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HomeMy WebLinkAbout07-14-2011 City Council Packet SupplementalL/. oj 5 A RA /FOR% AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL JULY 149 2011 SPECIAL MEETING — 9:30 A.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER — 9:30 A.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on July 12, 2011) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS ON NON - AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff COUNCIL DIRECTION TO STAFF Instruction to Staff regarding actions on current Oral Communications. ADJOURN TO CLOSED SESSION ANNOUNCEMENT OF CLOSED SESSION ITEMS CONFERENCE WITH CITY - DESIGNATED LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 The Council will confer with the City's labor negotiators, Deanna Mouser and /or Monica LaBossiere and /or Dave Anderson, regarding Saratoga Management Association, Saratoga Employees Association, and /or the Northern California Carpenters Regional Council, Carpenters Forty Six Counties Conference Board. OPEN SESSION —10:00 A.M. ADMINISTRATIVE CONFERENCE ROOM —13777 FRUITVALE AVENUE. 1. Approval of Library Improvement Projects and Authorizing Use of Library Improvement Fund Recommended Action: Authorize use of approximately $290,000 of the Saratoga Library Improvement Fund and approve projects to improve and enhance the Saratoga Library. 2. First Amendment to Agreement for Bargaining Services with Atkinson, Andelson, Loya, Ruud & Romo, a Professional Law Corporation, to Perform Legal Services Regarding Bargaining Recommended Action: Approve the first amendment to the agreement for bargaining services with Atkinson, Andelson, Loya, Ruud & Romo, a Professional Law Corporation. 11:00 A.M. 3. Los Gatos /Saratoga Union High School Superintendent Recruitment Recommended Action: Informational only. ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 4081868 -1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102- 35.104 ADA title II] Certificate of Posting of Agenda: 1, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted on July 12, 2011, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www. saratoga. ca. us Signed this 12`h day of July 2011 at Saratoga, California. t Ann Sullivan, CMC City Clerk 2 SARATOGA CITY COUNCIL MEETING DATE: July 14, 2011 DEPARTMENT: City Attorney PREPARED BY: Monica LaBossiere Human Resources Manager AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Richard Taylor City Attorney SUBJECT: First Amendment to Agreement for Bargaining Services with Atkinson, Andelson, Loya, Ruud & Romo, a Professional Law Corporation, to Perform Legal Services Regarding Bargaining RECOMMENDED ACTION: Approve the first amendment to the agreement for bargaining services with Atkinson, Andelson, Loya, Ruud & Romo, a Professional Law Corporation. BACKGROUND: The City entered into a professional services agreement with Atkinson, Andelson, Loya, Ruud & Romo, a Professional Law Corporation, commencing April 8, 2011 to provide labor negotiation services with respect to labor negotiations with the Saratoga Management Organization (SMO), Saratoga Employee Association (SEA), and the Northern California Carpenters Regional Council, Carpenters Forty Six Counties Conference Board and Their Affiliated Local Unions, hereinafter referred to as "UNION ". All three employee bargaining groups have contracts and /or memoranda of understanding expiring September 30, 2011. The initial contract contained a maximum amount of $25,000 which was the amount contemplated as needed to complete the negotiations. The consultant costs have almost reached the $25,000 maximum amount, and negotiations are not yet complete although significant progress has occurred. Therefore, it is appropriate to amend the contract to increase the compensation limitation for the remaining negotiations. Therefore, staff is now requesting an amendment to the Professional Services Agreement titled "Agreement for Bargaining Services" to authorize an additional $25,000 in compensation for a total amount of $50,000. Depending upon how the negotiations progress, there could be the need for augmenting the compensation cap at a later time to complete the negotiations. The discounted hourly rate of $250 is unchanged. The City pays for no travel time and no mileage. Page 1 of 2 FISCAL IMPACTS: The fiscal impact of adopting this Amendment amounts to $25,000. The adjusted funds have been appropriated in the FY2011/2012 budget. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Bargaining would be transitioned to other City staff to complete. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Resolution 2. Agreement for Professional Services 3. First Amendment to Agreement for Professional Services Page 2 of 2 RESOLUTION NO. 11- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING FIRST AMENDMENT TO AGREEMENT FOR BARGAINING SERVICES WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO, A PROFESSIONAL LAW CORPORATION This First Amendment to Agreement for Bargaining Services is made at Saratoga, California by and between the City of Saratoga, a municipal corporation ( "City ") and Atkinson, Andelson, Loya, Ruud & Romo, a professional law corporation ( "Consultant "). WHEREAS, the City entered into agreement with Consultant in April of 2011 (the "Agreement ") which included a provision limiting compensation to $25,000; and WHEREAS, the agreement needs to be amended to authorize compensation in excess of $25,000 for completion of negotiations; and WHEREAS, Consultant is willing to continue to provide legal services to the City as contemplated by the Agreement. NOW, THEREFORE, the parties agree as follows: Paragraph III. Terms and Conditions A. is amended to read as follows: "The term of this Agreement shall be for I year, commencing July 1, 2011 through June 30, 2012. The Client hereby agrees to pay the Law Firm in connection with the above - referenced services as authorized at the following hourly rates: $250 for Partners and Senior Associates, $225 for Associates and $160 for paralegals and legal assistants." 2. All other terns of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment Agreement. SIGNED: Howard A. Miller, Mayor City of Saratoga ATTEST: DATE: Arid Sullivan, City Clerk AGREEMENT FOR BARGAINENG SERVICES I. PARTIES This Agreement for .Bargaining Services (the. ", Agreement ") is made this 8th day of April 201 1, between the law firm of AMMON, ANDELSON, LOYA, RUUD & :RON40, a Professional Law Corporation, hereinafter referred to as "Attorney" or.the "Law Firm" and City of Saratoga, hereinafter referred to as "Client." IL RECITALS: PURPOSE: MATTERS The Client desires to retain and engage the Law Firm to perform legal services regarding BARGAINING: WITH CITY EMPLOYEES on Client's behalf, and the Law'Firm is willingio accept said engagement on. the terms and conditions contained .in. this Agreement. 'Attorney agrees to provide legal services'to the Client, including representation. in administrative and court proceedings, as requested by the Client at an hourly rate specified. in III.A. The place and,tiine for such services are to be designated by the City Manager of the Client.or designee. ' III. TERMS AND COI\DITIONS A. The term of this Agreement shall be for I year, commencing .April 8,. 2011,. through April 7, 2012. The Client hereby agrees to. pay the Law Firm ,in connection with the above- refereiiced. services as authorized at the following hourly rates: $250 for Partners and. Senior Associates, $225 for Associates and $160. for :paralegals and. legal assistants. The. maximum. total payment authorized pursuant to this Agreement is $25,000. B. Agreements for legal fees at other than the hourly rates set forth above may be made by Nviitt&n mutual agreement for special projects or particular scopes of work. In the course of traveling to the Client or while providing legal services, at the Client, it may be. necessary for the Law Firm. to provide, billable services to other clients. Client -wall not be charged for any travel time or for any time devoted to providing billable -services to other clients. C. The Law Firm shall not be obligated` to advance costs .on behalf of the Client: however, for purposes of convenience. and in order to expedite matters, the Law Firm reserves the right to advance costs on behalf of the Client with the City Manager's or desi.gnee's prior approval in the event a particular cost item exceeds $2,000:00 in amount; ,and without the prior approval of the Client in the event a particular cost. item totals $2,000:00 or less. Typical cost items include, by way of example and not limitation; long distance telephone charges,. fax/telecopy charges, copying charges, messenger fees, travel costs, bonds; witness fees, deposition and court reporter fees, transcript costs, expert witness fees, investigative fees, etc., except Client will not be charged any ii ileage or document preparation and ,Arord processing fees. D. A .detailed description ofthe attorney work performed and the costs advanced by the Law Firm be prepared on a monthly basis as of the last day of the month and will ;be cools 6000,'i"MI8� 1 mailed to the Client on or about: the 15th of the following month. Payment of the full amount due, as reflected on the. monthly statements._ will be due to the Lavv .Fnni from Client within 30. days after Client receives the invoice, unless:other amingements are made, Iii the event there are retainer funds of the Client in the Law Finn's Trust account at the time a monthly billing statement is prepared, funds will be transferred from the Law Firm's Trust Account to the Law Firm's General Account to the extent of the balance due on the monthly statement and a credit therefor will be reflected on the monthly statement. Any balance of fees or costs advanced remaining unpaid for a period of 30 days will be subject to a 1'% per month service charge. F. The Client agrees to review the Law Firm's monthly statements promptly ,upon receipt and to notify the Law Firm, in writing, with respect to any disagreement with the monthly statement. Failure to communicate written disagreement with the Law Firm's monthly statement within thirty (30) days, of the Client's receipt thereof shall be deemed to, signify the Client's agreement that the monthly billing statement accurately reflects: (a) the legal services performed; and (b) the proper charge for those.legal services. If Client overpays. a statement, the Law Firih will credit Client's overpayment to the neat month's :statement or will issue a refund of the overpayment. F. The Client agrees to fully cooperate with the Law Firm in connection with the Law Firm's representation of the Client including, but not limited to, attending mandatory court hearings and other appearances and providing necessary information and documentation. to enable the Law Firm to. adequately represent the Client. G. The Client has the right, at any time, and either with or without good` cause, .to discharge the Law Firm as the Client's attorneys.. In the event of such a discharge of the Law Firm by the Client, however, any and all unpaid attorneys' fees and: costs owing to the Law Firm from the Client shall be immediately due and payable. H. The Law Firm, reserves the right to discontinue the performance of legal services on behalf of the Client uponthe occurrence of any one or more of'the following events: 1. Upon order of Court requiring the 'Law Firm' to discontinue the performance of said legal services; 2. Upon a determination by the Law= Firm in the exercise of its reasonable and sole discretion, that state or federal legal ethical principles require it to :discontinue legal services for the Client; 3. Upon the failure of the Client to perform any of the Client's obligations hereunder as respects the payment of the Law Firm's fees and costs advanced; or y 4. Upon the failure of the Client to pet form ,any of the .Client's obligations- hereunder as respects cooperation with the Law Firm in connection �Njth the Law Firm',s representation of the Client. I. In the event that the Law Firm ceases to perform legal services for the Client as herernabove provided, the Client agrees that it will promptly pay to the Law Firm any and all unpaid fees or costs advanced; and retrieve all of its tiles, signing a receipt therefor. Further; the. ATTORNL*," RETRE,hiNT.r'tIION, AG( ENMENT PAGE 3 000352,00000129 7818v1 Client agrees that, with respect to any litigation where the Law Finn has made an appearance. in Court on its behalf, the Client will promptly .execute an appropriate Substitution of Attorney form. J. The Law Firm shall maintain the insurance° coverage described on Exhibit A and has provided City with the documents referenced therein. K. It is understood and agreed that the, Law Firm, while engaged in carryin:; out and complying with any of the terms and conditions of this Agreement, is an independent contractor and is not an employee .of 1he Client. FV. CONSENT TO LAW )FIRINI COMMUNICATION As ;part of our commitment to .client service, the Law Firm will send the Client periodic alerts on case developments and legislative changes, and notices of Breakfast Briefings, . conferences, and other training opportunities designed to help the .Client with daily legal concerns. The Law Firm will send those and other additional servile notices to the Client via regular mail .and/or electronic mail at the email address which you .designate or the email used in your,daily communications with us. These email notices are a:convenient way to keep the, Client mana6ers apprised of.impottant legal changes. By execution of:this Agreement, the "Client and designated contact(s) consent to receive such communications by electronic mail subject to� the right of unsubscnbe at any time. V. ARBITRATION The parties agree that all disputes which arise between the Client and the Law Firm, whether financial or otherwise regarding the attorney- client relationship, shall be resolved by binding arbitration.' The parties agree to waive their right to ajury trial and to an appeal.. Dated: 4'E -/f Dated: -�, _ :F — 2_0 l � A -roiuNm,REEPRESFNTAriONA(IREL IvIENT 0-008= 3.000001297818v1 ATKII\ISON, ANDELSON, .LOYA, RUUD & ROMO n By: Deanna Mouser CITY OF SARATOGA Bv: % G �-- Dave Anderson, City Manager PAGE 3. EXHIBIT A INSURANCE Please refer to the insurance requirements listed beloly. Those that have an "X" indicated in the space before the requirement apply to the AGREEMENT FOR BARGA1ATING SERVICES (ignore any not checked). Contractor shall provide its insurance broker(s) /agent(s) with.a%copy of these requirements and request that the), provide Certificates of I.nsurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 9070. . Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit A. The endorsements are. to be signed by a person authorized by that insurer to bind coverage on. its behalf. All endorsements and certificates are to be received and approved by City before Mork commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting, the coverage required by these specifications. X Commercial Gene. ral/Business:Liability Insurance wvith coverage.as indicated X $1,000,000 per.occurrence /$2,000,000 aggregate limits for bodily injury and property damage y _ $ per occurrence bodily injury/$ per occurrence property damage _ Coverage for X, C; U hazards MUST be evidenced on the Certificate of Insurance If the standard ISO Form wording for "OTHER INSURANCE ", or other comparable wording, is not contained in Contractor's liability insurance policy,'an endorsement must be provided that said insurance will be primary insurance and any insurance or >s' elf - insurance maintained'by City, its officers, employees, agents or volunteers shall be in excess of Cont'ractor's insurance and shall not contribute to it. X Auto Liabilitv Insurance with coverage as indicated: X $1,000,000. combined single limn for bodily injury and property damage $ per;person/$ per accident for bodily injury _ $ per occurrence for property damage _ $ 500.000 combined single limit for bodily injury and property damage. Garage keepers extra liability endorsement to extend coverage to all vehicles in the care; custody and control of the contractor, regardless of where the vehicles are kept or dri�,en. A'ITOR?VTEY R 0RESENTATION AGR'EEIAENI F P.AGiE 4 ocos.?.uooaon_9781 s%,1 X Professional/Errors and Omissions Liability with coverage as indicated: X $4,000,000 per loss/ $2,000;000 aggregate 551000;000 per Ioss/ $5,000,000 aggregate Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this, Agreement. Contractor may satisfy this requirement by renewal of &isting coverage or, purchase of either prior acts or tail coverage applicable to said three year period. X Workers` Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1.961 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured - against liability for workers' compensation or to uncdertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General /Business Liability coverage naming the City of Saratoga, its officers; employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such. as Form CG 20 10) X . The Certificate of Insurance MUST provide 30 days notice of 'cancellation, (10 days notice for non: payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: ``... endeavor to ..." AND ".. but failure to mail such notice shall impose no obligation or liability of any kind upon the . company, its agents or representatives." All subcontractors used must comply with the.above requirements except as noted below: ATTUR ILY R;EPREsr :v,rA,ri0\ AGRF = .'ivlENT P:AGi >5 0008-52.0000012978180 0 As to all of the checked insurance requirements.above, the following shall apply: a. Deductibles and SelMnsured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the.City. At the option of the City, either (1) the insurer shall reduce or eliminate such4e.ductiblesor self- insured:retentions. as respects the .City, its' officers, officials and employees; or (2) the Contractor shall procure; a, bond guaranteei.ng payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City; its officers; officials, employees and volunteers are to be covered as insureds as respects: 'liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied' or wised 'by the Contractor, or.automobiles owned., leased, hued 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.orvolunteers. c. Other Insurance Provisions. The policies are to..contain°, or be endorsed to contain, the following provisions: i. Any failure to comply with reporting provisions of the policies shall not affect coverage .provided to the City, its, officers,, officials, employees or volunteers. ii. The Contractor's insurance shallapply separately to each insured against whom claim is made, or suit is brought, except with respect to the limits of the insurer's liability: iii. Coverage. shall not be suspended, voided; canceled by either party,: reduced in coverage or in limits. except after thirty (30) days' prior written. notice by certified mail, return receipt requested, has: been given to the City:, d. Acceptability of Insurers. Insurance is to be placed with insurers with a. Bests' rating of no less than ANIL A1-ORNE`,.' REPRESENTATION A. REE,N4ENT PAGE UUUS >1.0000UP..97S 18�• l ClGar,tif.•'R .414 ATLt.InNn AGGRO. CERTIFICATE OF LIABILITY INSURANCE DATEIWAIDDiYYYY) 041fi412011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY.AND CONFERS NO ".RIGHTS UPON TiiE.CERTIFICATE HOLDER. THIS CERTIFICATE DOES 'NOT AFFIRMATIVELY OR NEGATIVELY, AMEND, EXTEND OR ALTER THE'COVERAGE AFFORDED BY THE`POLICIES BELOW. THIS CERTIFICATE'OF.INSURANCE DOES NOT CONSTITUTE A PONTRACT:BETINEEN THE ISSUING INSURER(S),"AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE'CERTIFICATE" "HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED., the policy(ies) must be endorsed: if SUBROG'ATIOWIS WAIVED, subject to the terms and conditions of the policy; certain policies may require an enclorsement:'A statement on this certificate does not confer rights to the. certificate holder in lieu of such endorsement(s)., PRODUCER - Willis Insurance Services Of California Inc License #03717'19 w CONTACT .Paula Brown NAME: _ PHONE FAX - -- (NC No ,,d)i 949.8$5 1.200 -(JX Nei; 949 - 885 =1225 EMAIL I ADDRESS: paula.bi-6Wrf@willis.com 1.8101 Van Karnlan Ave Suite 600; Irvine CA 92612 I INSURER(S) AFF ORDINGCOVERAGE NAICp I INSURERA::Columbia Casualty Company 311_27 INSURED Atkinson, Andeison, Loya, Ruud 8r Romo 12800 Center Court Drive INSURER B,: INSURERC COMMERCIAL GENERAL LIABILITY Suite 300 S ( INSURER D: Cerritos, CA 90703 ' " .INSURER E: AACORD 25 (2010/05) 1 of 1 — INSURER F: - -'- cMIPRAr:PC CFRTIFIrATF NIIMRFR, RFVISInN NumRFR- THIS, IS TO CERTIFY THAT THE POLICIES OF INSURANCE ;LISTED BELOW HAVE BEEN ISSUED TO THE. INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER'DOCUNIENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURA D NCE AFFORDED BY THE "POLICIES DESCRIBED HEREIN 3S SUBJECT 70,'ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN, REDUCED BY PAID " CLAIMS: INSR - - TYPE OF INSURANCE .... -. -.. ,._ ___ ADOLSUBR INSR_ VJVD„ -_.., POLICY NUMBER _ — ^_ POLICY EFF M4d100l1'YW- POLICY EXP (MhtlDD LIMITS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Nonica Labossiere Human Resource Manager ACCORDANCE WITH THE POLICY 'PROVISIONS." EACH OCCURRENCE - GENERAL LIABILITY �5 COMMERCIAL GENERAL LIABILITY I 'OAMAG� 7OJRENTED� PREMISES Ea occurrence $ AACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S477a47INi477544 IVIPEAK CLAIMS•MAOE 0 OCCUR. I= MED EXP (FuiYone person) S _. PERSONAL 6'ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOP. AGO S _ PRO- POLICY Jc 7• .LOC AUT01.10BILE LIABILITY COMBINED SINGLE LIMIT Eaa-cidenl S _. BOGILY INJURY(Pecpersan) ..5 ANY AUTO I ALL OWNED SCHEDULED AUTOS AUTOS• BODILY INJURY (Peracndent) - S PRO .PER DA6�AGE P.er t — g I` NON•OWNED I HIRED AUTOS AUTOS l UMBRELLA LIAB O�.'-UR I EACH O CCURRENCE 'S AGGREGATE .S H EXCESS LIAR Cr i "OED RETENTIONS' `/.'ORKERS C01: PENSATION ANDEMPLOYERS'LIABILITY Y.IN ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER]HEMSER EXCLUDED? �' NIA ) WC STATU- �I - IOTH- 11T 1 :!E @. E.L. EACH ACCIDENT - 5 - -- - -- E:L, DISEASE -.EA EMPLOYE - S _... (Mandatory imNH) If yos, describe under DESCRIPTION OF OPERATIONS below ( i E.L. . DISEASE- POLICY LIIAT .S A Professional 425184646 8/08/2010 08108/20111 $1,000,000 Per Claim Liability I I $2,000,000"Aggregate; DESCRIPTION OF OPERATIONS] LOCATIONS I VEHICLES,(Attach ACORD 101, Additional Remarks Schedule, ar moro space is'raquired)' 1 CERTIFICATE. HOLDER CANCELLATION City f Saratoga O SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Nonica Labossiere Human Resource Manager ACCORDANCE WITH THE POLICY 'PROVISIONS." 13777 F.ruitvale Avenue Saratoga, CA 951070 AUTHORIZED REARES NikMVE I 61688 -2010 ACORD CORPORATION. All rights reserved. AACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S477a47INi477544 IVIPEAK RO® CERTIFICATE OF LIABILITY INSURANCE oPlo Ps DATE (MM DDIYYYYj ATKIN =1 04/13/11 PRODUCER TH S,CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS.UPON THE CERTIFICATE: Arroyo /Knauf Ins . :Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 41458 ALTER THE COVERAGE AFFORDED BY THE. POLICIES BELOW POLICY NUMBER . F CTIVE ' IDD DAO TEt (M YYYY)DATE Los Angeles CA 90041 -0498 Phone: 323- 550 -7900 Fax: 323 - 256 -0800 INSURERS AFFORDING COVERAGE NAIC`# INSURED INSURER Ai Federal Insurance CoTpany 2028,1 INSURER B: Vigilant Insurance_ Company INSURER Ci wsURERO:. 20397 ° " -- Atkinson, Andelson, Loya, Ruud & Romo 12800 Center Court Dr.. #200 Cerritos CA 90703 -2273 INSURER E' X COMMERCIAL GENERALLI.ABIUTY I CCIVFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE, MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS,OF SUCH POLICIES. AGGREGATE LIMITS.SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IASKpi� LTR NS CITYSAR POLICY NUMBER . F CTIVE ' IDD DAO TEt (M YYYY)DATE POLICY IMMfDOCIYYY LIMITS NOTICE TO THE CERTIFICATEHOLDER NAMED TO THE LEFT; BUT FAILURE TO DO SO SHALL City GENERAL LIABILITY IMPOSE NO OBLIGATION OR LIABILITY OF'ANY KIND UPON THE INSURER, ITS AGENTS OR Attn. EACHOCCURRENCE : 5 1 , OOO , O;OO B X X COMMERCIAL GENERALLI.ABIUTY 35344557 07/2.6/10' 07/26/11 PR 'EM ISES(Eaoccurenca),. IS;1,0.00.,000.. 13777 Fruitvale Avenue CLAIMSMADE XI OCCUR MEDEXP(Anyoneperson) S10 ,000 PERSONAL 8.ADV INJURY S 1,.0.0 0 , OOO GENERAL AGGREGATE' GEN'L AGGREGATE LIMIT APPLIES PEP.: PRODUCTS- COMPIOP AGG. � S Incl Ag , POLICY ; PRO F i Ben . .1, 0 0.0 , 0,00 A AUTOMOBILE LIABILITY ANYA.LTO 73508514 07/26/10, 07/26/11 —1, COMBINED SINGLELIMIT (Ea accident) ` S BODILY ; � --- eroison) S 1,000,000 (Per person) I. ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY Per accident) S ( I X :X -HIRED AUTOS NON -OWNED AUTOS � — --- •---- - - - - -I i PROPERTY DAMAGE ' S (Peracoident) i .GARAGE LABILITY AUTO ONLY • EA T j S ANY AUTO ( EA ACC S OTHER THAN AUTOONLY A G ; $ jEXCESSJ UMBRELLA LIABILITY ( I EACH OCCURRENCE ;57,000,000 I 01-CUR CLAIMS MADE 7975104 07/2/10 07/26 11 AGGREGATE i s 7,000,000 I3 0DEDUCTIBLE. ' S S' RETENTION- SO A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIV� OFFICERIMEMSER EXCLUDED? t .�, (Mandatory in NH) 71732870 04 "/0.1/11 04/01/1.2 X TORY LIMITS °R EL EACH ACCIDENT 1 1,000,000 EL DISEASE _ EA EMPLOYEE S .l , 0.00 , 000 It yes ,.describe under SPECIAL PROVISIONS below I 1 E.L. DISEASE • POLICY LIMIT i S 1,000,000 OTHER l r DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL, PROVISIONS City of,Saratoga, its officers, employees, agents or volunteers are additional insured per attached form 80- 02- 2367(Rev.8 -04). Coverage is Primary and Non - Contributory per attached form GL80- 02- 2659(Ed..4 -01). Waiver of Subrogation for Workers Compensation apllies per attached form WC040306(Ed.4 -84). Kai =1:Ir1ar6JeVM a :101a 101 L" ;44W VY[.l@ AGUtiU Lb (,dUUUIUI) agar AVT R¢ED c R'BENTATIV'" C j /v // � 01988 -2009 ACORD'CORPORATION. AN rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED. BEFORE THE EXPIRATION CITYSAR DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATEHOLDER NAMED TO THE LEFT; BUT FAILURE TO DO SO SHALL City of Saratoga IMPOSE NO OBLIGATION OR LIABILITY OF'ANY KIND UPON THE INSURER, ITS AGENTS OR Attn. Monica Labossiere Human Resouces. Man REPRESENTATIVES, 13777 Fruitvale Avenue Saratoga, CA :95070 AGUtiU Lb (,dUUUIUI) agar AVT R¢ED c R'BENTATIV'" C j /v // � 01988 -2009 ACORD'CORPORATION. AN rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be, endorsed'. A statement on this certificate does not confer rights to the certificate�holderin lieu of such endorsement(s): If SUBROGATION IS WAIVED, subject to the terms and.. conditions of the policy, certain policies may require an endorsement. A statement on .this certificate does not confer rights to the certificate holder in lieu of such endorsement(s); DISCLAIMER This Certificate of Insurance does not constitute a contract;between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively.amend, extend or alter the coverage afforded by the policies<listed thereon. ACORD 25 Liabifitv Insurance CHU00 Endor- semenf Policy Period JULY'26, 2010 'TO JULY26, 2011 Effectiva Data JULY 26, 2010 Policy Number 3534 -45 -57 WUC Insured ATKIIVSUN ANDIMSON LOYA k0JUD &'ROMO Name, of Company VIGILANT INSURANCE COMPANY Date Issued JULY 21, 2010 This Endorsement applies to the following forms: GENERAL LIABILITY Und{x Who Is An Insured, the following.provision is added: who Is An Insured Scheduled Person Or Subject to all of the terms and conditions of this i❑snrance, any person or organization shown in the Organization Schedule; acting pursuant to a written contract or ageenteni between you and such pe rsonor organization, is an insured; but they are in�mreTs only with respect to liability arising out of your operations, or, your prer❑ises, if you are obligated; pursuant to such contract or agreement, to provide them with such insurance as is afforded by this policy. However, no such person or organization is an fissured With, respcct to any: • assumption of liability by diem in a contract or agreement. This limitation does not apply to the liability for damages for,Ojury or damage, to' which this insurance applies, that the pasha or organization would have in the absence of such contract or aW0u1e'nL • damages arising out of tbr6r go1v ne.gligeaee. Schedule PERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGA'GED, PURSU At+1T 'fO N RMI-E P CONTRACT OR AGREEME'IT BM, UEEN YOIT AND SUCILPERSON OR ORGANIZATION, TO PROVIDE WITH SUCtt 24SURANCL AS IS-AFFORDED BY THIS POLICY; BUT THEY ARE "INSUREDS" ONLY IF AND TO THE MINTRYIUM :F..X IENT° THAT SUCH CONTRACT OR AGREEMENT REQUIRES THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS AS AN "INSURED ", T- IONVI3VM NO PERSON''OR ORGANVATTON 19 AN „INSURFD" IJNDER THIS PRQVIST01v WHO IS MORE SPECIFICALLY DESCRIBED UNDER Liability Insurance Add1NoraJ lnsurcd - Schaduled Person Or Organizadon can&wd Form 80- 02.23E7,Rev. 8 -04) Emforsemen" Page I Liability Endorsement (continued). ANY OTHER PROVISION OF THE WHO IS AN INSURED SECCION OF THIS POLICY (REGARDLESS OF ANY t.,im TATION APPLICABLE' THERETO); All Other terms and conditions remain,unchanpd. Liao ly Imurnrce Additional ;fnsured - Scheduled Person OrOfgamzaticn ms' l page Form Br 02.2367 (r?ay. 8d}4) Endorsemert Page 2 CHUBE3 Liability Insurance Endorsement Policy Period July 26; 2010 to July 26, 2011 i=ffocitve Data July38, 2010 Policy Number 35a4.45�57 LAO Insured .ATK I N, ()N! ANT)FT S(tN LOYA R1 TA) &: KOMO Name of Caniparty V16 JL ANT INSLTR,tN -F; (1). MPANY Date Issued July 26, 2010 -i his Endorsement applies to the ftilkiwiu; f urrns: (ir.,NT.PAL LIAI>'=Y U,lider C mditions, th., foilowinF; coaditioa Is Wded Conditions Other Insurance — If vou.agree, in a written contra ct „aoretmen; erpernvt, to provide primary insurance tot any Primary AddiGopal person or t:reaoizatiou included in Who Ts Ao.In:vucd,•this Othcr Insurance Primary Additionai Insured Insure'lcoodition applies. If other valid and collectible insurance is at ail*le're the insured'inr lass we would otherµ Lx cover under this insurance otir ohlivaliom art imliwd pus follows. Pnrnurf lrtsur3ncc This insurance is primar}. We will norsett contributions from any otherr insurancc availubIt to.tbe; person or ornganizadon with whom you w ree to inehrde:in Who is An Insured, :except when the Exccss Insurruu:c nroxhsion applies: Fx09ss IAS!)rarica This inyunanv is v.xccss ov(sr -any other insurance. whether prirunjry; excess; ctwlujgeat Of Many tatter basis: A. that is fire, Extended Coverage; Ruilder's Risk, lasatllation Risk or si nilar insurance for your ivOrk. igbibgy lrsurance 0ttrer frrsurar+ce - Frimwy ArdiBon -n! Insured �nu&d = Dmt 00-022653,:.t'. 4-UT) rrdcrsrmei7:' Page r' Conditions Other Insurance — 13, that is iasuran,;c thatatppiies to property i6muge to prc1ni>ri rcoWd tii yoki or'fcmpcirtrily Primary A�Iditian4t. <t4cuniea by yoji with, pLirrrdssion of the C7wncr lnsurec! if the Icttis stnhts ctitt.nC aircrilt, aunts or uat+a-.T.tti {ul,;hr strut u;tl suhjCta ttt the Aira'afc. (continued) Aulim Or Watrrcr'aft xclusiou): 1). that is insuranccr 1, prxn ic3cd to you by any person or organization working under contract or apreetnem for you', or 2, linticr.whieh Vou am included as um ivi=ed or: I:. that is ijisu ;wiuta under any Property .,&1jQn:Of this.poiicy.. Wlicn this iitsuruncc is cxc:css, we will have iru 3uty u?- defend the insured against anv suit if atiy: other iosurerhai a duty to defend; such insured.againsst such suit. if no other insurer delcnds, arc will undertake to du so, but wt' will: DG C7)tit1Ua to tlh° erhurud's rights against all these other insurers,. Whcn this insurance is zxccss,over other insunwce, w-e will pay only our snare of the amount of loss, i! any,.that exceeds the,> uni(if the total: • nrntntnt Char all nnccr in nrancc_ would Pay for in ihrahuncc of this ini;urancc: and + or all cicductlblc: and self_insurcd amount; tm Lruh aiher insurtlncc. We will share the,rzntainiog 1u55, if any, with any othcrinsurance that is not descrihed in this: Excess Insurance provi .ilon and was not negodawd specifically to apply in excess of the, Lirniis Of . Insurance shown in the declarations of this ;insr¢an= Method of Sharing If all of the other in':turance perrnits.conlrihudon fry equal shares, we will follow this =1110d utS0. Udder this i icihod e',vdi Insurer c:)ntnbutt:s Cqual anumM until it has Imid iltt applicable,littiil:c of insurance or none of [he loss remains, whichever .%mu:s first. lf'any of the othez insurance does not permit contribution by equal shares, we will.contiibutc by limits. Under this method, each insurer's share is based on, the ratio of its applicable limits of insurance to the total applicable limits of insurauce of :ill insurers.. All other lerim and;,onditions remain unchanged Autha•i:ed Reprentah rE tiabilit , Insurance. Other tnsuranue — Primary FQ8c Form 60 -0202633 (Ed. 4 -r) Endorsement Paget WORKERS' COMPENSATION AND EMPLOYERS' LIASILfTY INSURANCE POLICY WC 99 03 04 (Ed. 7-08) WAIVER OF OUR RIGHT TO RECOVER.FROM OTHERS ENDORSEMENT CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy :unless a different date is indicated below. (The following "attaching clause' need be completed only whenahis endorsement is issued subsequent to preparatiomof the policy,) This endorsement, effective on 04/01 It i at 12:01 A. M. standard time, forms a part of (DATE) Policy No. (12)7173 -28 -70 of the FEDERAL INSURANCE COMPANY (NAME.OF INSURANCE COMPANY) issued to ATKINSON ANDELSON LOYA RUUD & ROMO Endorsement No. Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy: We will not enforce our right against the person or organization named in the Schedule, The additional premium for the blanket waiver offered by this endorsement shall be A.00•% of total California premium. Schedule Person or Organization Job Description BLANKET WAIVER - iANY PERSON .OR ORGANIZATION ALL CALIFORNIA OPERATIONS FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER WC 99 03 04 (Ed, 7 -08) First Amendment to the Agreement For Bargaining Services 1. PARTIES This Agreement for Bargaining Services (the "Agreement'') is made this 1`' day of July, 2011, between the law firm of ATKINSON, ANDELSON, LOYA, RUUD & ROW, a Professional Law Corporation, hereinafter referred to as "Attorney" or the "Law Firm." and City of Saratoga, hereinafter referred to as "Client." II. RECITALS; PURPOSE; MATTERS The Client desires to retain and engage the Law Firm to perform legal services regarding BARGAINING WITH CITY- EMPLOYEES on Client's behalf', and the Law Firm is willing to accept said engagement on the terms and conditions contained in this Agreement. Attorney agrees to provide legal services to the Client, including representation in administrative and court proceedings, as requested by the Client at an hourly rate specified Ul IILA. The place and time for such services are to be designated by the City Manager of the Client or designee. III. TERMS AND CONDITIONS A. The term of this Agreement shall be :for 1 year, commencing July 1, 2011, through June 30, 2012. The Client hereby agrees to pay the Law Firm in connection \vith the above - referenced services as authorized at the following hourly rates: $250 for Partners and Senior Associates, $225 for Associates and $160 for paralegals and legal assistants. B. Agreements for legal fees at other than the hourly rates set forth above may be made by written mutual agreement for special projects or particular scopes of work. In the course of traveling to the Client or while providing legal services at the Client, it may be necessary for the Law Firm to provide billable services to other clients. Client will not be charged for any travel time or .for any time devoted to providing billable services to other ctients. - C. The Law Firm shall. not be obligated to advance costs on behalf of the Client: however, for purposes of convenience and in order to expedite matters, the I,aw Firm reserves the right to advance costs on behalf of the Client with the City Manager's or designee`s prior approval in the event a particular cost item exceeds $2,000.00 in amount, and without the prior approval of the Client in the event a particular cost item totals $2,000.00 or less. Typical cost items include; by way of example and not limitation, long distance telephone charges, fax /tclecopy charges, copying charges, messenger fees, travel costs, bonds; witness fees, deposition and court reporter fees, transcript costs, expert witness fees, investigative fees, etc., except Client will not be charged. any mileage or document preparation. and word processing fees. D. A detailed description of the attorney work performed and the costs advanced by the Law Firm will be prepared on a monthly basis as of the last day of the month and will be mailed to the Client: on or about the 15th of the following month. Payment. of the till amount 006055.00001,2978 18v2 due, as reflected on the monthly statements, will be due to the Law Firm from Client within 30 days after Client receives the invoice, unless other arrangements are made. In the event there are retainer funds of the Client in the Law Firm's "Trust account at the time a monthly billing statement is prepared, funds will be transferred from the Law Firm's Trust Account to the Law Firm's General Account to the extent of the balance due on the monthly statement and a credit therefor will be reflected on the monthly statement. Any balance of fees or costs advanced remaining unpaid for a period of 30 days will be subject to a 1% per month service charge. E. The Client agrees to review the Law Firm's monthly statements promptly upon receipt and to notify the Law Firm, in writing, with respect to any disagreement with the monthly statement.. Failure to communicate written disagreement with the .Law Firm's monthly statement within thirty (30) days of the Client's receipt thereof shall be deemed to signify the Client's agreement that the monthly billing statement accurately reflects: (a) the legal services performed; and (b) the proper charge for those legal services. If Client overpays a statement, the Law Firm will credit Client's overpayment to the next month's statement or will issue a refund of the overpayment. F. The Client agrees to fully cooperate with the Law Firm in connection with the Law Firm's representation. of the Client including, but not limited to, attending mandatory court hearings and other appearances and providing necessary information and documentation to enable the Law Firm to adequately represent the Client. G. The Client has the right, at any time, and either with or without good cause, to discharge the Law Firm as the Client's attorneys. In the event of such a discharge of the Law Firm by the Client, however, any and all unpaid attorneys' fees and costs owing to the Law Firm from the Client shall be immediately due and payable. H. The Law Firm reserves the right to discontinue the performance of legal services on behalf of the Client upon the occurrence of any one or more of the following events: I. Upon order of Court requiring the Law Firm to discontinue the performance of said legal services; 2. Upon a determination by the Law Firm in the exercise of its reasonable and sole discretion, that state or federal legal ethical principles require it to discontinue legal services for the Client; 3. Upon the failure of the Client to perform any of the Client's obligations hereunder as respects the payment of the Law Firm's fees and costs advanced; or 4. Upon the failure of the Clicnt to perform any of the Client's obligations hereunder as respects cooperation with the Law Firm in connection with the Law Firm's representation of the Client. I. In the event that the Law Firm ceases to perform legal services for the Client as h.ereinabove provided, the Client agrees that it will promptly pay to the Law .Firm any and all unpaid fees or costs advanced, and retrieve all of its files, signing a receipt therefor. Further, the Client agrees that, with respect to any litigation where the Law Firm has made an appearance in ATFORNEY REPRESENTATION AGREEMENT PAGE 2 006055.00002/2978 IM Court on its behalf, the Client: will promptly execute an appropriate Substitution of Attorney form. J. The Law Firm shall maintain the insurance coverage described on Exhibit A and has provided City with the documents referenced therein. . K. It is understood and agreed that the Law Firm, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and is not an employee of the Client. IV. CONSENT TO LAW FIRM COMMUNICATION As part of our commitment to client service, the Law Firm will send the Client periodic alerts on case developments and legislative changes, and notices of Breakfast Briefings, conferences, and other training opportunities designed to help the Client. with daily legal concerns. The Law Firm will send those and other additional service notices to the Client via regular snail and/or electronic mail at the email address which you designate or the email used in your daily communications with us. These entail notices are a convenient way to keep the Client managers apprised of important legal changes. By execution of this Agreement, the Client and designated contact(s) consent to receive such communications by electronic mail subject to the right of unsubscribe at any time. V. ARBITRATION The parties agree that all disputes which arise between the Client and the Law Firm, whether financial or otherwise regarding the attorney- client relationship, shall be resolved by binding arbitration. The parties agree to waive their right to a jury trial and to an appeal. ATKINSON, ANDELSON, LOYA, RUUD & ROMO Dated: h ^ 7 By: Deanna Mouser Dated: CITY OF SARATOGA By: Dave Anderson, City Manager ATTORNEY REPRESENTATION AGREEMENT PAGE 3 006055.00002/297818v2 EXI BIT A INSURANCE Please refer to the insurance requirements listed below. Those that have an "X" indicated in the space bE fore the requirement apply to the AGREEMENT FOR BARGAINING SERVICES (ignore any not checked). Contractor shall provide its insurance broker(s) /agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit A. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before wort: commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting.the coverage required by these specifications. X Commercial General /Business Liability Insurance with coverage as indicated: X $1,000,000 per occurrence /$2,000,000 aggregate limits for bodily injury and property damage $ per occurrence bodily injury /$ per occurrence property damage Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance If the standard ISO Form wording for "OTHER INSURANCE ", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self - insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's .insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage $ per person/$ per accident for bodily injury $ per occurrence for property damage $ 500,000 combined single limit for bodily injury and property damage Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the contractor, regardless of where the vehicles are kept or driven. ATTORNE.Y RIIPRESENTATION AGREEMENT PAGE 4 006055.00002297518 v2 X Professional/Errors and Omissions Liability with coverage as indicated: X $1,000,000 per loss/ $2,000,000 aggregate __ $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Pr ofessional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every . employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial. General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X_ The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non - payment of premium). NO'T'E: the following words must be crossed out or deleted from the standard cancellation clause: "... endeavor to ..." AND "... but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." All subcontractors used must comply with the above requirements except as noted below: ATTORNEY REPRESENTATION AGREEMENT PAGE 5 006055.00002/297818v2 As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self- Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed. operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. Other Insurance Provisions. `Fhe policies are to contain, or be endorsed to contain, the following provisions: i. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. ii. 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. iii. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d.. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: V1.1. ATTORNEY REPRESENTATION AGREEMENT PAGE G 006055.00002/297818v2 oYs 99•�.�? SARATOGA CITY COUNCIL HF� mot; MEETING DATE: July 14, 2011 AGENDA ITEM: DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor, Recreation & Facilities Director DIRECTOR: Michael Taylor SUBJECT: Approval of Library Improvement Projects and Authorizing Use of Library Improvement Fund RECOMMENDED ACTION(S): Authorize use of approximately $290,000 of the Saratoga Library Improvement Fund and approve projects to improve and enhance the Saratoga Library. REPORT SUMMARY: In 2001, the voters of Saratoga approved a $15 million General Obligation Bond for the "improvement, renovation, and expansion of the Saratoga Library." As of June 30, 2011, $290,000 remained in the fund. At the Library Commission's June 22, 2011 meeting, the Commission identified a number of projects needed to improve the Library facility (Attachment A). Staff received opinion from the original Bond Counsel that "all listed expenditures qualify except the display case item and the exterior signage, unless it is directly adjacent to the library building." Staff recommends using approximately $220,000 of the fund for the solar project with an additional $19,000 used for roof access improvements, and $51,000 for the flooring improvements. It is anticipated that all projects could be completed by December 31, 2011. The Library is not able to make any formal commitment to the use of any savings generated by solar panels on the roof of the Library at this time. Library staff is divided in how they would like to redesign the lobby area. Space is limited and reconfiguration is a complicated issue that includes ADA consideration and changing technologies. Therefore, staff recommends not making any lobby reconfiguration until a consensus can be achieved. Staff also considers the $200,000 estimate for interior way- finding and signage to be exorbitant and does not recommend that project at this time. FISCAL IMPACTS: All projects would be funded by the Library Bond. Any extraordinary expenses associated with the projects may be funded through the City Facility Building Maintenance accounts. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Library improvement projects would not be made. This may also result in the City being required to refund the remaining balance of the Library Improvement Bond to the property owners. ALTERNATIVE ACTION: Council may select to perform other projects identified by the Library Commission or such projects as Council may identify. FOLLOW UP ACTION: Staff will begin contracting the projects. The City Manager will sign and execute the agreements. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council .meeting. ATTACHMENTS: A. Library Commission — Project Recommendations 07 -06 -2011 2 Attachment A - Library Commission — Project Recommendations 07 -06 -2011 Priority Project Description Estimated Cost First Priority Interior Signage Implementation of an existing Santa Clara County Library interior signage design package to Proiects improve way finding within the Library. $200,000 This is a high priority project for the Library Commission. Workroom Floor This project is intended to address a design flaw in the selection of ordinal flooring material Mitigation (carpet). The installation of automated material technologies and the volume of circulation (check in /out of books) require a more durable surface. Currently, the carpet is a potential $ 50,687 safety hazard. This is a high priority project for the Library Commission. Lobby Working with the Santa Clara County Library staff to modify use and activities within the Reconfiguration lobby space to better accommodate customer convenience and staff workflow functions. This space no longer functions per its original design and this project would maximize use of the space. Exterior Sign age This project would implement a sign designed by the City's Heritage Preservation Commission that is intended to more prominently identify the Library and Heritage Orchard a the southwest corner of the Saratoga Avenue and Fruitvale Avenue intersection. The sign only eligible for Bond will include stanchions for temporary signage, providing a cleaner appearance. funding if the signage is right next to the library The Library Commission suggested that the full cost of this project should not be covered by remaining bond funds. Second Priority Solar In support of the Council's priority to integrate clean energy in City facilities, this project would add a solar array to the roof of the Library — if feasible. $220,000 plus $ 19,000 roof access Proiects improvements Third Priority Onsite Water Explore the use of cisterns to retain non - potable water on site to be used for landscape and Projects Retention crop irrigation, if feasible. Cisterns could be located on site and designed to complement the agricultural character of the Library building. Display Space Installation of new case work or stand along exhibits to accommodate both historical and not eligible for Bond community oriented art, artifacts, and displays. funding