Post designs meetings 4 Equipment / Supplies requisition 10 ^Subtotal W, Modifv Podium 8 Install equipment into podium 8 Build Audio / Video and Control panels 4 Wire all Audio / Video and Control Systems 8 Time all systems together and confirm operation. 4 Final Documentation 4 Instruct end user on proper operation of system 4 40$4;:5,0,0 -$ -_ 1,A800 00..: LABOR��COSTTOTAL < .:._ MM",, AUDIO, . /VIDE' EQUIPMENT w.� h �r..,.,< ,. -- is ......... Podium $ 1,500.00 Small Video Camera $ 2,500.00 Camera on Copy Stand $ 3,000.00 Character Generator with roll, crawl and key insert $ 2,500.00 Dual 8" color monitors (P gm and Pvw $ 1,200.00 Dual 4x1 video switches $ 650.00 Podium with pre amp mixer $ 1,000.00 ..,. ',. ..: s SUPPIJES .:A;' ��. Video Cable Belden - 8241 $ 55.00 Audio Cable Belden - 8451 $ 45.00 Video BNC Connectors $ 45.00 Audio XLR, 1/4 ", Connectors $ 175.00 Electrical and Rack Hardware Subtotal h 390 0 0 MATERIALS TOTAL. �u r 7,40..0,0 PROJECT TOTALS. . `. ;x: x•< `k W Page 1 KSAR 6 TRAINING CLASSES KSAR 6 Saratoga Community Access Television is a non profit organization responsible for operating the public, educational, and government access channels for the community of Saratoga. We provide facilities, training, and support to members of the community who wish to use this medium for the free expression of ideas. People wanting to use our facilities must take the introductory studio class to get started. Other classes are then available depending on a person's interest and ability. The advanced classes may be taken by people who have produced or crewed on three separate productions. INTRODUCTORY CLASSES L INTRODUCTION TO ACCESS TELEVISION / STUDIO TRAINING Objective: To teach the basics of producing a show for Access Television. These classes are two three hour sessions, each will aquatint the student with the equipment and techniques used for a studio production. The class will tape a show that will be aired on KSAR. 6 hours Class size: 10 Tuition: $25.00 Class I Class Orientation 1.5 hours Audio/Lighting 1.5 hours Cameras/Directing/Switcher 1.5 hours Show 1.5 hours II. BEGINNING FIELD PRODUCTION Objective: Training in the use of cameras, microphones and lighting equipment used during productions "on location ". 3 hours Class size: 6 Tuition: $20.00 III. BEGINNING EDITING Objective: This class is geared towards teaching the effective use of professional video editing equipment. Editing is a fascinating process that demands both technical expertise and creative flair..The class is taught in the 3/4" U -matic Edit Suite. 2 hours Class size: 2 Tuition: $15.00 ADVANCED CLASSES L DIRECTING Objective: Advanced instruction in Directing techniques. 3 hours Class size: 4 Tuition: $20.00 II. TECHNICAL DIRECTING Objective: Advanced instruction in the use of the switcher. 2 hours Class size: 4 Tuition: $15.00 M. ADVANCED FIELD PRODUCTION Objective: Instruction in the use of more sophisticated field equipment. 3 hours Class size: 6 Tuition: $20.00 IV. ADVANCED EDITING Objective: Introduction of more elements to the editing process such as special effects, This class is taught on 3/4" Sony VO 9850 SP U -matic decks in the TV studio. 2 hours Class size: 4 Tuition: $15.00 V. CHARACTER GENERATOR/ GRAPHICS Objective: Instruction in the use of the computer to create credits and graphics for shows. 2 hours Class size: 4 Tuition: $15.00 These classes are open to people of all ages and ability. Please specify the name of the class or classes, dates and time, you wish to attend. Enrollment is based upon receipt of payment. Please make checks payable to KSAR and mail to: Tessa McGoldrick / Community Access Coordinator KSAR 6 - WVC TV Studio 14000 Fruitvale Ave, Saratoga, CA 95070 DON'T JUST WATCH TV - MAKE IT! ?127/97 Saratoga EBS Podium 4�z Page 1 A B C D 2 Podium Audio and Video design layout 3 Design reviews / Pre and Post design meetings ..r 4 4 Equipment / supplies requestition 10 _ 6 7 Subtotal: 22 $45 $990.00 sx.:ou:c)' .SS...F # �:fi:i yzy:tR::l::l::t: %: %i::':Y .. >k`. >tnf eQ t4 ! > Y s C3 : k qS Q:' 8 .:. > ..: Y .:....::. . . :... .,..., n. ae • >.•,.,. <..<.ke: Y.n. '! !3 Y .G--'Q. 1 k.k's. R.. .... >.k, 9 Modify podium 10 ~� Install equipment into podia r► 6 11 J� Build Audio / Video and Control panels 4 12 V11iFe all Audio / Video and Control systems _ 7 13 Time all systems together and confirm operation. _ 2- 14 !. ` Final Documentation 4 15 _ instruct end user on groper operation of system �^ 4 Mr mm 16 Subtotal: 35 X45$1,575 .00 H _— 19 : n: 4: t• kn;•>: sni:f:�:i[exn:.xn <•:�xn:• ^:...:. : ):J.e akk > x ,o i �,: :, 4 ,;.':k;.: J e: J: t•%• ::.):R:.Y:.k:i::4::::::l::S..): :.): :n:4:';l; ::4::: :• ..:.:.: .:. :.:... :.•,.;., :.... >: S: >.[.e.4.t)>'1 YJ .Q,QR� RR }'Y; % %t.n.. n.?�:k.xe:n:q.g:nx•.0 t k str.t %.vk• <�t .. k 5. k�• Y ..... ... ,. 20 S R<. Y.:f:Q <'t: }: >!�:l:l.> 1. tA1 YRQ� > t >. .: f f ... <:..?:nk•; . %Y .1 .< .> 21 .:.:.:.:...:. :.:.:..:::.;.. ;....; ,.:: :.:::::.:::..:.:.......:.::.:.: . . , , �l�l'� . 1."fY:f . .. :kRdY >i.ak;: >,:R) e:.k , :ek : < .:t.k.Y:n:o. : b:R : n.k <.: >�� i ^ _Podiu_m .:> : t•:f:. . n.>i.: : . nR.R,:2.44.::. Ja <.1>.: ::.. . ,A<: :s.Y.:r : .. <.:,x3:•to ::Rcr:f: n ::: :k<..n;,::..nk:s R > ::. .n ::Re: xn>::::•: , : :�e::a:>.<:n:sL::.ka> j . a :: �<xu ..:i .f..s: :.i,' .sfi .f.:: n.4 :. o.<.:� :::a . ; ::r >e:i . :.zs '>::::, ::.axe•t:�:::Ro::.,:.'v'<: :.: } :> ::i a> :v >•t' :}i1 ' ::: �}::::) T'.! ...� :t:•:...k3xt +.,: e:k.:k.k R:k:.. ,•,,.,.; �: f $1,500.00 .22 23 24 25 Smell Vidan Camera $2,500.00- 26 Camera on Copy Stand $3,000.00 27 1- 8" color monitor (Pgm and Pvw) $700.00 28 Dual 4x1 video switches I $400.00 -- 29 Podium with pre amp mixer —$1,000.00 30 _ - - - -- - -____- 31 32 - - -_ _— - — - -- Subtotal: 1 $9,100.00 33 _27— 34 ,0 . ... .. _677 . ;W36 .. .... :....: f .,. '..k . . >R f i , frs R < :k.R< .R.:<k:sft . ! x > e', . )<'. ...e', .5..,,. . ,..t,.. t >.:[;R ,Y:R<#.,,�[ >. '., i. , k,",e.` S,, . •f•: 4#..d:< Z s l.R>f: , e < ,:j: a .'. •• }.t:.• .< >i , v>. k:e .00 :<t;oY; r: >t .;k o>n: .:).. : ::x >:' :[ Video Cable Belden - 824s1 1 ks.v. . Rn : f .`:Y i : in> s "k , ' R n :R �' :l' .):%ew.:; :k i,::.9 e x� %pR , :: Re<k:::ioxR : F:; a> be<a k:a. ' .• :>xt $•; 7tr.'. .ss Y.0 n.4f: 0 0 vf . 37 3$55.00 Audio Cable Belden - 8451 39 Video BNC Connectors �_ $45. 00 40 Audio XLR, 1/4", RCA Connectors µElectrical $45.00 41 and Rack Hardware. _ $175.00 42 43 - -�" 44 Subtotal: $390.00 y . ..t. -'k' .n3:..ar,.>yh:. <.. ,f. •,:k :..<.>> o.t.: >'if: >v.n:iJlk:ik:R::i k:k:i•, ? <I£'ft: {x . >. f.,.>S., s.,. f.. e s <:Y;t R.,:. Y:ak: t f. 1.,k R•<; i;bp:e:::o:n: <;:tr.k: <r:o:e,�,., t k f. s.n e. <: f..> R %� Q �i4�i��.w7 .......... .. . ... .<.:. :<x.:.,:r.4. )ee. :e ka t:..:a:t..R <t e.n •<•<. >:.f:n:n:e.,t.Raf<t:.>o.R:L:::: T>•LwRto ;:f >ekk. q. s.:Qx ?:::: >.e o:e ...., . ,.,, .> :kex :.tr:ex. >: % k k R R > > ! R.S:: ;xe re %.<•k.S: x.. Y.: T. ' . k.. k> 3 . k:R'i•e:�;x; >:R.[• <'<.f.JM:k::2.. a:: S Q i k < < � n Dye'°' ,'T7i, R )::kew:1•Rb;•ri> R R i e Q< e f e e Q x s S 7: �r < �a1 n{ t e k k .tt.k>?.R.i >> k R k > s S f >.b.o:k R .f >S:.if:d:n.o ?.e•>: %e!'i:afaaR eYZ<k:fi:fi:f; �;':u is i k k x,t•t < s[ k -., .. ..... .......:....... :.:. :... ... .. d.. ,.,:.t•i. 6.n o.. >.e < >:Y v,.kR eo. :.R',n:ftY;:2;•;xgyk.es e.q: .a2;lt' > } kRR x,Y: >4:e:ex f5k i. qR�,. >.4. ..etra » »e:4R:dsR:f<: ::+. [ 47 48 49 Page 1 2/27/97 Saratoga Senior Center Page 1 A B C D 2 Senior Center Audio and Video design layout 4 3 Design reviews / Pre and Post design meetings 4 _.- 4 Equipment/ supplies requestition — 8 j 6 7 Subtotal: 16 j $45 $720.00 r ,p..i ..:� ?. ...•. � 'fi, 1. >.e.wt > .v...v, ,.. .:.,.. ` k i : 6 O •�N t } >n t. k.i: e.. Y ...es p 9 Build u Production Cart Bud 10 Setup Cameras and Equipment in Room 6 11 Wire all Audio / Video and Control systems 6 12 Time all systems together and confirm operation. 2- 13 14 Final Documentation M.� Instruct end user on proper operation of system 4 4 ^ _ — 16 17 __ Subtotal: 1 28, $45 1 $1,260.00 18 ., .�,.1.. x, ..- 4 yA t x P i� bif R a kei r �= �'� >,ZR fi..tte i. , $2, 000' .00 20 .:..:.. ... < >.:.i. ,... .: .., ..,e J.,e ..,. 21 22 t i147�f _! Sfi2 Rf k f iZf: Z 2 Small Video Cameras 24 25 26 Camera Head and Tripod, Mounting Hardware ­ Color monitor (Pgm and Pvw) $1,000.0o $700-00 27 28 ...... _w �- $5,500.00 Subtotal: 33 34 .R:Sii:>fR::: a:i3::Y:(j :': � :'•:.:': ate; (� `� { !<� r >:xox•r. >•.3;'<•.`('!.'s': ^ „i•' :.Y'.:.... ;Y,::; ,; >.. 't R. : ,,:,; ... .::.:. ..s...i >.. .s. .:.::,> ::.,. A .hY � °.`'.:i,i't.fLY..,,,,'.,q<.. >k'5... >R.f::, Video Cable Belden - 8241 >:• >:ax.:::iP:. <i£;'.`i>�:o:: <,,.r R.,, r.xixn..`: �. >. x:. s.. �,.t� �5.: i i,.,.. 'r,'s, ..._ ,.t.<.<�:.. �° a ^„i. S.< Y.li!•. R > e:';: ^e., a' t < .Y,a < <:.i., ::•:,,.! r}f,>S F ;. S. ;.kYSt`9.::vt.! y.... .,i.fi $70.06 36 37 38 Audio Cable Belden - 8451 _ y $115.00 39 Video BNC Connectors $45.00 40 Audio XLR, 1/4 ", RCA Connectors $45._00 41 Electrical and Rack Hardware. �— $175.00 as 44 _ ^_ Subtotal: 45 x ^:fi�i : P1:v::.=.x.w ; %:oxe:n;oxY;=:xd ><• ?;i; +e >: k Iii�A�tL t'"'.> R>. < ,, >n.n,::R . i>a::. R XRs:,;..:k a.:. 1<.Zx. .x.<. ; o<x,><...y.g; : : >gs.J. <:Z:.r :U:::e::..' <.: .x 'R, .:f.,. . 9>:.,:<;: t:>:.•. s. a i. RfPS�2.Y:.. .4 . R. >.:n,..:R,•. ,r.. <>. J. R ,e.A;• :S;:. :.f, ,: e< >: >Jy.xa �. y:: .a�k.,.. :.S:�;::. ar., xk,.^ : ^f x.{ti:a:: ,k,:. , ' : R4Rke k.aY. {.e:'ii`•yE•fi•4a :g<a; : ::aZ:�s . t, : :i { a>; .,<n:. , i Y � .Pt::' ONO YRRf fl �'. k .ek S.,.i a PI 2>;> = S '> 9 txYf.. .�. <s.l k.'• >. >. s.' >`.f;.P:f ,%� ZS' �>..;,:: <. >.orre;: :':. i . {> rJCRk: <ikSb xa <t x k <:!• ^:� . x. ;.:::•..'x:R:4.k :ii:.`:%�::,'. <.,i��}; yj• ° ' V. ,:.: ... � ... .. .... ...: �; .. ...x',1,1:..: ... <.e >....: rn.,..Ya.<., ,: ,:•.: .., ,:.,: •s ....�•:.• ... ... i.J. <.,:: ,:..:e:.. ,.,.3i ':�•.cf�r iT,`!'. �1i.. �!'. a:.....:....' 47 48 49 Page 1 6-36) SARATOGA CITY COUNCIL, EXECUTIVE SUMMARY NO. 2— F3S AGENDA ITEM MEETING DATE: March 5, 1997 CITY MGR. ORIGINATING DEPT.: Finance SUBJECT: 1996/97 BUDGET AMENDMENTS Recommended Motion(s): Approve resolution amending the Fiscal Year 1996/97 Budget for various management appointments and the City Manager departure. Report Summary: Attached is a resolution amending the 1996/97 Appropriations Budget for the above referenced personnel changes. Also included with the resolution are a Budget Resolution Supporting Worksheet and Resolutions Approved schedule. Authorization of this resolution would transfer funds within existing appropriation limits to cover personnel costs associated with appointing the Public Works Director to Acting City Manager, the Associate Planner to Acting Planning Director and the departure of the City Manger. There is no budgetary impact to General Fund balance as a result of this action since adequate funds, due to personnel vacancies, exist to cover the transfers. Fiscal Impact: None at this time. The selection of an interim or permanent City Manager will likely necessitate the transfer of funds from contingency. A resolution will be prepared once those costs are known. The unaudited fund balance as of 1131197 was: 1- General Fund $3,594,075 Follow Up Actions: Post entries to system. Consequences of Not Acting on the Recommended Motions: Unable to pay personnel costs associated with this action. Attachments c: \exec sum m \exs m0228 b.97 1 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2 o'-3 AGENDA ITE MEETING DATE: MARCH 5, 1997 CITY MGR.: ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD 6/--, SUBJECT: ADA Improvements (Phase 1) - Award of Construction Contract Recommended Motion(s): 1. Move to declare J.J.R. Construction, Inc. of San Mateo to be the lowest responsible bidder on the project. 2. Move to award a construction contract to J.J.R. Construction, Inc. in the amount of $83,790. 3. Move to authorize staff to execute change orders to the contract up to $10,000. Report Summary: Sealed bids for the first phase of ADA Improvements (105 handicap ramps throughout the City) were opened on February 20. A total of five contractors submitted bids for the work and a summary of the bids received is attached (Attachment 1) . J.J.R. Construction, Inc. of San Mateo submitted the lowest bid of $83,790 which is 100 below the Engineers Estimate of $93,100. Although staff has no previous experience working directly with this contractor, staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated February 5. It is therefore recommended that the Council declare J.J.R. Construction, Inc. to be the lowest responsible bidder on the project, and award the attached construction contract (Attachment 2) to this firm in the amount of their bid. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $10,000 to cover any unforeseen circumstances which may arise during the course of the work, or to allow for additional ramps to be built if suitable locations are found. Fiscal Impacts: Funding for this work is programmed in the adopted budget in Capital Project 9302 (ADA Improvements) , Account No. 4510 (Contract Services) . The adopted budget contains $163,100 for both this work and for ADA related improvements at City -owned buildings. The source of the funding is the Community Development Block Grant program so there is no General Fund impact resulting from this project. The remaining funds programmed in the project will be expended over the course of the next year as the City continues to achieve compliance with the ADA's public access requirements. Advertising Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: J.J.R. Construction, Inc. will not be declared the lowest responsible bidder and a construction contract will not be awarded to that firm. The Council may make specific findings to declare another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re -bid the entire project. However, staff does not believe that a lower bid will be obtained by re- bidding the project due to the relatively small spread between all five bidders. Follow Up Actions: The contract will be executed and the contractor will be issued a Notice to Proceed. Work will most likely begin in early April and last through the end of May. Attachments: 1. Bid Summary. 2. Construction Contract. CITY OF SARATOGA I BID SUMMARY: ADA IMPROVEMENTS PHASE I BID OPENING DATE: FEBRUARY 20, 1997 I I SPOSETO ENGINEERING, INC. I I UNIT PRICE I I I TOTAL I I UNIT PRICE I I TOTAL I I UNIT PRICE I I TOTAL I I ENGINEER'S ESTIMATE $74,880.00 1 I ITEM # I ITEM DESCRIPTION I QUANTITY I UNITS I I UNIT PRICE I TOTAL 11. 1 TYPE E P.C.C. HANDICAP RAMP I I I 961 I I EA I I 5850.00 1 II I $81,800.00 2. 1 TYPE F P.C.C. HANDICAP RAMP I 61 EA 11 $1,000.001 $8,000.00 13. 1 TYPE G P.C.C. HANDICAP RAMP 1-1 1 31 EA 11 $1,000.001 $3,000.00 14. 1 P.C.C. ISLAND CUT I I 1 2501 I I SF I 1 $10.00 1 II I $2,500.00 1 TOTAL I 1 I 599,900.00 j I II I I I I $93,100 .00 J.J.R. CONSTRUCTION, INC. I LUCAS CONCRETE I I I SPOSETO ENGINEERING, INC. I I UNIT PRICE I I I TOTAL I I UNIT PRICE I I TOTAL I I UNIT PRICE I I TOTAL I I 1 $780.00 I I I $74,880.00 1 I $850.0o 1 I $81,800.00 1 I $930.001 I 589,280.00 1 I I $840.001 I I $5,040.001 I $850.001 I $5,100.001 I $930.001 I $5,580.001 I 1 $840.001 I I 52,520.001 I $850.001 I $2,550.001 I 5930.001 I 52,790.001 I 1 $5.401 I I $1,350.001 I - 515.001 I $3,750.001 I $9.001 I $2,250.001 I I I I I $83,790.00 1 I 1 I $93,000.001 I 1 I 599,900.00 j I CITY OF SARATOGA BID SUMMARY: ADA IMPROVEMENTS PHASE I BID OPENING DATE: FEBRUARY20,1997 I I I ENGINEER'S ESTIMATE I GEORGE BIANCHI CONSTRUCTION I GOLDEN BAY CONSTRUCTION, INC. I (ITEM # I ITEM DESCRIPTION I I I QUANTITY I UNITS I I UNIT PRICE I TOTAL I UNIT PRICE TOTAL 1 I UNIT PRICE TOTAL I 11. I TYPE E P.C.C. HANDICAP RAMP I I I 961 EA II I 11 $850.00 1 I $81,600.00 1 I $928.00 1 I $89,088.00 1 I $1,000.00 1 I $96,000.00 1 12. 1 TYPE F P.C.C. HANDICAP RAMP I 8 1 I I EA 11 $1,000.00 1 II I $6,000.00 I I $998.00 I $5,988.00 1 $900.00 I $5,400.00 1 13. 1 TYPE G P.C.C. HANDICAP RAMP I I 1 3 1 I I EA I I $1,000.00 1 II I $3,000.00 1 I $1,161.00 I I $3,483.00 I I $900.00 I I $2,700.00 1 4. 1 P.C.C. ISLAND CUT I 250 I I I SF I I $10.00 I II I I $2,500.00 I I I $15.00 1 I I $3,750.00 I I I $15.00 I I I $3,750.00 I i TOTAL I $93,100.00 I I $102,309.00 I $107,850.00 I I CITY OF SARATOGA SANTA CLARA COUNTY, CALIFORNIA CONTRACT FOR PUBLIC WORKS CONSTRUCTION ADA INPROVEMENTS PHASE I CAPITAL PROJECT NO. 9302 THIS CONTRACT, made this 5th day of March, 1997, by and between the City of Saratoga, a Municipal Corporation, in Santa Clara County, California,. hereinafter called the City, and J.J.R. Construction, Inc. hereinafter called the Contractor. WITNESSETH: WHEREAS, the City has caused to be prepared in the manner prescribed by law, plans, specifications and other contract documents, for the work herein described and shown and has approved and adopted these contract documents, specifications and plans and has caused to be published in the manner and for the time required by law, a Notice Inviting Sealed Bids for doing the work in accordance with the terms of this Contract, and WHEREAS, the Contractor in response to said Notice has submitted to the City a sealed bid proposal accompanied by a bid guaranty in an amount not less than ten percent (10 %) of the amount bid for the construction of all of the proposed work in accordance with the terms of this Contract, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the bids submitted and as a result has determined and declared the Contractor to be the lowest responsible bidder and has duly awarded to the Contractor a contract for all of the work and for the sum or sums named in the bid proposal and in this Contract. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I. WORK TO BE DONE: That the Contractor shall provide all necessary labor, machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence and overhead expenses of whatever nature necessary to construct all of the improvements for the City of Saratoga in conformity with the plans, specifications and other contract documents and according to such instructions as may be given by the Saratoga Director of Public Works or his authorized agent. 15 ARTICLE II. CONTRACT PRICES Except as provided in Section IV B of the Specifications ( "Changes and Extra Work ") , the City shall pay the Contractor according to the prices stated in the bid proposal submitted by the Contractor, which shall include all applicable taxes, for complete performance of the work. The Contractor hereby agrees to accept such payment as full compensation for all materials and appliances necessary to complete the work; for all loss or damage arising from the work or from action of the elements, or from any unforeseen obstruction or difficulties which may be encountered in the prosecution of the work; incurred in and in consequence of the suspension or discontinuance of the work; as hereby specified; for all liabili- ties and other insurance; for all fees or royalties or other ex- penses on account of any patent or patents; for all overhead and other expenses incident to the work and expected profits; and for well and faithfully performing and completing the work within the time frame specified in the Notice to Proceed, all according to the contract plans and specifications, the details and instructions, and the requirements of the City. ARTICLE III. PARTS OF THE CONTRACT: That the complete contract document consists of the following: 1. Notice Inviting Sealed Bids 2. Bid Proposal 3. Bidder's Bond or Bid Guaranty 4. Contract for Public Works Construction 5. Hold Harmless Clause 6. Performance Bond 7. Labor and Material Bond 8. Plans 9. Specifications 10. Insurance Certificates 11. Prevailing Wage Rates 12. City of Saratoga DBE Requirements In case of any conflict between this Contract and any other part of the contract, this Contract shall be binding. IN WITNESS WHEREOF, the City has caused its corporate name to be hereunto subscribed and its corporate seal to be hereunto affixed by its City Manager and its City Clerk thereunto duly authorized and the Contractor has executed these presents the day and year hereinabove written. 16 AWARDED BY CITY COUNCIL: Date: March 5, 1997 ATTEST: City Clerk The foregoing Contract is approved as to form this day of , 19 City Attorney "Funds verif CITY OF SARATOGA: CONTRACTOR: By Title License No. Tax ID or SSN Finance Office Date 17 ." Contract No. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. a 3 3 AGENDA ITEM T MEETING DATE: MARCH 5, 1997 CITY MGR. :,� ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD: SUBJECT: Saratoga - Sunnyvale Road Median Landscaping (Capital Project No. 9601) - Award of Construction Contract Recommended Motion 1. Move to declare Pacific Parks Landscaping, Inc. of Hanford to be the lowest responsible bidder on the project. 2. Move to award a construction contract to Pacific Parks Landscaping, Inc. in the amount of $61,305.36. 3. Move to authorize staff to execute change orders to the contract up to $10,000. 4. Direct staff to solicit quotes from the contractors performing on Capital Projects 9505 and 9601 to extend the median landscape renovations along Saratoga Ave. from Cox Avenue to Kosich Drive. Report Summary: Sealed bids for the Saratoga - Sunnyvale Road Median Landscaping improvements (Capital Project No. 9601) between Big Basin Way and Verde Vista Lane were opened on February 13. A total of eight contractors submitted bids for the work in a very competitive bidding environment and a summary of the bids received is attached (Attachment 1). Pacific Parks Landscaping, Inc. of Hanford submitted the lowest bid of $61,305.36 which is 37.4% below the Engineer's Estimate of $97,933.50. Although staff has no previous experience working directly with this contractor, staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated January 22. Further, this is the same contractor currently installing the landscaping at the El Paseo Shopping Center renovation which, because of the size of that project, is more than likely what resulted in the very favorable bid received for the City's project. It is therefore recommended that the Council declare Pacific Parks Landscaping, Inc. to be the lowest responsible bidder on the project, and award the attached construction contract (Attachment 2) to this firm in the amount of their bid. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $10,000 to cover any unforeseen circumstances which may arise during the course of the work. Fiscal Impacts: Funding for this work is programmed in the adopted budget in Capital Project No. 9601, Account No. 4510 (Contract Services) . The adopted budget contains $135,500 for the construction contract, a more than sufficient amount to cover the base contract and recommended change order amounts. Consistent with Council's stated policy to utilize one time capital money to reduce operations and maintenance costs, it is staff's recommendation that the Council further consider allocating the additional $50,000 to $60,000 which will remain in the project budget to extending the renovation of the Saratoga Avenue median landscaping, currently under construction via Capital Project No. 9505, all the way to the northerly City limits (Cox Ave. to Kosich Dr.). By doing this, the City will significantly trim median maintenance expenditures over time, and thus free up limited Gas Tax dollars for other street maintenance purposes. Added benefits include a fresh and uniform appearance to the Saratoga Ave. entrance into the City, and reduced exposure of City workers to the hazards of maintaining medians on a heavily travelled boulevard. If the Council is interested in pursuing this, then staff should be directed to solicit quotes from both the Saratoga Ave. and Saratoga- Sunnyvale Rd. median landscape contractors for Council's future consideration. Advertising, Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: Pacific Parks Landscaping, Inc. will not be declared the lowest responsible bidder and a construction contract will not be awarded to that firm. The Council may make specific findings to declare another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re -bid the entire project. However, staff does not believe that a lower bid will be obtained by re- bidding the project due to the competitive nature of the current bids received. Follow Up Actions: The contract will be executed and the contractor will be issued a Notice to Proceed. Work will most likely begin in early April and last through the end of May. Attachments: 1. Bid Summary. 2. Construction Contract. CITY OF SARATOGA SARATOGA- SUNNYVALE ROAD MEDIAN LANDSCAPING, C.I.P. NO. 9601 BID SUMMARY BID OPENING: FEBRUARY 13, 1997 AT 2:00 P.M. I I ENGINEER'S ESTIMATE I PACIFIC PARKS LANDSCAPING, INC. I KCI, INC. I COHEN LANDSCAPE SERVICES, INC.I B&B LANDSCAPE CONTRACTORS I ITEM #) ITEM DESCRIPTION I QUANTITY I UNITS I I UNIT PRICE I TOTAL I UNIT PRICE I TOTAL I UNIT PRICE I TOTAL I UNIT PRICE I TOTAL ( UNIT PRICE I TOTAL I I 11. I 1 CLEARING AND GRUBBING I I I 1 I II LS I I I N/A I I $2,OOQOO I I N/A I I $1,891.80 I I N/A 1 I $2,000.00 1 I N/A I I $4,37680 I I I N/A I I I $3,00000 I I I 12. I ISPREADTOPSOIL/FINISH GRADING I I I 4001 I II CY I1 I $10.001 I $4,000001 I I $10.791 I $1,316001 I I $12.751 I $5,100.001 I $23.001 I $9,200001 I $11.001 I $4,400001 I I 13. I ITRAFFIC CONTROL I 1 1 1 II LS I I I N/A 1 $5,000.001 I N/A 1 $6,951.031 I N/A 1 I $5,100.001 N/A 1 I $1,200.001 I N/A I I $4,00000 I I I 14. I 13/4' PVC (CL 200) I I 1 3.4801 II LF 11 I $1.951 I $6,78600 1 I $0.821 I $2,85360 1 I $2.001 I $6,98000 1 $0.601 I $2,08600 1 I $1.301 I $4,524.001 I I 15. I 11' PVC (CL 200) I I I 1 2401 I I II LF I II I I S2.001 I I $480.001 I I $1.821 I I $43680 1 I I $2.001 I I $480.00 1 I $0.701 I $16600 1 I $1.401 I $338.00 I I I 18. 11 1/4' PVC (CL 200) 1 241 LF 11 $2.101 $50.401 $0.401 $9.601 $2.001 $48.001 $0.851 $20.401 I $1.501 I $36.001 I I 17. I 11' PVC (SCH 40) I I 1 3101 II LF 11 I $2.301 I $71300 1 I $1.541 I $477.40 1 I $3.201 I $99200 1 I $0.901 I $279.00 1 I $2.00 I I $820.00 I I I 18. I 11 1/4' PVC (SCH 40) I I 1 1,9801 II LF 11 I $2.401 I $4,75200 1 I $0.441 I $871.201 I $3.501 I $6,930,001 $1.101 $2,17600 I S2.101 $4,15600 1 I I I9. I 11 1/7 PVC (SCH 40) I I 1 251 II LF 11 I $2.451 I $61.251 I $2.001 I $50.001 I $3.601 I $90.001 I $1.401 I $35.001 I $3.001 I $75.001 I I 110. I 17 PVC (SCH 40) I I 1 501 II LF 11 I $2.601 I $130.001 I $3.001 I $150.00 1 I $3.801 I $19aoo 1 I $1.901 I $95.001 $4.001 $200.001 I I 111. I 1 ELECTRICAL CONDUIT AND WIRE I I 1 601 II LF 11 I $15.001 I $900.00 1 I $4.001 I $24000 1 I $5.001 I $30000 1 I $18.001 I $1,081100 1 I $50.001 $3.000.001 I 112. I 1 CONTROL& NEUTRAL CONDUCTORS I I 1 12,6151 I I II LF 11 II I $0.231 I I $2,901.451 I I $0.0631 I I $1,047.051 I I $0.201 I I $2,523001 I I $0.121 I I $1,513801 I I $0.151 I I $1,e9225I I I 113. I 11 -RVC 1 111 I I EA 11 II $300.00 1 $3,300.001 I $156741 $1,746141 $200.001 $2,200001 I $120.001 I $1,320001 I $175.00 1 I $1,825001 I I 114. I 111/7 RVC I 21 EA 11 I $350.00 1 $700001 I $299.821 I $599.841 I $22500 1 $450.001 $150.001 $30000 1 $200.001 $400.00 1 I 115. I 111/7 BFP ASSEMBLY I I 1 11 II EA 11 I $2,000.00 1 I $2,000001 I $803331 I $803331 I $700.00 1 I $700001 I $1,300001 I $1,30100 1 I I $750001 I I $750001 I I 118. I IBFP ENCLOSURE I I 1 11 II EA 11 I $1,500001 I $1,500001 I $903651 I $903651 I $1,000.00 1 I $1,000001 I $800.00( $80o.00I $1,000751 $1,000751 I 117. I 111 /4'GATE VALVE I I 1 71 II EA 11 I $87.501 I $612501 I $101.371 I $709.591 I $15000 1 I $1,050.001 I $45.001 I $31500 1 I $110.001 I $770.001 I 11e. I I 13/4.OVC I I 1 81 II EA 11 I $95.001 I $780001 I $107.901 I $883.201 I $100001 I $800.001 I $65.001 I $521100 1 I $100.00 1 I I $800.00 1 I 118. I 11' WYE STRAINER I I 1 21 II EA 11 I $80.001 I $12000 1 I 5208.22 1 I $4112441 I $15000 1 I $300.00 1 I $30.00 1 I $60.001 $80.001 $120.001 I 120. I 11 1/2' WYE STRAINER I I 1 41 II EA 11 I $120.001 I $180.00 1 I $161.681 I $64672 1 I $175001 I $700.00 1 I $55.001 I $220.00 1 I $70.00 I I $28a00 I I 121. I I 17 WYE STRAINER I I I I 1 I I II EA I II I I $24000 1 I $240.00 1 I $385.31 1 I $385.31 1 I $200.00 1 I $200.001 I I $80.001 I I $60.00 I I I $100.00 I I I $10000 I I 122. 1 BUBBLER HEAD I 1 4691 EA I I I $12.00 1 I $5,62600 1 I $10.201 I $4,78350 1 I $9.001 $4,221.001 $25.001 $11,775.0) 1 $15.001 $7,035.001 I 123. I 116 STATION CONTROLLER I I 1 1 1 II EA II I $2,10000 1 I $2,100.001 I $1,20:1201 I $1,203201 I $1,100.00 1 I $1,100001 I $1,500.001 I $1,50000 1 I $1,000W I I $1,00a00 I I 124. I I 1 CONTROLLER ENCLOSURE I I I 1 1 1 II EA 11 II I $2,000-00 1 I $2,000.00 1 I $1,216151 I $1,216151 I $500.00 1 I $500.001 I $600.001 I I $800.W I I I $1,30000 1 I I $1,300.001 I 125. 1 BARK MULCH I I 1 2.3441 SY 11 I $1.801 I $4,219.20 1 I $2.291 I $5,367.76 1 I $1.251 I $2,930.001 $3.001 $7,03200 1 $1.751 $4,10200 1 I 126. I I 15 GALLON TREE/SHRUB I I I 1 3811 II EA 11 I $30.001 I $11,430.00 1 I $10.821 I $4,122421 I $15.001 I $5,715001 I $14.001 I $5,334.00 1 I $16.001 I $6,096001 I 127. 115 GALLON TREE/SHRUB I I 1 441 II EA 11 I $12500 1 I $5,500001 I $69.281 I $3,046321 I $75.001 I $3,300001 I $65.001 I $2,860.00 1 I $72.001 $3,16600 1 I 128. I 1 PREPARE HOLE I I 1 3301 II SY 11 I $2.251 I $74250 1 I $6.31 1 I $2,06230 1 I $6.501 I $2,145.001 I S2.001 I $861100 1 I $2.001 I $860.00 1 I 129. I I ITREE DRAINS I I 1 681 II EA 11 I $5.301 I $4W401 I $7.351 I $646.801 I $5.001 I $440.001 I $8.001 I $704.00 1 I $10.001 I $880.001 130• I 1 COBBLE IN P.C.C. CONCRETE I I 1 2981 II BY 11 I $69.801 I $20,660.80 1 I $34.181 I $10,117.281 I $48.251 I $14,282.00 1 I $55.001 I $16,28100 1 I $63.001 I $18,60.001 I 131. I I 1ASPHALT PATCH I I I 1 I II LS I I I N/A I I $20000 I I' N/A 1 I $861.001 I N/A I I $250.00 I I N/A I I $2,000.W I I WA 1 I $1.000.001 132. I 190 DAY MAINTENANCE PERIOD I I I 1 I II LS I I I N/A I I $7,50000 I I N/A I I $1,691.83 I I N/A I I $3,00000 I I N/A 1 I $1.300-001 I N/A 1 I $2,400.001 TOTAL I I I $97,937.50 I I $61,305.36 1 I $75,996.00 I 1 $77,344.00 1 1 $76,675.0 I II I I I I I I I I I I SARATOGA - SUNNYVALE ROAD MEDIAN LANDSCAPING, C.I.P. NO. 9601 BID SUMMARY BID OPENING: FEBRUARY 13, 1997 AT 2:00 P.M. 118. 13 /4'OVC 1 81 EA 11 ENGINEER'S ESTIMATE I LONE STAR LANDSCAPING, INC. IJENSENGUKPURAIIUN IIakLLANL;bUWlNG ItlWbbUMVA TWNa1Mw1IUN I I ITEM ♦ I ITEM DESCRIPTION I QUANTITY I UNITS I I UNIT PRICE I TOTAL 1 UNIT PRICE I I TOTAL I I UNIT PRICE I I TOTAL I I UNIT PRICE I I TOTAL I I UNIT PRICE I I TOTAL I I 11. I I I CLEARING AND GRUBBING I I I I 1 1 I I LS II I I I N/A I II I I $2,00000 I I WA I I $1,000.00 I I N/A 1 I $5,80200 I I N/A 1 I $4,150.001 I N/A 1 I $4,46200 1 I 12. 1 SPREADTOPSCIUFINISH GRADING 1 4001 CY I I $10.001 I $4,000.001 I $30.001 I $12,000.00 1 I $18.001 I $7,200.001 I $9.001 I $3,60000 1 I $20.001 I $8,00000 I I I 13. I ITRAFFIC CONTROL I I I 1 I LS II I I N/A 1 $5,000.00 I N/A 1 I $3,00000 I I N/A 1 I $5,000.001 I N/A I I $2,65000 I I N/A I I $4,00000 I I I 14. I 13/4' PVC (CL 200) I I I 3,4801 LF II I 11 $1.951 I $6.786.001 $1.501 I $5,220.001 I S2.101 I $7,30800 1 I $1.001 I $3,48000 1 I $2.001 I $6,96000 I I I 15. I I 11' PVC (CL 200) I I I 1 2401 I I LF II I 11 $2.001 II I I $480.00 1 I $1.501 I $380.00 1 I $2.401 I $57800 1 I $1.101 I $264.00 1 I $2.501 I $800.00 I I 18. 11 114' PVC (CL 200) 1 241 I LF 11 $2.101 II I $50.401 I $1.601 I $38.401 I $2.601 I $62.401 I $1.501 I $38.00 1 I $3.001 I $72.001 I I 17. I 11' PVC (SCH 40) I I 3101 LF 11 $2.301 $713.00 1 I $1.651 I $511.501 I $2.601 I $808.00 1 I $1.251 I S387.501 I $3.501 I $1,085.00 I I I 18. I I 11 1/4' PVC (SCH 40) I I I 1 1,9801 I 1 LF II I 11 $2.401 II I $4,75200 1 I $1.701 I $3,36800 1 I $2.751 I $5,44500 1 I $1.501 I $2,97000 1 I $4.001 I $7,92000 I I 19. I 11 1? PVC (SCH 40) I 1 251 I I LF 11 $2.451 II I $61.251 I $1.801 I $45.001 I $2.951 I $73.751 I $2.501 I $82.501 I $5.00 1 I $125.001 I 110. 1 Y PVC (SCH 40) 1 501 LF 11 $2.801 $130.001 $1.901 I $95.001 I $3.401 I $17000 I I $2.751 I $137.50 1 I $8.00 1 I $300.00 1 I I 111. I I ELECTRICAL CONDUIT AND WIRE I I ( 601 LF II I 11 $15.001 I $900001 $40.001 $2,400001 $17.001 I $1,020001 I $8.001 I $480001 I $40.001 I $2,400001 I I 112. I 1 CONTROL& NEUTRAL CONDUCTORS I I I 12,6151 LF II I 11 $0.231 I $2,901.451 I $0.251 I I $3,153751 I $0.151 I $1,892251 I $0.451 I $5,878751 I $0.301 I $3,784.501 I I 113. I 11' RVC I I I 11 1 EA II I I I $300.00 I I $3,30000 I $13500 I $1,48500 1 $184.00 1 $2,02400 I $33000 I $3,63000 1 $30000 I $3,30000 1 I I I I II I I I I I I I I I I 114. I 11 w RVC I I 21 I I EA 11 $350.001 II I $70000 1 I $17&001 I $350.00 I I $26300 1 I $526.00 1 I $3W.00 1 I $72000 1 I $400.001 I $800.00 I I 115. 111/7 BFP ASSEMBLY 1 1 I EA 11 $2,000.001 $2,000001 $570001 $570001 $788001 I $788001 I $850001 I $650.001 I $1,000001 I $1,000001 I I 116. I IBFPENCLOSURE I I I 1 I EA II I II $1,500001 I $1,500.001 I $765001 I $765001 $1,210001 $1,210001 $1,050001 $1,050001 $1,500001 $1,500001 117. 11 1/4' GATE VALVE I 71 EA 11 $87.501 $612501 $105.001 $73500 I $11800 1 $812001 $95.001 $86500 I $10000 I $70000 I 118. 13 /4'OVC 1 81 EA 11 $95.001 $760001 $105001 $840.001 $142001 $1,138001 $80.001 $840.001 I I I $150001 I $1,200.001 I I 118. I 11• WYE STRAINER I I I 21 II EA I I 1 $60.00 1 I $120.001 I I I $85.001 $13000 1 $105.001 $21000 1 $90.001 $180.001 $20000 1 $400.001 I 120. I 11 1/2' WYE STRAINER I I I 41 II EA I I I $12000 1 I $480.001 I I I I I I $65.001 $34000 1 $11800 1 $46400 1 $14000 I $56000 I I I I $20000 I I I $800.00 I I I 121. I 17 WYE STRAINER I I 1 1 I II EA 11 I $240.00 I I $240.00 1 I I I I $105.001 $105.00 1 $15800 1 $15800 1 $180.00 1 $180.00 1 $300.001 $30000 I I 122. I 1 BUBBLER HEAD I I I 4691 II EA 11 I $12.001 I $5,62800 1 I I I I I I $10.001 $4,690.00 1 $9.701 $4.549.301 $10.001 $4,69000 1 I I I $20.501 I I $9,014.501 I I 123. I 118 STATION CONTROLLER I I I 1 I II EA 11 I $2,100001 I $2,100001 I I I I $800001 $800.001 $1,155001 $1,155001 $950001 $950.001 I I $1,800001 I $1,800001 I I 124. I 1 CONTROLLER ENCLOSURE I I 1 1 I II EA 11 I $2,000.00 1 I $2,000001 I I I I $750001 $75000 1 $1,365001 $1,385001 $1,890001 $1,890001 $1,700001 $1,70000 I I I 125. I 1 BARK MULCH I I 1 2,3441 II SY 11 I $1.801 I S4.219.201 I I I I I I $2.751 $6.446.001 $1.60 1 $3,750.401 $2.81 1 $8,586.64 1 I $3.001 $7,032001 I 126. I 15 GALLON TREEISHRUB I I I 3811 II EA 11 I $30.001 I $11,43D.001 I I I I I I $18.001 $8,85 &001 $15.001 $5,715001 $18.001 $8,858001 I $15.001 I $5,715001 I 127. I 115 GALLON TREE/SHRUB I I I 441 II EA 11 I $12500 1 I $5,500.00 1 I I I I I I S80.001 $3,52000 1 $70.001 $3,080.00 1 $90.001 $3,96000 1 I $75.001 I $3,30000 I I I 128. I 1 PREPARE HOLE I I 1 3301 II SY 11 I $2.251 I $742501 I I I I I I S2.001 $66000 1 $10.001 $3,300.001 $0.001 $1,98000 1 I $10.001 $3,300.001 I 128. I 1TREE DRAINS I I 1 881 II EA I I I S5.301 I $488.40 1 I I I I I I $10.001 $880.00 1 $10.001 $880.00 1 $10.001 $680.00 1 I $7.501 I $660.00 1 I 30 I COBB IN P.C.C. CONCRETE LE I I 1 2961 II SY 11 I $89.801 I $20,680.80 1 I I I I I I $58.501 $17,316.00 1 $62.501 $18,500.00 1 $60.00 I $23,680.00 1 I I I $70.001 I I $20,720.00 1 I I 131. I 1 ASPHALT PATCH I I 1 1 1 II LS I I I N/A 1 I $20000 I I I I I WA I $1,00000 I N/A 1 $0.001 N/A I $85000 I N/A I $7500D I I 132. I 190 DAY MAINTENANCE PERIOD I I I 1 1 II LS I I I N/A 1 I $7,500.00 I I I I I I I N/A I $90000 I N/A 1 $1,000.001 N/A I $3,00000 I I N/A 1 I $2.100.001 TOTAL I I I $97,933.50 I I $80,379.65 1 1 $85,778.10 I I $87,893.89 I $7.737.301 $1061200.00 I II I I I I I I I I I I CITY OF SARATOGA SANTA CLARA COUNTY, CALIFORNIA CONTRACT FOR PUBLIC WORKS CONSTRUCTION SARATOGA - SUNNYVALE ROAD MEDIAN LANDSCAPING BIG BASIN WAY TO VERDE VISTA LANE CAPITAL PROJECT NO. 9601 THIS CONTRACT, made this 5th day of March, 1997, by and between the City of Saratoga, a Municipal Corporation, in Santa Clara County, California, hereinafter called the City, and Pacific Parks Landscaping, Inc. hereinafter called the Contractor. WITNESSETH: WHEREAS, the City has caused to be prepared in the manner prescribed by law, plans, specifications and other contract documents, for the work herein described and shown and has approved and adopted these contract documents, specifications and plans and has caused to be published in the manner and for the time required by law, a Notice Inviting Sealed Bids for doing the work in accordance with the terms of this Contract, and WHEREAS, the Contractor in response to said Notice has submitted to the City a sealed bid proposal accompanied by a bid guaranty in an amount not less than ten percent (10 %) of the amount bid for the construction of all of the proposed work in accordance with the terms of this Contract, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the bids submitted and as a result has determined and declared the Contractor to be the lowest responsible bidder and has duly awarded to the Contractor a contract for all of the work and for the sum or sums named in the bid proposal and in this Contract. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I. WORK TO BE DONE: That the Contractor shall provide all necessary labor, machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence and overhead expenses of whatever nature necessary to construct all of the improvements for the City of Saratoga in conformity with the plans, specifications and other contract documents and according to such instructions as may be given by the Saratoga Director of Public Works or his authorized agent. 17 ARTICLE II. CONTRACT PRICES Except as provided in Section IV B of the Specifications ( "Changes and Extra Work "), the City shall pay the Contractor according to the prices stated in the bid proposal submitted by the Contractor, which shall include all applicable taxes, for complete performance of the work. The Contractor hereby agrees to accept such payment as full compensation for all materials and appliances necessary to complete the work; for all loss or damage arising from the work or from action of the elements, or from any unforeseen obstruction or difficulties which may be encountered in the prosecution of the work; incurred in and in consequence of the suspension or discontinuance of the work; as hereby specified; for all liabili- ties and other insurance; for all fees or royalties or other ex- penses on account of any patent or patents; for all overhead and other expenses incident to the work and expected profits; and for well and faithfully performing and completing the work within the time frame specified in the Notice to Proceed, all according to the contract plans and specifications, the details and instructions, and the requirements of the City. ARTICLE III. PARTS OF THE CONTRACT: That the complete contract document consists of the following: 1. Notice Inviting Sealed Bids 2. Bid Proposal 3. Bidder's Bond or Bid Guaranty 4. Contract for Public Works Construction 5. Hold Harmless Clause 6. Performance Bond 7. Labor and Material Bond 8. Plans 9. Specifications 10. Insurance Certificates 11. Prevailing Wage Rates 12. City of Saratoga DBE Requirements In case of any conflict between this Contract and any other part of the contract, this Contract shall be binding. IN WITNESS WHEREOF, the City has caused its corporate name to be hereunto subscribed and its corporate seal to be hereunto affixed by its City Manager and its City Clerk thereunto duly authorized and the Contractor has executed these presents the day and year hereinabove written. 18 AWARDED BY CITY COUNCIL: Date: March 5, 1997 ATTEST: City Clerk The foregoing Contract is approved as to form this day of , 19 City Attorney CITY OF SARATOGA: CONTRACTOR: By Title License No. Tax ID or SSN "Funds verified " Contract No. Finance Office Date 19 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. �� AGENDA ITEMOV MEETING DATE: March 5, 1997 CITY MGR. , ORIGINATING DEPT.: Finance /Acting City Manager SUBJECT: Consideration of Hiring Freeze Recommended Motion(s): Information item only. Report Summary: Background - Including the departure of the City Manager, the City currently has 5.6 permanent FTE vacancies. A listing of those vacancies has been prepared by Personnel. Discussion -Staff is in the process of developing a draft FY 97/98 Budget and revised organizational structure for Council's consideration. The revised organizational structure will propose the elimination and reclassification of some positions. Until Council has reviewed and given concurrence to the revised organizational structure, it is staff's intention to not fill any permanent vacancies. Accordingly, a formal hiring freeze policy from Council is not necessary. Staff will need some flexibility on manning departments and plans to use its discretion in filling mission critical positions with temporary personnel Fiscal Impact: Short term and long term savings dependent upon length of time positions are held vacant and/or otherwise eliminated or reclassified. Follow Up Actions: Issue draft of revised organizational structure. Consequences of Not Acting on the Recommended Motions: Not applicable. c: \execsumm\exsm0305.97 1 1b City of Saratoga Interoffice Memorandum TO: Mayor and Members of Council FROM: Jennifer Britton, Assistant to the City Managef THROUGH: Harry Peacock, City Manager #0)p SUBJECT: Status of Current Workforce DATE: February 27, 1997 In consideration of the Council's interest in examining a hiring freeze, staff has prepared a status report that outlines the current workforce as of today's date. What is presented is information on our current budgeted workforce by full- and part - time status as well as positions that are in some pending or interim state. Also included is information about the annual summer hiring program as it is the season for us to go recruiting for persons for those positions to fill them in time for summer demands for classes, camps, etc. Whatever decision is made, staff requests that Council specify which positions will be affected by a hiring freeze since there are some positions ( Volunteer Coordinator, for example) that are in the middle of a recruitment process. We will take immediate action to implement whatever Council directs regarding this issue at your meeting of March 5, 1997. City of Saratoga Inter - Office Memorandum TO: Jennifer Britton, Assistant to the City Manager FROM: Irene Jacobs /Jennie Hwang Loft, Administrative Assistants SUBJECT: Current Pending City Positions DATE: February 26, 1997 Pending City Positions City Manager (1 FTE) Director of Public Works (currently acting as interim City Manager) (1 FTE) Director of Community Development (1 FTE) Associate Planner (currently acting as interim Director of Planning) (1 FTE) Community Services Officer (CSO) (1 FTE) Volunteer Coordinator (recruitment in- progress) (.60 FTE) Account Clerk (1 FTE) Park Maintenance Worker (1 FTE) Temporary Park Maintenance Worker (due to longterm disability case of F/T Park Maintenance Worker - current recruitment in- progress) Temp *F /T(average 40 hrs. a week) No summer hires planned for Public Works Summer Hires for the Recreational Department Summer Hires for the Recreation Department (according to Joan Pisani, these hires are for recreational programs that are 100% self-funded and all are authorized for FY 1996 -97 Budget; actual hours worked depend on program fees and hours tied to enrollees): 10 Recreation Leaders I, II, III for Youth Camp - Temp* P/T (average 35 hrs. per week) 1 Recreation Specialist - Temp* P/T (average 35 hrs. per week) 2 Recreation Leader III for Teen Program - Temp* P/T (average 35 hrs. per week) 2 Score Keepers - Temp* P/T (average 10 hours a week) 15 Total Summer Hires for the Recreational Department Total City Staff Full -Time Permanent positions currently budgeted for: 48 Total City Staff Part -Time Permanent positions currently budgeted for: 12 ** * Under 1,000 hours per fiscal year, no benefits. ** Although the Recreation Coordinator position is classified as part-time permanent, it is currently being filled by a temporary/seasonal employee.